Loading...
HomeMy WebLinkAbout07-18-2001 City Council Agenda Packet+' 1 • ,~ ,~ y ~~ ~nu o. s'- 1 ~, t~, ~: ~ .,., :,; • _ .-l .T _ ~J CITY OF SARATOGA CITY COUNCII, LAND USE AGENDA TUESDAY, JULY 17, 2001 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR JULY 18, 2001 ON JULY 17, 2001 ROLL CALL REPORT OF POSTING .AGENDA AGENDA 1. LL-00-005 (517-23-021 and 517-22-111} - 15480 Peach Hill Road; - Applicant: Husain/Khan Appellant: Husain/Khan/Giberson 2. DR-01-005 (386-06-017) -19208 Brookview Drive Applicant: Palumbo Appellant: Escola, Karren, Gross The City Council conducts site visits to properties which are new items on the Cin~ Council agenda. The site visits are held on Tuesday preceding the Wednesday hearing between 3 :00 p.m. - x:00 p.m. Site visits only occur «~hen there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (~ to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. • ~~ ,~:~ ~~t;~ ~~,.. ,.`,. - -, -•- ~J AGENDA JOINT MEETING/STUDY SESSION SARATOGA CITY COUNCIL " PLANNING COMMISSION REGULAR MEETING SARATOGA CITY COUNCIL JOINT MEETING/STUDY SESSION x:00 P.M. -ADULT CARE CENTER - 19655 ALLENDALE AVENUE 1. Housing Element Recommended action: Accept report and direct staff accordingly. ~.,.., CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:05 P.M. • t Si`nificant exposure to litigation pursuant to Government Code section 54956.9(b): (~ poten~ial cases.). REGULAR 1IEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRL'IT~'ALE AVENUE ~l.al•OR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA ~ Pursuant to Gov't. Code 54954.?, the agenda for this meeting was properly posted on July 13, ?001) C01I~1UNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items .Ant• member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. • Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regazding actions on current Oral Communications. CEREMONIAL ITEMS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section rill 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. Approve Council Meeting Minutes r Regular Meeting -June 6, 2001 ~/~ Special Meeting -July 10, 2001 Recommended action: Approve minutes. 2B. Review of Check Register Recommended action: Approve check register. 2C. Approve Treasurer's Report for month ended June 30, 2001 ~ 1 Recommended action: C Approve Treasurer's Report. ~D. Re~~ie~~ Planning Commission Action Minutes ~~ ---- Regular Meeting -June 27, 2001 d -' Regular Meetmg -July 11, 2001 1 C Recommended action: \ote and file. 2E. Authorization to City Manager to execute contract with Melissa Eddy for Interim ~~ Finance Director Recommended action: ,~ y Approve authorization to execute contract. .~ 2F.~~Civic Center Master Plan Project Committee City Council Liaison ~~ iRecommended action: ~~ ~~ Make appointment. 2G. Property Tax Levy to Service the Debt on the Library Bond ~ ~~ Recommended action: Adopt resolution. 2 2H. Resolution denying an Appeal from the Decision of the Planning Commission ~ DR-O1-01400-013 -13921 Loquat Court- Applicant/Appellant: Adlparvar Recommended action: Adopt resolution. - r~ 2I. Resolution Denying an Appeal from the Decision of the Planning Commission UP-00-013 -Cox Avenue and Cumberland Drive -Applicant: Nextel Appellant: Marolda Recommended action: - Adopt resolution. ~2J. Commission Attendance Records - - . Recommended action: Note and file. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of frve minutes maximum for closing statements. Items requested jor continuance are subject to Council 's approval at the Council meeting 3. Approve resolution of confirmation of report and assessment of weeds and brush abatement. Recommended action: Open public hearing; close public hearing; adopt resolution. 4. Appeal of Planning Commission denial of LL-00-005 (517-23-021 and ~,~~ ao~ aao~,~~, ~;,,.~,~..~ >oo~~,~, 517-22-111}-15480 Peach Hill Road; Applicant: Husain/Khan Appellant: Husain/Khan/Giberson Recommended action: Deny the appeal and uphold the Planning Commission's decision. ~. Appeal of Planning Commission approval of DR-Ol -00~ (386-06-017) -Palumbo, 19?08 Brookview Drive; Applicant: Palumbo Appellant: Escola,Karren.Gross Recommended action: Deny the appeal and uphold the Planning Commission's decision. • 6. Disadvantaged Business Enterprise Program (DBE) Recommended action: Open public hearing; close public hearing; adopt resolution. 7. Local Law Enforcement Block Grant Recommended action: Open public hearing; close public hearing; adopt resolution. OLD BUSINESS 8. Pavement Management Program Update ~~ Recommended action: Accept report and authorize execution of contract. 3 a _r .- 9. Saratoga Community Foundation Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 10. Housing Trust Fund Contribution ~- Recommended action: Adopt resolution and authorize execution of contact. 1. .Authorization to City Manager to Execute Contract with Greg Ing & Associates Recommended action: Authonze execution of contract. 12. Authorization to City Manager to Award Contract to Gen-Con Inc. for Phase I 14. Construction Debris Ordinance Recommended action: ~s Accept report and direct staff accordingly. 1 ~. League of California Cities Voting Delegate Recommended action: Appoint voting delegate. CO:~I~IISSION ASSIGNMENT REPORTS Library Recommended action: - Authorize execution of contract. 13. Selection of Code Enforcement Hearing Officer Recommended action: Adopt resolution appointing hearing officer and authorize execution of contract with hearing officer. Planning Commission Baker Parks and Recreation Commission Streit i Finance Commission Mehaffev Library Commission Bo~osian i Public Safety Commission Bo osian ~-Heritage Preservation Commission Waltonsmith t Youth Commission Waltonsmith Gatewa Task Force Mehaffe i Library Ex ansion Committee Bo osian CITY COUNCIL ITEMS ~ ,~ „ ~~?~ ~~ ~i~,~~, OTHER ~~~ ~ I ~~~ at ~ CITY MANAGER'S REPORT ADJOURNMENT ~~~ ~ ~~ / ~ ~. ~ ~~~~ /~~` In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) SCHEDULED CITY COUNCIL MEETINGS August 1, 2001 Regular Meeting/Cancelled Summer Recess August 15, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California September 5, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California September 8, 2001 Ground Breaking Ceremony -Saratoga 1:00 p.m. Community Library September 11, 2001 Study Session -Civic Center Master Plan 7:00 p.m. September 19, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California October 3, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California October 17, 2001 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California • ^ r 5 ~~ F~ r~ SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: .. CITY MANAGER: ~~ DEPT HEAD: SUBJECT: Joint City Council/Planning Commission Study Session on the Housing Element RECOA~IlVIENDED ACTION (S): Staff recommends the two bodies receive a presentation from the City's consulting planner, Jeff Goldman of Pazsons. City Staff will also participate in the presentation of the Draft Housing Element. Following the presentation, Staff would request that the City Council and Planning Commission continue with the question/answer phase of the Study Session. REPORT SUMMARY: Staff has attached a Memorandum from Jeff Goldman that addresses many of the State of California mandates and regulations. Staff has asked Mr. Goldman to address issues related to timing, the "numbers" and public participation. Additionally, the consultant has been requested to discuss the approval process that Housing and Community Development Department will use to review the Housing Element. In particular, after the City responds to the comments resulting from the initial 60-day review, aze there statutory time limits for HCD to respond back with either an approval or additional comments. The Memorandum from Mr. Goldman as well as the Administrative Draft of the Housing Element contain a methodology of how the City can meet the "Fair Shaze" assigned to it from Association of Bay Area Governments (ABAG). It is likely that some "tweaking" of the spread will be made during the process. Please note that the 539 dwelling units have been provided for without designating an individual pazcel or parcels as sites for below mazket rate housing projects. By using the Mixed Use concept as a zoning overlay the required units can be accommodated without concentration. Please remember that the Administrative Draft version of the Housing Element is a discussion draft, it is not the Final Version. FISCAL IMPACTS: Not A licable for the Stud Session PP Y .~ CONSEQUENCES OF NOT FOLLOWING RECOMII~NDED ACTION (S): Not Applicable ALTERNATIVE ACTION (S): Not Applicable FOLLOW UP ACTION (S): Continue with the public participation efforts and schedule a formal Public Hearing before the Planning Commission for the August 22, 2001 regular meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT': Not Applicable ATTACIIMENTS: 1. Memorandum from Jeff Goldman of Parsons 2. Administrative Draft Version of the Housing Element 3. Final Housing Needs Assessment Report • P~iRSONS Parsons Harland Bartholomew & Associates, Inc. A Urtit of Parsons Infrastructure 8 Technology Group Inc. 2233 Watt Avenue, Suite 330 Sacramento, California 95825 (916) 483-0481 Fax (916) 483-3364 http://www. parsons.CAm MEMORANDUM TO: Thomas Sullivan, AICP Community ;Development Director City of Saratoga From: Jeff Goldman Date: 7-11-01 Subject: Housing Element/Joint Study Session Second Units Many communities have included programs in their housing elements to promote the construction and/or legalization of second units to contribute toward new housing construction objectives. A second unit program is ,especially important in communities that are nearly built out or have environmental constrainfs to accommodating significant numbers of new housing units at higher densities to meet low-income housing needs. Both conditions are present in Saratoga, so a realistic second unit program could be part of the City's overall housing strategy to comply with state law. To make a substantial contribution to meeting the City's RHND allocation, second unit requirements should not be so restrictive so as to make this option unavailable to most single-family property owners. In its review of housing elements, HCD has stated that it will not consider the contribution of second units toward meeting a locality's future housing needs if the requirements for approval are overly restrictive. In addition, HCD has also stated that the local jurisdiction should document its efforts, or propose specific actions, to promote second units as a housing option. The Housing Element should document, therefore, that second units are a feasible option and have some basis for estimating the number of such units that could be approved through June of 2006. For these reasons, Program 1.1 proposes to ease some of the City's current second unit requirements, specifically on age of occupants, minimum lot size, and the number of second units that can be approved annually. Staff proposes a conservative estimate that 25 second units will be approved and legalized through an amnesty program. Mixed Use Zones Saratoga must show that it can accommodate at least 111 additional dwelling units at densities appropriate for the construction of very low- and low-income housing and 108 units of moderate- income housing through' June of 2006. Residential densities to support such housing must be substantially higher than currently allowed in single-family zones. Therefore, only sites permitting multifamily uses will be able to accommodate the City's RHND allocation for low- and moderate- income housing With the exception of the Odd Fellows property, there are~few residential sites in the City that could support the level of density needed to accommodate low- or moderate-income housing, however. PARSONS Parsons Harland Bartholomew 8 Associates, Inc. `::: A Unit of Parsons Infrastructure 8 Technology Group Inc. 2233 Watt Avenue, Suite 330 Sacramento, California 95825 (916) 483-0481 Fax (916) 483-3364 htto://www. oarsons.com State law (California Government Code, section 65583[c][1]) requires that a housing element identify adequate sites that will be made available through appropriate zoning and development standards for a variety of housing types meet the community's housing goals. Wf^,ere the inventory of sites does not identify adequate sites to accommodate the Reed for groups of all household income levels the City Housing Element must contain a program to show how the City will provide . for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low and low-income households. Some communities with conditions similar to Saratoga have successfully used residential- commercial mixed-use programs to show how adequate sites will be made available at suitable densities to meet low- and moderate-income housing needs. Under amixed-use strategy, residential projects are permitted in specified commercial zones, either independently or in conjunction with commercial development, at sufficiently high densities to meet the "adequate sites" provision of state law. There are two approaches to a mixed-use strategy: 1) designate specific commercial zones or sites on which residential uses are permitted with appropriate development standards, and 2) designate amixed-use or residential overlay zone, with separate development standards, that can be applied to commercial zones throughout the jurisdiction. Program 1.2 proposes that the City designate commercially-zoned sites suitable for mixed-use development. This program can easily be modified, however, to create amixed-use or residential overlay zone applicable to all commercial areas. The benefit of the latter option is that it does not commit the City to designating specific sites in advance of a development proposal as being appropriate for mixed-use projects. To receive favorable review by HCD, however, the use of the overlay zone option must be accompanied by documentation in the Housing Element that demonstrates: 1. the specific locations in the community where the overlay could apply, 2. realistic residential densities that could be achieved in support of affordable housing development, and 3. an estimate of the number of dwelling units that can realistically be accommodated through an overlay option. Draft Distribution of Housing Units Income Groups RHND 1 2 3 4 5 6 7 8 7 Very Low Income 75 25 25 25 75 Low Income 36 10 26 36 Moderate Income 108 108 108 Above Moderate Income 320 161 17 142 320 Total 539 161 10 125 25 25 51 142 539 Housing Programs: 1. Dwelling having received building Permits between 01/01/99 and OS/O1/O1 2. Odd Fellow Phase 1 units with Kitchens 3. Odd Fellows Phase 2 4. Amnesty Program for 2"d Units PARSONS Parsons Harland Bartholomew 8 Associates, Inc.: A Unit of Parsons Infrastructure & Technology Group Inc. 2233 Watt Avenue, Suite 330 Sacramento, California 95825 (916) 483-0481 Fax (916) 483-3364 httpa/www.parsons.com 5. New 2°d Units 6. Mixed Use Throughout All Commercial Districts 7. Individually Identified Parcels for Below Market Rate Housing 8. Infill and Small Land Divisions for next Five Years Compliance with State Requirements for Homeless 8~ Other Special Needs Groups The City's Zoning Code does not explicitly permit homeless shelters, transitional housing, and related supportive services facilities. State law (California Government Code, section 65583[c][1]) requires that the Housing Element contain an identification of adequate sites for a variety of housing for all income levels, including sites for emergency shelters and transitional housing, to meet the City's housing goals. If the Housing Element does not identify adequate sites, the document must include a program addressing the availability of sites for the targeted special needs group. HCD has interpreted this state mandate to mean that, at a minimum, the Housing Element must identify zoning districts and conditions under which homeless facilities and transitional housing will be permitted, or include a program to amend the local zoning code to so specify. HCD's position has been that, even if no current or future need for such facilities has been documented in the community, the Housing Element must still identify where such uses would be allowed should a need arise and a request for such facilities be submitted to the local jurisdiction. To address the state requirements and HCD's interpretation, Program 5.2 has been proposed to amend the City's Zoning Code to specify the zones and conditions under which homeless, transitional housing, and supportive services would be permitted. • • C6TY OF SARATOGA Housing Element GOALS, POLICIES, AND OBJECTIVES ADMINISTRATIVE DRAFT JUNE 2001 • SARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAFT • INTRODUCTION The Housing Element of the General Plan is a comprehensive statement by the City of Saratoga of its current and future housing needs and proposed actions to facilitate the provision of housing to meet those needs at all income levels. The policies contained in this Element are an expression of the statewide housing goal of "attaining decent housing and a suitable living environment for every California family," as well as a reflection of the unique concerns of the community. The purpose of the Housing Element is to establish specific goals, policies and objectives relative to the provision of housing, and to adopt an action plan-toward this end. In addition, the Element identifies and analyzes housing needs, and resources and constraints to meeting these needs. The Saratoga Housing Element is based on five strategic goals: 1) accommodating the City's fair share of the region's housing needs, 2) promoting the construction of housing affordable to low- and moderate-income households, 3) assisting low-income property owners in improving substandard dwelling units, 4) preserving the current stock of affordable housing in the City, and 3) assuring non-discrimination in housing. In accordance with State law, the Housing Element is to be consistent and compatible with other General Plan Elements. Additionally, Housing Elements are to provide clear policy and direction for making decisions pertaining to zoning, subdivision approval, housing allocations, and capital improvements. State law (Government Code Sections 65580 through 65589) mandates the contents of the housing element. By law, the Housing Element must contain: • An assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs; • A statement of the community's goals, quantified objectives, and policies relevant to the maintenance, improvement and development of housing; and • A program that sets forth afive-year schedule of actions that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element. • The housing program must also identify adequate residential sites available for a variety of housing types for all income levels; assist in developing adequate housing to meet the needs of lo~v- and moderate-income households; address governmental constraints to housing maintenance, improvement, and development; conserve and improve the condition of the existing affordable housing stock; and promote housing opportunities for all persons. C7 SARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAFT GOAL 1: TO ACCOMMODATE THE CITY~S FAIR SHARE OF THE BAY AREA REGIONAL HOUSING NEED FOR ALL INCOME GROUPS Objective: To designate sufficient vacant land and/or sites with re-use potential to accommodate the City's allocation under the Regional Housing Needs Determination (RHND) adopted by the Association of Bay Area Governments. The RHND allocation for Saratoga between January. 1, 1999 and June 30, 2006 is as follows: Income Level Dwelling Units % of Total Very Low Income 75 14% Low Income 36 7% Moderate Income 108 20% Above Moderate Income 320 59% Total 539 100% Source: ABAG 1999-2006 Regional Housing Needs Determination. Program 1.1: Zoning Code Changes The City can accommodate the total number of dwelling units allocated by ABAG under the RHND through a combination of vacant residential land, residential or mixed-use projects on vacant commercial land, addition of dwelling units over or behind existing commercial uses throughout commercial districts in Saratoga, approval of second units, and dwelling units constructed or approved by permit since January 1, 1999. To meet the needs of very low-, low-, and moderate-income households, however, several zoning changes will be needed to encourage the production of affordable housing. These include: 1. Eliminate age-related occupancy restrictions for residential properties with second dwelling units, the 1.6 minimum site area requirement for detached second units, and the annual limit of 20 permits on the approval of second units. Timeframe: Adopt Zoning Code amendments by July 1, 2002. Responsible Agency: Community Development Department, Planning Division (draft Zoning Code amendments); Planning Commission (review and recommend amendments to City Council); City Council (adopt Zoning Code amendments). Funding: General Fund. • • 2 SARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAFT Pro ram 1.2: Amend Zoning Code to Implement aMixed-Use Overlay Zone 9 The City will adopt a Zoning Code amendment to implement a residential mixed-use overlay zone that can be applied to any commercial zone within the City of Saratoga. The new mixed-use overlay zone will contain appropriate development standards, including residential density and parking standards, suitable for the development of low- and moderate-income housing. Projects that include residential-commercial mixed-uses will be subjected to the City's density bonus- affordability requirement (see program 2.1). Timeframe: Adopt Zoning Code amendment by July 1, 2002. Responsible Agency: Community Development Department, Planning Division (conduct site analysis and draft Zoning Code amendments); Planning Commission (review and recommend amendments to City Council); City Council (accept recommendations and adopt Zoning Code amendments). Funding: General Fund. GOAL Z: ENCOURAGE THE CONSTRUCTION OF HOUSING AFFORDABLE TO LOWER- AND MODERATE-INCOME HOUSEHOLDS AND INCREASE AFFORDABLE HOUSING OPTIONS Objective: To increase the supply of affordable housing and Housing optioi:s in Saratoga to house additional Households and families earning less than 120% of the Santa Clara County median i~:come. Program 2.1: Density Bonuses and Affordable Housing Requirement The City will amend the Zoning Code to implement state law (Section 65915 of the California Government Code) requiring at least a 25 percent density bonus for any residential project in which at least 10 percent of the units are affordable to very low-income households or 20 percent of the units are affordable to low-income households or 50 percent of the units are designed for seniors. In addition to the density bonus, the City will offer one or more of the following incentives to increase the financial feasibility of constructing the affordable housing: 1. Fee waivers, reductions, and/or deferrals. 2. Modified standards for mixed-use projects (such as a higher floor area ratio) that decrease development costs. 3. Modified design review process to avoid unnecessary or excessive costs or delays for achieving City development standards. 4. Other incentives identified by the project sponsor or the City that will reduce development costs while achieving the overall intent of the City's zoning standards. The City will require that properties rezoned for higher density residential densities or rezoned for multifamily use under Programs 1.1 and 1.2 include the minimum percentages of affordable of senior housing listed above as a condition of permit approval. In addition, the City will require that SARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAFT any other residential projects of five or more units include the minimum percentages of affordable housing listed above as a condition of permit approval. Timeframe: Adopt Zoning Code amendment by July 1, 2002. Recommend site(s) to City Council and re-zone property(ies) by December 31, 2002. Responsible Agency: Community Development Department, Planning Division .(draft Zoning Code amendments); _ Planning Commission (review and recommend amendments to City Council); City Council (adopt Zoning Code amendments). Funding: General Fund, permit fees. Program 2.2: Saratoga Retirement Community The City will work with the Saratoga Retirement Community to set aside at least ten dwellings of the Phase I expansion, currently under construction (included assisted care living units) developed by SRC for low-income households. Timeframe: The project is under construction Responsible Agency: Community Development Department, Planning Division (review development plans and recommend permit conditions to Planning Commission); Planning Commission (review staff report and recommendations and recommend action to the City Council); City Council (approve permit conditions). Funding: General Fund, permit fees. Program 2.3: Assist in Obtaining Subsidies for Affordable Housing Development The City of Saratoga will assist housing providers in accessing state and federal funding sources, as appropriate, to subsidize the construction of housing affordable to lower- and moderate-income households. Assistance may take one of several forms: 1. Applying for state or federal funding on behalf of a project sponsor. 2. Assisting a project sponsor in assembling documentation and endorsements. to support an application for state or federal funds. 3. Providing a local cash match, to be determined on a request basis (if City funds are available). 4. Designating a portion of the City's annual CDBG allocation. Timeframe: Dependent on submittal of project proposals and a lication/fundin PP g timeframes. 4 sARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAFT • Responsible Agency: Community Development Department, Planning Division to provide staff assistance, City Council to authorize allocation of funds or submittal of a City application. Funding: Potential funding sources include: CDBG, California HOME Program, California Multifamily Housing Program, California Downtown Rebound Program, California Urban Pre-Development Loan Program, Federal Home Loan Bank Board Affordable Housing Program, federal Section 8 . and 202 Programs, Santa Clara County Housing Trust, General Fund. Program 2.4: First-Time Homebuyer Assistance The City will make an annual contribution to a regional housing fund dedicated to providing first- time homebuyer assistance and that serves residents of Saratoga. The amount of the Contribution will be determined each year based on the availability of funding. The public and/or non-profit organizations that will receive the funds each year will be based on funding requests from those organizations, the nature of purpose of their programs, and how well their programs address the housing needs of Saratoga. Timeframe: Annual contribution. Responsible Agency: Community Development Department, Planning Division to recommend annual contribution amount, City Council to approve annual contribution. Funding: CDBG, General Fund. GOAL 3: ASSIST LOWER-INCOME HOMEOWNERS IN MAINTAINING THEIR HOMES Objective: To eliminate substandard housing conditions in Saratoga through financial assistance to low-income homeowners who are unable to properly maintain or repair (heir homes. Program 3.1: Saratoga Housing Rehabilitation and Assistance Program The City will continue to provide housing rehabilitation assistance to homeowners earning 80 percent or less of the Santa Clara County median income through the Saratoga Housing Assistance and Rehabilitation Program (SHARP). The Program provides grants of up to $10,000 per applicant. Timeframe: Ongoing program. Responsible Agency: Community Development Department, Planning Division Funding: CDBG. SARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAFT Goal 4: Preserve Existing Affordable Housing in Saratoga Program 4.1: Preserve Existing Affordable Rental Housing The City will seek to preserve existing affordable rental hous_ ing (177 units in three developments) through the following actions: 1. Monitor compliance with state and federal tenant and public notice requirements prior to any change in funding or ownership status. 2. Provide financial assistance for property maintenance and improvements, or provide assistance in obtaining state and/or federal funding for property maintenance and improvements. 3. Identify one or more non-profit entities interested in the right of first refusal should one or more of the properties become available for sale. Provide financial assistance, or assist the non-profit in obtaining state or federal funds for acquisition and preservation as affordable rental housing. 4. Require that any financial assistance is tied to a minimum 30-year affordability covenant binding on all current and future property owners during the effective time period. Timeframe: Monitor annually. Further action will depend on the intention of property owners. Responsible Agency: Community Development Department, Planning Division. Funding: CDBG, California HOME Program, federal Section 8 Program, other state/federal sources for acquisition and preservation GOAL S: PROMOTE EDUAL HOUSING OPPORTUNITY FOR ALL SARATOGA RESIDENTS Program 5.1: Fair Housing Program The City will encourage fair housing practices by cooperating with non-profit housing and citizen organizations. The City will also encourage citizen participation from all segments of the community in identifying and discussing housing issues. The City will designate a Fair Housing Coordinator to monitor and coordinate fair housing activities in the City, including an annual fair housing event to be conducted with representatives of non-profit, real estate, and lending institutions. The Fzir Housing Coordinator will also refer discrimination complaints to Timeframe: Designate Fair Housing Coordinator by April 2002: . s G - SARATOGA HOUSING ELEMENT ADMINISTRATIVE DRAfT C Responsible Agency: City Council to designate responsible agency/position. Funding: CDBG, General Fund. Program 5.2: Sites for Homeless and Transitional Housing Facilities and services - The City will amend the Zoning Code to designate .appropriate zones for the location of homeless and transitional housing facilities and supportive services should the need for such services arise in Saratoga. The proposed mixed-use overlay zone (see Program 1.2) will be the designated zone for such land uses. Timeframe: Adopt Zoning Code amendment by July 1, 2002. Responsible Agency: Community Development Department, Planning Division (draft Zoning Code amendments); Planning Commission (review and recommend amendments to City Council); City Council (adopt Zoning Code amendments). Funding: General Fund. QUANTIFIED OBJECTIVES (January 1, 1999 -June 30 1996) Very Low Low >`loderate Above Moderate Accommodate RHND 75 36 108 320 Allocation >\ew Construction* 75 36 108 320 Housing Rehabilitation 10 20 N/A N/A Preservation of At-Risk 177 N/A N/A N/A Rental Housing *Estimated number of dwelling units anticipated to be constructed in consideration of market trends and available resource for funding and subsidy of affordable housing-includes 161 above moderate-income dwelling units constructed, under construction, or approved by permit between January 1999 and May 2001. • 7 PARSONS Parsons Harland Bartholomew 8 Associates, Inc. ' A Unit of Parsons Infrastructure & Technology Group Inc. 2233 Watt Avenue, Suite 330 Sacramento, California 95825 (916) 483-0481 Fax (916) 483-3364 httpa/www.oarsons.com -_.-- °- - - .--.._._- _ MEMORANDUM To: Thomas Sullivan, AICP Community Development Director - City of Saratoga From: Jeff Goldman - -- Date: 7-11-01 Subject: Housing Element/Joint Study Session Second Units Many communities have included programs in their housing elements to promote the construction and/or legalization of second units to contribute toward new housing construction objectives. A second unit program is especially important in communities that are nearly built out or have environmental constraints to accommodating significant numbers of new housing units at higher densities to meet low-income housing needs. Both conditions are present in Saratoga, so a realistic second unit program could be part of the City's overall housing strategy to comply with state law. To make a substantial contribution to meeting the City's RHND allocation, second unit requirements should not be so restrictive so as to make this option unavailable to most single-family property owners. In its review of housing elements, HCD has stated that it will not consider the contribution of second units toward meeting a locality's future housing needs if the requirements for approval are overly restrictive. In addition, HCD has also stated that the local jurisdiction should document its efforts, or propose specific actions, to promote second units as a housing option. The Housing Element should document, therefore, that second units are a feasible option and have some basis for estimating the number of such units that could be approved through June of 2006. For these reasons, Program 1.1 proposes to ease some of the City's current second unit requirements, specifically on age of occupants, minimum lot size, and the number of second units that can be approved annually. Staff proposes a conservative estimate that 25 second units will be approved and legalized through an amnesty program. Mixed Use Zones Saratoga must show that it can accommodate at least .111 additional dwelling units at densities appropriate for the construction of very low- and low-income housing and 108 units of moderate- income housing through June of 2006. Residential densities to support such housing must be substantially higher than currently allowed in single-family zones. Therefore, only sites permitting multifamily uses will be able to accommodate the City's RHND allocation for low- and moderate- income housing With the exception of the Odd Fellows property, there are few residential sites in the City that could support the level of density needed to accommodate low- or moderate-income housing, however. PARSONS Parsons Harland Bartholomew 8 Associates, Inc. _: A Unit of Parsons Infrastructure 8 Technology Group Inc. 2233 Watt Avenue, Suite 330 Sacramento, California 95825 (916) 483-0481 Fax (916) 483-3364 http://www.parsons. com State law (California Government Code, section 65583[c][1]) requires that a housing element identify adequate sites that will be made available through appropriate zoning and development standards for a variety of housing types meet the community's housing goals. Where the inventory of sites. does not identify adequate sites to accommodate the need for groups of all household income levels the City Housing Element must contain a program to show how the City will provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low and low-income households. Some communities with conditions similar to Saratoga have successfully used residential- commercial mixed-use programs to show how adequate sites will be made available at suitable densities to meet low- and moderate-income housing needs. Under amixed-use strategy, residential projects are permitted in specified commercial zones, either independently or in conjunction with commercial development, at sufficiently high densities to meet the "adequate sites" provision of state law. There are two approaches to a mixed-use strategy: 1) designate specific commercial zones or sites on which residential uses are permitted with appropriate development standards, and 2) designate amixed-use or residential overlay zone, with separate development standards, that can be applied to commercial zones throughout the jurisdiction. Program 1.2 proposes that the City designate commercially-zoned sites suitable for mixed-use development. This program can easily be modified, however, to create amixed-use or residential overlay zone applicable to all commercial areas. The benefit of the latter option is that it does not commit the City to designating specific sites in advance of a development proposal as being appropriate for mixed-use projects. To receive favorable review by HCD, however, the use of the overlay zone option must be accompanied by documentation in the Housing Element that demonstrates: 1. the specific locations in the community where the overlay could apply, 2. realistic residential densities that could be achieved in support of affordable housing development, and 3. an estimate of the number of dwelling units that can realistically be accommodated through an overlay option. Draft Distribution of Housing Units Income Groups RHND 1 2 3 4 5 6 7 8 ~T Very Low Income 75 25 25 25 75 Low Income 36 10 26 36 Moderate Income 108 108 108 Above Moderate Income 320 161 17 142 320 Total 539 161 10 125 25 25 51 142 539 Housing Programs: ~ . 1. Dwelling having received building Permits between 01/01/99 and OS/O1/O1 2. Odd Fellow Phase 1 units with Kitchens 3. Odd Fellows Phase 2 4. Amnesty Program for 2°d Units PARSONS Parsons Harland Bartholomew & Associates, Inc.'.; A Unit of Parsons Infrastructure & Technology Group Inc. 2233 Watt Avenue, Suite 330 Sacramento, California 95825 (916) 483-0481 Fax (916) 483-3364 http:!/www.parsons.com 5. New 2nd Umts 6. Mixed Use Throughout All Commercial Districts 7. Individually Identified Parcels for Below Market Rate Housing 8. Infill and Small Land Divisions for next Five Years Compliance with State Requirements for Homeless & Other Special Needs Groups The City's Zoning Code does not explicitly permit homeless shelters, transitional housing, and related supportive services facilities. State law (California Government Code, section 65583[c][1]) requires that the Housing Element contain an identification of adequate sites for a variety of housing for all income levels, including sites for emergency shelters and transitional housing, to meet the City's housing goals. If the Housing Element does not identify adequate sites, the document must include a program addressing the availability of sites for the targeted special needs group. HCD has interpreted this state mandate to mean that, at a minimum, the Housing Element must identify zoning districts and conditions under which homeless facilities and transitional housing will be permitted, or include a program to amend the local zoning code to so specify. HCD's position has been that, even if no current or future need for such facilities has been documented in the community, the Housing Element must still identify where such uses would be allowed should a need arise and a request for such facilities be submitted to the local jurisdiction. To address the state requirements and HCD's interpretation, Program 5.2 has been proposed to amend the City's Zoning Code to specify the zones and conditions under which homeless, transitional housing, and supportive services would be permitted. • THE CITY OF SAR.ATOGA 2000 Housing Element Housing March 16, 2001 Needs Assessment Report DRAFT CITY OF SARATOGA HOUSING NEED ASSESSMENT REPORT TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................. II , INTRODUCTION ............. ,.........................................................................1 Major Findings .........................................................:............................................:..........2 HOUSING NEEDS ASSESSMENT ...............................................................4 Population Characteristics ........................................... Population ................................................................ Ethnicity .................................................................... Age ........................................................................... Households .............................................................. Income Characteristics ............................................... Poverty ..................................................................... Employment Trends ................................................... Regional Housing Needs Assessment (RHNA) .............. Saratoga Housing Profile ............................................ Housing Occupancy and Tenure ............................. Housing Costs .......................................................... Rental Rates ................................................~. Home Prices .................................................. Lower Income Households Overpaying ................... Affordability Trends .................................................. Rental Housing .............................................. For Sale Housing ............................................, Housing RehabiliCation and Replacement Needs .... Special Needs ............................................................, Elderly ...................................................................... Large Families .......................................................... Overcrowded Households ........................................ Disabled Citizens ..................................................... Families with Female Heads of Households............ Farm Workers .......................................................... Homeless ................................................................. Agencies Offering Homeless Assistance ................. County Housing Programs ....................................... City Housing Programs ............................................ Assisted Housing Projects and Programs ...................... Units Eligible for Conversion ..................................... .....................................................4 ......................................................... 4 ......................................................... 4 ......................................................... 5 ......................................................... 6 ..................................................... 7 .......................................................10 ...................................................12 ...................................................15 ...................................................16 .......................................................18 ....................................................... 21 ................................................... 21 ................................................... 22 ....................................................... 24 ....................................................... 25 ................................................... 25 ................................................... 26 ....................................................... 27 ................................................... 28 ....................................................... 29 ....................................................... 31 ....................................................... 31 ....................................................... 32 ....................................................... 33 ....................................................... 33 ..................................:.................... 33 ....................................................... 34 ....................................................... 35 ....................................................... 36 .................................................. 37 ............................................:......... 38 RESOURCES AND POTENTIAL GROWTH AREAS ....................................39 Development Patterns and Philosophy ..............................................................................39 Vacant Land .................................................................................................................39 Residential Zoning Districts ..............................................................................................40 Hillside Conservation Single-Family .............................................:................................... 40 Very Low Density Single Family ....................................................................................... 40 Low Density Single Family ................................................................................................40 Medium Density Single Family ..........................................................................................40 • Luc r ~ ~, soon ~~ DRAFT CITY OF SARATOGA HOUSING NEED ASSESSMENT REPORT • • Multi-Family Residential ....................................................................................................40 P-D (Planned Development) Residential ..........................................................................40 P-D (Planned Development) Mixed ..................................................................................41 Commercial Districts that Can Accommodate Affordable Housing .......................................42 Financial Resources .........................................................................................................42 Historically Significant Housing Stock ................................................................................42 Available Public Facilities and Services, Infrastructure ........................................................43 CONSTRAINTS .......................................................................................44 Non-governmental Constraints..........~ ........................... Availability of Financing .............................................. Rental Availability ...........................................:........... Land Costs ................................................................. Construction and Labor Costs ................................... Available Senior Housing ........................................... Governmental Constraints ............................................ Hillside Development ................................................. Maintaining Public Open Space ......................... Seismic Safety ................................................. Development Costs .......................................... Land Use Controls ..................................................... Single Family Residential .................................. Hillside Residential and Residential Open Space [ Planned Community ......................................... Infrastructure and Roads/Traffic ................................ Neighborhood Character ............................................ Building and Fire Codes ............................................. Enforcement ............................................................... Processing and Permit Procedures ........................... Fees and Exactions ..:............................................. On and Off-site Improvement Requirements ............. ........................................:........ 44 ..................................................... 44 ..................................................... 44 .................:................................... 44 ..................................................... 44 ..................................................... 45 ................................................. 45 ................................:.................... 45 ................................................. 46 ................................................. 46 ................................................. 46 ..................................................... 46 ................................................. 46 istricts .......................................47 ................................................. 47 ..................................................... 52 ..................................................... 52 ..................................................... 52 ..................................................... 52 ..................................................... 53 ..................................................... 53 ..................................................... 55 ENERGY CONSERVATION OPPORTUNITIES ..........................................56 State Building Code Standards ......................................................................................... 57 FIGURES Figure 1 Comparison of Race by City, County, and State Population ................................5 Figure 2 Age Distribution (percent) ..................................................................................... 6 Figure 3 Average Household Sizes (2000) ......................................................................... 7 Figure 4 Income Dostribution Scale .................................................................................... 8 Figure 5 1989 Income Distribution ...................................................................................... 9 TABLES Table 1 1990 Household Income ................................... Table 2 1989 Household Income per Income Category Table 3 Income Limits (2000) ........................................ Table 4 Poverty Thresholds (1999) ................................ Table 5 Poverty Rates .................................................... .................................................... 8 .................................................. 9 ..................................................10 ..................................................10 ..................................................11 JULY 11, 2001 1I1 DRAFT CITY OF SARATOGA HOUSING NEED ASSESSMENT REPORT Table 6 Occupational Employment and Wage Data:for Santa Clara County 1998..........15 Table 7 Educational Attainment ................................................................................... .....15 Table 8 Regional Housing Needs Determination ......................................................... .....16 Table 9 Housing Estimates for the City of Saratoga (1990 through 2000) .................. ..... 17 Table 10 Housing Estimates for Santa Clara County (1990 through 2000) ................ .....18 Table 11 Type of Vacant Units in Saratoga (1990) ...........................................................19 Table 12 Tenure by Race and Hispanic Origin (1990) ................................................ .....19 Table 13 Homeownership Rates .................................................................................. .....20 Table 14 Tenure by Age of Householder (1990) ....:......................................................... 21 Table 15 Rental Rates in Saratoga (2000) .......................:....................................~......:.... 22 Table 16 Home Prices in Saratoga (2000) ........................................................................23 Table 17 Comparative Median Home Prices (1999 - 2000) ........................................ ..... 24 Table 18 Number of Households Paying Over 30 Percent of Income on Housing ...... .... 24 Table 19 Housing Expenditure Rate per Income Group ............................................... ....25 Table 20 Affordability of Rental Housing in Relation to Income 1990 .......................... .... 26 Table 21 Sold Units Affordable to Lower-Income Households (1999) .......................... .... 27 Table 22 Age of Saratoga's Housing Stock ...................................................................... 28 Table 23 Pattern of Aging of the Saratoga Population ..................................................... 29 Table 24 Fair Market Rents for Existing Housing in Santa Clara County ......................... 35 Table 25 City of Saratoga Human Services and CDBG Proposals .............................. .... 37 Table 26 Vacant and Partially Developed Lands in Saratoga by Zoning District 2000 .............................................................................................................................. .... 41 Table 27 Saratoga Zoning Code Requirements with Allowable Residential Development ................................................................................................................. ...... 8 Table 28 City of Saratoga Development Fee Table ...................................................... ...... 3 • JULY 11, 2001 IV DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT ~ INTRODUCTION The Housing Element is one of seven state-mandated elements of the General Plan. The Housing Element contains a comprehensive list of information regarding housing needs and the existing housing stock as presented in the Housing Needs Assessment. Section 65583(a) of the Housing Element Law states that the housing element must contain an "analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition." The Housing Needs Assessment fulfills this requirement. The Housing Needs Assessment provides background information on the housing needs and. conditions in the City in order to prepare goals and policies that will adequately meet the needs of the community. The 2000 Census results have just begun to be released and will continue to be disseminated through 2002. As information becomes available, it will be incorporated into the City's Housing Element. It is likely that the basic thrust of this report will not change a result of new data, but the order of magnitude of the problems and relative needs will probably shift. As such, this report should be considered a work in progress. The data presented in the Housing Needs Assessment will not only guide the development of housing goals and policies, but will also be integrated into the body of the Housing Element to present the current status of housing and housing related issues in Saratoga. This assessment is organized into four data sections. The first section focuses on demographic information such as population size, ethnicity, age, household type, income, employment, housing characteristics, and general housing needs by income, and special housing needs for specialized segments of the population. This first section basically outlines the characteristics of the community, and identifies those characteristics that may have significant impacts on housing need in the community. The second section identifies the City's resources, the historic development pattern and areas of housing opportunity in the community. It also identifies special housing and other resources that are characteristic of the City and provide opportunity and potential constraints to housing growth and maintenance ~in Saratoga. The next section discusses the governmental and non-governmental constraints to housing development in the City. The City has building standards that can limit the amount or location of housing in certain areas or can result in fees that make certain types of housing infeasible. In addition, there are environmental constraints that cause housing limitations. Non-governmental constraints such as the housing market, financing, and construction costs also limit housing growth in Saratoga. The final section of the Needs Assessment discusses opportunities for energy conservation, which can reduce homeowner costs and infrastructure costs to the City. With a reduction in basic living costs through energy savings, more households will; be better able to afford adequate housing. Combined, these sections provide an analysis and documentation of the community's characteristics and needs, and identifies potential constraints to meeting the community's needs adequately. MARCH 19,2001 1 • DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT MAJOR-FHVDINGS - - - - • The affordability of housing ~in Saratoga_has been an issue of concern for at least the past 20 years, but +.he magnitude of the problem has become especially critical over the past decade. Those at _ the lowest-end of the income spectrum are experiencing the greatest financial distress as a result. • The problem of housing affordability does not affect Saratoga alone, but is- a . regional problem, especially evident throughout Santa Clara County. . • Low-income renters and homeowners, and low- and moderate-income homebuyers, have been especially hard-hit by rising housing costs. • Twenty years ago or more, the lack of housing affordability affected primarily seniors on fixed incomes and families living on entry-level wages or public assistance. Since that that time, the problem of housing affordability has spread to virtually all but the highest income levels in Santa Clara County. It affects the ability of most governmental agencies to attract qualified, essential workers such as teachers and emergency service personnel. It also affects the ability of most entry and mid-level professionals in both public and private employment to locate suitable housing. • Most seniors on limited incomes, even those with substantial equities in their homes, are experiencing difficulty locating suitable housing that meets their physical needs without leaving the community. Aside from cost and income considerations, there are insufficient choices, locally, for various types of senior housing. • Saratoga will experience some employment growth over the next decade, primarily in retail and services. Most workers in these industries will have low- or moderate-incomes and will be unable to find affordable housing in the area. Few of the current workers in these industries are able to live in the City or nearby. • Most of the remaining land available for development is located in hillside areas with limited development capacity to accommodate higher density housing that might be affordable to low- or moderate-income households. A few sites remain that may be suitable for higher density housing, infill, or mixed-use developments. The potential to accommodate affordable housing will remain limited, however, unless existing land uses are re-designated for more intense use. By itself, however, redesignation is unlikely to have a significant impact on the supply of affordable housing because of such limiting factors as slope and geology, cost of land, lack of utilities and infrastructure, cost of preparation of land for development, and impact on established surrounding neighborhoods. • As a result of the rapid increase in higher paying jobs availability of living accommodations in the region, the ~ demand-driven free market has risen to accommodate segments of the population. Not only has this created MARCH 19,2001 having outpaced the post of shelter in this the highest income a larger number of 2 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT households for whom housing has become less affordable, but it has also widened the gap between the price of shelter and what it would cost to close the affordability gap. Coupled with the lack of an abundance of easily developable land in the region, the practical opportunities to meet all the affordable housing needs are severely constrained. Therefore, a meaningful housing strategy will require that there be a realistic assessment of the availability of programs and fiscal resources and a careful prioritization of the needs that are to be met. • • MARCH 19,2001 3 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT HOUSING NEEDS ASSESSMENT ~ POPULATION CHARACTERISTICS Population Sazatoga has not experienced subst~ntial_ population. growth for'several decades, that is, by 1979 the City had allowed development of most of the vacant in the City. Most population changes that have occurred since 1980 are due largely to changes in households inhabiting existing dwellings. Because Saratoga is nearly built out, except for hillside areas, there has been little newly constructed housing over the past 20 years. Changes in household composition related to age and the percentage of households with children have had a greater influence on Saratoga's population than growth from new development. The City's population gradually increased between 1970 and 1980 and peaked about 1980, when the U.S. Census recorded 29,261 residents. Between 1980 and 1990, the number of residents began to gradually decline, to 28,061. This decline resulted from a combination of little new residential development and a decrease in the number of families with children. Since 1990, the City's population has increased about eleven percent, slightly less than the growth rate (15 percent) for Santa Claza County overall. According to the California Department of Finance (DOF), the City's population was 31,300 as of January 1, 2000. City projections show a continual increase in the City's population to 2020 with an estimated increase of ten percent (Association of Bay Area Government 2000 Projections). Most of this increase appears to be related to changes in household composition-the number of households with children has increased in the community since 1990. Ethnicity In 2000, the relative proportions of the various ethnic groups in Saratoga varied significantly from those of other cities in Santa Clara County or as the state as a whole. While persons of Hispanic origin comprise about one-fifth of the countywide population and over one-fourth of the statewide population, such individuals comprise three percent of the City's population. Similarly, Blacks and other minority groups representing large segments of the countywide and statewide populations consist of less than one percent of the city's population. Asian and Pacific Islanders comprise twenty-nine percent of the Saratoga's population, close to the population within Santa Clara County and about eighteen percent. higher than the statewide population. Figure 1 compares ethnicity on a citywide, countywide, and statewide basis. • MARCH 19,2001 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Figure 1 Comparison of Race by City, County, and State Population ao°i° ~ r ?~'~ -~ - ~"' :~- ~'' ~ s',: r ' y i White ~ ~ T _ ~ y ~ :. d :: ,, 60% ,..w ~hc~ >1,~~« ~ ,,~~~ . ~` ~ ~a~ ~ ~ Black ~ - ~..~~..~~,,~ ,s 'vM~ i'C .~ ~;. ~ r~x» ~ ~ ~ 1~ `, t ,~~ _,i 1^T~ , I ~ ' C*'il ' 50% ; _ ~ ~t '~ ~~f -~ ~ ~ ~~ i i ~ Native Amer 40% , ,~ S± 3f ~~~ ~~' .k~* t ~ r- ~h~ ACS ;FG ~. ~ r - 3 - ~ '~ ti /Pac Is A i ~ ,sue ,~ ,r , ~ t z~ k4 ,~;~ an ® s ~ ~ _ ~ 2a 20% ~ " ~ r More Races T ~ 10% k'.' z~jF "s.n~ I ,,, .~ . ~ .., . F wo o ~ . : :~;k' g - anic or Latino ' His .3 ,~, .,..,. __ ® p 0% (of any race)' C~ Saratoga Santa Clara County California ~ Source: 1990 Census *Population of Hispanic origin is not a racial category and is included as a percentage of the other population groups. Age The age distribution in Saratoga is similar to the population of Santa Clara County as a whole, with a slightly higher number of seniors living in the City and a slightly lower number of children. The percentage of City residents 65 years of age or more increased in Saratoga from eight percent in 1980 to thirteen percent in 1990. As a result, the City's median age is higher than in many neighboring communities, the county, and the state. However since 1990, Saratoga has experienced an eleven percent increase in population primarily related to changes in household size and composition. Enrollment statistics from the seven schools that serve Saratoga suggest that the number of households with school age children has slightly increased since 1990, with a more substantial increase in recent years. The recent increase in school-aged children is due to the re-sales of homes formerly occupied by older adults to families with young children (Saratoga News April 2000). The school districts serving Saratoga reported that about 4,440 Saratoga residents were enrolled in individual districts for the 1999-2000 school year. Families with children under age five has also increased since 1990; however the percentage of the population less than 17 years of age is five percent less than the county and state population. The number of Saratoga residents in the 18-64 year old age bracket is quite similar to the county and state population. MARCH 19,2001 5 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Age Distribution (percent) I~ 0-18 ^ 18-64 D 65+ Source: 1990 Census Households Because of the larger percentage of seniors, non-families, and family households without children in Saratoga, the average household size in 1990 was substantially below the countywide and statewide levels for the same period. At time of the 1990 Census, over fifty percent (51 percent) of all households consisted of one or two individuals. The large number of non-family households and childless couples further illustrate the reasons for the smaller average household size in Saratoga. Saratoga has seen a gradual increase in household size since 1990, increasing from 2.7 to 2.9 over the 10-year period. Figure 3 compares average household sizes in Saratoga, Santa Clara County, and California for 2000. DOF household figures for 20x0 show that the average household size in Saratoga is now only slightly less than Santa Clara County and is similar to the average statewide household size. • MARCH 19,2001 B Saratoga Santa Clara County California DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Figure 3 ®Ave HH Size Average Household Sizes (2000) • • Source: California Department of Finance Of the 8,365 families reported in Saratoga in 1990, over ninety percent were married- couple families. About one-third (39 percent) of these families had children under 18 living with them and 61 percent did not. Of the 8,365 families, about nine percent were single-parent households, two-thirds of which were single mothers. The proportion of single-parent households in Saratoga was below both the countywide (20 percent) and statewide levels (22 percent). INCOME CHARACTERISTICS According to the 1990 census, the median household income in Saratoga was $86,674. This was above the county median of $48,115. Federal income guidelines for participation in various housing subsidy programs (Department of Housing and Urban Development), is based on the size of a household's income relative to the median income for the area. For a family of four, the median income was estimated to be $87,000 in Santa Clara County in 2000. The federal government does not provide income guidelines or estimates for individual cities. In evaluating income levels, four standard measures are often used: "very low-income," "low-income," "moderate-income," and "above moderate-income." These income levels are expressed as a percentage of the median income (the mid-point at which half of all households earn more and half earn less) and are usually adjusted for household size. Thus, a "low-income" household of four has a higher income than a "low-income" household of two. Low-income limits for households in 2000 are shown in Table 3. An income below $39,850 for a single person was considered low-income according to HUD. An income of $75,200 for aneight-person household was also considered low- income. MARCH 19,2001 Saratoga Santa Clara County California DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • 1990 Saratoga Household Income Income Percent of Households Number of Households Less than $10,000 3% ~ 318 . $10,000 - $19,999 3:3% 337 $20,000 - $29,999 - 4.1% 416 $30,000 - 39,999 5.9% 929 $40,000 - $49,999 6.6% 671 $50,000 - $59,999 6.5% 661 $60,000 - $74,999 10.8% 1099 $75,000 - $99,999 17.6% 1786 $100,000 - $124,999 15.9% 1616 $125,000 - $149,000 8.4% 851 $150,000 or more 17.7% 1797 ' Source: 1990 Census INCOME DEFINITIONS (1990): Very low-income = 50% or less of the Santa Clara County median income ($24,057). Low-income = 51 % to 80% of the Santa Clara County median income ($24,439 - $38,492). Moderate-income = 81 % to 120% of the Santa Clara median income ($38,973 - $57,738). Above Moderate-Income = 121 % or more of the Santa Clara County median income ($58,219) Income Distribution Scale 2096 4096 4096 MEDIAN LOl+1t MODI;RAT£ INCOME Source: Parsons In a normally distributed population (that is, one not skewed to either end of the income scale), approximately 40 percent of the population will have incomes within the very MARCH 19, 2001 8 • DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT low- and low-income ranges, about 20 percent within the moderate-income range, and about 40 percent in the above moderate-income range (Figure 4) a substantial dispersion of income within the City around the median, as shown in Table 1. Still, over three- fourths of Saratoga residents earned above moderate incomes in 1990 as defined below. Saratoga has a larger relative percentage of above moderate-income households and a smaller percentage of low-income households in relation to the countywide income distribution. Table 2 shows the number of households iri each income group in 1990. Figure 4 shows that slightly over three quarters (77 percent) of Saratoga residents had above moderate incomes in 1990, while only one-sixth (16 percent) had very low or low incomes. Although there has been no citywide census update since 1990, economic trends, such as rising home prices, suggest that households who have moved to Saratoga since 1990 have higher average incomes than long-term residents. If the 2000 Census confirms this hypothesis, then the gap between countywide incomes and incomes among Saratoga residents has widened further, as the gap between city and county housing prices has increased (Housing prices are discussed on page 21). . ~ Table 2 1989 Saratoga Household Income Range by Income Category Income Category Income Range Percentage of Households # of Households (roughly) Very Low Income $0-$24,058 8% 848 Low Income $24,059-$38,492 8% 819 Moderate Income $38,493-$57,738 7% 671 Above Moderate Income $57,739+ 77% 7810 Median Income: $86,674 Source: 1990 Census 1989 Saratoga Income Distribution • O Very Low ®Low ®Moderate O Abv Mod MARCH 19,2001 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Source: 1990 Census HCJD income limit azeas are the same as Fair Market Rent azeas. HUD normally uses current Office of Management and Budget (OMB) Metropolitan Statistical Area (MSA) and Primary Metropolitan Statistical Area (PMSA) definitions to define income limits areas because they closely correspond to housing mazket azea definitions. The median income level for afour-person household was approximately $87,000. Santa Clara County Income Limits (2000) Household Size Extremely Low Income (30% of Median) Very Low Income (50% of Median) Low Income (80% of Median) 1 Person $18,270 $30,450 $48,720 2 Persons $20,880 $34,800 $55,680 3 Persons $23,500 $39,150 $62,650 . 4 Persons $26,100 $43,500 $69,600 5 Persons $28,200 $47,000 $75,150 6 Persons $30,300 $SG,450 $80,700 7 Persons $32,350 $53,950 $86,320 8 Persons 1 $34,450 $57,400 $91,900 Source: HUD 2000 Income Guidelines. Poverty The poverty rate is a federally defined level of income for minimum subsistence. The. dollar threshold for poverty is adjusted forrousehold size and composition. In 1989, less than two percent of the population was living below the poverty level, which is a small percent compared to neighboring cities in the region. Of the individuals in households with incomes below the poverty level, 30 percent were senior citizens, 59 percent were adults between the ages of 18 and 64, and 11 percent were children under the age of 17.Table 4 provides 1995 poverty thresholds for several types of households: `~' Table 4 Poverty Thresholds (1999) Single Person 65+ $7,990 Two Adults, One Child $13,410 Single Person Under 65 $8,667 One Adult, Three Children $16,954 Two Persons 65+ $10,070 Two Adults, Two Children $16,895 Two Persons Under 65 $11,156 One Adult, Four Children $19,578 ., ,~ • • MARCH 19,2001 10 GRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT One .Adult, Two Children $13,423 Two Adults, Three Children $19,882 Source: U. S. Census Bureau According to 1990 Census data, less than two percent of the City's population had incomes below the federally defined poverty level. Groups most likely to have poverty level incomes were married couples without children and the elderly. Of those below the poverty level,. 77 percent. were White, 18 percent were Black and Asian/Pacific Islander, and 11 percent were of Hispanic origin. The racial composition of people below the poverty level is similar to the racial composition of the City as a whole, as higher proportions of Whites are impoverished. The highest number of impoverished Whites; Asian/F'acific Islanders, and Others were adults age 18 to 64. The highest numbers of impoverished Blacks Americans were age 75 and older. By corr~parison, slightly less than eight percent of the County's population was below the poverty level. About 50 percent of the impoverished were White, compared to a total White population of 58 percent. Native Americans, Blacks, and Hispanic origins compri;red about the same percentages of impoverished individuals as their representation in the total population (less than one percent, six percent, 18 percent respectively). Althoul;h Asian/Pacific Islanders comprised 17 percent of the total population, they represented 23 percent of the impoverished. Census data for the State revealed that approximately 18 percent of the total population was below the poverty level in 1990, although statewide poverty levels have declined substantially over the past two years. Even so, the City's poverty rate is still less than one-fifth of the statewide rate. ~ :`~~ ~' Table 5 Saratoga 1990 Poverty Rates • Group Above Poverty Level Below Poverty Level Poverty Rate Elderly 3250 105 3% Non-Elderly 25,570 292 1 (~hildren 5,650 48 1% Adults 18,345 244 1 Single Mother Families 461 8 2% Single ]gather Families 213 0 0 Married Couple ]?amities 7,648 35 0.5% Black 78 14 18% Asian/1'acific Islander 4,144 62 1.5% Hispanic 216 44 20% Nati~~e American 22 0 0 Other 41 0 0 MARCH 19,2001 11 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT White 22,904 308 - 1.3% Total Population 27,642 397 1.5% Total Households 10,148 159 1.6% Source: 1990 Census Bureau Data. EMPLOYMENT TRENDS According to the California Employment Development Department (EDD), the City of Saratoga had a 1.2 percent unemployment rate in September 2000, which is about 200 persons of a total labor force of 17,520 people. The unemployment rate for the City is lower than the countywide rate but reflects the general statewide trend of dramatically lower unemployment since the eazly 1990s. In 1990, the City had an unemployment rate of 2.4 percent, compared to the County's unemployment rate of three percent. The unemployment rate in Saratoga has been low historically in comparison to other azeas of the County and the rest of the United States. Even during the eazly 1990s at the depth of California's recession, unemployment in Sazatoga was relatively low (2.4 percent). Now, the labor force is rising (14,800 in 1990 compared to 17,520 in 2000). • The 1990 Census data shows that most residents were employed in managerial and professional specialty occupations (58 percent of employed residents). This is a very high percent compared to most communities in California and explains the substantially higher incomes in the City. Other common occupations included sales occupations (13. percent) and administrative support (12 percent). The census data shows that over 90 percent of the employed residents work within Santa Claza County; how€,ver, only about 1 S percent of these employees worked in Saratoga. A majority of residents travel over twenty minutes to work, with over 65 percent having to travel at least 20 minutes to work. One measure of local retail employment is the amount of retail sales activity. Figures from the Board of Equalization show that taxable ;sales in Saratoga are low compared to most other cities in Santa Claza County. In 1997, taxable retail sales in Saratoga totaled $13,750 per capita, while all taxable sales totaled $18,578 per capita. In 1998, per capita taxable retail sales rose to $15,495 while total taxable sales increased to $19,297. In 1999, per capita taxable retail, sales decreased to $14,993 and total taxable sales decreased to $18,652. The Association of Bay Area Govennments projf;ctions for Sazatoga's show a steady increase in the number of jobs in Saratoga from 1995 to 2020, with the number of jobs increasing from 7,270 to 10,480. According to th.e 1997 Economic Census, there were 2,830 annual payroll employees in Sazatoga, 40 percent were employed in retail trade and accommodation and foodservice. Health care and social assistance employed 14 percent of the population. Association of Bay Area Governments (ABAG) projected that the labor mazket in 2000 is made up of 55 percent service workers, 24 percent "other" employees, 15 percent retail employees, four percent manufacturing/wholesale and two percent agriculturaUmining. MARCH 19,2001 12 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Jobs available in the City of Saratoga, the jobs. held by city .residents, whether located in the City or elsewhere, are affected by regional trends. The State Employment Development Department 1999 annual average statistics show the civilian labor force for Santa Clara County to be 962,800, with an unemployment rate of three percent. This is significantly lower than the state's unemployment rate of just over five percent. Santa Clara County enjoys one of the lowest unemployment rates in California, but at the expense of upward pressure on housing costs. According to the State Employment Development Department 1995-2002 projections data for Santa Clara County, the largest industries in the County are services (46 percent growth), retail (24 percent growth), and manufacturing (9 percent growth). The business services sector is expected to account for the largest growth, with more than 80,000 new jobs. The fastest growing occupations in the County between 1995 and 2002 are expected to be computer system analysts/electronic data processor (95 percent), home health care workers (86 percent), computer engineers (68 percent growth), amusement/recreation attendants (68 percent), computer support specialists (58 percent), and database administrators (56 percent). Occupations that have large employment and have high turnover rates generally provide the most job openings. Santa Clara County is projected to have employment opportunities not only in these high turnover occupations but also in the more technologically advanced categories. Despite projections for strong job prospects and regionally available high-paying jobs for City residents, many, if not most, of the jobs expected to be created in Saratoga will continue to be in services and retail industries that typically employ low- and moderate- income wage earners. In addition, the demand for services of all kinds will remain strong. For these reasons, Saratoga will continue to experience a local demand for housing affordable to these income groups. The large number of high paying jobs in the region in recent years has created an upward pressure on housing costs that has left behind other wage earl~ers who have not shared in the newfound wealth. The result is that households previously considered middle class, such as teachers and public safety personnel have joined the ranks of other disadvantaged groups in need of affordable housing. According to the 1998 Occupational Employment Statistics Survey produced by the CA Employment Development Department, the mean hourly wage for Santa Clara County is $19.42. Some of the major Employers listed for Santa Clara County include 3 Com Corp, Apple Computers, Cisco Systems Iric., Hewlett-Packard Co. and Intel Corp. The CA Employment Development Department (EDD) produced an Occupational Employment and Wage Data spreadsheet by County for 1998. This spreadsheet lists over 600 jobs in Santa Clara County alone. A sample of jobs and salaries was taken relating to necessary serves in Saratoga. The mean annual wage, and the 25`'' percentile and 75`h percentile of the working force for each job category are listed below (Table 6). • MARCH 19, 2001 13 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Table 6 Occupational Employment and Wage Data for Santa Clara County 1998 . Occupational Title__ Employment Estimates -Mea'n Annual Wage 25"' Percentile Annual Wage -~ ~ 75n' Percentile Annual Wage Urban and Regional Planners 4 $52,420 $38,230 $70,283 Social Workers, Medical and Psychiatric 1,160 $37,8'70 $24,315 $47,736 Human Service Workers 1,330 $27,1.40 $18,450 $32,385 Teachers (Preschool) 2,320 $22,0'70 $18,782 $24,211 Teachers (Kindergarten) 1,170 $39,91)0 Teachers (Elementary School) 8,200 $46,8110 Teachers (Secondary School) 7,560 $50,1:10 Teachers (Special Education) 1,690 $49,910 Teachers and Instructors, Vocational Education and Training 1,280 $34,7!)0 $22,589 $41,392 Librarians, Professional 670 $49,1~~0 $37,440 $65,208 Technical Assistants, Library 370 $27,7x0 $22,776 $30,451 Vocational and Educational Counselors 740 $48,0:?0 $31,844 $70,283 Teachers Aides, Paraprofessional 4,070 $20,G~i0 $13,832 $24,689 Emergency Medical Technicians 420 $25,Sb0 $20,404 $29,681 _ Pharmacists 1,040 $64,3'10 $61,027 $82,180 Municipal Clerks Not Available $57,3:30 $48,526 $75,899 Receptionists and Information Clerks 10,740 $23,6:0 $18,366 $27,934 Fire Fighting and Prevention Supervisors 790 $61,400 $46,924 $82,492 Police and Detective Supervisors 800 $62,230 $53,913 $84,11 S Fire Fighters 2,590 $44,300 $34,985 $55,515 Police Patrol Officers 2,130 $52,400 $43,409 $69,971 Parking Enforcement Officers Not Available $31,4'10 26,353 $29,556 Bus Drivers, School 1,010 $26,3()0 $22,568 $31,075 Source: Employment Development Department * For some occupations, workers may not work full-time all yeaz-round. For these occupations it is not feasible to calculate an hourly wage. • • MARCH 19,2001 14 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Residents in Saratoga are in a strong position to fill suggested job vacancies in the county given the education attainment levels, workforce numbers, and the number of persons receiving public assistance. Table 7 shows that over four-fifths of adults (85 percent) in the City attained additional education after high school, well above the County's 64 percent. Less than five percent of adults in Saratoga had less than a high school education, compared to approximately 17 percent of adults countywide. Table 7 1990 Saratoga Educational Attainment • Educational Level City Populatio n Percent of Population County Population Percent of Population Less than 9`~ Grade 326 1% 87,215 7% 9`~ to 12u' Grade - No Diploma 994 4% 128,257 10% High School Graduate (or GED) 2,672 10% 223,671 18% Some College - No Degree 4,710 17% 273,815 22% Associate Degree 1,504 5% 91,076 7% Bachelor's Degree 12,126 44% 335,368 26% Graduate or Professional Degree 5,247 }n% 119,081 9% Source: 1990 Census Bureau Data; Educational Attainment for persons 25 years and over. Few adult, non-senior Saratoga residents receive public assistance or are not part of the labor force. In the City of Saratoga, 187 households (less than two percent) received public assistance in 1989 according to the 1990 Census. About 35,215 households (about seven percent) in the County received public assistance in 1989. REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) ABAG's methodology is based on the regional numbers supplied by the State Department of Housing and Community Development (HCD), these are "goal numbers" and are not meant to match, and often exceed, anticipated growth in housing units. A goal vacancy rate is set by (HCD), and then a housing unit need to meet that vacancy rate is derived by assessing potential growth rates (population, jobs, households) and loss of housing due to demolition. The numbers produced by HCD will be provided to ABAG in the form of a regional goal number, which is then broken into income categories. ABAG is then mandated to distribute the numbers to Bay Area jurisdictions by income categories. ABAG is responsible for allocating the Regional Housing Needs Determination (RHND) goal number to cities and counties in the Bay Area. The "Regional Housing Needs Determination," was adopted by ABAG in March 2001. This plan covers the period from January 1, 1999 through June 30 2006. Existing need is evaluated based on overpayment (30 percent or more of income) and overcrowding by MARCH 19, 2001 ~ 15 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT lower income households and the need to raise vac~ulcy rates in the jurisdiction to a level at which the State Department of Housing-and Community Development market would operate freely. The methodology used to determine the future need considered the growth in number of households expected, the need to achieve ideal vaciancy rates, the need for more housing opportunities, and compensation for anticipated demolition. An "avoidance of impaction" adjustment was applied to the prelimuxary allocation figure to avoid further - concentration of low-income units in jurisdictions that have snore than the regional average. The RHND allocation is a minimum needs number--cities and counties are free to plan for, and accommodate, a larger number of dwelling units than the allocation. The City must however use the numbers allocated under the RHND to identify measures (policies and ordinances) that are consistent with these nev~~ construction goals. While the City must also show how it will accommodate for these units to be built, it is not obligated to build any of the units itself or finance their construction. According to the RHND, the City of Saratoga has a total housing construction need of 538 units and. an annual need of 72 units. Table 8 Shows Saratoga's 1999-2006 planning period allocation. Table 8 ~ ~ Regional Housing Needs Determination (2000) Dwelling tinits % of Total Income Level 75 14% Very Low Income 36 7% Low Income 108 20% Moderate Income 320 59% Above Moderate Income Sources: ABAG 1!)99-2006 Regional Housing Needs Determination, Parsons. SARATOGA HOUSING PROFILE According to the California Department of Finance, approximately 278 housing units were vacant in 2000, a vacancy rate of 2.6 percent. By comparison, the countywide vacancy rate was 3.8 percent. The proportion of different types of housing countywide remained constant between 1990 and 1999-fifty-six percent single detached houses, twenty-five percent multiples of five or more units, nine percent single attached houses, eight percent multiples of two to four units, and four percent mobile homes. Over four- fifths of the City's housing units were single funily detached homes (90 percent), followed by multiple units of five or more (4 perce:nt), multiple units ~of two to four (two percent), single-family attached units (one percent);, and far less than one percent mobile homes. Countywide, there is a substantially ~hil;her percentage of housing units in MARCH 19,2001 16 DRAFT CITY Of SARATOGA HOUSING NEEDS ASSESSMENT multifamily buildings of five or more units and a substantially lower percentage of single-family homes than in Saratoga. Annual changes in the housing stock were small between 1990 and 2000 due to the low level of new construction activity. In 1991, 12 multiple housing units were added to the housing stock and in 1992, three more multiple units were constructed. Most new residential construction comprised single-family homes, with 460 houses added since 1990. Tables 9 and 10 show the -annual changes in the housing stock between January 1990 and January 2000 as determined by the California Department of Finance. Table 9 Housing Estimates for the City of Saratoga (1990 through 2000) • Housing Units Persons Year Total Single De~ched Attached Multi 2 to 4 ple 5 Plus Mobile Homes Occupied % Vacant Per Household 1990 10,315 9,214 483 148 465 S 10,050 2.6 2.7 1991 10,369 9,256 483 1 S2 473 S 10,103 2.6 2.7 1992 10,398 9,282 483 1 SS 473 S 10,131 2.6 2.7 1993 10,429 9,313 483 1S5 473 S 10,161 2.6 .2.7 1994 10,441 9,325 483 15S 473 S 10,173 2.6 2.8 1995 10.458 9,342 483 1SS 473 S 10,189 S.6 2.8 1996 10,489 9,373 483 1SS 473 S 10,219 2.6 2.9 1997 10,636 9,520 483 15S 473 S 10,362 2.6 2.9 1998 10.718 9,602 483 155 473 S 10,442 2.6 2.9 1999 10,764 9,648 483 15S 473 S 10,487 2.6 2.9 2000 10,790 9,674 483 ISS 473 5 10,512 2.6 2.9 Source: California Department of Finance, 1990-2000 City/County Population and Housing Estimates. MARCH 19,2001 17 `DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Table 10 Housing Estimates for Santa Clara County (19.90 through 2000) Housing Units Person_ s Year Total Sin Detache d ale Attache d Multiple 2 to 4 5 Plus Mobile Homes Occupie d % Vacant Per Househol d 1990 540,240 303,212 -47,668 42,096 126,338 20,926 520,180 3.7 2.8 1991 543,532 304,332 47,956 42,167 128,155 20,922 523,532 3.7 2.8 1992 547,884 305,447 48,210 42,407 130,972 20,848 527,541 3.7 2.8 1993 551,584 306,578 48,872 42,507 132,779 20,848 531,107 3.7 2:9 1994 555,429 308,364 49,060 42,699 134,628 20,678 534,729 3.7 2.9 1995 559,010 310,242 49;423 42,742 135,984 20,619 538,094 3.7 2.9 1996 562,352 312,166 49,423 43,018 137,126 20,619 541,406 3.7 2.9 1997 566,164 314,649 49,531 43,225 138,141 20,618 544,358 3.8 3.0 1998 573,593 318,463 49,725 43,594 141,193 20,618 551,516 3.8 3.0 1999 581,532 322,454 49,839 43,760 144,861 20,618 559,166 3.8 3.0 2000 589,010 325,874 50,045 44,062 148,411 20,618 566,188 3.8 3.0 Source: California Department of Finance, 1990-1999 City/County Population and Housing Estimates. Housing Occupancy and Tenure • Of the 10,790 year-round dwelling units reported by the Department of Finance, 10,512 units (97 percent) were occupied and 278 units (le:>s than three percent) were vacant in 2000. Most of the vacant units were for sale, as shown on Table 11. In 1990, more housing units were owner-occupied (89 percent) than renter-occupied (11 percent). By comparison, the tenure of occupied housing units in the County was 60 percent owner- occupied units and 41 percent for renter-occupied units. Because of the substantially lower percentage of lower-income residents in the City, most City residents face fewer financial barriers to homeownership compared to County residents. However, as prices have risen over the past 20 years, it has become impossible for low-income and most moderate-income households to purchase a home, with the exception of a small percentage of older homeowners who have substantial equity in an existing home. To afford even the least cost-home in Saratoga, slow-income household would have to possess accumulated equity in an existing home, or equivalently valued assets that could be converted to cash, of at least $400,000. Amoderate-income household would have to have accumulated assets of at least $300,000. MARCH 19,2001 18 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Type of Vacant Units in Saratoga (1990) Unit Number of Number of Percent of City Percent of Units in City Units in Vacant Units County Vacant County Units For Rent 47 10,239 L8% 51% For Sale Only 218 9,821 82% 49% Source: 1990 Census Bureau Data Analysis of tenure by ethnicity (Table 12) reveals that homeownership in Saratoga and Santa Clara County among White households far exceeds that of minority households. This disparity is largely a function of income, as minority households include a higher percentage oflower-income individuals. Tenure by Race and Hispanic Origin (1990) Race Saratoga Percent Santa Clara County Percent Owner Occupied Units White 7,759 88% 225,224 78% Black 14 0.2% 5,926 2% Native American 6 0.1% 1,057 <1% Asian,~Pacific Islander ' 1,038 11% 41,]84 14% Others 31 0.3% 19,834 4% Hispanic Origin 171 2% 13,148 5% Renter Occupied Units White 928 89% 131,173 69% Black 15 1% 11,657 6% Native American 0 0% 1,254 <1% Asian/Pacific Islander 98 9% 26,812 14% Others 0 0% 222 <1% Hispanic Origin 21 2% 19,612 10% Source: 1990 U.S. Census Bureau Data. Ownership rates shown in Table 13 reveal that there were more owners in each ethnic group than renters. However, slightly higher or equal percentages of Blacks rented than owned, suggesting that they may have difficulty becoming homeowners due to their MARCH 19,2001 19 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT - - relatively lower incomes. Native Americans had the highest rate of homeownership (but there were very few of these households in the Cite in 1990), followed by Asian/Pacific Islanders and Whites. Table 13 ~ Homeownership Rates Race -Owners Renters Ownership Rate Rental Rate White 7,759 928 89% 11 Black 14 15 48% 52% Native American 6 0 100% 0% Asian/Pacific Islander 1,038 98 91% 9% Other 0 6 0% 100% Hispanic Origin 171 21 89% 11 Source: 1990 U.S. Census Bureau Data Analysis of 1990 Census data on tenure by age of householder in Saratoga reveals adults aged 4.5 and over tended to own their housing units :rather than rent, while younger adults mostly rented rather than owned their homes. With the exception of householders under age 35, between 80% and 90% of resldents of Saratoga own thelr own homes. Even among younger households, over two-thirds own their own homes. Of all occupied housing in 1990, 94 percent were owned by persons 35 years and older: persons ages 45- ~4 owned 2,695 units or 30 percent, 2,054 units (23 percent) were owned by persons ages 55 to 64, followed by 1,906 units (21 percent) owlled by persons age 35-44, and 1,221 (13 percent) owned by persons ages 65-74 (Table 14). Adults aged 75 and older and younger adults ages 25-34 owned seven and six pf;rcent of the units respectively. Not surprisingly, less than one percent of the adults under age 24 own homes in Saratoga. C7 MARCH 19,2001 20 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Table 14 i Tenure by Age of Householder (1990) • Age City Percent . County ~ Percent Owner Occupied Un its 15 to 24 16 <1% 2,362 1% 25 to 34 502 6% 49,309 16% 35 to 44 1,906 21% 76,171 25% 45 to 54 2,695 30% 68,348 22% 55 to 64 2,054 23% 52,383 17% 65 to 74 1,221 13% 37,007 12% 75 and over 594 7% 21,744 7% Total 8988 100% 307,324 100% Renter Occupied Un its 15 to 24 27 3% 21,291 10% 25 to 34 205 19% 82,729 39°io 35 to 44 359 34% 51,615 24% 45 to 54 163 16% 23,776 11% 55 to 64 57 5% 13,288 6% 6~ to 74 69 6% 10,336 5% 75 and over 182 17% 9,821 5% Total 1,062 100% 212,856 100% Source: 1990 Census Housing Costs Rental Rates The 1990 census data shows rents were higher in the City of Saratoga than in Santa Clara County. The median rental costs in Saratoga was over $1,000 in 1990 compared to $773 in Santa Clara County. This might be caused by the fact that Santa Clara County has a diverse housing stock with more multi-family units that the City of Saratoga has. Saratoga's rental stock consists of 50 percent condominium rentals, 39 percent single- family rental, 9 percent multi-family, non-condominium rentals and 3 percent other rentals. Larger houses and higher housing costs were consistent with a population of substantially more upper-income residents in the City. MARCH 19,200? Y1 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Housing costs from 1998_to present indicate a dramatic change in the cost_of housing and the availability of housing units. Currently, renta'.l costs in Sazatoga aze similar to those through out Santa Clara County and the entire San Francisco Bay area. A recent California Budget Project Report (May 2000) co;rlfirms that rental rates faz exceed the Fair Market Rent for atwo-bedroom apartment im 1999. The Fair Mazket Rent is a rent level established by the federal government for }participation in various rental subsidy programs, but does not necessarily indicate the avi;rage mazket rents being chazged in an azea. Rents in Santa Claza County exceed the Faiir Market Rent for both one-bedroom ~ , _ and two-bedroom apartments (Department of Finallce_2000). Rental costs have increased far more than incomes throughout the county (San ;rose Mercury News September 2000). Rental stock available in Saratoga is extremely lir><Iited at any monthly rental rate. Table 15 shows the rental units listed locally for rent. Listing varies from month to month however the vacancy rate in Mazch 2001 was less than one percent. Out of 25 listings 12 were single-family homes, 8 were condominiums, rind 5 were apartments. Very few units are available at rates affordablf; to very low-income individuals or families. Rents currently average over $1,500 to ~~2,850 for aone-bedroom apartment in the Sazatoga/Santa Clara Valley and over $2,000 for atwo-bedroom apartment. A sample of housing within Saratoga revealed that the average two-bedroom home was above $2,000 per month. Rent for athree-bedroom home was $4,995 per month, while rents for four-bedroom homes were between $3,000 and $5,500 per month. • Rental Rates in Saratoga (2000) Type Studio 1 Bed 2 Bed 3 Bed 4-Bed Apartment $850 $1,500-$2,850 $2,000-$2,700 $2,745 Home $1,850 $2,000-$3,900 $4,995. $3,000-$5,500 Condominium $1,850-$2,700 $2,600 Source: Bay~Area;Com and Apamnents.Com, March 2001 Home Prices Recent trends in home prices in Saratoga and in Santa Clara County show a dramatic increase in median home prices in the area. Safes of existing homes in California in August posted a 4.7 percent increase and the :median home price rose 14 percent (California Association of Realtors September 25, 000). A notable highlight in the sales figures for California is that Sazatoga was listE:d as one of the top ten cities and communities with the highest median home prices in California during July 2000. Sazatoga's median home price for the month was $1,328,000. Saratoga also made the list of top ten cities and communities with the greatest :increase in median home price for July 2000 compared to the same period last yeaz. The (~alifornia Association of Realtors lists the median housing prices for the County as of August 2000 as $445,000. The median price increased in the County over the past year b~y almost 29 percent. Compared with California and the rest of the country, fewer households in Santa Clara County - 29 percent in 1998 -can afford to purchase the median-priced home. Housing affordability MARCH 19,2001 22 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT was actually lower in 1990 (as measured by the percentage of households that can afford the median-priced home), increased during the economic downturn of the early 1990s, but declined again in recent years. A review of approximately 380 homes sold in Saratoga during 1998 and 1999 (Dataquick 2000) clearly showed the rapid increase in home prices during the. past few years. The most expensive home sold in Saratoga during 1999 was $4.7 million, and even the least costly home was over $500,000. Table 16 lists prices of homes for sale as of March 14, 2001. The listing comes from Coldwell Banker .and Alain Pinel Realtors and Bay Area.Com. The highest percentage of homes had five or more bedrooms followed by four-bedroom homes. There were only 7 listings for multi-family homes/condominiums in Saratoga during the month of March. The median price of homes sold increased in the City by approximately 59 percent within the last year. The price increase may not accurately reflect the full range of housing costs in the City due to the number of homes sold. Table:l6 ~~- '~~ Homy Prices in Saratoga (2000) • • Bedrooms Units for Sale Median Average City Range % of Total Single Family Homes 1 -- -- -- -- -- 2 6 $1,045,000 $1,129,666 $425,000-$2,198,000 7% 3 ~ 17 $1,497,500 $1,706,529 $759,000-$3,900,000 20% 4 26 $1,995,000 $3,045,842 $799,91-$12,888,000 30% 5+ 31 $3,124,500 $3,678,290 $1,398,00-$7,950,000 35% Total -- 81 -- -- -- 92% Condominiums 1 -- -- -- -- -- 2 4 $562,444 $560,987 $420,000-$699,950 5% 3 3 $945,000 $998,000 $899,000-$1,150,000 3% Total -- 7 -- -- -- 8% Source: Coldwell Banker, Alain Pinel Realtors and Bay Area.Com. Table 17 compares median home prices in the County to other counties in the region between August 1999 and August 2000. Median home prices in Santa Clara County are nearly the highest in the region. Therefore, the housing market in Saratoga as with the remainder of Santa Clara County is likely to only attract above moderate-income households. MARCH 19,2001 29 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Comparative Median Home F~rices (1999 - 2000) County August 1999 August 2000 Percent Change between 1999 and 2000 Santa Clara $345,250 $445,000 22% San Mateo $394,000 - $481,000 18% Alameda $276,500 $340,000 19% Source: California Association of Realtors, August 2000 Lower Income Households Overpaying An important indicator of housing need is the relationship of household income to housing costs. Households should pay no more than 30 percent of their gross incomes for housing costs. This figure is higher for other households because the cost of other necessary goods becomes a smaller percentage of the total income. The California Statewide Housing Plan (CSHP) is a publication undertaken to facilitate efforts addressing this State housing goal. This update and the prior one provide perspective on the State's housing needs for subsequent policy development. It takes acounty-by-county look at California's projected housing needs through the year 2020, the constraints to meeting those needs, and the possible consequences of not meeting them. The document is comprised of two volumes. Volume One is the main report, divided into seven chapters. Volume Two is the Appendix containing several appendices. According to the 1990 Census, 345 (60 percent) of all renter households in Saratoga with incomes less than $35,000 per year paid more tllan 30 percent of their incomes for housing. Comparatively, 487 (61 percent) of ownE;r-occupied households with incomes less than $35,000 per year paid In excess of 30% of their incomes. Table 18 Number of Households Paying Over 30 PE~rcent of Income on Housing Income Owners Renters Total Very Low-Income 281 238 519 Lower-Income 206 107 313 Total 487 345 832 Source: 1990 Census Bureau Data. Note: 1990 Census data uses income ranges that do not correspond exactly to the income categories. Therefore, there are people in the lower-income category that actually fall into the moderate-income category and likewise between the very low- and lower-income categories. The numbers in the table include more persons than are actually in those categories. MARCH 19,2001 T4 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Further analysis of housing expenditures as a percent of income show that most home owners pay less than 25 percent of their income on housing (Table 19). Renters with income below $34,999 tend to pay a higher percentage of their income on housing. The majority of people earning $50,000 or more paid less than 25 percent of their income on housing regardless of whether they rented or owned. Saratoga Housing Expenditure Rate per Income Group • Income <$10,000 $10,000- $19,999 $20,000- $34,999 $35,000- $49,999 $50,000+ Total Households Renters Under 30% 39% 33% 32% 35% 80% 601 30%+ 15% 19°./0 15% 13% 10% 127 35 % + 46% 48% 52% 52% 0% 264 Total .Households 158 79 131 164 460 992 Owners Under 30% 8% 51% 77% ~ 70% 72% 5,840 30%+ 42% 0% 2% 6% 7% 594 35%+ 50% 49% 21% 24% 21% 1,821 Total Households 92 ~ 175 495 676 6,817 8,255 Source: 1990 Census Bureau Data Affordability Trends Rental Housing • According to 1990 Census data, the median gross rent was over $1,000 in the City and $773 in Santa Clara County. In 1990, people with very low- incomes had some affordable housing options with about 22 percent of the rental units in the City having rents below 30 percent of their income. People w~Ith low incomes had more options than those with very low incomes, as approximately 44 percent of all rental units were affordable to households in this category. There were about 12 percent more rental units available to moderate and above moderate-income households in 1990. Although 22 percent of the rental units were affordable to very low-income households, availability still suggests a need for housing assistance among the poorest of the community. MARCH 19,2001 25 DRAFT CITY OF SARATOGA MOUSING NEEDS ASSESSMENT Table 20 provides an estimate of the number of affordable rental units at each income level. The percentage of apartments affordable w.~ithin the low- and moderate-income groups is cumulative and includes the percentage from the previous income group. Also, households of many income levels will often cor~npete for housing in the same price range, so the existence of lower-cost units does riot mean that such units are actually available to lower-income households. Table 20 ~ Affordability of Rental Housing in F~elation to Income 1990 Income Group Affordable Rent Limit % of 5~aratoga % of County Rentals Very Low $601 Approximately 21% 22% Low $962 Approximately 42% 47%% Moderate $1,443 Approximately 100% Approximately 100% Source: 1990 U.S.13ureau of Census Current rental rates in 2000 indicate a dramatic shift in the rental units affordable to very low, low, and moderate-income households. Households within these income categories have a difficult time locating appropriate rental units because the less than one percent vacancy rate and the strong market pressure have inflated rents beyond affordability. For example, a person with an income of $37,200 (a low-income level for a single individual) could spend up to $808 (fair market rate for aone-bedroom apartment) a month on an apartment, which is approximately 26 percent of the individual's income. Rents currently average over $1,500 for aone-bedroom apartment in the Santa Clara Valley (not only Srartoga) and over $2,000 for atwo-bedroom apartment. A sample of apartment complexes in the County revealed that the average one-bedroom unit was above $1,200 per month. Existing rental availability and rental costs suggest a strong need for housing assistance for very low, low, and moderate income households within the community. For Sale Housing A household can typically qualify to purchase a home that is 2.5 to 3.0 times its annual income, depending on the down payment, the level of other long-term obligations (such as a car loan), and interest I•ates. In practice, the interaction of these factors allows some households to qualify for homes priced at more than three times their annual income, while other households may be limited to purchasing homes no more than two times their annual incomes. Based on the homes sold in the last yeaz and affordability rates at 3.0 times the annual income of afour-person household, Table 21 shows that there were no . homes affordable to four-person households in the very low-- lqw- or moderate-income categories. It is important to note that subsidized housing is not included in this housing. affordability analysis. MARCH 19,2001 26 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Sold Units Affordable to Lower-Income Households (1999) Income Group Affordability Level Homes Sold in 1998-99 Percent of All Houses Sold Very Low-Income $130,500 0 0% Low-Income $208,800 0 J 0% Moderate-Income $313,200 0 0% Source: Coldwell Banker and Alain Pinel Realtors Home Prices 2000 Housing Rehabilitation and Replacement Needs A majority of homes in the City of Saratoga were constructed between 1950 and 1979 as shown in Table 22 below. However, there are few homes in Saratoga in substandard condition. The recent surge in housing costs in the City has resulted in an increase in home improvement. Because home prices are so high, even for homes that require considerable repair and rehabilitation, only above moderate income households can afford to purchase them. The:.e homes are rehabilitated quickly after purchase thereby resulting in a reduction in the number of homes in substandard condition. Amore recent trend is the compete "mansionization" of smaller, older homes in the City. Above moderate-income household can purchase these smaller homes and still afford to completely rebuild homes to further increase their values. The housing market supports such activities. The City has used federal funds to implement the Saratoga Housing Assistance and Rehabilitation Program (SHARP). The program consists primarily of a home improvement loan subsidy program for low and moderate-income homeowners to repair and bring their homes up to code standards. The purpose is to rehabilitate deteriorating housing units and maintain a housing stock for low to moderate-income households (See City Housing Programs). In 1996, the Safety Grant Program was established to aid the rehabilitation of aging homes. Made possible by the Federal Community Development Block Grant, this program grants up to $10,000 to qualified residents who need to make repairs to their homes but do not want to take out a loan through the Saratoga Housing Assistance and Rehabilitation Program. Funds are granted to correct health and safety problems within homes, such as, by covering exposed wires, installing stair and porch railings and improving disabled access to homes. • MARCH 19,2001 y~ DRAFT CITY OF 5ARATOGA HOUSING NEEDS ASSESSMENT ,, . Age of Saratoga's Hol~asing StociC Year Structure Built Total Total Occupied Renter Occupied 1991-1999 676 N/A N/A - 1980-1990 977 7U2 206 1970-1979 2,311 1,969 295 1960-1969 3,256 3,004 185 1950-1959 2,939 2,632 252 1940-1949 489 378 95 1939 or earlier 343 303 29 Total 10,315 8,988 1,069 Source: 1990 Census, and California Department of Finance, 1990-1999 City/County Population and Housing Estimates. According to the 1990 Census, all of the housing units in Saratoga are equipped with water and sewage disposal and heating systems. However seven housing units lacked complete plumbing facilities, and nine housing units lacked complete kitchen facilities. Tenants between 15 and 65 years of age occupied th.e units lacking complete plumbing. SPECIAL NEEDS Special housing needs arise due to physical, economic, social, or cultural characteristics or conditions that are present in a substantial percE:ntage of the local population. These characteristics or conditions distinguish individuals from the general population and lead to housing or supportive services need that are n~~t (or cannot) be met by the private market acting alone. Examples of special housing needs include accessibility for the mobility impaired, transitional housing for those leaving a homeless environment, and housing specifically designed for the physical and social needs of older adults. Characteristics such as age or physical limitations relay be present in a large portion of the population. It is important for the community to accommodate a variety of housing types to serve such special needs groups. For examplE;, handicapped accessible housing or units that are designed to aid the physical limitations of the elderly may be needed in a community with a large populations of this age group. Conversely, a community may have a large population of large, low-income families that need adequately sized housing at a low cost or a large number of students atter.~ding a nearby college or university. Affordability issues are also important to groups sui~h as female-headed households, farm workers, or military personnel. Therefore, the City needs to evaluate the types of special needs groups in order to address the special housing needs. In Saratoga, the numbez of residents with special needs related to income statl~is is lower than in most communities because the community's housing stock is uniformly expensive and consists primarily of MARCH 19,2001 28 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • single-family homes. There are several important special needs evaluated below, however. Elderly As is the case in many well-established suburbs, the numbers and percentages of the elderly population remain a significant part of the local population. Table 23 lists the population figures by age of those residents over the age of 55 and over the. age of 65 during aten-year period. It also shows that the percentage of elderly in the overall population increased. According to the .1990 Census, 13 percent of the 1990 population was above the age of 65 (3,721) and 14 percent above the age of 55 (3,846). Table 23 Pattern of Aging of the Saratoga Population • 1980 1990 Percent Change Total Population 29,261 28,061 -4% Population 55+ 3,214(11%) 3,846 (14%) 16% Population 65+ 2,403(8%) 3,721 (13%) 35% Source: 1980-1990 U.S. Censuses. Indications are that the percentage of elderly residents has declined since 1990, and will continue to do so as older adults are replaced by younger and middle-aged families. There are three reasons for this: Many older adults must leave the area due to a lack of housing choices meeting their physical needs. Although older homeowners may have substantial equity in their homes, housing prices have increased so rapidly in the last 20 years that there are few suitable homes that seniors afford to purchase in Saratoga. Older adults can have the option of selling their homes and using the proceeds to purchase more suitable and affordable housing in other communities. In 1990, the incidence of poverty was higher among the population over 65 years of age (three percent) than it was for the population between the ages of 18 and 64 (one percent). The poverty rate among seniors was still well below the countywide and statewide rates, however. One hundred and ninety-six persons over the age of 65 received public assistance that year. In 1990, 168 homeowners age 65 and older paid 30 percent of their incomes or more on housing. This represented 10 percent of all elderly homeowners. Approximately 50 percent (122 renters) of elderly renters paid 30 percent or more of their income on housing. Thus, while elderly renters as a group had a higher incidence of overpayment, more senior homeowners than renters overpaid for housing in 1990 due to the much higher number ofowner-occupied homes. MARCH 19,2001 yg DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Tenure is important when analyzing the needs of seniors. The percentage of seniors living in owner-occupied housing was 20 percent according to the 1990 Census, compared to 89 percent of the population at large. 1~3ecause of the small senior population and the many senior citizens living on fixed-incomes some are likely to face difficulty with the costs of major home repairs. In combination with mobility limitations or the need for supportive services (such as medical or imeal assistance), it can become very challenging for the elderly to adequately meet their housing needs. Amore senior -- population living in an aged housing stock leads to a need for rehabilitation programs for , existing units, as well as the creation of affordable senior housing units. " One common special need for a portion of the elderly is for assisted living facilities that combine meal, medical, and daily living assistance: in a residential environment. There are three State Department of Social Services licen:~ed elderly care facilities and two that are in the process of being licensed that provide such supportive services. Saratoga Place (capacity 25) and Saratoga Villa Retirement Home I"capacity 6) are two new facilities that have just submitted applications for licenses. A', Saratoga Home for the Elderly is licensed for six residents. Olives and Roses is licensed for five persons and Saratoga Retirement Community offers skilled and assisted Kiving services with a capacity of 174 persons. Our Lady of Fatima Villa offers 85 skilleci nursing beds. There are currently 74 beds occupied. These would be made up of studio, one and two bedroom units. There is also a two to three month waiting list for bed in this facility. One reason behind the vacancy and the waiting list is that there is a shortage of staff. The Saratoga Retirement Community has three facilities owned and operated by the Independent Order of Odd Fellows and Rebekahs of California, anon- profit fraternal organization.. In 1994 the Odd Fellows Home in Saratoga was opened. The Odd Fellows Health Center has a capacity of 68 and it is a skilled nursing facility only. The Odd Fellows Home, now called the Saratoga Retirement: Community (SRC), currently has 93 assisted living units. SRC will construct additional assisted living and independent living duplexes and apartments. The addition will als~~ include a small Alzheimer's care facility. The addition will be finished by 2004. Thj~ total number is of units-added is yet to be decided, (approximately 500 units have been proposed). There is already is a waiting list for the facility. The Fellowship Plaza i~ under contract with HUD and offers Section 8 low-income senior housing. This facility had 150, mostly one -bedroom apartment. These apartments are always at maximum capacity. First Community Housing is a private developer ghat builds affordable housing in San Jose and surrounding areas. They do not have any active jobs in Saratoga but if given the opportunity the would. They have built 436 low-income residential units, worth more than $45.8 million. Their projects include multi-unit apartments; single-family homes, rental town homes, Single room Occupancy (SRO) units, and Senior Independent Living units. There are currently four new projects under construction, for an additional 390 units under contract and in predevelopment. Of the future facilities there will be 90 one- bedroom Senior Apartments, 100 town homes, 80 two and three bedroom apartments, and 100 studio apartments all located in San Jose and Morgan Hill. Saratoga will remain an attractive place to live for families seeking to purchase homes in Santa Clara County. These new residents are primarily affluent young families with school-aged children. These new residents want to purchase homes in the community but the available housing stock is limited because many of the current homeowners are seniors who have no alternative housing in the community once they sell their homes. As MARCH 19,2001 30 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT a result, many seniors delay the decision to sell their homes, reducing turnover in the local housing mazket and opportunities for new families to move to Sazatoga. The facilities listed above aze primarily institutional care facilities. Many of the seniors who might consider selling their home aze younger, active seniors who do not yet require institutional, nursing caze. There is a need in the community to provide high-quality, independent living senior housing that provides on-site nursing Gaze and individual living units. Because many seniors desire to "downsize" when they move, these senior housing developments will necessarily be higher density projects with on-site supportive services. An increase in this type of available housing for seniors makes it possible for them to sell their homes and remain in the community. Large Families Large families can have difficulty securing adequate housing because they cannot afford houses with enough bedrooms to meet their space needs. It becomes even more difficult when large families try to find adequate rentals within their budget, because rentals are typically have fewer bedrooms than ownership housing. According to the 1990 Census there were 901 households of five or more persons. Of the lazge household, 881 are large families and the remaining 10 are non-family households. Lazge households occupied approximately nine percent of owner-occupied units and 11 percent of renter-occupied units. The median household size is currently 2.94 people per household as of January 1, 2000 (Department of Finance 2000). At the time of the 1990 Census, the median household size was 2.76 people, with the largest number of households having only two persons (3,843 out of 10,148). The next largest group was three person households (2,070 out of 10,148) and following closely behind was four person households (1,943 out of 10,148). The City contains more housing units with four or more bedrooms (53 percent) than 'the number of large households with the need for multi-bedroom dwelling units. There is an adequate supply of dwelling units to meet the space needs of large families. None of these larger homes aze affordable to low- or moderate-income large families, however. Overcrowded Households Another indicator of housing need is the percentage of households living in overcrowded conditions. Most housing analysts define overcrowding as more than one person per room, excluding bathrooms, hallways, and service areas. Saratoga has a relatively low incidence of overcrowding in 1990~n1y 146 households (one percent) were overcrowded. Overcrowding occurred both in rental and owner- occupied housing at about the same rate. There were 24 overcrowded rental units (2 percent of all rental units) and 122 overcrowded owner-occupied units (1 percent of all owner-occupied units). The low percentage of large families combined with the low incidence of overcrowding indicates that there is not a large proportion of the population living in overcrowded conditions. MARCH 19,2001 31 DRAFT CITY OF sARATOGA HOUSING NEEDS ASSESSMENT Disabled Citizens Approximately three percent of the City's non-institutionalized residents have physical conditions that affect their abilities to live index>endently in conventional residential settings. These individuals have mobility impairments, self-caze limitations, or other conditions that may require special housing accommodations or financial assistance. Individuals with such disabilities can have a numiber of special needs that distinguish them from the population at large. • Individuals with mobility difficulties (such as those confined to wheelchairs) may require special accommodations or modifications to their homes to allow for continued independent living. Such modific<tions aze often called "handicapped access." - • Individuals with self-care limitations (which can include persons with mobility difficulties) may require residential environments that include in-home or on-site support services, ranging from congregate to convalescent caze. Support services can include medical therapy, daily living assistance, congregate dining, and related services. • Individuals with developmental disabilities and other physical and mental conditions that prevent them from functioning independenl:ly may require assisted care or group home environments. • Individuals with disabilities may require financial assistance to meet their housing needs because a higher percentage aze low-inc~~me than the population at large and their special housing needs are often more costly than conventional housing. Some people with mobility and/or self-care limitations are able to live with their families to assist in meeting housing and daily living needs. A segment of the disabled population, particularly low-income and retired individuals, may not have the financial capacity to pay for needed accommodations or modifications to their homes. In addition, even those able to pay for special housing accommodations may find them unavailable in the City. Disabled persons often require special housing ,features to accommodate physical limitations. Some disabled persons may have financial difficulty due to the cost of having their special needs met or due to difficulty in finding appropriate employment. Although the California Administrative Code Title 24 required all public buildings be accessible to the public through architectural standards such as ramps, large doors, and restroom modifications to enable handicap access, not all available housing units have these features. According to 1990 Census data, there were approximately 721 non- institutionalized disabled persons over age 16 in Saz;atoga. According to the 1990 Census, 388 or one percent of persons between the ages of 16 and 64 had mobility and/or self-caze limitations. Many persons with disabilities can benefit from a residential environmental that provides supportive services in a group setting. San Andreas Regional Center, located in San Jose is a community-based California state-funded progl-am designed to serve persons with a developmental disability, as required by the Lanterman Developmental Disabilities Services Act. The Center is a private, nonprofit corporation under contract for provision MARCH 19,2001 32 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT of services through the State Department of Developmental Services. San Andreas Regional Center serves the four-county area of Monterey, San Benito, Santa Clara and Santa Cruz. Families with Female Heads of Households Most female-headed households are either single elderly women or single mothers. Traditionally,.these two groups have been considered special needs groups because their incomes tend to be lower, making it difficult to obtain affordable housing, or because they have specific physical needs related to housing (such as child care or assisted living support). Single mothers, in particular, tend to have the difficulty in obtaining suitable, affordable housing. Such households also have a greater need for housing with convenient access to child-care facilities, public transportation, and other public facilities and services. Of the 10,050 households in the City, 469 are female-headed households or slightly less than five percent of the total households in Saratoga. According to the 1990 Census, eight of the City's female-headed households are classified as living below the poverty level. These eight households account for five percent of the total 159 households below poverty in the city. and less than two percent of the total female householders. It may be assumed that most of these households are overpaying for housing (i.e. more thane 30 percent of their income), or are experiencing other unmet housing needs. As a result of poverty, female heads of households often spend more on immediate needs such as food, clothing, transportation, and medical care, than on home maintenance, which results in living units falling into disrepair. Farm Workers According to the 1990 Census, 104 persons (one percent) were employed in farming, forestry, and fishing occupations of a total labor force of 14,437. The California Employment Development Department includes farm workers, nursery workers, delivery truck drivers for produce and flower, horticulturists, landscapers, tree trimmers, and lawn gardeners in this category. Given Saratoga's location in an urban region, it is likely that few, if any, of these "farmworkers" a:e employed in crop production or harvesting. Homeless Homelessness is caused by a number of social and economic factors, including a breakdown of traditional social relationships, unemployment, shortage of low-income housing, and the deinstitutionalization of the mentally ill. A homeless person lacks consistent and adequate shelter. Homeless persons can be considered resident (those remaining in an area year-round), or transient. Emergency and transitional shelters can help to address the needs of the homeless. Emergency shelters provide ashort-term solution to homelessness and involve limited supplemental services. In contrast, transitional shelters are designed to remove the basis for homelessness. Shelter is provided for an extended period of time, and is combined with other social services and counseling, to assist in the transition to self-sufficiency. The nature of the homeless population makes exact counting difficult. The 1990 Census found no "visible" persons living on the streets and no people in homeless shelters. However, Census counts are not generally accepted as an accurate reflection of MARCH 19,2001 33 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT homelessness. Because the homeless move arownd and are not always visible on the street, it is difficult to get an accurate count oi.' homeless persons in a community. Discussions with social service organizations and ethers dealing with emergency housing and the homeless on a daily basis reveal that theri; are homeless in the area. The Police Department does not track the number of homele;~s in Sazatoga, however, nor do other social service organizations. Agencies Offering Homeless Assistance The City offers one homeless shelter prograrrr at the Church of Ascension and Congregation. The Church participates in a rotating shelter program that provides housing for 12 to 15 men for 1 month a year. Theri; are also organizations in surrounding cities that serve the needs Saratoga residents. Although these services aze not intended specifically for homeless individuals and families, homeless persons often avail themselves of food and clothing closets that help th'e poor. There are a number public service organization and; agencies in the County of Santa Clara that offer shelter, counseling, or other services for the homeless, abused, or elderly. Emergency Housing Consortium of Santa Clara County Their most successful program is the Transitional Flousing Program (THP). This program enables a person to obtain a job and work and f:ventually achieve independence in a conventional housing environment. Under THP, a person with _ a job is entitled to a cubical with a bed for $200 per month for up to 3 months. Another program, The Working Man's Program, grants individuals who ;ire employed a bed for up to 30 days while they seek permanent housing. Other Consortium programs include the New Start Program, which helps homeless individuals obtain employment, and the Waste Management Program, which gives people a job with the Waste Management Department far the City of San Jose. Under these programs, participating individuals aze guaranteed beds at a cost of one-third of their paychecks, with the potential to move into transitional housing. Currently the single person capacity is 125 for the spring and summer s',eason. During the winter, the capacity can increase to 250 to 300 beds, including floor m~its. There are also rooms available for families that have sufficient income to qualify. Lastly the Consortium offers a Volunteer program through its facility, which in return guarantees a room for 30 days. The Emergency Housing Consortium has shelters and programs located in Sunnyvale, Santa Clara, San Jose, San Martin and Gilroy. San Jose Family Shelter This facility provides overnight rooms and meals for families with children for stays of up to three months. The Program can accommodate 35 families (143 people). There are currently have 33 families occupying 35 rooms. Two of the families aze especially lazge and require two rooms each. A case manager helps each family with its individual circumstances. - MARCH 19,2001 34 DRAFT CITY Of SARATOGA HOUSING NEEDS ASSESSMENT • County Housing Programs The Santa Claza County Community Development Commission/Housing Authority administers the Section 8 Housing Assistance Payments Program (HAPP). This program links landlords with tenants eligible for rental assistance. HAPP guazantees landlords fair mazket rent while providing subsidies for tenants in rental properties. HAPP tenants are those elderly, handicapped, or low-income families needing help to secure decent housing. Saratoga is participating in this program that encourages landlords to accept Section 8 vouchers and certificates, and will be on the list of cities in the rent subsidy program. There are three families who use the Section 8 program, two of which have disabled heads of households. Due to limited budgets, there aze currently 47 people on the Section 8 waiting list, of whom 20 are disabled (Housing Authority of Santa Clara County April 13, 2000): Fair market rents for the Santa Clara County area in fiscal yeaz 2000 are provided in Table 24 below. For the 40th percentile fair mazket rents for manufactured home spaces in the Section 8 Choice Housing Program, space rents in Santa Claza County are listed at $808 for fiscal yeaz 2000 (Federal Register, February 2000). Fair Market Rents for Existing Housing in Santa Clara County Studio One Bedroom Two Bedroom Three Bedroom Four Bedroom $808 $922 $1,139 $1,561 $1,753 Source: Federal Register, HUD. February ?000 The County has four Federal Grant Programs to assist eligible persons seeking permanent, transitional, or emergency housing-related services. Community Development Block Grants (CDBG) C, Provides funding to nonprofit agencies to enable them to offer housing and housing- related services to eligible lower-income persons including seniors, persons with disabilities, and the homeless and battered spouses. Provides funding for acquisitions, construction, or rehabilitation of affordable housing to lower-income persons. Each of the Urban County cities develops their own CDBG program. Each city has a housing rehabilitation program offering low-interest loans or grants for home repair to qualified Urban County residents. Individual initiative and the use of Community Development Block Grants (CDBG) have helped. In previous years the CDBG program has been used to assist with home improvement for applicants that meet the income guidelines. Home Program (Home Investment Partnership Act) Provides loans and grants to nonprofit organizations to assist with financing to develop permanently affordable housing through acquisition, construction, or rehabilitation. MARCH 19,2001 35 DRAFT CITY OF SARATOGA - HOUSING NEEDS ASSESSMENT Emergency Shelter Grant Program (ES(3) Provides grants to nonprofit organizations oper;~ting existing homeless shelters for rehabilitation of the facility, maintenance and opE:rations, essential supportive services and prevention of homelessness. Shelter Plus Care (S+C) Provides a 5-year rent subsidy to homeless/disabled individuals and their families Ito assist them in securing permanent affordable rental housing. Applicants must be currently homeless and must be diagnosed with one of the following disabilities: mental illness, HIV/AIDS, and a drug and /or alcohol dependency. In addition to rent subsidy, the program also arranges for various treatment services and case management. S+C clients are required to pay 30% of their monthly income towvard rent and S+C pays the balance. City Housing Programs Table 25 is a list of projects and programs that were recommended by the Saratoga City Council for allocation of funds for the 2000/O1 :Funding cycle. The City Council of Saratoga approved the budget on Apri14, 2001. • • MARCH 19,2001 36 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • Table 25 City of Saratoga Human Services and CDBG Proposals • Agency Type Project Amount Amount _ Requested Recommended SASCC Human Services Senior Day Car $36,667.00 $36,667.00 Program Project Match CDBG Rent Subsidy $19,500.00 $19,500.00 Blauer Ave. Senior Home.' Bridge Housing CDBG Cupertino $37,707.00 $37,707.00 Community Services Apartments Z City. of Saratoga CDBG ADA Project for $50,000.00 $50,000.00 . Hakone Gardens Ciry of Saratoga CDBG County $20,000.00 $20,000.00 Rehabilitation Services3 City of Saratoga Administration Project $15,000.00 $15,000.00 Administration Total $178,874.00 $178,874.00 Source: City of Saratoga 2001. ' Will provide shard residential housing to approximately six low-income seniors at a time. =Will provide 24 affordable apartment units for individuals and families who currently live in Saratoga, Cupertino and other Santa Clara County cities whose household incomes are at or below 60 percent and 50 percent of the median, as defined by HUD. ' Each participating City utilizing the services of the County's Housing Rehabilitation Specialist is required to pay S 15,000 for its annual CDBG grant to cover these costs. These services include site inspection, estimates, work write-ups, the job bidding and award processes, and project supervision and compliance oversight. The purpose of the City's Saratoga Housing Assistance and Rehabilitation Program (SHARP) is to further the goal of providing a decent home and a suitable living environment to all citizens in Saratoga. The SHARP provides Zero Interest Partially Deferred Payment and Below Market Rate Interest Loans to eligible homeowners citywide, with special emphasis in designated Community Development areas targeted for housing rehabilitation and related capital improvement projects. It brings existing dwelling units to local housing standards for decent, safe and sanitary living conditions. There are currently 22 outstanding SHARP loans with an ending balance of $439,243. ASSISTED HOUSING PROJECTS AND PROGRAMS Assisted housing projects and programs in the City can alleviate the financial hardshi s P low-income households may face. Assisted housing projects are those that offer financial MARCH 19,2001 97 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT aid or provide extra services for people in need of financial or basic living assistance. There are a variety of programs, each focusing on << specific need or with a specific goal to eliminate unmet housing needs in the community. Three multi-family complexes in the City participate in HUD's Section 8 program (in which Federal funds are used to close the gap between the fair market rent and what lower income households can afford to pay) with 177 units in the program. The Fellowshiip Plaza has 150 Section 8 units, it is owned and operated by the nonprofit agency Odd Fellow who is dedicated to being a non-profit organization; therefore the 150 units at the Fellowship Plaza are in low risk of being converted. Saratoga Court has 20 Section 8 units and their Section 8 contract was renewed in September of 2000 with plans to continue renewing on a yearly basis. Laura Ville Apartment has seven units in Section 8 contracts for seniors only. The City -also has two other affordable housing programs. Tri-Aegis offers a residential care home for developmentally disabled adults. 'Chere are six rooms funded by Title 22/Private/Grants. Project Match offers affordable housing for seniors using CDBG guidelines. There are currently 5 rooms shared in residential homes. No developers in the City have taken advantage of density bonus programs. Units Eligible for Conversion In 1989, the California Government Code was amended to include a requirement that localities identify and develop a program in their housing elements for the preservation of assisted, affordable multi-family units. Subsequent amendments have clarified the scope of the analysis to also include units developed pursuant to inclusionary housing and density bonus programs. In the preservation analysis, localities are required to provide an inventory of assisted, affordable units that are eligible to convert within ten years. As part of the analysis, an estimation of the cost of preserving versus replacing the units is to be included, as well as programs designed to preserve the affordable units. The California Housing Partnership Corporation provides an inventory of federally subsidized rental units at risk of conversion. The 1.999 update, which identifies units at risk through the year 2020, identifies two IUD-assisted multi-family housing developments with Section 8 contracts in the Saratoga. The Section 8 contract expired for these two developments in 1999 and one was identified as high risk for conversion according to the 1999 update. MARCH 19,2001 38 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • RESOURCES AND POTENTIAL GROWTH • • AREAS _ DEVELOPMENT PATTERNS AND PHILOSOPHY In.1956, the City of Saratoga incorporated as a minimum service community comprised primarily of low intensity residential-uses with a minimum of commercial-industrial development. This growth philosophy has continued to be important in guiding the City's future, and there is a desire to maintain and preserve the community created by this philosophy. However, as land has becomes scarce, the pressure to increase housing density rises. The majority of development opportunities are on infill sites and hillside areas, the latter of which can are quite expensive to develop. VACANT LAND There are approximately 956.41 acres of vacant undeveloped land available, primarily located on hillsides. The remaining infill sites could be redeveloped with single-family or high-density residential uses. These lands are broken down in the following tables by current land use and zoning. MARCH 19,2001 39 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT RESIDENTIAL ZONING DISTRICTS There are six land use designations in the General Plan. The first four designations allow single-family dwellings. The fifth designation allows single-family and multi-family dwellings. The sixth allows single-family and multi-family dwellings if the site is designated P-D residential and allows flexibility iii terms of density and development. The six land-use designations and the implementing zoning districts are described below: Hillside Conservation Single-Family ~_ Hillside Conservation Single-Family corresponds t~~ the R-1, HR, P-C, R-M, R-OS and MU-PD zones. The maximum density in this designation is 0.5 dwelling units (DU) per net acre, or 1.55 people per acre. The maximum. intensity of building and impervious surface coverage is 15,000 square feet or 25% of the site area, whichever is less. Very Low Density Single Family Very Low Density Single Family corresponds to R-1, HR, P-C, R-M, R-OS and MU-PD zoning. The maximum density allowed in these areas is 1.09 DU/net acre or 3.38 people per acre. The maximum intensity of building and irrlpervious surface coverage is 35% of the site area. • Low Density Single Family Low Density Single Family corresponds to the R-l, HR, P-C, R-M, R-OS and MU-PD zones. Development densities of 2.18 DU/net acre are permitted these areas. The maximum intensity of building and impervious surface coverage is 45% of the site area. Medium Density Single Family In the M-1 zone, the Medium Density Single Family designation densities range from 2.90 DU/net acre to 4.35 DU/net acre or from 9.0 l~~eople/acre to 13.5 people/acre. The maximum intensity of building and impervious surface coverage within the M-1 zone ranges from 50 percent - 60 percent of the site area. Multi-Family Residential Multi-Family designation falls into the P-C, R-M an'd MU-PD zones. The density of this designation is 14.5 DU/net acre or 27-45 people/acrE;. The intensity of building coverage is 40% of the site area. P-D (Planned Development) Residential This designation corresponds to the P-C and MU-PIS zones. Densities within these sites are 4.35 to 12.45DU/acre or 13.5 to 38.6 peopef;/acre. The maximum intensity of building coverage is 25 percent to 35 percent of thE; site area. All projects proposed on sites with this designation require use permit approv~Il. MARCH 19,2001 40 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT P-D (Planned Development) Mixed The General Plan also has allowable residential development within the broad commercial category. The P-D (Planned Development) Mixed commercial subcategory allows a mix of residential and commercial uses under certain design criteria. This designation corresponds to the P-A, C-N, C-V, and. C-H zones. i Table 26 '~ Vacant Lands in Saratoga by Zoning District 2001 Zone Acres Dwelling Units* Residential Hillside Residential 565.21 270 R-1-40,000 106.60 85 R-1-20,000 7.11 l4 R-1-15,000 1.00 4 R-1-12,500 2.37 7 R-1-10,000 6.18 21 R-M-5,000 Planned Community 0.00 0 R-M-4,000 Planned Community 5.11 30 R-M-3,000 Planned Community 0.68 8 Commercial . ProfessionaUAdministrative 2.43 N/A C-N .36 N/A C- V 0.00 N/A C-C 1.21 N/A C-H 1.19 N/A Open Space Residential Open Space 18.64 N/A Land Under Williamson Act Contract 220.93** N/A Agriculture 17.39 N/A Total 956.41 369 City of Sazatoga 2001 **Before density bonuses for very low- or low-income units; assumes that one dwelling unit will be permitted on non- conforming lots that aze less than the minimum required lot size. * * 114.99 of these acres is under an expired contract and will be available for non agricultural use between 2008-2015. MARCH 19,2001 41 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • COMMERCIAL DISTRICTS THAT CAN ACCOMMODATE AFFORDABLE HOUSING The City allows multifamily residential use in its commercial districts through a conditional use permit process. Approximately 5.19 acres of these the commercial lands aze vacant. These lands can be further developed to medium/high densities to accommodate affordable housing. - FINANCIAL RESOURCES The City has used federal funds to implement the Sazatoga Housing Assistance and Rehabilitation Program (SHARP). The program consists primarily of a home improvement loan subsidy program for low and moderate-income homeowners to repair and bring their homes up to code standazds. 'The purpose is toy rehabilitate deteriorating housing units and maintain a housing stock for low to moderate'-income households. By 1990, 50 units had been rehabilitated by the program. HISTORICALLY SIGNIFICANT HOUSING STOCK In 1987, the city identified 105 historic buildings and properties within Saratoga, however four had been demolished by 1996. In order to be listed on the inventory, a building must meet one of seven criteria established by the City's Heritage Preservation Commission. The criteria are based on the. azchitecture, prominence in the city and historic significance of the site. The Commission has been established and is defined as follows: The Heritage Preservation Commission functions as a liaison working in conjunction with the Council, the Planning Commission, and the agencies and departments of the City to implement the City's Heritage Preservation Ordinance. This includes conducting. surveys of properties within the boundaries of the City of Saratoga for the purpose of establishing an official inventory of heritage resoixrces and recommending to the City council specific proposals for designation as a histolic landmark, heritage lane or historic district. Currently, there are 108 buildings on the City's Heritage Resources Inventory list. The Saratoga Historical Foundation nominates one member and at least one must be trained and experienced in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor or urban planner. The' City is also a Certified Local Government as defined by the State Office of Historic Preservation for the purpose of implementing historic preservation requirements. While there aze many historic buildings in Saratoga, the city lacks authority to protect the buildings without buying them. Many owners of historic houses have renovated them, however many cannot afford to do so. If an own~;r cannot afford or does not wish to renovate, the current Heritage Preservation Ordinance allows demolition of a historic building after a 30-day notice period. The costs related with restoring housing can be exorbitant primarily because once a property ,owner adds to an old building, the entire building must be brought up to current building codes. This may be too much for owners r MARCH 19,2001 - 42 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT and they may opt to demolish the house instead. The Heritage Preservation Ordinance requires a permit for architectural changes, additions or demolition of a designated landmark. AVAILABLE PUBLIC FACILITIES AND SERVICES, INFRASTRUCTURE Most of the vacant land is located in hillside azeas. These azeas tend to be further away from urban services, have limited access, and have geologic and other environmental constraints - on development:. New sewer and storm drainage systems are required for development in the hillsides. Control of the runoff is critical to protect water quality and prevent erosion and flooding. There are some remaining small isolated vacant pazcels that are scattered throughout the City surrounded by existing development and could be classified as infill. Providing services to azeas that are not currently being service would be relatively easy since they are close to existing utility systems and would require only minimal extension of such systems. Police and fire protection and access to the schools aze easier for these parcels than hillside azeas since the travel distances is significantly less. These infill parcels are also better served by public transportation because many of them are within walking distance of an existing bus route. • MARCH 19,2001 43 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT -- - CONSTRAINTS NONGOVERNMENTAL CONSTRAINTS Availability of Financing The City has not uncovered any local_ coristraints to the availability or cost of financing for home purchases or rehabilitation that differ significantly from the availability and cost of financing generally in California. Even in older neighborhoods of the City, there are no barriers to obtaining financing for home purchase, improvement, or construction (other than customary underwriting considerations by lenders). Because virtually all homeowners and homebuyers in Saratoga have moderate or higher incomes, there are few bamers to obtaining financing relating to income-the. primary consideration is whether the housing price or home improvement cost is consistent with the borrower's ability to make monthly loan payments. Rental Availability Rental availability in Saratoga is extremely low with a vacancy rate of less than one percent. The low vacancy rates means that there are limited housing choices for residents who cannot afford to purchase a home in Saratoga. A five percent rental vacancy rate is considered necessary to permit ordinary rental mobility. With less than one percent vacancy rate tenants have difficulty locating appropriate units and the strong market pressure has inflated rents beyond the reach of the very low, low, and moderate income Saratoga residents. land Costs Land costs are a major factor in the cost to build in Saratoga. According to the California Association of Realtors, housing prices have been rising in the area, nearly five percent between December 1999 and December 1998. This increase also includes vacant land, which is very scarce in the City. There were no vacant lots listed for sale in September or October 2000. However in the neighboring City of Mountain View there was one 10,000-sgaure foot vacant lot for sale for $1,450,000- as of May 2001. Construction and labor Costs The most significant constraint on development of r-ew housing in Saratoga is the overall cost of housing, including land costs and construction costs. Many factors can affect the cost to build a house, including the type of construction, materials, site conditions, finishing details, amenities, and structural configuration. Development costs were developed from estimates provided by Allen Lambert of Morse Enterprises in Saratoga and Chuck Bommarito, Pinn Brothers Construction. Permitting costs in Saratoga are about $30,000 for an average size home. The total includes permitting costs and school fees. MARCH 19,2001 44 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Once a vacant parcel is purchased, the contractor has to make certain site improvements to prepare for building on the property. Such improvements include connections to existing utility systems, rough grading, plus installation of water, and sewer lines. This type of work generally costs between $40,000 to $70,000 depending on the amount of work required at each location. Materials and labor have a wide range of costs depending on the type of materials used for construction. Typically more expensive materials are used for custom homes, which ranged from $140 to $200 per square foot. An average quality construction single-family home generally costs less because the materials are less expensive and easier to handle. These material and labor costs for these homes cost around $65 per square foot. In addition to site improvement costs and the cost for building materials, there are engineering and architecture soft costs, which can range from $10,000 and $70,000 per lot. Additional costs including trash and temporary fencing average about $5,000 per lot. At the costs listed above, none of the very low, low, or moderate-income households in Saratoga can afford to build a home in the area. The scarcity of easily developed land, combined with the great demznd, indicates that housing construction costs are likely to remain high in the future. Saratoga will continue to follow the trend that is occurring throughout the Bay Area and the Silicon Valley. Available Senior Housing There is a lack of available housing for younger seniors who might otherwise sell their family homes to relocate into smaller homes with less maintenance requirements. There are a number of facilities in the City that offer institutionalized care however many of these facilities have extensive waiting lists. There are very few facilities that offer independent living for seniors and the ones currently available have waiting lists and often have long application processes. These processes can often take more than a year to complete. As a result, many seniors are opting to remain in their homes and are choosing to retain their homes rather than relocate. GOVERNMENTAL CONSTRAINTS Hillside Development Since most undeveloped land in the City is located in the hillside areas, development of these areas carries environmental and financial risks and constraints. Due to environmental constraints, particularly unstable soils, topography, and the ability of hillside areas to accommodate septic systems, development densities are limited to single family homes on large lots. There are currently 565.21 vacant acres of land in the hillside areas. • MARCH 19, 2001 45 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Maintaining Public Open Space The City is dedicated to the preservation of its oF~~en space. Open space is a valuable resource as it discourages noncontiguous development patterns that result in sprawl and inefficient use of community service funds. Open space also maintains the natural character of the area so that urbanization does not become out of control and cities do not lose their natural resources. Open spaces aze be~~eficial to the responsible growth of cities and offer many environmental, recreational, and psychological benefits to the community. The City's existing open space lands are diverse in scale, use, and level of improvement. While most of the open space in the hillside is characterized by undeveloped and undisturbed, the typical open space in the foothills, and valley are landscaped and designed. Seismic Safety Like most other areas of the state, Sazatoga is located on a number of active fault lines. Most notably, the San Andreas fault. Other faults include Berrocalm the Monta Vista/Shannon, and the Sazgent faults. Therefore, development of the hillside and other open space azeas, which aze most susceptible to ground failure and landslide during earthquake activity, should be limited to low occupancy to avoid potential disasters. Development Costs • Since little to no improvements have been made on hillside properties, development of infrastructure would add to the cost of development. Pazcels would need to be graded and utility and road extensions would need to occur. Due to seismic risks, further provisions for earthquake safety would need to be imposed including building design safety standards. These costs would create a large burden on the City and developers to such a degree that the City does not provide incentives for hillside or any other type of development of low- and moderate-income housing. hand Use Controls Residential uses are permitted in residential zones as shown in the table below. However, conversion of commercial uses in commercial zones to residential uses is permitted with the approval of a conditional use permit. The Zoning Ordinance does allow the construction of new residential units in all commercial zones with a Use Permit. Single family dwelling are permitted uses in residential zones and in Agriculture, Planned Community, Multiple Use Planned Development, and Commercial districts; however, multi-family dwellings aze either permitted or conditional uses in Planned Community, Multi-Family Residential, Multiple Use Planned Development, and Commercial districts. Single Family Residential The majority of land in Saratoga is zoned R-1; which only allows one unit per lots of at least 10,000 squaze feet, or just over one-fifth of an acre. In addition there are setbacks, yard sizes and height restrictions that guide development on these parcels. These restrictions and the limitations cater to households with moderate incomes and above. There are pazcels in Sazatoga that are underdeveloped and could be subdivided to achieve maximum density as allowed by the zoning provisions. However, a sewer permit is MARCH 19,2001 46 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT needed for each pazcel -that was formerly one parcel, causing additional fees and constraints to development. Upon recordation of a final subdivision or parcel map covering any site, no lots or parcels shown on the map may be further subdivided to increase the total density. Hillside Residential and Residential Open Space Districts As with most other hillside communities, Saratoga has specific guidelines and standards for hillside development to preserve the chazacter 'of the hillside and protect residents and the environment. The Hillside Residential District (HR) and the Residential Open Space. (R-OS) both strive- to maintain the natural environment and existing rural character of hillsides while encouraging development on gently sloping sites that have natural screening features rather than on steep, visually exposed sites. The development standards are very specific in this district. Low Density residential housing is allowed; however a site development plan must be prepared and approved by the advisory agency. Existing vegetation and land formations must be retained as much as possible and plans for erosion and sediment control must be in place, consistent with City ordinances. Grading shall be conducted along the natural contours as much as reasonably practical and shall be designed to avoid erosion, flooding, slides and other hazards. In addition to the site development plan, a geologic and soils report must be prepared. Additional studies may be required unless the City Geologist determines that existing information is adequate. The location of the structure is limited by the maximum site coverage of 25% and the slope percentage. Because of the strict regulations involving hillside development, it is not feasible for affordable housing. Planned Community The P-C designated land designed for a common open space development or for persons desiring smaller residences or dwelling units than is economically feasible under existing zoning districts, and which combines a number of uses in order to develop a living environment which conforms to the General Plan. Single-family or multi-family dwellings are permitted. The constraints may be the lack of available land in this zoning designation. • MARCH 19,1001 47 • • Q F '7 2 •~ w 6 V1 ~ ~ w {/~ N LL Q O N > p ~ w u "' z ~ ~ Q Z ~ N ~ ~ O x • • Q _0 0 cv N N _N ca O Q .~ L .~ N O U .~ O N ca O cC O O O O N ~ O O ~ .-. ~ ~ ~ ~ --~ ~ N O ~ N N N H O y ~ « v1 f0 .~ nj • ~ x ~ z > • c ~ U U U U U U U U ~ ~ V U U U U ~ L ~ `~ C ~ ~ _ ~ 4" • V • ,° ~ o ~o 3 a ~ N ~ N N ~ a ~"' U O' `n Q C C ,~ O A, ~ dq d C M ~ X 4 0 N O a ~:, p ~ on ~ o c ~ ~ a •o ~ ~ ~ W h b p E ,n ~ 'v •~ 3 0 0 NA ~°o o c o y N ~~ ~ y A y ~, ti U N •~ ~ N O ~ ~ ~ ~ ~ O ~ ~ N O c 'J C O '~ N N~ N N 3~ N OA 'G C 'fl ~ ~ C ~ "' ~ a 3 ~ -3 0 vl 7 v o V y ~ . ~ . C ~ G ~"~ C ~ bA tZ. O °' tc CO U ~ ~ .... ~ K N b 4. T 4.n V N ~' C • , p ~ ro • ~ ~ > ~ , o ~ ~''~ ~ ° `p U U an ~; N N QQ N v -p ~ O ~ .; N it (~•• 4n 1.. O O> :: y b a`i a~ C = ~ • ~ Oa o ~ ~ y 4i ~ eUd .C O C ~ a~ M N N ~ N 'D ~ ~ N 3 O N N ~ ~ O ~O ~ O ~ U ~ O Q O ~ v~ N U M a C c ~ a ~ a ~ ~ •r d ~ ~ ^ E ~ L ~ ~ ~ L :: ~ ~ ~~ a E yy i c y v a~ ~~ ~x~ a. o a v O 0 n J } ~ f W ~ W Z H ~ Q ~'' Vf D ~ O 2 '~ c ~, s ~, .~ ~, ~ . > b ~ ~ ~ ~ o v? ~ ~ ~ ~ ° .~ ~ ~ ~ 3 a to p d. ~ v ~ ~, ~ ~ ~ £ , ~, ~- ^" c z ~~ > ~~ , U ~ ;d x c ~ L ~ pp O ~ ~ ~ ~ O - ~ ' 00 1~. C„' . ~ a: ~ y 7 ~ " . 4 O p - „ " L ~ N ~ O nr Q v i td ~ b ' c . ~ ~ ~ .+ ~ ~, ~ ~ O o ~N ~" ~ a o r o.~ °o ~ w ~ F. '~ ~ ~ ~ ~ ~ O . ~~ f °w v~ w w a ~ ~ a' ~ a c ~ ~ ~~ ' ~ V'1 V ~ ~ y0 .+ ° ~ a ~ ~, ,O C c ~ O V C O a~ ~ -o a~ ~ ~ ~ p ~ ~. b~A O In _R -~ a~ c ~ °' 3 a a~' = ' . ~ ~ V V ~ r a N~ ~ ~~ ~ a .t, O y 1 ~ ~- ~ .. C V y ~ ^A C A N ~ O a` N b ~ _ ~ ~ u H ' a G y Q d ~ _ • c . a~ o ~ c d ~ ~ in o v Q ~ o E7 • 0 0 ~a a a > O F w U w Z F ~ LL Q Z ~ N O x • • .i ~ .~ ~ U ~ v ~ ~~ ~ ~ ~ o ~ y '° ~ ~ ~ ~ ~ O a~i ~~ .~ z o z ~ ~ ~ ~ 3 ~ U U U U ~ '" a a L ~ ~ z ~ ~"" a `~ z ,V ~ - ' ~ ~ Q U a a U U. ~ ~ H Q Q ' '~ y Q ~~ ~ '~ = Q d z ~~ z ~U ~~ z U ~" ~ a~ ~ z~~ ~~~ w ~ €~ z f a a Z a. ~ b ~ b b b ~ a~ ~ °' Y °' ~ ~ ~ ~ C z z~ z~ z~ z~ _ ~ ~ ~ a. a> a a~ a y a, a~ a a~ a. `~ ' ~ ~„ ',~, c c g c ° a~ ~ z °_ a, ~ °_ „ ~ ~ ~~ .E ~ ~ ~ z ~ ~ °" °" U U '° '° '° c c a z = Ea z ~ ~~ ~~ z a, °" °J °" °' c. o U 0 U c ',b, ',°, c c '° _ ~ z ~ ~ ~ _ ~ ~ ~ ~ U °' °" U U a ~ .b .ti ~ R .D ~ = Z ~ ~ ~ ~ ~ _ U °' °" ~ U _ U °r d7 ~ i+ N f0 ~ Yl ~ ~ G1 D C ca~ u ~ ~ ~ ~ ' ~ ~c 3> > ~ dv ~ He DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Infrastructure and Roads/Traffic Since the City and most of its developments ar€: quite old, infrastructure, including streets, sewers, storm drains, and water lines, are quickly aging and in need of repair. To offset the cost of installation and repair, new developments are required to provide on-site infrastructure and pay an impact fee for these facilities. There are no physical infrastructure limitations on the City's ability to accommodate affordable housing, nor are there infrastructure or public service constraints on remaining sites potentially suitable . . . for affordable housing. The -City cannot presently serve hillside sites above. the .current limits of development without extending roads, water, and sewer lines. There is a concern that higher densities or intensities of residential development will strain the planned capacity of city streets. The General Plan EIR states that: "Traffic impacts are significant primarily in a regional sense since Saratoga will be contributing to the traffic congestion of the region but it may also be significant to specific neighborhoods." In addition to potential impacts on State Highways, citizens are concerned about the traffic levels on other arterial streets in the city. Additional development along some of the more congested roadways should be carefully examined for potential significant traffic impacts. Potential aesthetic and noise impacts will also have to be carefully considered. Neighborhood Character • Allowing higher densities on infill parcels may create incompatible uses when they are substantially surrounded by low single-family development. There is a strong desire by residents to maintain low housing densities to retain. the neighborhood character. One of the major reasons Saratoga incorporated in 1956 was to preserve its low-density character. Building and Fire Codes Fire sprinklers are required by the City in all :residential garage structures, which increases the cost of housing construction. The Cit}~ also requires Class A roofing for all. new roofs. Class A is the highest standard for fire retardant roofing and is the most effective against sever fire exposure. Roofing~materials that meet Class A requirements are also among the most expensive and can add significantly to the cost of an affordable housing development. Enforcement The City has an active enforcement program, with two code enforcement officers. The City's main code enforcement problems range from vehicle storage within the front yard set backs to garbage complaints. They have encountered very few illegal second units in the City but as housing prices rise this might become a problem. About one percent of the housing is in need of rehabilitation. This one percent is located in an older section of town where people are starting to buy these houses and remodel them; so this problem is quickly ending. • JULY 11, 2001 52 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Processing and Permit Procedures The City's permitting procedures are not a barrier to housing development as requests for single-family homes and multi-family projects are processed within the time limits set forth by AB-884, CEQA, and the Subdivision Map Act. According to the Planning Department, Plan Checking takes 3 to 4 weeks to receive a permit. Design Reviews and Use Permits take three months to process Two months for a public hearing, and 1 month to get a zone clearance and building plan check. The City has a design review procedure for residential developments. The parking requirements have not been an impediment to housing development, but may become constraining as the available development area continues to decrease. Single-family dwelling units currently require two covered spaces, excluding second unit's spaces within a garage. Second units require one covered space within a garage. Multi-family units require one covered space within dwellings, or a garage for each dwelling. Fees and Exactions Direct Development costs due to governmental processes include permit and application fees, park and recreation fees, improvement bonds, public works improvement fees, and environmental review fees. The fees charged in Saratoga are comparable to the fees charged by other local governments, rates were established to cover most of the costs incurred by the City to process an application. Since Saratoga's median housing value is high, fees charged by the City make up a proportionally smaller percent of the overall cost of the unit than in other communities. City of Saratoga Planning Department Application Fees Development Type Fee Permit Fees Accessory Structure Director Approval $~00 Annexation ' Waiver Request $500 Exempt from LAFCO Review $2,500 Subject to LAFCO Review $5,000 plus LAFCO fee Appeals i To Planning Commission $150 To City Council $250 Building Site Approval (Tent.) $2,500 Building Site Exemption $500 Certificate of Compliance $500 Deposit Construction Trailer Permit $100 JULY 11, 2001 53 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT Table 28 j City of Saratoga Planning Department Appllcatlon Fees Development Type Continuance Request (2na and ea. additional) Design Review Administrative Single Family (Addition to: include demo/new) Single Family (New on Vacant Lot) Multiple Family or Non-Residential (Addition to include demo and new) Multiple Family or Non-Residential (New on Vacant Lot) Accesspry Structure Document Storage Fee Administrative File Public Hearing File Environment Review Environmental Assessment Dept. of Fish and Game Neg. Dec. E.I.R Extension of Approved Application Fence Exception Request General Plan Amendment Geotechnical Review (Deposit) Horticultural Review (Deposit) Lot Line Adjustment/Merging of Parcels Modification of approved application Sign Permit Permits Issued by Staff Permits Issued by PC (Single- Tenant) (Multiple Tenant) Sound wall Permit Storage Permit Tentative Subdivisions Less than ten lots Ten or more lots _ Pee $250 $1,500 $2,500 $3,500 $5,000 $5,000, $1,500 $50 $150 $1,500 $1,250 (DFG) $25 (City) Cost of Consultants plus 35% $1,500 $1,500 $1,500 $3,500 for I S` lodup to $10,000 for each added lot. $1,000 $250 $1,500 $100 $500 $1,500 $500 $100 $5,000 $5,000 plus $150 for each lot over ten • JULY 11, 2001 54 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT • • • . ~ i City of Saratoga Planning Department Application Fees Development Type Fee Use Permit Accessory Structure or Use $1,500 No New Construction $2,500 Addition to (Include Demo and New Construction) $3,500 New Construction on Vacant Lot $5,000 Second Unit: Planning Commission $2,500 Second Unit: Administrative $500 Temporary Use: Planning Commission $500 Temporary Use: Administrative $200 Variance Accessory Structure or Use $1,500 Single Family Main Structure (Addition to include Demo and New) $2,500 (New on Vacant Lot) $3,500 Multiple Family or Non-Residential Main Structure (Addition to include Demo and New) $3,500 (New on Vacant Lot) $5,000 Zoning Ordinance Amendment $3,500 Source: Ciry of Saratoga 2001. On and Off-site Improvement Requirements When new developments are constructed there is a need to improve the land upon which the development is located, or provide improvements in the general area to properly serve the development. These improvements vary depending on whether the development is located on raw land or an infill site. Typical raw land improvements include the installation of sewers, curbs, gutters, and streets. Many infill sites are already equipped with some if not most improvements, particularly streets. Therefore there are usually no dedication or easemetlt requirements. Most of the new construction in the City occurs on existing lots that are being recycled for reuse. JULY 11, 2001 55 DRAFT CITY OF SARATOGA Y HOUSING NEEDS ASSESSMENT ENERGY CONSERVATION OPPORTUNITIES There are many opportunities for conserving energy in new and existing homes. New buildings, by design, can easily incorporate energy efficient techniques into the construction. Since much of Saratoga is already developed, however, it is important to consider the opportunity for energy savings in existing. housing also. According to the U.S. Department of Energy, the concept of energy efficiency in buildings is the building envelope, which is everything that separates the interior of the building from the outdoor environment: the doors, windows, walls, foundation, roof, and insulation. All the components of the building envelope need to work. together to keep a building warm in the winter and cool in the summer. Constructing new homes with energy-conserving features, in addition to retrofitting existing structures, will result in a reduction in monthly utility costs. There are many ways to determine how energy efficient an existing building is and, if needed, what improvements can be made. PG&E offers free home energy audits and can specify areas for energy conservation. Examples of energy conservation opportunities include installation of insulation and/or storm windows and doors, use of natural gas instead of electricity, installation or retrofitting of more efficient appliances and mechanical or solar energy systems, and building design and orientation which incorporates energy conservation considerations. Many modern building design methods are used to reduce residential energy consumption and are based on proven techniques. These methods can be categorized in three ways: Building design that keeps natural heat in during the winter and keeps natural heat out during the summer. Such design reduces air conditioning and heating demands. Proven building techniques in this category include: • location of windows and openings in relatic-n to the path of the sun to minimize solar gain in the summer and maximize solar gain in the winter; • use of "thermal mass," earthen materials such as stone, brick, concrete, and tiles that absorb heat during the day and release heat at night; • "burying" part of the home in a hillside or berm to reduce solar exposure or to insulate the home against extremes of temperature; • use of window coverings, insulation, and other materials to reduce heat exchange between the interior of a home and the exterior; • location of openings and the use of ventilating devices that take advantage of natural air flow (particularly cool evening breezes); • use of eaves and overhangs that block direct solar gain through window openings during the summer but allow solar gain during the winter; and • zone heating and cooling systems, which reduce heating and cooling in the unused areas of a home. JULY 11, 2001 56 ' DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT 2 Buildin orientation that uses natural forces to maintain a comfortable interior g temperature. Examples include: • north-south orientation of the long axis of a dwelling; • minimizing the southern and western exposure of exterior surfaces; and • location of dwellings to take advantage of natural air circulation and evening breezes. - 3. Use of landscaping features to moderate interior temperatures.' Such techniques include: • use of deciduous shade trees and other plants to protect the home; • use of natural or artificial flowing water; and • use of trees and hedges as windbreaks. In addition to natural techniques, a number of modern methods of energy conservation have been developed or advanced during the present century. These include: • use of solar energy to heat water; • use of solar panels and other devices to generate electricity; • window glazing to repel summer heat and trap winter warmth; • weather-stripping and other insulation to reduce heat gain and loss; • use of natural gas for dryers, stovetops and ranges; • use of energy efficient home appliances; and • use of low-flow showerheads and faucet aerators to reduce hot water use. The city's Mediterranean-like climate is typical of coastal northern California with year- round mild temperatures and provides an opportunity to use solar energy techniques to generate electricity, heat water, and provide space heating during colder months, as well. Natural space heating can be substantially increased through the proper location of windows and thermal mass. Use of solar panels can generate 1,000 watts of electricity on a sunny day. This can constitute more than enough power for daily residential operations and a special converter attached to the solar panels can take excess electricity and funnel it back into the PG&E grid. There are local programs that assist low- and moderate-income households in retrofitting their homes. PG&E offers free weatherization to qualified residents, including free attic insulation, weatherstripping and caulking, water heater blankets and low flow showerheads. They also offer rebates on the purchase of certain energy efficient appliances and vouchers for replacing windows, furnaces and other household items. In addition to PG&E, The City uses SHARP funds to offer installation of insulation for low and moderate income rehabilitated homes. State Building Code Standards Policy H.4.O and the supporting policies of the City's 1990 Housing Element requires compliance with Title 24 as discussed below. Compliance with Title 24 will enable homeowners to reduce energy consumption. JULY 11, 2001 57 DRAFT CITY OF SARATOGA HOUSING NEEDS ASSESSMENT The California Ener Commission was created in 1974 by the Warren-Alquist State.. gY Energy Resources Conservation and Development ~~ct (Public Resources Code 25000 et se .). Among the requirements of the new law was a directive for the Commission to adopt energy conservation standards for new construction. The first residential energy conservation standards were developed in the late 1970s (Title 24, Part 6 of the California Code of Regulations) and have been periodically revised and refined since that time. • C7 JULY 11, 2001 SB SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ' ORIGINATING~DEPT: Ci ager PREPARED B AGENDA ITEM: L~ CITY MANAGER: ~~ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -June 6, 2001 Special Meeting -July 10, 2001 REPORT SUMMARY: N/A 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 6, 2001 Attachment B -Minutes/ July 10, 2001 t MINUTES SARA'FOGA CITY COUNCIL June 6, 200:1 The City Council of the City of Saratoga met in open session in the Administrative Conference Room at 4:30 p.m. to interview applica~its for the Youth Commission and Planning Commission. The City Council of the City of Saratoga met iri Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:05 .p.m. Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Employees Association Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Management Association Conference With Legal Counsel -Existing Litigatie~n (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Sar.~ta Clara County Superior Court Doc. No. CV-784560) Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case.) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:02 p.m. and requested Lee Blair, Youth Commissioner, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager _ Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services City Council Minutes 1 June 6, 2001 John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director Paula Reeve, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 6, 2001 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 6, 2001 was properly posted on June 1, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC COMMUNICATIONS FROM BOARDS AND COMMISSIONS James Ballingall, Youth Commissioner, noted that during the past couple of years, kids have been left at the Community Center dances beyond the end of the event. Mr. Ballingall reminded the Council that this was a topic of discussion for the Commission at the joint meeting with the City Council in May. Mr. Ballingall noted that this item has been placed on the first agenda in August 2001. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. COMMENDATION FOR TANNAZ ALTAFI, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the proclamation and noted that Ms. Altafi was unable to attend tonight's meeting. 1B. COMMENDATION FOR LEE BLAIR, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the commendation and presented it to Mr. Blair. • City Council Minutes 2 June 6, 2001 1C. COMMENDATION FOR J!EN LEVIN, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the proclamation and rioted that Ms. Levin was unable to attend tonight's meeting. 1D. COMMENDATION FOR MIEKA SYWA~K, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the proclamation and rioted that Ms. Sywak was unable to attend tonight's meeting. lE. COMMENDATION FOR NICOLETTE DIRK, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the commendation and presented it to Ms. Kirk. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -MAY 8, 2001 ADJOURNED MEETING -MAY 22, 2001 Councilmember Bogosian removed item 2A from the Consent Calendar. Councilmember Bogosian requested the following comments be added to the minutes of May 8, 2001: • Page 8, aid Paragraph -Councilmember Bogosian noted that last year the Chamber was asked by the Council tc- provide sales tax revenue as a standard by which the Chamber's contributions could be judged. The Chamber chose not to discuss that request. BAKER/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 8, 2001 AS AMENDED. MOTION PASSED 3-0-0-2 WITH MEHAFFEY AND STREIT ABSTAINING. Councilmember Bogosian requested the following corrections be made to the minutes of May 22, 2001: • Page 3, aid paragraph -Councilmember Bogosian noted that citizens have asked him why construction has been scaled back at Foothill and Argonaut. Councilmember Bogosian noted.that the current estimate for all of the City Council Minutes 3 June 6, 2001 construction is over $55 million and the bond was passed for roughly $50 million. Councilmember Bogosian questioned why the demographics called for classrooms before the bond, but after there was a cost overrun the demographics no longer called for these classrooms. • Page 4, 3rd paragraph, Councilmember Bogosian noted public safety is our first priority. If the City lost the Vehicle License Funding (VLF) there would have to be cut backs in law enforcement. Councilmember Bogosian suggested that Saratoga Union School District increase teachers salaries. • Page 6, 3rd paragraph, Councilmember Bogosian suggested that the Friends could negotiate payment for custodial services. BAKER/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 22, 2001 AS AMENDED. MOTION PASSED 3-0-0-2 WITH MEHAFFEY AND STREIT ABSTAINING. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve the check register. STREIT/WALTONSMITH MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2C. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT FOR SARATOGA PUBLIC LIBRARY PROJECT -TEMPORARY FACILITIES STAFF RECOMMENDATION: Approve authorization to execute contract. John Cherbone, Director of Public Works presented staff report. Director Cherbone reported that sealed bids for the Saratoga Public Library Project -Temporary Facilities were scheduled to open on May 31. Unfortunately, no bids were received on the project. Interviews with the plan holders suggested various reasons for not submitting bids such as; too many current projects and being uninterested in participating in the public bid process. Director Cherbone explained that staff was able to negotiate a construction contract and lease agreement with William Scotsman Modular Buildings of Vacaville in time to award a contract at tonight's meeting. Director Cherbone noted that with the legal bid process completed, and no bids received, the City was able to legally negotiate with interested contractors in a less formal manner. William Scotsman was the only contractor interested in this project. Councilmember Bogosian asked if the amount of this project was within the budgeted amount set for temporary library facilities. City Council Minutes 4 June 6, 2001 Director Cherbone responded that the amownt was within budget, leaving $20,000.00 for utility work needed on the temporary site. Director Cherbone noted that the contractor has been instructed to complete this project by August 10, 2001. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT TO WILLIAM SCOTSMAN MODULAR BUILDING OF VACAVILLE IN THE AMOUNT OF $256,017.00. MOTION PASSED 5-0. BOGOSIAN/WALTONSMI'I'H MOVED TO AUTHORIZE-STAFF TO EXECUTE CHANGE ORDERS -TO THE CONTRACT UP TO $46,600.00. MOTION PASSED 5-0. 2D. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO ABLE SEPTIC TANK SERVICE FOR S.c~NITARY SEWER CONNECTION STAFF RECOMMENDATION: Approve authorization to execute contract. Councilmember Baker removed Item 2D from the Consent Calendar. Councilmember Baker questioned a portion of the Septic Abatement Ordinance - that the decision to fund or exempt any homeowner for financial reasons or to pay for their sewer connection out of the special fund set aside, was a subject restricted only to members of the City Council. Richard Taylor, City Attorney, responded that the ordinance states that the Council would make hardship determination: for extensions of up to five years. The action before the Council tonight is taken under the City's CDBG program, which is to provide money for prompt compliance. City Attorney Taylor explained that the Septic Abatement Ordinance only addresses the time extension question and not the financial assistance question. Councilmember Baker asked'who determiners the need for CDBG money. City Attorney Taylor responded that an established criteria for CDBG exists that defines who is eligible to receive these funds. Paula Reeve, Administrative Analyst, responded that the criteria is based on a program income limit for persons and households and the City receives that criteria from the County Housing and Community Development. Councilmember Baker expressed concern on the fact that the Council does not know whom the identity of the person receiving CDBG money. Councilmember Baker suggested that this item be considered. under a closed session agenda, if disclosure of CDBG recipient information is; restricted due to rights of privacy. City Council Minutes 5 June 6, 2001 City Manager Anderson noted that this is aloes-income program and staff felt it was appropriate to withhold_the party's identity and allow them to avoid any public exposure. City Attorney Taylor responded that there is no basis under the Brown Act to hold a closed session meeting on this subject. City Attorney Taylor noted that the County has determined that this party has met the criteria and qualifies for CDBG money. Councilmember Baker noted that he does not agree with the County's process. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT TO ENABLE SEPTIC TANK SERVICE FOR SANITARY SEWER CONNECTION. MOTION PASSED 4-1 WITH BAKER OPPOSING. Mayor Mehaffey noted that it was the appropriate time to begin the public hearings. PUBLIC HEARINGS APPROVAL OF ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENTS FOR FY 2001-02 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT LLA-1 TITLE OF RESOLUTION: 01-034 A RESOLUTION OF THE CITY COUNCIL ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FY 2001-02 LLA-1 STAFF RECOMMEl\'DATION: Adopt Resolution Ordering the Improvements and Confirming Diagram and Assessments for FY 2001-02. Director Cherbone presented staff report. Director Cherbone requested that the City Council adopt the final Resolution in order to complete the renewal of the Landscaping and Lighting Assessment District LLA-1 for FY 2001-02. Once adopted, the Resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal year. Director Cherbone noted that per the direction of the Council, staff sent informational letters to each property owner within each Zone in the Assessment District describing what the District's function is and what the amount of their proposed assessment will be. A total of 3,798 letters were mailed. Mayor Mehaffey opened the public hearing at 7:33 p.m. and invited any public comments. No one from the audience requested to speak on this subject. City Council Minutes 6 June 6, 2001 Mayor Mehaffey closed the public hearing a1; 7:34 p.m. BAKER/STREIT MOVED TO ADOPT RESOLUTION ORDERING THE ASSESSMENT FOR LLA-1~ FOR FY 2001-OZ. MOTION PASSED 5-0. 4. APPEAL OF PLANNING COMMISSION DENIAL OF DR-00-054 & V-Ol- 002 (517-14-087) - MARTIN/ROSE, KITT]RIDGE ROAD STAFF RECOMMENDATION: Continue Public Hearing at the request of Ci1.y Staff. Tom Sullivan, Director of Community Development, presented staff report. Director Sullivan explained that the applicant has requested Design Review and Variance approval to construct a new 7,272 square foot two story residence on a 347,173 square foot vacant parcel. The Variance is necessary for the retaining walls to exceed five feet in height and possibly closer than 10 feet for parallel walls. The Variance is also necessary to exceed 15,000 square feet of impervious surface due to a long driveway. Maximum height of the structure is 226 feet tall, located within a Hillside Residential zoning district. Director Sullivan explained that due to concerns of drainage affecting the lower elevation property the project was appealed. Staff visited the site and made recommendations/revisions to the plans. To date the applicant's engineer is still working on the design, and progress is moving forward, although not yet resolved. Director Sullivan requested that Council continue the item to the June 20, 2001 meeting to allow the design to be finalized acid agreed upon by both parties. STREIT/BAKER MOVED TO CONTINUIE; APPEAL TO THE JUNE 20, 2001 CITY COUNCIL MEETING. MOTION PASSED 5-0. 5. RESOLUTIONS ADOPTING THE CITY BUDGET FOR FISCAL YEAR 2001-02 AND 2002-03. TITLE OF RESOLUTION: 85-9. 130 A RESOLUTION OF THE CITY OF SARATOGA AMENDING THE CITY'S CLASSIFICATION PLAN TITLE OF RESOLUTION: 85-9.131 A RESOLUTION OF THE CITY OF SARATOGA IMPLEMENTING STAFFING CHANGES AND AUTHORIi~ING POSITIONS IN THE CITY SERVICE FOR FY 2001-02 TITLE OF RESOLUTION:, 01-038 A RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING THE FY 2001-02 APPROPRIATION LIMIT FOR THE CITY OF SARATOGA City Council Minutes 7 June 6, 2001 TITLE OF RESOLUTION: 01-037 RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES TITLE OF RESOLUTION: 01-036 A RESOLUTION OF THE CITY OF SARATOGA ADOPTING THE BUDGET FOR FY 2001-02 & 2002-03, MAKING APPROPRIATIONS, AND AUTHORIZING CARRYOVERS THERETO AND EXPENDITURES THEREFROM STAFF RECOMMENDATION: Conduct the Public Hearing to receive input on the Fiscal Years 2001-02 and 2002-2003 budget; 2. ADOPT THE FOLLOWING RESOLUTIONS: A. Resolution of the City Council of the City of Saratoga amending the City's Classification Plan. B. Resolution of the City Council of the City of Saratoga implementing staffing changes and authorizing positions in the City service for FY 2001-02. C. Resolution of the City Council of the City of Saratoga establishing the FY 2001-2002 Appropriation Limit. D. Resolution of the City Council of the City of Saratoga establishing a schedule of fees. E. Resolution of the City Council of the City of Saratoga adopting the budget for FY 2001-02 and 2002-03 making appropriations and authorizing carryovers thereto and expenditure therefrom. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker noted that the City Council was given a draft budget on Apri127th and two study sessions were held on May 2, 2001 and May 16, 2001. Mayor Mehaffey opened the public hearing at 7:41 p.m. and invited any public comments. No one from the audience requested to speak on this subject. Mayor Mehaffey closed the public hearing at 7:42 p.m. Vice Mayor Streit noted that the City should look at the Fee Schedule at midyear due to the fact that prices (ie. PG&E and payroll) are rising and the City should make sure we are getting full cost recovery. Mayor Mehaffey noted that the Park Development fee seems low and concurred with Vice Mayor Streit on reviewing the fees in six months. STREIT/BAKER MOVED TO ADOPT RESOLUTION AMENDING THE CITY'S CLASSIFICATION PLAN. MOTION PASSED 5-0. City Council Minutes 8 June 6, 2001 STREITBAKER MOVED TO ADOPT RESOLUTION IMPLEMENTING STAFFING CHANGES AND AUTHORI:ZING POSITIONS IN THE CITY SERVICE FOR FY 2001-02. MOTION PASSED 5-0. STREITBAKER MOVED TO ADOPT RESOLUTION ESTABLISHING THE FY 2001-02 APPROPRIATION LIMIT. MOTION PASSED 5-0. STREITBAKER MOVED TO ADOPT RESOLUTION ESTABLISHING A SCHEDULE OF FEES. MOTION PASSED 5-0. STREITBAKER MOVED TO ADOPT RESOLUTION ADOPTING THE BUDGET FOR FY 2001-02 AND 2002-03 MAKING APPROPRIATION.' THEREFROM. MOTION PASSED 5-0. Mayor Mehaffey thanked Director Walker. Mayor Mehaffey requested the Council move to Item #8. Consensus of the City Council to move to Item #8. NEW BUSINESS 8. FIRE SERVICE ENHANCEMENT OPT][ONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the City Council met at an adjourned meeting with the Public Safety Commission on April 24, 2001 and held a public forum on Fire District issues at that meeting. As an outcome of the public forum, the City Council instructed staff to place an item on the regular Council agenda to allow for discussion to consider three questions: 1) Should the City conduct further studies of Fire District service enhancement issues to provide more information and analysis that would lead to clear resolution of the issue? 2) Following such a study should the City initiate an election of Saratoga residents to provide advice or compel a specific outcome concerning the resolution of the Fire District service enhancement issue? 3) Should the City Council halt the con:;truction of the new fire station because of Fire District service enhancement issues? City Manager Anderson explained that DMCi Maximus has extensively studied the enhancement of service delivery options or consolidation with Central Fire District. Their study was published m October 2000. On March 8, 2001 the Saratoga Public Safety Commission Study Committee released its Report on City Council Minutes 9 June 6, 2001 Fire Protection Delivery. The Study Committee's mission was to "evaluate the adequacy of the current fire protection delivery system to meet the basic public safety and paramedic needs of Saratoga,residents and businesses." The Committee's primary finding was that the District was adequate. City Manager Anderson noted that on Apri14, 2001, the Firefighters and Citizen's Task Force (FACT) issued a rebuttal to the report published. by the Public Safety Commission, objecting to its conclusions. The FACT report supports the proposed N.F.P.A. Standard 1710 as the definition of an appropriate fire response effort, which requires 13 firefighters. The report also stated that the Saratoga Fire District invokes mutual aid on every structure fire in Saratoga, overusing a voluntary reciprocal program and delaying the response of needed additional fire apparatus to the scene of the fire. City Manager Anderson noted that on March 15, 2001 the Saratoga Fire District issued an RFP for contract fire protection emergency medical, and communications services. The Santa Clara County Central Fire Protection District and California Department of Forestry provided responses to the SFD on May 7, 2001. A public hearing to review the RFP from CDF and Central Fire is scheduled for June 12, 2001. City Manager Anderson noted that staff is recommending that Council encourage the SFD to focus on the RFP process and follow it through to its conclusion in a fair, open and public manner. In regards to holding an election, to ascertain the will of the voters, City Attorney Taylor explained two approaches the City could take; 1) Advisory election, which is not binding on Council or any other District and with the approval from the County Board of Supervisor, people residing outside city limits could participate; 2) LAFCO process, which means any organizational changes ordered by LAF'CO require the approval of the voters within the territory directly affected by the proposed changes. In regards to the fire station construction, City Attorney Taylor explained that the Planning Commission would be reviewing the SFD's applications for a use permit and temporary use permit on June 13, 2001. The Planning Commission would be considering the land use implications allowing the respective project site to be used as an expanded fire station and temporary fire station. Because the organizational and operational issues do not pertain to the land use issue relating to the use of the land upon which the stations will be located, those issues have no bearing on the use permit issue. Central Fire has informed the City that the building design proposed by SFD would work under any scenario contemplated by the Commission. Kevin Scholt, 19036 Saratoga Glen, explained the proposed County merger with SFD. City Council Minutes 10 June 6, 2001 Aaron Katz, PO Box 116, commended City ]Manager Anderson for an excellent report. Mr. Katz noted he supports both an advisory election and participation in the LAFCO process. Mr. Katz offered two more alternatives; 1) the City not allow the SFD to use the 531 square feet of public land; 2) the City might exercise their power of imminent domain. John Keenan, 22215 Mt. Eden Road, thanke-i City Manager Anderson for his efforts in working with the SFD. If the SFD goes with the proposed boundary drop, an oversight committee is required to lr-e formed. The proposed oversight committee would include a member. of the City Council. Mr. Keenan suggested the committee make the SFD accountable for their actions. David Dolloff, 20685 Sigal Way, thanked Mr. Anderson for his report and noted that the report was along the same beliefs of the FACT committee. In regards to the bond that was passed, Mr. Dolloff noted that the FACT committee feels that there is going to be an c-verage of $1-$2 million dollars. Mr. Dolloff explained that there are only 4000 households carrying the bond and if the amount goes over, he doubts residents would support another bond. Ed Farrell, 20877 Kittridge Road, noted that he listened to the tape recording of the study session meeting between the Saratoga Fire Commission and bidders to the RFP. Mr. Farrell noted that County Fire offered three proposals to SFD. Mr. Farrell suggested that the Commission t;~lce the proposals as malleable and subject to improvement. Councilmember Baker noted that on June 12, 2001 the SFD would be holding a public hearing to discuss all of the RFP's and asked when the Saratoga Fire Commission would be making a decision on which RFP to accept. Bob Eagan, Saratoga Fire Commissioner, responded that the Commission hopes to make a decision that evening. Mayor Mehaffey noted that the City Council. should not make any decisions in regards to fire protection service until after the Saratoga Fire Commission completes the RFP process and the Planning Commission reviews the SFD plans. Vice Mayor Streit noted he is not happy with the current joint fire protection service in the City, and stated that he would take action if the situation does not change. Councilmember Bogosian noted he supported continuing the building process of the new station. Councilmember Bogosian thanked everyone who has participated in the process thus far. Mayor Mehaffey thanked City Manager Anderson for all the work he has done in regards to this issue. City Council Minutes 11 June 6, 2001 Mayor Mehaffey declared aten-minute recess at 8:30 p.m. Mayor Mehaffey reconvened the meeting at 8:40 p.m. OLD BUSINESS 6. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO PERMA-GREEN HYDROSEEDING INC. FOR CONGRESS SPRINGS PARK STAFF RECOMMENDATION: Approve authorization to execute contract. TITLE OF RESOLUTION: 01-035 RESOLUTION OF THE CITY COUNCIL MAKING APPROPRIATE ADJUSTMENTS OF THE FY 2000-01 BUDGET Director Cherbone presented staff report. Director Cherbone explained that sealed bids for the Congress Springs Park Improvement Project were opened on May 31, 2001. A total of two contractors submitted bids. Perma-Green Hydroseeding, Inc. of Gilroy submitted the lowest bid of $1,440,125.00, which is 11 % below the Engineer's Estimate of $1,619,665.00. The recommended contract award amount of $1,020,350.00 includes bid items lthru 33 (base bid items) and 42a (the City received donations for this included bid item). The recommended award amount is 3% below the corresponding engineers estimate for the same bid items and will allow for construction of the basic infrastructure improvements. Director Cherbone requested that the City purchase the project turf from West Coast Turf in the amount of $115,000.00 for their Tifway 2 turf variety. The City's turf consultant recommended this turf to be the best variety for the needs for Congress Springs Park. West Coast Turf is the sole source for this turf variety. Director Cherbone noted that in order to award a construction contract, it is necessary to increase the budget for this project by $200,000.00. Director Cherbone reported that to date the City has received $5,000.00 in donations towards the Project. Councilmember Baker asked if there were any items that were left out that are critical to the parks development. Director Cherbone responded that masonry backstops and interlocking paving stones were left out but would be good character building items in the park. Vice Mayor Streit noted that a bathroom near the t-ball field was also left out and it is another critical item. City Council Minutes 12 June 6, 2001 Mark Linsky, President/AYSO, 14240 Barksdale Court, noted that youth soccer in Saratoga has increased ?.0%in participation. Mr. Linsky reported that last night at the AYSO Board meeting, the Board approved a $16,000 donation for goals. Mr. Linsky noted that recently two AYSO members have purchased two flagpoles. Mr. Linsky reported that AYSO volunteers would be selling bricks at every game. Keith Simon, PresidentlSaratoga Little League, 20450 Montalvo Lane, announced that the Saratoga Little League Board approved $25,000 initial donation to the Congress Springs Park Project and possibly up to $100,000.00 in future donations. Mr. Simon thanked the City Council and staff for all their efforts. Councilmember Waltonsmitl requested that an article in regards to the bricks be published in the next Saratogan. Director Cherbone noted that an article would appear in the next Saratogan and also the donation booklet is on the City's website. STREITBAKER MOVED TO ADOPT RESOLUTION MAKING APPROPRIATION AD~'fUSTMENTS TO THE FY 2000/01 BUDGET IN CONNECTION WITH THE CONGRESS SPRINGS PARK IMPROVEMENT PROJECT. MOTION PASSED 5-0. STREITBAKER MOVED TO DECLARE PERMA- GREEN HYDROSEEDING. INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. MOTION PASSED 5-0. STREIT/BAKER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT WITH PERMA-HYDROSEEDING. INC. IN THE AMOUNT OF $1,020,350.00. MOTION PASSED 5-0. STREITBAKER MOVED TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO CONTRACT UP TO $75,000.00. MOTION PASSED 5-0. STREITBAKER MOVED TO PURCHASE TIFWAY 2 TURF FROM WEST COAST TURF IN THE AMOUNT OF $115,000.00. MOTION PASSED 5-0. 7. SEPTIC ABATEMENT PROGRAM STATUS REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Director Cherbone presented staff report. Director Cherbone reported that the report was prepared jointly by the Public Works Department and the City Attorney's Office to provide the Council with a comprehensive assessment of the technical and legal issue to be considered. Director Cherbone noted that the report is in two parts; 1) update on compliance City Council Minutes 13 June 6, 2001 rate of the existing Septic Abatement Ordinance; 2) various options the City could .take to increase water pollution controls in the City. Director Cherbone noted that the City initiated the new septic abatement ordinance in 1999 by collecting lists of properties from the West Valley and Cupertino Sanitation Districts that were believed to be subject to its requirements. Of the 586 properties identified by the districts, staff was able to remove many that were either undeveloped. parcels or properties that had connected to sanitation systems but were absent from the district's records. Director Cherbone explained that a notice dated February 22, 2000 was sent to each of the remaining property owners notifying them of their responsibility. The notice gave them six months to comply with the ordinance. The deadline was , August 21, 2000. Of the 586 properties noticed, 221 properties did not respond. In order to insure that property owners received proper notice of the requirement, Council directed staff to send one final notice to the 221 noncompliant property owners giving them 45 additional days to comply with the ordinance. On February 23, 2001, the final notice was sent via certified mail. Director Cherbone briefly explained the breakdown of the 586 properties: • Connected to Sanitary Sewer 270 • Vacant Parcel 102 • Extension Granted 56 • Exempt (No Easement/Right-of--Way) 20 • Exempt (Inadequate Grade) 20 • Exempt (Greater than 200 ft.) 5 • Connection Permit issued 33 • Misc. Exempt (Not in City) 1 • Noncompliance (No Response) 59 • Noncompliance (Undeliverable) 8 • Noncompliance (Communicating w/City) 12 Director Cherbone noted that of the 79 noncompliant properties, 67 have been sent a Notice of Intention to Record a Notice Noncompliance via certified mail. Additionally, a copy of this notice is required to be physically posted on the noncompliant property. The remaining 12 noncompliant properties have been in constant contact with the City and are trying to comply with the ordinance. Staff recommends that these properties be issued the Notice of Intention. Director Cherbone noted this part of the report describes 1) the City's ongoing water quality protection programs; 2) water quality in Saratoga creeks in relation to national water quality standards; 3) potential sources of continuing water quality problem in Saratoga Creeks; 4) potential strategies to address those water quality problems. Director Cherbone noted the following findings: 1) Water Quality Protection Programs -The City has adopted an ordinance to promote connections of properties currently served by septic systems to the local sewer system. The City is working with the West Valley Sanitation District to identify potential sewer-related sources of contamination and have successfully abated two major pollution sources. City Council Minutes 14 June 6, 2001 The City has also posted signs along Saratoga Creek warning of the contamination. 2) Current Water Quallity Conditions -Despite the progress in the City's on going water quality protection programs, fecal coliform levels in Saratoga Creek and other waterways exceed national standards for the protection of human health and the environment. 3) Potential Sources of 'Contamination -Based on circumstances in the area and a review of available technical literature on the subject, the probable sources of contamination are septic systems and faulty sewer lines. 4) Potential Strategies ffor Response -There are a number of options available to the City. The City has implemented increased public education efforts and stepped-up code enforcement. To limit contamination from faulty sewer systems the City could adopt regulations establishing minimum construction, maintenance, and/or performance standards for sewer laterals connecting homes and businesses to the sewer system. To limit contamination from the City's remaining septic systems, the City could require regular maintenance and could also require removal of those septic systems near creeks that pose the greatest risks to City waterways. Don Whetstone, 14768 Vickery Avenue, commended City Attorney Taylor, Director Cherbone, and the Public Works Department for the excellent work everyone has done. Mr. Whetstone noted that he feels afive-year extension is too long to allow a property owner to comply with the ordinance. Mr. Whetstone noted he supported modifying the current abatement ordinance including stricter lateral system requirements. Councilmember Bogosain commended City Attorney Taylor and Director Cherbone for a thorough report. Councilmember Bogosian noted that he has been on the Council since the contamination was first detected and feels the City has taken the most effective steps to correct the problem. Councilmember Bogosian expressed the following steps he feels the City of Saratoga should take: • Identify the properties that are exempt because they are below grade exemption and require them to connect to the sewer system. • Inspection and upgrading of lateral at the point of sale. • Continue testing in conjunction with the sanitation districts and the water company. • Joint meetings with the sanitation districts. Councilmember Baker noted that the West Valley Sanitation Department has cooperated with the City of Saratoga from the beginning. Councilmember Baker noted he does not support enacting any new ordinances. Councilmember Baker noted that he does support looking at the properties directly adjacent to or abutting. to one of the five creeks in the City of Saratoga, and suggested that the City try to work with the property owners on a one-on-one basis. Councilmember Waltonsmith noted that her concern is with the 25 properties that abut against the creek. Councilmember Waltonsmith noted that she would like to see those properties connect to the sanitary system and perhaps offer some City Council Minutes 15 June 6, 2001 financial assistance. Councilmember Waltonsmith commented that when a property owner remodels an older home this is the time, in addition to the sale of the home, to investigate their lateral system. Vice Mayor Streit noted he supports investigating the 25 properties that abut the creek and encourage sanitary connection. If they do not cooperate then he would support a new ordinance. Mayor Mehaffey noted that he concurred with his colleague's ideas and thanked Mr. Whetstone for his perseverance.and efforts that he has put-into this issue. Councilmember Bogosian stated for the record that he does not support offering financial assistance to people who still are exempt from the ordinance. Mayor Mehaffey questioned if staff was clear on the Council's direction. City Attorney Taylor reiterated the following directions from Council: • Amend the current ordinance regarding the condition of sewer laterals • Implement a process at the time of resale and remodeling of the lateral system of a property • Look more closely at the properties near the creeks and identify options to get them connected and streamline the process in a cooperative fashion with the property owners. Mayor Mehaffey thanked Director Cherbone and City Attorney Taylor for the report. CONSENT CALENDAR -CONTINUED 2E. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO KLEINFELDER, INC. FOR ENVIRONMENTAL MONITORING OF FUEL TANKS STAFF RECOMMENDATION: Approve authorization to execute contract. Director Cherbone noted that the proposal before the Council tonight was from Kleinfelder Inc. for the amount of $14,500.00 for design and engineering services for the Saratoga Corporation Yard Fuel Leak Mitigation Project. Director Cherbone explained that pursuant to a leaking UST (underground storage tank) at the City of Saratoga Corporation Yard, the City acted to perform repairs to the tank, and to restore the surrounding contaminated soil. The repair effort occurred during 1997, with final certification for the successful tank cleanup received in 1998. Director Cherbone noted that following the tank repair, a fuel leak was found in the line between the fuel island and the storage tank. The leak was promptly stopped. Upon investigating the soil around the pipe leak, small amounts of City Council Minutes 16 June 6, 2001 MTBE were detected. This finding resulted in the Santa Clara Valley Water District opening an investigation of the site. To satisfy and close the investigation, the City must show that no contamination is present in the surrounding soil. In order to avoid penalties and to ensure that the City is reimbursed by the State, the City's compliance effort should begin immediately. 2F. 2G Councilmember Bogosian asked how the Santa Clara Valley Water District determined that the soil was contaminated. Director Cherbone explained that the District had an environmental consultant come out to the site and perform tests on the soil. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT TO KLEINFELDE INC FOR ENVIRONMENTAL MONITORING OF FUEL TANKS. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO AWARD OF CONTRACT TO NOLL & TAM ARCHITECTS FOR CIVIC CENTER MASTER PLAN PROJECT STAFF RECOMMENDATION: Approve authorization to execute contract. STREITBOGOSIAN MOVED TO AWARD CONTRACT TO NOLL & TAM ARCHITECTS FOR CIVIC CENTER MASTER PLAN PROJECT. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO EXECUTE CONTRACT WITH ALLISON KNAPP FOR PLANNING SERVICES STAFF RECOMMENDATION: Approve authorization to execute contract. BOGOSIAN/STREIT MOVED TO EXECUTE CONTRACT WITH ALLISON KNAPP FOR PLANNING SERVICES AND AMEND COMMUNITY DEVELOPMENT BUDGET IN THE AMOUNT OF $25,000.00. MOTION PASSED 5-0. City Manager Anderson noted that Director Sullivan has requested an amendment to the Community Development Department budget of $25,000.00 in next year's budget to allow Ms. Knapp to continue her planning contract with the City of Saratoga. Director Walker noted that the resolution that was passed earlier tonight could be amended to reflect the additional funds. City Council Minutes 17 June 6, 2001 BOGOSIAN/STREIT MOVED TO AMEND THE RESOLUTION ADOPTING THE BUDGET FOR FY 2001-02 AND 2002-03 MAKING APPROPRIATIONS AND AUTHORIZING CARRYOVERS THERETO AND EXPENDITURES THEREFROM ADDING $25.000.00 TO THE COMMUNITY DEVELOPMENT'S BUDGET. MOTION PASSED 5-0. 2H. APPROVE THE SERVICE DELIVERY PLAN FOR LAW ENFORCEMENT CONTRACT AND AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH COUNTY OF SANTA CLARA FOR FY 2001-02 STAFF RECOMMENDATION: Approve Plan and authorization to execute contract. Councilmember Bogosian asked when the Sheriff s Department would be returning to Council with a report reflecting the effectiveness of the directed enforcement traffic controls. City Manager Anderson responded that the Sheriff's Department would be returning to Council with a comprehensive review of the status of its effectiveness in September 2001. Councilmember Bogosian asked why the Deputy assigned to be the School .Resource Officer was operating 4 days a week 10 hours a day. Councilmember Baker asked what that Deputy did when school was not in session. Analyst Reeve responded that the deputies' workweek schedule is prepared according to the Department's contract with them. Analyst Reeve noted that she would contact Captain Miles and inquire what the Resource Officer did when school was not in session. BOGOSIAN/STREIT MOVED TO APPROVE THE SERVICE DELIVERY PLAN FOR LAW ENFORCEMENT CONTRACT AND EXECUTE CONTRACT WITH COUNTY OF SANTA CLARA. MOTION PASSED 5-0. 2I. RESOLUTION UPHOLDING A PLANNING COMMISSION DENIAL OF DR-00-036 (397-OS-091) -SAN FILIPPO/SOBEY ROAD STAFF RECOMMENDATI Adopt resolution. TITLE OF RESOLUTION: 01-033 RESOLUTION OF THE CITY COUNCIL DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION; APPLICANT/APPELLANT-SAN FILIPPO; SOBEY ROAD (APN 397-05- 091); DR-00-036 City Council Minutes 18 June 6, 2001 BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION UPHOLDING A PLANNING COMMISSION DECISION DENIAL OF DR- 00-036 -SAN FILLIPPO/SOBEY ROAD. MOTION PASSED 3-1-0-1 WITH BAKER OPPOSING AND STREIT ABSTAINING. NEW BUSINESS 9. GRANT WRITER SERVICE PROVIDERS STAFF RECOMMENDATION: Accept report and direct staff accordingly. i Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that the City Council requested that staff research various options regarding professional grant writing services for the City of Saratoga. Staff called Cities of Cupertino, Los Gatos, Campbell, Sunnyvale, and Monte Sereno in an effort to determine how these cities handle their grant writing services. The response from each city indicated City staff at the individual department level processed their own grant material. Due to higher level of staffing, these cities are able to handle this function with little disruption to the individual departments. Analyst Bloomquist reported that staff also researched professional grant writing services and briefly explained the costs and procedures of the different venders. Analyst Bloomquist noted that if Council so desires, staff could send out a Request for Proposals (RFP) to seek out the services of a professional grant writer. Consensus of the City Council to proceed with the RFP process to obtain grant writing services. 10. LEAGUE OF CALIFORNIA CITIES -GRASSROOTS NETWORK COORDINATOR STAFF RECOMMENDATION: Authorize Mayor to submit ballot on behalf of the Saratoga City Council. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that the Grassroots Coordinator Network proposal was developed by a task force authorized by the League Board of Directors as part of its strategic planning process. It responds to the deep frustration of many local officials about the cities' loss of political influence, compared with other better-positioned interest groups that contribute millions of dollars to political campaigns. The goal of the Grassroots Network is to focus on major issues of concern to all cities such as fiscal reform, increased funding for transportation and local control. Cities will benefit from the increased visibility of city issues in local and statewide media, and by holding legislators accountable back home for the votes they cast in Sacramento. • • • City Council Minutes 19 June 6, 2001 City Clerk Boyer reported that the proposal to create a Grassroots Coordinator Network is under active consideration by cities throughout the states at this time. Any dues increase, if approved, will be effective July 1, 2001. Since the League operates on a calendar year basis, the dues increase for the Grassroots Coordinator Network will be prorated for the last half of 2001 and the invoice due in July will equal one-half of the annual amount required to implement the grassroots program. Because city budgets usually run July-June, and the League dues are billed by calendar year, the League recommends that cities budget enough to cover the grassroots network for aneighteen-month period July-December. If the membership approves the Network, the League would . bill in July for the six-month period July-December. Then in December 2001, the League will send out notices to cities for the 12 months in 2002. The recommended budget amount includes costs for the grassroots program for 18- months, plus regular League dues adjusted by projected 4% cost of living increase. City Clerk Boyer stated that on April 28, 2001 the League of California Cities Board unanimously approved the Grassroots Network for submission to the membership, proposing an amendment to the League bylaws to finance the addition of 14 new staff in ten new offices as part of the new grassroots network to promote the League's core legislative priorities. In order to implement the Grassroots Coordinator Network it would take 2/3 of the voting cities to approve the dues increase and an amendment to the by-laws. City Clerk Boyer noted that the League of California Cities has provided a ballot in order for the City Council to vote on the proposed Grassroots Network. The deadline to submit the ballot is June 29, 2001. ' Director Walker noted that if the Grassroots Network were passed, there would be a $3,300.00 increase in the City's dues annually. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE MAYOR TO VOTE AFFIRMATIVELY ON THE PROPOSED GRASSROOTS COORDINATOR NETWORK ON BEHALF OF THE CITY OF SARATOGA. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Councilmember Baker noted that Cynthia Barry is doing a good job as the Chair for the Planning Commission. Councilmember Bogosian had nothing to report. Mayor Mehaffey noted due to his schedule he is unable to continue to be the Council liaison to the Finance Commission and requested a replacement. S Vice Mayor Streit noted that the Parks and Recreation Commission held their first meeting with Steve Kakuchi to discuss Azule Park. Vice Mayor Streit noted that the Commission is still working on the needs assessment report of the City's parks. City Council Minutes 20 June 6, 2001 Councilmember Waltonsmith noted the Youth Commission interviews were held prior to tonight's meeting and selections should be made soon. Councilmember Waltonsmith noted that the Sister Cities Committee would be sending ten Saratoga youths to Japan and requested a letter from the Mayor to accompany them. On August 10, 2001, Councilmember Waltonsmith reported that ten youths from Japan would be visiting Saratoga and touring City Hall. CITY COUNCIL ITEMS Councilmember Bogosian requested, that the City's intentions in regards to the interest generated from the library bond be agendized. Councilmember Waltonsmith supported Councilmember Bogosain's request. Councilmember Waltonsmith reminded everyone the Union Pacific Railroad Trail Feasibility Study meeting was on June 7, 2001. Mayor Mehaffey noted that he received a request from the newest member of the Planning Commission, Mike Garakani, to have a joint meeting with the Commission sometime in July 2001. City Manager Anderson noted that he would arrange the meeting and would report back to the Council. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Mehaffey adjourned the meeting at 11:10 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • • • City Council Minutes 21 June 6, 2001 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING July 10, 2001 The City Council of the City of Saratoga met in a Special Meeting on July 10, 2001 at Administrative Conference Room, 13777 Fruitvale Avenue at 6:10 p.m. Vice Mayor Streit called the Special City Council meeting to order at 8:05 a.m. and requested Cathleen Boyer, City Clerk, to lead the Pledge of Allegiance. - ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evan Baker, Vice Mayor Nick Streit, ABSENT: Stan Bogosian, Mayor John Mehaffey ALSO Dave Anderson, City Manager PRESENT: Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk John Cherbone, Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 10, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 10, 2001 was properly posted on July 6,.2001. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COMMUNICATIONS FROM PUBLIC No one requested to speak at tonight's meeting. NEW BUSINESS SARATOGA AVENUE LEFT TURN LANE AND MEDIAN IMPROVEMENTS STAFF RECOMMENDATION: Approve amendment to contract with Duran & Venables Inc. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that in order to facilitate safe motor vehicle, pedestrian, and bicycle access into and out of the temporary library site, located at Sacred Heart City Council Minutes February 27, 2001 Church, it is necessary to construct various frontage improvements along Saratoga Avenue. A left turn lane pocket for motor vehicles on Saratoga Avenue and pedestrian pathway and bicycle lane improvements along the frontage of the Church property and the Heritage Orchard will be constructed to facilitate the safe access. Additionally, drainage, striping, and other various site improvements are included in the scope of work to prepare for the site for the temporary, library. Director Cherbone noted that staff recommends that Duran &Venables, who has a current contract with the City, perform the work. Director Cherbone explained that it is recommended that Council approve an increase to the existing City construction contract with Duran &Venables, Inc. in the amount of $116,037.00 and $40,000.00 to cover any unforeseen circumstances, which may arise during the course of the work, and to perform temporary utility service improvements. Director Cherbone presented a site map of the proposed improvements along Saratoga Avenue and explained the map to the Council in detail. Councihnember Streit asked what account would provide funding for this project. Director Cherbone explained that $11,265.00 for site improvements and up to $30,000 for change orders for utility improvements would be allocated from the Library Expansion account and the rest of the funding would be allocated from Street Maintenance and Contract Services accounts. BAKER/WALTONSMITH MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT TO CONTRACT WITH DURAN & VENABLES INC. IN THE AMOUNT OF $116,037.00 FOR WORK IN CONNECTION WITH THE INTERIM LIBRARY. MOTION PASSED 3-0-2 WITH BOGOSIAN AND MEHAFFEY ABSENT. BAKER/WALTONSMITH MOVED TO AUTHORIZE CHANGE ORDERS IN CONNECTION WITH AMENDED CONTRACT WITH DURAN & VENABLES INC. IN THE AMOUNT OF $40,000.00. MOTION PASSED 3-0-2 WITH BOGOSIAN AND MEHAFFEY ABSENT. CITY COUNCIL ITEMS Councihnember Waltonsmith noted that she received an email from Don Whetstone and requested that it be discussed at a future meeting. OTHER None CITY MANAGER'S REPORT None • City Council Minutes 2 July 10, 2001 _ ADJOURNMENT There being no further business, Vice Mayor Streit declared the meeting adjourned at 8:16 a.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • • City Council Minutes 3 July 10, 2001 • • • '? SARATOGA CITY COUNCIL L ~"-"~~ MEETING DATE: July 18, 2001 AGENDA ITEM: ~~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~ PREPARED BY: r ,~) " (!VD I~DEPT HEAD: J ~~y' ~~ SUBJECT: Check Register 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. CHECK REGISTER CERTIFICATION Fiscal pear 00/01 Fund# Fund Name Date Manual Void Total 6/22/01 Checks Checks AP CHECKS A85395-85685 1 GENERAL 321,344.74 13, 508,64 1'00 COPS-SLESF 1.10 Traffic Safety 150 Streets & Roads 21,412.30 . 160 Transit Dev 170 Hillside Repair 180 LLA Districts 12,193.51 250 Dev Services 61,190.57 3,070.00 260 Environmental 270 Housing & Comm - 290 Recreation 28,150.71 292 Facility Ops 3,828.37 293 Theatre Surcharge 300 State Park 310 Park Develpmt 252.17 320 Library Expansion 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 10.34 700 Quarry Creek 3,263.02 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA :~ 334,853.38 21,412.30 12,193.51 2,113.75 66,374.32 28,150.71 3,828.37 252.17 10.34.. 3,263.02 Subtotal 451,645.73 16,578.64 2,113.75 470,338.12 PAYROLL CHECKS: 826746-26812 TOTAL Prepared by: , 7 124, 015.89 594,354'.01 ~~ ~~J by: .. q W W H a q ~ 1 ~ 1 W a 'a F F qH z £ w a x W F y H a .~ ao a O O ~ aN aN a~ a~ a~ ~o H q [~ za w a X W 0 H F W H H V w q ° oz u a aw ~ F ~a uq w '.C U N 00 O z a N a r w ~ W U 2 o i ~ > 0 a ~ a a c~ ~ o ~mQ ~ w o ~ a ; > rn q •• w W w ~ e u Q~O 2nC) W O F ~ 2 ~ ~ aaH~wH aau~> O O O O N I!1 1/1 10 ~O V~ d~ s{ N O O p 1p O 1O ~D m O O O O .T V' 1I1 N O O O O N N H H N 10 r m o c o o H r m m m o o r r O O m m r r m m m m O O . . . . . . . . . . . . . . . . . . . . . . . c v .~ .-~ m m 1o m ~o a~ a a N r In u1 1o a 1n o v u1 u1 0 o In u1 v v u1 In o 0 N N m m m H N r rl r m m 1p V' H m Ill u1 N U1 r r ri .d Ul In O O In u1 eN C N 1n m H ,~ In .a a c v a N N m m '+ v m a m ° w F ~ ~ a E W F. ~ r E O F a F E O a O .y .+ H .~ .+ .+ .ti .a .~ .+ .-i .r .-~ .+ .~ .~ O C7 O r O O OC O H O O F U F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o F Q F o F F W F a F F F ~~~~~~~~~~~~~~~~ H m a W a O O q O ~~~elo e~o~~o~~e1o~~~o q a~a~ra~rrrr>.a~rralala~a~ O F a ' O ~ O ~ O U ~ O W0.' O a ° O z W ,`L F F F F F F F F F F F F F F F F z a z vi z a ~ a z a z w z F z W a > m W H H H H H H H H H H H M H H H M > UUUUUUUUUUUUUUUU W U .'~ W z '~ H W 0. > W > F U1 W O ',~ p W a > W > W M H H H M H H H H H H H H H H H M a U H q F f F aaaaaaaaaaaaaaaa W a H q H a u F F F F F F F F F F F F F F F F F a w F m H a uuuuuuuuuuuuuuuu z ~ °i :7 q W W W W W W W W W W W W W W W W H w z o a a w aaaaaaaaaaaaaaaa a w o a w w q wwwWwwwwwwwwwwww a q F a w q ~~ o o m m m m m m m m m m m m m m m m .a H H o a o i m i i 1o i N N N N N N N N N N N N N N N N I i 1 i i 1 i i 1 1 1 i i i 1 1 O ~ O i O ~ N ~ H O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ 0 a a vwvavvaaa~a aa~v~wva m N m a a o i N H m N N N N N N N N N N N N N N N N O N m m O i m H r l m m m m m m m m m m m r 1 m m m N r 1 m H .~/ 10 i I!1 1f1 1!1 In Ul Ill Ul I!1 In In l/1 VI Vl 111 Ifl N N N 1 N N N N N N O 111 00 N 111 UI000000000 00 O O I11 O O O m N b m 0 H N a' C V' Q d~ v C V~ C C V~ rl O H VI \O O O O O O O O O O O O O O O O O O O O O O O O O O m r1 rlmmm mmmm mmmmmmmm N O m H H O H N H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl N O 'i H N O O O O Ill Ill Ill m m m m m m m m m m m O O Y1 O O m O O O O ~-1 N N H H H rl .d N H .i H .a .-1 O O ~i O O N .. 0 .•~ ., ., H ., ., .. H ., .. ., ., .. .. .. H ~ oopoooopppooap ., .. ., p .. .. ., 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 p 0 a 0 N N N N N N N N N N N N N N N N N N (V N N N N N o m m m m m m m m m m m m m m m m m o m o m U m o N .~ N H N N r1 rl H H H ri H H rl N ~-1 ei ~ N H N N 'j, H N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ H \ \ ~O lp l0 10 ~O 10 1D ~O ~O 10 10 1D 1D 10 10 ~O ~O tp ~O b ~O IO 1D ~ 10 O o O O O o 0 0 0 0 0 0 0 0 0 0 0 0 O O ~. O o . O O z - ~ w a m 0 0 0 0 0 0 0 0 o a a W O m H Q N N N N N N mmmm m m a O r O F ~ ~.7 m F v1 .. a ., .,..~ ~ .. c a u m H a o u F H u wIn i F N am a w Nmo.-Imavl ~crmmo.yNma N~-i N N N N N N N N N m m m m m w1o F m mm H m wm W N o m ar O v H.1 a w Z. o O m m m m m m m m m m m m m m m m m m i W 10 U Ill N Ill N U1 In N U1 lfl IA 111 111 In U1 IJ1 1!1 to `L 1!1 H V1 q' b N q U1 a In U o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o g o F o 0 0 0. 0 i O ~ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O q O O O O O 0 ~ a M ~ a o. a q Q z a a a a w ~ 0 ~ a 0 ~ a a a ¢ a a~ a ~ w O r r .~ N rv a•r o mm r r r r r r r r r r r r r r r r moocooooo00000000 r .irv m mm u1 o.y mm m.~ om OO rv.+.tiHH.yHHti H.y .y H,r H~-1H ,. In a rvm m ~ mr om off o1n Hooooonooooo00000 0H m In v1 ,-~.. a~ 00 O a O N O NNNN N N N N N N N N N N N N O N O O e1 O r O ~-1 O I!1 O O O O O O O O O o c o 0 c 0 0 0 0 r w a a x x w a m 0 O O 0 • • • N W U a a m M a .+ 0 0 O ~ aN d N a~ a~ a~ pw FO q W za W a x w q W 5 W W H W H °z°~~ w a x W z 0 H i F Fa H U w a J U oz u U a w ~ F wo x U o °• z a ~o N a r ~ W U x D .+ ~ O o ~z> a~a ~~o ~ o ~~a> W 1 q •• W a U ~ 2 rU+ a ~ O O wOF~2~.. W d U • > H 0 o N N o 0 0 0 0 0 0 0 o r r l0 1o N o 0 0 l+l rl rl m o 0 O O r r O O O O 0 0 O O O v v H .y N O O O m m m v O O V C O O O O O\ Ol O N .-~ 01 T f~l N O O O V N l0 m m m 10 N 111 m m u1 ul o o In In to v o 0 o a v r r a to rl m rv1 r1 n .'+ n ~+ r1 r1 n r ti .i .-+ .ti H m N N .-~ a m W aw . . as . .~ as ~a . ~ ~ a a a ~~'a ~ ~ E a N° a N ~. a ~~~ a ~a F W F F F ?C W F F W F H l'l F F U W F F o fn o 0 0 0~ o o fn o a., o uu o a o 0 F QC F F F U W F F h' F Wa p W~ F OQ, Ow, F U a Ww, F F o vv~ o ~ o o ~ 0 0 o PE o ~¢ a o- a s o > F a o 0 q H q w q q t7 x q q H U U q a .7 W q q q z w z w z z HF z ~ Z w z z ~~ ~ wHa z ~ z w > a > a > W > a W > w a W S E W M H W vi w 0 W W ~' > as > as > o > w > w w F a .7 W W W W a s >• N U W a c~ H as a Cl EF as as a a m m aH a ww F(.xa 1a+ a w m ai a nl .W7 x Z Z Z 7.. FZ F H a H W ~ z w ~ H o o H H o o a a F ~ q u Ha u E as ww SS3 F o e o 0 0 0 o an f+ .~ o o v1 v1 u1 0 0 0 0 o H .~ 0 0 0 0 0 .~ .r .-+ .+ o t rl o o a o o N o 0 0 1!1 0 0 0 o r1 O y~ O O d~ C O ~ N N O d• < C C O In .ti o m N N ul rf o o rl a rl rl ~+ m a .+ 1o a 1•l rl a .~ .~ .ti .+ to .r .r .r v V~ 1/1 N V N 1!1 V 1f1 N N O 111 1l1 111 1I1 Q I 1 i 1 1 1 1 1 I 1 1 1 I 1 i 1 I!1 O O N Ifl lfl 111 N O O O Ifl O O O 111 O N O O .-1 H O V' 0 0 ? O ID 10 lD O O O O O O O O O O O O O O O O O 1D rl O 10 N 1'1 10 ei O O ei V rl ei .-1 t0 1 ~ ~ 1 1 1 1 1 o .+ N o 0 0 0 .~ .+ .+ .+ o .~ .+ .~ o m o m m In In m o 0 0 o m o 0 o m N O N N •-1 .-I N O 0 0 O N O O O N U ., .. .-1 .. .r .~ .i ., .. ~ W ...•1 ...... .y o c o o o 0 0 0 0 o V o o- a o 0 0 0 i O O O O O O O O 0 0 H O O W O O O O _ N N N N N N N N N N F N N F N N N ~ N ~~ ~ ~ c~~~ ~,~~ a~~~ m m' o m o .~ m o O m m ~ o 0 3 m o 0 0 ei N N .i N N '/ N a rl H N N H N N N ~ ~ ~ ~ ~~ ~ ~ a~~ ~~ c~~~~ ~ to l0 10 10 to to to 10 10 1o w to l0 2 l0 1o m 10 0 0 0 0 0 0 0 o W o o O o o H o 0 0 0 ad a [[~~ a • m N U Z Iq .•1 u to r _ w rl Sao ~ ~ ~~ m o~pt .~.. w ad a-+ ad W N rtr FN F1'f amp N m Frio arm Foom C9o a~ uv WV' a~+ w.+lo a~+ In c~rl~ wr+~+ ~oNV as a am m m am .]oo m m 2mm qmm Ommo a+ .7 H N 111 i 111 .'>; 111 f!1 1G ~O i N H IA O l!1 1!1 1!1 Yl ~ Ill VI a0 ~ 111 aCO Fo (70 o Woo Ho ao .]oo aoo 000 0 to o H o oG o a o woo W o 0 o N o o zoo ~ o 0 o a o a 5 E w .n a a o > x o ci m 3 3 z a w m nl ul a o a• 0 0 o a a H a m~ w a a o a a a o a i a N N 111 a x I,p W {p qJ (a RJ Q1 U U U V' N O U U ,y •..~ m m O .y O O O N l'f Ol O H O O O H O Ilf J1 1l1 O .-i N O I/) O b N lD JI N 111 N C ll1 N ? O f+1 .-1 m t~1 N N O rl O O 111 O Ill O ry Ill H O m O l0 r'1 rl N O .-1 O\ ~ l0 r .+ ~~ N O O G O fy u i O N m 0 O f0 O O 1'1 l•1 ('•1 O H. r l0 N N Ill N H •••~ Ul N w W O m O O 10 O N O 111 O O O H r~ O O 0 7' O rl N O M M O O O O O 1o O O O O O O O O O O O O O 1 O O O O O O O O O O O O • r~ W G Q a q w 0 H q F A O z~ W a K W ~, m m a~ ~ N N N N r, 0 0 0 o N o N o m m r m rn n o 0 0 m m n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ui ..i m ,~ d ~n rn m m vi m m in o o n d o o m m o 0 0 0 ~n ~n d d d o v m rid r ~n in d o o N m .a m ~n N ~O ~n V1 N N ~n d o 0 H ~ N N N UI b .i d N N ~u O~ b d r m N ~n I~ m O~ eat O O ~ N N H T .~1 b N b N UI r d O rl f~l N ,-1 ei b m e-1 N rl H Ol m m- N N X U W x V ~a a ..~~ ~ EO+ S FO m E o F W y F o F of W m vI m m m v1 F CQ-' F, q O o O W W O ~ O W W W W W W W W O O ~ F F Q F mu1 t4 v1 u1 F N F UU F N F UUUUUUUU F F H a a Q a C7 H H H H H H H ~ H H H H H H H H O a w a » a a »»»» a a a z~ q o o u o Faaaaa o ~a o as o z o aaaaaaaa o ~a o 0 0~ ~ q~ q H qq Eaaao.a qq q ww q o qq wwwwwwww qq w q ~o F~ w w w w w w ~5~a] W h w Nm ~ H Wz mmrn vimmmrn 2 w z O~ W H ~ a > a > H~ > WWNyvIW > > FF > W a W a w vim ~ > xxx~xxxJC > F > z c~wwwww z HH a~ Hwy ~ N qa zwwwww w as ~ wwwwwwww m q~ .Q-7 „Qj a W U W W W W W 3 0 0 q F F F F F F F F O o ww w 00000000 a w Q ~~ a wwWwwwWw w a u u ~~ runoooo~ a u c~c~uc~c~oc~c~ q pw F O o o .~.r d H'i H.y .-i o 00 .y o 00 00000 0 ~"~ O O O ~n 0 0 0 0 0 0 r-1 .~ .-1 O r1 e-I N .-1 e•1 N N N O qq N Z Q d d' 0 0 0 0 0 0 0 as o 0 0 0 0 0 0 0 0 0 0 0 0 ~ O O ri d d t'1 m O n1 rl d d d N d C d d d d d d O W N ~ d d "'~ N N ry~ N N N N O N N N N N N N N O d d ~O b .-1 rl H N N .-1 N d d N d d d d d d d d b d d to ~Il ul In N ~n Ifl Uf In ~ U1 N ~n Irl Iff Irl I!1 N I!1 In N ~ i i ~ ~ f l u 1 u l 0 0 0 0 0 0 0 1! 1 O O O 0 0 0 0 0 0 0 0 O O O O rl N ~fl In In In Ifl N H H O N N N N N N N N O O~ O O 0 0 0 0 0 0 0 0 O 0 0 O 0 0 0 0 0 0 0 0 O o z `° `° `° `° •+ .~ .~ '+ •+ ,.~ N d d o d d a d d d d d o U ii ii U o 0 0 0 ,ti .a .-i .y .y .y oo H o 00 00 00 o c~ Q m m mm 0 0 0 0 0 0 o in vi o uiuivi~ninuiuiin m N N N N 0 0 0 0 0 0 O N N O N N N N N N N N N w .i N .-1 .d N ti e-1 .-1 r1 H W H N rl H 2 rl N H r-1 .-I .-I H H N ',] O O O O 0 0 0 0 0 0 W O O O O H 0 0 0 0 0 0 0 0 O q W ~ o 0 0 0 0 0 0 0 0 0 q o 0 0 0 0 0 0 0 0 0 0 0 0 \ F~ N N N N N N N N N N N N N N (q N N N N N N N N N U O ~ ~ o \ \ \ \ \ \ \ \ _ rA \ \ \ \ W \ \ \ \ \ \ \ \ \ 'j,' 00 .Z' O o 000 O - O 00 N F000 0000 o T W "'~ N fq N N N N N N N N N [4 N N N N Q \ \ Q \ \ \ \ \ \ w \ \ \ z \ H \ \ \ \ \ \ \ \ \ U b b U b b U b b b b ~D b M b b b O b U b b b b b b b b b 0 0 00 000000 ao - oo r~o Oooooo00o vfo a. ~. 72 a F F ~ y W N 0 0 i F F W d d d Q o 0 0 0 0 0 0 o W o w z ~ a a s~ r ~ ~ .F. ~n ~n in ~n ~n .n in in 2 a ,7gz,rrrnrrrr o ..a ~° Q Q 4.°i ti.~i w Qmi .mi .~-i tiff Nm ti H U N n W ~ p O N N O m n m O N N U N q d X11 U ('1 V1 O ~-1 N Pl d In b f~ 4q F bb Fmmmoo o .-1 W t~l r1 r W mmm mmmmm x0 ~ ..7m m Qmm ~t mmmoo o xm ammmrnmmmo, Qm Q ~ W U z i W ui vi fX ui ui a ui in vl b b ~o Q ~ C uO1i umi F ~n H ~n in in ui ~n ~n ul in W in 41 ~ S p £ o 0 4Q o o ~~GG 0 0 0 0 0 0 0 a 0 0 .7 o x 0 0 0 0 0 0 0 0 o z; A.° So v~oo v~o0000 o Oo Qoo Wo mo0000000 3o O 0 ~ Q u a h O O W S ~ .v m 0 i qO C7Uz O w O O ~W-' E N riF ~ z Q O ~ ~ bZ 2 O F H O o £ E O Ufa ~> u u u u U U ~- ° 0 0 °c~Q ~ .. ^o~oo o Nr- W~~ i n W o 0 o n \~ y y m ?. y .7, T o y ..~ .`„ ~, ,r rJ 'n ^I aa° ~ zr~in ~ ° n n°, mciT m\. "'\O1D O1 or O'dd m r~brrrrrrr c'm ._~ r r~ o ~ -~ <..n v, ,r. yn m .n ~n v, n ra ~+ l'l T ~ L.V ;4 ~ tv .~ :: .:. O .y \ \ \ \ \ \ \ U G ..., N .. J C ~n ~f. vi 'r N fir. f, :. i G N J W O F ~ ,Z. ~ O b 0 O O b b O b YI b b b 1p O N O O O O O Ul ~n Ul ~n ~n V1 Ul In O ~(1 O CL CL U'~ H , O O O O O O O O O O • • a W U Q a F W H a .. > l°V a N fL N w\ a~ W o a •• ~w Q H a x w N I O O p z a ~o N a r i w ] x .y ~ O p ~z> o°F~z rl Q I W o ~ Q > W Q •• w aRO~°z" as I o0 W OF ~ Z~~' aa~ I w.+ w w u I > Q w P w m H Q O O Ol Ol O O O O lO l0 O O O O N H N N N O O O O O O O O l0 l0 O O O O lD lD Ill 111 O O r d' .-I rl rl O O O O N N N N r r N N O O N N lO 1D m m O m 01 m m v a~ Ill Ill N N N N f'1 r'1 Ol Ol O O V' V Ol Ol N N ('1 Ill m Ill UI VI d' Ul I!1 N N r r M M 01 Ol m - m N N V' ~O O H N N .'I d' iCW H ~ I Ll £O£ I W Q a x w I m E c~ w m W • • • • ~., r • « W « « N « « • a a ~ Q Q IZ-I Q Ia¢ ~ .z+ E Q K o ~ ~ ~ Q W O W O O O ~ O O O H ,7. O O .+ O O O H F P4 F F F a F F F ~ O F F ~o F W F F w a F a a~ a a a a a a z a m a a a a a w a a o H o 0 o v o w o o F.+ o F o a o o F o z a w a H a F a u a q aq K q a q a F ~ a z .+ z w z a z F Qz ~ Pz FI Q Z Q Z a z 4a z a X > a > a > a > v > ~ > w > F x > w > ~ > z > w > H w a H a a a M U w - w a {Qw F w F O W 4w. a [] .~] w W AL Z w o w a x ~ ~u a s ~ z ~a a .y ~O Ifl O U1 N O O O e'1 O O~ N O O .~/ O .'/ rl O d' V O N O O I I I I I I I O O O O O O N O O O O m O ~ lu a o a a o a~ ~+ v o n N .+ N O N ~-1 I!1 N N N a N N o .r rl to rl .~ a M y ~+ ~o a a N ~o ul N In In w I!1 to I!1 to a to I I O O Ill O U1 Ul Ifl O O Ifl N O N O N O O rl N O O I"I N O m N O O O O O O O O O O O ~'O O o .+ rl o n .~ to rl a ~ to t•l a .r .r o tv o .~ o 0 0 0 0 .+ o O O IA OI N O OI m Ill Ill O~ O Ill O O N N ei O N .-I N rI N O N ei N N N N rl N N~ e'1 rl N .-1 I O O O O O O O 0 0 O O O O O O O O O O O O O-- O O O O N' N N N N N N N N N N N N \ \ \ \ Z. \ \ - \ \ \ \ \ \ \ I Ol O m O O O m m O O O O O O r1 N H N H N N .-1 N N N N N N \ \ \ \ F \ \ \ \ \ \ \ \ \ to ~o ~o to Q ~o m to W ~o ~n ~o to Io to 0 0 0 o F o 0 o U o o U o 0 0 0 I a_ H H a a a>C w m ~ u w z ~~ a a F O Fz a m O N a In W e~ F N T In .-I a N m W m ~o ~C to ~+l Zlo wo wv as wN Er+ ~t d' Q~N U.-I a F•+ N m W m q m W m O o m F m o m o m W o m m In D ul z an S ul to W In H In C7 ~o In x ~u (] In RI to W In O W O W O UO E+O 'IJO ^~O 'j.O O U O W O O U O wo o To I-lo o C9o o Hoo Fo 0 0 .to O w E pWK ~ W W S >I 4 d ~ `" ~ a w F r a a H w H ~ a o a 5 a ~ a 5 z r a H H u u u a a a n w w w w w rl N N1 ri m O O O O Ol Vl m U1 N UI .-1 rl r m ei IA O ~D N Ill V' l0 t0 \ U1 1l1 r~l Ul p~ .~ O n Hl r O ~D N r m Ifi O N < O O N N N ~O O .G m y I O O O N l'i N O N rl tp Ol m O N rl rl rl N Ifl N .i O IlI O r o Io a rl o o+ o vi o .y o .a c ~o o .r H o .+ a~ c N c ry O o O o o O- 0 0 0 I o O O o O O O O O O O O o~ HI (~a~ H H U ~ Q oz U Q ~O A W ~ Q U ^ .'C U a V H E ~i W a 0 a w 0 0 • W a a F w ~. a ., ao a N aN a~ a~ W o a .. pw FO w q N W a a x w 0 n r O .v m O \ ~ F a o C~'JQ y rqufw Q 4 O a 0.a' M i caul q W q zd x F F~ H p O ww Fa' x w 0 N f a H I.7 w q O oz u Q q W U q W rTi u °• °z a a a W U wuoz~ z ? ~ a vi oq a z o w a > w W O U N Z ~+ ul O O I zC` o W H O I o 00 0 0 0 0 o ul In 000000000000000 0 .a .+ o 0 0 0 0 0 O O O O O O O N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O1 Ol O O O O O O O O O Ill Ul V1 Ill N N 111 M Ol m lC O O C J1 O Ol N 1~1 1f1 111 dl r r O O T Ol a '0' O m N r r m m f•1 N 01 a+ p Vl pl m m 1~1 r .i N O .~ m N dl .1 N O O r r m m M N N .i m m p a Ol r•1 N N .'1 N M m N f~l C l11 l+1 rl m w w u N zz a a a ~ a oau a °a a a ~a ~ a a a a q F F OF F ~ F a F N F a O 2 F w F q F F F n o in o N o ~' o aa3e aa~ x mx v o ~ o ~a o q o q o wo pq q ~ q a qq wa,wwavr ' qu w q m w q q q w w Z w 2 r 2 W Z F It 9 vl 1-I r Vl R O O z z W 7. A 2J Z awq > ° > a > w > w~auaigcFi3~a>3~wu > z > a > w > w > F N H M U rn q 1-1 >. O F w F a a a°H a F ~i >~°w~u°a~a~a~a~aa° qp~ °w a a ww .. a a 1-IW auawow wawoa a w a a qa x w c~ uE wEaammu~cnExFa (~ q u u 0,-1 .-1 .~ o mmmmWmWmmWUlmWU1u1 ~ 0 0 0 O O rl N N N N .-I rl .d N rl r1 N e-I N N ~i N N O O O O 1 1 1 1 1 I O t~l O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O C ~ 0 o m a rn c v a v a w v a w v v v v a v rl 0 0 0 O N r-1 V N N N N N N N N N N N N N N N N N ~ O Y1 U1 e 10 .i Io .ti rn M rIf of rl rl 1+1 rl n N r1 r1 ~ t•l t1 n to .+ a N d' IA I(1 to Ill Il/ 111 N m Ill 1I1 v1 u1 I(1 ul Ill 1!1 Ill VI In N a V' I 1 1 1 1 1 1 I I 00 O I!1 111 Oll100000000000 00 O O U1 111 O N N O I~l N N dl VI ~ a a~ dl ~~~~ ~ p 1v1 O O O 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O o w .1 In .+ r1 rl r1 r1 n r1 a1 r1 rv M rn rl r1 r1 r1 P1 0 to Ic c~rv .r o rl Nooooo000000000 .,1 m m o m o o In m m m m m m m m m m m m m o m rn m N N O N O O ei eel rl N Nei ei N rl rl .-1 N .y rl ~ O N N N .~ rl w A 'rl ri N .i I-1 ei .-I .-1 'i ei .-1 .-1 H N ei N rl O O M O O -O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0~0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N ~~ o'o ~ pq m ~ m ~ o F ~~~~~~~~~~~~~~~ Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N H ri N N W N N N N N N N N N N N N N N N ~~ a~ ~ ~ f~~~~~~~~~~~~~~~ .u Ic .n to Iv W to to to to to to to .n 10 to to to to to to 00 ~o ~ o o ~ooooo0000000000 0 F v N N .i .i .i .~1 .-1 .~i .r .ti .ti .-I N .-1 I-~1 N IC, I'1 .i N N N N N N N N N N N N N N N W m rl n 1~1 1n I'f I+1 rll Hl 1~1 t~1 r1 ri1 rl rl en 1+1 l L m m w m m m n a m m m m m a m m m m rn ~ .a .+ ~ ...a H ...a .+ .a .a .~ H .l .a ., v a rm W r VIN 2 m Urvrlo .-IN rf wln lormmo.~l~ 1010 xe alo r v tnvvln rl 11 r1M r1m r1 Nl rla as m m E. m p m o g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N In 0 o ul w o O u1 F o to Z o lu to to to to to to to to In le to to l0 10 Q o 0 0 0 0 0 0 0 0 0 0 0 o O o 0 o 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a A rl '.d Z H p u a a w w c~ ~ a r r r N O rl rn ,p 1.l o O ,-1 r 111 Ill O C 0 0 0 0 0 0 m 0 0 O 0 N W Ian ao H a~ W N m w `~ S to nol o m (] O a O z q p O1 ~ ~ ri N O I'1 0 N H N O O O 0 0 0 N N N ~ ~ ~ m o m H N rl ~ ~ ~ to to to 0 0 0 m m $ O w o a N a C7 N N o m O N O 1!1 0 0 3 In Q m q m a N 111 (!j H O ~ O q o O o 1-1 a O x w w z a o a a U' C7 (~ ~ ~ O O N O 111 O 111 O N O ry O O m O l0 O O Ip O l0 O 0 0 0 0 0 0 • `J • W U a w q W M W a q O ~ wed w x w 0 0 e e e a to O O N N O O O O .i .i O O O O HI O M P1 O O O O O O O O O O O O O O O .d .-1 O O O O Ill O N N O O O O e e O e a n In In In - o o rl .i o o r r m e e o 0 0 o e e o 0 0 to Io rl rl e e r r m m In In e e ~ o In In to w rn .r .+ N N .+ .-I r r ~ .-I rl rl m m 10 ~ ~ ri ~ ~ x x u W x U a W s W ~ + • W • o • r + U I I a ~ a a `~ a F a N a a c>ii a I a F a a ~ a ~ 'a `a 'a .+ a 'a a ~ a F a F F F F F f F a E m F F N F O O O O N O O O W O z O W O O C7 O O ~ F x F F \ F H F F y F K F a F q F W F F W H ~ a o a a ~1 a a a a N a a a w a ~ a a qa a w a z l q o u o o .~ o a o w o rn o a o F o o U o o w .+ O, q q qz \ q r q W F q w w q F q a o .+ ~ ~a z a z P ~ r z\ z U ~ z ~~ pz .s z w ~ w z z z a a o F w W a w W w W «+ w o w w w w a w w w w w O > N E fL I W > tU-I > W > W > W ~ > > M > W > > > ~ > ~ > F o\ w a w w a a F E w H U aN 'I Fa l o a a u w a w a F r a a N I H U I fn O F ul ul ~ a U W ~ a d \ VJ I V1 a a. M FI H O ~ a F a m w l a o ~+ ~ a a F x a F u rn o q l a U a a a a w w w 1. w z w u w F m a w N a > q U a .+ ~w F O o 0 0 .+ .-I o e .+ .r o In o 0 M O N O 111 O rl '/ O O O •i a .-I q ~ I I Z a ~ -~ a o Nl o 0 0 0 0 0 0 0 0 0 a o e o e rl e e N t•l o e e e ~! Ul N N e N rf N O N O N I'1 e W e N e 10 t'1 .y l+l .-I .-I 10 t+l .~ 10 e I!1 V' Ill Ill 1I1 YI N Y1 N Ifl I!1 N Ul O Ill Ill Ifl N O O Ifl O I!1 I!1 1l1 O N O O N e rl O N1 O rn e O O I O O O O O O O O O O O O O ' O 2 I ~o m l0 10 f'f '1 n1 O rl O t1 ei 10 U I I I I I 1 I I I I I I I U O O O O O ~-/ ei N N N rl N O a Ol O O ~ 111 O O O O Ol O O Ol N r N N N O O O O N O O N I W N H N r1 rl N > 'i rl r1 N ~-1 N .-1 I 'a O O O O O O [n O O O O O O O Q W I O O O O O O O O O O O O O \ F I N ~ N N N N N ~ N N N N N N N .lC~ Q, I ~ \ \ \ \ `G \ \ \ \ \ \ \ \ U q I Ol N 01 O O m w 0 N O m O m O W rl N .-~ N N ei ^~ N .-I N ••I N .r N ' x \ \ \ \ \ v1\ w\ \ $\ \ \ \ \ U 1n 1c 10 10 ~o W to I•r 10 1o W to l0 10 10 to o m o 0 0 o F o q o o F o 0 0 0 0 ~ F a F ra+ m F ~ H a o W rl U rl m t/1 w m N 0 0 i H r y m tOA O rmi qW' ~, 1-I to u ° az l o~ E I^ z Z ~ Q E~i F w um+ ~ N a zIn Quo r Om o ao ~m ~e FIn m tnN w., VJN r W ~ m r 1o r Ir e N O In ~r N W r a e In W .~ a In 94 u1 x0 I pm wo am Fm o I-Im ao Fm ¢lo m go ~p m Um w u Z I w m In z m a In 10 > In a 1o w In to Z In a 1o a In - ~, In o >. o q o I-I o o a o I-I o C o W o W o r~ o a o ~C o .. ~ ~O o W o wo >o o xo 0 1-lo Fo c7o o Ho 0 o I y> O > a W U F a O - a a o a a z W W W F ~' N > O ~ ,Q ~ a W a z a O z F a w a a W ran [O+ ~ Z W F z .a7 a0 0 ~ A ~ Z ~ W O q a W o zd w m ~ m m I rl .a a ~ In .r q .. W o o m m m rl w£w OU Ino .+N Ino In em r mN .+ a~+ 111m o rl In o a o~ Z O N m e O N O O~ M N N r 01 Ol O O 1/1 G N ~U n N ~O m a 2' ~ /O O ~ O N rl N O ^l O .~i O N O l~l N Ol N N O O tD ~O N N N .+ w Q (.y ~~ Z L O lp O ~r O IO O O O r O N O r1 O O In O Jl O 1D O N O t•'1 a s .. ~ W M O O O O O O O O O O O O O p, (y (~ i> I O O C O O O O O O O O O O • r W a a F W H a .~ .7 0 ao o~ arv aN a~ a~ w o a •• aw F O H q vl za W a x W q W a H q w a aF~ eM F a X W I 0 H F E a H U W 0 O ~ ~i U a W a D W ~ F xa uq W x I U N 0 In N r 0 V a ~aa N Ol O rv~+F ~ n asa o ~ Q q •• N a 4 O a a W O F a a H ~ aav O O •z a a W wuz a z> a 0 q z w O U 2 H ~ ~ zZ W H > 0 0 0 0 0 0 0 0 0 0 ~; ~; r 0 0 0 0 0 0 0 0 0 0 0 0 o r a .~ o r1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m lc lc o ul o 0 0 0 0 0 0 0 0 0 0 0 . m . . . . . . . . . . . . . . . . . . 0 0 0 0 1/l Ill r d' N r O O O N Ol N O m O 01 T O O a} y~ 0 0 O T Ol t'1 m N~ Ill lD Ol Ol m Ol r O O H l0 m O O O O p y~ Ol Ol d' C m N N .-I r u1 rl .+ to a m m c m r1 r1 rl rl .. ,-I .. .. H ? N V' V N d' t~1 r1 r-1 N 3k X U W x V aaaa ~ F F F F V ££ UUUU H U' U' « W W W W a « • [q > r s « « « a H H H H r7 ..7 U1 a > ca,~ a a a `V ry a a a ggqq a a w ~~ a a as a ..~ a a F F F H F F F F F o o F F o ~ES~ o o a o as o 0 0 o Nm o 0 F H H H H H F O F WZy , WZZ, H F F F lc to F F w W 4W. w w O F W W F O ~ O U O a 4 O O lOil O O .a-l a O q O aaaaa z ~~~~ z w z .a7 z wa z~ z> z~ x m~ z~ z 00000 w w a w a w w w a w w w ww w w w F F F F F > F F F F > > > F F > w > w > W > > w > U U U U U U V U U F .7 U U W W a W W a aaaaa gaa~ga~ ~ wow ~aa a ~ ~ as m aaaaa FFFF F E E F F O H W F+ a m W W m zzzzz 0000 w ow o~ Fa' r a ww a HHHHH uc.luu q uc~ uu u ~ U as U 00000 .r .. rI ,•~ o .y H oo O o 0 00 0 H N N N r-I O O O O O O O N H O H O H .~i O V I I I 1 1 1 1 I I I I I I 1 t 11 I O O O O O O O O O O O O O O N O C 0 0 V~ a a v v d' H 'i N .-1 O th r1 a a O Q O v a1 O . . V V C d' C N N N N O N N N N Vl C' Ill d' V' Ill 10 IO 10 IO lD N V' a a 10 C V' V' C d' to C lD lD V' I!1 Ill N Ill UI Ill I!1 Lfl IA N I!1 Il1 Ill I!1 V' Ifl V' IA Ul d' V I I I I I I I I I I I I I I I I I I IA N III ll1 IIl O Ill O to O N Ifl O O Vl Ill U1 I!1 Ill I!1 i 0 00 0 0 HO H e~ O .d .~1 lei O O O O O O i 0 0 0 0 0 O O O O O O O O O O O O O O O i 10 lO 10 lp l0 N d' C V' O V' C V' 7 10 l0 lp t0 lp 1C I 1 1 I 1 I 1 0 0000 H.-+o o N o 0 00 0 0 0 0 0 0 m m m m m o o In In m u1 ul In v1 m m m m m m N N N N N O O N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 aoooo 0000 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O 0 0 O N m O O 0 0 O NNNN N N N N N N N N N N .i N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ lD b 10 lp lD l0 lD 10 1p l0 lp b ~O l0 1G lO 1D lG 10 1D 0 0 0 0 0 O O O O O O O O O O O O O O O N N N N -. l'1 t'1 _. U 0 0 0 0 0 0 2 m m m m m m H T 01 Ol 01 Ol 01 .~~.~.1 ., .. virlavl~ur lolnvr arv mo zmul n v m 7.. Inln m a xul ul In In ul 'j..NNNrv W.+ N rl 0.1r a~ a' v1 Oln In ~ H Ummmmm HOI Ol Ol 01 qa+ Umm vI mm Fm m m vlmm m U H 1l1 1I1 N 1l1 IIl 3 Ill Ul 1!1 Ill z ul z u1 N M V1 Ill H Ill ~j..~ 1n In a In In a ul pG x o 0 0 0 o a o 0 0 o H o H o o ..7 0 0 a0 0 o h o 0 o a 00000 Hoooo 0 00 ,.700 Qo Ho 0 00 .o E o ~ vi a `~ m o a w ~ - _ _ o W a z O a H H O O F a a xlon a a z a x m m a a z~~ a x x o a w a n ~ ~ x~o~ x ~ x x a a a r r HH.+.+n oo n .~ rlrv nrl rl 00 0 0 ,ti ~ o 0 o ulm o0o m Ino .on ulo rloo ulo u1 .omoNlnr .n ol~ nmro - - o<'c Ir1 ~~ c,~ c ~ N n m m O H N O Ill ry 0 O N O n p O cJ Ol I+1 N T G IT O orl r~mrl rl or,n rl rf ovl oro ni omr olc cri o~n o~ow o'lu o O O O O O O O O O O O ~ O O O O O O O o O O o • • • m w a w m W H O a ~ ca a i W O O O O O O O O O O O O O O O O O O O O O O N N Nl t'1 a O O O O O O O O O O O O O O O O O O O O N O N r l0 IO [q. ~~ o o uI uI m m o 0 0 0~ m m o 0 0 0 0 o m m m to Io rI o 0 H O O N N t'1 rl O O O O rl H r1 fIl M I'l IO lG IO IO y~.01 N r Ifl Ill ^ £O£ I Nl rn Q d' V d' O O N N N N V' V N N W Q I .d rl N N a x w X rn . o . + . « w « . a F . . a °m a a a gg a a~ a o w a a a a a a 5~ ~ a x a>~ a a£ a a F F F F w F F F U F a E F W F F O Pµ~~ O O O W O O O z O w O O !I v1 O O ~ q F x F F q F a E E F F a F ~J F F H ] F F I. ~ a w a a a S a a u a m a a a a umm a w a a I z~ ~a o ~ o o ~ o w o q o 0 0 0 0 o F£ o m o O I w w q rI q q q q 'L n. q W r q q q ao ~ ~, I w z w z ~ z w z > z 'za z w z o ~ w z ~ z new z z ao F I a W > w w a w w w w w w w u w > W W ua w w w >N £a I > W > w > > a > w > a > a > a > w > al, > o > o\ w.+ I F a w F a m m o w uFw aN Fa I .+ a .. z m a c~ w aN I-1u l w rn o w >• awa u a\ m I o H a o H ~ a F aI a E+ Hw H alo w l a ~ ~ a In a q a F .. 2>a F o q l w w w a a r, a 2 O t+ o W I q U q q U N U U F m££ z a a a. E-I O ~ o .I o 0 0 0 0 .r o o .~+ .-I ul o 1q-I o rl 0 0 0 0 .+ o .+ o In In o C Z K i o o n o .1 v o 0 o rl o 0 0 0 w O M O O O O a C w O Q d' p V' I I a x O t~l III O w lfl N .+ N Ill v a v .-1 w Ic '+ v~ In a a rl .-I a d' m m m .-I N In v N a a In ~ of In a In In In In 1 I I I I I I I I I I I I I I 0 o In o o vI In o o In o 0 0 0 O ? O O .-1 O .i N N O .-1 rl rl M O I O O O O O O O O O O O O O O O '.L I O N lp O d' b N .-1 d' tD IO l0 lp .-I I I I I I I I I I I I I I I I I U U N r-1 O N O O O N O O 0 0 0 .d a Ol O Ol Ol III OI Ill O III Ol Ol Ol Ol O N O N N N N rl O N N N N N O I 1 W .~ .+ N N .~+ rl N r-1 N r-1 I `a O O O O O O O O O -O o 0 0 0 1 q w l O O O O O O O O O O O O O O - ' \ F I N N N N N N N N N N N N N N x a I \ \ \ ~. \ \ \ \ \ \ \\\ \ U Q I m Ol' m '~I Ol O ~ O O O Ol O O O O w .•I ei .i F H N e-I w N N N N N N N N ' x \ \ \ W\ \ \ U\ \ •\ \ \\\ \ U lp ID IO M lD l0 tp M 1G l0 U IO 1D l0 lD lD ID O O O U O O O > O O 7., O O 0 0 0 O o a .+ I O (Wq U c i a z I r O 71 F uEi F .~7 ~ N a a a+ U .+ rl ~ m N H N q v d to U .~1 R Io wa' r m .-I Iz-l o r W w uI m c >. r rI U r U .+ £ o O .-I U r ~ rl .+ m x m xo ~ um am m am of m r,o oo~ vlo m a~~~ m~ ~ W U z I a In U ul z m m m . m w to O vl v1 to ul a In In ul ly m ~ £p ~o o r+o .tlo o wo wo ao ao Zo 00o ao ~+ O o wo xo o >.o ao o mo 0 0 00o mo 0o I z> O W H ~ qF E y7, a 7FC Q a v a t I O O a a W h a y a S- q £r+ O v m 0 I q to C7 ~ X W X ~ O a a a rI F l z 3 a W D - m a a q 2 a .+ F r,a I w a w w w H M a a u u w o w o v a ~> a a a a a a £ £ £ £ £ w f q .. W o 0 o O w£ W S O U In lc In In o ul o In r In o rI N r uI o v h N aa0 12 ~~, = ocv co cam, cN octi c sr, o;a .n , ;- IQa i p0 i o0 0 oN orl olo oa om o No orl N a N~ W OF 12~.. o~ri o c~c oui ovi oIU otv o ovi olo o f oi~ a a H I w H O O O o O O o O O o o O a a U I> I o 0 0 0 0 0 0 0 0 0 0 0 a > a y ne Q m a 7 z a w r f v N 0 0 • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r 0 O~ O q 0 r r 0 O CI O O •~ O r 0 O~ Ci O Q~ O N N O ~ O V+ ~D u W A N u r !~~ ~~ N J O N N u N ~D W O O N O 01 J \ A O J N V1 A lf~ m 0 N O lf~ O~ O 0 0 J O m O O A r r o 0 o m r r r in ~n N A r r r 0 0 A 3 oA0 O O Z Z W Z Z 3 3 3 3 N~c+7 0 0~ hf ~ O r~ H ~ O x d -C 0 o H ~ n 3 ro ro H q 7o m d m r r n K ~ ~ o ii o m - r x m ~z 3 H < b ro ac "' ~ ~ oot•Cf o op ooq oaf o~ or off orCi ooq o2 002 ooro otn o0 ooC o oz oro o on ooal o- ooq in inO tnH u+x minr v~H v~3 Mr v~ mX mm0 in vi tnC mmH ~n hf mq om ~Dm mm yob m o 0oM ~o ~n ~o nom mm- m< v+r r~oro J o`Z J ~ A NNZ AH oo- W N A m J O W r y J n ~ H N A O~ A W H ll~ m A W M H xxq n r r GZ] M H rrx r rZ Z 'h O ~D ~Dn a mH ZZZ H O ww Z Y ~~• w ~n ro ~ d NN n A A b N m H N N X 00 0 0 oo[Hq omro om ~ oy o 0 00 0 ootn mm m m mc~of m mG1 m0 m m mm m mmH \\ \ \ \\ \~Z \z \z \ \ ~\ \ \\r r r N r N r r H r 0 r r N N N N N N< ~D ~o o m o~D u+3 mC N ~ m o 00 0 ~o om \ \ \ \ \ \ \ m \ ro \ \ \ \ \ \ \ \ of N N N N N N N~ N N N N N N N N N O O O O O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O r r r r r r r r r r r r r r r r O O N O W O O A O N O r r N 0 0 O O ~O O r 0 O N O ~O O m m ~O O O r r o r o r r o r o r o 0 o r r r r D~ r ~G r r - m O Q~ r W W T ~O r O O O O 0 0 O O O O O O O O O O i V1 ll~ O ~ r VI tJ~ N O r W A A O r N i O O VI O O O O O O O VI O O lJi O V1 i N 1l1 V1 VI V1 U1 lP J N A N ~ Ut N O\ l/~ r r m r N r r W r A r W w m N r W W A W N W W W O V1 N N N A N r . . . . . . W W A A A A W J N O A A A A A A 0 0 U O G O O O O VI O O O O 0 0 I ~ i ~ 1 1 1 ~ 1 i i 1 ~ i I ~ O O r r r A O O O O r r r r r r r r o A o r r W r Oyy l!1 In to O r r '+~f h07 [~+J ~ O A O M C~sf 3 [3•f A 6f m*] q,ro o H H m n b~z H rri 1H-f ro x m m m q ^] nn x HH q z of cf mz~ z H• m m m H H r IO m of m Uf m O m i oz a 3 m z xz m o~ y m C < H C Z c~ < ~ C m C m C m < n < o ff C C q< C C m tD m x mmy Ui m ~[~+yfy ~mZy m KC [4 m m W [~'f n [%' c%' O Cq" O \ O O~ O m O ~ O ~ O C O t+1 ~O p O Cq" ~O N y H H z r x m z ~nG < of nxx x cn x ~q+ z of x a a~ r ay H (min tmii H ~ H r H C n H Z H H H 7. H H n H H ~ H ~x+ ~ O r O H O of m O z O m O O O r O O ~D O Z O H m H m H m fn H O H 7d H x H H m H H o H N C q o q ~ q cn q m q q ~' q q q q ~' q Gl r r r y r ~ r r r N r r x r r ~ r cnx n c ~ m N cn G1 ro b r H 3 H w 3 :d H of m m r m a; m of n n x x m m n n x x x ac .. .. A A N r In N W N r N N W W N r J O~ l!~ O A A m m O~ ll~ r r r O O W W VI O~ m A A O J W A W A A A A A N r m O O m A A N N O l!~ t!1 A A ~p r m N N N W O O D~ 4\ r r ~D O Vl W W O N~ O O W W O O O O O m O m O A O O m m O J W O W A A O W O O A A O O O O O m O m tD A r r r r to in J J o 0 m m o 0 in ~n r r V1 Vt A A < ~ n ro ro H Uf ~ M 7U a) _~z~yom O O ~ ro q uz~o a? no~m~m d] O i y L1 0 < ~ 3 m [*1 ~ w \ x i y w N d ~ O~c n' b ~ qrs. 0 < Z 1 0 O Yj t' O x m of J N D~ ro z• o O O N n 67 b R H\ m~ m q n xo O~ b m N H 3 O z m x ro m q N M O H '*1 •m 0 m \ro N ro N .ro o q or r r N H m x ro ~~ H m w y N C M d b m ~D 0 0 0 0 0 0 0 0 0 0 0 < 0 0 0 0 0 0 0 0 0 0 o H n1 o u1 0 0 0 0 0 0 o N o W o 0 0 o r r r r r r r r o ~_ 7y Z 1i r L T ~"' O J W A w IJ ~+ p r O ~+ x 0 0 0 0 1D ~ fl (1 l^ C1 n t~ a .` N^ A 10 O u W u N N r r ~[+ '-f Z V1 N O~ 01 N V1 m J J o1 J N N VI m J N m 1O 1p O O J n O O m r O J N AO1r O N0 [17 O W A O O~ A r 0 N 10 O W r to 01 r N r r A W A m 01 %~ m X1 Jo ro ro to ro O O O u1 N l!1 J 10 ~o m 1n O < M H R] ~ 1 1 i i i m n O O Z ,R1 W n r n H 00 000 O 00'+J 2; M x £ H d fn rH y x !n o00oooooH d n b O Z Ky O 1o Kf Z y x rrrrrr rrn O ca b o n r o, x n H p ~ M x o <z r oro oy oy o~ o otD oy oooofn o3 000oooootcl Oyyu~ o tf o y o y o 0 o tq o ,17 0 0 0 o C o r o 0 0 0 0 0 0 o ro C 3 3 u,x ~„m u,ro v~v, in~ ~nr inv o,mmo~ro u,n ~n vein u, ~n v~u+u+o ~ xnca :u ~o [•] nor X70 ~oH Apr mr ~oH ooooro pox ~o ~ommmmmmy ~ OS Ul O N V1 01 r to 10 y N~ m m r o r O O r 1o t+7 0 0 1D m m m m m~ [9 • r rM A tnq rC m ~o~ moJ~o .~ m~ yam N~oJmv~AH 5v n ;7v r r~ rrrraC [~1 rr~+rrrx w ID 10 10 10 .0 10 'y 1o w 10 10 1n 1o n ro m W ~y1 m H N N N N ~1 N NNNN N ~ 7. O Ny Jn mo~mOd rrrrrr ~ 00 ~ x F. A A A A A A O O L~7 O O O r O O O O O O L] O 0 0 0 0 0 0 0 0 m m,~f o1 m m0 m m mmmm m mmmmmmmm n \ \!A \ \ \~ \ \ \\\\ \ \\\\\\\\ '~' N N N N N pJ r N N N N N N N N r r r r r r ls7 0 0 0 0 08 10 0 0000 0 00101010101010 ~ On. \ \ \ \ \ \ \ \\\\ \ \\\\\\\\ ~ y oc. N N N N N (•^ N N N NNN N N NNN NN NN ~ y\ O O O O O O O O O O O O 0 0 0 0 0 0 0 0 ~ I•J CJ O O O O O O O O O O O O 0 0 0 0 0 0 0 0 C. r r r r r r r r r r r r r rrrrrr r lJ O N N N O O O x 0 0 0 N N N 0 0 0 0 0 0 O 1p 1p lD O O O VI O O O 10 1D 10 0 0 0 0 0 0 'fI r O O O r r r o r r r O N N r r r r r r n n 1D 01 01 01 A' r r W W W r 01 T 01 r r r r r r ~ 7. OC O O O O O O O O O O O O 0 0 0 0 0 0 0 0 1 0 Z r O r O O V1 W O W W O1 O N N V1 V1 1J1 !r V1 Vt O V 1 O V 1 V 1 O V I V t O O O V 1 0 0 0 0 0 0 0 0 y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 VI UI U1 A V1 VI 01 V1 VI VI VI A YI 111 V1 V1 V1 V1 V1 V1 N 01 01 A A r r W W W r A a m r r r r r r N P A UI N W N N N N W V1 A A W W W W W W A A A O A A 01 W W W W O W W W W W W W W ' O O O A O O O O O O O A 0 0 0 0 0 0 0 0 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I r r v1 o r N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r o 0 o A r r r N o r rrrrrr r [" .ro ~ n x m pf tnrmm n 002:00000 b [17 r O C O CtaC C r roKl yyhl min ~nro i p m d G1 b C ro C Kt m ro ro b '9 h1 3 '*1 Rl m 1a '+] ~ b] O ~ M (n (A p7 H royroro y H Hb1HHHHH 1 y z o z y H Zf ro r rr rn nn nnnnn ~ nH O G1 Z y 3 H d H H M Rl .C ~7 t*1 P1 [sl [q i ;u y m d x c~ x ca en H M ca X7 r ~ H ts1 < y < C E < [17 C ~ C < Z < v~ rn rn m < cn < m ~n Y m v~ cn vi m 1 ro 3 [9 O Rf fn b7 y t1f hC7.1, tlxs7l to Z M y t1z171 1 C n. 1y 1 tCZy] ~C7+.7,, [CZ+y] C C y C C C C C ~ H O y O ?1 O 7t1 O v O 3 O x O ~ O ~ Z 'A ~ O C1 O C r y r r r C%' r ~ Z :0 n :~ y x ;0 7o cn ;v ;o T7 th yy O m H Z H c~ v,• [11th RJmmmtn y Z H y 7d H H y y H r y H y H to y m to rn M y O W O y O H O O O O R1 O y O O b y tMii q ro yy y ~ q q x/ v H y y ?7 r m ~ m r ~ t^ r w r r r Z C~" C~" H ;u H m .3 C • • O r 3 • • en r • r r • ;L £ 2; J z H r l~ < CJ th ro W W N N W W r 7M. N VI J J A A O O r r W W V1 r N r N W W r r r 1~ `li A A J J A A N N O O J J N N V1 V1 r N m to N 1D N V1 V1 N W O A O 1~ H O O J J Ot 01 A A O O ID m W W r r r N m A A 1p A m r A 1p r 0 W y O O O O 1p lp O O O O W W O O 01 1D N r J O O W 1D W m A A Ol A 1D O O O O V1 V1 O O O O 01 01 O O A 1p 01 J A O O 1D 1D m~A W T W r J [h 1 1 t7 H m - t7 ' • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O H_ O O~ O N N O_ O_ Vl O 01 O Q~ O N O O~ O U O N A p~ ~.+ W O W W W A O m 0 J O~ U~ O o Jm oo NOD ~O A oW No Nc ~.om No v~ m ~o r u~ m m ~ m o in o v+ o A o ~n ~ 0 0 0 0 m r+ r+ r Y U1 lOn cyzn tbbo fn Z O tf 70 ,ro p x1 ~' yH ~ yq ZZ4 tq" m Imo ~ n O ~•+ H x n n n n ~ n z m t~ r r r r m 0 0 0 00 000000000000 oq o ryOC o~ o h7 or N~ m~ N?~7 00~ 000000000000£ on oK oi-+ oC o q q min mmmmmmmmmmmmq ~nx v+~ in Z mtn ~n3 e o ~o om o000000oooooy ~n m ~o ora m`ro Jn An on ~~+n mmin in ~n in in to to vi ~n u+m A y J 3 Y mz ~u m r' O J O l!~ O W O~ O r+ O ~O m J T U1 A W NON ,ro J O r+ .'O W N m VI i qq C CC ~1 O ~ ~ ~ ~ 3 m y 3 m y N ~ x 'L x m o Zf o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o H o 0 0~ o Z o O~ H O~ 01 T 01 O~ 01 Of O~ 01 01 Of 01 O~ 01 01 O~ T O~ 01 O~ m 01 ~ m ~ ~ ~~ ~~~~~~~~~~~~ ~ ~ ~ ~ m ~ F+'] N N N F+ NNNN NNNNNN NN N r+ - N N~ Y - N O O 1-' m 00 00 000000 O O O 1D O r+ .gyp \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ H \ N N N N N N N N N N N N N N N N N N N N N 7. N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 'o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ~-' r+ Y r r• Y Y r+ r r r r r r+ r r r r ~+ r+ Y ~. O O O NN N r-~N r+r+r+r+r+r r N O N N N O N O O O ~p ~p m m m m m m m m m m In O b ~p ~D O ~D ~' r+ r+ 00 000000ooooor-~ 0 0 o r o O Y N O~ 01 W W W W W W W W W W W W 01 O~ Q1 W O~ i 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W O 0 0 A A A A A A A A A A N W O O O W O i O V1 VI VI VI 0000 000000 U1O tll V1 ~J1 O ~/1 1 1 1 1 N UI VI V1 V1 U1 V1 V1 VI l!~ l!~ Vl UI VI V1 ll~ Vl VI A A V1 A i ~'' r' N O~ O~ W W W W W W W W W W W W p~ A A W A O N N A A N N N N N N N N N N N N A V1 Vl N N ~, N A A A A A A A A A A A A A A A A A O O A O O O O O O O O O O O O O O O O O O O A A O A O In O N Y N N N N NNNN N N N N l/~ O O O r' O A O O N N N N N N N N N N N N N O O Vl O L] m m of h] C1 ro G~ tD r q y 3 Gl '+7 3 ro VI n n ~q n q ~ n yr, maorom7oxn?oxmq ~o r r yy r 7d n x rH ~C.ro.+nmmdm q q k q Z G]G] rd Vi yOn~mdr~7C to m ~ r+ n m m G1 m G] m q K r+ x m y rn y to to 3 to Ul x H ,ro X7 ~fyOH~OgHIO Xf 5~ ,R7 q x m y roro o £ K7nNyo H ?o x n ao 3 C q < r C ?oA ~ Cn £nv,£v,rn~ro C ro < m < m < x < m m x ~ Z cmil m w r Z m O H K y O H ui ro x Z J Z ~ Z ~ Z Z Z ro d x o 7d ~~ d ~• ~or~m~ d ~ d O O H O r+ r-~ O fn H to C C 7C y O r+ O ~ O O O m O ro x ro ae o z z z ao ra o m x£ ro A ~ ao x ~ 3 p ro m Q G] G] Z G] c~ q q ~ q ~ y ~I H ?7 H H G] q K n y o H H H ri y N H 3 Hy zz 'Oyy"~ r~ A "yO'~ y m H Y yHy H H H H r y r trzi r ro ro r r c r r r r roro ~ • • • U] r r r r n x m n x ae •• W N W ~+ J r N r+ r r r A r v+ ~n .. r, J J ~D ~p 01 N A N A A N J W W m VI r+ N A O~ N N Y N J J O O N N m m m O O O N m A r• p~ J O A O W O O D W T W W ~O ~p ~p ~p A A O O N UI O O O O O O O J m J ~G V1 ~p A O~ O W ~D W m N N O O O O A A O O W O O O O O O O O~ O J ~D O~ A N /+ m m m ~D A lfl VI O O O O A A O O W A J N O~ r• <~nroro r+ m ~ r, T ;U _z~z -tom ci 0 v Y r+Z ~ O.q 7n n O~ ro 3 m m •• O ~ ~ < ~ b W m z ~ .giWN d ~ O ~o n• p ~ j r n 0 <z~ p O b ~ r znm~ O 1x1 J p m Z ro o O O ~ N n x d n q X H ~ my C m q n zo O b m y M m ~ 3 O z m x ro ~z O d Z H H ~ m •,Gx 4 d H O Q m O m x m qz ~ d O H ^7 C .. ~ m 0 m ~ro N ro N < p or r r H ro q c~ m • 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O- O O O O O O O O 0 o m o 0 o r o m o N o 0 4 o r o m o d o o_ tJ A ~n O r 0 W lJ A `+ O N 7. W J r r A 1l W T p ~ n u O A O '~' T •~ J - In N . t~ A ~l n -J ~ to A N m ~O V1 N V1 N m r ~D o A 4 ~D ~ r r W O W r r O m C N N v o z r m y y r y y m m to ~ ti m m to m ip ro X ~+ i-+ x n n o b q q q q C ~ H z G1 ~+ x C'1 r SC to ?o Z .+ H r ~ z z C y O q y ~ ~ ro z r z ~ 3 z° o o q y o o x o y o y o 0 o y o p o txD o~ o q o q o C q o 0 oN ors ox1 0 oK on oK o3 on oN d ~n ~n m ~n 7o ui Z ~n H ~n ~ ~n b7 ~n z v~ in t~l m in [~] ~o mro mz m ~nzz X00 mxt ~o~ mr mCJ o ~nm r J m; mtr A[h wz wm A .o r+ AO mH m vt9 m ~n off ~o myzy rp7 wt~] yob Nn oq Ayny ~nm tnq ~ e n ~~ ~ y H m r ~~ S m W ro v v m ~ n ~ °m o W W VI ',O H H ~O S~ H K 3 r O d 0 0 0 o n o 0 o n o 0 o n o 3 0£ m m m m. m m m 0 m m m m 3 m q ~ ~ ~ ~ ~ ~ ~C ~ ~ ~ ~cn ~r N r r r N N r x N r r N ,ro N X o m ~o m o o m ~] o m m r~ o \ \ \ \ \ \ H \ . \ \ \ l•1 \ N N N N N N N r N N N N N O O O O O O ~ O O O O O O O O O O O O O O O O O O r r r r r r r r r r r r O O N r N N O N N O N ~ N O O ~D N 111 In O ~O ~O O 1p ~D r r o 0 0 o r o o r N o r ~ m w a .n r m m r m m 0 0 0 0 0 0 0 0 0 0 0 0 vi A o r r r A r o A N r o in to to o o to o u+ ~n o 0 to in ~ ~n to to to ~n to to in ~n r r A w A A r m m r m m W W to N N N W A A W A A A A O A A A A A ~ A A A A 0 o A o 0 0 0 0 0 0 0 0 ~ i N O O r r r O O r O A In O r O V1 O O r V1 O N O r n m n m ro n m 3 ~••~ z b m 3 m r n n o [n .+ z m .+ O O r3i ai [x+l 3 H H ~ H £ to A ~, z m ~ H z q ao x n o yy zC q L] C ~•+ y £ < % < ~ C ~ < Pr7 < H < H C~ ~ < m C ~ < [p~7 C ~ < [q' < cn n in m to m to d ro m ca m m at ea o to cn .e ~ X ~ ~ ~ N ~ ~ ~ ~ o ~ r o ~ 0 3 ~ ~ ~ K ~ d o ~ o z~ a o x ~ H z W z~ z c z~ z~ ~+ H z m z ro x H o H [+! y r H R'7 H H n y A H H O m O r O O O r O ?v O O vi O O q O y O b ~ H H y y ~ H y H H bf y y r y ~+ y t7 q q b b ~o q q m q q 3 q q m q to q 3 q r r t' t' r t' < r r n~ r r r .+ r r ~-+ n z~ z m c~ y .P A r r m m A A N N r r r r A A A A r r A A N N N N VI VI A A A A m m W W lD ~O N N J ~] In to b ~O O O A A O O O O O O N N N N In In In In A A m m O O O O N N O O O O O O tD b O O ~O ~O O O O~ T O N In O O O O N N O O O O O O J J O O ~] J O O O O O 0 O C ~ 0 o N nA h K y M M ro <~ H [iJ ~ ~z~z Ci O ~z nog m <~ Rf ~ z~ d ~ ~~ O~~ O S ~ i ~ ~i z ~' ~~ O O n x M 'j ~ 0 m q n n zo o~ 0 bf m H 3 °z cn x ro ~zx CTOz H M nroro M xl A H O [*1 x q '+O]3m .. O A 3 0 w W O ~n c~ r q o m N t*1 x ro [z+1 b tl m O~ '*1 ~ 0 m q ~ro Nro N 9C oy or r r H ro d q 0 A M R1 J V1 r to i 4' m t•1 r i d ~ r N • • • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O W O O~ O r 0 O O~ O O O O O~ O O~ O O O O~ O A O N O~ r A lD J W m O G r O VI O b O r O W O m lD m O O W b ~p N O O ~O O N O N O A O N O A m A W r W m t!~ m O lP N N U1 O U~ O Ut IJ V~ U Ut vi o 0 0 0 0 0 b r O r r o r C m C H H H H H r H H m r w N Z z O r r x b b b H :v A M M p n n c x o c~ .+ c [~f O p] b gq~ b] M H ~ z r H r d 7d ~ 3 Z 3 O O SU ~b !/, o [fin oy o~ oxl oz o o- ob o~ o~ o- ob oq O O b O O M O M O O C~ O (n O- O- O rJ O z o in r ~n H in ~ m n ~n fn ~n in O in in ~n v~ O v~ - in p ~ m z ~o [sl m o m H w ~o ~o ~o ro m x ~ 7d m m bf W (A ~] (A 10 H N W J r J l0 ~' ~p Q W O .] 3 ~] r ion m0 ry r0 m~y o oq m w~ ~q ~c~ oN Aro •° y N v, a, z ~ ~~ o r niPi ro f, ~n ro - z - x r n 0 o t~1 o K o o 0 0 0 0 ~ 0 0 0 0 m m ~f m m m m m m m m m m m ~m ~< ~y ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ r~ r N r ^C N r r N r N r N r~ r m H ~O n ~D Vl O m N O N O 1p O 1D 1p ~n Ica ~H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N b N N [[J N N N N N N N N N N O O O 3 O O O O O O O O O O O O O fA O O O O O O O O O O r r r r r' r r r r r r r r O O O O O O N N N N N N N O O O O o O ~O V1 1G 1D lp tp r r r r r r o 0 0 0 0 0 0 o r r w o o m n m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 O Vt Ol W O O O r O O O O O O G O VI G G V1 O lfl Vi l/~ VI l!~ N l!~ V1 Vi N N A N A A A A A r r r W r r A A A A A A A O W W N O O V~ N U1 V~ Uf {P ~ N A W A N N O A O O O O O O O O O O O A O A A W A W O N O O O O O O O O O O O r r N r r r O r O O O O O r x ro m v, ~ n b n n H n H H to r cn to to r 7d r r ;o r z d ro o 3 n n b n b b ri b r+ r O .a H H O C to yr ro m ro ~"~ R! ~ X7 7. H M y H fA (n y zC fn xG b G ~ C z C z C [~7 C ~ C nv G [~1 C ~+1 G bl G 'n Cf ~ C7 y d ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ d ~ ~ ~ ~ ~ ~ d n O O O O 3 O O O O r O d O O O d O ~ z x z z Cro z ~ z ao z z z z z z z ay H b H H 7d H 3 H ~~+ H H Z H H H H H O G] O O In O i-t O 3 O O O O O O O O H m H H [9 H 7. H Vl H H H H H H H b b b 3 b~ b b b H b b b b b r ~ r r 7m7. ~ r ~ r r % r r r r r r H r • y r ~ r r r r ~7 r • a I~] O N p7 yu r O O Q r X n n n ~ ~ cxn n n n x x z ac ac x r .. .. .. ~ r r r r r r r ~ T ~O ~O J J VI V1 N N r r W W r r W W A m VI U1 1p ~p VI (/t m ~O ~D m A A VI VI U1 N lp ~p V1 Ut ~ ~ ~ m o in m m o 0 0 0 0 ~n o 0 o yr o 0 0 0 0 0 0 0 0 0 r O A A A O O O O O W O O O W O O O O O O O O O O O N m N N 0 0 0 0 O O O O 0 0 r r w w A A J J O O O O r r O O N N O O C H d7 ~ 7 ~ 'Z-1 ' OO Yz fi G IT7 O C yzi ~ Z n ~ ~ ox b ro x• 00 n x M vn H ~ M d Ci t0 b n zo O Q z H v t~1 n~ H [aJ ~ 3 °z m x ro ~~z ~ O d C b d N Q d1 d n ro ro H R7 }0 -~ O ..y .ro b O b b '*f 3 ~ bGlo b w ~ y w N O~c n' ~ r O J 0 N M x ro m bz N d r '+] .. p 0 m ~ ro N rZ7 N C O b or r r ro b O ro r W 0 0 0 0 0 0 0 0 0 0 0 0 0 <~ n ro ro O O O O O O O O O O O O O M [sJ i H Xl X7 O O O J J O N O O J O O~ O r 0 N O O~ O O rrr r 0 O "L 2.' M H O I~7 W ._. ~ o o Z G~ _. ~ .e n ~n A !•~ A m J A A m N J V' m A J A m A A m J J a~ N O r A :I U v b A i m O O W A N ~O m \ N W N 1p N O N J r A W W lJ~ r H Z~ V~ .ro U m W i ~ W Oi W V N U m J m 61 r U1 O~ 4i Q~ •T Vl V~ .~ (J J~~ R1 A W W J r J m 0 ll~ [i] ~ O o r r ' y 0 X £ £ £ £ £ £ £ £ E < C C < ~ ~3~ m ~. H M m m m m [*f b b M ~ z ~ y w t~ \ C7 ~ O ~ X d rxi n ~ ~ H H H y0 ~ H r A ~ q r ~ x t < c~ n n z K no 'bz m ~ r r o b ~ 3 H x ~ ~ < x~ o ao ob o0 or or or oC otn om ors o;n oooo£ m ~ Ob ~ •' ro ofn oor oF+ 0[9 op] oro o H oy off ob oooob i C3 ~ ` p ~n cn ~n in ~ ~n o in ~C m ~t to m in in x v~ x m m m m •C H ~ Z n bf ~ ?bn ~o O ~o ~c ~o x m o ~o o sf m p~ ~n - ~o fn o 0 0 o Z ~ O ~ Nn mmXl mH o~n r r m N[11 nor o rro ooooH m [h J H NHb ro.G mz r~ J3 v Jn ~o~ Jb m0~ m~nA W n ~ .. ZZ N O rH O rr r~ ['7 r- H rrrrx n o~ z m h7 ~o to rn e b ~o ~o ~o ~o Z o ~o .. Jm S m0 fA n N fq H N NN NQ ~ '$ O J GI W W N O W Z7 O In to U1 to O O X 0 0 N ° y " z yroy < x c~ m 0 00 0 0 o 0 oZ o(~j o ob ooooh*1 y ~ , m mm mn m m m mgt mta m m^ mmmmV~ 3 ~ n \ \\ \O \ \ \ \` \ \ \H \\\\ M i - 7C N N N N r N N N r N Nx NNN N Ul Sd ~ [4 ~ ' 0 00-_ o- m o 0 ow ~o 0 00 oooo£ ~•+ ~ On~ \ \ \ \ \ \ \ \ Z \ \ _ \ ;u \ \~\ \ n ~ b ~c N N N N H N N N N n N N N M N N N N b ~ H\ n o0 ox o 0 0 0• 0 0 oy oooo ~ t90 ~ 0 0 0 o n o 0 0 0 0 0 o K o o o o C ~ r rr r r r r r r r r rrrr t~f N N N O N r ~ O O O O N r r r r to ~o ~o o ~o m o 0 0 0 ~o to to ~+ ~n b ~ 0 0 o r o o r r r r o o o o o n ~ ~> m m ~+ m ~:, ~+ W r f+ o. W w ~:, w ~ z O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ O r o o m o A N W m o r rrr r o in in ~n ~n o in o o v~ o (n v~ v. v~ ~ ~ i l!1 V1 UI O~ In N {!1 V1 l!1 l!1 U1 U1 to VI V1 A m m r m w r w r r m W w w w M N A A W A N r N W r A N N N N ~C i ro A A A O~ A A W A A A A W W W W U'J O O O O O O O O O O O O O O O b 1 1 1 1 1 ~ r r r O J A W r r O V1 O O O O 1 H O O O ~ O O r A V1 A r r r r r ~ Hr. z yy ,• ~ H ~ ai N ho n m C7 Z y n to b~ b b ~~ ~ b HH r ~ r :ti n .. mro~ro ~ (n \ro n CC Z H n 3 '+1 N O HrrH ~ ,'clH NSd H n n o H u~ cn H x WWWW ~ H m \ o < C H H < \ < K < x < C C x C n < r < [a <- < ~ ro 3 N< cn ro m o o to s hf o to ro n7 n cn H to ca a~ x of n n n n m ~ H o b ~d r 7d z x z~ ~ o m 7d H d ~ ~ r 7d ~ m z m ~d o o o o z ~~ o r r 0 o min o H o b o n o H o vOi o o H o o ~~~~ °o z H ~~ z cnm z x z n z w x ea ao a x\ z o z z zpa~z z cn ~~ n ~ z n CC oooo ~ H ?d H H H H to H H m H r H 7d H H rrrr H H 0 0 o n o 0 0 0 0 o ea o z o 0 0 < H H H H H H m y y m H ~ < v ~ °a ~~ b ~ b ~ b i b ~S b b aaaa b y r ro o r o r r ~ r m r r %rororo% r ro . . . ~ rrrr y py ~ HHrN o O mtn Ul Vl r 3 ~ i p1 X r .. ro W W A r N m m ~ r r ;~ Rz1 W W O~ m J ~O b O O N N W W N N m r J ~ O l7 O O m m ~O .r r O O A A J J V1 V1 A A ~O ~O J J ~ r O1 N O~ r i C" H , N N O J W m m O O N N W W VI V1 N N O O lf1 U1 J r m N A A 'Hy {/~ U1 N N O J J O O O U A A O O r r O O O O N O~ m 0 01 m O O O O O N N O O O O A A O O N N O O O O O m A A A r I~7 1 1 ro b c~ H U7 y y Ih O r I 1 A • • • 0 0 <~nroro 0 m o o r r o tim ~ rlpp Z Z I H O m o JJC ~ Z d ~ .e G1v N G J lJi A ~ M z'J XI ' ~ T ~ o' ~m~ JJ i IT: m p r r J In O~ (n y ~ O K ~Jx < ~ 9oa o+ m ~1 x I y W N Z X O ~ n~ O L ] r 7e b ~ K n o C O <Z o o m o o p O~~ r ° ~ ° ° ~ n ~ + a +v ~o m z mm mmx lox J ~D ~o b m .] w A wH ?0 H N O z m ro x• ~ o loo N 0 0 o r m m m I n \ \\ x r rr m ~ ~o \ ~o m \\ d n . Ibx N N N l y\ O O O m CJ I O O O I [",~ I r r r m N O O ~0 0 o b o rr n ~~ n ~ xo 0 0 o I p C o in to z ~n o o y ~ ~n v~ A r r [q V1 W W 'x o u w ro A oo p7 bz t C O O O o H o r r p y roC n ny .. m b ~b y ~~ \ ~ n .+ n iro dr I-I IroH N711 I O X < M < yy 0 ro ~ o [ < 7 [ *J [ 9 ?d I I 3 y lZ 7 Cm Cz O ~ I ~ oC O O A71 i I z H dad x mo r H (~] I (/~ H C ~ H H y ~ ~ x1 Z y a r ~ iC • r • r r d m A X ~ ro r r y m 01 O~ O~ N z I O Z A O~ V1 ~D m ~D N 01 N Vf O~ N J O O A A m ~1 W O O O O O I m I I A I °~ r ~ ro m m b N V1 N J ly RJ (/) A m y W O~ ~ I J A C1 r I I In • m m ~ ~ lP A W U1 m O~ N N A ~n ~o v z x b o ro m ro Y 9 ro r to r M Q z 1 0 0 0 0 ~ ~ ~ ~ J N O~ N 0 0 m m ~ ~ r o ~, m N N S~ O O r o 0 r r t+ m 'bz m x ~ x n ~ N N x n u. v+ RJ x o 0 n ca X n A A m 7C O O 0 0 ° b ~' A A r r N N A A O O O I~ ~-' O N N N N ~ .J o 0 r r J J A A W W O O W W J J O O J J to in o o in in < < 0 0 M N o d o d d 0 n ~ ro ro ro zx ~ oxx~ om~oom i ~ m ~ b v ~m < ~ b 7 m ~ v, c~ oo~x3~ O ~ G2 A A ~ ro m ~xrN R1 0 .. r ~ n .x ~ zm~n o ~z~x o.. mOa~~czi a 1 9 .n .n yCy H i < ~ C ~ zn~ ox~ ca . ~ ~ n ro~ n z• ~ o 00 d ro b b H K cn ~ Y m r [sJ n x m z cn c~ M y b .n ~n .o .z z mA H t~f 3 O r '*l H H O b ~ ~ y n ~ n ncn ~ n ~ ~ yy COC tp+7 3 Z ~ O ~ ^] H ~ H 1 ',t9 Z, ~ Ti ~ ~ ro ~ ro H ,'J7 H zo r~oro m b m c~ yn ~ aoNm ox p a~ O yn r r ~c ~ w f+ ~ ~ m N F+ • IQ CHECK REGISTER CERTIFICATION Fiscal year 01/02 Fund# Fund Name Date Manual Void Total 7/6/01 Checks Checks AP CHECKS A85686-85818 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets 8~ Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 292 Facility Ops 293 Theatre Surcharge 300 State Park 310 Park Develpmt ~20 Library Expansion 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 128,159.52 10,708.21 138,867.73 10,639.12 10,639.12 6,772.99 6,772.99 2,179.86 2,179.86 43,285.12 43,285.12 7,449.46 7,449.46 6,953.58 8,380.90 15,334.48 26,621.54 26,621.54 4,405.67 4,4Q5.67 194,482.61 194,482.61 750.00 750.00 155.24 155.24 155.23 155.23 6,351.00 6,351.00 Subtotal 438,360.94 19,089.11 457,450.05'. PAYROLL CHECKS: TOTAL Prepared by: roved by: ~45 c ,450.05 7 / i /n 0 0 m 0 0 0 0 0 0 0 0 0 0 ~ o o < 0 0 0 0 0 0 0 0 0 0 0 0 .a m J o r o W o m o m m m o A o J o J o J o m o m o r o '$ x r 0 N O W N O N O O N m 0 \ O \ N \ r Vt O r N O O ~ Z G O~ VI O O~ O W r J A ~D tp O O~ O O O O W~ O V~ N O ~D W 0 0 B O O ~D J r J W N O~ O O O A A O r t7~ r r r O~ N r N l/~ O r H Z ~ m l!~ W lp N r r r m J l!~ N OD m W ~D O tli r 0 n 0 ~ O W m r m n n n m m m m m m b ~ o q <~ m m b O O O q q r m m' a ~ w ~ m b o 70 m I, m c~ o A ~ O m [" m r < ~ d m .ro A K r P K m o oGI om orxi o ooo7X0 0~ o~ oK o< 00 oy om Oxq 070 oq oq oS ooot+ 0 0 ox ~ ob on off o~ C3 m m K m m m m m m m o 3 o m o a o z ~ X ~ n m ~ x n m Nro r rfn Nb rrr a or+ oa ox o o N rro ~ OX W ~' r ro r ~-] r a W NNH Nn W'y A M W mR~ O a OG' m N N W q m,Z1 r.Z' OIDm Z r x m'j~ N q J N r q w70 70 rfnn r~x rm r7o mm rLX+J r'yX'nxC ~o ~o a ~o H ~o r ~o K ~o Y ro m b N W W N m N y ~ x A O Z A 3 m N m m M B O O J OG1 VIq J ~O m A x I..~ < O M 0 0 0 o y o 0 0 0 0 0 0 0 0 o n o ro J J 3 J m J J J J J J J J ~ J m J O n \ \ro \x \ \\\ \ \ \ \ \ \ \O x O O O q O 0 0 0 O O _ O O N O O r m Vt N~ N 'Y. W N N N W W W W IC W N ' O n \ \K \n \ \\\ \ \ \ \ \ \ \ ~ qX N N N m N N N N N N N N N N N ~ H\ i 0 0 0- 0 0 0 0 0 0 0 0 0 0 ~ o ~ m 0 ~ O o 0 0 0 0 0 0- 0 0 0 0 0 o C r r r r~ r r r r r r r r r r r m i n N O N N N N O m O N O O .N O ~u o m v+ ~n In o 0 o u1 0 o J o b o r o 0 0 o r o r o r r o r n m J l/1 A A A r O r A r r J r ~ Z O O O O O O O O O O O O O O O H O C O N r r r r l11 O O r O m r m z VI O V1 O O O O O N O {JI O N O a V1 N IP ~ N ~ ~ N N N ~ V1 O~ In m J VI A A A r a1 r A r r r r A N N N N N W O r N r W N W W A A A W W W r N N N A O~ A 0 o O o 0 0 0 0 0 0 0 0 0 0 O r r r O O O O O O O r O N r O O O r r r O A A A A W w n m 3 n m m ~ a~ m m to r+ 2 q DC O O .~C 3 O Al X m ?C 'V 2 3' ' O 3 H y~ z S~ m m m ro x ~o ~ to a ~ m ro H a H r '~1 m m ro m ~+ H c ~ h PC A A O m x m Z Z q p ' n ~"~ m r r q 3 K m m to z m G~ r Y ~ 70 a x ., K n m\ O m to m r r ~ N m < I~ < c~ < < a < amn < z. < < m < < r < < ~ roa m A m x m m m m O m d m m m q m O m m m O ~ H x a x H x H z ro x 3 E '+1 x 2 t' Z q x r x n Z Y x q ~ r d to d d 70 O r C7 n m KJ O A l7 r O r t7 r tJ X t7 Z C fn ~ O 0 o ro o m o o rrm o m o 0 o r o 0 0- o «+ o ~ ~ x b A Ow m ~ xh7 my n0 m ao +f A7 y£T1 ~ ?0 EE .11 m $n qa .ro O H H tr17 a a H H a x 3 to H ~ a Z a ~ a 'bz H O a z a s O O O (n O 2 O m C O d O n O O n O C O K O m H a ro a E H L] a ro a a m a n H m a H a a :~ b q q q m b q n ro q ~ q m q q m q [n q t~ r H r ro t' C r ~H r \ r J r\ r r ~ r o . ~ ~ , n mm , N r \ N m o r Z y vi o 0 0 7d r x O o r o G7 ~' ~ ~' . n b N N J J r r A A ~ ~ W W W W J J W W W W ~D ~D N N r r N N lp ~O W W N N O O W W O O A N N N m m 111 VI N ~ N ~ m m W W W W W O O A A O O J A O N W W O O O O O O N N ll~ l!~ O O N N O O O O O O r O ~O r O O O O O O O O J J r r O O r r O O O O O O W O m V1 O O O O O O O O N N N N O O H ~ ~ HOm KO~o a ro~m ~ .. b y bG1o R7 W J S' \ y W o O ~o m ~r\ 0 0 m 0 m x b qz to d O H '4 C~ m 0 Ja \ 'o oy or r r a • m x ro Im :x )~ i „j 3C m ~G~y 4 ro b b O H m N C m d r' • • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O1 O O O O O V O 0 0 O~ O~ O~ T O~ O~ a O~ O O J O O O J O IO O i V1 O O r V O O N O N \\\\\\\\ O N O V O~ O O N H O O~ A O \\ O W N O W N N N N N N N N 01 W W ~O N O W W ,'O O A W ~ u+~na inw v~u+ ~mmJinooJm m ro mo rm J W A N O O V J A Vl O \\\\\\\\ N 01 ~ O N N i J yt m i N A J 0 0 0 0 0 0 0 0 W O W N ' ~+r r r H~+r ~+ r o r V N n n n n n n n n n n on 'H7 3 ~q-7 m ~ K K H OH ~ o x O O m ~ m m ~ Y z z H o o H £ ~n n m ~n H n otn oq ooq oUCi o0 000oooootn o 3 0~ 00 0 0 o x o r o o ;u o r o b o 0 0 0 0 0 0 0 yy o 0 0 o z o q o m H m H m m~ m m m x m m m m m m m m ;V o q o 4 m H o r m Nro N x N N H N V V V V V V r r V q o 0 o r m o m o W m N A A m O r A CY m m m m J J J J H N H W m A A ~( ~D A (n l/~ ~ J O~ O A~ J~ W N V O ~O m J 01 ~ O M W A ~O Y r m ., H a z ~ o ~o ~ J CJ M N Z ro < .. ~n H A (n m H o b GG ~o H m u0i Z -_ ~ K £. O O O H O O O O 0 0 0 0 0 0 0 0 O O O O O J n ~ O J J J J J J J J J J J J n J J J J m \ H \ Z \ \ \ \ \ \ \ \ \ \ \ \ q \ \ _ \ \ \ O q N O O O O 0 0 0 0 0 0 OO fn O O O O N v~ H J Vi N N N W W W W W W W W x W W N W - ~0 \m \ \\ \ \ \\\\\\\\ \ \ \ \ \ Nq1 N N N N N N N N N N N N N N N -N N N O O 0 0 O O 0 0 0 0 0 0 O O O O O O O O M O O O O O 0 0 0 0 0 0 O O O O O O O rZ ~' "r r r rrrrrrr+r~ r r r r r+ n N O N N O O N N N N N N N N O N N N O (!~ O U1 U~ O O l0 ~D ~D 10 ~O ~D ~O ~O O ~D ~O 10 O o r o 0 0 0 0 0 0 0 0 0 t+ 0 0 0 r r A O A A V V 01 Q~ O~ 01 O~ 01 01 O~ N O1 O~ m O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N o r r w m o 0 0 0 0 0 0 o r o 0 0 0 O O O O U~ O l!~ VI U1 lT V1 U~ l71 U1 (/~ lA N V~ O I ~ ~ i i ~ 1 I ~ i 1 1 1 1 ~ i ~ ~ 1 U1 N V1 Vl Ifs V1 V1 VI N V1 V1 V1 V1 ll~ U1 V1 A Vt N A V A A V V O~ O~ O~ Q~ 01 O~ O~ O~ N U~ A T V N O N N N W A A A A A A A A W A V1 A O . . A N A A A A W W W W W W W A A A O A N O O O O O O 0 0 0 0 0 0 0 0 O O A O O r o t+r r r o00oooo~n J ~+ o r o o r o o A o r r r r r Y r r r o 0 o r L1 n b b ~ ~ ~ yroy yro yny yny ~ ~ ~ b z r Z ~ O [~+l tD la 70 '+7 '~f ~1 7e 3 3 :~ 7n n H to q cn H H d 00 C ~'•~ H~xroroxx0 b H m H ~ m M }tl Xl N Z n M H H Hb A VJ 7C r n H HH n H mZZL7v1ZZH n c c K x mv, m y nc~zcc~u~ o n z n • < C < H H < < x < to ~ O R7 ~ ~ r < 3 < H < m < H < O m Z m m n m m aomnrov~v,c m a m o m v m o m o c"'n o o d mta o r o r d ro~'bza~~~~ d z v ~' d ~ zd ~' o b z o z o zap o r o 0 o r mHmmmx o m o m o 0 o ro o H H ~ ~ ~ H ti Z7 ~ ?C O 7d H 3~ O m In 0 0\ A H X1 m ;n ;o m xf H n .'~ mmX7m ',OAfn £ m m O n H ~"~ H n n H Z H H to bb Z Z Z ro H O H H H H Z m O w O m m O Gl O £ O b A7 O :u O O O O cn [n H ~ H m m H H x H O !n H 7C H H H H b o b b b b £ b b b b b ~ r Y r r r x r 3 r r r r r N • • + • G r ~ ~ r • r r N fn o m r n x n x ~ r •• N N N N ~O ~D N N N N ~O A W O V V V A A J J W W J J ~ lf~ J m J J ll~ U1 O N V V V N ~D ~p O O A A O O 1p ~p N m W W O O O O O J V W J J N 01 01 t!~ ~O ~D O O m m O O N N m A o m A o A o 0 0 o a ~n o A o W o 0 o A A o 0 0 0 0 0 0 0 0 o m r o r o 0 0 o m m o ~o A ~o 0 0 0 J J o 0 0 0 0 0 0 0 J W ~ ~ N N ~O ~O m m ~o ~o < ~ n ro ro M m ~ H ,Y1 .KI z ~ H o m z~o ~ Kc~ro ooz~o~~ no~~n m m •• d ~ yNy < i xf3J m~qW\ Z i y w o ,ro ~ b r N 0 <z~ Obi znm~ O x m m 77 N O ro 0 0 ~ v+ n x m vn H ~ mo m q n zo O C H O m m n M M m ~ 3 0 z m x ro ~z ~ d G H a H C 7d m yx x d m y m v m x ro m b Z to d H O H 'n C .. ;p m 0 J q \ ro m ,50 o C rr H 9 m N • i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v~o mo mo mo 0o ino .•.~f-«+o ~o no mmmmmmmo~o OHO N O \O N N O O J N O O O ON W N y H 1l~N lJ~ll~ Vt U1 U~ U1 O H O N O O N J N m ~"' ~ W N N N N O~ m W O b ~ d~ Q~ O~ G~ O~ O~ O~ A O O N O N N 0 0 N Y W W O~ V1 V1 VI O A W A J t7~ V1 A A A A A A W V U~ O VI l!~ Y O~ J O~ V1 H O J V1 A A H l!~ VI O~ H O ~O m J O~ l1~ A A O W ~ H Y Y ~ C p UH [07 m J m C C o ff n0 H N N H y r m 3 O "3 z d Z b ~ ~ x b o a z O O x O 00 O n O 0 00 00 O~ O 0 0 0 0 0 0 0 0 {n 0 0 0 o n oA o 0 0 0 0 om o 000ooooox m m f] m m C m 0 m m m m m C m z m m m m m m m m m H F' Ob N N(n HI-I O N HHM7. NCa N NNNNNNNNad {/~ m m A W 0~ O ~D ~O ~O H O m H A A A W W W W W m W IJ~O J W r Y~ J ObmJO ~'A b NNO~DmJa~N~ VI r ~ n z m .~ r Y H r O r H H r H r r H b z Am J .n m n Z ego ~ow~a ~o ~e ~oZ J J J J J J J J o U~ V~ V1 V1 VI U~ N VI H n .~ - m x oq u. J o- o00oooooN H O iro. z r m 0 0 0 o z o n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J ~ J J O J G1 J J J J O J J J J J J J J J J n \ \ \ \ \ \ \ \ \ \ H \ \ \ \ \ \ \ \ \ \ H o N O O O N 0 0 0 0 (A O O 0 0 0 0 0 0 0 0 b N ~O W VI N ~O W W W W y N l!1 VI VI V1 V1 VI U1 (!1 U1 y \ \-- \ \ \ \ \\\\Xr \ \ \\\\\\\\m N N N N N N N N N N H N •N N N N [.) N N N N (A 0 0 0 0 0 0 0 0 0 o n o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o y o 0 0 0 0 0 0 0 0 o H H H r H r H rrrH H r HYYHt+HYHZ n O N N O N O N N N N H N N N N N N N N N O ~O l!~ O UI O ~O ~O ~D ~O U~ ~O U1 l!~ V~ ll~ N V1 11~ N~ H o o H o H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y O~ A ~O A H O~ O~ T T W O~ A A A A A A A A O O O O O O O O O O O O 0 0 0 0 0 0 0 0 A O N N N T O O O O O O N N N N N N N N ~n ~n o o in ~n ~n v~ in in ~n ~n 0 0 0 0 0 0 0 0 i U1 A VI N VI Q1 N lJ~ V1 UI N~ UI VI VI VI V1 U1 U~ U1 VI Y A A N A H O~ O~ O~ O~ W O~ A A A AAAA A W V1 N N N W A A A A N A N N N N N N N N A O A A A O~ A A A A A A A A A A A A A A o A o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A O H Y A O H H H N H A N H H H N H N N O O T O N Q~ 0 0 0 0 l! ~ H 0 0 0 0 0 0 0 0 z n H r m z mc~mc~ ~ < c~c~c~oonon m r y q c o q~C 7~e C m mmmmmmmm n 9 to Z H y fn 3fA 3 m ?~7 00000000 ;u m ro d r m X x O 3 y y y H y y y y C Ul m m b m madman y O mmmmmmmm H n n H o ymym b z nnn~nnnn y x y b z o m~mzz a xxxxxxxx < 3 < m C H < ro < G~ < x < b b a < ao < < m m m ~n m O m m m m m r g r q m m m y m 2 z Z C z z x z 3 z n z rrrr z ~o z m z ~ncnmcnvrrnm~n d H d z o O l7 t7 H O o l7 C7 b o .ro C7 m m m m m m m m o O b o m O m O n O 3 O n in n y O H O < O ~ So m X1 a7 :e A A z q ~ ~ m z m x ~ ~ ro ~ rKrK ad ~ z m z <<<<<<<< d ~ ~..~ O q ~y7 (p (p ~ M H H H M H H H a y y < y c~ y m y ~ y mr r y y y nnnnnnnn 0 0 o H o z o .+ o m o m ~ 0 0 o mmmmmmmm H y y n yyy H n y ad y mryR07mro y y y mmtnmtntntntn C r C fn r O tq" M r Cq" m ?~ N b r tq" r • . • m r X • • • H H • • . \ H H o n n r m m m m 0 0 0 N N 'i7 q r n °z y N O n H m y z n .- N N N N N A N H N N N N N H N H J J W W A A N N A O~ N N W V H W W lft J O ~D H N H W m N N ~O ~O J J J J O~ O~ N VI W 01 N ~D A A A H H A m O~ J W O ~O J d1 l!I {n U~ 1f~ Q~ O~ O~ 01 Vf M m m J A O~ In b N N ~O ~O T A W H J O J O O . . . . . . . . . . . . . . . . . . . . . O O O O O O m m N ~ V1 ~ ~ m J lp ~O lf1 ll~ O~ O~ m ~ N~~ O A O O O O O O O O O O A A ~p lp A m~ O~ A O O O O O 0 0 0 0 0 0 0 0 < ~ n ro ro m ~ H xib Z ~ y o m z~CO ~ •ee~ro ooz~o~z no~~n m m •• o ~ ~ ~ bG]o [<*1 ~ 9 w ~ z ~ y w o p ~ p'~o m o~c~r\ 'A ~ b N 0 < ~ oY C znm~ O x m m ~ N 0 z ~ r O O ~+ n x m on b X H \ mO C m b n n OC y m K ro m qz V) d H Oy '~f C .. ~ m O o m Jb m \ ro n H o ro H m \ O H 3 o b H o r H oz r H y m x ro ~z ~ O d H y ~ y C a) m 1 1 Q y Q m C7 ~ ~ ro G7 m w • • 0 0 0 0 0 0 0 0 0 0 0 O o O O O o O O o 0 0 O O A A O J O O O J O A O UI VI O N O 0 0 U~ ll~ ll~ O lI~ 1J1 Ul O VI O J O ~O ~O N N m O \ N r 0 m J O b r O O O O O N J J J r N N O O J J W N N O O W ~O r O N r ~O O m m r r r N m m m O l/~ N N O m m m N m O r N A m m A N V1 m O O m m 0 m ~D ~O ~O O W b O l!~ N N A r N 1f~ r r N A ~p V l/~ W r r W r W t!~ A A A N r r O A m W O O W W W O m J r N A A A L1 L] G] r O O O 'n ro 'a ~ ~ ~ K7 '*l m d m n ~ z .e y r c° n A b 7 b fn H C7 X O m ~ m r ~ m r r b b 0 2 0 0 o m o r o- o Z o o m o b 0 0 0 0 0 0 0 0 0 o to o ff o o ro o q o b o o z o o n o n o 0 0 0 o r 0 0 0 o N m o o b m H m- 0 3 ~- m m H m m m m m m m H m m m m 0 r ~xJ O O C. O r r 0 0 r N Nro r N N 0 0 0 O O O r n ll~ r r N r m tl A 3 A x m H A A O W N N ~0 m m J J m J H r z ~D O 1D H m M IJ ~ A "L' b VI z m W N O m J r 0 ~D W b 'Z rGZ] x 3 n rn rrrrrx IH+7 n ~o b m ~o m ~o ~o ~o ~o ~c H fn m A n m d ~D A A A A A H N O r m W W W W W m m ~ ro ~ ~ Y b Y b b H Z m ~ m n o ff o 0 0 0 0 0 0 0 0 0 0 0 0 0- 0 0 0 0 J n J J m K J J J J J J J J m m m m m m J \ m \ \ \ ~ \ \ \ \ \ \ \ \ \ \ \ H \ \ \ \ O .'O O O N O O O O O O O O N N N z N N N O N (/1 W W 1D H N W W VI V1 N V1 VI ~p ~p ~p n ~O ~O ~O W \ \\ \"Z \ \ \ \\ _\ \\\\\ \\\ \ N b N N N n N N N N N N N N N N N N N N -N otn o 0 0 0 0 0 00 0 00000 000 0 otn o 0 0 0 0 0 00 0 00000 000 0 r Z r r r r r r r r r r rrr r r r r r O m N W N N O O O N W W W W W N N O O O O V1 N 1D VI O O O V1 N N N N N J ll~ O O r o 0 0 0 o r r r o 0 0 0 0 0 0 o r r r o A ~o m A r rr A ~o ~o ~o ~o ~n JAr r 0 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 A o r r o r W m m r r rrr r .+ N A A O O O O lJ~ O l/~ I!~ l/~ O O O O O O l!~ O N tl~ 1 N~ N A I1~ A V1 U1 m m In V1 V1 V1 N VI U~ U1 N VI r m A N A A r r r A N N N N N J A r W O A N U1 N N W W N N N N N N N N W W . . W r 0 A O N W m m A A A A A A A A A 0 o N o A o 0 0 0 0 0 0 0 0 0 0 0 0 0 w o o r o o N o 0 o r rrr r A A A r r o 0 0 o A o m m r 0 0 0 0 0 o r o 0 m y~ r n c~ £n ro rororrr na~x x a z H r m b H r. n R1 ,Z7 H H H o m m m d mm m b X Ul 7d (n OOmmm mnn n LO*1 m A N m - tm` O ygZ 'sJ '+] . .y .y yO C C C ~ O m A ?o m d tm» 3 m to to A ?~ ?o b ~-3 H H z < Z H C o < m < m < m < ~ n < < m m n n n < C 3 3 < 3 c~ m d m c, m ~CCn, m y m m m o m ro m a~zxxx m mmm Zm m ro d a~ d n d Z d [' d r o x C O b O H H H H H xU' H H H C H c o mm o H o 0 o r o 0 0 o H o nnmmm o ~+ o m z mug ad ~ a o z ~ z zm p m z mmnnn z cn% z r 3 £ m x m m H H H m H H O H G~ H H yy H ro H \\ H ~ q C C H 3 H m n O d£ O 3 O O Z O m O b b O O r r ;U ~f O m O b H m H H H H n H H H n n H H H H~ b y H Z H H b d b b b m b 7o b n n b b m m r r r b H b H r r r r r o r m m r r r r o J r mm ~'y~mu~u, ~ o C~ .eKnnn r fn (nti r r J ~o m r W r r r 10 O r N N N o w w m m r r r r N m m o r m m W r m A m N W W m m t!1 U1 A A N A r N N U1 r r N W m Vt r r r ~p ~p A lP m N m m ~D ~ O O O O O A O A N N W N tJ~ m m O N m J J O O O J O W O O O O O O J J m N W N N N m W J W O tl~ A 0 0 O O O O 0 0 O O O O O O N N N W ~O O O W O W N m 0 A m A A O O <~nroro rm ~ HA,'C zoo ~ Kco~~ ooz~o~~ no~ro m m •• d 1 yyy < ~ k~3~ 2 ~b•3 w o d ~ Oro m p ~ b r N 0 < Z ~ o O y r xnm~ ox m m ~ N 0 zro 0 0 ~ ~+ n x m n X d C m b n n 0 ~~ H i i y +m 33 R7 X ro dm ~z ~ d ~H ~C A m r y y C m d 'K ro bz fn O O H ^9 C .. ~ m 0 J b \ro m ~ N < 0 o r r H y H G1 m A 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O H O T O~ O ~] O O A A O O O J O O~ O O~ O A O ~] O 1+ U~ N \\ N \ N O N N N 01 O f' O N O N O Ou O T F+ ~D O b O O N O W N '~7ro W N O N O In O f' O W O A A m ~O A N N O~ ~+ N O VI A O~ J O U1 W N O N O V1 O O W J J A N f' W N O N~ O A O V1 O V1 ~O U1 m J V1 A O J O O ~o w o ~n r r r 4 4 4 4 H H C o x 5 2 ~ ]C ton z 'mn A " 3 m ° aoo ro z H b "' ~ ~ n m ro ~ r m ~ m z m °x -` z° ~ z K `~ c~ y ro ~ O ofn o 0 0 ow o00 o(n o 0 0 0 0 z o0 004 otq oSu o0~~tt oC o on o4 00 oA fn mZ mm o'~rydtl mKl mmb mN m mH mtrf m o0 b N N N~ O 'G N 3 ~-' ~-' ^j •' ~ ~•'' O O b N ~C O 3 r Nn ~-`NL~7 A b NM ~~H A r m~ J Nw P ro ~ Oo 3 m J fA A ~] ~ O~ N~ Z W m N W M m m O~ J 'y y ro b r z Kz H ~ ~o ~ •~ C o y ~ ~ 0 ~ z o 0 0 0 0 0 0 0 0 0 0 0 0 O~ J J J m J J J ~] O~ O~ J J N O O O N O O O O N N O O J lI~ V1 W J W W N N ~O ~O N W \ \\ \ \ \\ \ \ \ \ \ \ N N N N N N N N ~ N N N N N O O O O O O O O ~ O O O O O O O O O O -- O O O O O O O O H N N N N N N V Y 1•~ N Y N N N N N O O O N N N N N O J N U1 U1 O O O b VI 1p ~O V1 O 0 0 0 o r r r o 0 0 0 o r J A A A O N Y O~ W ~ ~ A N O O O O O O O O O O O O O N N N r O O~ 01 O N O O ~' f•' N O O O O tl~ !!~ V~ N - lf~ V1 O O 01 UI l!1 (11 N U1 V1 A {ll A A A lI1 V A A A N N N A W A A A N N N N N O W W VI N l1~ VI A N O1 A A N N A A O W O O O A O 0 0 O O O O A O N A /-' O O f' F' O O O O O O O O O f' N 01 O~ A !+ Y N O ~' O O O O ro ro ro b n M n to n n ro n 'A ££ X H t~0 3 b ~ ~ b r O ~ Z .ro [%] 7tl ~ }~,ro03 u~ Z ro to Z ~n t~+l ro tm•] y 3 H b :ti N m 7o Z d C y < m < M ~C to < «+ < m < b1 < h1 < to < c~ < H < x ,yro Z ~ 2 2 b Z H x r x 7~[, x ~ Z ~ 2 G~2 Z Sd Z m CyMy O O O O b O Cr•" O ro O GZ] O O O [x~7 O d O O O 'M.1 O H O ~ s ao z m z yo ~ r a a z ~ x x~ z ~ ~ o~ ae O 3 O ~ O 2 n ~ O O O 3 O O O d O X O ~-3 ro H O H n H x H H H tv ~3 H H d H m ~ b~ A b Z b ca b .- b b b d ~ b b ?o b O b o r r r W r r r .. r r °o r ~ r < v • r • \ r o r • r r r + ~ • fn • o r m o r ~-' N x z n n x x ~ ~ •• W N •• N l!~ N N ~O F+ N N A ~p m O~ N N to V~ A A m N N VI N O b ~O U~ U~ ~O ~D N N m m O O O O O~ m N J Ul O O m O lJ1 ~ b ~O b ~O A A A A O O J J A ~ ~ O T O O O O O O 01 O O O O O A A O O O O O O ll~ l/~ O o ~c o 0 0 0 0 o m o 0 0 0 o m m o 0 0 0 0 o m m o o ~n a A W W W W m m J J O O N N ~ ~ ~ 0 o v v 0 0 O O O 0 O M m H 07 O N n P7 X1 y b N h <~ M d1 ~ z~o~ 00 w y ~ nog b7 < ~ m~ z~ d~ o~ z~ <z~~ 0 z~ca 02 A7 ro O O n Z M ' on ~ X t9 d C P] b n n 0 H N ~~ n .+ ~ N H Hm ~ ~ 3 w °z m x ro ~z ~d M A [7 ro d b ~+ M N N C m 0 ~. ~ • • 0 0 0 0 0 0 0 0 0 0 0 < r 0 0 0 0 0 0 0 0 0 0 o H m r N N N N N N N O r 0 O O 0 0 O~ Q~ O O O ~O O N O r 0 O\ O O~ O~ O ~~yy ~,' r N N N N N N N N J N O~ O O~ O \\ O 0 0 N ~O O O O \ N r\ r r Z G CJ ~ A A A A A A A W N O N O N J O O N O O N O N A N N N m r N r O O A A A A A A A 01 A r O~ O O J r r A VI O A W W O~ N W m O m m H x r r m m N l/ r N N U~ A U 1 ~ O O r 0 \ W r\ J n 0 r O O N O W O O M O O W O r r r r r J r r r r r ~+ 7c x m 7c 4 4 4 < r C O H ~+ M x .ro Z m H O O O P7 r ~ a z m H H b pz v, x m x r yx ~' 3 ~ m H ro W o ~ y0 b ~ b x r y x ~~ b m W z O <Z r 0 0 0 0 0 0 0 p7 0 o r o n 0 0 0 o R1 o r o o x o 0 0 0 O 00000 oo;u ox ota ob ooE o or ~~ off o oC7 oox C3 r mmmmmmm- mrr m N NN NN NN r [+ rC r UI r r'}b7 r[~] r(A rn Oar r % ON b r OxM r 00000 roH Jr A tJrH mmC7 rXl w0 N NH ~y llrNr t*7 .] O~ Vl A W O ~O x N r N rJ V1 O~ ~D ro N x N T H V1 R] W b< .ro O n K A X7 P1 3 r O r H !n b b E ~D U1 r0 m ~o- x w m m ~ z N H r to r 0 0 o H y ~o - (n x 3 O n o H z 0 0 0 0 0 0 0 0 o o v o o ~ o x o 0 0 0 0 0 JJJJJJJ ~ ~ Jm ~~ Jn ~ ~ ~ ~ vv n \\\\\\\ \ \ \ \\ \• \ \ \ \ \\ x 0 0 0 0 0 0 0 0 0 ~ o 0 0 0 0 0 0 0 0 o t*1 W W W W W W W W N N W W N N N W ~ W N~ r, (y n \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I b x N N N N N N N N N N N N N N N N N N N r y\ 0 0 0 0 0 0 0 O O O O O O O O O O 0 0 r h] d 0 0 0 0 0 0 0 O O O O O O O O O O 0 0 C r r r r r r r r r r r r r r r r r r r Uf N N N N N O O O N O r 0 r N N N N O O i l!r l!~ tlr In VI O O O ~O O N O /n Vi ~ ~D ~O O O b 0 0 0 0 o r r r ~ r o r o 0 0 0 o r r n r n A A A ro A N N ~o m r W ~O W a r> m m F+ f+ x O 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 o r O C r r r r r A A r O A O r N r r O O N N x in in in yr v~ o 0 0 ~n v. ~n o 0 0 0 ~n ~n o o H A A A A A A A 111 A V1 Vr T {~ Vt N t)1 Llt N llr N N N N N r r N A r W N W A A 01 O~ r r N N N N N W W N N W N N N N N A A r r 0 0 0 0 0 0 0 A O A A A W A W A A A A r r r r r In N O A O 0 0 O O O O O O O 0 0 0 0 0 0 0 ~ o ~ r, r o r o r ~ r r 0 0 0 0 0 0 0 0 0 o m m r o r o 0 0 0 0 3 ro [a m w n E n r ro ro x n r H ~ c., onn3C r mrvrooz x b ~ ac ~-+ o r z m cab r o xq m H O y O y ~ Cam' Cm" x ;HU % y [roO rrC K ~ tMii lnZr-rxvm;u ~ nn n y r c t~*~ v~% ~ zH -3~+xrtnrC x z b n J n [n mro r ..m O n G] n a~ n < n < [n < m < E E < ro < y < < H < C x c+7 r ro 3 b S~ 3 '*J H [+7 O t*] ' 7 [+f r b7 O O [7 t*1 P7 n [iJ O P7 m [*f < 2 r y t"rot'..M.+ x < z x b x xa z x ro z o z x z N z HUl r H O m H M O o [~] o d H d 7C 7C d `r4 O yr o ro d d w d n cn r 0 C4 t%1 3 [%1 7C ,ro z ~ w p C7 b O ~ ~ y ~ y ~ Z ~ b ~ m ~ ~ A N N r x 'O ~ H ;V R7 [9 H z z H H w Z ~ H ?o y~ Z~ H N -030-] n r0-7 ro ro H r H ~ H Uroi 0-7 H b H ul b d :n b m b b o b to of b ~ b to b ?o b b r b moCm ~ r z r [' ~ r yy r o r ~ r r r r r 'D Z ro G r • • O r H r • x r U~ s r r N d~ b ~ H x Z ~ 3 G] y ~ r A J J N N N N W W r r r r r m A A N N m 111 N r r A A p O to A ~1 J r m J ~] J m m 01 O~ W ~p A 10 ~O lfr V1 W W A A N O N O ~O ~p ~O ~P O~ A W W b b O O ~O b O m m O O J ~] O O A A O 0 0 O A W W O~ J ~] N N O O O O J N U~ ~O ~D O O ~O ~D O O O O J O J O m m m 0 m A W W O O O O U~ VI O m m O O A A O O O O U O Ui n ro ro H ~ pe K c~ro O D~ :n ~n m •~ O VI yGlo W J y ~ O coir~ b N O N O b7 % M bx .. cn d O y '4 C~ P7 0 ~ b \ro o ro i m ;d o q o r r N a m x ro ~z Ob C r+ zy y C m yS Z d N C m d b O lTJ 0 0 0 0 0 0 0 0 0 0 < I n ro ro O O O O O O O O O O H M I Y ~1 X1 O W W W W O O~ O N O J J J J J J J J O O~ O J O W W W W O N O N O Z z ~ ~-] O RJ O O O O O N N O O O N N W N N N N W O N O \ Y O O O O N W Y N N ~ x v I K G1 ro O N N N N W Y O O N V1 01 O A m J W N N O O O VI UI VI U1 VI Y J 01 A W I O O ;o b O J J JJO~ N O Y J J N O YJ AAAA VI N J A 0~ Hx I OY.ro V I N O V I O A N O V 1 O N N N N W A 01 Y n O ~ hi 33333 t o O 01 O A N A 1!1 to i fn •• rJ Y O Y o ~ bG1o 3 3 3 W 3 3 3 3 3 3 r <~ A 3 J O 1-1 r N (» [a [a M n b C u7 7 W\ m y z K a z c~ m ~ x 1 .~ W o 7C ~3 L1 M .ro .n ~ %L ~ ~•3 v ~ O 1D m 0 o x z o M ro Y m m o f c~r\ E x o rn m y x z ~ I b N x m c v K z ~ bb < z~ °o y 00000 0- ox o00ooooom oy o- 00003 0 o[a Oyy z 0 0 0 0 0 0 o b o 0 0 0 0 0 0 o C o x o~ 0 0 0 0 0 0 7C o xf C 3 1 mmmm'+7 my m< mmmmmmmml-1 m o4 oommm m m• ~ xnm ~ NN NNM O ~1 Y(a O YY YY YYY (A O 00 OOYY M O N I OS 1x-1 Y Y Y Y x J x ~- 01 C1 N N V1 V1 ll1 N S m W~ Y Y 1D 1p r J O ~] La m A W N VI O T H W m J A W J 01 U1 Y M Y 10 x m J W N M A m yQ ~ ' m m ',~ z N '~ Ia H Y Y G1 Y Y 3 O m W W H A A C7 V] 1 x '~ Y n Ww n mmr 1 OO u+ x 0 0 0 0 0 o to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J J J J O~ J H 01 J J J J J J J ~ J J J J J 3 ~ J n \\\\ \ \r \\\\\\\\ \ \ \\\\c~ \ \ x O O O O N O < N O O O O O O O N O 0 0 0 0 3 N O' R1 W W W W 10 W m 1O W N N N N N N 1D W W W W W rj ~p W I v n \ \ \ \ \ \ ,ro \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 1 b ~ N N N N N N N N N N N N N N N N N N N N n N N 1~\ O O O O O O 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 O O 1 R 1 C 7 0 0 0 0 0 0 0 0 0 0 0 0 0'0 0 0 0 0 0 0 X7 0 o C Y Y r r r r Y Y Y Y Y Y Y Y r - Y Y Y Y r ro r Y bf N N N O N O W W N N 0 0 0 0 N O 0 0 0 0 O N In In lno 10 o NYln lnoooo -10 0 0000 'o u+ b 0 0 o Y o Y o 0 0 o Y r r Y o r r Y Y r Y o n 1 n A A A Y T 1p b ID A A Y Y Y Y O1 Y 1O b 10 1D Y A 1 x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 O C Y Y Y A O Y Y Y Y Y W W W W O O Y Y Y Y U1 Y Hx V1 171 VI O U1 O 0 0 0 0 0 0 0 0 VI VI O O O O O ll1 P A A A A OI 111 VI t!1 V1 V1 Vt VI VI A V1 111 l/1 N V1 VI A N N N Y A N N N A A Y Y Y Y A Y N N N N Y N L*1 N N N W 1I1 N N N N N Y Y Y Y U1 Y N N N N W N X . ~ 1 ro 0 0 0 0 O A A A A A A A A A O N A A A A W O m Y Y Y 111 A O 0 0 0 0 0 0 0 0 A O 0 0 0 0 O y d O O O O O Y Y Y A A A A A A O O N N N N O O M 0 0 0 0 o r 0 0 0 0 0 0 0 0 o A o 0 0 o Y o ~ C .. ~ vmrocn n r - yrrororororox n m rorororo n cn m O• taC r tv M[+7CCCCCO r ee 0000 1•n 1 O o n3zro b G~ 3G)mm m~~mmH b ro ~~AA ~ 3 1 M Jb • 3 to b robrrrrr.+ to n7 H~3.3~3 K 1 y \ro M M fA rN• r M M M N M ("] UI x b M 1 n M O 'p rn• .3m nnnnnm rn ~m~~ o 1 z~ moo .3ro r z vl rx a ca rrrr ro ro 1 r+m \o < o• 'a < m < ca < HOxxSxxo < to < C ca [a cam < < 1 ro3 NC [a Xl m n7 to '9 trf R7 [a m H b] t+1 [a O O '+1 [a '*1 tG b [a [a to m 1 H o Y x romro y Z < x ry HH x x r z ~A~x x x ro 1 •+ or v c~ m M O ~ v ., v ~ n ?o ~~ 1-1 1-1 x v 4 v r o t~l bl lTl La v `A v R7 ~ o Y o mm~ o v o n o mf•Irlrlnnnf o 0 0 0 o zxz~z~ o b o ca I x r ;u ca xl A 7d m ;o K vl x x x to tv b :u ?~ E ?u H H ~ H A ~+ .ro .ro R1 Rl to 1 L7 O O 1 11 J J O xl fn H N [*1 C 'a ~3 ~3 \ H b n v C7 1-1 H H x H \\ H L1 H [7 ~ O '*f '*1xC O O ?C O Ctnz 2: vlmmx O O n O YY O b O '~f H C C v 2' H H 1-1 H < 'O O O\ [a [a (d H H Rl ~7 1 1 H H C b x z d b ?~ x b m .3 H w b y y J J b m b Z r vv r t' N r H3nn~~~°m t' r\ c' NN r ~ r v • • • M ro RI [a W N Ca • • N k Y Y • • • 41 .ro UI Vl O W O ro r O o to x< Y G] m x Y Y yy ro In In Y Y N X 3 2 Y Y N N A W 01 N N T N UI N VI m I O O 1D a1 W 1p b 10 10 O 1D 1p m A lJl A A VI 1p 10 Vl l/l O A VI A N N N O 1D 1 C~j H 01 Y N W O A A UI N O O O O W A m Y N A A O O N m N m N m m V1 Y -;~ C . . . . . . . . . . . . . . . . . . . . . 1 m O O N T O O N 111 01 O O 01 Y W J N N O O O O J A 10 A 1p Q1 01 W O A O 0 0 0 0 O O A A A O O W W m V1 lJl O O O O O N O T O 01 VI VI 01 O PJ ~ ~ ~ ro O b Gl H m m to C ca v 1 1 J • • • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 O N O O~ O~ O~ O~ T O J m J m m O T O 01 0 Y O W W O O O O O~ O N O O Y ~+ Y N Y O A O~ A O~ O~ O N O J O Y O 0 0 0 O O~ O N O Y T W W W W W W Y J Y m m W O O J N Y N O~ O~ O~ N N O m 0 O~ b O 0 0 0 0 0 0 /•' m N b b O N O W b T b N N O b O~ O N O m J Y Y Y Y Y J lP A N A O O~ O N J J A 0 0 0 N N In O~ N N Y b b O O O O O J O J b Y Y Y O ro ro ro ro o o z o o z z Y 3 3 y ~ n n H aoo Umi H u~i N y ym n n rCZ 3 ~ O< q O ~ y~ o z o 0 0 0 o G] o 0 0 0 o m o t1 o nG o b o o h o r o x o 4 Z o 0 0 0 0 o q o 0 0 0 o m o- 0 0 0 0 0 0 2 o ro o o p7 O ~'*l mmmmmtn mmmmosr ~ ~2 ~r oo mr m ~Z .~ Yq YrF+Y F+ Yoooor ox Yq o pots] Nb Y r 2 YM ooo~+r Rs obbbb m0 Ar bro W w2 N A bri J r b m J Y O O m b J O~ O E N d A t1 U1 A y ~ M A ro N t+1 H n W Y r r Y Z '*1 O Z7 W z ~ d N N y z °a An y W bn ~ v O XI b N [•7 M r ~ _ n Z O OOOOO n 00000 O O 01+1 OO M O y O O J J J J J J J J J J J O~ J J 'p J J O O~ O J J \ \\\\\ \\\\\ \ \ \ \\,'D \',C O O O O O O O O O O O N O O o 0 0 - N O O N N N N N N N N N N N b N N W W C J N W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ ro \ \ \ N N N N N N N N N N N N N N N N 'N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r Y Y Y Y Y r r r r r Y Y r Y Y Y Y Y O Y Y Y Y O 0 0 0 0 0 N O O J A O N N O m m m !r O O O O O O b O O A N O b b O O O O Y N N N N N o Y Y O O Y O O ~ 1 1 1 1 1 V I I I i 1 I i i i ~ ~ Y W W W W Y N N Y Y Y 01 Y Y m m O ~ 01 O 0 0 0 0 0 O O O O O O O O O O O O O W A R A N W O O H to N O ~ ~ Y N O O O IJ1 0 0 0 !n V1 VI In O O O In O O O O O /n ~ ~ i i i ~ i l i ~ ~ ~ i I i i~ i ~ ~ V1 VI Vl Vi 111 VI ll1 V1 M In N A U1 111 J J N A A Y W W W W Y N N N N N A Y Y W W Y A A N N N N N N Y N W W W VI W W W W O t!~ In . . W A A A A W A A A A A O A A J J N O O O O O O O O O O O O O N O O 0 0 O A A N N N N N N N N N N N O Y A 0 0 O O O O W W W W O 0 0 0 0 0 O A Y W W Y O O n y7Cm3H l*1mXmd n 's] m ~+fb 7o n n 2 OtsJt+lts7C 33tVtiH y ~-+ C m m r r O r ?a r d m ro m ,ro d 3 r rn R7 3 H q q r£ r NM rb On ro y H CnH H In In < c~r,c~b c~xmr ca z \2 x to m M q Z 7o H m M 2 ~+ a ~ m 4 ~+ M x y O Xt 3 2 3 y Z M y rn C to 3 ~ ~ C r, < m;n<~+q < tanYmm < ~sf < ~ C to < ry < cn < M < M h7 n t7 th ~ H t9 :H K n z fn t+1 q pf 3 t+1 ts1 K 71 [sf zz df C'+] P7 '*J 2 r 2 7o r 2 G] x 2 Z 2 q Z n 2 ~ q 2 y Z x Z C d M d n H th d t7 :~ ~-+ q O d d H d d to H d d d 'Z 0 o x c~~ o zMZr o o z o o m., o ro o d o d ;e ~*f .ro q - ,ro n to tr1 q 7d 7C y ?o d .ro ro o'd ryy A 7~ H tGsf H H 2 y K O 3 H H Z H ~ y H Z H `L H y O r O O q O ac Z m O O q O 3 O O O O y y Z H y rn H y Z H t'] H N H ~ H ~l q q q m q q n q r q o q Y q q r r c~ r r r m r M r o r W r r Y w t y • • • ~ • • O a r r M x n x M n a Y Y .. m m W W Y Y b W w O~ O~ Y Y w Y Y r Y W W m N Y Y N O Y N Y W Y O O O O Y Y lA VI J J b b O O A !P J O A O~ J N W In N b m m Y Y Y Y O lP ~ m A A b b In W W J A Q~ W lr m O J W J In T O O A A b b A N N O 0~ O O O O O O b N O N m A O~ A J N Y b O O O~ O~ W W J W A O m O O O O m Y N N O O O O Y Y A A <~ m~ z~CO~ 002 n0~ m M ~ d~ o~ a~ O 3+ ~ OSp] ~ h] ',D Zro 00 n x m do q 7c y\ to d G dt q n n .O 1 C 1 I i y i tTl ~3 m x ro ~z O d C H .ro t*7 x ~i d n ro ro ~-+ ,ro A y O M KG]Ry7 O %~ m~m d y 3 J q w ~ y W o O b ~ c~ r ~ q No N 0 x ro m qz fA d O H '*7 C .. ~ b] 0 J q ~ ro o ro N < o tq' Y r b n m C Ch O m • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O~ O O O J J J J J J O J O O~ O J O A O O~ O O~ O N Y O O Y Y N r ~+ ,-' O O F+ \ O \ N O~ O N O N O O~ a W W A A W N A W W W A N W O ~O I1~ W N O U~ O O N A A 10 J~ A N Y A N W J A N ll~ N W N O N O F+ O O~ V1 N Ul 1+ N m O A i V~ \ N A O~ A O IP O N W W ~D A W N W N A O O A A A W O T N O r ~" fn fyyn fyn (yA N N Ul A7 ~ q ?7 ~ Z Z 2 rq~i q b O ~ d x O O O t~l ~ ~ R` ~"~ yx m m ~ n c~ c~ r 3 ox o000 0 000000 0 on om ororo otn o- o ff o 0 0 0£ 0 3 0 0 0 0 0 o m o m o• 0 0 o q o- o m m- mmmmq ob7 mmmmo,mr o~ m oho m m mq r Nrt+ry opo HrroroC off r oGl rq oy o~ N ~ V1 mmlO P] Nn JO~O~J W Jb] W q J Ap] 03 Jx mm l!~ O m ~O O 50 W G O ~O m N m W N ~L P {!~ N- 11~ 2' A A7 ro r H q 00 0 ~ ~ ain and ro m ~. p~ b E - J FL In K 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J J J J J J J J J T J o~ J J J J ~ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ O 0 0 0 0 O G O O N O N O O O O N N N V1 W W W W W W W ~O N ~p W W W N 1D ~O N N N N N N N N N N N N N N N N N N O 0 0 0 0 O 0 0 0 0 0 0 O O O O O O " o - o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r Y .• r r - f+ '+ r r r r r ., r r r .~ N N N O O O W W W N N O N O N N N N v~ m ~n o 0 o N r r v+ ~n o ~o o in in ~o ~n 0 oor~r r ooooor o r o 0 0 0 A W W W N N ~O ~O ~O A A W O~ J A W Q~ O~ O O O O O O 0 0 0 0 0 0 O O O O O O N A N W T N N N N N N W O O F-' O O O tl~ O N O O O O O O O ll1 t/~ N ll~ O UI U~ V1 1 N U1 V1 V1 l/~ {P N Vi ~ N l11 VI l!~ VI V1 Vl a a A W W W Y N N N N A A W 01 J A W A A N N N N W N N N N N N N A W N N ll~ I!~ A A A A A W A A A A A A A A N W O O O O O O O O 0 0 0 0 0 0 O O O O W A N N N N N W N N H A A A N J O O O O W N N N N N O O O F+ !+ Y O O A F' O O n y3rom rn nnn£ron H m vi y n 0 om~a a ooo~ro x ~o in y z r y r°xr umi 3czicxix`~i% ~ ~ ro m b uqi ?7 G1 b m v n C P ay ca q b ro m ca ~n q q 'L \ H 7d Z of to 7n ro< 4 x y ~ n HcnOx M HlAUI asxmx n m m x y M ~ ~ m y m H C<tl < fn (n 7: H C [<+1 O P7 L~+f m P7 M ~ m ~ [<~] '+M1 m ro x qz z H z ~ v,v~~~m z z x ro x q z ro z ~ x r~ ~d rq v x v o v r ro ro y H v v r v r v q v v v z o xm o z o Hz~oox o m o b o r o H o o v o ;t7 £ ro A A m H H x G) .'d trl A n ?a O 7a A .'~ :n A n y K (q'7 H ~ y ~~~ ?C y N y 3 y Y y ~O H H ~-7 m O m th O r+ O ~~%111 to (n O O O [a O Z O 7C O O O n7 y y m y .~ C H y x y n H O y y y n q q ~ q ro m cn q q H % m q v q q x r r .- r rov~rom r r r c r r o r in ~ J n < .+ x u~ H o y n m m 3 r y m 0 N O V N J W m m m W r roy yf o q 0 7a 0 o K m J 0 N O r N 0 T O N A O N O H x y H x 4 n y 0 F m W O~ VI W V H N N N a ~O ll~ ~p H A V1 N J J tP ~ Y / Y N O Y W A N K a A ~O O N m W N N O O ll~ U~ V~ IJI ~O ~O m m t!~ t/~ N N m O~ '+ N F+ J J N W ~D J U~ J ~D O O ~D ~G O O lli VI A A ~p ~D O O N A m N N A A A W A N T N a O O A A O O O~ O\ O O O O O O l!~ V1 lp W O~ J O~ O~ N m W A J O~ A O O A A O O J J O O O O O O <~nroro H m ~ .. p a zz Z~ y 2< O~ K O M O ro ooz~o yzy~ ~O ~ ^7 m 3 v 1 ~ . q O o < ~ A 3 ~ m W\ x~H o d ~ O ~om ~ ~ q r N ~ 0 <z p op3~ H o2m~ m m .b N o ro z• 0 0 ~+ n S M vn qx y \ RJ d G m q n n zo O C y n1 X z q to d H Oy ~ G .. ~ m m ~ q f~ \ ro nH ~ oro ?7 y m 7d H M 3 \ O o b y H o r ~ O ~' z a i ~ M ro ~z 0 d 4..~ H zy H C M m ro d b H L7 m C m v ~ ~ ~o • :• ~JJ ~_J • O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O~ O r r 0 O~ O N N N N O O~ O 0~ O N O r 0 IO O W O O N r 0 0 0 N O J O~ O~ O~ r N N r 0 r N r 0 y 0 ~D O N O J ~O ~D W O O O ~D ~O b m J r ap O O \ W ~ A J W W N N N N 01 N O O ~D m J A O J N O VI N U~ ~O r Vt Q~ O m r N m O V1 W r ~D O VI O W J iR lJ~ W V~ O A r O o N r Y r m \ N N m to to M to m r y o m m ti ~xy x n n v. o b m M ~ r m :-3 ~ y H b r z en m o 0 0 0'+7 ooy off 00003 00 om o-~ ob ob ob ooq off ooH ot7 000 off o;U o~7 0 0C oM on o0 ~x a+~x ~O mmmm mH a+0 ma7 mZ m3 0 00 r b N N y O r r r r r N O- N O r H O ro O 0 0 A r W W [s] ~] O C~ O~ UI V1 r O~ m r m J O ~O r N N N n m royx ~o XI ro~omK N[y m£ ~W rx NO Nm inAH rrb VMi R~ rb Z H rtn to 7MO r e ~u n ~c • d .o n ca m wwR9 £ J H Jx O !n r r- Kl r ti] m 0 b '•1 W W H W m O VI b H x r IA n (n z m o o m o~ o o n o 0 0 0 0 [] o 0 0 0 0 o n o 3 0 0 0 J J J T J J J J ~1 J T J J M O~ H J 3 J J n \ \ \ \ \ \ \ \ G7 \ \ ~ \ \ m \ b \ M \ \ r 0 0o N 000 oM o N o oy NH o;v oob N l!~ 111 ~O W W W W ~j0 W lp V1 W ',d lp M W n W W y \ \\ \ \\\\ \ \ \ _ \H \O \C+J \\N N N N N N N N N r N N N N n N x N N N O ' 0 0 0 0 0 0 0 o r o 0 0 o y o 0 0 o x 0 0 0 0 0 0 0 o ro o 0 0 0 0 0 0 0 r r r r r r r r r r r r r r r r N r r N O O O O N O N r O O 0 0 ~o ~n in co 0 0 0 0 u+ o ~n r o 0 0 0 0 0 0 o r r r r o r o o r r r r O~ W W O~ r r H r A r A N O N r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N r O N N N N r A r N O N N N VI (1~ N U1 U1 V1 V1 U~ O lI~ O O O O O O VI U1 UI A V1 VI l!~ N U1 U1 VI U1 N l!~ In Vf T W W A N N r r A r A N r A N N Vt r r r r N W N W O r r r . . . . . . W A A O A A A A A A A A N W A W O 0 0 W 0 0 0 O O O O O O O O O O r r O r r r r r O r J O W O W r A A o N N r r o w o o r o A o fn Z z H r n O n ro n n n O n n N C U H O LU H n d O :V Xl H 3 0 v,m H HoxH z~ o H H o n n ro H m K 3 O ;V m ~ ~e rCC r A M R7 ,77 b [O r b H ~ A H K n x 3 n m r r m ~ m o~ y K m ~ ca ny$ c<n H ~ Q m m m }~qd m x m m O d 0 O ~ O x C to to O ~ O v O ryy O Cyy O x O f] O [M*1 (iii O x < < ~ \ ao H ;u ~ as yo b ro ~ H a~ ~ x ~ z ~ mro ~' ~' mm~n N ~y o H b H ro ro H H to M H J H b H Mf H H d H J H m ro H n O b b O O 4 O \ O H O :a O ~-' O C O \ O \ O 7C H H H H H C y o H b7 H H r H RJ H o H o d H to b A~ b b Z 4 4 b r b b y b \ b to b ~' b ~' Q b r mm r r M r~r~ r r ~ r ro r r t, r ~ r ~ m r m 'A W N ~D ~ fn in m < \ . , 3 H m N o \ n m n \ o r o 3 • P7 r o r fn N r N r r r r r r r Vl A A A o o r r m A A ~p A A ~O O A A VI Vt O O O~ O~ Vt l!~ m m N J W N r W W O A U1 W 01 N V1 N N m m W W H r W W W O~ J O W m T r l/i V1 N J ~O O A O O J J O O ~O ~O ~O ~D O~ O~ V1 O N m A r ~p N O O 01 J VI Vl m O O VI I!~ O O r J J N N O O O N O tli Ut O O O N J O O ll~ O O r r O O N N O O N V1 O O O N o < o P7 0 r ~z~o~ A ~ O O N Hz. o no M to < m. x ~ <yz~ ~ ~y ' H OC 3 ~znm~ O ~ O ro a z• d ~ O O ~ n x m on b~ H\ ~C L*1 b n n ~xo O G R7 y n H M [~] ~ 3 O z H ,roro H o m "~ Q ~y O "X7a 't1 ~ N 3 ~ W \ H W O O ~n m c~ r \ 'q N 0 m 0 x ro bz to d M O H ^l C .. ~ m O Jb \ro Oro O ~ r H H M K ro ~z O O G H y as m ~y x ro d b L1 ~ t•1 N N C m p r ~. o C~ 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O w 0 T O 0 0 0 0 0 r o 0 o J O r o Q~ o O~ o m O~ m o A F+ N O O T O 01 O ~O O O O \ Y 1+ O N O \ N \ N N N N !/~ J A W N O N O A W W m O VI T W N O N A N N ll~ J lp N 0 0 1p m 0 O~ O J ~p J UI ~'' ~ N m N O U~ ll~ ~O N N N ~O W N W m N N N V~ 01 ~p N ~O O A O U~ \ m \ O O m A O O J 1p O O 0 0 0 O O Y N N Y N H H H ~ H ~ H H H m y y m y z O r w x x x H H :~ '0 3y ~ ~ n Cr' p 0Og ~ tin < Z ~+ io M ~ H ~ y H H tzii b H m o z o;u o 0 0 o.£C ot+ oz on o~yy o ooo~n on ow o or o4 0y 0[+7 ow o?o oy o ooo~+ mx mn m mq mU mz oK on mtn m- m mmmz rOJ rx N o-+q ry NH o o~ rn] o ~+ f+rr q r3 W q N A,ro W Z w W,~f A mryC J3 0 ~n ~nAr a+r J,v A O ~O z W ~b7 O A J f~ F' O~ OHO r g O b ro0 O M w z H p H o to Xf ~o K 0 0 0 0 0 0 0 0 o t+ 0 0 0 0 0 J J O~ J J J J J J Z ~ J J J J \ \ \ \ \ \ \ \ \n \ \ \\\ O O N O O O O O O N O O O O N N J N N V~ W W W ~O N W N N \ \ \ \ \ \ \ \ \ \ \ \\\ N N N N N N N N N N N N N N O O O O O O O - O O O O O O O O O O O- O - O O O O O O O O O r r r .• r r r r r " r r r .~ r W N O N N N O O N N O N N N r.~ in o ~o ~o m o o v+ ~o o ~n ~o ~o 0 o r o 0 o r ~+ o o ~+ o 0 0 ~D W O 01 01 W 1+ !+ W O~ N 01 O~ T O O O O O O O O O O O O O O N O - 0 O O A A - O O O U1 O O O o vi o v~ in o o ~n v+ ~n o u+ ~n ~n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i r a~ U1 N A A Vl l/~ V1 V1 A V1 l!~ l!~ l!~ N W N A A W N Y W A N O~ O~ O~ N N O U~ U1 N W F+ N ll~ W A A A . . . . A A N O O A W N A O A W A W 0 0 o N A o 0 0 o a o 0 0 0 N N O O O N W O N O N O O O A o r o o to i-+ A A o o r .~ .~ b A to yny tn" r m X CO C O C 3 C [%' ~ ~ ro m b ~ m ro tgii Gzi 3 r 3 K r .+ m m n z u~ cn o m a~ o z n x ~ m o z.ex x x z ca- x b m to x .+ m < m < z< < ~C7a, z mm z< w < o z< z< m < Cm z< m < n m yn d rmi d C C uNi d t7 C Z C7 3 G O C Gr-' l7 t3~7 O Z ~y ~ ~y O ~ H 3 o n o 0 0 0 o O o g o to 0 0 o z o [7 o n o a~ ~.. z x z z a z r 7u ~+ ~o £ ro o x z m ~ ~ .. m H P7 H z H H H H H H H H o ~ o u, 0 3 0 0 0 o x o n o trii o o s o nzv H n H H H m H H H H to H to H O H H O H x G] r b m b b q q b b ro b ro b b z b T~ x q m .+ r ro r r r ~ r r r a r ox r \ r x r t' m r oy • q a • r • • ~• w r H • N £ • • n • n ',ZI W O K x H ~ o r ~c to C r 0 O N A C ?0 2 n x m n x sc N N •• N N O O N N m m N N N N N V 0 0 .~ J A A 1!~ l!~ O O t!~ lA In Ut J J W O O ~D W A W ~O b A A m m m 1C 10 O O O O O O VI VI A A m m A m A m O O m m O 01 O O O O O O O O O O O O O O A A W O N 01 O O N N O m O O O O O O O O O O O O O O N N N O A J m r t+ W W O O ~ N A A r r <~ H M ~ Z G ~ ~ O O Z i no. [7 R9 z~ d o~ x~ <O y z n ~ ~ Ox A v O O ~ n x m on q X H \ h1 ~ m q n ~~zo OC i H O V7 n .+ ~m H 3 O x m x ro ~z O d C ~ zH H C Am d H N C tr1 d nroro r. A ~ K G7 'yO O ~ , '~l ~ [q .. d y~r F 3 J q W \ H w o O~om c~ r \ b N 0 N m x ro m bz cn d O H 'n C .. ~ of b \ro m ~ o q or r r • ro b O W N ~. 0 • • o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ro ro o N O J O o 0 0 0 0 o r 0 IO O O W O n o r 0 .~ o O (/~ (n r In O H O O r r H N W N ~O Y A N J A o m J J J J J~ V1 ~ ~ A O ~ O~ ~ O m W W W J J m A N r N r 0 0 0 0 J A Vf r m N m m N J J d N W W N ~-+ 01 N J~~ U1 N b A lP 3L N m m W J J N r i A O r O In J In W A N r In N W mmrm~c ~ m to r ~ £ E £ mmmmm < G- o Q GG mG A O x [~f to q oooooM A oz Z z ,a~ C ~ H In ~ r r N r r i0 H Y H M H W (/] (A .'9 ~ H H y r r r r r H \ H < n z toitvoivoitonvoi0 H m m O J H ~ r 9 3 0 0 0 o z G] O d ~ ~ q M m oor otn off 00000 0 ~ ob oy o~ otOi~ o~c off 'U mmK mH ox mmmmm mq o«C o 03 off o 0 Nr r[p o- rrrrr rK on o[Hq ry on Np o~ ~ A A 3 r~ r O A N W N 01 H ~D ~ N fn J M In O N C W z r x W H Nro ~,'3 rro oa o z `D to ~o z H o cOir y2 ~ H ~ ~ t0' '~ ° b C -"~ J z ~ to ~ •~ t' v z m r 00 on o 00000 otH+9 0 otr1 oK oq o 0 J J J R1 J J J J J J J fn O~ J R7 J J J J \ \ \ \ \ \ \ \ \ \ \ \ < \ N \ \ \ 00 O O O O O O O O (A N O H OK O O O UI N W W N N N N W N$ ~D N n W (n W !P W \\ \ \ \\\\\ \ \ \[a \H \ \ ~ \ N N N N N N N N N N N N N[q N N N' 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 o O o 0 0 0 0 0 O O O O (A o O o r r r r rrrrr r r r r r r r O O O O N N N O O r O O O A O N O O O O lT N N O O !n O O O O O b r r ~+ r o 0 o r r o r r o r o r r r r N A A N Y W O r r m r m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to A m o r r. r r N r o to m r N o o to o to m to to o o to o 0 o to m to N !n N V1 !P Ul In In In V1 N In In J N to r r r r N A A N r ~..~ W ~..~ W W W r N N N N r N O W W W r A A A A N A W W A W W N A W J A A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A A Y O N O O N O O O N O O r r r !P A O r r O r r r r N W r O r;a 3 m nnnnn H q ro x r H mtn o x cncnca~nm z o m ~ m z H< ro rrrrr ~ y m ro c~ v, HH ~ M rrrrr m x H r q y M rn x x ro r q q q r p zH_ r rn rororororo H «~ c~ n r c x 0 K t+] xxxxx n t+1 p7 D7 n ~ Mz_ ~ ~+ ~ q m °x oz oz °z oz ~ n m o m m m m ~b m ~ m o z bro x m z r z Mmmmm z oy z x z y3~ • O - tp-t O < O O °o n n n n n O «3 O H O C' O y O z O H O '*] M M z~ H ;o £ z x x x x x ,'t1' p1 ,'+tl H ,hU H ;u 07 A z ?o A m H n yy c~c~c~oc~ o o z M z M H ~+ H tf H x H y y M to y H r H z H G1 H r H 'n H m H O b7 z~ O O n O ~~ ~ O O to O O H O M O m O y r c~. H H m H ro m m n~ H m H H 3 H y ca H A H s' o~ q q q E r r o rs q C ~ ac q q q q q q r ro v r r J r t7 t7 o s r ro N r n r r r H r mq \ c~nMO ro ~ x b • fA '+f • • N • • y 4 O H M L+7 H O H G ~ yy~ lMn ~ h7 H [*1 ro ro • m ~" ~ J r r N tD W m m N N A !+ r r A A O O J J m ~ O O A r w r r yr N m r A r lT In b ~D m o o r r In In W r J N A N N O O ~O to lfl '+ N r N N A A O O H O O O O O O N N ~O A O O O O O A O~ W J J J O O O O ~ O~ O O O O Ut Vt N N O O O O O H) (T O W N ~D !n l!1 O O O O O O O O O O O O <~nroro m ~ N A z ~ ~ocn Z~O ~ KG]ro ooz ~ o~' no ~ ~n3m m •• d ! q Glo h<1 i q w ~ z~yWO d ~ Oro o+ ,Oro ~ q r n\i <z~ o O b ~ _r O x m M m A o ro •• 0 0 ~ ~+ n x m on q 7c H \ t+f d C b] q n zo O C z y 0 m to ~m H 3 O z m x ro ~z ~ O d ~C .'V DI x o m x ro [9 qz y d M O H '*] C .. A m 0 Jq \ro o ro ~~ oy or r M i y m c m 0 a c~ M N 0 0 0 0 0 0 0 0 0 0 0 0 .] O T O l!~ O J J J O N N O W O \ N O O N O O O O O W W 1 m 0 o W oa t•o mm-lA a am r a N !+ N A W O O~ A H W Y ~O U~ N W ~p A O O to ~ W N A W ~ N W W W W W A W H H r r r fr O LtJ H H M x y a~ r r r H H °x H z ~ - n ~ m r x o~n o~ oy o00 oor ot*Oi o C o ro o 0 0 o r o o H o 70 on ~O m4 00ob mmG~ o- ox o,ro Hta ooo~o rrx o A H ~ b Nro -NN N?0 r r.j W 4 T V1 .j J '+1 ~D m J K v+ A M r O H z x HO t+r L1 "G ~o Z ~c ~o N J J 3 H v v G] m A d ~ 0 0 0 0 0 0 0 0 0 v v v JJJ JJn v \ \ \ \\\ \\o \. 0 0. 0 0 0 0 0 0• o W N N W W W N N E W N N N N N N N N H N O O O O O O O O 'j' ~ O 0 0 0 000 Don o H Y r r Y Y I+ H H N O N N N N O O N ~n o to ~o ~o ~n o o ~c o r o 0 0 o H f+ o A Y A O~ O~ O~ ~O ~O O~ 0 0 0 0 0 0 0 0 0 H u+ H o 0 o H_r o 0 0 o v~ vi ~n o o v~ u+ ~n o ~n ~n v~ ~n ~n in P H A O~ O~ O~ N N O~ N W A A A A N N A N A O A A A A A A 0 0 .- 000 00 0 o u o ~ ~ ~+ .- r .-• .~ A O O O O O A A O 3 ro H N H r r H GIH U7 xOx yry zzz HH z H ro H Z H H H x x H ~t' y K z nnn Zz n H [~] < p1 < < G] < H H a < O O < H o x~ cn r in rn o 0 o cn m o y m O tb' d b tl m d a d z d H~ d :~ rzo r o m o ~n o romro o xx o m roz ~ z m :v ~ z mmm z CC ~ to H ~-7 2~ H A H O H ~3 3o A H w 1~~9 Y ~ H O H ~ b b ~ O b + to r ~ ro ~ o r r ££ r + J M H M M \ r t9 • • r r r o ?0 o d O r r ~ y m d d A w V1 r N Y J W N H J J O O W O N ~O 10 1D ~O N N O~ lIi V1 J J O O N m A ~p A A ~p ll1 lli O O O N N O O -] N N N T m m ~O ~D ~O O O m m O O b ~ m N T N A O O A O O H H O O O O O O J ~' ~ O O ~ r J~ A O N m O ~O o Y to .~ Hm ~n,zz ooz~o~ n o ~ ~n cn ~ •• 0 1 y G] o < 3 v [!] I W \ Z ~ H W o~ d i O ~o m o ~ c~r\ ti ~ b N 0 <Z~ 0 O b ~ ~' Z (C] St 7 ~ Ox p7 m ~ N 0 ro z• O O ~ w+ n x cn on bx H \ ~ ~ C b n n zo lo~ ~ O ~ to ~ y ~~a ~ 3 H «z m X ro bz vi o O H M o b \ro ~~ N°< o tb" ~r H • m x ro ~z 0 d 11 [sl O b G] [s1 y y C [9 v • K ~~ SARATflGA CITY COUNCIL MEETING DATE: July 18, 2001 2~ AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ,~/~ PREPARED BY: 0- DEPT HEAD: SUBJECT: Independent Contractor Agreement for Interim Finance Director RECOMMENDED ACTION(S): Authorize the City Manager to execute an agreement with Melissa Eddy for Interim Finance Director services. REPORT SUMMARY: With the departure of the Administrative Services Director, staff recommends hiring an Interim Finance Director on a contract basis for approximately two months, upon the recommendation of our current Administrative Services Director. The City Manager discussed this arrangement with Melissa Eddy, and she is available to provide these services to the City. The City Manager and the Mayor interviewed Ms. Eddy, and determined that she would meet the needs of the City. FISCAL IMPACTS: Ms. Eddy's rate is $70 per hour. She will work approximately 24 hours per week for two months, for a total of approximately $13,440. Salary savings from the vacant Administrative Services Director's position will be used to fund this contract. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If an Interim Finance Director is not appointed, the City will have a difficulty performing essential financial functions such as closing the year-end books, preparing for the annual audit, preparing for the new year's property tax roll, assisting with the capital improvement program budget, dealing with financing of the library project, and addressing miscellaneous financial issues as they arise. 3 {, ALTERNATIVE ACTION(S): An alternative would be to require exi:;ting staff to fill the dutif;s and responsibilities of the position until an Administrative Services Director. is hired. This would place an undue burden on the City's small Finance Division staff, and the City would nc-t be served as well by this approach as if an Interim Finance Director were hired to assist with the workload. FOLLOW UP ACTION(S): Execute and distribute the contract. ADVERTISING, NOTICING AND PLiBLIC CONTACT: Nothing additional. ATTACHMENTS: Independent Contractor Agreement for Melissa Eddy • • 2 of 2 w • CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Melissa Eddy ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). 2. TERM. The term of this Agreement extends from July 9, 2001 through November 30, 2001 or the retention by the City of a permanent Administrative Services Director, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and independent Contractor Agreement Page 1 of 14 equipment which may be required foi• completing the Scope of Work pursuant to this _ Agreement. City shall furnish to Contractor only the facilities acid equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. .GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other teens or conditions of this Agreement, the other term or condition shall control insofar as it: is inconsistent with the General Provisions. 6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by the City Manager ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's polic;ies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be give~i either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall. such a~urtesy notice satisfy the notice requirements set forth above; nor sha111ack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Melissa Eddy 18045 Reed Knoll Road Los Gatos, CA 95033 • Independent Contractor Agreement Page 2 of 14 • Notices to City shall be sent to: City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Melissa Eddy CITY OF SARATOGA, a municipal corporation Date: BY~ Date: Dave Anderson, City Manager Independent Contractor Agreement Page 3 of 14 APPROVED AS TO FORM: By: Richard Taylor, City Attorney Date: Attachments - Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements • • Independent Contractor Agreement Page 4 of 14 2 _ EXHIBIT A SCOPE OF WORK Services to be Performed: ^ Review monthly operations of Accounting Department, as needed, to insure all necessary reports and documents are prepared and submitted appropriately. ^ Oversee year-end financial audit, working with outside auditors and senior accounting staff, to research audit questions and insure final documents are prepared according to audit standards. ^ Monitor department performance against operating and capital budgets. Report variances to appropriate personnel on a timely basis. ^ Enter the approved five-year capital budget in the accounting system and set- up fund accounting to enable automatic carry-forward of capital budgets. ^ Implement project accounting module in Financial System to track capital budgets. ^ Attend meetings as requested. • Perform any other related duties as assigned by the City Manager. • Independent Contractor Agreement Page 5 of 14 EXHIBIT B PAYMENT a. HOURLY COMPENSATION. City shall pay Contractor $70 per hour for work to be performed pursuant to this Agreement., provided, however, that Contractor shall not perform more than 40 hours of work in any calendaz week without prior approval from the Contract Administrator. b. -INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: 1. Serial identifications of bills, i.e., Bill No. 1; 2. The beginning and ending dates of the billing period; and 3. A summary containing the total amount of prior billings, and the total due this period. c. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. d. REIMBURSABLE EXPENSES. City shall reimburse Contractor for reasonable expenses incurred in the course of performing services for City including travel from the City Offices on City business and other normal and customary expenses consistent with the City's expense reimbursement policies. Independent Contractor Agreement Page 6 of 14 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility not furnished to staff of the Administrative Services Department which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. • Independent Contractor Agreement Page 7 of 14 EXHIBIT D GEIeTERAL PItOVISIONIS a. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not'be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor~or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. b. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. c. TIME. Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. d. CONTRACTOR NO AGENT. Except as City may spec:ify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. e. BENEFITS AND TAXES. Contractor shall not have an.y claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance., medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind other than as explicitly set forth in this Agreement. Contractor shall be solely liable for anti obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay Independent Contractor Agreement Page 8 of 14 such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. f. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. - g. EMPLOYMENT ELIGIBILITY. ~ Contractor represents and warrants that he can provide the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation upon request will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. h. CONFLICT OF INTEREST. 1. In General. Contractor represents and wazrants that, to the best of the Contractor's knowledge and belief, there aze no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. 2. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after awazd, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. 3. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City boazd or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. i. COMPLIANCE WITH LAWS. 1. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local Independent Contractor Agreement Page 9 of 14 governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. 2. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term~of this Agreement any licenses, permits, and approvals which are legally~required for Contractor to practice its profession. 3. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 4. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining adrug- free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City.. 5. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. j. DOCUMENTS AND RECORDS. 1. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. • Independent Contractor Agreement Page 10 of 14 2. Retention of Records_ Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 3. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. k. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this . paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. RESPONSIBILITY OF CONTRACTOR. Contractor shall bear all losses and damages directly or indirectly resulting to Contractor on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. m. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. City and Contractor have agreed that insurance for liability to the City arising from Contractor's actions on behalf of the City during term of this agreement shall be provided by City. n. DEFAULT AND REMEDIES. 1. Events of default. Each of the following shall constitute an event of default hereunder: (a) Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, Independent Contractor Agreement Page 11 of 14 welfaze, or safety of the public is immediately endangered; or (b) Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfaze, or safety of the public is riot immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen _ (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. 2. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement. 3. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. o. TERMINATION. Either party may terminate this Agreement with or without cause by providing 14 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. p. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to nonbinding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall beaz its own costs and attorneys fees. q. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. Independent Contractor Agreement Page 12 of 14 r. JURISDICTION AND SEVERABILITI'. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. s. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is_ no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. t. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. u. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. Independent Contractor Agreement Page 13 of 14 EXHIBIT E INSURANCE Contractor shall maintain during the term of this agreement insurance policies satisfying the following requirements: X Auto I;iability Insurance with coverage as indicated: _ $1,000,000 combined single limit for bodily injury and property damage X $ 250,000 per person/$500,000 per accident for bodily injury X $ 100,000 per occurrence for property damage _ $ 500,000 combined single limit for bodily injury and property damage _ Garage keepers extra liability endorsement to extend coverage to all vehicles in the caze, custody and control of the contractor, regardless of where the vehicles are kept or driven. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. P:\SARATOGA\Contracts\rst008 (M Eddy Contract).doc Independent Contractor Agreement Page 14 of 14 ~a • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 PREPARED BY• ORIGINATING DEPT: Recreation AGENDA ITEM: CITY MANAGER: ~/ --~ DEPT HEAD: SUBJECT: Civic Center Master Plan Project Committee City Council Liaison RECOMMENDED ACTION(S): Appoint Ann Waltonsmith as the City Council liaison to the Civic Center Master Plan Project Committee. REPORT SUMMARY: As part of the Civic Center Master Plan project, Noll and Tam Architects requested that a project committee be formed. The group will meet three or four times over a period of three months. The committee will consist of Dave Anderson, Tom Sullivan, Joan Pisani and a member of the City Council. John Mehaffey has suggested that Ann Waltonsmith be the liaison, and she has agreed to serve in this capacity FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The committee will not have City Council representation. ALTERNATIVE ACTION(S): Appoint another Council Member. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ~~ i • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 AGENDA ITEM: ~ ~~ ~-~~~~- PREPARED BY: Mary Jo Walker & Lorie Tinfow DEPT HEAD/~ ~,~1 ~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: SUBJECT: Property Tax Levy to Service the Debt on the Library Bonds RECOMMENDED ACTION(S): Adopt resolution approving the increase in property tax rates 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 begin in February 2002. The County of Santa Clara, the agency that prepares and issues property tax bills, requires new property tax rates to be approved by the local jurisdiction and transmitted to the County by August 1. Debt service payments for the February 1, 2002, and the August 1, 2002 interest and principle payments total $1,041,570. The assessed valuation for all secured property located in Saratoga for the Fiscal Year 2001-02 totals $6,227,826,411. Therefore, the increase in property taxes to cover the debt service payments would be $16.73 per $100,000 of assessed valuation 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 $50.19 (3x $16.73) for the year. If a home was purchased recently for $3,000,000, the increase in property tax would be $501.90 (30 x $16.73) for the year. FISCAL IMPACTS: There is no fiscal impact on City funds by taking this action. • ~a CONSEQUENCES OF NOT FOLLOWING RECOMMENDEI) 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 ini°brmatiori to the County of Santa Clara Treasurer-Tax Collector's Office before August 1, 2001. ADVERTISING, NOTICING AND PLIBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution Approving an Increase in the City's Property Tax Rate to Fund the Debt Service Payments on the Library General V)bligatian Bonds for Fiscal. Year 2001-02 • CouncilRpt-Library Tax Rate 2 !~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA 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 2001-02 WHEREAS, 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; and WHEREAS, debt service payments on these bonds begin in February 2002; and WHEREAS, an increase in property taxes of $16.73 per $100,000 of assessed valuation is sufficient to cover the debt servic., payments for the year. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to approve an increase in property taxes of $16.73 per $100,000 of assessed valuation for the Fiscal Year 2001- 02 property tax roll. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of July, 2001, by the following vote: " AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk • SARATOGA CITY COUNCIL AGENDA ITEM EXECUTIVE SUMMARY NO. MEETING DATE: July 18, 2001 CITY MANAGER: ~--~~~ ORIGINATING. DEPT: Comm. Development PREPARED BY: City Attorney SUBJECT: Resolution Denying An Appeal From The Decision Of The Planning Commission; Applicant/Appellant-Adlparvar; 13921 Loquat Court; DR-O1-014 RECOMMENDED ACTION: Approve the resolution denying the appeal from the decision of the Planning Commission concerning DR-O1-014 on Loquat Court. STAFF REPORT: The attached resolution memorializes the Council's decision at its meeting of June 20, 2001 to deny the referenced appeal. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of Agenda. The hearing on June 20, 2001 was the subject of mailed and published notice. FOLLOW UP ACTIONS: The City Clerk will notify the appellant and the applicant of the Council's final action. ATTACHMENTS: Attachemnt A -Resolution denying the appeal. • 1 m RESOLUTION NO. Ol- RESOLUTION OF THE CIT~r' COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL FROM THE; DECISION OF THE PLANNING COMMISSION; APPLICANT/APPELLANT-ADLPAIdVAR; 1.3921 LOQUAT COURT; DR-O1-014 WHEREAS, the City of Saratoga received an application for Design Review approval for the construction of a new 3,369 square foot single-story home on a 10,083 square foot lot with an existing 2,089 square foot single-story.i=esidence that would be demolished; and WHEREAS, on May 9, 2001 the Planning Commission of the City of Saratoga held a duly noticed public hearing on saki application at which all interested parties were given a full opportunity to be heard and to present evidence and following t:he conclusion thereof, the Planning Commission voted to approve T)esign Review approval subject to various conditions; and WHEREAS, the decision of the Planning Commission was appealed to the City Council of the City of Saratoga by the applicant, Mr. Hamid Adlparvar; and • WHEREAS, on June 20, 2001 the City Council conducted a duly noticed de novo public hearing on the appeal at which time any person interested in the matter was given the full opportunity to be heard and to present evidence; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the application, and all written and oral evidence presented to the City Council in support of and in opposition to the appeal. NOW, THEREFORE BE :[T RESOLVED by the City Council of the City of Saratoga, as follows: A. After careful consideration of the site plan, architectural drawings, plans, and other exhibits submitted in connection with this matter, the appeal from the Planning Commission is denied and the act ion of the Planning Commission approving the Design review application is reversed, based on the following findings: 1. The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community viewsheds will, contrary to section 14-45.080(a) of the Saratoga City Code, unreasonably interfere with views and privacy of other residents in the neighborhood in light of the availability of siting and design alternatives that would avoid such interference. 2. The design of the proposed residence in relation to structures on adjacent lots and Resolution O 1- Page 1 of 2 to the surrounding region creates a visual impact of excessive bulk and is not integrated into the natural environment contrary to section 14-45.080(c) of the Saratoga City Code, in that the structure's design in relation to the land gives the appearance of excessive bulk due to its height, proximity to adjoining properties and relationship to the street. 3. The bulk of the proposed residence is not compatible with existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district contrary to section 14045.080(c) of the Saratoga City Code due to the bulk of the structure in relationship to the site; and 4. The proposed residence does not 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(f) of the City Code in that the proposed residence (a) does not conform to Policy 1 because the location of the structure on the site together with the design of the structure make the structure out of scale with neighboring residences and (b) the proposed residence does not conform to Policy 4 because the design of the structure and location on the site would interfere with the views of adjacent properties in a manner that could be avoided by alternative designs and locations on the site. B. Nothing in this resolution shall be deemed to prejudice the ability of the applicant to submit revised plans for consideration by the Planning Commission. *** The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 18th day of July, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk John Mehaffey, Mayor Resolution 01- Page 2 of 2 k • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING PT: Ci alter PREPARED AGENDA ITEM: CITY MANAGER: ~--~/ DEPT HEAD: SUBJECT: Resolution Denying An Appeal From The Decision Of The Planning Commission; Applicant-Nextel Appellant-Marolda; Cox Avenue and Cumberland Drive; UP-00-013 RECOMMENDED ACTION: Approve the resolution denying the appeal from the decision of the Planning Commission concerning UP-00-013 on Cox Avenue and Cumberland Drive. REPORT SUMMARY: The attached resolution memorializes the Council's decision at its meeting of June 20, 2001 to deny the referenced appeal. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: The City Clerk will notify the appellant and the applicant of the Council's final action. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of Agenda. The hearing on June 20, 2001 was the subject of mailed and published notice. ATTACHMENTS: Attachment A -Resolution denying the appeal. RESOLUTION NO. A RESOLUTION OF T'HE CITY COUNCIL OF' THE CITY OF SARATOGA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING THE APPEAL OF USE PERMIT APPLICATION UP-00-013 WHEREAS, pursuant to Article 15-55 cif the City of Saratoga Zonung Ordinance an application was made to the City of Saratoga for tJse Permit approval for the installation of nine cellular antennas on an existing utility lattice: tower and aground e-quipment cabinet (Wireless Communication Antenna Facility); and WHEREAS, following consideration and approval of the Use Permit application by the Planning Commission on April 25, 2001, the decision of the Planning Commission was appealed by the applicant Frank Marolda in accordance with Article 14-90 of the Saratoga City Code; and WHEREAS, the City Council conducted a de novo public hearing on the matter at which time any person interested in the matter was given the full opportunity to be heard and to present evidence on June 20, 2001; and WHEREAS, the City Council reviewed and considered the Use Permit proposed by the applicant in the exhibit marked "Exhibit .A," all as more particularly set forth in File No. UP-00- 013 of this City; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the application, and all written and oral evidence presented to the City Council ire support and in opposition to the application; and WHEREAS, the Planning Commission and the City Council have conducted duly noticed public hearings in connection with this matter at which time all interested parties were given a full opportunity to be heard and to present evidence; a.nd NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: SECTION 1. The City Council of the City of Saratoga hereby finds that: ^ That the proposed wireless communication antenna facility is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which it is located in that it is a conditionally permitted use that is visually unobtrusive. ^ That the location of the proposed wireless communication antenna facility and the conditions under which it would be ~~perated or maintained will not be detrimental to the public health, safety., or welfare, nor materially injurious to properties or improvements in the vicinity, in that: an Environmental Initial Study and Negative Declaration were prepared ghat found that the facilit~~ will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy; and that the aesthetic impact of the facility will be less than significant. ^ That the proposed wireless communication antenna facility complies with each of the applicable provisions of the Zoning Ordinance in that the location, height, size and use proposed are conditionally permitted in this zoning district. Therefore, the Planning Commission decision should be upheld and the appeal should be denied. SECTION 2. The Ciry Council hereby upholds the decision of the Planning Commission and denies the appeal of Use Permit Application UP-00-013. The above and forgoing resolution was passed and adopted at a regular meeting of the Saratoga Ciry Council held on the 18`h day of July, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk John Mehaffey, Mayor • f~ r ,~ .~,~ - • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING PT: anager ~- PREP AGENDA ITEM: CITY MANAGER: DEPT HEAD: 2J o ~~-- SUBJECT: Commission Attendance Records RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Attendance reports for all Commissions are submitted semi annually for periods January 1 through June 30 and July 1 through December 31. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Commission Attendance Records a~ d .~ R ~ O O o +• V O ~ •+ ~ t N ~ d ~ ` } O d ~ V Q fA C ~ d N ~+ V _o Nxxxxxx 0 M X X X X X 0 co Nxxxxx x 0 rn ~xxxxxx 0 O ~n j X X X X X X r O O X X X X N ~ d ~+ ~ O ~~ wNXxx x x m~ d d m c ~ c L ~ y o °~ ° ~ c c ~ ~ ~ ~ d o ~ ~ cv ~ °' c E-a.~ ~Y ~ c,v ~ ~ ~ ~ ~ ~ co c ~ ~ ~ _ 3 m C~~WZQ(n00 W ~~ ,:~ • Interoffice Memorandum To: Cathleen Boyer, City Clerk From: Mary Jo Walker, Administrative Services Director Date: June 15, 2001 Re: Finance Commission Attendance Reports for January 2001 to June 2001 January 8 February 12 March 12 April 9 May 14 June 11 Ernie Brookfield Present Present Present Present Present Present Ching-Li Chang Present Present Present Present Present Present Dick Carlson N/A N/A N/A Present Present Absent Robert Gager Present Present Present Absent Present Absent Michael Gordon Present Present Absent Present Present Present Sam Ochi Present ~ Present Present Present . Absent Absent Chuck Swan Present Present Present Present Present Present Copy to: Dave Anderson, City Manager MJW • ~: COMMISSION MEETING ATTENDANCE 1gECORD Date: May 15, 2001 - Commission: Heritage Preservation Commission Period Covered: January -June 2001 Number of Scheduled Meetings: 6 Regular Meetings Number of Special Meetings: 2 Special Meetings Commissioner Anderson, Nancy King, Carolyn Koepernik, Norman Peck, Willys Peepari, Robert Wyman, Beth Number of Absences 0 Resigned 0 0 1 3 2 Submitted by: Heather Bradley Staff Support L~ i COMMISSION MEETING ATTENDANCE RECORD Date: May 29, 2001 Commission: Library Period Covered: January -May 2001 Number of Scheduled Meetings: 4 Regular Meetings 1 Cancelled - No Quorum Commissioner Number of Absences Chair Manzo 0 Chandra 2 Cross 2 j Foscato 1 Gipstein 0 Johnson 0 ` O'Donnell 1 Submitted by Lori Burns Staff Liaison to Library Commission • ~.. :~ Parks &-Recreation Commission - Attendance Record For the Period January 1, 2001-June 30, 2001 Commission Member Alberts, Judy Clabeaux, Elaine Dodge, Sandra Fronczak, Norbert Ioannou, Sheila Olsen, Barbara Seroff; Nick Number of Meetings Attended 7 of 7 7 of 7 6of7 7 of 7 7of7 5 of 7 7 of 7 • • 7 L~ COMMISSION MEETING ATTENDANCE RECORD • Date: May 9, 2001 Commission: Planning Commission Period Covered: January -June 2001 Number of Scheduled Meetings: 11 Regular Meetings Number of Special Meetings: 0 Special Meetings Commissioner Barry, Cynthia Bernald, Mary-Lynn Garankani, Mike Jackman, Erna Kurash, Lisa Page, Chuck Patrick, Margaret Roupe, George Zutshi, Rutchi Number of Absences 1 2 Term ended 3/28/01 0 Term began 5/9/01 3 0 1 Term ended 3/28/01 1 Term ended 3/28/01 5 0 Term began 4/25/01 Submitted by: ~~ ~- ~~~~--(~ Kristin Borel Office Specialist, Planning Department r~ u COMMISSION MEETING ATTENDANCE RECORD DATE: COMMISSION: PERIOD COVERED: June 30, 2001 Public Safety January -June 2001 Number of Regular Meetings: 5 Special: 1 Joint: 1 Commissioner: Number of Absences: Andreson 0 Ballingall 1 Biester 0 Edel 0 (Resigned in February 2001) Galvin 0 (Joined in June 2001) Hexamer 0 Kane 0 McClellan 1 .(Resigned in June 2001) ~-_~ Submitted by: Paula Reeve Staff Liaison to the Public Safety Commission C ~~ L_~ r~ j~. COMMISSION MEETING ATTENDANCE RECORD Date: 4 June 2001 Commission: Youth Period Covered: January to June 2001 Number of Scheduled Meetings: 5 Commissioner Number of Absences Altafi 2 Atkin 1 Ballingall 0 Blair 0 El-Diwany 2 Farnum 3 Kirk 2 Levin 1 Luskey 1 Onn 0 Pramanik 0 Siadat ~ 0 Sywak 2 Wu 1 Respectfully submitted b Lauren C. Merriman Recreation Program Coordinator t ~~ SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 AGENDA ITEM: ORIGINATING PT: City Hager CITY MANAGER: ~~~ PREPARED B -- DEPT HEAD: SUBJECT: Confirmation Of Report And Assessment Of Weed Abatement RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolution. REPORT SUMMARY: Under State and local laws, local government routinely abate the seasonal fire hazards of weeds on undeveloped property. For the County and several cities, including Saratoga, this weed/brush abatement program is administered by the County Fire Marshal's office. In many cases, property owners find it convenient to have government take care of weed/brush removal and to pay through a property tax lien. This past year, the County performed weed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $ 29,555.27. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. Marty Hicks of the County Fire Marshal's office will be attending the meeting for any questions FISCAL IMPACTS: None to the City if resolution is adopted. City maybe liable for work performed by contractor for any assessments not levied. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None, this is the last City action in the weed abatement cycle ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Sarato a News on June 27, 20001 as required 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. ATTACHMENTS: Attachment A -Resolution Attachment B -List of parcels. Attachment C -Notice of hearing • • 2 of 3 :~ E~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED AND BRUSH ABATEMENT CHARGES WHEREAS, at a regular meeting held on July 18, 2001, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for weed and brush abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article i 5, 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 2001 Weed and Brush Abatement Assessments report, City of Saratoga, prepared by the Fire Marshal 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 parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of t%`s resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 18th day of July 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: John Mehaffey, Mayor r~ ATTEST: Cathleen Boyer, City Clerk 3 of 3 County of Environmental Resources Agency Fire Marshal's Office -Santa Clara County Fire Department County Government Center, East Wing 7o west Redding Street. 7th Floor San Jose. California 951 1o- 1705 (408) 299-3805 FAX 279-8537 July 2, 2001 Cathleen Boyer, City Clerk City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 RE: Public Hearing for Weed Abatement Assessments Dear Ms. Boyer: Attached is the list of properties located within your City's jurisdiction which have assessments for abatement work done this season. All`abatement done has been in accord with the existing agreement between the City of Saratoga and the County of Santa Clara. A combination of factors has caused an increase in the number of assessments and the amount of the individual assessments. The timing of the spring rains this year caused increased weed growth that has required additional work to be done to maintain normal fire protection clearances. In response to the severe fire hazard conditions this year we have increased the amount of vegetation clearance to continue to provide fire hazard protection in the City of Saratoga, and throughout the County. The rates for contracted abatement services have also risen significantly this year. Please provide for posting of this list and the notice of hearing: The list should be removed from posting once the hearing has concluded Thank you very much for your continued assistance. Please call (408) 299-3805 ext. 211 if you have any questions. Sincerely, ~ ~~ Marty Hicks Program Coordinator Hazardous Vegetation Management Board of Supervisors: Donald F. Cage. Blanca Alvarado. Pete McHugh. James T. Beall Jr.. Liz Kniss County Executive: Richard Wittenberg ao„ X ~ L~ O O O .--~ O O O O O O O O O .-+ O N O O to d! l!) n O O O O O ~O N ~O : O O O O O N i r Q `° 00 o d~ v~ M O O~ O d~ O d~ o d' ~o eM ,~ ~ o 00 ~ d~ o ~O o .--~ ~n ~O Sri d~ ,- r+ ~ r oo to r ~O ~ . J rr E!3 M ER ~-+ EH to fR M Efl ~ fA M tf3 L~ d3 .~ EA ~D Efl ~O r; ffl lf) ER h EA N ,..~ O Nj O~ ~ M ~ '"~ '-i 01 W J o ~ ~ ~ ~ a x a O O eM O~ L~ O O O ~O O O O eN N M M M M M O O O ~ O O O O M O O O O O ~-+ '--~ ' •-+ ~-+ ~--~ l1) Q ~ l!) O ~ ~ O ~ ~ _ _ O ~ N 6~ lf') O~ l!) ~ In O ~ ~ O ~ t!') O ~ l!7 O~ In . O ~ In O~ ~ O ~ Ln O ~ t! ) O ~ L!'1 O ~ In O ~ In ~ ~ Q 4 ~ j 4 ~ 4 4 , ~ j V , ~ j V ~ j , ~ j , ~ j q V , ~ j V , ~j V ~ V V V V - U V V V V V V V ~ bA ~ O ~ R ~ w i~l~. ~ ~' t0 tC O ~ v tC ~ ~ ~ ~ O ea tE 0 R 0 ~ ~ m O 0 0 0 0 0 ~ ' ~ o o m o ~ ~ o 0 0 ¢ o ~; ~ y Q~ ~ e° m ~ ¢ ~ G G ~ sue. ~`°. sue. ~ tC ~ ~`~. ~ G y O G G G G C Cn e C (n (J t C Cn R~.. i0 C/~ tC Cn t0 Cn L1. lC t/1 tC C!1 t0 Cn t0 Cn ~l ~ Cn tC (!~ tC (n RS Vl tC (n O p ~ p p O ~ ~.y ~ ` „". ~ i~l O~'~ +O+ 0J ~A O i ] r °? V ~~ ~'' U G" p ~ ~ V x ~ o U U ~ O (n v '~ ~ ° v ~ '' ~., ' j _ U '~ ~ w a~ co ra as ~ ~ ' ~ w ~ .n Q c a ~ ° t~ A Q cc ~ a C s. ~ O U v v v v ~ ~ ,, V ~ w ~ ~ O CJ w ~ ~' o ~ H ~ v ~ v o ~ o ca > a H o V m ~ 7 cC .fl ~¢ ~ ~ v -+ o 'O "O b '~ bA ~ ~ D CG ~ M a] 0~ ~ ~ ~ Q O ~ ~ w ~ A ry ~ r ~ O rr d~ ~ O O~ ~ Q In d~ H V~ n ~ O 00 N Q~ ~--~ -+ 'cM In e--i ~--~ .--i ~-+ ti , V a C, ~ .-w [~ Glr ~ ~-+ N tf) ~ ~-+ M e-~ . N O~ M O N .--i ~--i .--~ ~--i .-+ ~ ~--i e-i .--~ H cn ~, x ,, d ~ ~ a w F w ~ .~ w w 0 0 0 0 0 ,~ ~ d a. .wa w O ~ ,~ ¢ H U u u u U ~ n~ x Z ~ ~ A ~ ~ z x a a ~ ~ ~ ~ ° z ~ z o Q z x ~ d ~ H a ~ a ~ a ~ a ~ a ~ xi ~ Q d Z 'w^ z ~, d O ~ ~ O `i' ~ w w w i w w O w .a C d '-~ w ~ ~] z ~ a w w w w w ,~ p ~ Z Z d ¢ A A Z z ~ Q ~ ~ ~' d A z A z A Z O z A z G N d d d AG z d d p d ~ -a cn ~y d d d d d w z ~`" O H vdi O O H a O ,,Ya A w ~ ~n cn cn ~n cn ~ W ~ a ~ > 3 O O F ~ O ~ w dW ~ m ~ E" > (7 z ~ z z ~ U «, U ... U ~., U ~.. U ...~ A ~., Ca n z c a ~ O d a d w ,, a a >a d a d z d U w U U V U U Q p F V U U ~ O D x ~ x U d d ~, w U H ~ ~ a a a . o p . d~ M to to O H d' O N N ~O ~ C~ ~ 00 O ~-+ ~ N 00 OD O d~ d~ N L~ 00 O M M 00 ~--~ d~ O lf) O ~p O Z '--~ M O ~-+ O ~O O 0p O cr O O O ~ O ~ O M ' O a0 O ~--~ O to O N O 00 O O O M O [~ O n O n I a ~--~ M O n ~ M n M O L~ d~ L~ O C~ L~ M tt ) M O L~ M M ~ M N l~ N M N ~O l1') ~O ~ M ~-+ M 'r M Q O ~ 6~ M O to O ~n O~ M O~ M O~ M O ~ O t!') Q~ M O t1') O to ~ u"~ O t17 ~ M 00 M O~ M O~ M O~ M d ¢ d Q d Q d d d d d d ¢ d d d d d d O ~ -~ ~ ~3 ~ ~ `n v x ~ v ~ ~ ~ ~ CC O ~ .~. 9 [~ V 7 c i > H V to CC.1 d O ~ V cn Z U U U N N N In l~ O O er O~ 00 l~ M ~ M to O L~ O~ O C~ d' O O Ch N d~ ~ r+ ~ er d~ V~ ~-+ to M to ~ N .--i N _ N ~--~ ~ ~--' N ~ .--~ ~-+ ~l t n F O 00 O O O O O N O O O O O O O O O O O O O O O O O In N 1[1 a O~ N O O~ O ~ O ~O O e-~ O N ~O ~ N ~O eN [~ O d~ ~p ~ ~A O .~ M 00 ~ ~ ~ J C~ fR d~ EA t1) EA ~O fA N fA O ..~ _ to M ~r r-i M crj ~'~: .-+ Efl ~ ~ ~ Q ff3 EE? Et? EA K3 N a ~ a F F O F ~ d' 0 L~ 0 L~ 0 h 0 L~ ~ eM ~ d~ ~ d~ ~ d~ n ~ n eM rn N o n '-+ O~ O In O In O 1!') O L!") [~ In [~ l!') L~ ~ L~ In l~ In L~ In ~-+ lf') O In W O~ O ~ O ~ O ~ ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ O ~ z V 4 , ~j , ~ j , ~j , ~ j , ~ j , ~ j , ~ j , ~ j , ~ j 4 ~ V V V V V V V V V V V O is ~ f" y W W W a W a W a W a a +' ' + ~ ~ ~ ~ ~ ~ a a a a a .w+ cn ~ v > O o O $ > W > W > W > W > W > W v ~, o ~ ~ ~ ~ ~ ~ R ~ ~ ~ o 0 0 0 0 0 ~ ~ a ~ ~ ~ ~ x x x x x x ~ ~ ~, v, ~ °A ~ . ~ ~ ~a~ ~ ~ o ~ ~ A V ~~ ~ u u ~ a ~ ~ d ~ 3 ~ ~ i-i O (~ ~ ~ ~ U ~ ~ ~ ~ ~ p ~ F H H F H F ~ r. u ~ o.~ W ~ 8 S 8 8 8 g a~ ¢ ~ ~ a a a u ~' u b° ~ ~, ~ o 0 ~ ~ ~ ~, o ~, o ° 0 0 0 0 0 ~y fi r' 3 Q ~--+ M M M O O O O O O O ~ ~ V M ~ .-i .-+ N r+ N ~ ~ ~ a ~ ~ z .c ~ ~ o p o o a ~, Q Z z z z ~rri ~ '' w W w a a a a ~ a w z Q c 0 0 a ° 0 0 0 0 0 0 ~ ~ W W Q ¢ x Q N a a S a ~ u v u u u u ~ -~ .~ a> ~ ° ~ ~x z O Z ~ ,~ W cn F W cn F' u O a w a a Q o. Q a ¢ a, Q cs. C4 ~ Q ~ wa aQ Qa ~ Qa ~ '-~ z z z z z z w QC4 ua wU a a ~ o 0 0 0 0 o a ~o aQ wa of of z z z z z z Q ~w v~~ cnQ FC7 FC7 F a a ~ O ~ a ~ $C L~ ~A l~ 00 L~ N 00 N h O O~ ~O ~ ~--~ h 00 M L~ .-~ .~ N. N N N O O ~D ' a O ~ O [~ O ~--~ M M O N 00 M O N a0 M O a0 N M O N H ~ O N rr ~O O eM d~ ~ O M ~ ~O O ~--~ O O~ O ~--~ O O~ O O M M O t!') ~ M - Q O~ M O In O Ln O ~ O In ~O M ~O M 00 M 00 M 00 M GO M O lA O lfj - Q Q Q Q Q~ Q Q Q Q Q Q Q Q 3 v ~ v v ~ ~ ~. ~- ~' Ts Q -a Q •c Q -c Q -c Q ~ a, ~ 0 ~ 0 ~ 0 °: °~' °: a :: ~ ~ ~ in (n x ~ ~ ~ w ~ u ¢ ~ ~; ~ z z ~ z z z ~, u ~ N . + er ~ M O M ~ O ~-+ a L_ J r O 0 N ch ~, ,. .~ • • MEETING DATE: SARATOGA CITY COUNCIL July 18, 2001 AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP CITY MANAGER: .~~ DEPT HEAD: SUBJECT: APPEAL OF LL-00-005 & NEGATIVE DECLARATION (Peach Hill) The Planning Commission granted a Negative Declaration for the Lot Line Adjustment on a 6-0 vote and then denied the Lot Line Adjustment on a tie vote of 3 to 3. Section 2-15.050(b) provides that in the case of split votes the matter shall be agendized and voted upon at the next regular meeting of the Planning Commission at which a quorum is present, unless, within ten days after the date on which the split vote is taken, the applicant files an appeal to the City Council, in which event, the split vote shall be deemed a final denial by the Planning Commission of the motion. The Applicant/Owner HUSAIN/KHAN has appealed the denial of the Lot Line Adjustment. In a separate action, neighbors Alan and Meg Giberson appealed the Planning Commission action, which granted the Negative Declazation. RECOMMENDED ACTION(S): Staff recommends the City Council conduct a De Novo Public Hearing, discuss all the issues at hand and take the following action: 1. Adopt a Resolution (attached) granting the Appeal which will overturn the Planning Commission action denying the Lot Line Adjustment, and 2. Adopt a Resolution (attached) denying the Appeal of the Planning Commission action granting the Negative Declazation of Environmental Impact. REPORT SUMMARY: On May 9, 2001, the Planning Commission considered a request from HUSAIN/KHAN to adjust the lot line between two parcels (APN 517-220111 and 517-23-021) located at 15480 Peach Hill Road. The Applicant requested a Lot Line Adjustment to allow an existing lot line to move approximately 295 feet northerly between two existing pazcels with a slope greater than 20%. An existing dwelling located at 15480 Peach Hill Road straddles the lot line. The purpose of the lot line adjustment is to place the existing dwelling on a single parcel. As long as the existing dwelling is located on both pazcels, no additional dwelling can be approved for construction. The lot line adjustment will result in the capability of allowing one additional dwelling to be constructed. The number of parcels remains the same. The allowable density under the General Plan remains the same. The following two portions of state law were considered by Staff and the Planning Commission regarding this application 1) California Environmental Quality Act in CEQA Guidelines Section 15305 for Lot Line Adjustments with slopes in excess of 20% and 2) Government Code Section 66412 (d) concerning Lot Line Adjustments. One of the proposed parcels will have a slope of 29% while the second parcel will have a slope of 30%. An Initial Study was prepared for the proposed Lot Line Adjustment, which lead to the recommendation that a Negative Declaration being granted. The Planning Commission did grant the Negative Declaration. The Subdivision Map Act provides for in section 66412, "...lot line adjustments.between two or more existing- adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the local advisory agency." Typically, Lot Line Adjustment approvals are granted on an administrative level by the Community Development Director (Section 14-50.040 of the Saratoga Municipal Code). Since the request was a matter of concern to neighbors, the application was forwarded to the Planning Commission for consideration. Lot Line Adjustments are typically Categorically Exempt from environmental review. However, CEQA Guideline Section 15305 only grants the exemption if the parcels in question have slopes less than 20%. The General Plan Land Use designation for the two parcels is: Parce1517-22-111 Hillside Conservation Single Family Maximum density of .5 DU/net acre or 1.55 people/acre. Maximum intensity of building and impervious surface coverage: 15,000 square feet of 25% of site area, whichever is less. Parce1517-23-021 Very Low Density Single Family Maximum density of 1.09 DU/net acre or 3.38 people/acre. Maximum intensity of building and impervious surface coverage: 35% of site area. • The Zoning of the parcels in question is Hillside Residential (HR) District. The actual minimum parcel size in the HR District is calculated based upon slope. Please refer to the following table: Existing Proposed Code Minimum Lot Size 517-22-111 1.85 acres (gross) 4.6 acres (net) 3.73 acres (net) 517-23-021 5.7 acres (net) 2.45 acres (net) 3.85 acres (net) Width 517-22-111 160 feet 471 feet 100 feet 517-23-021 378 feet 244 feet 100 feet Depth 517-22-111 448 feet SOOfeet 150 feet 517-23-021 592 feet 462 feet 150 feet Frontage 517-22-111 551 feet 711 feet 80 feet 517-23-021 N/A * N/A* N/A* r NUIdb'G IIIGGIIJ LIIC ~JI UF7CRy ^OC Vl Q S1LC 3°ULUDg Oil 8 SRCCI pCi JCCiIOD 1J-VO.LYV.• 2 of 6 During the Public Hearing conducted by the Planning Commission, the issue of conformance to the Zoning Ordinance regulations was raised and discussed. Municipal Code Section 14- 50.040(b)(2) states that a lot line adjustment shall be deemed consistent with both the zoning regulations and the subdivision regulations if no new violation of such regulations is created by the lot line adjustment or if the nonconformity created by the lot line adjustment is duly and specifically approved. Before the proposed Lot Line Adjustment, there is one conforming lot and one nonconforming lot. The same will be true after the Lot Line Adjustment. Subdivision Map Act provisions indicate in Section 66412(d), that the City may not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances. However, due to particular concerns raised by the City Geologist, Assistant City Attorney Wittwer prepared a condition of approval that puts the applicant/owner on record regarding future processing of any application to construct improvements on the parcels. This condition is included in the attached City Council Resolution. The issue of whether Measure G was applicable has been raised. According to the City Attorney Measure G is not applicable as Measure G restricts the increase of residential Land Use densities found in the General Plan. This application does not do that. The allowable density is not altered due to the Lot Line Adjustment. There may be one additional building site due to the Lot Line Adjustment and other Planning and Zoning requirements, but the General Plan Density has not and will not change, that would take an amendment to the Land Use Map of the General Plan. The issue of vehicular access was raised during the Public Hearing conducted by the Planning Commission. The Gibersons, who appealed the Environmental Determination expressed concern about any access from Willow Creek Canyon. They indicated that access should be from Peach Hill Road. Others who spoke felt there was too much traffic on Peach Hill Road. These same residents raised issues related to the condition of Peach Hill Road. With regard to traffic capacity, Jim Jeffery, the City's Consulting Traffic Engineer, reviewed the proposal and concluded that if an additional dwelling were built in the future that there would not be any anticipated traffic problems. He also concluded that the location of the driveway off Peach Hill Road was satisfactory from a traffic circulation and safety standpoint. FISCAL IMPACTS: Not Applicable CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable ALTERNATIVE ACTION(S): The Council may deny the Appeal of the Lot Line Adjustment denial and Grant the Appeal of the Negative Declaration. If this alternative action is the Council's desire, Staff would recommend that the Public Hearing be closed and the matter continued to the next regular agenda so that a Resolution, with findings, maybe prepared for the Council's consideration. 3 of 6 _ FOLLOW UP ACTION(S): If the recommended action is taken, Staff must file the Environmental Determination with Santa Clara County. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Hearing has been advertised in the June 27, 2001 edition of the Saratoga News and notices were mailed to property owners and posted at the City Hall Kiosk at 13777 Fruitvale Avenue ATTACHMENTS: - A. Draft Resolution GRANTING the appeal of the Planning Commission denial of Lot Line Adjustment LL-00-005 and DENYING the appeal of the Planning Commission action granting a Negative Declaration of Environmental Impact. B. Planning Commission Staff Report dated May 9, 2001 C. Planning Commission Minutes of meeting of May 9, 2001 D. Correspondence and Appeal Application from the Appellants of the Planning Commission Denial of the Lot Line Adjustment E. Appeal Application from the Appellants of the Planning Commission Granting of the Negative Declaration of Environmental Impact F. Letter dated July 11, 2601 from neighbors Larry & Jan Birenbaum G. Plan Set H. Letter dated July 12, 2001 from neighbor Meg Giberson C7 • 4 of 6 Attachment A RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA UPHOLDING A PLANNING COMMISSION DECISION TO GRANT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND REVERSING.A PLANNING COMMISSION DECISION TO DENY LOT LINE ADJUSTMENT LL-00-005 WHEREAS, the Planning Commission conducted a Public Hearing on May 9, 2001, to consider the requested Lot Line Adjustment and associated Environmental Determination; and WHEREAS, the Planning Commission granted a Negative Declaration of Environmental Impact for the Lot Line Adjustment on a 6-0 vote; and WHEREAS, on a motion to approve the Lot Line Adjustment LL-00-005, the Planning Commission vote ended in a 3-3 tie, effectively denying the motion; and WHEREAS, the Applicant, HUSAIN/KHAN, has appealed the denial of LL-00-005; and WHEREAS, Alan and Margaret Giberson have appealed the Environmental Determination granted by the Planning Commission; and WHEREAS, the City Council of the City of Saratoga conducted a duly noticed public hearing at which all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, the following findings have been determined: • That pursuant to the California Environmental Quality Act (CEQA) and Planning Commission deliberations it has been determined that as conditioned the Lot Line Adjustment (LL-00-005) will not have any environmental impacts, including traffic impacts to Sunset Drive in that aone-foot non-access strip will be recorded to prevent any access from Sunset Drive. • That pursuant to City Code Section 14-15.020 the adjustment of the lot line does not in and of itself guarantee that a new building site has been created. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: 1. That Appeal of the Planning Commission action granting a Negative Declaration of Environmental Impact is denied, effectively upholding the Planning Commission decision. 2. That the Appeal of the Planning Commission denial of LL-00-005, which resulted from a tie vote, is approved, effectively overturning the action of the Planning. Commission. 5 of 6 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 18 day of July, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk • • 6 of 6 Attachment B ~ ITEM 2 REPORT TO THE PLANNING COMMISSION Application No./Location: LL-00-005;15480 Peach Hill Road Applicant/Owner: HUSAIN/KHAN Staff Planner: Kirn Duncan, Assistant Planner ~~"~ ~_.~ Date: May 9, 2001 APN: 517-22-111; 517-23-021 Department Head: ~~ 000001 1J4t~U Yeach bill Koad • • CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION EXECUTIVE SUMMARY 10/17/00 1/8/01 4/25/01 4/26/01 4/19/01 The applicant has requested a Lot Line Adjustment approval to move the existing lot line approximately 295 feet northerly between two existing parcels with a slope greater than 20%. Currently, a residence is located on top of the existing lot line. The purpose of the request is to correct this situation and create two parcels capable of supporting a residential building site in a Hillside Residential zoning district located at 15480 Peach Hill Road. STAFF RECOMMENDATION Approve the Negative Declaration and Lot Line Adjustment application by adopting Resolution LL-00-005. ATTACHMENTS 1. Staff Analysis 2. Resolution LL-00-005 3. Correspondence 4. Plans, Exhibit "A" C File No. LL-00-005,•I5480PeachFllll Road • • • STAFF ANALYSIS ZONING: Hillside Residential District GENERAL PLAN DESIGNATION: Hillside Residential-Conservation District (517-22- 111); Residential Very Low Density (517-23-021) MEASURE G: Not applicable PARCEL SIZE: Parcel A-1.85 ac (existing) Parcel B- 5.7 ac (existing) GRADING REQUIRED: No grading proposed. Existing Proposal Code Requirement/ Allowance Lot Size: Parcel A: 1.85 ac (gross) 4.6 ac (net) 3.73 ac (net) Parcel B: 5.7 ac (net) . 2.45 ac (net) 3.85 ac (net) Slope: Parcel A: 49% 29% Parcel B: 29% 30% Width: Parcel A: 160 ft. 471 ft. 100 ft. Parcel B: 378 ft. 244 ft. 100 ft. Depth: Parcel A: 448 ft. 500 ft. 150 ft. Parcel B: 592 ft. 462 ft. 150 ft. Frontage: Parcel A: 551 ft. 7,111 ft. 80 ft. Parcel B: n/al n/al n/al ' ``Frontage" means the property line of a site abutting on a street per Section 15-06.290 P'\Planning\Kim ll\LL-00-005 Peach Hill.doc File No. LL-00-005,' 15480 Peach Hz11 Road PROJECT DISCUSSION Background The applicant has requested Lot Line Adjustment approval for two existing parcels with slope greater than 20%. Currently, a residence is located on top of the existing lot line and has been the subject of previous applications. The purpose of the request is to correct this situation and .create two parcels capable of supporting a residential building site in a Hillside Residential zoning district. The Subdivision Map Act provides exclusions for "...lot line adjustments between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the local advisory agency." (Section 66412) Typically, Lot Line Adjustment approvals are granted on an Administrative level by the Community Development Director (Section 14-50.040). However, Staff has received opposition from two neighbors, therefore the applicant is requesting the Planning Commission, as the advisory agency, approval for this request. Access Current access to Parcel A is off of Peach Hill Road and access to Parcel B is provided by an existing 22 foot Road and Utility Easement that transects Parcel A. After the adjustment, proposed access to Parcel B would be provided by extending the existing Utility easement with a 20 foot Ingress and Egress easement through Parcel A. No other access is proposed for Parcel A and Parcel B. Lot Conformance According to the Hillside Residential zoning ordinance, each parcel in Hillside Residential zoning districts shall contain a minimum net site area based upon the average slope of the lot (Section 15-13.030 a). The existing slope of Parcel A is 49% and the net site area is 1.85 acres. Code requires a parcel with a slope of 49% to be a minimum of 9.25 acres, therefore Parcel A is currently not in conformance with City Ordinance requirements. The proposed lot line adjustment would decrease the existing slope of 49% to 29% and increase the net site area from 1.85 acres to 4.6 acres, which is well within Ciry Code requirements. The existing slope of Parcel B is 29% and the net site area is 5.7 acres. The proposed lot line adjustment would increase the slope from 29% to 30% and decrease the net site area from 5.7 acres to 2.45 acres. The minimum net site area for a Hillside Residential zoned parcel with 30% slope is 3.85 acres, which would take Parcel B from a conforming to non- conformingstatus. The proposed Lot Line Adjustment will create two parcels with a 29% slope and 30% slope. According to City requirements, a parcel with 29% slope requires a minimum of 3.73 acres and a parcel with 30% slope requires a minimum of 3.85 acres. The combined acreage P:~Plannin~Kim DELL-00-00~ Peach Hill.doc File No. LL-00-005,• 15480 Peach Hill Road required by City Code for the two parcels to conform with the requirements is 7.58 acres. However, the combined acreage of the existing parcels is 7.55 acres, therefore it is not possible to create two conforming parcels from the existing lots. The net effect of the proposed lot line adjustment would result in one conforming and one non-conforming lot, therefore not increasing the non-conformance status of these parcels. Environmental Review Typically, Lot Line Adjustment applications are Categorically Exempt from environmental review for parcels with an average slope of less than 20%. (CEQA Guidelines Section 15305) However, the average slope of the subject parcels is greater than 20%, therefore an Initial Study and Negative Declaration have been prepared for this application. It has been determined in the Initial Study that the proposed lot line adjustment will have no significant impact to the environment and Staff is recommending the Negative Declaration be approved. Traffic and Circulation The proposed lot line adjustment would create a parcel suitable for an additional building site in the area. According to the City Traffic Consultant, Peach Hill Road is not at or near traffic capacity and as long as the existing driveway remains at the present location, it is not anticipated an additional house would create a significant impact on traffic or circulation. Creeks/Watercourses There are two watercourses that flow through the subject parcels identified on the Santa Clara County Assessors Parcel maps as the Arroyo San Tomas Aquino and Willow Creeks. Neither of these watercourses are classified as `protected" by the Santa Clara Valley Water District maps. Any new residence must be approved through a Design Review application and demonstrate that the lot will not exceed the 25% maximum impervious coverage permitted in the HC-RD zoning district. In addition to impervious coverage limitations, any development plans will be required to provide a storm water retention plan indicating how all storm waterwill beretained on-site, and incorporate the New Development and Construction Best Management Practices. Geotechnical Review This application does not require review by the City Geologist, however any future development application will be subject to geotechrucal review due to the slope of the site. According to a feasibility study by Kern Consulting, Inc., submitted by the applicant, there are no known faults, unusual geologic or geotechnical hazards, or landslides on this property, and Kern Consulting recommends approval of the Lot Line Adjustment. Correspondence Staff received correspondence from Mr. and Mrs. John Travis, dated April- 23, 2001, and Meg Giberson, dated ??all of them??_ in opposition to the proposed lot line adjustment . Conclusion P:~PlanningUCim D~L.L-00-005 Peach HilLdoc File No. LL-00-005,• 15480 Peach Hill Road The proposed Lot Line Adjustment satisfies all of the findings required within Section 14- 50.040 of the City Code, the General Plan, and regulations contained in the Zoning Ordinance. The Lot Line Adjustment will not create any new violations nor will it conflict with easements acquired by the public at large for access. STAFF RECOMMENDATION Approve the Negative Declaration and Lot Line Adjustment application by adopting Resolution LL-00-005. • P:\Plannin~ICim D\LL-00-005 Peach Hill.doc APPROVAL OF RESOLUTION NO. LL-00-005 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA HUSAIN/KHAN; 15480 Peach Hill Road WHEREAS, the application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the Ciry of Saratoga, for Lot Line Adjustment approval for two parcels, all as more particularly set forth in File No. LL-00-005 of this City; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) it has been determined that the proposed lot line adjustment will result in no significant impact to the environment, and a Negative Declaration has been prepared; and Whereas, the applicant has met the burden of proof required to support said application for Lot Line Adjustment approval, and the following findings have been determined: • That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. • That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter 14 of the City Code. • That the proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties. Now, Therefore, the Planning Commission of the Ciry of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the applicatin of Husain/Khan for Lot Line Adjustment approval be and the same is hereby granted subject tot the following conditions: COMMUNITY DEVELOPMENT 1. ALL CONDITIONS OF RESOLUTION LL-00-OOS SHALL BE ADHERED TO. • File No. LL-DO-005;15480 Peach Hill Road CITY ATTORNEY 2. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the Ciry's action with respect to the applicant's project. 3. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this Ciry per each day of the violation. Section 2. The merger must be recorded within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, Ciry and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the Ciry of Saratoga Planning Commission, State of California, this 9`h day of May 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission P:\Planning\Kim D\C L -00.005 Peach Hill.doc -. Saratoga Planning Commission Minutes of May 9, 2001 Attachment C Mr. Bob Schubert, Senior Planner, advised that a three to four-foot railing is required by code for the light wells for safety. Chair Barry said the placement of the light wells should be adjusted if they do indeed encroach into the required setbacks. Commissioner Zutshi asked for the distance from the bay windows to the street. Mr. Bob Schubert, Senior Planner, replied 25 feet. Chair Barry pointed out that many houses do not have a straight line so some portion of the house. could be at a 30 feet setback and some at 25 feet. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Zutshi, the Commission approved DR-O1-014 to allow the construction of a new single family residence on property located at 13921 Loquat Court with the added conditions of approval: • The finished floor height shall be no higher than the existing finish floor height; • .The bay windows will be recessed so as not to impact the roofline; • The front entry will be changed in style to reduce the grandeur and the double door feature eliminated; • A minimum reduction of 15% in square footage; • The residence shall be set back where possible, with at least a 30-foot setback for the garage; • Minimize the impact of the light wells as they encroach on setback area; and • Provide additional front and side yard screening landscaping. (6-0) Chair Barry advised that the applicants have 15 days to file an appeal. Chair Barry called for a break at 9:10 p.m. Chair Barry reconvened the meeting at 9:30 p.m. *** PUBLIC HEARING -ITEM N0.2 LL-00-005 (517-23-021 and 517-22-111) - HUSAIN/KHAN, 15480 Peach Hill Road: Request for Lot Line Adjustment approval for two existing parcels with slope greater than 20 percent. Currently, a residence is located on top of the existing lot line. The purpose of the request is to correct this situation and create two parcels capable of supporting a residential building site in a Hillside- Conservation Residential-zoning district. 1VIs. Kim Duncan, Planner, presented the staff report as follows: Saratoga Planning Commission Minutes of May 9, 2001 Page 10 • Advised that the applicants are seeking a Lot Line Adjustment for two existing parcels with a slope --- -greater than 20 percent. • Informed that in 1983, a Lot Line Adjustment was approved for this property but never recorded and the approval later lapsed. • Said that there is an existing residence that straddles the current lot line. • Said that this Lot Line Adjustment will create one conforming lot and one non-conforming lot. • Advised that this Lot Line Adjustment will allow a new residence on the second lot. • Said that staff did. an Initial Study and is recommending approval of a Negative Declaration. Interim Director Irwin Kaplan pointed out that staff has distributed a written copy of the technical corrections reported at the beginning of this evening's meeting to clearly outline the amendments to the staff report. Chair Barry sought clarification that the 1983 Lot Line Adjustment was never recorded. Interim Director Irwin Kaplan advised that the approved lot line adjustment was never recorded and lapsed. Commissioner Roupe asked if the information from the previous lot line adjustment application is available. Interim Director Irwin Kaplan replied that this information was not available. Commissioner Garakani asked whether the house that straddles the current property line was constructed before or after the establishment of that existing lot line. Interim Director Irwin Kaplan replied that the home was constructed before the property was annexed into the City of Saratoga. Commissioner Roupe said that a rational for creating anon-conforming lot has not been provided. Interim Director Irwin Kaplan advised that there is no way to get two conforming lots. Chair Barry said that this lot line adjustment doesn't worsen the situation. Commissioner Jackman agreed that no new lots are created. It is the same number of lots. Commissioner Kurasch asked whether the lots are both in the City now. Interim Director Irwin Kaplan replied that both lots are now located in Saratoga. Commissioner Kurasch asked staff for procedures or rules that govern non-conforming lots. Interim Director Irwin Kaplan advised that there is an existing legal but non-conforming lot. If it were possible to create two conforming lots, that would be required. In this case, there is not enough acreage to do so. Sazatoga Planning Commission Minutes of May 9, 2001 Page 11 Commissioner Roupe pointed out that there is a bit of an imbalance between the two lots with Lot A having 4.6 acres while Lot B has just 2.4 acres. That will leave Lot B more constrained. Suggested more evenly balancing the two lots to provide a greater opportunity to build on Lot B. Interim Director Irwin Kaplan advised that this is a legitimate issue to raise with the applicant. Commissioner Zutshi asked if a more detailed survey is available. Ms. Kim Duncan, Planner, replied no. Commissioner Kurasch asked whether the lot is conforming if it is one parcel. Ms. Kim Duncan replied that it would be 7.05 acres. The slope density would have to be determined. If the slope were greater than 40 percent, building on the land would be prohibited. Staff would not be able to make that determination this evening. Commissioner Roupe sought clarification that the only ingress/egress to the two parcels would be off of Peach Hill and not off of Sunset. Interim Director Irwin Kaplan clarified that there is no right of access from Sunset. Commissioner Roupe asked why the easement (one-foot non-easement) is being retained rather than eliminated altogether. Commissioner Kurasch suggested that a permanent easement be recorded that specifies that Peach Hill will be the only access to the two pazcels. Interim Director Irwin Kaplan agreed that this would guarantee that such an easement is enacted. Chair Barry pointed out that this requirement is already incorporated into the conditions of approval. Commissioner Roupe asked where the sewer and utility easements are currently located. Chair Barry said that the Commission could impose conditions on the placement of these easements based upon the Subdivision Map Act. Interim Director Irwin Kaplan corrected the Commission by stated that a Lot Line Adjustment is a special consideration that is not a part of the Subdivision Map Act. The Commission is limited to zoning and building issues. This is not a subdivision under the law. Commissioner Roupe added that imposing future conditions could not be applied at this point. Interim Director Irwin Kaplan advised that one of the conditions states that there is no assurance that Lot B can be developed at all. To construct on that lot, the owner will be required to comply with all City regulations. Saratoga Planning Commission Minutes of May 9, 2001 Page 12 Chair Barry pointed out the strong language provided by the Assistant City Attorney on Item 4, page 8. Added that she would like to see this paragraph added to the Negative Declaration. Added that she had a problem approving the Negative Declaration as it appears to be in conflict. Interim Director Irwin Kaplan said that there is no intention to create a conflict. The lot line adjustment can occur and use of Lot B is conditioned that building on the property is contingent upon being found to be developable and meeting development standards. Chair Barry reiterated her belief that the Attorney's language; in its entirety should be inserted into •the Negative Declaration. Asked whether it has been determined if this property is located an a fault. Commissioner Roupe pointed out that there is a letter in the packet that states there are no faults. Interim Director Irwin Kaplan advised that the City's geologist has reviewed this. Commissioner Roupe added that it is stated that there are no known faults on or through the property. Chair Barry stated that she wants this verified. Added that the Commission has not seen the geotechnical map for this area and that she want to verify that the property is not next to or on the fault. Asked staff to explain the differences between Hillside Residential and Hillside-Residential Conservation zones. Ms. Kim Duncan, Planner, advised that they are the same. Chair Barry opened the Public Hearing for Agenda Item No. 2 at 9:45 p.m. Norm Matteoni, 1740 Technology Drive, San Jose: • Identified himself as the attorney and representative for the applicant. • Said that the simple issue is that they have two lots. The northerly lot is the large one with about 5.5 acres. The southerly lot has a house straddling the property line. They propose to shift the property line northward. • Explained that the two lots are not even because they were attempting to created a lot with a workable building site area to eliminate the need for excavation and/or grading in order to accommodate a house on the property. This configuration offers a flatter building area and includes appropriate contour lines. • Added that with slope formulas, setbacks are established that will fit with the design of a home in the future. The existing home was built without permits in the 1940's, while under County jurisdiction. The existing lot line is the old section line. • Advised that Sunset Drive was originally established in the Glen Una Subdivision at the end of the 19`h Century, beginning of the 20` Century. Sunset does not intrude into this parcel. The Sunset easement is at the City Attorney's recommendation, aneasement of non-access so that that connection cannot be made in the future. They cannot abandon or grant any easement rights because they were originally dedicated to the County and the City now has them. Chair Barry asked for verification as to whether there are two accesses to the property. Mr. Norm Matteoni: Saratoga Planning Commission Minutes of May 9, 2001 Page 13 • Advised that access to this property is only from Peach Hill Road. There are easements off of Chair Barry asked what the status is for the access easement for Lot B. Peach Hill. • Added that this application seeks to correct an existing situation and does not worsen the situation but rather improves it. • Added that they have undertaken geologic and soils evaluations and the outcome was provided in the staff report. The report finds no impact. Further geologic review will be undertaken with any specific proposal for a house on Parcel B. • Pointed out that the conditions go with the property. • Reminded that there is no specific application for a new residence on Lot B at this time.. Mr. Norm Matteoni replied that it will be recorded to define the path and assure access to Peach Hill. Chair Barry asked what would occur if future geologic problems are discovered. Mr. Norm Matteoni answered that they will be unable to sell the land without appropriate access. Clarified that the Santa Clara Formation Fault is north of the westerly edge of this property. The letter in the packet states that there are no faults shown to cross the property. Chair Barry said that this information seems to say that the fault does not run through the property but is located but 800 feet away. Mr. Norm Matteoni said that the house is 150 to 200 feet from the road so the fault is about 600 feet from the property. Added that the existing lot patterns are one to two acre sites. These two proposed lots are larger than most along Peach Hill. They are in keeping with the harmony and character of the neighborhood. This lot line adjustment helps for any future residence. Ms. Jitka Cymbal, Project Engineer, 14583 Big Basin Way, Saratoga: • Explained that the existing lot line was created before the house. The house was built before building permits were required by the County (they began to issue permits in 1946). • Said that they looked at potential building sites for both lots, topography and trees. • Said that they didn't want to take out trees unnecessarily and conducted a tree survey. • Of the two sites, one has an existing home and the other is down the ridge quite a ways. It is fairly level site with a slope of less than 10 percent. After defining the building sites, they worked backwards to create the proposed lot line. • Pointed out that there are quite a few easements: including sewer (from Peach Hill to Sunset); San Jose Water (from Peach Hill to Sunset); road and utility easements (at two points, one from Peach Hill to the section line and the other between the section line and the Birunbaum property, both of which have slope easements attached). They propose to leave the existing 22-foot easement and extend a new easement to the new property line. Chair Barry asked what the owner's intention is for the building pad area of Lot A. Ms. Jitka Cymbal, Project Engineer, replied that they are simply potential building sites for use in determining setbacks. They are not trying to define the actual building area. Commissioner Roupe asked why the proposed lot line placement was selected. Saratoga Planning Commission Minutes of May 9, 2001 Page 14 Ms. Jitka Cymbal, Project Engineer, replied that for Parcel B scenario they wanted to leave an azea behind the potential residence for placement of a pool in the reaz yard. Commissioner Roupe suggested that the lot line be moved west (left) to achieve more balance between the two lots. Added that if Lot B is smaller, it will be more difficult to get an approval to build on that lot. Ms. Jitka Cymbal, Project Engineer, admitted that Mr. Husain wants the bigger of the two lots. Added that the only othez issue raised that she should address is Sunset. Added that the existing road does not belong to this property and this owner has no control over it. Added that the City Council could vacate and give this area to one of the adjacent owners. Commissioner Zutshi asked about the detailed survey of trees. Ms. Jitka Cymbal, Project Engineer, replied that she has given that report to the City as well as a topography map, items not typically provide for a lot line adjustment application. Chair Barry asked what the results are of these reports. Ms. Jitka Cymbal, Project Engineer, replied that they depict the contours, trees, drip lines and physical improvements. Such information is not generally needed at this stage. In order to design the easement access road, they will conform to the topography. Commissioner Garakani asked about the easements. Ms. Jitka Cymbal, Project Engineer, replied that both easements would be created by the same document. One easement from Peach Hill to the section line and the other from the Biranbaum property to the section line, the purpose and intent for that easement is unknown. Commissioner Kurasch wondered about combining both lots. The formula requires a 9.25 acres in order to be developable. Asked how large the net area, with the slope area ,would be. Ms. Jitka Cymbal, Project Engineer, replied that they have not calculated on that basis as they have always looked at this property as two parcels. Commissioner Roupe said that per the staff report, there is a 3.73 acre net requirement for Lot A. Ms. Kim Duncan, Planner, advised that the Hillside Residential code requirement is 29 percent slope requires 3.73 acres. Ms. Jitka Cymbal, Project Engineer, said that average slope may increase if you reduce the area. Interim Director Irwin Kaplan said that Lot A could be reduced and still be conforming. Commissioner Roupe stated his preference for a larger non-conforming lot. . Ms. Meg Giberson, 15561 Glen Una Drive, Saratoga: Saratoga Planning Commission Minutes of May 9, 2001 Page 15 • Stated that her main concern is the access. • Stressed that access needs to come form Peach Hill Road. • Warned that access could come indirectly from Sunset. That could be expanded but shouldn't be used. • Agreed that it would be appropriate to use anon-use easement from both. • Showed the Glen Una map from the 1920's. Commissioner Roupe suggested that a good lawyer will be able to structure- an agreement that ensures . that access to this property comes only from Peach Hill. Ms. Meg Giberson asked that the commission consider a continuance. Commissioner Roupe asked Ms. Giberson to identify her primary concern. Ms. Meg Giberson replied that keeping access off of Willow Creek Canyon is a second concern. She distributed photographs depicting story poles, which were installed on the subject property in February. Commissioner Kurasch advised Ms. Giberson that the City does not have a proposal for a house before it right now. Interim Director Irwin Kaplan reiterated that there is no development application before the Commission. Chair Barry said that this lot line adjustment pre-supposes building pads. Asked Ms. Giberson if she has any other issues to raise. Ms. Giberson expressed disappointment that Saratoga Codes appear to be in conflict with the Subdivision Map Act. Added that she wished more information were available, particularly about the 600 foot driveway that may end up not even being allowed, perhaps due to Fire requirements. Interim Director Irwin Kaplan said that such issues would be referred to the Fire Department when a specific application is presented. Commissioner Roupe reiterated that if the property owner cannot meet requirements, they will not be able to build on Lot B. Added that only one access will serve these two parcels, off of Peach Hill Road. Commissioner Jackman said that she believes that once there is a legal parceUlot it can be build upon. Interim Director Irwin Kaplan advised the Commission that a lot cannot be developed if it does not meet City codes. Commissioner Jackman said that she needs more information before she can make a decision on this application. Ms. Meg Giberson distributed copies of a four-page letter to the Commissioners. Saratoga Planning Commission Minutes of May 9, 2001 Page 16 Mr. Alan Giberson, 15561 Glen Una Drive, Saratoga: S • - Backed the comments of his wife and thanked the Commission for the opportunity to speak. Mr. Darryl Dukes, Resident, Peach Hill Road, Saratoga: • Expressed his opposition to this lot line adjustment. • Provided an updated petition with additional signatures (for a total of eight). • Discussed the inadequate roads in the area. • Questioned why give the opportunity to split these lots. _ • Opined that the lots should be developed as one lot. • Pointed out that four traffic accidents have occurred on Peach Hill recently since the construction of another new house began in the area. • Complained that he cannot jog while cars are driving along the road. • Stated that Peach Hill Road cannot handle any more traffic. Commissioner Roupe clarified that this lot line adjustment does not automatically approve Parcel B as a developable lot. Added that maintenance/repair of a road during and/or following construction is a standard condition of approval when granting approval to build. Mr. Darryl Dukes warned that one property owner in the area had to spend a million dollars. Warned that it could cost a million to improve this road to access Parcel B. Mr. Norm Matteoni: • Explained that there are two legal lots here even without a lot line adjustment. • Added that the owner could simply remove this 1940's home and be left with two buildable lots. • They are only moving a property line. • Agreed that the cost of the road might make building on Lot B cost prohibitive. • Added that they are committed to prohibiting access to Sunset. Commissioner Roupe asked Mr. Matteoni whether he could support creating a minimally conforming Parcel A and expanding the non-conforming Parcel B. Mr. Norm Matteoni said that as long as the average slope can be maintained, they could support that recommendation. Commissioner Roupe suggested that the slope formula be determined in order to define the minimum area necessary for Parcel A to keep it conforming and incorporate the rest of the property into Parcel B. Mr. Norm Matteoni again said that this would be acceptable. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Roupe, the Commission closed the Public Hearing for Agenda Item No. 2. (6-0) Chair Barry stated that the issues seem to be ensuring that the only access easement be from Peach Hill and the repair and/or maintenance of Peach Hill be required in order to build the access road.. Commissioner Roupe suggested that this be a condition of approval for building on Parcel B. Saratoga Planning Commission Minutes of May 9, 2001 Page 17 Chair Barry asked about the building of the access road to Parcel B. Commissioner Kurasch suggested that this condition be processed as part of the lot line adjustment this evening. Interim Director Irwin Kaplan agreed that the requirement for. the recordation of an access easement should be a condition of approval. Chair Barry asked about the requirement to repair construction damage to Peach Hill. Interim Director Irwin Kaplan advised that this is a typical requirement. Commissioner Kurasch wondered if the Hillside District was established prior to 1983, when the unrecorded lot line adjustment was approved and/or before this property was annexed into the City of Saratoga. Interim Director Irwin Kaplan said that lie was unaware of the answer to that question. Commissioner Kurasch asked whether the conditions of the original approval could be useful to the Commission. Interim Director Irwin Kaplan said not really since the lot line adjustment must meet today's standards. Commissioner Jackman advised that the Hillside Development District was established by the 1974 General Plan. Commissioner Roupe said that'he was prepared to make a motion. Commissioner Garakani suggested that these properties might be best combined into one lot rather than being divided. Commissioner Roupe advised that the owner seeks a lot line adjustment. Commissioner Kurasch said that Commissioner Garakani raises a good issue. Commissioner Roupe said that Commissioner Garakani can vote no if he does not support the lot line adjustment. Chair Barry reminded that the existing residence is not strictly legal but rather legal non-conforming. Interim Director Irwin Kaplan said that this is correct. Chair Barry added that this project is grandfathered. Commissioner Garakani asked why the properties should be split. Chair Barry replied that they probably want to sell one parcel. Saratoga Planning Commission Minutes of May 9, 2001 Page 18 Commissioner Roupe reminded that there are already two legal parcels. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Jackman, the Planning Commission approved a Negative Declaration in support of a Lot Line Adjustment Application (LL-00-005) with the following additions: 1: The addition of language, drafted by the Assistant City Attorney (Paragraph 4), into the Negative Declaration that states that the lot line adjustment in no way implies that Parcel B is a buildable lot; 2. Documenting that the Berrocal Fault runs near enough to this property to be a significant factor in future considerations. (6-0) Chair Barry clarified that approval must have legally strong enough language that offers no assurance of the build-ability of Lot B. Commissioner Kurasch sought a protective easement for Willow Creek. Interim Director Irwin Kaplan said that it could be specified that the access easement shall not impair Willow Creek. Commissioner Roupe said that he would be willing to add this as a condition to his motion. Chair Barry suggested that Willow Creek be tested. Commissioner Kurasch said that the existing condition is that these two lots are functionally one parcel. Only one is buildable. One lot is conforming, the other non-conforming. There appears to be an intent to develop both. Said that she is not comfortable supporting this request of increasing build- able lots to two when one now exists. Said that there is not enough information and that she does not want to create something that is not up to minimum standards. Stated that she will not support two lots. Commissioner Roupe reminded that the Commission is not creating two lots, there are already two parcels However, the house runs through the property line. This lot line adjustment will correct that situation. Parcel B might be non-conforming but both lots already legally exist. Right now, only one is buildable. There is a better chance of approving a building on Parcel B with this lot line adjustment. Advised that to vote against this application is to keep the situation as it is. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Jackman, the Planning Commission moved to approve a Lot Line Adjustment (LL-00-005) for two parcels with slope greater than 20 percent, with the following additional conditions of approval: 1. Add language that states that in no way does approval of this lot line adjustment imply that Lot B is a buildable lot; 2. That the lot line be adjusted so that Parcel A would become a minimally compliant lot within the formula of code and Lot B increased, although it will remain non-conforming; 3. That there shall be no access to Lot B other than off Peach Hill Road; 4. That all access from Sunset be recorded and denied; . Saratoga Planning Commission Minutes of May 9, 2001 Page 19 5. That it be specified that any access easement will not impair Willow Creek. (3-3; Commissioners Jackman, Roupe and Zutshi voted for approval/Chair Barry and Commissioners Garakani and Roupe voted against approval) The motion failed for lack of a majority. *** DIRECTOR ITEMS Interim Director Irwin Kaplan announced that a new Community Development Director, Tom Sullivan, will begin work next week. Additionally, he advised the Commission that Planner Kim Duncan would also be leaving the City of Saratoga at the end of next week after seven months with the City. Chair Barry expressed her farewells and appreciation to Mr. Kaplan for his service as Interim Community Development Director. Ms. Kim Duncan, Planner, said that it has been a wonderful experience working for the City of Saratoga and that she learned so much. Commissioner Garakani expressed his appreciation for Ms. Duncan for assistance she offered to him on one occasion prior to his appointment to the Commission. Chair Barry thanked Ms. Duncan for her service. COMMISSION ITEMS Consideration of Fire Department App:ication at next meeting: Chair Barry asked whether consideration of the Fire Department application should be continued until after Council meetings in June. Interim Director Irwin Kaplan stated that there is a valid land use application (Use Permit and Design Review) to be considered. Council is approaching this matter from a policy standpoint. The Commission must consider it from a land use position. Chair Barry said that the work of the Commission on this application could become moot a few weeks later depending on the decision of Council. Commissioner Jackman said that the Commission really has no choice but to consider these valid applications. It is necessary to keep political and land use issues separate. Added that she will not be available for the next meeting. Change in Submission Requirements to Include Landscape Plans: • n4 Attachment D o~ ~ ~~~~ ~~ ~ ~ ~ ~0~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 • Incorporated October 22, 1956 May 23, 2001 Mr. Igbal Husain Ms. Sharmin Khan 20140 Mendelsohn Lane Saratoga Ca 95070 SUBJECT: APPEAL OF PLANNING COMMISSION DECISION Dear Mr. Husain & Ms. Khan: COliNCII, h4ErIBERS: Evan Baker Stan 8ogosian John MehaHey Nick Strert Ann Waltonsmith This letter will confirm receipt of your appeal of Planning Commission decision on LL-00-005, 15480 Peach Hill Road; Request for Lot Line Adjustment approval for two existing parcels with slope greater than 20 percent: Currently, a residence is located on top of the existing lot line. The purpose of the request is to correct this situation and create two parcels capable of supporting a residential building site in aHillside-Conservation Residential zoning district. According to Section 15-90-070 of the Municipal Code, the City Clerk shall schedule the matter for hearing within thirty days after the date on which the notice of appeal is filed or at the next available regular meeting of the City Council which would be the regular meeting of June 20 2001 at 7:30 p.m, in the Council Chambers/Civic Theater located at 13777 Fruitvale Avenue, to allow public hearing notification and notification to affected property owners, as required by law. If you wish to request a continuance, you may do so without charge. Any subsequent requests for continuance must be accompanied by a fee of $250.00. The deadline for submitting any additional materials for the Council agenda packet on your appeal is Wednesday, June 13, 2001. If you wish to submit maps, please provide ten 11 X 17 copies of each map to the City Clerk. Please be advised that the City Council will allow ten (10) minutes for your presentation on this appeal. The hearing is "de novo", which means that any relevant issue for or against your appeal may be considered, whether or not it was considered by the Planning Commission and regardless of whether the Planning Commission approved the application. If you have technical questions about your project, please contact the Planning Department at 868-1222. If you have questions about the process, you may contact me at 868-1269. ~'nc r __~. ~at er, CMC City Clerk cc: Tom Sullivan, Director of Community Development Matteoni ~ Saxe 0'~Ug~ L A W Y E R May 16, 2001 Mayor and Honorable City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 li-{~ Trhro~i~~,~ Ihn: ~.~,ti -i-f! -~ ti i~, \~nm,m 1=. \L,rt~~nu -~ll.u, R~d~;r; ~,,~, I'~~,, A1. ~ )~L~mhlm Itr,,,U~~~ A1. AI,,a~~nu Re: Appeal of Planning Commission Action on Husain Lot Line Adjustment; File No. LL-00-005 r''"°"' `` I1""""~"' Dear Mr. Mayor and Members of the Council: The Planning Commission on May 9 on a tie vote of 3-3 was not able to take affirmative action of approving a lot line adjustment for the property of Iqbal Husain at 15480 Peach Hill Road. This property is 7+ acres and consists of two legal parcels. The purpose forthe lot line adjustment is to relocate the boundary line between the northerly downhill parcel and the southerly uphill parcel. The northerly parcel currently contains 5.7 acres and the southerly parcel contains 1.85 acres. In the configuration applied forthe southerly parcel would become 5.1 acres and the northerly parcel will be 2.45 acres. ' Lot line adjustments are exempt from the Subdivision Map Act and present the simplest of land use decisions. There are two current lots and there will be two lots after the lot line adjustment. Staff has approved the configuration, lot size. The northerly parcel contains an average slope of 29% and the southerly parcel contains an average slope of 30%. Each include a relatively flat area for future building sites, but no building site approval is attached to this lot line adjustment. The matter was initially approved by Staff, but on objection of a neighbor because of the slope, Staff discovered that an environmental assessment needed to be made and revoke the prior approval. The Planning Commission f • • Mayor and Honorable City Council May 16, 2001 Page 2 unanimously adopted the negative declaration and that matter was not contested at the hearing. However, the opposition by Mr. and Mrs. Giberson, who live at Sunset and Glen Una to the east of his property and not adjacent to the property, focuses on their desire that the subject property not take any access through Sunset Drive. The Commission's motion, with input from the Assistant City Attorney included a condition that the lot line adjustment would restrict subject property to access only from Peach Hill Road and there would be a one foot non-access easement along the easterly boundary of subject property. Further, the Commission stated that the Willow Creek area that lies just east of subject property which Mrs. Giberson said was a sensitive area, will not be affected by the lot line adjustment. My client accepts those conditions. I thought there was a certain amount of confusion on the Commission's part. Some Commissioners felt they were creating a second lot rather than simply reconfiguring two existing legal lots. V tru ours, ~- NORMA E. MATTE NI NEM:sd cc: Igbal Husain Jitka Cymbal l )' s THIS BOX TO BE COMPLETED BY THE CITY CLERK DATE RECEIVED: ~~ ~~ ,~~Q/ HEARING DATE: ~. l.r(')~ FEE: x'2.50. o0 RECEIPT # -s 2 ~ / 7 CITY OF SARATOGA . MAY 1 7 2~~0 ~ PLANNING COMMISSION APPEAL APPLICATION '+t ~1 S"c ~•~ -~ i~ ~ ;:~_ -:` ;,, /:,~; This two-part application must be submitted to the City Clerk, 13777 Fruitvale Avenue, Saratoga CA 95070, by 5:00 p.m. within fifteen (15) calendar days of the date of the decision. Appellant Name: Iqbal Husain and Sharmin Khan Address: 20140 Mendelsohn Lane, Saratoga, Ca. 95070 Telephone #: 868-9092 Name of Applicant (If different than Appellan.t): Project file number and address: 15480 Peach Hi11 Road, 11-00-005 Decision being appealed: Planning Commission Denial Grounds for appeal (letter may be attached): see attached letter ~=r~ ~~ Appellant's Signature Date (Please do not sign this implication and the attached authorization until it is present at City offices) 1 ' CITY OF SARATOGA • APPEAL APPLICATION PART 2 AUTHORIZATION FOR PUBLIC NOTICING I, ~ ~:~ ~ ~-1 ~5p r+~ ~ as appellant on Proj ect# ~ 1 ` C C --oas Herby authorize Engineering Data Services to perform legal noticing for this appeal application. Signature ~~ ~~- Date ~ 17 -- v ~ Please Note, I will not be available from June 15th till~th of July 2001 APPEAL FEES AS OF 7/99 (RESOLUTION 99-35) ^ Municipal Code Section 2-05.030 (a) appeals: o No Hearing ................................................... $100.00 o With Hearing .................................................$200.00 ^ Municipal Code Section 15-90.010 appeals (zoning related): o Appeals from administrative decisions to Planning Commission $150.00 ^ Municipal Code Section 15-90.020 appeals (zoning related): o Appeals from the Planning Conunission to City Council $250.00 ^ Request for continuance: o For first regL~est .............................................. No Charge Attachment E n{ AL SSG) is ~~~'t-~- '3~ :° i ~:~I ~M`, • ~~ &~• StrY 'i ~ S~, t• J"ti lY .t .-y` CITY OF SARATOGA PLANNING COMMISSION APPEAL APPLICATION .. r1 _ '~t . ~ -- `.:~ MAY 2 4 2001 ~` ~' This two-part application must be submitted to the City Clerk, 13777 Fruitvale Avenue, Saratoga CA 95070, by 5:00 p.m. within fifteen (15) calendar days of the date of the decision. Appellant Name: ~dM ~ ~~d, ~~~ f Address: ~ ~~! ~f ~' ~'~ ~~~ • r-J'oY, ~ q.~3 ~ C~c~~~ 3s-y- 2~z~ + Telephone #: Naive of Applicant (If different than Appellant): ~ ~~~ ~y ~~-~ ~' ~ ~J 1~~~ ~ h'''~ ~~~~~ ~'' Project file number and address: ~- 1 r >. C. ~c~,:y~ C~7Y1 Yt~ r SJ'i~'1~ Y~Y~ ~~~'~~~CX Decision being appealed: ~j~a ~ ;~ Grounds for appeal (letter may be attached): ,' /~'/vA~/ T ''/ ~~~?- ~ !~'_ r ~~ C.CC~~.~- 1 f ~ r- p ~ ~ ~ / _ ~1 ~1 ~~ ~ ~ ,J ~h ~~l A lant's Si re Date ~~ ~.. not si this a lication and the attached authorization ~ril 1t is (Pl e do gn pp present at City offices) ; ~ ~ ~ ~~,z~ ~~ ~~`-~- ~rP~Zws -~'~ ~ ~~ '(:' ~%~ a~~ l f ~-~% ~~J L'uL'I~~~T vLe*~'4i~ l~-F:C` (Z"Lilt ~`~ 7'`~ ~ ~ %~~v 7 ~ " `~ L~~./ r~~ ,!' THIS BOX TO BE COMl BY THE C~ Y~C DATE RECEIVED: `C~ C~ HEARING DATE: FEE: RECEIPT # s CITY OF SARAT®GA APPEAL APPLICATION PART 2 ~. G~`~ AUTHORIZATION FOR PUBLIC NOTICIN GU P~~~ ~' 1~~~ ~~ i5 do-yes' I /~e r'~u ~`~ ~-~ lO-P- as appellant on Proj ect# /~" , Herby aut orize Engineering Data Services to perform legal noticing for this appeal application. - ~:~--'Date ~~' ~°'E' _ °2 ~ ~~~ Signature ~ ----- ~~ APPEAL FEES AS OF 7/99 (RESOLUTION 99-35) ^ Municipal Code Section 2-OS.O~iO (a) appeals: o No Hearing ..................................................$100.00 o With Hearing .................................................$200.00 ^ Municipal Code Section 15-90.010 appeals (zoning related): o Appeals from administrative decisions to Planning Commission $15 0.00 l~ Municipal Code Section 15-90.020 appeals (zoning related): o Appeals from the Planning Commission to City Council $250.00 ^ Request for continuance: o For first request .............................................. No Charge __ _ Attachment F July 11, 2001 Saratoga City Council _ ....-~~ ' " 13777 Fruitvale Avenue •~~-J U L ~ ~ 20~ .- Saratoga, CA 95070 Dear Council Members: -_ _ `~r• ~ -`"`"" Attached please find our letter to Igbal Husain & Sharmin Khan, the owners of 15480 Peach Hill, in support of their project (LL=00-005) that is before you on appeal. We are the neighbors immediately to the south. Sincerely, Larry & Jan Birenbaum ~~ i• I,~FcRt~P l~iPt~Pi~~tA4~ci • ~~0~a ~t~Pi~~'~ I~k~i~G~ • ~~[~~~®~~a ~~ A$0fi~ • • • July 11, 2001 Iqbal Husain & Sharmin Khan 20140 Mendelsohn Lane Saratoga, CA 95070 Dear Igbal and Sharmin: We were surprised to_learn that your Lot Line Adjustment application had been denied by the Planning Commission and will now. be considered by the City Council on appeal. As you know, we support your plans to build a home in concept and know you're making sincere effort to be as respectful as possible to the surrounding neighbors. We really appreciate it. Upon examining the plan on file at the City, a few issues came to mind: First, we assume that Peach Hill, the western border of your property, would define your front setback. If so, the other setbacks don't seem to make sense. In particular, the eastern setback would be the rear and, as such, appears to be set too close to Willow Creek. Second, as you might expect, we're still a bit uncomfortable with the positioning of the driveway (in terms of its proximity to the steep slope and to our property) but we are pleased by our joint plans to create mutually beneficial intensive landscape mitigation. Last, we agree that access to Lot B, if it's ever developed, should come off Peach Hill. We look forward to working with you. Good luck with the project. Sincerely, ~- Larry Jan Birenbaum cc: Saratoga City Council .i' i_ ' ~~ :$ • • I ~ m D r r Z N z . n ,~ ~~z ~i >~> _~~ _, _~~ _~~ ~~~ Z ...~ ~~ 1~ ~: ~~ ~ I ~ 1 i r \\ I / `~ ~~ ~ it F,, ~ ~~ m - o. ~ ~ - ~~ ~ ~ F - a' ~f•--~ e i •• • ~ ~ ~ / 1 , ` !. ,:~~ /. r~,, - 9- . .4,,,~, ; ~ ./ / - , k~~~~ /, ~,~i ~ ~, / m _ ~ ~ ~ ~ .i e, _~y ~ _ ~ ~ u, _ ~ ~ ~ I ' __ _ ~ ';~ 1 / ~~ \ '~~ ~a ~ `~ A ~ ,\\ - - a ~ II _ ,-``~_~ , 1 - y \ ' ~ // ~~ I S ~l a a i S I a ~ `v $c. ~~kN _ 7~ ~ ~~y ~ f ~ ~ ~ ^ ''` ~~~ sx '~ ~ , f ~ ' a f ~ ~ ~ y ~ 3 ~ -;~ ~~ w~~ 2 _~ i 3 ~ ~~ ~^ esq. 3, o~ ~ - `~ E a t 1 Attachment H ..;.d ~ J July 12, 2001 Honorable Members of the Saratoga City Council FROM: Alan and Meg Giberson RE: Hearing on 7/18/01 on Appeal of Lot Line Adjustment at 15480 Peach Hill Road, regarding Decision on Application and Negative Declaration The following document is necessarily in incomplete form due to the inability of the Giberson appellants to obtain a copy of Measure G as well as a complete copy of the City's General Plan reflecting Measure G from the City of Saratoga (hereinafter "City") until 7/12/01. Incompleteness is due also to the lack of a staff report and Counsel's report for the upcoming hearing to review at this time. It is nonetheless submitted on this Thursday before the scheduled City Council hearing so that it may be included in the City Council's information packets, pursuant to the notice provided us by the City. We incorporate herein all correspondence, documents, and submittals we have previously submitted to the City regarding the proposed lot line adjustment. Amore complete document will be provided before the City hearing on 7/18/01. Applicants Husain/Khan (hereinafter "applicant" or "applicants") seek approval of a lot line adjustment from the City to create two (2) new lots from two existing lots at 15480 Peach Hill Road. The application is missing important information which is required in order for City determination of (in)appropriateness of application approval, and in order for the public to have an adequate chance to review said application. Further, under the information supplied, General Plan and zoning requirements preclude approval of this application. It is therefore improper at this time for the City to propose approval of this lot line adjustment application. ALL HUSAIN/KHAN PEACH HILL LANDS ARE ZONED HC-RD: Please note that the smaller existing parcel to the south of the township line on the Husain/Khan application LL-00-005; 15480 Peach Hill Road-which property was labeled "Parcel 1" or "Parcel A"-has been inaccurately labeled in the 5/9/2001 Staff Report to PC (hereinafter "PC/stff/rpt") as to its General Plan category and zoning district. It actually falls within the General Plan Residential Hillside Conservation category, having been so pre-zoned before annexation to Saratoga. (This pre-zoned condition is noted in the staff report to the Planning Commission for their 2/9/83 meeting.) Pursuant to an 11/7/84 Council decision, the larger parcel of Husain/Khan land (which at that time comprised 6.87 acres--lands of Kennedy, the Husain/Khan predecessor in interest) was designated Hillside Conservation Single Family, with a concomitant rezoning to HC-RD (GPA-84-1, C-210) (Resolution No.2192, Ordinance No. NS-3-ZC 91). • • LOT SIZE DISCREPANCY; TOTAL ACREAGE APPEARS TO BE 7.20 ACRES (LESS THAN STATED BY THE APPLICANT) AND EVEN PURPORTED AMOUNT OF 7.55 IS NOT SUFFICIENT TO CREATE 2 CONFORMING LOTS: The application purports to deal with existing parcels of 1.85 acres and 5.7 acres, with a purported total acreage of 7.55. The smaller existing 1.85 acre pazcel does not conform to the existing minimum lot size (2 acres) for the HR zoning district (Hillside Residential District), nor does it conform to the required HR acreage adjusted for slope (9.25 acres). In the discussion, p. 3 of Staff Report to PC (hereinafter "PC/stff/rpt"), the existing lot sizes add up to 7.55 acres, but the proposal appears to result in the disposition of only 7.05 acres (4.6 ac net + 2.45 ac net). No discussion accompanies the loss of the half acre between the total acreage claimed "existing" (7.55 acres) and post "proposal" (7.05 acres). No discussion addresses the impact of that loss on the nonconformity which the Council is asked to approve. Historically, the larger pazcel comprised 6.87 acres (see above). A 1.52 acre part of that 6.87 acre parcel was granted to Carey in 1985. The remaining parcel (representing the larger applicant parcel) thus appeazs to comprise 5.35 acres-not the 5.7 acres claimed in the PC/stff/rpt. (This "remaining parcel" acreage was reached by subtracting 1.52 from 6.87.) Under the HC-RD designation which applies to both properties, the minimum acreage required for the creation of conforming lots (assuming the accuracy of applicants slope calculations) would be 7.70 acres (or 7.58 acres), and not the 7.20 acres which appear to be the total available. The discrepancy represents about one-half acre-a significant amount, which represents 25% of the minimum lot size for the applicable zoning district. These discrepancies reflect the inability of any lot line adjustment for these lands to result in two conforming lots, and implicate the impropriety--under General Plan provisions to be discussed below--of any proposed approval of the application. An approval of the requested LLA would under these circumstances be a de facto rezoning to a higher density land use designation. LOT LINE ADJUSTMENTS, SUBDIVISION MAP ACT and LOCAL AGENCY'S GENERAL PLAN and ZONING City has proposed to approve the lot line adjustment application pursuant, in part, to the provisions of the Subdivision Map Act (SMA). The SMA generally exempts LLAs with certain provisos: that the "lot line adjustment [be] approved by the local agency or advisory agency...which shall limit its review and approval to a determination of whether or not the pazcels resulting from the lot line adjustment will conform to local zoning and building ordinances,..." etc. Gov't Code § 66412(d). Turning, then, to the City's zoning and building ordinances, we note that HR Zoning requires a lot size minimum of 2 acres; adjustments for the slope of the existing pazcels, would require 9.25 acres for the smaller, existing southerly parcel and 3.73 acres for the existing larger parcel, a total of 12.98 acres (using the figures supplied by applicants). (See lot size discrepancy discussion, above.) The smaller, existing lot is thus unbuildable under current standards. L NEW SUBSTANDARD LOT DOES NOT MEET HR ZONING STANDARDS: For the proposed parcels, HR Zoning slope/density requirements would demand (again, assuming correct applicant figures) a minimum 3.73 acre site for the southerly parcel, and a 3.85 acre site for the northerly parcel. The northerly parcel is only 2.45 acres net (as calculated by the applicants agents), and may be less (if the applicants figures as to the size of the northerly parcel are incorrect, as above.) The resulting parcels do not therefore meet the requirements of the zoning ordinances. City has nonetheless sought to approve the LLA based upon a rather tortured interpretation of its own Code, including Chapter 14 "Subdivisions." City notes that § 14-50.040(b)(2) advises that "the advisory agency shall not approve a lot line adjustment unless it makes all of the following findings: ...(2) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting of a variance or use permit under Chapter 15 of this Code of the granting of an exception under this Chapter." City has claimed that the new nonconformity i.s not "new"-or that it may be approved through one or more variance procedures. It is however clear that the creation of a new substandard lot, which does not meet the slope/density requirements of the zoning district, does in fact represent "a new violation of such regulations." Different parcel sizes, different parcel slopes, the loss of public road frontage, the potential inability to provide access to the second parcel to the north, etc., all differentiate the existing parcels from those proposed. The lots are clearly not the same lots, nor is the proposed nonconforming lot even similar to the existing nonconforming lot. The nonconformity has not been cured; it has not even been ameliorated, but rather it has been increased with the loss of the public road frontage. No variance proposal has been suggested for a hearing at the proposed 7/18/2001 City Council meeting, nor have we received notice of any such proposal. Further, such a proposal would not be consistent with the requirement of the GP. The LLA should not be approved based on City's § 14-50.040(b)(2) claim. CITY IGNORES REQUIREMENT OF CONSISTENCY WITH GP: Further, City has ignored the Code requirement that it must make all of the designated findings, including: "(1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan." Code § 14-50.040(b)(1). City cannot make this finding under existing provisions of the General Plan (GP), particularly in light of Measure G, which was incorporated into City's GP by initiative in March of 1996, and recognized by City Council Resolution No. 96-20 on Apri123, 1996 (before the applicants bought the property). Measure G applies to both Hillside Conservation Single Family and Very low Density Single Family lands. It forbids an increase in allowable densities or intensities of use, without appropriate procedures. Measure G "ensures that until December 31, 2025, the foregoing provisions of the City's Land Use Element governing building densities and intensities on residential lands may.not be changed...[except through prescribed means] to increase the maximum densities and 3 intensities stated." (Sazatoga Neighborhood Preservation Initiative, page. 3 of 7, "Measure G" Section H.) [Boldface added] Neither applicants nor City have followed any of the prescribed means to overturn the provisions of Measure G, as incorporated into the GP. Indeed, the circumstances of the proposal appeaz to preclude approval by any of the prescribed means, barring a vote of the people. The LLA application should therefore be denied. In interpreting Measure G, it is further helpful to look to the purpose of the initiative in understanding the reasons for its passage and its application. The "Purpose and Findings" are set forth as "[t]he protection of the character of existing low density residential neighborhoods ...[which] is of critical importance to Saratoga residents. The City was founded as a semi-rural residential community and most residents moved here because of this distinctive feature. Saratoga remains unique among South Bay communities because of its country atmosphere and open space areas...." Measure G, Section l.A, page 1 of 7. "The unique character and quality of life of City residents depend on the protection of Sazatoga's residential neighborhoods...This initiative...will provide this assurance by giving greater stability to the City's General Plan, specifying that general plan provisions essential to the protection of the residential...azeas in the City can be amended or repealed only by the voters of the City of Saratoga." Id., Section 1.D. On page 3 of 7, "[t]he purpose of this initiative is to ensure that residential lands aze not unnecessarily converted to higher density residential...land use designations..." Page 4 of 7 provides the applicable "Limitations on General Plan Amendments Relating to `Residential' Lands. It would be an abuse of discretion for the City to approve the lot line adjustment for 15480 Peach Hill Road, which approval would create densities which exceed the allowable, without following the procedures as set forth in the GP, pursuant to the provisions of Measure G. None of the acceptable means of addressing the LLA application's inconsistency with the GP has been proposed to date for this property or this hearing, and so approval of the proposed LLA is precluded. Case law is further helpful in strengthening this interpretation and application of the provisions of the SMA, zoning, GP and Measure G. Interpreting another statutory scheme with similar environmental-protection goals, a court recognized the profound effects that a lot line adjustment can involve. The court there found "that a lot line adjustment is a division of land similar to a lot split. Although a lot split divides a parcel of property into a greater number of lots or pazcels, a lot line adjustment divides land by changing the boundaries of the various parcels without changing their number. In either case, the reconfiguration of the land can facilitate a development in ways that impact upon the interest of the ...[deciding body]." La Fe v. CounEy of Los Angeles, 73 Ca1.App.4th 231, 238 (1999). [Emphasis added] (deciding Coastal Commission purview and control of development and construing Public Resource Code provisions, including Pub. Res. Code § 30106, which "defines... 'development' to include a change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits.") [Emphasis added] In the case before the Council, applicants clearly seek such a change in the density and/or intensity of land. They could have simply filed for development on their lazger lot, or voluntarily merged the two pazcels, and their plans would have been well 4 _~ - underway. They have insisted instead on a lot line adjustment which serves no purpose, except to create two new lots, including a new nonconforming lot, which if sold, would likely result in a new owner arguing in favor of its suitability as a building site. This provides an additional option for development, not available under existing conditions, and represents a change in the density and/or intensity of use of land from that provided by the existing parcels. It should not be allowed under the current General Plan. City may not violate its General Plan, nor may it waive or consent to a violation of its zoning law. The applicants' proposal, evaluated in light of the General Plan (GP), must be denied. NO DISCUSSION OF WHETHER BOTH PARCELS ARE LEGAL LOTS OF RECORD Further, no discussion of whether both lots are legal lots of record has accompanied this application to date. Since the i~/regularity of the lots' creation necessarily impacts the reasonableness of the requested lot line adjustment approval, such omission requires correction and public review before the project should be allowed to proceed. SLOPE STABILITY The geological consultant ("geoconsult") failed to include the smaller, more southerly existing parcel's designations on the Ground Movement Potential and relative Geologic Stability map in the geologic report on the properties. Slope stability is questionable in view of those Ground Movement Potential and Stability designations, where the ONE FOOT "NON-ACCESS STRIP" NO CURE applicants' parcels include designations of Psf, Ps and Sbr, in addition to the Sun acknowledged by the geoconsult. The geoconsult's failure to include and discuss all Ground Movement Potential designations precludes adequate public review of the project. Proposed one-foot "non-access strip" ("non-acc") recommended for placement on the Eastern boundary of the applicant property abutting Sunset Drive complicates, rather than solves, the access issue, were access from Peach Hill Road to be found impossible in the future, assuming creation of the two lots sought by applicants. Such non-acc would in fact preclude access from the only proper access which the applicants' property now enjoys from Sunset-namely the public road easement which proceeds directly west along the township line from the currently built-out portion of Sunset Drive. FURTHER ISSUES WHICH SHOULD BE, BUT ARE NOT, ADEQUATELY ADDRESSED IN CITY DOCUMENTS TO DATE: • Failure to discover and discuss effect on this project of previous LLAs and development proposals (approved tentative map, etc.), failure to disclose and discuss previous projects and map(s) including, but not limited to: SDR-1509 and P.M. 625-M-40. • Failure to consider Fire Code requirements re length of future drive, and the ability of the two proposed parcels to support adequate access to the more northerly proposed parcel, absent access taken directly or indirectly from Sunset Drive 5 • • Failure to consider whether slope of future drive is acceptable under City Code, and effect on potential claim for access from Sunset Drive _ • The two parcels were historically viewed as one pazcel, in view of the house built straddling- the property line • No development was to be allowed on the more southerly pazcel at the time of annexation • CEQA It is a project. Likely effect on the environment, both physical and to affected neighbors. Project (and hence, the future access to the second parcel) inadequately defined • Development history implicates riparian harm and likely future claim to use of private drive accessed from Sunset • Potential interference with creek from future drive; likelihood of riparian damage similaz to past developments' damage to Willow Creek • • 6 SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Allison Knapp DEPT HEAD: ~~J`.~_ SUBJECT: Appeal of DR-O1-005; 19208 Brookview Drive; Applicant -Mike and Lisa Palumbo; Appellants-Judith and Eric Escola, Melanie and Glenn Karren, Tina and Bill Gross RECOMMENDED ACTION: Consider the public testimony and record of the Planning Commission's deliberations and determine if the facts support the Planning Commission's action. If so, it is recommended that the City Council uphold the Planning Commission's decision and deny the appeal. REPORT SUMMARY: Project Description The applicant has requested Design Review approval to construct a 65 square foot addition to the ground floor of the existing single-story home and a 636 square foot second-story addition for a total of 701 square feet. The existing one-story home would then be a two- story home consisting of 3,049 square feet. The maximum height of the residence would be 21'-2". The site is 9,376 gross and net square feet and is located within an R-1-10,000 zoning district. The General Plan Designation is Residential -Medium Density. The average slope of the lot is less than one percent. No grading or tree removal is proposed. The proposed colors and materials would match the existing house. See the summary table of the following page. THIS AREA INTENTIONALL LEFT BLANK Lot Coverage Floor Area: Setbacks: Height: SUMMARY TABLE Proposal No Change Proposed from Existing 41 % (No Change) Patio Walkways and Driveway House TOTAL (Impervious Surface) Living area Garage (Basement) TOTAL Front Rear 1St/2nd Left Side 1St/2nd Right Side 1St/2nd Residence Detached Garage Planning Commission Action and Issues 821 sq. ft. 574 sq. ft. 2,413 sq. ft. 3,808 sq. ft. 2,664 sq. ft. 385 sq. ft. (0) 3,049 sq. ft. 25 ft. 37 ft. 10/17.5ft. 10/19.5 ft. Code Requirements Maximum Allowable 60% Maximum Allowable 3,056 sq. ft.1 Minimum Requirements 25ft. 25/35 ft. 10/13ft. 10/13ft. Maximum Allowable 21'-2" ft. 26 ft. N/A 12ft. 2 On June 13, 2001, the Planning Commission approved the project (4-1 and one absent) subject to the conditions of approval outlined in the resolution to the staff report and four additional conditions of approval (see the attached Staff Report to the Planning Commission, minutes to the June 13, 2001 Planning Commission meeting, the plans marked Exhibit "C," and one support letter identified as Attachment 3). The four additional conditions that the Planning Commission adopted, which were in response to privacy issues brought forward during the hearing are: 1. That the condition of approval be strengthened to prohibit any future change out of windows on the right elevation in order to protect privacy. ' Reflects the height penalty that is applied to structures over 18 feet in height. ' The Planning Commission may grant up to 15 feet if the appropriate findings can be made. 2of8 2. That the rear balcony either be reduced in size or eliminated. 3. That the windows on the second-story rear elevation be reduced in size. 4. That the applicants provide additional landscape screening to provide year-round privacy screening. The applicant was instructed to revise the project drawings accordingly, post haste, in order to provide the neighbors that spoke against the project an opportunity to re«ew and comment on the design prior to the end of the appeal period. The neighbors concerns focused, at that time, primarily on privacy issues (see attachments letters 4, 5 and 6). On June 21S` the project designer submitted revised drawings to the City. Planning staff notified the three neighbors that commented on the project both by mail and telephone of the availability of the documents for review (see Attachment 7 dated June 21, 2001). Plan Revisions The revised project drawings reduce the balcony to,53 sq. ft., reduce the window slider from eight to six feet, reduce the number of bathroom windows to one window, and raise the sill height of the right side bedroom windows to 5.5 feet and, place cabinetry in front of both windows to reduce the angle of view. Planning staff added trelliswork on the right side of the balcony to further screen for privacy (see plans marked Exhibit "B"). Appeal Application On June 21, 2001 the Escolas, the Karrens and the Grosses filed an appeal to the Planning Commission decision (see attached June 21, 20011etter). In summary, the letter states that the Applicants' design fails to address the privacy issues that the immediate neighbors identified at the public hearing. Since the appeal was filed many letters of opposition to the project have been filed and are included as attachments to this memorandum, Neighborhood Meeting at City Hall A meeting was conducted at City Hall on July 3, 2001 to discuss the issues. The meeting was facilitated by the Community Development Director and attended by Mr. and Mrs. Escola, Mr. and Mrs. Gross, Mr. and Mrs. Karren, the applicant Mike Palumbo, the project designer Cindy Eichorn and the project planner Allison Knapp. It was the consensus of the Grosses, Karrens and Escolas that no second-story addition, with or without a balcony, was acceptable. It was also noted that landscaping should not be relied upon to protect privacy. In response to the question, staff noted that it was our belief that the direction of the Planning Commission was met in the revised drawings with the exception of the size of the balcony. Staff stated that the balcony should be further reduced in size (predominately in width) to create an architectural feature for light and air and not a balcony that could accommodate seating. Eliminating the usability of the balcony could lessen privacy impacts. 3 of 8 STAFF ANALYSIS: Second-story additions on smaller lots are very difficult. The homes are on small lots and are close together. The existing home can be viewed from adjacent properties as can the adjacent properties be viewed from the subject site. The proposed addition is designed with considerable sensitivity with respect to architectural compatibility with the neighborhood. There are four two-story homes on the block. The proposed second-story setbacks on the subject site are increased from those on the ground floor, thereby providing more separation from the adjacent properties. However, as noted, the addition can be seen from adjacent properties. The additional landscaping that the Planning Commission suggests is a viable contribution to the solution with respect to privacy. The suggestion implements Residential Design Guideline Policy 2, "Integrate Structures with the Environment," Technique #3, "Lase Landscaping to Blend Structure with the Environment", which suggests preserving the existing vegetation as much as possible for privacy screening. The existing vegetation is deciduous which does not provide year-round screening. A Coastal Redwood or California Live Oak tree(s) could be planted to facilitate privacy. The revised drawings marked Exhibit "A" conform to the direction given by the Planning Commission. The windows and the deck are reduced in size. The deck does not accommodate seating area. Two Coast Redwood trees are shown on the plans. The evergreen trees will provide year round screening as they mature. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Reversal of the Planning Commission's decision would not allow asecond-story addition to the house on 19208 Brookview Drive. An addition of approximately 700 sq. ft. to the ground floor could be permitted by securing a building permit, as this size of an addition does fall outside the criteria requiring Administrative Design Review as well as Design Review. Aground-floor addition would be placed closer to the rear property line and would necessitate the removal of landscaping and possibly the tree. ALTERNATIVE ACTION: Permit the second story addition in absence of a deck. A second means of egress would need to be provided to meet the requirements of the Uniform Building Code. A window or door could access to the front of the house, as is the case with the second-story addition across the street from the subject site. The rear elevation windows should also be placed at S.S ft. above the floor plate in order to promote privacy. The project would not be required to return to the Planning Commission, as it would be implementing the conditions the Commission requested. 4of8 FOLLOW UP ACTIONS None required. ADVERTISING, NOTICING AND PUBLIC CONTACT: A public hearing notice was mailed to surrounding property owners within 500 feet of the subject property and published in the Saratoga I~Tews newspaper. ATTACHMENTS: 1. Planning Commission Staff Report June 12, 2001. 2. Minutes to Planning Commission Public Hearing June 13, 2001. 3. Letter April 21, 2001 Indicating Some Neighborhood Review and Support for the Project. 4. Letter Dated May 19, 2001, Judith and Eric Escola, Objecting to the Project. 5. Letter Dated June 11, 2001, Bill and Tine Gross, Objecting to the Project. 6. Letter Dated June 11, 2001, Glen and Melanie Karren, Objecting to the Project. 7. Neighborhood Notice Plan Review, June 21, 2001. 8. Appeal Letter Dated June 21, 2001 9. Planning Commission Resolution No. DR-O1-005 10. City Council Resolution Upholding the Planning Commission Action 11. Plans, Exhibit `A' w/ Revised Balcony Size and Landscaping, date stamped July 9, 2001. 12. Plans, Exhibit `B' subject of Neighborhood Meeting, date stamped June 21, 2001 13. Plans, Exhibit "C" Originally Submitted to Planning Commission June 13, 2001, date stamped June 13, 2001. 14. Letter dated July 8, 2001, Donald and Gloria Mattade, Objecting to the Project. 15. Letter dated July 6, 2001, Martin Abelow, Objecting to the Project. 16. Letter dated July 10, 2001 with attachment, Mrs. Robert Stewart, Objecting to the Project. 17. Letter dated July 11, 2001, John Bonn, Objecting to the Project. 18. Letter dated July 11, 2001, Bill ~ Tina Gross, Objecting to the Project. 19. Letter dated July 11, 2001, Judith ~St Eric Escola, Objecting to the Project. 20. E-mail dated July 10, 2001, William ~ Shirley Blake, Objecting to the Project. 21. Letter dated July 11, 2001, Glen 6z Melanie Karren, Objecting to the Project. 22. Neighbor's Report, dated July 11, 2001, Objecting to the Project. 5 of 8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL OF DESIGN REVIEW APPLICATION (DR-O1-005) 19208 Brookview Drive WHEREAS, pursuant to Article 15-46 of the City of Saratoga Zoning Ordinance an application was made to the City of Saratoga for Design Review approval for the construction asecond- story addition of 636 square feet and aground-level addition of 65 square feet to an existing residence at 19208 Brookview Drive per "Exhibit A" and presented at the City Council meeting of July 18, 2001; and WHEREAS, following consideration and approval of the Design Review application by the Planning Commission on June 13, 2001, the decision of the Planning Commission was appealed by Judith and Eric Escola, Melanie and Glenn Karren, Tina and Bill Gross in accordance with Article 14-85 of the Saratoga City Code; and WHEREAS, the City Council conducted a de novo public hearing on the matter at which time any person interested in the matter was given the full opportunity to be heard and to present evidence on July 18, 2001; and WHEREAS, the City Council considered the design review proposed by the applicant in the exhibit marked "Exhibit A," all as more particularly set forth in File No. DR-O1-005 of this City; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the application, and all written and oral evidence presented to the City Council in support and in opposition to the application; and WHEREAS, the Advisory Agency and the City Council has conducted duly noticed public hearings in connection with this matter at which time all interested parties were given a full opportunity to be heard and to present evidence; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: SECTION 1. The City Council of the City of Saratoga hereby finds that: • The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation in that, the existing front elevation includes one hipped roof for the garage and a large steeply pitched shed roof for the residence. The existing roofline is rather massive and void of 6of8 detail or articulation that could serve to break up the mass. The roofline would increase in height from 16 to 21'-2", however, the massing is interrupted by articulation of the roofline. The front elevation would include two shed roofs, one over the garage and one over the living room. The apex of the two roofs would be treated with wood, over the living room and stucco, over the garage. The second-story roofline is inset a considerable distance from the side property lines, 17'-6" on the left and 19 feet on the right. A dormer window is also proposed. The articulation substantially breaks up the perception of mass. Divided light windows and a wood paneled door are also proposed. The design proposed implements the City's Residential Design Guidelines, specifically, Policy 1, "Minimize Perception of Bulk" Technique #3, "Use of Materials and Colors", Technique #6, "Use of Architectural Features to Break Up Massing" and Policy 2, Technique #4, "Integrate All Structures on A Single Site". The rear (south) elevation includes a deck off the second-level master bedroom. The deck includes a trellis and plantings to promote privacy. The existing landscaping would remain which further softens and obscures views to adjoining properties. The home design follows the City's Residential Design Guidelines. Specifically, Policy 3, Technique #1 "Control View to Adjacent Properties" suggests orienting upper floor balconies toward large yard areas and using structural features to limit view angles. The view from the balcony would be limited and afford privacy to the neighbors, given the configuration of the proposed construction. It is important to note that the home to the rear of the subject site, 12515 Woodside Court, was granted a rear yard setback variance in May 2000. The variance permits the house that is currently under construction to be placed closer to the fence line separating the two properties. Again, the landscaping promotes privacy between the two homes • The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas and in that the site contains less than a one percent slope and no grading or tree removal are proposed. The proposed residence 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, in the neighborhood consists of predominately single-story structures on small-sized lots. There are four other two-story homes on Brookview Drive. Building materials include stucco and wood. Landscaping along Brookview Drive is well established. No trees would be affected or removed as a result of the project. The proposed structure, including the architectural detail and materials is compatible with the neighborhood. The design incorporates considerable architectural articulation designed to reduce the perception of mass. ^ The residence 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 7of8 impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. ^ The proposed residence 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. Therefore the appeal should be denied. SECTION 2. The appeal of Design Review DR-O1-005 is hereby denied. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 18`" day of July, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk 8of8 Attachment 1 ITEM 2 REPORT TO THE PLANNING COMMISSION Application No./Location: Owner: Applicant: Staff Planner: Date: APN: DR-O1-005; 19208 Brookview Drive MIKE AND LISA PALUMBO Cynthia Eichorn, INNERHOU(S~rDesign Allison Knapp, Contract Planner-~---~ ~.._.. May 23, 2001 386-06-017 Department ®®0~0~ 19208 Brookview Drive EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed: PROJECT DESCRIPTION 02/16/01 04/17/01 05/09/01 05/10/01 05/09/01 The applicant has requested Design Review approval to construct a 65 square foot addition to the ground-floor of the existing single-story home and a 636 square foot second-story addition for a total of 701 square feet. The existing one-story home would then be a two- story home consisting of 3,049 square feet. The maximum height of the residence will be 21'-2". The site is 9,376 gross and net square feet and is located within an R-1-10,000 zoning district. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-Ol- 005. ATTACHMENTS 1. Staff Analysis 2. Resolution DR-O1-005 3. Plans, Exhibit "A" (No arborists report was required) ®®0®0~ File No. DR-01-005,• 1_ JBBrookviewDrive STAFF ANALYSIS ZONING: R-1-10, 000 GENERAL PLAN DESIGNATION: Residential -Medium Density MEASURE G: Not applicable. PARCEL SIZE: 9,376 sq. ft AVERAGE SITE SLOPE: Less than one percent. GRADING REQUIRED: No grading is proposed. MATERIALS AND COLORS PROPOSED: Exterior finish will match the existing house. Clapboard siding, painted a soft tan will be on the front elevation and soft tan stucco is proposed on the side and rear elevations. Roofing will match the existing gray-green composition shingle roof. A gray-green stucco accent is proposed under the eave of the garage. Color and material samples will be available at the public hearing. (This Area Intentionally Left Blank) P:~Planning~AllisonGStaff ReportsU9208Brookview.doc ~p aa o®Oll~~ File No. DR-01-005,• ~ JBBrookviewDrive Proposal Lot Coverage: No Change Proposed from Existing 41 % (No Change) Floor Area: Setbacks: Height: 821 sq. ft. 574 sq. ft. 2,413 sq. ft. Patio Walkways and Driveway House 3,so8 sq. fr. TOTAL (Impervious Surface) Code Requirements Maximum Allowable 60% Maximum Allowable 2,664 sq. ft. 385 sq. ft. (0) 3,049 sq. ft. 3,056 sq. ft.1 Minimum Requirements 25 ft. 25ft. 37 ft. 25/35 ft. 10/17.5ft. 10/13ft. 10/19.5 ft. 10/13ft. Maximum Allowable 21'-2" ft. 26 ft. N/A 12ft. 2 Living area Garage (Basement) TOTAL Front Rear ls`/2nd Left Side 15T/2nd Right Side 15C/2nd Residence Detached Garage PROJECT DISCUSSION Design Review The applicant has requested Design Review approval to construct a 65 square foot addition to the ground floor of the existing single-story home and a 636 square foot second-story addition for a total of 701 square feet. The existing one-story home would then be a two story home consisting of 3,049 square feet. The maximum height of the residence will be 21'-2". The site is 9,376 gross and net square feet and is located within an R-1-10,000 zoning district. Reflects the height penalty that is applied to structures over 18 feet in height. ' The Planning Commission may grant up to 15 feet if the appropriate findings can be made. P:\Planning\Allison\Staff Reports\19208Brookview.doc OOU00~ File No. DR-01-005,• ~_ _08BrookviewDrive The ground floor addition is proposed in order to provide a covered entry-way to the home. The second-story addition is for a master bedroom. A balcony is proposed off the master bedroom at the rear of the house. The existing front elevation includes one hipped roof for the garage and a large steeply pitched shed roof for the residence. The existing roofline is rather massive and void of detail or articulation that could serve to break up the mass. The roofline would increase in height from 16 to 21'-2", however, the massing is interrupted by articulation of the roofline. As an example, the front elevation would include two shed roofs, one over the garage and one over the living room. The apex of the two roofs would be treated with wood, over the living room and stucco, over the garage. Additionally, the second-story roofline is inset a considerable distance from the side property lines,lT-6" on the left and 19 feet on the right. A dormer v,~indow is also proposed. The articulation substantially breaks up the perception of mass. Divided light windows and a wood paneled door are also proposed. The design proposed implements the City's Residential Design Guidelines, specifically, Policy 1, "M>nimze Perception of Bulk" Technique #3, "Use of Materials and Colors", Technique #6, "Use of Architectural Features to Break Up Massing" and Policy 2, Technique #4, "Integrate All Structures on A Single Site". The rear (south) elevation includes a deck off the second-level master bedroom. The deck includes a trellis and plantings to promote privacy. The existing landscaping would remain which further softens and obscures views to adjoining properties. The home design follows the City's Residential Design Guidelines. Specifically, Policy 3, Technique #1 "Control View to Adjacent Properties" suggests orienting upper Iloor balconies toward large yard areas and using structural features to limit view angles. The view from the balcony would be limited and afford privacy to the neighbors, given the configuration of the proposed construction. It is important to note that the home to the rear of the subject site, 12515 Woodside Court, was granted a rear yard setback variance in May 2000. The variance permits the house which is currently under construction to be placed closer to the fence line separating the two properties. Again, the landscaping promotes privacy between the two homes The neighborhood consists of predominately single-story structures on small-sized lots. There are four other two-story homes on Brookview Drive. Building materials include stucco and wood. Landscaping along Brookview Drive is well established. No trees would be affected or removed as a result of the project. The proposed structure, including the architectural detail and materials is compatible with the neighborhood. The Santa Clara County Fire Department has reviewed the application. The Department had no comments or conditions of approval for the proposed project. Parking The Saratoga City Code requires each residence to have at least two enclosed parking spaces within a garage. The residence has an existing two-car garage. P:\Planning\Allison\Staff Reports\I9206 Btnokview.doc 0®0®~~ File No. DR-01-005,• 1- _08BrookviewDrive Grading No grading is proposed. Geotechnical Review This application did not require review by the City Geologist. Trees No trees would be removed or affected by the proposed construction. An arborists report was not required or necessary for this application. Fireplaces The plans clearly indicate that one gas-burning fireplace is proposed on the second story. One chimney is proposed. No wood-burning fireplaces are proposed. The fire place on the ground floor would be removed as shown on the plans. Correspondence No correspondence regarding this application has been received to date. Conclusion The proposed residence is designed to conform to the policies set forth in the City's Residential Design Handbook and to satisfy all of the findings required within Section 15- 45.080 of the City Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage. STAFF RECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-Ol- 005. P:~Planning~Allison\StaffReportsU9208Brookview.doc ((~~ Q©O~OV APPROVAL OF RESOLUTION NO. DR- 01-005 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA PALUMBO; 19208 Brookview Drive WHEREAS, the Ciry of Saratoga Planning Commission has received an application for Design Review approval for the construction asecond-story addition of 636 square feet and aground-level addition of 65 square feet to an existing residence on a 9,376 square foot parcel; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: o The height, elevations and placement on the site of the proposed residence, v~~hen considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation in that, the existing front elevation includes one hipped, roof for the garage and a large steeply pitched shed roof for the residence. The existing roofline is rather massive and void of detail or articulation that could serve to break up the mass. The roofline would increase in height from 16 to 21'-2", however, the massing is interrupted by amculation of the roofline. The front elevation would include two shed roofs, one over the garage and one over the living room. The apex of the two roofs would be treated with wood, over the living room and stucco, over the garage. The second-story roofline is inset a considerable distance from the side property lines,lT-6" on the left and 19 feet on the right. A dormer window is also proposed. The articulation substantially breaks up the perception of mass. Divided light windows and a wood paneled door are also proposed. The design proposed implements the City's Residential Design Guidelines, specifically, Policy 1, "M~nimi~e Perception of Bulk" Technique #3, "Use of Materials and Colors", Technique #6, "Use of Architectural Features to Break Up Massing" and Policy 2, Technique #4, "Integrate All Structures on A Single Site". The rear (south) elevation includes a deck off the second-level master bedroom. The deck includes a trellis and plantings to promote privacy. The existing landscaping would remain which further softens and obscures views to adjoining properties. The home design follows the City's Residential Design Guidelines. Specifically, Policy 3, Technique #1 "Control View to Adjacent Properties" suggests ®®~~~~ File No. DR-01-005,• 1y~08BrookvlewDrlve orienting upper floor balconies toward large yard areas and using structural features to limit view angles. The view from the balcony would be limited and afford privacy to the neighbors, given the configuration of the proposed construction. It is important to note that the home to the rear of the subject site, 12515 Woodside Court, was granted a rear yard setback variance in May 2000. The variance permits the house that is currently under. construction to be placed closer to the fence line separating the two properties. Again, the landscaping promotes privacy between the two homes The- natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimising tree and soil removal; grade changes will be minimised and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas and in that the site contains less than a one percent slope and no grading or tree removal are proposed. The proposed residence in relation to structures on adjacent lots, and to the surrounding region, will minimise the perception of excessive bulk and will be integrated into the natural environment, in the neighborhood consists of predominately single-story structures on small-sized lots. There are four other two-story homes on Brookview Drive. Building materials include stucco and wood. Landscaping along Brookview Drive is well established. No trees would be affected or removed as a result of the project. The proposed structure, including the architectural detail and materials is compatible with the neighborhood. The design incorporates considerable architectural articulation designed to reduce the perception of mass. The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. ^ The proposed residence 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. Now, THEREFOxE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Mike and P:~I'IanninglAllison\Staff Reports~19208 Brookview.doc ~' ®o o l.YU File No. DR-01-005,• Iy~08BrookviewDrlve Lisa Palumbo for Design Review approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT The development shall be located and constructed as shown on Exhibit `.A", incorporated by reference. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: i. Only one wood-burning fireplace shall be permitted and the fireplace shall be clearly marked on the plans. The wood-burning fireplace shall be equipped with a gas starter. ii. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the Ciry, the RCE or LLS of record shall pro~~ide a written certification that all building setbacks are per the approved plans." 3. No Ordinance-size trees shall be removed. 4. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 5. No structure shall be permitted in any easement. 6. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. CITY ARBORIST 7. None Required. FIRE PROTECTION DISTRICT None Required. ®®o~~~, P:~Planning~Allison~Staff Reportsu9208 Bmokview.doc q„• File No. DR-0I-OOS,• IyL08BrookviewDrive CITY ATTORNEY 9. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 10. Noncompliance with any of the conditions of this permit shall constitute a ~~iolation of the permit. Because it is impossible to estimate damages the Ciry could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. P:~Planning~Allison\Staff Reportsu9208 Brookview.doc ~ ©O ®~~ File No. DR-0I-DOS,• Iy~~BBrookviewDrive Section 2. Construction must be commenced within 24 months or approval will exp>re. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 23rd day of May 2001 by the following roll call vote: AYES: NOES: ABSENT: Abstain: Chair, Planning Commission ATTEST: Secretary, Planning Commission P:~PlanningiAllisonGStaff Reports~19208 Brookview.doc ®®O O T~IIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ®®0~~~ Attachment 2 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 13, 2001 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Barry called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE Rni,i. C.Q-i.i. Present: Commissioners Barry, Garakani, Jackman, Kurasch and Zutshi Absent: Commissioner Roupe Staff: Director Tom Sullivan, Senior Planner Bob Schubert and Planner Allison Knapp APPROVAL OF MINUTES -Regular Meeting of May 9, 2001. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Jackman, the Regular Planning Commission minutes of May 9, 2001, were approved with the following amendment to Page 18 -Commissioner Kurasch ... Said that she is not comfortable supporting this request of increasing buildable lots to two when one now exists. (5-0-1; Commissioner Roupe was absent.) ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 8, 2001. TECHNICAL CORRECTIONS TO PACKET Director Tom Sullivan, provided a minor technical correction to the packet. CONSENT CALENDAR Commissioner Jackman asked that the Consent Calendar item be pulled from Consent and that staff provide a report. DR-00-062 (397-28-013) - PICO RANCH, INC., 20460 Williams Road: Request for Design Review approval to demolish an existing 1,275 square foot single-family residence and construct a new 4,057 square foot two-story residence. Maximum height of the structure will be 23 feet. The 7,671 square foot parcel is located in the R-1-10,000 zoning district. (CONTINUED FROM 4/25/01) Saratoga Planning Commission Minutes of June 13, 2001 Page 4 Commissioner Garakani asked whether these eight temporary units provide enough space to adequately serve as the temporary Library. Ms. Marsha Manzo, Chair of the Library Expansion Committee, advised that they are working with teachers and the schools. Agreed that during this construction period, the Library will not be able to be the sole after-school facility, as they simply will not have the room. Added that they are already overcrowded in the regular Library and often one sees children sitting on overturned trashcans. Said for 18 months, the space they have available will be small but afterwards they will have a wonderful new Library for the Community. Chair Barry closed the Public Hearing for Agenda Item No. 1 at 7:50 p.m. Commissioner Kurasch reiterated the need for safety and directional signs on site. Director Tom Sullivan agreed that this signage is appropriate and necessary. Added that many community groups that typically utilize the Library for meetings must find alternate sites for their meetings during this construction period. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Zutshi, the Commission approved TUP-Ol-002 to allow the temporary relocation of the Saratoga Community Library into eight temporary buildings on Sacred Heart Church and School property at 13724 Saratoga Avenue during the renovation and expansion of the City's existing Library at 13650 Saratoga Avenue, with the added condition that adequate directional and safety signs be posted on site. (5-0-1; Commissioner Roupe was absent) Chair Barry advised that this approval is final in 15 days, following the appeal period. *** PUBLIC HEARING -ITEM N0.2 DR-O1-005 (386-06-017) - PALUMBO, 19208 Brookview Drive: Request for Design Review approval to construct a 65 square foot addition to the ground floor of the existing single-story home and construct a 636 square foot second-story addition. Total addition would be 701 square feet for a 3,049 square foot home. The maximum height of the residence will be 21 feet, 2 inches. The property is 9,376 square feet and is located within an R-1-10,000 zoning district. Ms. Allison Knapp, Planner, presented the staff report as follows: • Advised that the applicants are seeking approval to add a second story to an existing single-story residence, including a second story deck. • Said that 636 square feet will be added to the second floor to create a master suite and 65 square feet will be added to the ground floor. Minimal windows will be used on the second story, one on the right elevation, one on the left and one door leading to the second story deck area. It is believed that any privacy issues resulting from the deck can be mitigated with the use of trellis. • Informed that a letter in opposition has been received from a resident on Woodside Court. Saratoga Planning Commission Minutes of June 13, 2001 Page 5 • Advised that the properties on Woodside Court were granted a Variance that sets their homes back just 16 feet from the rear property line rather than the typical 25 foot requirement without issuance of a Variance. • Added that other neighbors have provided a letter of support. • Concerns have been raised about the potential for future change out of the approved windows that will increase privacy impacts. The requirement to retain these windows can be strengthened within the Conditions of Approval to mitigate that concern. • Staff is recommending approval of this request with the use of screening trellis for the deck feature. Chair Barry opened the Public Hearing for Agenda Item No. 2 at 8:05 p.m. Ms. Cynthia Eikhorn, Project Designer: • Distributed a board with photographs taken from the roof of the subject property, offering a panoramic view of what is visible of the adjacent properties from this residence. • Said that the photos clearly demonstrate that views of other homes, yards and windows are limited. • Advised that the home has been designed so as not to inflict privacy issues on the neighbors but rather to focus views on its own backyard. • Added that the second story windows and door to the balcony are necessary features to provide light, air and egress from that part of the home. Commissioner Kurasch asked for clarification about the ingress/egress requirements. Ms. Cynthia Eikhorn advised that the door to the deck provides a necessary egress option. The other windows on the second floor are too high and too small to serve as a means of egress. Commissioner Kurasch expressed concern for privacy impacts from this balcony. Ms. Tina Gross, 12508 Woodside Court, Saratoga: • Said that this project site does not abut their own home but is visible from their home. • Advised that she and her husband bought into asingle-story neighborhood. Since approximately eight homes abut their home, the potential is there for a number of second-story additions that could greatly impact their privacy and could greatly reduce their ability to enjoy use of their huge backyard in privacy. • Said that while she does not share a fence with this subject property, she also does not want to look up at a second story. • Expressed fears about a domino effect, with the potential for numerous second story additions in the future. • Said that she has two giant sycamore trees in her yard to help with screening. Commissioner Kurasch asked Ms. Gross how many two story homes she can see from her home. Ms. Tina Gross replied that there are two visible from her home. One is located kitty corner from her home. The other is visible from her rear yard. However, on her street, Woodside Court, there are no two-story homes. Ms. Melanie Karren, 12515 Woodwide Court, Saratoga: Saratoga Planning Commission Minutes of June 13, 2001 Page 6 • Advised that she had submitted a letter to the Commission expressing her concern for a loss in privacy with this second-story addition. • Said that her home is located directly behind this site. • Advised that they have just completed asingle-story addition to their home and this second-story addition will overlook a great part of their home and yard. • Said that a Landscape Architect she consulted with has advised that the trees existing on the subject property will lose leaves and during that time screening by these trees will be limited. • Said that she has a Variance on her property for two and a half feet into the side yard setback, which was approved because it was an existing structure. • Added that atwo-story was constructed in a house located behind their bedroom. At the time, they did not object to that project. • Said that they have looked at the plans, find them to be of a nice design but want to protect their investment and privacy. Mr. Eric Escola, 19224 Brookview Drive, Saratoga: • Said that his home is situated to the right of this project and he has lived there for 10 years. • Said that he installed double paned windows to mitigate the noise from Highway 85. • Advised that he likes the privacy offered by single-story homes with six-foot fences and mature landscaping. These features drew him to purchase in this neighborhood. • Said that his main issue is privacy. Two proposed windows for this addition will face his house. Said that the designer has assured him that access to these windows from the home will be limited since there are built in bookcases that are two feet deep. • Distributed photos taken from his residence. One showing the view from his family room and the other taken from his backyard looking toward the roofline of the Palumbo home. • Expressed, concern with the potential for modifying any required mitigation measures by future owners. • Asked that a Condition of Approval ensure that these measures remain in effect. • Clarified that he signed a letter showing that he had reviewed the plans for this remodel but that his signature does not reflect support for the proposal. Ms. Cynthia Eikhorn, Project Designer, encouraged the neighbors to review her panoramic photos. Said that her clients are willing to add evergreen landscaping to help screen this site from adjacent neighbors. Assured that they are being sensitive in their design to the architecture and to the neighbors. Commissioner Zutshi asked about the relationship between the need for the balcony and desire for a view. Ms. Cynthia Eikhorn advised that having a balcony allows the feeling of being up in the treescape. There is a sense of the mountains just being there. The balcony is just a nice feature to have. Chair Barry closed the Public Hearing for Agenda Item No. 2 at 8:18 p.m. Commissioner Zutshi said that the balcony is a big issue with the neighbors and wondered if it was really a necessary feature. Commissioner Kurasch: Saratoga Planning Commission Minutes of June 13, 2001 Page 7 • Said that she appreciates the efforts to be sensitive in designing this project. • Said that it was a disadvantage not having a plot plan to see this house in relation to the property. Without, it is hard to see if there are alternatives and/or other options. • Said that is appears there are adverse impacts on neighbors. • Stated that the 21-foot height is not unreasonable even for asingle-story home let alone atwo- story. • Said that it is bad practice to rely on vegetation to deal with design issues. • Expressed her reticence to approve asecond-story addition in a predominately single-story neighborhood. Commissioner Jackman said that this is a tastefully done addition. Agreed that 21 feet is not that high for atwo-story residence. Asked if it is possible to place the balcony toward the front of the house. Chair Barry said that it appears the Commission is leaning toward moving the balcony to the front elevation, strengthening the Conditions of Approval regarding the retention of the approved windows and requiring additional screening landscaping. Asked Ms. Eikhorn if her clients are willing to consider these requirements. Ms. Cynthia Eikhorn replied that she believed so. Said that they prefer the front elevation has they have proposed. Said that either an alternative balcony design at the rear elevation or a change to windows instead of a balcony could be considered. Chair Barry reopened the Public Hearing for Agenda Item No. 2 at 8:26 p.m. Mr. Mike Palumbo stated that he would support either a reduction in the size of the balcony or go to the use of windows instead. These options are preferred rather than moving the balcony to the front of the house. Chair Barry pointed out that the Commission wants to ensure that the approved windows are retained in the future, that the deck be screened with a trellis feature, that additional evergreen landscape screening be added and that opaque glass in the bathroom window be used. Mr. Mark Palumbo said these requirements are fine with him. Chair Barry reclosed the Public Hearing for Agenda Item No. 2 at 8:27 p.m. Chair Barry reopened the Public Hearing for Agenda Item No. 2 at 8:28 p.m. Mr. Eric Escola, 19224 Brookview Drive, Saratoga: • Asked for clarification as to whether the balcony stands to be redesigned or relocated to the front of the home. Director Tom Sullivan advised Mr. Escola that right now the Commission is discussing its options. The ultimate proposal will be made clear when a motion is proposed. Commissioner Kurasch suggested that perhaps the redesigned project should come back to the Commission for a second look. Saratoga Planning Commission Minutes of June 13, 2001 Page 8 Chair Barry said that she would prefer to have specific Conditions of Approval prepared so that this project can go forward. Added that the Commission is very sensitive to the neighborhood compatibility issues. Said that the Commission hears of the privacy impact issues from the rear neighbors and that additional landscaping is a reasonable option. Added that had the Planning Commission received a consensus about the wishes of the neighborhood that would have been considered very seriously. Commissioner Garakani stated that since the bedroom is used for sleeping, the privacy impacts should be minimal. Commissioner Kurasch disagreed, stating that the room can be used as a sitting room or for some other purpose other than as a bedroom. Said that the desire for a view is the clear reason for the inclusion of a balcony feature. Added that use of windows instead of a balcony might be a better option. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Garakani, the Planning Commission approved DR-O1-005 to allow a 701 square foot addition to a residence on property located at 19208 Brookview Drive with the added Conditions of Approval: 1. That the window provision be strengthened within the Conditions of Approval; 2. That the balcony either be reduced in size or eliminated; 3. That the windows at the rear be reduced; and 4. That the applicants provide additional screening landscaping to provide year- round screening. (4-1-1; Commissioner Kurasch voted against and Commissioner Roupe was absent) Chair Barry advised that there is a 15 day appeal period before this action is final. Director Tom Sullivan instructed the designer to provide revised plans to the Planning Department before the conclusion of the appeal period so that the neighbors can be invited to review the revised plans and determine whether or not they feel an appeal is warranted. *** PUBLIC HEARING -ITEM NO.3 UP-O1-004 (397-24-012) - MARKWITH, 20253 La Paloma Avenue: Request for a Use Permit to construct a new 462 square foot garage and remove an existing 297 square foot garage. The Use Permit is required to allow the structure to be built within the rear and side yard setback. The property is 7,491 square feet in area and is located in the R-1-10,000 zoning district. Ms. Allison Knapp, Planner, presented the staff report as follows: • Advised that this request is for a Use Permit to allow the reconstruction and enlargement of a garage located within rear and side yard setbacks. • Said that this is an existing non-conforming structure that will be demolished and reconstructed. • Said that the Use Permit is required since this is a legal non-conforming structure. • Informed that during the site visit, it was determined that the installed driveway was just 8 feet wide rather than the required 11.5 feet in width. The proper width was depicted on the plans but the contractor incorrectly installed the drive. It will be corrected. Attachment 3 Apri121 ~`, 2001 Dear Neighbor, Lisa and I have been thinking about remodeling of our home to increase our living space. In this regard we have submitted an application to Saratoga, which will be scheduled for a design review in a town meeting sometime in late May. - We have been working with an architect, Cindy Eichhorn of Innerhouse Design of Saratoga, who is in sync with our desire to maintain the integrity of the current design while adding `craftsman style' features that we think look nice in our neighborhood. One of our requirements for Cindy was to keep the design within Sazatoga building codes such that we would not need to request any variances from the city (and thus have the least impact on our neighbors). We wanted to review our plans with you to make you aware of what we aze proposing and see if we could gain your acceptance of our plan. Sincerely, Mike and Lisa Palumbo Plans Reviewed with Neighbors on Dates Identified Below: Name Signed Address Date ~ ,~o~ ~. ~ 1 ~ ~ eD VI ~ D gZZ 1ZVi ~ ~~~o~~ ~ Mav 2 z 2ooi CITY OF SARA"I OGA COM~1U`:'~r'r' CI:V;'LOP~tENT Attachment 4 Planning Commission 19 May 2001 City of Saratoga Subject: DR-O1-005 (386-06-017) Request for second story addition to 19208 Brookview Drive Statement of Judi and Eric Escola: As the Homeowners of the adjacent property at 19224 Brookview, we have issues with the current construction plans of the Palumbo's at 19208. Although we think the planned "craftman's style" architecture is nice, we are concerned about privacy. The two windows planned for the west side of the second story provide a view directly into our Family Room and Utility Room. Our side yard would also be completely visible. The planned balcony on the second story facing the rear yard would also provide a lateral view into our Family Room. The result is a loss of privacy in the main living areas of our home. The planned balcony and glass areas also provide a direct view into most all of our backyard. This is of great concern to us as we use the backyard extensively and currently enjoy the same privacy as do all adjoining neighbors including the Palumbos. It is also important to us that the final design fit the neighborhood. The choice of a roofing material and chimney design or surface treatment that fits into the neighborhood is important to us since this will be a primary view from our house. We have no issue with the current plan in this regard as we understand it. We are also concerned that if the Palumbo's alter their plans to maintain our privacy, a future homeowner might add these features at a later date. Is there a way to eliminate this future possibility by defining a permanent limitation? In closing, we feel the loss of privacy that results from the current plan will greatly impact the enjoyment of our home and backyard. espectfiz~y, udith and Eric Escola 19224 Brookview Drive Saratoga, Ca. (408) 255-5971 ~~~~o~~~ MAY 2 1 2001 CIl'Y OP SA1~1'('UGA COMA; U'~,'~TY DGb'1?1.OP~A'iGNT Attachment 5 Bill and Tina Gross 12508 Woodside Court Saratoga CA 95070 (408) 865 0655 June 11, 2001 Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Palumbo, 19208 Brookview Drive Dear Commissioners: We reside at 12508 Woodside Court. Our home is in the base of a cul-de-sac, which partially backs up to Brookview Drive. We purchased this particular home in large part for the privacy and lack of traffic that a cul-de-sac affords and for the large backyard that would allow for single-story expansion. Eight homes abut our property. There are no two-story homes in Woodside Court and very few in all of Brookview. While the property at issue does not directly abut ours, we can see their roof from our kitchen table. A second story addition would considerably interfere with our view. Whether or not the plans at issue include windows from which the residents could view our home or our yard, we have no desire to look out of our windows upon a second story. Further, we are concerned about the precedent that approving a second story in this instance would set. We would be greatly troubled if the domino principle were to take effect. If the homes directly behind ours were to propose second stories, we would protest vigorously. Approving second story additions in Brookview would negatively change the feel of the neighborhood. Thank you for your consideration. Sincerely, ~ .---- ~ ~v`~ ~-- ill and Tina Gross Attachment 6 To: Saratoga Planning Division From: Glenn and Melanie Karren i 2515 Woodside Ct. Saratoga, CA We are writing this letter to express our concerns regarding our neighbor's intentions of adding a second story to their home. Our neighbor's are Mike and Lisa Palumbo on 19208 Brookview Dr. (DR-01-005). We are the neighbors directly behind their property and our home would have the greatest impact from this proposed addition. What appealed to us when we bought our home was its private location in the back of a court. There are no two story additions in the 10 homes on Woodside Court. We are just finishing a remodel and addition to our home, we added about 600 square feet. We chose to add onto the existing property without going up. We weren't able to get as much square footage as we would like to have but felt it was a better option for maintaing ours and the neighbor's privacy. We already have a home with a two story addition behind our two back bedrooms and part of our kitchen. The Palumbo's proposed addition would look directly into our home's living spaces both inside and out; over a courtyard ,bedroom, family room and kitchen. You are able to see the Palumbo's house and proposed window sites from every room with a window on the back of our home. We strongly object to a second story sliding glass door and balcony overlooking our property. We talked to the Palumbo's about the balcony and was told they want a view. We want to be able to look out the windows of our home and see the sky not a two story building directly behind us. The trees which would block some of the view between us are all deciduous trees. During the summer months they would offer some amount of cover but they loose all their leaves and became bare leaving no privacy. We understand the Palumbo's wish to have more space in their home and suggest they add onto their home keeping it a one story. We do not want the enjoyment of our home compromised by a second story addition looking directly down on us. We did not buy our home in a neighborhood of two story homes, and we don't wish it to become one. Thank you for your consideration in this matter. You may contact us with any concerns or questions. ~~ ~. ~ JUN 1 1 2001 Sincerely, Glenn and Melanie Karren CITY OF SARATOGA COMTAUNITY DEVEI.OPM(=NT ~ Attachment 7 ~ ° ~O a ~~~~ o o~~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 568-1200 ~~ Incorporated October 22, 1956 June 21, 2001 To Whom It May Concern: COUNCIL MEMBERS: Evan 8ake~ Stan Bogosian John Mehaffey Nick Streit Ann Waltonsmith This is to inform you that revised plans for 19208 Brookview Drive have been received at the Saratoga Planning Department for your review. The office is open Monday through Friday, 8:00 a.m. to 5:00 p.m. Please ask for Kristin Borel or Allison Knapp and either of us will direct you to the Plans. Please make you review by June 28, 2001. If you have any question please call 868-1222. Thank you, ~ ~--~ 1 Q Kristin Borel Community Development Department Printed on recycled paper. ~rnootn reeu ~neets.~.. Cina Gross .2508 Woodside Court Saratoga, CA 95070 A AVERY® Address Labets Melanie Karren 12515 Woodside Court Saratoga, CA 95070 \jSC lCiiIFI ~Lii- ~v~ .~av~ Eric Escola 19224 Brookview Drive Saratoga, CA 95070 Laser 5160® Attachment b vu1C' ~ T ~uU i THIS BOX TO BE COMPLETED BY CITY CLERK Date Received o~ Hearing Date, ~- irt~ Fee ~ ~-71~ ~ Receipt # City of Saratoga APPEAL APPLICATION ,~ I ~~ 1~ (THIS TWO-PART APPLICATION MUST BE SUBMITTED TO THE CITY CLERK, 13777 FRUITVALE AVENUE, SARATOGA CA 95070, BY 5:00 P.M. WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE OF THE DECISION) Appellant Name_,~ l ~ .1 ~ ~ ~.o ~ [.~ Address lGl ~~ ~ ~~~'~o~.J ~e~ ~)r~~l~ Telephone,~,~ 5' ~ d 'l ~ Fax Name of Applicant (if different from Appellant Project File Number and Address ~-~~i- CGS L.3~5~-~~`~- ~1~1~ 1~i,~C~~~' ~`~:k.~~.~.J ~('~il~~clu-~~~ Decision Being Appeal G Se .~ r,c~ - ~ ~ ~ G c~c1; ~~ c, n Grounds for Appeal (letter may be attached): * ppellant's Signature (Please do not sign this application and the attched authorization until it is presented at City offices.) City of Saratoga APPEAL APPLICATION (Part 2) AUTHORIZATION FOR PUBLIC NOTICING I, ~ i~~~%~c ~ ~ , as appellant on Project File # 1~Z~ C~1 ~ UU~~3~b ~U~ ~DI ~, hereby authorize Engineering Data Services to perform the legal noticing for this appeal application. - Signatu ate G ~. APPEAL FEES AS OF 7/99 (RES. 99-35~ • Municipal Code Section 2-05.030(a) appeals: • No hearing ..............................................................................................$100 • With hearing ............................................................................................$200 • Municipal Code Section 15-90.010 appeals (zoning related): • Appeals from administrative decisions to Planning Commission ............$150 • Municipal Code Section 15-90.020 appeals (zoning related): • Appeals from Planning Commission to City Council ......... .......................$250 • Request for continuance: • For first request ....................................................................................... No charge • For second and each additional request .................................................$250 -- ~-- Attachment 9 APPROVAL OF RESOLUTION NO. DR- 01-005 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA PALUMBO; 19208 Brookview Drive WHEREAS, the City of Saratoga Planning Commission has received an application . for Design Review approval for the construction asecond-story addition of 636 square feet and aground-level addition of 65 square feet to an existing residence on a 9,376 square foot parcel; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review approval, and the following findings have been determined: The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation in that, the existing front elevation includes one hipped roof for the garage and a large steeply pitched shed roof for the residence. The existing roofline is rather massive and void of detail or articulation that could serve to break up the mass. The roofline would increase in height from 16 to 21'-2", however, the massing is interrupted by articulation of the roofline. The front elevation would include two shed roofs, one over the garage and one over the living room. The apex of the two roofs would be treated with wood, over the living room and stucco, over the garage. The second-story roofline is inset a considerable distance from the side property lines,lT-6" on the left and 19 feet on the right. A dormer window is also proposed. The articulation substantially breaks up the perception of mass. Divided light windows and a wood paneled door are also proposed. The design proposed implements the City's Residential Design Guidelines, specifically, Policy 1, "Minunize Perception of Bulk" Technique #3, "Use of Materials and Colors", Technique #6, "Use of Architectural Features to Break Up Massing" and Policy 2, Technique #4, "Integrate All Structures on A Single Site". The rear (south) elevation includes a deck off the second-level master bedroom. The deck includes a trellis and plantings to promote privacy. The existing landscaping would remain which further softens and obscures views to adjoining properties. The home design follows the City's Residential Design Guidelines. Specifically, Policy 3, Technique #1 "Control View to Adjacent Properties" suggests File No. DR-01-005,• n-,~08BrookviewDrlve '~---- orienting upper floor balconies towazd lazge yazd areas and using structural features to limit view angles. The view from the balcony would be limited and afford privacy to the neighbors, given the configuration of the proposed construction. It is important to note that the home to the rear of the subject site, 12515 Woodside Court, was granted a rear yazd setback variance in May 2000. The variance permits the house that is currently under construction to be placed closer to the fence line separating the two properties. Again, the landscaping promotes privacy between the two homes The natural landscape will be preserved insofaz as practicable by designing structures to follow the natural contours of the site and minim;~ing tree and soil removal; grade changes will be minimised and will be in keeping with the general appearance of neighboring developed azeas and undeveloped areas and in that the site contains less than a one percent slope and no grading or tree removal are proposed. The proposed residence in relation to structures on adjacent lots, and to the surrounding region, will minimise the perception of excessive bulk and will be integrated into the natural environment, in the neighborhood consists of predominately single-story structures on small-sized lots. There aze four other two-story homes on Brookview Drive. Building materials include stucco and wood. Landscaping along Brookview Drive is well established. No trees would be affected or removed as a result of the project. The proposed structure, including the architectural detail and materials is compatible with the neighborhood. The design incorporates considerable architectural articulation designed to reduce the perception of mass. The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the Ciry. ^ The proposed residence 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. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Mike and P:~PlanningWlisonlStaff ReportsV9208Bmokvicw.doc File No. DR-OI-045,• ~^'08BrookviewDrive '~~ Lisa Palumbo for Design Review approval be and the same is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference except as modified herein by the Planning Commission. i. Windows on the right and reaz elevation shall not be altered. The windows are sized and placed in order to protect privacy to adjacent neighbors. ii. That the rear balcony shall either be reduced in size or eliminated. iii. That the windows on the second-story rear elevation be reduced in size. iv. That the applicant's provide additional landscape screening to provide yeaz-round privacy screening. Landscaping shall be in the form of evergreen trees. 2. Prior to submittal for Building permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: i. Only one wood-burning fireplace shall be permitted and the fireplace shall be clearly marked on the plans. The wood-burning fireplace shall be equipped with a gas starter. ii. The site plan shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks aze per the approved plans." 3. The following conditions added by the Planning Commission during the Public Hearing on June 13, 2001: i. The windows on the side elevations of the second story shall not be enlarged. ii. The second floor balcony shall be reduced in size, moved to the front of the home or eliminated. iii. Windows on the rear second story elevation shall be reduced in area for more privacy to adjacent properties. P:\Planning\AllisonlStaff Rcports\19208 Brookview.doc File No. DR-01-005,•'~'08BrookviewDrive ' ~.- iv. Landscaping at the rear of the property shall be added that provides additional privacy screening. v. The applicant shall revise the plans and make them available for neighbor review within the 15 day appeal period. 4 No Ordinance-size trees shall be removed. 5. FENCING REGULATIONS - No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 6. No structure shall be permitted in any easement. 7. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. CITY ARBORIST 8. None Required. FIRE PROTECTION DISTRICT 9. None Required. CITY ATTORNEY 10. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 11. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. P:U'Iannin~Allison4S taff ReporesU9208 Brookview.doc File No. DR-OI-005,•`'.._..~08BrookviewDrive '~~=' Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTID by the City of Saratoga Planning Commission, State of California, this 13`h day of June 2001 by the following roll call vote: AYES: Barry, Garakani, Jackman, and Zutshi NOES: Kurash ABSENT: Roupe Abstain: air, Plannng Co ssion ATTEST: Secretary, Planning Commission P:~Planning4Ulison~Sraff Rcports~192088mokview.da Attachment 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL OF DESIGN REVIEW APPLICATION (DR-O1-005)19208 Brookview Drive WHEREAS, pursuant to Article 15-46 of the Ciry of Saratoga Zoning Ordinance an application was made to the City of Saratoga for Design Review approval for the construction asecond- story addition of 636 square feet and aground-level addition of 65 square feet to an existing residence at 19208 Brookview Drive per "Exhibit A" and presented at the City Council meeting of July 18, 2001; and WHEREAS, following consideration and approval of the Design Review application by the Planning Commission on June 13, 2001, the decision of the Planning Commission was appealed by Judith and Eric Escola, Melanie and Glenn Karren, Tina and Bill Gross in accordance with Article 14-85 of the Saratoga City Code; and WHEREAS, the Ciry Council conducted a de novo .public hearing on the matter at which time any person interested in the matter was given the full opportunity to be heard and to present evidence on July 18, 2001; and WHEREAS, the City Council considered the design review proposed by the applicant in the exhibit marked "Exhibit A," all as more particularly set forth in File No. DR-O1-005 of this City; and WHEREAS, the Ciry Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relating to the application, and all written and oral evidence presented to the City Council in support and in opposition to the application; and WHEREAS, the Advisory Agency and the City Council has conducted duly noticed public hearings in connection with this matter at which time all interested parties were given a full opportunity to be heard and to present evidence; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: SECTION 1. The City Council of the City of Saratoga hereby finds that: • The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhood; and (ii) community view sheds, will avoid unreasonable interference with views and privacy, in that the location of the proposed residence will be partially screened from existing residences by mature vegetation in that, the existing front elevation includes one hipped roof for the garage and a large steeply pitched shed roof for the residence. The existing roofline is rather massive and void of detail or articulation that could serve to break up the mass. The roofline would increase in height from 16 to 21'-2", however, the massing is interrupted by articulation of the roofline. The front elevation would include two shed roofs, one over the garage and one over the living room. The apex of the two roofs would be treated with wood, over the living room and stucco, over the garage. The second-story roofline is inset a considerable distance from the side property lines, 17'-6" on the left and 19 feet on the right. A dormer window is also proposed. The articulation substantially breaks up the perception of mass. Divided light windows and a wood paneled door are also proposed. The design proposed implements the City's Residential Design Guidelines, specifically, Policy 1, "Minimize Perception of Bulk" Technique #3, "Use of Materials and Colors", Technique #6, "Use of Architectural Features to Break Up Massing" and Policy 2, Technique #4, "Integrate All Structures on A Single Site". The rear (south) elevation includes a deck off the second-level master bedroom. The deck includes a trellis and plantings to promote privacy. The existing landscaping would remain which further softens and obscures views to adjoining properties. The home design follows the City's Residential Design Guidelines. Specifically, Policy 3, Technique #1 "Control View to Adjacent Properties" suggests orienting upper floor balconies toward large yard areas and using structural features to limit view angles. The view from the balcony would be limited and afford privacy to the neighbors, given the configuration of the proposed construction. It is important to note that the home to the rear of the subject site, 12515 Woodside Court, was granted a rear yard setback variance in May 2000. The variance permits the house that is currently under construction to be placed closer to the fence line separating the two properties. Again, the landscaping promotes privacy between the two homes • The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas and in that the site contains less than a one percent slope and no grading or tree removal are proposed. The proposed residence 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, in the neighborhood consists of predominately single-story structures on small-sized lots. There are four other two-story homes on Brookview Drive. Building materials include stucco and wood. Landscaping along Brookview Drive is well established. No trees would be affected or removed as a result of the project. The proposed structure, including the architectural detail and materials is compatible with the neighborhood. The design incorporates considerable architectural articulation designed to reduce the perception of mass. ^ The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties; nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. 2 of 3 ^ The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The proposed residence 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. Therefore the appeal should be denied. SECTION 2. The appeal of Design Review DR-O1-005 is hereby denied. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga Ciry Council held on the 18th day of July, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk 3 of 3 Attachment 14 July 8, 2001 DONALD J. MATTADE AND GLORIA D. MATTADE 19160 BROOKVIEW DRIVE SARATOGA, CA 95070 408/ 257-5535 E-Mail: TTADE3@aol.com SARATOGA CITY COUNCIL 13777 FRUITVALE AVENUE SARATOGA, CA 95070 RE: DR-01-005 (386-06-017) -Palumbo, 19208 Brookview Drive Attention Council Members: -_ ~-~. JUL ~~~ ~. , ..... The original Brookview Tract was developed in the 1956 period as single story homes. Since then there have been an increasing number of sernnd story additions causing real concern on the part of many residents with regards to the impact of unplanned development on our beautiful and homogeneous neighborhood. I ask you to please consider the facts and the sketch below and develop some reasonable formula for ratios tolerable height additions, which will not affect us homeowners so negatively. FACTS: 1. Out of 18 homes on Brookview between Titus and Woodside, there have been 5 (including the above referenced) two story additions. There is no other block in the Brookview tract, which comes close to this 19'~ ratio of mixing gigantic height among our single story homes. 2. This will soon reach the point where the single story homes left will become significantly depressed in price due to loss of amenities in one story homes. The creates opportunities for developers to walk in and buy us up, add the additional stories, and sell higher knowing that YOU dori t Gaze nor control this situation 3. More square feet mean more people, which mean more cars, boats and motor homes in an area already stressed from a lack of clear street space. Inmost cases space is made for additional adult housing, not growing families. What do you think our neighborhood is going to look like with all of the interspersed gigantic heights? 4. The decks on the two story homes are a tembly invasion of privacy as are windows looking down into the yazds and first story windows of neighbors. And we loose sunlight in our backyard gazdens, views of the beautiful hills which are replaced by some structure of indeterminate beauty. Is it your position that the privacy of property owners is "a privilege' and not "a right "? Do so~me~th~ing, please to s~ave~our neighborhood. Thank you. Donald J. Mattade A.P.N.386-06-020 G.G, py,,oun~r~v ~ C.ottr-t tsS t o ~ 1,~/~_CJ D 5 ~ __ sT~r~ ~--~- ~~D1_T~o A./ C'~ Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Dear John Mehaffey: Attachment 15 12163 Woodside Drive Sazatoga, CA 95070-3472 July 6, 2001 My wife and I have lived in the Brookview azea of Sazatoga for over 33 yeazs. During that period we have seen a number of second story additions built in the neighborhood. Most of them aze an eyesore which detracts from the attractiveness of community. We built our addition on land available on our lot maintaining its one-story ranch style which we believe has contributed to an improvement in the appearance of the area. We also believe the issue of privacy is a significant concern which needs to be considered. We can appreciate the apprehension of our friends and neighbors when they visualize people looking down on them in their back garden azeas and home interiors. Most of us have a great deal invested in our homes and would like to see their value maintained. Accordingly, we appeal to you to reject second story additions such as the one proposed at 19208 Brookview Drive. Respectfully yours, ~l '~ - ! 1.~~tiv Martin S. Abelow /U~ ~ ~ Mrs. Robert E. .Stewart ~~ ~ 0 ~ ~ ~~ `-~`^~ 12$17 Palmtag Drive ~ JUL 1 2~~1 Saratobsa, Ciali~ornia 9$070 `~ ~..J. ., .. . L.-_ /~ .~~~%~ .~ ~ ~ ~ ~ ~ ~~~~~~e . , ~~ , 9-~-D ~d ,f e~ ~ Yr~~)9v el~.~,~u ~ttacnment to _,~ 1 .,~~ _ f r ~~ ~~~-sv' C 7n ~,~~ G~l r J / t_%~~5 -~-c :mac-L-~-- J ~h~ ~~ ~~ ~~ ~~ ~ , ~~- ~~-~' .. ...~.~-cam A 1'"~- ~ ,r U Country Squire Lane Titus Avenue Lower Woodside Drive Upper Woodside Drive Woodside Court Palmtag Drive Bellwood Drive Mellowood Drive Lower Brookglen Drive Upper Brookglen Drive Greenbrook Court Lynbrook Court Brookview Drive 12509 Palmtag Drive 12249 Brookglen Drive 18950 Lynbrook Court BROOKVIEW SECOND STORIES REMODELS 0 1 5 1 0 0 0 3 1 0 0 1 4 ORIGINAL SECOND -STORIES BASEMENTS 12471 Woodside Drive 12522 Palmtag Drive -1- PROSPECT ROAD '~ 1 ,~. ~, Z '~ 6~ 18941 213 v- 2150 ~ ~' 18~ 1: o ~ '~ 8940 Z 12164 r 9 ,~ W 9 7 S ' 12178 ` 1894Q O 12192 ~°j ~ C}; m 18991. P 0 ~~ 8950 ` ~!'O ~~ _ J~ ~ x$91, 1 T a 18~ 0 ao ~ a°o 18970 , W ~ W N r a - ~ N N .~ ~ r 1 ~ ~2~`S~ 12398 /. _ 12412 ~ ~ 12426 2495 6~ 12440 ~Z ~ti 12454 12468 r'sr ~ ~ `~ `~ 12482 s 12496 ~ ti~~ 12510 ~ 12524 1' 12538 12541 2552 12553 19361 2565 BROOKVIEW DRIVE ~ ~ r r9rr 1so 1 ~- ~8s r23~8 ,`~ `2413 0~` X20,, r, _ ~ CO ~ ~e ~ A6S J~ ~2 ~s 72 ~ 1 ti~ Q~t/ ~4s? '`~ ~ 12 ~~p 72~ ASS e ~~ 24 j~ 2S~r ,~Q-~2 ~o ~2 s9 ~? y?mss ?S ~v`s2 4~ ,2~ ~~r ~~.. 9~ 8 ~ r r~9 r r2sr~ ? ~ '2S°S ~Q '2sr 25r4 2525 `22 ~?S>> _ '? 86' r2~ 8 123 124 r25~ r? Sr? 2542 12543 -~ 1= '556 12555 2558 25x3 185 19175 191611 3 2 .0 12564 ~~~ ~ ~~i ~- _ q 1 1 ' 12370 ~ 4 r i I ~, a ~ ~~- 12386 r24pp ~. » d S'f'o r r?4 ~~ Ret-,,, ode ~ ~. rq r?4?9 ~} + .ZSS u ~ ~ ~ ~9~08' ?moo Brao~Cui'et~-~~.i ~ ~/moo®/ ~~ .~ Note A: Country Squire Court, Note B: Country Squire Way BROOKVIEW HOUSE NUMBERS Attachment 17 ~~~~~~ a. ~ n C~~. .~ Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Dear City Council Members, July 11, 2001 I am writing to inform you that your July 18th meeting agenda has an important topic that deserves your attention. It concerns an appeal to the conditional approval of a second story addition to the house directly across from mine. (ref: DR-01-005 (386-06-017) 19208 Brookview Dr. -Palumbo). The Planning Commission approved this second story addition over the objection of three immediate neighbors. I would like to voice my concern as well and hope you will seriously consider the appeal that has been filed to overturn this decision. I sympathize with my neighbors and their concern over loss of privacy. It seems obvious that any raised deck or balcony that doesn't face the street would be an imposition. I am also concerned about the change to the character of my neighborhood. Most of the neighborhood is still single story homes. I prefer that Brookview remain as originally designed, single story ranch style homes. Most homeowners have found ways to remodel without impacting their neighbors or degrading the neighborhood's character and charm. I feel this should be a requirement. It is time to enforce remodeling standards to preserve the neighborhood's identity. Thank you for your consideration. Res ectfully, i John Bonn -' 19209 Brookview Drive Saratoga, Ca. Attachment 18 July 11, 2001 City Council City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Bill and Tina Gross 12508 Woodside Court Saratoga CA 95070 (408) 865 0655 ~~~ Re: DR-01-005 (386.06.017) Request for second story addition to 19208 Brookview Drive Attachment: June 11, 2001 Itr to Planning Department Re: Palumbo, 19208 Brookview Drive Dear Council members: We reside at 12508 Woodside Court and are one of the neighbors who opposed the above referenced addition when it was up for hearing at the June 11 Planning Commission meeting. A copy of our letter to the Planning Commission is attached hereto. We were extremely frustrated and disappointed when the Planning Commission approved the second story addition over the objections of our neighbors and ourselves. We believe that, at a minimum, a continuance would have been the appropriate course of action. This would have perhaps motivated the Palumbo's to cooperate with their neighbors. At any rate, we remain opposed to a second story addition. We are concerned with neighborhood preservation-both in terms of privacy and neighborhood character. With eight homes abutting our backyard, we might find ourselves living in a fishbowl if second-story expansions continue to be approved in our neighborhood. We bought in a cul-de-sac in a neighborhood of predominantly single-story homes because we value our privacy. We fear that your approval of this second-story would signal a trend toward diminishing privacy in Brookview. Further, the charm of the Brookview neighborhood lies in its composition of single-story ranch-style homes. The neighborhood is private and tranquil. We urge the council to consider neighborhood privacy and preservation when deciding on this matter. Please feel free to call us if you'd like to discuss this matter prior to the July 18 hearing. Thank you for your consideration. Sincerely, i ~ ~~_ Bill and Tm Gross Saratoga City Council 13 777 Fruitvale Ave. Saratoga; CA a i 1 '~ ~~ Attachment 19 July 11, 2001 ~~~~~ Judith and Eric Escola 19224 Brookview Dr Saratoga, CA Subject: Appeal of DR-O1-005 (386-06-017) 19208 Brookview Drive Dear Saratoga City Council Members, My wife Judi and I are writing to ask you to consider and overturn a decision made by the Planning Commission. To this end, we have filed an appeal of the June 13~' conditional approval of a second story addition at the adjoining property to our home (reference DR- 01-005 (386-06-017) 19208 Brookview Drive -Palumbo). Our appeal is scheduled for review at your July 18'~ City Council meeting. We would like to summarize our privacy issues and why the terms of the conditional approval fall short of meeting our needs as well as describe our Neighborhood's united position against further second story additions in Brookview. At the June 13th meeting, we expressed our concerns over loss of privacy. We feel the views into our Family room, side yard, and backyard are intrusive. Our home and the Palumbo's home are twenty (20) feet apart, too close together to accommodate the increased height, second story windows, deck, and rear glass area in the Palumbo's addition. We feel the Palumbos have no right to impact our privacy or change the feel or enjoyment of our home in their quest for additional living space. It is incumbent on the Palumbos to fit into the neighborhood, not the neighborhood to fit the Palumbos. However, three (3) immediate neighbors were not enough to convince the Planning Commission of this. The Planning Commission's conditional approval asked for a reduction in the size of the balcony or its elimination. Its original dimension was 16 x 8 feet! The Palumbos reduced it to 11 x 5.5 feet, but told us at a neighbor review meeting on the July 3rd, that it had to remain in order to have a view of the mountains. Brookview is a long way from the mountains and our site map drawing indicates the field of view is less than 10 degrees through power lines across our backyard. This limited view can be eliminated by a change in foliage or a second story addition on Titus Ave. It is not rational to expect the neighbors to give up their privacy for the desire to have what amounts to a trivial view. In their Conditional Approval, the Planning Commission directed the Applicants to provide additional screening landscaping to provide year round screening to help abate privacy issues of the Neighbors. It is ironic that the Palumbos and we have removed trees and large scrubs along our common fence to achieve a more open feeling. The Palumbos removed a pomegranate tree and a large persimmon and we removed a row of tall scrubs. Any new trees installed for "screening" would mitigate the open feeling that we have strived for. Additionally, any new trees will require years to grow to be effective to block views of a second story. The Palumbos house is set back only ten feet from our fence, little room to provide a screen of some sixteen feet high required to block their view of our yards. Evergreens are messy and our mature grape vines located along the fence will die due to the acidic needles and reduced sunlight. Foliage screening is a poor solution for privacy issues as Policy Guideline # 3 states. Further more, the Palumbos baffle us. They were concerned enough with their own privacy that they felt it necessary to add an 18" high extension to the top of our 6 ft. fence that separates our properties so as to limit our Utility room view into the top of their Kitchen window. How can the Palumbos be so concerned about their privacy yet not care about others? We have attached four pictures illustrating the impact of a second story from our perspective. With regards to Neighborhood preference, we made a concerted and fair effort to assess our neighborhood's preferences to limit houses to single story. In our appeal, we provide the statistics of our petition noting those in favor, against, of no opinion, and not able to be reached. Frankly, the support to maintain the neighborhood as single story was amazing. The majority of residents contacted are genuinely concerned about the changes happening to the neighborhood. The Council members may have received letters and e- mails from Brookview residents in this regard. Many indicated they would take the time to write. Compiling the preferences of the neighborhood was a monumental task. I hope it makes the same impact on you as it did on us as we heard the horror stories and frustrations over past second stories built in the neighborhood and the desire to maintain the rest of the neighborhood as single story. With only 5.5% of Brookview two story, now is the time to stop second story creep and preserve our neighborhoods charm and privacy for all. Thank you for your time and consideration. Respectfully, Jud/ith and Eric Escola, Matthew and Gregory 19224 Brookview Drive Saratoga, CA 255-5971 E-mail: e. escola@att. net Picture # 1-View of approved second story site from across Escola's backyard I Picture #2 -View of approved second story site from center of backyard Picture #3- View of approved second story_ site from Utility Room and Side lard a Picture #4 -View of approved second story site from Family Room /~ V--I Ni FrM ~I--1 $--1 ~/ 3` . ,..1 r7 O O °~ O ~ 't ~ /` l . ,,"'.1 4 L/~ ~ i c W~ S ~~~1I i~~~111 ~I U ~, ~~ N N c v 3 ~ a~ ; /~ V O ~> t , t I~ ~ C .~ D ~~ \\ 0. ~ \ r ° 1 ~ ^ ,, ^ ~1./ 7 v :~ U b ~ ~ C ~' 3 v / ~ r~ ~ ~ N ~ N ~I ~ ° n , a ~ , y U i~ .~ 'r 3 a~ .~ x 0 0 M~y,~ ~~ W CC$ ~ O N U N ~ ~ (~ ~--~ \ \ s a F- 651 V N (7 ~ 0 W 7 V '~ '~ F.. C N U Ode G O I o O ~"' DD C ~ ~ I 1 1 1 1 •\ 1 1 \\ 1 \\ I ^ =1 ` h p \, \ . \\ C y l H ~ ~ ~ \ \\ \\ 1 ~ \ \ ~ C G ~ ~ \ \ i ~!i ~ ti ~ 'O \ \\\ \\ I . f i . , ` \ ! ff / h ~ ~\ \ \ \\ \ ~ I L, Y ~~~ U O 7 ~ ~ \ \ \\ Y Y 'O \\ \ mp~~ \ \ \\ ~ ` ;\ ~\ T ~ • \• F ~ .~ a ~ ~ ~ ~ o N . ~ ~ ~ CC G m / 1 / , / 1 t 1 a O 3 ,/ m a.~ -~ i o / 1 1 U y ~ / / -p ~ ~ 1 ~ O 7 y i..l / ; O C / 1 bq p ~ ~ i 1 3 ~ ~, ~ O .' 1 ~ k. .-..1 N , i y ~ ~ ~ ~ ~ 1 1 '17 4p. ~ ~ / / 1 r 0 n U • X C i 1 ~ // 1 / rYii ~ / / N 1 O / / ~ / ~ Q 1 O / / O C 1 ~. 1 ~ r., °~ U Subj: DR-01-005 (386-06-01 7) 19208 Brookview Drive Attachment 20 Palumbo Date: MONJuIy 102001 10:32:12 AM From: To: evansbaker@aol.com, sbogosian@aol.com, mehaf@gedanke>~.com, nstreit@cpa-online.com, waltonsmith@home.com, planning@saratoga.ca.us We are in support of the petition of our three neighbors, who are performing a community service by protecting the character of the Brookview neighborhood. William and Shirley Blake 12073 Country Squire Lane Saratoga, California 95070 V C .C, ~ l 07/11/01 America Online : Shybill2 Page 1 July 11, 2001 Saratoga City Council Saratoga, CA 95070 Dear Council Members; ~u~ i~oo, .___ Attachment 21 We are writing this letter to ask that our issues be addressed and our appeal be granted. We submitted a letter to the Saratoga Planning Commission with our concerns and obj',ections regarding our neighbor's intentions of adding a second story to their home. Our neighbor's are Mike and Lisa Palumbo on 19208 Brookview Dr. (DR-01-005). We are the neighbors directly behind their property and our home would have the greatest impact from this proposed addition. We attended the Public Hearing on June 13, 2001 and spoke along with two other neighbors voicing similar concerns of loss of privacy. The proposed addition passed with vague conditions. We were very surprised that it would pass with direct neighbors that there opposing it, we felt that the design should of come back to the Planning Commision with revisions made and then be voted on. Several members made comments questioning the need for a balcony, but Lisa Kurasch seemed to be the only member who was sensitive to our concerns. Commisioner Barry, asked several times for a motion and when no one responded with one she made it herself. We do not understand the haste in which this matter was decided. Our only option at this point was to appeal the Planning Commissions decision. We had a mediation meeting after plan revisions had been submitted with Mike Palumbo, Cynthia Elkhorn Project Designer, Tom Sullivan, and Allison Knapp Planner, along with neighbors the Gross's, The Escola's, and the Karren's. We didn't feel that the revisions made were enough to make any difference, they were stiN proposing an eleven and a half foot deck and balcony along the back of the second story addition. Our objections to the proposed second story addition remain strong. We do not want another second story home behind us. We already have one that sits behind our main bedrooms. The Palumbo's second story would look directly over our existing kitchen, family room, a bedroom, and our backyard courtyard. The Palumbo's keep bringing up that we got a variance when we did our addition to our home. Our variance was for 19 square feet of space to our kitchen which did -not bring our back kitchen wall any closer to -the back fence between us and the Palumbo's. Their comments are misleading and we feel they are attempting to divert the attention from the real issue of loss of privacy that would occur to the neighbors if they are allowed to add a second story. The suggestions of adding a trellis to the back deck for privacy would not afford us any more privacy, it would only add to the bulk of the deck. Cynthia Elkhorn the Project Designer has made the comment that the deck is "tucked away" in the trees. According to the City of Saratoga Residential Design Handbook trees can not be used as a design solution for privacy. Currently the trees between the Palumbo's and our home are in full leaf. As we have stated before there are all deciduous trees and will lose their leaves. Trees are living transitory things they could easily become damaged during a home remodel and die. We agree that the height of the proposed house is not substantial. But it is still a two story and will be above us affording a direct view into our yard and home robbing us of our privacy. What appealed to us when we bought our home was its private location in the back of a court. There are no two story additions in the 10 homes on Woodside Court and few in the Brookview neighborhood. It is a neighborhood of predominately single story homes. We are just finishing a remodel and addition to our home, we added about 600 square feet. We chose to add onto the existing property without going up. We felt it was a better option for maintaining ours and the neighbor's privacy to keep to a one story addition. We have heard alot about what the Palumbo's wish to do, their wants are not the only ones to be considered. We want to maintain our privacy, and protect our investment in our home. And we feel from our efforts gaining signatures in the neighborhood that the majority of Brookview Homeowners feel the same. Please consider how you would feel if the neighbor directly behind you wanted to put a second story addition on that would look right into your home and yard. These are small lots and that must be taken into account. We understand the Palumbo's wish to have more space in their home and suggest they add onto their home keeping it a one story. We do not want the enjoyment of our home compromised by a second story addition looking directly down on us. Thank you for your consideration in this matter. Please feel free to contact us with any concerns or questions.- Sincerely, Glenn and Melanie Karren Glenn and Melanie Karren 12515 Woodside Ct. Saratoga, CA 95070 ~ ~._._ Hm.# {408) 257-3306 '~'~ ' C ~1L ~ ~ 20Q1 City Council 11 July 2001 City of Saratoga Subject: DR-O1-005 (386-06-017), Palumbo, 19208 Brookview Drive Dear Council Members, This letter is to provide information to substantiate the items listed in our letter of June 20~', 2001 in support of an appeal to the Planning Commission's June 13a' approval of a second-story addition DR-O1-005 (386-06-017) -Palumbo, 19208 Brookview Drive. We believe that the Planning Commission's Conditional Approval should be reversed for the following reasons: 1. The Applicant's design fails to address the privacy concerns that the immediate neighbors defined in letters and statements presented at the Planning Commission meeting on June 13th. As part of the standard review process, the Escola's, Karren's, and Gross's submitted Issue Letters and attended the Planning Commission meeting on 13a' June, 2001. These letters are included as Attachments A, B, and C. The statements, as recorded in the meeting minutes, by same are included as Attachment D. In Summary, the Escola's expressed concerns with loss of privacy due to the Applicant's proposed addition of a second story and the included windows on the West side of the second story and both deck area and glass areas located on the South side of same. These items provide direct viewing into the Escola's side and back yards as well as into their Family Room and Utility Room located along their East wall. All of their backyard is visible. Since the meeting, the Escola's have become opposed to any second story addition because of the privacy issues, the overall impact associated with living next to a two story home, and in support of the majority of the neighborhood. The Karren's expressed concern over loss of privacy in their entire backyard and views into their main living spaces afforded by the proposed deck area and glass areas. They noted that vegetation currently planted and relied upon by the Applicant's Designer is deciduous and is ineffective during the Fall and Winter seasons due to loss of foliage. In addition, the Karren's expressed concern over the change in the Applicant's proposed roof line and the resulting impact to the skyline. The Gross's expressed concern over the precedent set by another second story addition to Brookview Drive and the impact the continuation of this trend will have when their immediate neighbors elect to remodel in a similar fashion. Additionally, the Gross's expressed concern over the change in the neighborhood from the original one story ranch style homes that are still the vast majority of the neighborhood (>94%). DR-0i-0OS (386-06-017) 1 Escola/Karren/Gross Attachment E is a site map illustrating the views from the Applicant's second story into the neighbor's yards and living spaces. It clearly illustrates the impact of the second story on the Escolas and also the Karrens, especially during Fall and Winter. As can be seen, the homes are too close together to plant effective evergreen trees as a privacy screen without blocking the skyline significantly. 2. The proposed design fails to address the privacy issues originally identified by the Contract Project Planner in her letter of March 20~' of this year. The Contract Project Planner, Allison Knapp, was well aware of the impacts to~ the neighbors privacy in a predominantly single story neighborhood, yet recommended approval at the June 13~' meeting without any modifications to address privacy issues for the neighbors. It is our understanding after asking Ms. Knapp about changes, that the only changes were to the deck which was modified to include a latticework privacy screen over the deck to improve privacy for the Applicants, not the neighbors. Refer to Attachment F for details of the March 20 findings by the Project Planner. 3. The Commission failed to follow the City's Residential Design Handbook with respect to privacy concerns related to small lot sizes. The June 13a' decision is contrary to Planning Commission Policy #3. Policy #3 states that "(r)esidential privacy is a key ingredient in the quality of life in Saratoga...Particular attention should be given to privacy concerns on ... small... lots." The Applicant's approved second-story addition is in direct line-of--sight from the living areas and backyard of 12515 Woodside Court. The loss of privacy to the Woodside Court residents (the Karrens) is enormous. Not incidentally, the Karrens are in the final stages of single-story addition and remodel. Although they would have been able to add more square feet with asecond-story addition, they elected to stay on the ground floor so as to maintain harmony with their neighbors. Also in direct line-of--sight are the homeowners at 19224 Brookview Drive (the Escolas). The proposed windows on the West and South side of the second story and deck and glass areas provide intrusive views into their Utility and Family rooms, and their side and back yards. Virtually their entire backyard will be visible. Interestingly enough, the Applicants were concerned enough with their own privacy that they felt it necessary to add a 18" high extension to the top of the 6 ft. fence that separates their property from the Escolas so as to limit a Utility room view into the top of their Kitchen window. The Applicants clearly have no such concern for the neighbors whose privacy they propose to impinge upon in a much more dramatic way. DR-01-0OS (386-06-017) 2 Escola/Karren/Gross All of the current trees between the Applicants and the Escolas and Karrens are deciduous. They consist of a large Mulberry, a large Birch, a Japanese Maple, and one other unknown variety in their lot corner. If the Designer's pictures shown at the June 13~' meeting were retaken in the Fall or Winter, the privacy issues to the Karrens would be obvious to all. The Conditional Approval listed that evergreen foliage would be used to provide an effective year round screen. The Applicant's ten (10) foot setback from the side of their property makes this a significant challenge to provide privacy to the Escolas. In addition, to block the views into the Escola's and Karren's backyard will require extensive plantings that will impact the skyline. The foliage on the Escola's side must be fairly tall, due to their close proximity to the second story, and this would take considerable time to grow before becoming effective. It is clear that in this case, and for a variety of reasons, vegetation is a poor solution to solve privacy issues and that that Planning Commission Policy #3 is directly applicable. Why was Policy #3 ignored even though it was surfaced by Commission Kurasch at the June 13d` meeting as a violation of their guidelines? Design Guideline Policy #3 excerpts are provided as Attachment G for reference 4. The Commission failed to follow the precedent they set when not approving second story requests on two other Brookview neighborhood properties. Indeed, a further review of additional remodels provides a clear picture of the Planning Commissions previous support of neighbors and neighborhoods. Since its development in the late 1950's/early 1960's, Brookview has had 17 second story additions added to existing single story homes. This represents 5% of the neighborhood. Brookview is still 95% single story. A review of Planning Commission meeting minutes and project folders indicates a common process is used to make second story approval decisions. In cases where neighbors are concerned over privacy or are against the change to the neighborhood, second stories were not approved. When there was no objection, second stories were approved. A review of past meetings minutes found that the Commissioners are willing to let the neighbors and neighborhood decide whether to accept a 2nd story. In reviewing past cases, it is also clear that City Planners and the Commissioners have been concerned over changes to an existing neighborhood's appearance as demonstrated by their comments on height increases and building materials selection. Table A lists recent second story request and summarizes the results from a review of planning commission meeting mimes and project folders. It is less than complete but represents all findings from a 4 hour search of project folders and microfiche as guided by a review of neighborhood maps. DR-01-0OS (386-06-01'~ 3 Escola/Karren/Gross Table A - Recent Brookview Second Story Requests and Decisions Date Neighborhood Neighbor Commission Commission Comments Number of Review Addn~ss Concerns? Decision cles 1994 12308 Titus Initially Approved Predominantly 1 story 3 neighborhood, too boxy 311998 12491 Yes Not 2^~ story bedroom & balcony 3 Woodside a roved intrusive 1997 19225 No Approved Side window issues, 1 Brookview stucco & file uncharacteristic of neighborhood 1998 19145 No Approved Should try to remodel as 1 1 Brookview sto , no file roof 2000 12437 Yes Not File missing 0 Woodside proved 1994 12264 Yes Withdrew 0 Titus 6113/01 19208 Yes Conditional Reduce or eliminate 1 Brookview Approval balcony, reduce windows at rear, Applicants provide screening landsca ing It is clear that the Conditional Approval of 19208 Brookview is an anomaly. The approval of the 19208 Brookview second story over the objections of three immediate neighbors was inappropriate and contrary to the decision process used in the past. The contrast is so marked that many in the neighborhood have been dumbfounded over this change in process, especially when the Planning Commission was so concerned over their remodels in the past, even though they were single story. We believe the basic approach employed in the past by the Planning Commission is sound due to its emphasis on neighborhood impact and response from nearby neighbors. 5. The Commission's approval fails to recognize the impact that second story additions will make to the character of the Brookview neighborhood as originally designed. To determine neighborhood preferences, a petition was created and presented to the Residents. The signatories to Attachment H of this letter are all of the view that the Brookview subdivision remain comprised of single-story, ranch style homes. The signatories value the privacy that this affords and enjoy the feel of the neighborhood as originally designed. One hundred and sixty eight (168) residents signed the petition. We counted a total of thirty (30) "against" (17 second story properties and 13 who said they were against limiting the neighborhood to single story). This indicates that 85% of DR-01-0OS (386-06-017) 4 Escola/Karren/Gross Planning Commission 19 May 2001 City of Saratoga Subject: DR-O1-005 (386-06-017) Request for second story addition to 19208 Brookview Drive Statement of Judi and Eric Escola: As the Homeowners of the adjacent property at 19224 Brookview, we have issues with the current construction plans bf the Palumbo's at 19208. Although we think the planned "craftman's style" architecture is nice, we are concerned about privacy. The two windows planned for the west side of the second story provide a view directly into our Family Room and Utility Room. Our side yard would also be completely visible. The planned balcony on the second story facing the reaz yard would also provide a lateral view into our Family Room. The result is a loss of privacy in the main living areas of our home. The planned balcony and glass areas also provide a direct view into most all of our backyard. This is of great concern to us as we use the backyard extensively and currently enjoy the same privacy as do all adjoining neighbors including the Palumbos. It is also important to us that the final design fit the neighborhood. The choice of a roofing material and chimney design or surface treatment that fits into the neighborhood is important to us since this will be a primary view from our house. We have no issue with the current plan in this regard as we understand it. We aze also concerned that if the Palumbo's alter their plans to maintain our privacy, a future homeowner might add these features at a later date. Is there a way to eliminate this future possibility by defining a permanent limitation? In closing, we feel the loss of privacy that results from -the current plan will greatly impact the enjoyment of our home and backyard. Respectfully, -y ~~~ ` ,_ 7'Ir . udith and Eric Escola 19224 Brookview Drive Saratoga, Ca. (408) 255-5971 June 11, 2001 To: Saratoga Planning Division om: Glenn and Melanie Karren 12515 Woodside Ct. Saratoga, CA We are writing this letter to express our concerns regarding our neighbor's intentions of adding a second story to their home. Our neighbor's are Mike and Lisa Palumbo on 19208 Brookview Dr. (DR-01-005). We are the neighbors directly behind their property and our home would have the greatest impact from this proposed addition. What appealed to us when we bought our home was its private location in the back of a court. There are no two story additions in the 10 homes on Woodside Court. We are just finishing a remodel and addition to our home, we added about 600 square feet. We chose to add onto the existing property without going up. We weren't able to get as much square footage as we would like to have but felt it was a better option for maintaing ours and the neighbor's privacy. We already have a home with a two story addition behind our two back bedrooms and part of our kitchen. The Palumbo's proposed addition would took directly into our home's living spaces both inside and aut; over a courtyard ,bedroom, family room and kitchen. You are able to see the alumbo's house and proposed window sites from every room with a window on the back of our home. We strongly object to a second story sliding glass door and balcony overlooking our property. We talked to the Palumbo's about the balcony and was told they want a view. We want to be able to look out the windows of our home and see the sky not a two story building directly behind us. The trees which would block some of the view between us are all deciduous trees. During the summer months they would offer some amount of cover but they loose all their leaves and became bare leaving no privacy. We understand the Palumbo's wish to have more space in their home and suggest they add onto their home keeping it a one story. We do not want the enjoyment of our home compromised by a second story addition looking directly down on us. We did not buy our home in a neighborhood of two story homes, and we don't wish it to become one. Thank you for your consideration in this matter. You may contact us with any concerns or questions. Sincerely, Glenn and Melanie,,K/~a~rren `j `'~7 U~s~-~n.t~ ~~Zrlll~ Bill and Tina Gross 12508 Woodside Court Saratoga CA 95070 (408) 865 0655 June 11, 2001 Planning Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Palumbo, 19208 Brookview Drive Dear Commissioners: We reside at 12508 Woodside Court. Our home is in the base of a cul-de-sac, which partially backs up to Brookview Drive. We purchased this particular home in large part for the privacy and lack of traffic that a cul-de-sac affords and for the large backyard that would allow for single-story expansion. Eight homes abut our property. There are no two-story homes in Woodside Court and very few in all of Brookview. While the property at issue does not directly abut ours, we can see their roof from our kitchen table. A second story addition would considerably interfere with our view. Whether or not the plans at issue include windows from which the residents could view our home or our yard, we have no desire to look out of our windows upon a second story. Further, we are concerned about the precedent that approving a second story in this instance would set. We would be greatly troubled if the domino principle were to take effect. If the homes directly behind ours were to propose second stories, we would protest vigorously. Approving second story additions in Brookview would negatively change the feel of the neighborhood. Thank you for your consideration. Sincerely, Bill and Tina Gross MINUTES SARATOGA PLANNING COMMISSION ~• G u~ DATE: Wednesday, June 13, 2001 ~J~~ PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Barry called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Commissioners Barry, Garakani, Jackman, Kurasch and Zutshi Absent: Commissioner Roupe Staff: Director Tom Sullivan, Senior Planner Bob Schubert and Planner Allison Knapp APPROVAL OF MINUTES -Regular Meeting of May 9, 2001. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Jackman, the Regular Planning Commission minutes of May 9, 2001, were approved with the following amendment to Page 18 -Commissioner Kurasch ... Said that she is not comfortable supporting this request of increasing buildable lots to two when one now exists. (5-0-1; Commissioner Roupe was absent.) ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 8, 2001. TECHNICAL CORRECTIONS TO PACKET Director Tom Sullivan, provided a minor technical correction to the packet. CONSENT CALENDAR Commissioner Jackman asked that the Consent Calendar item be pulled from Consent and that staff provide a report. DR-00-062 (397-28-013) - PICO RANCH, INC., 20460 Williams Road: Request for Design Review approval to demolish an existing 1,275 square foot single-family residence and construct a new 4,057 square foot two-story residence. Maximum height of the structure will be 23 feet. The 7,671 square foot parcel is located in the R-1-10,000 zoning district. (CONTINUED FROM 4/25/01) Saratoga Planning Commission Minutes of June 13, 2001 Page 4 Commissioner Garakani asked whether these eight temporary units provide enough space to adequately serve as the temporary Library. Ms. Marsha Manzo, Chair of the Library Expansion Committee, advised that they are working with teachers and the schools. Agreed that during this construction period, the Library will not be able to be the sole after-school facility, as they simply will not have the room. Added that they are already overcrowded in the regular Library and often one sees children sitting on overturned trashcans. Said for 18 months, the space they have available will be small but afterwards they will have a wonderful new Library for the Community. Chair Barry closed the Public Hearing for Agenda Item No. 1 at 7:50 p.m. Commissioner Kurasch reiterated the need for safety and directional signs on site. Director Tom Sullivan agreed that this signage is appropriate and necessary. Added that many community groups that typically utilize the Library for meetings must find alternate sites for their meetings during this construction period. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Zutshi, the Commission approved TUP-Ol-002 to allow the temporary relocation of the Saratoga Community Library into eight temporary buildings on Sacred Heart Church and School property at 13724 Saratoga Avenue during the renovation and expansion of the City's existing Library at 13650 Saratoga Avenue, with the added condition that adequate directional and safety signs be posted on site. (5-0-1; Commissioner Roupe was absent) Chair Barry advised that this approval is final in 15 days, following the appeal period. *** PUBLIC HEARING -ITEM N0.2 DR-O1-005 (386-06-017) - PALUMBO, 19208 Brookview Drive: Request for Design Review approval to construct a 65 square foot addition to the ground floor of the existing single-story home and construct a 636 square foot second-story addition. Total addition would be 701 square feet for a 3,049 square foot home. The maximum height of the residence will be 21 feet, 2 inches. The property is 9,376 square feet and is located within an R-1-10,000 zoning district. Ms. Allison Knapp, Planner, presented the staff report as follows: • Advised that the applicants are seeking approval to add a second story to an existing single-story residence, including a second story deck. • Said that 636 square feet will be added to the second floor to create a master suite and 65 squar~-}~,v feet will be added to the ground floor. Minimal windows will be used on the second story, one on the right elevation, one on the left and one door leading to the second story deck area. It is believed that any privacy issues resu ing from the deck can be mitigated with the use of trellis. • Informed that a letter in opposition as been received from a resident on Woodside Court. p~~ w- ~ ~~.ac. oi- Q~Ic,~e~.~ Dr~~~e, Saratoga Planning Commission Minutes of June 13, 2001 Page 5 • Advised that the properties on Woodside Court were granted a Variance that sets their homes back just 16 feet from the rear property line rather than the typical 25 foot requirement without issuance of a Variance. • Added that other neighbors have provided a letter of support. • Concerns have been raised about the potential for future change out of the approved windows that will increase privacy impacts. The requirement to retain these windows can be strengthened within the Conditions of Approval to mitigate that concern. • Staff is recommending approval of this request with the use of screening trellis for the deck feature. Chair Barry opened the Public Hearing for Agenda Item No. 2 at 8:05 p.m. Ms. Cynthia Eikhorn, Project Designer: • Distributed a board with photographs taken from the roof of the subject property, offering a panoramic view of what is visible of the adjacent properties from this residence. • Said that the photos clearly demonstrate that views of other homes, yards and windows are limited. • Advised that the home has been designed so as not to inflict privacy issues on the neighbors but rather to focus views on its own backyard. • Added that the second story windows and door to the balcony are necessary features to provide light, air and egress from that part of the home. Commissioner Kurasch asked for clarification about the ingress/egress requirements. Ms. Cynthia Eikhorn advised that the door to the deck provides a necessary egress option. The other windows on the second floor are too high and too small to serve as a means of egress. Commissioner Kurasch expressed concern for privacy impacts from this balcony. Ms. Tina Gross, 12508 Woodside Court, Saratoga: • Said that this project site does not abut their own home but is visible from their home. • Advised that she and her husband bought into asingle-story neighborhood. Since approximately eight homes abut their home, the potential is there for a number of second-story additions that could greatly impact their privacy and could greatly reduce their ability to enjoy use of their huge backyard in privacy. • Said that while she does not share a fence with this subject property, she also does not want to look up at a second story. • Expressed fears about a domino effect, with the potential for numerous second story additions in the future. • Said that she has two giant sycamore trees in her yard to help with screening. Commissioner Kurasch asked Ms. Gross how many two story homes she can see from her home. Ms. Tina Gross replied that there are two visible from her home. One is located kitty corner from her home. The other is visible from her rear yard. However, on her street, Woodside Court, there are no two-story homes. Ms. Melanie Karren, 12515 Woodwide Court, Saratoga: Saratoga Planning Commission Minutes of June 13, 2001 Page 6 o Advised that she had submitted a letter to the Commission expressing her concern for a loss in privacy with this second-story addition. o Said that her home is located directly behind this site. o Advised that they have just completed asingle-story addition to their home and this second-story addition will overlook a great part of their home and yard. v Said that a Landscape Architect she consulted with has advised that the trees existing on the subject property will lose leaves and during that time screening by these trees will be limited. o Said that she has a Variance on her property for two and a half feet into the side yard setback, which was approved because it was an existing structure. o Added that atwo-story was constructed in a house located behind their bedroom. At the time, they did not object to that project. Said that they have looked at the plans, find them to be of a nice design but want to protect their investment and privacy. Mr. Eric Escola, 19224 Brookview Drive, Saratoga: o Said that his home is situated to the right of this project and he has lived there for 10 years. o Said that he installed double paned windows to mitigate the noise from Highway 85. o Advised that he likes the privacy offered by single-story homes with six-foot fences and mature landscaping. These features drew him to purchase in this neighborhood. o Said that his main issue is privacy. Two proposed windows for this addition will face his house. Said that the designer has assured him that access to these windows from the home will be limited since there are built in bookcases that are two feet deep. o Distributed photos taken from his residence. One showing the view from his family room and the other taken from his backyard looking toward the roofline of the Palumbo home. o Expressed concern with the potential for modifying any required mitigation measures by future owners. o Asked that a Condition of Approval ensure that these measures remain in effect. o Clarified that he signed a letter showing that he had reviewed the plans for this remodel but that his signature does not reflect support for the proposal. Ms. Cynthia Eikhorn, Project Designer, encouraged the neighbors to review her panoramic photos. Said that her clients are willing to add evergreen landscaping to help screen this site from adjacent neighbors. Assured that they are being sensitive in their design to the architecture and to the neighbors. Commissioner Zutshi asked about the relationship between the need for the balcony and desire for a view. Ms. Cynthia Eikhorn advised that having a balcony allows the feeling of being up in the treescape. There is a sense of the mountains just being there. The balcony is just a nice feature to have. Chair Barry closed the Public Hearing for Agenda Item No. 2 at 8:18 p.m. Commissioner Zutshi said that the balcony is a big issue with the neighbors and wondered if it was really a necessary feature. Commissioner Kurasch: Saratoga Planning Commission Minutes of June 13, 2001 Page 7 • Said that she appreciates the efforts to be sensitive in designing this project. • Said that it was a disadvantage not having a plot plan to see this house in relation to the property. Without, it is hard to see if there are alternatives and/or other options. • Said that is appears there are adverse impacts on neighbors. • Stated that the 21-foot height is not unreasonable even for asingle-story home let alone atwo- story. • Said that it is bad practice to rely on vegetation to deal with~design issues. • Expressed her reticence to approve asecond-story addition in a predominately single-story neighborhood. _ Commissioner Jackman said that this is a tastefully done addition. Agreed that 21 feet is not that high for atwo-story residence. Asked if it is possible to place the balcony toward the front of the house. Chair Barry said that it appears the Commission is leaning toward moving the balcony to the front elevation, strengthening the Conditions of Approval regarding the retention of the approved windows and requiring additional screening landscaping. Asked Ms. Eikhorn if her clients are willing to consider these requirements. Ms. Cynthia Eikhorn replied that she believed so. Said that they prefer the front elevation has they have proposed. Said that either an alternative balcony design at the rear elevation or a change to windows instead of a balcony could be considered. Chair Barry reopened the Public Hearing for Agenda Item No. 2 at 8:26 p.m. Mr. Mike Palumbo stated that he would support either a reduction in the size of the balcony or go to the use of windows instead. These options are preferred rather than moving the balcony to the front of the house. Chair Barry pointed out that the Commission wants to ensure that the approved windows are retained in the future, that the deck be screened with a trellis feature, that additional evergreen landscape screening be added and that opaque glass in the bathroom window be used. Mr. Mark Palumbo said these requirements are fine with him. Chair Barry reclosed the Public Hearing for Agenda Item No. 2 at 8:27 p.m. Chair Barry reopened the Public Hearing for Agenda Item No. 2 at 8:28 p.m. Mr. Eric Escola, 19224 Brookview Drive, Saratoga: • Asked for clarification as to whether the balcony stands to be redesigned or relocated to the front of the home. Director Tom Sullivan advised Mr. Escola that right now the Commission is discussing its options. The ultimate proposal will be made clear when a motion is proposed. Commissioner Kurasch suggested that perhaps the redesigned project should come back to the Commission for a second look. Saratoga Planning Commission Minutes of June 13, 2001 Page 8 Chair Barry said that she would prefer to have specific Conditions of Approval prepared so that this project can go ,forward. Added that the Commission is very sensitive to the neighborhood compatibility issues. Said that the Commission hears of the privacy impact issues from the rear neighbors and that additional landscaping is a reasonable option. Commissioner Garakani stated that since the bedroom is used for sleeping, the privacy impacts should be minimal. Commissioner Kurasch disagreed, stating that the room can be used as a sitting room or for some other purpose other than as a bedroom. Said that the desire for a view is the clear reason for the inclusion of a balcony feature. Added that use of windows instead of a balcony might be a better option. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Garakani, the Planning Commission approved DR-O1-005 to allow a 701 square foot addition to a residence on property located at 19208 Brookview Drive with the added Conditions of Approval: 1. That the window provision be strengthened within the Conditions of Approval; 2. That the balcony either be reduced in size or eliminated; 3. That the windows at the rear be reduced; and ' 4. That the applicants provide additional screening landscaping to provide year- round screening. (4-1-1; Commissioner Kurasch voted against and Commissioner Roupe was absent) Chair Barry advised that there is a 15 day appeal period before this action is final. Director Tom Sullivan instructed the designer to provide revised plans to the Planning Department before the conclusion of the appeal period so that the neighbors can be invited to review the revised plans and determine whether or not they feel an appeal is warranted. *** PUBLIC HEARING -ITEM N0.3 UP-O1-004 (397-24-012) - MARKWITH, 20253 La Paloma Avenue: Request for a Use Permit to construct a new 462 square foot garage and remove an existing 297 squaze foot garage. The Use Permit is required to allow the structure to be built within the reaz and side yard setback. The property is 7,491 squaze feet in azea and is located in the R-1-10,000 zoning district. Ms. Allison Knapp, Planner, presented the staff report as follows: • Advised that this request is for a Use Permit to allow the reconstruction and enlargement of a garage located within rear and side yard setbacks. • Said that this is an existing non-conforming structure that will be demolished and reconstructed. • Said that the Use Permit is required since this is a legal non-conforming structure. • Informed that during the site visit, it was determined that the installed driveway was just 8 feet wide rather than the required 11.5 feet in width. The proper width was depicted on the plans but the contractor incorrectly installed the drive. It will be convected. • Suggested placing a Condition of Approval to require the widening of this drive to the approved 11.5-foot width per the plans. O O ,-~ O/ rW^' i--i 1~ ~'1 ~~ Q~ 3 Z • °' ~ .~"~, U O ~ GQ ~ O O N O~ O !~ 7^ T ~e 5~ 1'1 O O i ~ U w ~ U c~ 3 _ ~ 'y ...y C ', C G O OJ U O fV /M~.M ..~ F~1 N c OU N ~ a\ W "~ ~ ~` v~ c ~ ~ ° o L. y C 3 7 ~ i 'O cC N `~ F., N ~ L Q. 'A • ~ ` ~' .0 .V. ` • `~ t ~ ~ G C >' C` Y ` ` ~ ~ bA Li ~ j . I a ., `. I o . . , d `• `. 1 I ~ =I U U ~ . C 1 - _ . • Y ~ I a~ ~ _ o `.~ `~ _ y l 3 3 ~ i ~ ~ `. `. 1 ~° -+ y L,, `• `~ li U O 7 `~ ` V I ~ `~~`\ `/ O y U N y ~ ~ ~ ~ ~mrn' N L O 70 ~ 1 1 O o. 0~ i ' 1 L a a ~ 3 .~ 8 a ~ 1 .~ ~ 1 V ~ ~ o ~ , ~ ,1 c N ~ I ~ ~ 1 :° - O 1 °' 3 v Gi ~ N i _ ~ ~~~ c~ Q1 ' 1 ~ °~ ~ ~ 1 j ~ U ~ % 1 c ~ T n ~ ~ o ~ ~ ~ O ti ~ % ~ i O ~ ~ 1 Q O ~ ~ o c ~ - ~ 3~~ z ~."~o N x>~ 11 ~ rv...`j c~ ~ U . ,, o ~ 04 C. .- C C~ ~~~ o~ ° ~~C~ ~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 Incorporated October 22, 1956 March 20, 2001 Mike and Lisa Palumbo 19208 Brook View Drive Saratoga, CA 95070 ,~ ~ COUNCIL MEMBERS: ~'t.JJ tom,, `~'~,{~ ~ i ~` -.~-"~ 1'' 1 ~--` r^ Evan Baker / '" ~ Stan Bogosian Jln (~ ( .*..+~./~ {~ ~1 ~,_ . !-L_. John Mehaf/ey S " Nick Streit (~"~ `.f st.J'\ Ann.Waltonsmith Subject: Design Review Application 19208 Brook View Drive (DR -01-005) Dear Mr. and Mrs.Palumbo This letter is twofold, to introduce myself and to provide you with a list of the items that are required to complete your application. I am Allison Knapp, and I have been retained by the City of Saratoga, on a contract basis, to process current planning applications. Your application has been assigned to me. My telephone numbers are at the close of this letter. I look forward to working with you. I have reviewed your application and conducted a site visit with respect to the above referenced application. There are a few items and clarifications that are required prior to my determining it to be complete. Please provide the following: 1. Show the existing and proposed floor area calculations per room or area of the existing building and garage as well as the proposed addition. Please verify the floor area of the garage. I scale it at~ square feet. 3~ 2. Provide an existing impervious surface statement and break down that statement by building footprint, driveway and walkways. 3. Provide a grading statement on the cover of the plans. If no grading is proposed, please state so. As you are aware, the neighborhood is predominately characterized by one-story ranch style architecture. The two biggest issues that staff identified on the site visit are: 1) The proposed second-story balcony provides a direct view into the rear yard of the property to the back of your home and the side and back yard of the property to the right side of your home, and 2) The massive look of the roofline. Please look into and incorporate design solutions that would respect privacy on adjacent properties. Maybe additional fenestration on the second-story front elevation may help reduce the appearance of bulls. Incomplete Letter: 19208 Brook View Drive March 20, 2001 Page 2 Please also be aware that it may be difficult for the Planning Commission to make the required findings of approval that relate to privacy and bulk. I strongly encourage you to meet with your adjacent neighbors and address their concerns early-on in the design process. I notice and appreciate your design sensitivity with respect to protecting privacy on the side elevations by not proposing extensive glazing in these areas. I also notice that you have setback the roofline to reduce bulk. I am available to meet with your designer and discuss the issues and share the history of some similar applications that were before the City. Once I receive the requested information/corrections, I can deem the application complete and schedule the project for the next available Planning Commission meeting. When the project is scheduled for a hearing I will ask for two full-sized copies of the plans as well as 13 sets of reduced plans for the Planning Commissioners' packets (please have the plans reduced to 11" x 17" and folded). Also please note the enclosed memorandum from the Saratoga Fire Department. If you have any questions relating to your project, please call me at (408) 868-1222 (I am generally in the office on Tuesdays and Thursdays). On Mondays, Wednesdays and Fridays you can reach me at (415) 695-8287. Project Planner Att: Fire Department Conditions and CC: Cynthia Eichhom 20656 5~' Street Saratoga, 95070 incltrBrookview ~i i .. ~~ S~ :~ X14 .. It 5 ~ . ~8 ~ ~ tiy'+^~ ~ .~ ;- r ~~~ [ •1 ~.~ ~ t i~ :.~. ..~}, ~. ~. , 4 ~, ~ `~ ~~ ~ I 1 ~~_ .. j i.'. ~ i f ~~ --.~.. _.~, '~ '. a, . ~a r ~~ ~ ~~ ~ ~~s ~ ' ~~ S ~ . w u S P aa 5£ ~S O ~~ 4 ~ ~~s ~ ~ ~~ =~Y ~~~5~ ~~€ ~~ ~~~ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address ~tD 1 ~ ~l va ~vr'~ J~+'- 23-7 i ~~s Q / 23 7c~ ~ ~~-e_ ~~ L_ > ~ / Z ~ ~ ~4 ~ ~~t ~ zt.e- ~a ~~~ /~ /~1i-~ .~, ~~~~'~ 7- T4s ,~~ e - -~ ~ v~ ~ ~"32> ~i ins f~~ i7 ~~a /ate- ~o ~, ., ~. ~ ~ ~ i~ .~ ,~ 12Z?~~ , 22tL~ 1 ~~v~ ~ ~', ~~~ s~ TiTur A~c~ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address ~ Z/3 Z ~.~~~~l~v~-- ~.. ~~ i Z,IIO T~T4S UL ~, ~ ~~ ' ~,t ~ (.•' 7 ` / v of rZ~s~ . ~ ~~ ~: ~ ?~ ~ ~ ~ ~ 'v T~ S L~nl /Z//O COc..y~' s~'Gi~~ LGhe C „~ WC ~2 ~~ (~' G~/1 `~ I~ j Y~~/ ~~ ~~l 8 ~C.avr~~ ,~ ~o-~ % .2 6 .S a ~0 a :.~~~t .~~1~6 I r ~ ~i~ /J ~ ` '~. / /' t~.,c/ ~ _ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga ,Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address ~ ~ ~a t. ~.~ i~.l~ ~ V q a-~6 j l J`` ~~v.s ,. ,. i't271 C ~v ~~ ~ ,1 ~- ' ~, ,~ I ~ ~v D Ok N; D ~~~ G • 1 K O~~ /~~ / lAT / V ~ C" /~ ~ ~rV !~ r ~~ ~ ~\ ` / v V I~~~ _• " ~ ~-u-~~. ~ o-~-~~ ~-W r ~ n S . ~~ . ~C .z ~. /ZL/f __ / ~' 1 June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally refer designed single story ranch style character. Although not opposed to remodeling, I p an such protect be aligned to the original look and feel of our~forded to allaes dent r that y earance and inherent pnvacy to maintain our neighborhood's app port Sarato a Planning Additionally, I approve of my signature being used to sup g Commission and City Council decisions as part of a general survey of the preferences of n~,~.,1r.riPw residents. June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, 1 prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Add ress Signature Neighborhood ~ ~ / Z Z'7 / ~~-~c~~~c..e ~, ~^-c I K 1221\ ~~10 .~7 n o~ ~'~ r G- oo ~ b 2, l LD '~? LP G.J O v~ ~O :.. ~~.a~ ~. ~a~.~o !y1e!/~o ~ 2 ,.,, -•s. ~-. ' 1~.~- Ia z ~ o ~ .~ rr owbo ~ ~~ . ~~~ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address 1 .~ ~ !~'~1C~ ~ ~. 4 Q~ ~ S ~~ ~%~ s~---tis i W ~~.~s~ C 5 ~ J ~ 2 ~S/ ~ ~ ' s ~~, - -, ~ ~ 5 ~ti`~~ ~ ~. 9 ~` 2 ~ ~ fro g ~ i ~ ~- to _ ~ r ~ z~4~%~ lrJz~b`~~~ `~ 11 ~ ~ / ~o i~ r 12 /~ ~ ~i l3 a ~ ~ 14 ~ - ~~ ~~ J 15 ~ .. 17 .:wage ~ .~, v.S~.J...S~~~ ~ %il d / ~J ,] ~~ ~~ ~ ~ ~ j=' /° 20 June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature ~ Neighborhood Address °~ ~ ~ w J ~~~~~ ~ y r~~ ~f~~ ~-~ t Z 3 ~ W ~~~- ~~ F Z /~3~0 ,,,,, '' ~~ GUS ~ (~ ~_ , ~~ 3 / C~~ , _ , ~ S_~ ~rx=~ ~ ~ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy ai~orded to.all residents. Additionally, I approve of my signatwe being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address ~ c - i 2z ~ ~ Mc; ~ -~ C ~ 1 )~ ~ ~~~~ ~ f'CJ ~~ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to•all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address ,. ! ~s~s alw,tc~g ~r~vu. C ~ ~/'~~/Z ~r-~K-~u bry. /Z ~ l C l„~ i ,J `~~ Zy-7a Gt /i( ~~rr/c-~ `~J ~~ 61- ~~ ~ _ - i~~~~ 1 ,--- ~ ~ ~ j w '~ ' ~ (i'~l ~ mil''"'~,~~' Y jam. ~ ~/~ rj (psi[ / Z Z ~ %~' 9~ 1-irk'-~L ~~~W ~ ~Gc~ ' ~ 1 Z Z~ Q0 ~yav/~ ~r` /~. (/ ~f~ June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to•all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address .~ ',~~ 1 ~~S`~ ~n fry ~~~ " ~~ g/~ l 1 ~ ~ ! ~g~ ~ ~~~ ,, vC/ ,C(~ Z~hC-o2f~ ~? ~ ~ ~ 1~ ,v ~~ 3 5 U I~~9L~~~ G~~'~ ~ z~r2 ~~ June/July 2001 As a resident of the Brookview neighborhood; I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. Signature Neighborhood Address it ~ ~- - 1 ~1 fa~.i~Jy OO~StiCYC~ 1~0U_~~I I~ I Zy S h/Gc~c.~i ~ Cre L' -~ ' f ~ ' i S ~ , u-~. sp _ // ~ ~~~+ - 125~f 3 ~ ~ ~ ~ ~~ ~ >~ G ~ 7' ^ ~J '~ G~ i ~ 1. (~~~ P~.e l ~y ~ ~ ~ o~~ ~ Z o~ C~7~e2~~a t''~ ~, /Lo ~?7~~'c ~CG~~ ~~- !g ~I F~rnb~adk C~ { ~l / ~ I ~J ~-- ~Z~ % ~ Oo ~-.a h / ? . ~ ~i~DD June/July 2001 As a resident of the Brookview neighborhood, I support maintaining its originally designed single story ranch style character. Although not opposed to remodeling, I prefer that any such project be aligned to the original look and feel of our neighborhood in order to maintain our neighborhood's appearance and inherent privacy afforded to.all residents. Additionally, I approve of my signature being used to support Saratoga Planning Commission and City Council decisions as part of a general survey of the preferences of Brookview residents. U> ~',EC r T~OAc7 b23 5/ v ~~z~-~; ~ ~~9f~ ~, ~~: Y C?EEM A,tceK f w1' ~ x$990 # ~``j~' ~' ~ ~' '~'Yi C' ~~ :• `a NAT S:.`PiP~~~ SC'.CfJ ~ ~'~~''~ G4C'~ 1~"'~1 V 1"1S ~ w .~ ~ ' U ~`~ Chapter 14.13 Single-Story Single-Family Overlay District Regulations (R1-S) Section 14.13.010. R1-S overlay districts (R1-S). The regulations, general provisions and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the R1-S district and shall supplement, and be used in conjunction with, the standards and requirements of the underlying zoning district. The purpose of the R1-S district is to modify the height and number of stories permitted in any R1 zoning district to preserve and maintain single-family neighborhoods of predominantly s^g!e-st;,~ ~r character. (Ord. OC-333 § 3 (part): p; nor coda § ; 0-2.6201) Section 14.13.020. Application (R1-S). The R1-S district shall apply at the discretion of the city council; an application shall be accompanied by the appropriate fee as set by the city council. The R1-S district shall apply to only clearly defined neighborhoods as determined by the city council based upon adopted guidelines. (Ord. 00-383 § 3 (part): prior code § 10-2.6202) Section 14.13.030. Eligibility (R1-S). A neighborhood shall demonstrate a minimum seventy (70) percent property support for the application by the manner set forth by the city council in order to be eligible for the R1- S district. (Ord. 00-383 § 3 (part): prior code § 10-2.6203) Section 14.13.040. Expiration (R1-S). The R1-S district regulations in a specific neighborhood shall expire seven,years after its effective date, or one year after notification of the expiration by the city, whichever is greater. The city shall make a good faith effort to mail notification of the expiration to all current property owners in an R1-S district at least one year in advance of, but no earlier than fifteen (15) months in advance of, the expiration date. (Ord. 00-383 § 3 (part): prior Cudc § i Q-~.v204) Section 14.13.050. Development standards (R1-S). Unless otherwise specified by this chapter, the development standards oY4he underlying zoning district shall apply in the R1-S district. Development standards shall include but not be limited to site area, coverage, floor area ratio, front yard, side yards, rear yard, off-street parking, height of structures, design control, signs and fences. The height of structures in an R1-S shall be limited as follows: A. The overall height shall be limited to twenty (20) feet; B. The number of stories shall be limited to one, not including basements. (Ord. 00-383 § 3 (part): prior code § 10-2.6205) (over) Section 14.13.060. Implementation of Approved Two-Story Residential Design Review Applications. A two-story residential design review application that is granted final approval by the City may be implemented, subject to the time limits listed below, regardless of whether aone-story overlay zone application is subsequently approved for a neighbofiood that includes the same property after the two-story residential design review application has been approved. Implementation of an approved two-story residential design review application pursuant to this Section shall be subject to the following time limits: A. A complete building permit application shall be submitted within one-year of design approval; B. The building permit shall be issued (picked-up) within 18 months of design approval; and C. The first building permit inspection shall be passed within 24 months of the date of design approval. Section 14.13.070. Denial of Two-Story Residential Design Review Applications Submitted Prior to July 15, 2001. A. When a complete two-story residential design review application is submitted prior to July 15, 2001 the City shall deny said two-story residential design review application if a complete one-story overlay zone application is submitted for a neighbofiood that includes the same property prior to final City action on the two-story residential design review application. B. The City's denial shall be based upon a finding that approval of a two-story residential design review application while aone-story overlay zone application is being considered for a neighbofiood that inGudes the same property would be inconsistent with the purposes of the one-story overlay zone, and would be potentially incompatible with the neighbofiood character. C. In the event that aone-story overlay zone application provided the basis for denial of a two-story residential-design review application pursuant to this Section, and that one-story overlay zone application is ultimately denied or rejected by the City Council, the two-story residential design review application that was denied may be resubmitted without additional application processing fees. Section 14.13.080. Processing of Two-Story Residential Design Review Applications. A. City staff shall not accept atwo-story residential design review application prior to July 15, 2001 if a complete one-story overlay zone application has been filed with the City for a neighbofiood that inGudes the same property. The prohibition on accepting two-story residential design review applications within 2 proposed one-story aveday zoni;rg distr•~ct shall apply fog a period of six months after the date that the complete one-story overlay zone application is submitted to the City. B. A complete two-story residential design review application that is submitted after July 14, 2001 shall be reviewed, processed and acted upon provided that a complete one-story overlay zone application has not already been submitted for a neighbofiood that includes the same property. Section 14.86.090. New applications. After denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within a period of one year of the date of such denial. Except that in the case of failure to demonstrate the minimum required property owner support for an R11-S district as set forth in Section 14.13.030 of this title in the manner set forth by the city council, no such application for the same or substantially the same neighbofiood shall be filed within a period of seven years of the date of such failure to demonstrate the minimum required property owner support. (Ord. 00-383 § 4: prior code § 10-2.3009) {~ • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING DEPT: Public Works AGENDA ITEM: CITY MANAGER: ~~ ~ l PREPARED BY: DEPT HEAD: V SUBJECT: Saratoga Disadvantaged Business Enterprise (DBE) Program. RECOMMENDED ACTION(S): Adopt Resolution concerning Disadvantaged Business Programs in compliance with Caltrans and U.S. Department of Transportation requirements. REPORT SUMMARY: Background The U.S. DOT re uires an a enc that re uests Federal Aid for trans ortation im r v i q y g y q p p o en ents to implement and maintain a Disadvantaged Business Program. This program establishes an Overall Goal that provides, as a percentage of overall cost for a particular project, an amount that should be paid to contractors and service/material providers listed as Disadvantaged Business Enterprises (DBE). Discussion The Overall Goal is computed by considering the proportional availability of DBE's in relation to the total amount of able and qualified firms for the local geographic area. Once this goal is established, it is incorporated into the DBE Program text and presented to Caltrans for approval. Following approval, the Draft DBE Program is made available to the public via public notices in local newspapers. Approval by City Council is the final step before the DBE Program is officially adopted. Once adopted, the DBE Program is implemented and maintained through good faith effort by designated City staff. The Overall Goal is updated every year, per Caltrans requirements. Saratoga's Overall Goal is 8.3%, for the 2001/2002 fiscal year. FISCAI, IMPACTS: No direct fiscal impacts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Saratoga DBE Program would not be approved and the project would not be adopted at this time. Federal transportation improvement funds may not become available for the 2001/2002 fiscal year. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A copy of the Council Resolution ~.vill be forwarded to Caltrans by Public Works staff. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution approving DBE goal. • 2 of 2 t RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONCERNING DISADVANTAGED BUSINESS PROGRAMS WHEREAS, on April 19, 1989, the City Council adopted a Disadvantaged Business Enterprise (DBE) Program, and WHEREAS, the City Council desires to reinstate the DBE Program, and make the DBE Program compliant with current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. The adopted DBE Program is valid and covers the period from the present date until October 2001. 2. The overall DBE goal established by the Program shall remain at 8.3% during the period of renewal, and all other terms and provisions of the DBE Program shall remain in full force. 3. The City Clerk has published notification of the annual DBE goal for the renewal period, as required under Title 49 CFR Part 26. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 18`h day of July, 2001, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor • ~~ _ .. -: _~ • SARATOGA CITY COUNCIL MEETING DATE: July 1 g, 2001 ORIGINATING DEPT: Cit Mana er PREPARED BY:C~~ ~~Q~.e_ AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD. ~1 ~ ~-~J SUBJECT: FY 1999 and FY 2000 Local Law Enforcement Block Grants Program RECOMMENDED MOTION(S): 1. Open Public Hearing; Close Public Hearing. 2. Accept the Grants. 3. Adopt Resolution appropriating the funds. REPORT SUMMARY: The City has been awarded $8,820 for FY 1999, and $7,878 for FY 2000, in Local Law Enforcement Block Grants Program (LLEGB) funds from the U.S. Department of Justice's Bureau of Justice Assistance. This program provides funds to state and local governments to underwrite projects, reduce crime, and improve public safety. The filing deadlines for the FY 1999 and FY 2000 awards are June 29, 2001, and July 31, 2001, respectively. The appropriate documentation has been filed on-line to accept these funds. As the grant recipient, the City must hold a Public Hearing for the purpose of discussing the allocations, and establish an advisory board. An advisory board comprised of the City Manager's Staff, Captain Bacon and Lieutenant Smedland met to prioritize the Sheriff Department's desires for additional programs and services. The recommendations listed below were selected based on the criteria of appropriately meeting Saratoga's current public safety needs, and fitting within the seven purpose areas in which LLEGB funds may be allocated. 1. Expend FY 99 funds on overtime pay to provide a Deputy on bicycle to patrol Big Basin Way, Wildwood Park and trails throughout the summer. 2. Expend FY 2000 funds on two Talon moving mode handheld radars, and various videos, books, literature and equipment to assist the Student Resource Officer to present training at Saratoga schools. • - -~ ~> FISCAL IMPACTS: These funds have not been included in the budget. Attached is a resolution appropriating the funds in the Police Services budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: Public Hearing notice published in the Saratoga News. CONSEQUENCES OF NOT ACTING: The City will be ineligible to receive LLEGB grant funding for two fiscal years totaling $16,698. FOLLOW UP ACTIONS: Notify the Sheriff s Department of the Public Hearing outcome. ATTACHMENTS: 1. Resolution • 4 w ,~, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATE ADJUSTMENTS TO THE FISCAL YEAR 2001/2002 BUDGET WHEREAS, the City Council adopted Resolution No.01-036 adopting the budget for Fiscal Years 2001-2002 and 2002-2003 on June 6, 2001; and WHEREAS, subsequent to the adoption of said resolution, the City Manager has recommended further changes to the City's budget; and WHEREAS, the City wishes to reduce crime and improve public safety, using unanticipated Local Law Enforcement Block Grants from the U.S. Department of Justice's Bureau of Justice Assistance, for a cost not to exceed $16,698; and WHEREAS, $16,698 will be received in the first quarter of Fiscal Year 2001/2002, which is sufficient to fund this work; and WHEREAS; the City Council has considered the recommendations of the City Manager and believes that implementing these further changes will be in the best interest of the City. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to increase the appropriations for public safety by $16,698, and to increase revenues from Federal grants. AND BE IT FURTHER RESOLVED, the above adjustments to the City of Saratoga's Fiscal Year 2001-02 budget will be made using the following entries: Expenditures Revenues Debit Credit 001-2015-523-40-10 Public Safety-General Contracts $16,698 001-1040-431-17-00 Federal Law Block Grant $16,698 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 18th day of July, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk 2 of 2 i~ SARA'TOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: July 18, 2001 CITY MANAGER: ~~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor - - SUBJECT: Draft Bylaws for Saratoga Community Foundation RECOMMENDED ACTIONS: Review and accept bylaws and direct staff to recruit candidates for the Board of Directors. STAFF REPORT: Summary At its meeting of February 27, 2001, the City Council reviewed draft bylaws for a Saratoga Community Foundation to support a broad range of community interests in the City of Saratoga. Council directed that the Foundation be organized and supported initially by the City in a manner that would facilitate its ultimate transition into an independent entity. Staff has revised the bylaws to respond to Council direction. The primary changes are: (1) the Foundation will be a membership organization that allows members (Saratoga residents only) to elect Directors and make other policy decisions for the Foundation; (2) the Foundation will become completely independent of the City government on June 30, 2003; and (3) the Foundation will be required to prepare a five year plan with fundraising goals and a plan for building an endowment and making grants to meet current community needs. As requested by the Council, a copy of the draft bylaws has been posted on the City's web site and copies have been made available in the Community Library. Bylaws Discussion The staff report for the February 27 meeting described the general content of the bylaws and a copy has been attached for your reference. This report describes the revisions that were made in response to Council comments. ~~ Membership The most significant change is that the foundation will now be established as a "membership" organization. Most community foundations are operated entirely under the direction of a Board of Directors. The Board sets foundation policy and selects replacement members of the Board of Directors. The contributors to the foundation have no formal role in setting policy or selecting Board members other than their power to cease giving to the foundation. As requested by Council, the attached bylaws take a different approach. The foundation that would be established by the bylaws would be controlled by members. The day-to-day activities of the foundation would be administered by the Board of Directors and the Executive Director, but the members of the foundation would have the ultimate authority to select Board members and to set foundation policy. State law vests members with considerable rights to control the foundation. The bylaws have been revised to reflect many of those rights. Article III has been completely revised. It now provides that any Saratoga resident who pays the minimum annual dues is a member of the foundation. The minimum dues must be between $100 and $250 per year as determined by the Board of Directors. The remaining provisions of Article III concern membership administration. The earlier draft of Article III consisted primarily of language encouraging community participation and specifying that participation does not constitute membership. Because the Council emphasized that it wants to encourage participation by both members and non-members of the foundation, section 3.12(a) makes clear that the foundation encourages the involvement of local civic groups, businesses, and non-residents. Article IV has also been completely revised. It sets forth the process by which the members will govern the foundation. It provides for annual meetings in May. These meetings will be used to receive reports on the foundation's operations and to elect members to the Board of Directors. Members are allowed to vote by proxy and the bylaws also allow the membership to act by mail ballot rather than at a meeting. The bylaws allow the Board of Directors to call special meetings of the members and also allow the members themselves to initiate action. This structure allows the members to maintain oversight of Board actions. Sunset on Ciry Involvement The Council directed that the foundation be established in a manner that would allow the foundation to become independent of the City government by June 30, 2003. The bylaws are structured to allow this to occur. The initial Board of Directors will be appointed by the City Council and will include two members of the City Council. The 2 ,~ terms of the two Council seats expire June 30, 2003. The replacements for those seats will be elected by the members at the May, 2003 membership meeting. (Of the remaining five seats on the initial Board of Directors, three expire in June, 2005 and two expire in June 2007. Elections for replacements will be held in May 2005 and 2007 respectively.) In light of the City's anticipated substantial initial contribution to the foundation, Article XIII provides that until June 30, 2003 the following actions by the foundation must be ratified by the City Council before taking effect: (1) any change in the foundation's office location; (b) any action that establishes a minimum dues payment for members greater than $100; (c) any increase in the authorized number of Directors on the Board of Directors; (d) any decision that would preclude a member of the City Council from serving on the Executive Committee; and (e) any amendment to the bylaws. Article XIII sunsets on July 1, 2003, leaving the foundation completely independent of City control. Five Year Plan The Council expressed concern that the bylaws be drafted in a manner that ensures that the foundation strike an appropriate balance between making immediate investments in the community and building an endowment for the long term future of the City. Because there are numerous uncertainties regarding the level of funding that will be available, it is difficult to craft a workable policy that can be set in stone in the bylaws. Instead, the bylaws require the foundation's Executive Committee to develop a five year strategic plan by the end of the year. (See section 8.03.) The plan must include a vision statement, year-by-year fundraising goals, and an investment plan that allows the foundation to respond to current needs while at the same time building an endowment. This approach will allow the foundation to take advantage of the expertise of the Executive Committee members and the experts that they consult to develop a meaningful plan. The bylaws require that the plan be submitted to the City Council to ensure a full opportunity for public review and comment. Ot1:er Revisions There have been a number of other revisions in response to Council concerns and promote clarity. These include: - Expanding the purposes of the foundation to include all activities and programs that enhance the quality of life in the city and to include encouraging widespread community participation in foundation programs. (Section 2.01.) • 3 - Requiring annual recognition of foundation supporters. (Section 3.12(a).) - Defining a quorum of the Board of Directors as 51% of the Board or as 34% of the Board if the Board has 15 or more members. (Section 5.04(e) - Clarifying that no director may serve more than two consecutive terms but that former Directors may serve on committees and may be reappointed as directors after a four year hiatus. (Section S.U2.) - Clarifying that the Brown Act governs all meetings of the Board only as long as the terms of the Act require it to apply. Once the City is no longer funding the foundation and appointing board members the Brown Act will not apply. (Section 5.04(a).) - Renaming the "Education Committee" as the Development Committee and deleting the "Associate Relations Committee" since its functions can be served by the Community Relations committee. (Section 8.02.) Recruitment of the Board of Directors In order to proceed with establishing the Foundation it will be necessary to appoint a Board of Directors to implement the bylaws and file the various organizational documents with the relevant state and federal agencies. Recruiting an effective Board is widely considered to be one of the most important elements in establishing a successful community foundation. Once the Council has agreed upon the bylaws, it would be appropriate for staff to begin recruiting candidates for the initial Board of Directors. This recruitment and selection process would be handled in a manner similar to the process for the City Commissions. Foundation Funding and Staffing Members of the Council have expressed interest in having the City make an initial contribution to the Foundation to support initial staffing and fundraising efforts. Staff is seeking guidance from Council as to the extent of the contribution and the priorities for use of the contribution. FISCAL IMPACTS: If the bylaws are approved there will be minor costs incurred in preparing the remaining organizational documents. There will be as yet undetermined costs associated with administration of the Foundation. 4 ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. The staff report and bylaws were also posted on the web site and made available in the library. CONSEQUENCES OF NOT ACTING ON RECOMMENDED. MOTION(S): The City would not play a role in establishing a Saratoga Community Foundation. FOLLOW UP ACTIONS: Staff will implement Council direction. ATTACHMENTS: Draft Bylaws for the Saratoga Community Foundation Staff Report for February 27, 2001 City Council Meeting • 5 J DRAFT -July 12, 2001 Bylaws of the Saratoga Community Foundation ARTICLE I. OFFICES Section 1.01. Principal Office. The principal office of the Saratoga Community Foundation (hereui sometimes referred to as "SCF" and as the "corporation") for its transaction of business is located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Section 1.02. Change of Address. The Board of Directors may change the principal office of SCF from one location to another in the City of Saratoga in the State of California. Any such change shall be noted by the Secretary in an attachment to these Bylaws, but shall not be considered an amendment of these Bylaws. The Board may at any time establish branch or subordinate offices at any place or places where SCF is qualified to conduct its activities. ARTICLE II. PURPOSES Section 2.01. Purposes. SCF is a nonprofit public benefit corporation and is a permanent endowment that provides funding for the enhancement of the community life of the City of Saratoga including, but not limited to programs, activities and facilities in support of education, recreation, culture, historic preservation, literacy, art, and otherwise enhancing the quality of life in the community. SCF shall encourage and facilitate participation in its programs by those persons, civic organizations, businesses, public institutions and other entities seeking to build a stronacr community and enhance the quality of life in Saratoga through support of philanthropic activities ARTICLE III. MEMBERS Section 3.01. Determination and Rights of Members. The corporation shall have only one class of members. No member shall hold more than one membership in the corporation. Except as expressly provided in or authorized by the Articles of Incorporation or Bylaws of this corporation, all memberships shall have the same rights, privileges, restrictions and conditions. Section 3.02. Qualifications of Members. All members of the corporation shall (a) be residents of Saratoga and (b) pay at least the minimum annual dues established by the Board of Directors. 1 of 24 DRAFT -July 12, 2001 Section 3.03. Admission of Members. Applicants shall be admitted to membership upon demonstrating to the Executive Director that the applicant satisfies the membership qualifications established by these bylaws. Section 3.04. Fees, Dues and Assessments. There shall be no fee charged for making application for membership in the corporation. The annual dues payable to the corporation by members shall be set by the Board of Directors, provided, however, that the minimum annual dues payment required to obtain or maintain membership in the Corporation shall be no less than $100 and no more than $250. Memberships shall be nonassessable. Section 3.05. Number of Members. There is no limit on the number of members the corporation may admit. Section 3.06. Membership Book. The corporation shall keep a membership book containing the name and address of each member. Termination of the membership of any member shall be recorded in the book, together with the date of termination of such membership. Such book shall be kept at the corporation's principal office and shall be available for inspection by any director or member of the corporation during regular business hours. The record of names and addresses of the members of this corporation shall constitute the membership list of this corporation and shall not be used, in whole or part, by any person for any purpose not reasonably related to a member's interest as a member. Section 3.07. Nonliability of Members. A member of this corporation is not, as such, personally liable for the debts, liabilities, or obligations of the corporation. Section 3.08. Nontransferability~of Memberships. No member may transfer a membership or any right arising therefrom. All rights of membership cease upon the member's death. Section 3.09. Termination of Membership. (a) Grounds for Termination. The membership of a member shall terminate upon the occurrence of any of the following events: (1) Upon a failure to renew his or her membership by paying dues on or before their due date, such termination to be effective thirty (30) days after a written notification of delinquency is given personally or mailed to such member by the • 2 of 24 a DRAFT -July 12, 2001 Executive Director of the corporation. A member may avoid such termination by paying the amount of delinquent dues within a thirty (30)-day period following the member's receipt of the written notification of delinquency. (2) Upon his or her notice of such termination delivered to the Executive Director or Secretary of the corporation personally or by mail, such membership to terminate upon the date of delivery of the notice or date of deposit in the mail. (3) Upon.a expulsion by the Board of Directors based on a determination that the member has engaged in conduct materially and seriously prejudicial to the interests or purposes of the corporation. (b) Procedure for Expulsion. Following the determination that a member should be expelled under subparagraph (a)(3) of this section, the following procedure shall be implemented: (1) A notice shall be sent by first-class or registered mail to the last address of the member as shown on the corporation's records, setting forth the expulsion and the reasons therefor. Such notice shall be-sent at least fifteen (15) days before the proposed effective date of the expulsion. (2) The member being expelled shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held not less than five (5) days before the effective date of the proposed expulsion. The hearing will be held by the Board of Directors in accordance with the quorum and voting rules set forth in these Bylaws applicable to the meetings of the Board. The notice to the member of his or her proposed expulsion shall state the date, time, and place of the hearing on his or her proposed expulsion. (3) Following the hearing, the Board of Directors shall decide whether or not the member should in fact be expelled, suspended, or sanctioned in some other way. The decision of the Board shall be final. (4) Any person expelled from the corporation shall receive a refund of dues already paid. The refund shall be pro-rated to return only the unaccrued balance remaining for the period of the dues payment. Section 3.10. Rights on Termination of Membership. All rights of a member in the corporation shall cease on termination of membership as herein provided. 3 of 24 • DRAFT -July 12, 2001 Section 3.11. Amendments Resulting in the Termination of Memberships. Notwithstanding any other provision of these Bylaws, if any amendment of the Articles of Incorporation or of the Bylaws of this corporation would result in the termination of all memberships or any class of memberships, then such amendment or amendments shall be effected only in accordance with the provisions of Section 5342 of the California Nonprofit Public Benefit Corporation Law. Section 3.12. Other Persons Associated with Corporation. (a) In addition to the members defined by this Article, the corporation shall encourage and acknowledge participation by persons, civic organizations, businesses, public institutions and other entities seeking to build a stronger community and enhance the quality of life in Saratoga through support of philanthropic activities. It is the policy of the Corporation to encourage family participation in the activities of this Corporation. The Board of Directors shall annually acknowledge all those supporting the corporation. (b) This corporation in the course of its operations may refer to persons or entities associated with this corporation, as "members," even though those persons or entities are not members as set forth in this Article of these Bylaws. No such reference shall be construed as allowing, inviting, or otherwise authorizing any such person to be a member within them meaning of Corporations Code section 5056 unless that person or entity shall have qualified for a membership in accordance with this Article of these Bylaws. References in these Bylaws to "members" shall mean members as defined in Corporations Code section 5056; i.e., the members set forth in Section 3.02 of these Bylaws. ARTICLE IV. MEETINGS OF MEMBERS Section 4.01. Place of Meetings. Meetings of members shall be held at the principal office of the corporation or at such other place or places within the City of Saratoga as may be designated from time to time by resolution of the Board of Directors. Section 4.02. Annual Meeting. The members shall meet annually on the second Thursday in May, at 7:30 p.m., for the purpose of electing directors and transacting other business as may come before the meeting. Cumulative voting for the election of directors shall not be permitted. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected. Each voting member • 4 of 24 DRAFT -July 12, 2001 shall cast one vote, with voting being by ballot only. The annual meeting of members for the purpose of electing directors shall be deemed a regular meeting and any reference in these Bylaws to regular meetings of members refers to this annual meeting. If the day fixed for the annual meeting falls on a legal holiday, such meeting shall be held at the same hour and place on the next business day. Section 4.03. Special Meetings of Members. Special meetings of the members shall be called by the Board of Directors, the Chairperson of the Board, or the Executive Director of the corporation. In addition, special meetings of the members for any lawful purpose may be called by five percent (5%) or more of the members. Section 4.04. Notice of Meetings. (a) Time of Notice. Whenever members are required or permitted to take action at a meeting, a written notice of the meeting shall be given by the Executive Director of the corporation not less than ten (1.0) nor more than ninety (90) days before the date of the meeting to each member who, on the record date for the notice of the meeting, is entitled to vote thereat, provided, however, that if notice is given by mail, and the notice is not mailed by first-class, registered, or certified mail, that notice shall be given twenty (20) days before the meeting. (b) Manner of Giving Notice. Notice of a members' meeting or any report to members shall be given either personally or by mail or other means of written communication, addressed to the member at the address of such member appearing on the books of the corporation or given by the member to the corporation for the purpose of notice; or if no address appears or is given, at the place where the principal office of the corporation is located or by publication of notice of the meeting at least once in a newspaper of general circulation in the county in which the principal office is located. Notice shall be deemed to have been given at the time when delivered personally or deposited in the mail or sent by telefacsimilie, or, where authorized, sent by a-mail. Notice may be given by e-mail to those members that have authorized notice to be provided in such manner. Any such authorization may be revoked by the member upon 30 days advance notice to the Executive Director. (c) Contents of Notice. Notice of a membership meeting shall state the place, date, and time of the meeting and (1) in the case of a special meeting, the general nature of the business to be transacted, and no other business may be transacted, or (2) in the case of a regular meeting, those matters which the Board, at the time notice is given, intends to present for action by the members. Subject to any provision to the contrary contained in 5 of 24 • • DRAFT -July 12, 2001 these Bylaws, however, any proper matter may be presented at a regular meeting for such action. The notice of any meeting of members at which directors are to be elected shall include the names of all those who are nominees at the time notice is given to members. (d) Notice of Meetings Called by Members. If a special meeting is called by members as authorized by these Bylaws, the request for the meeting shall be submitted in writing, specifying the general nature of the business proposed to be transacted and shall be delivered personally or sent by registered mail to the Chairperson of the Board, Secretary, or Executive Director of the corporation. The officer receiving the request shall promptly cause notice to be given to the members entitled to vote that a meeting will be held, stating the date of the meeting. The date for such meeting shall be fixed by the Board and shall not be less than thirty-five (35) nor more than ninety (90) days after the receipt of the request for the meeting by the officer. If the notice is not given within twenty (20) days after the receipt of the request, persons calling the meeting may give the notice themselves. (e) Waiver of Notice of Meetings. The transactions of any meeting of members, however called and noticed, and wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy, and if, either before or after the meeting, each of the persons entitled to vote, not present in person or by proxy, signs a written waiver of notice or a consent to the holding of the meeting or an approval of the minutes thereof. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Waiver of notices or consents need not specify either the business to be transacted or the purpose of any regular or special meeting of members, except that if action is taken or proposed to be taken for approval of any of the matters specified in subparagraph (f) of this section, the waiver of notice or consent shall state the general nature of the proposal. (f) Special Notice Rules for Approving Certain Proposals. If action is proposed to be taken or is taken with respect to the following proposals, such action shall be invalid unless unanimously approved by those entitled to vote or unless the general nature of the proposal is stated in the notice of meeting or in any written waiver of notice: 1. Removal of directors without cause; 2. Filling of vacancies on the Board by members; 3. Amending the Articles of Incorporation or these Bylaws; and 4. An election to voluntarily wind up and dissolve the corporation. • Section 4.05. Quorum for Meetings. 6 of 24 DRAFT -July 12, 2001 (a) A quorum shall consist of one-third of the members of the corporation. (b) The members present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of members from the meeting provided that any action taken after the loss of a quorum must be approved by at least a majority. of the members required to constitute a quorum. (c) In the absence of a quorum, any meeting of the members may be adjourned from time to time by the vote of a majority of the votes represented in person or by proxy at the meeting, but no other business shall be transacted at such meeting. When a meeting is adjourned for lack of a sufficient number of members at the meeting or otherwise, it shall not be necessary to give any notice of the time and place of the adjourned meeting or of the business to be transacted at such meeting other than by announcement at the meeting at which the adjournment is taken of the time and place of the adjourned meeting. However, if after the adjournment a new record date is fixed for notice or voting, a notice of the adjourned meeting shall be given to each member who, on the record date for notice of the meeting, is entitled to vote at the meeting. A meeting shall not be adjourned for more than • forty-five (45) days. (d) Notwithstanding any other provision of this Article, if this corporation authorizes members to conduct a meeting with a quorum of less than one-third (1 /3) of the voting power, then, if less than one-third (1/3) of the voting power actually attends a regular meeting, in person or by proxy, then no action may be taken on a matter unless the general nature of the matter was stated in the notice of the regular meeting. Section 4.06. Majority Action as Membership Action. Every act or decision done or made by a majority of voting members present in person or by proxy at a duly held meeting at which a quorum is present is the act of the members, unless the law, the Articles of Incorporation of this corporation, or these Bylaws require a greater number. Section 4.07. Voting Rights. Each member is entitled to one vote on each matter submitted to a vote by the members. Voting at duly held meetings shall be by voice vote except that election of Directors shall be by ballot and a vote by ballot shall be required whenever requested by more than 10% of the members of the Corporation. 7 of 24 • DRAFT -July I2, 2001 Section 4.08. Proxy Voting. (a) Members entitled to vote shall be permitted to vote or act by proxy. If membership voting by proxy is not allowed by the preceding sentence, no provision in this or other sections of these Eylaws referring to proxy voting shall be construed to permit any member to vote or act by proxy. (b) If membership voting by proxy is allowed, members entitled to vote shall have the right to vote either in person or by a written proxy executed by such person or by his or her duly authorized agent and filed with the Secretary of the corporation, provided, however, that no proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. In any case, however, the maximum term of any proxy shall be three (3) years from the date of its execution. No proxy shall be irrevocable and any proxy may be revoked following the procedures given in Section 5613 of the California Nonprofit Public Benefit Corporation Law. (c) If membership voting by proxy is allowed, all proxies shall state the general nature of the matter to be voted on and, in the case of a proxy given to vote for the election of directors, shall list those persons who were nominees at the time the notice of the vote for election of directors was given to the members. In any election of directors, any proxy which is marked by a member "withhold" or otherwise marked in a manner indicating that the authority to vote for the election of directors is withheld shall not be voted either for or against the election of a director. (d) If membership voting by proxy is allowed, proxies shall afford an opportunity for the member to specify a choice between approval and disapproval for each matter or group of related matters intended, at the time the proxy is distributed, to be acted upon at the meeting for which the proxy is solicited. The proxy shall also provide that when the person solicited specifies a choice with respect to any such matter,-the vote shall be cast in accordance therewith. Section 4.09. Conduct of Meetings. Meetings of members shall be presided over by the Chairperson of the Board, or, if there is no Chairperson, by the Executive Director of the corporation or, in his or her absence, by the Vice Chairperson of the corporation or, in the absence of all of these persons, by a chairperson chosen by a majority of the voting members, present in person or by proxy. The Secretary of the corporation shall act as Secretary of all meetings of members, provided that, in his or her • 8 of 24 DRAFT -July 12, 2001 • absence, -the presiding officer shall appoint another person to act as Secretary of the Meeting. The current edition of Robert's Rules of Order Newly Revised shall govern meetings insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with any provision of law. '~ Section 4.10. Action by Written Ballot Without a Meeting. (a) Any action which may be taken at any-regular or special meeting of members may be taken without a meeting if the corporation distributes a written ballot to each member entitled to vote on the matter. The ballot shall set forth the proposed action; provide an opportunity to specify approval or disapproval of each proposal, provide that where the person solicited specifies a choice with respect to any such proposal the vote shall be cast in accordance therewith, and provide a reasonable time within which to return the ballot to the corporation. The ballots must specify the time by which they must be received by the corporation in order to be counted. Ballots shall be mailed or delivered in the manner required for giving notice of meetings specified in Section 4.04 of this Article. A written ballot may not be revoked after its receipt by the corporation or its deposit in the mail, whichever occurs first. (b) All written ballots shall indicate the number of responses needed to meet the quorum requirement and, except for ballots soliciting votes for the election of directors, shall state the percentage of approvals necessary to pass the measure submitted. (c) Approval of action by written ballot shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the action at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. (d) Directors may be elected by written ballot. Such ballots for the election of directors shall list the persons nominated at the time the ballots are mailed or delivered. If any such ballots are marked "withhold" or otherwise marked in a manner indicating that the authority to vote for the election of directors is withheld, they shall not be counted as votes either for or against the election of a director. 9 of 24 • DRAFT -July 1 Z, 2001 Section 4.1 I. Reasonable Nomination and Election Procedures. (a) This corporation shall make available to members reasonable nomination and. election procedures with respect to the election of directors by members. Such procedures shall be reasonable given the nature, size and operatioris of the . corporation, and shall include: (1) A reasonable means of nominating persons for election as directors. (2) A reasonable opportunity for a nominee to communicate to the members the nominee's qualifications and the reasons for the nominee's candidacy. (3) A reasonable opportunity for all nominees to solicit votes. (4) A reasonable opportunity for all members to choose among the nominees. (b) Upon the written request by any nominee for election to the Board and the payment with such request of the reasonable costs of mailing (including postage), the corporation shall, within ten (10) business days after such request (provided payment has been made) mail to all members any material which the nominee shall furnish and which is reasonably related to the election, unless the corporation allows the nominee, at the corporation's option; to do either of the following: (I) inspect and copy the record of all members' names, addresses and voting rights, at reasonable times, upon five (5) business days' prior written demand upon the corporation, which demand shall state the purpose for which the inspection rights are requested; or (2) obtain from the Secretary, upon written demand and payment of a reasonable charge, a list of the names, addresses and voting rights of those members entitled to vote for the election of directors, as of the most recent record date for which it has been compiled or as of any date specified by the nominee subsequent to the date of demand. The demand shall state the purpose for which the list is requested and the membership list shall be made available on or before the later often (] 0) business days after the demand is received or after the date specified therein as the date as of which the list is to be compiled. (c) If the corporation distributes any written election material soliciting votes for any nominee for director at the corporation's expense, it shall make available, at the corporation's expense, to each other nominee, in or with the same material, the same amount of space that is provided any other nominee, with equal prominence, to be used by the nominee for a purpose reasonably related to the election. 10 of 24 DRAFT -July 12, 2001 ~ (d) Any person who is qualified to be elected to the Board of Directors may be i nominated at the annual meeting of members held for the purpose of electing directors by any member present at the meeting in person or by proxy except ' where the election for the Board of Directors is held pursuant to a written ballot. If the corporation has five hundred (500) or more members, any of the additional nomination procedures specified in subsections (a) anal (b) of Section 5221 of the California Nonprofit Public Benefit Corporation Law may be used to nominate . persons for election to the.Board of Directors. If this corporation has five thousand (5,000) or more members, then the nomination and election procedures specified in Section 5522 of the California Nonprofit Corporation Law shall be followed by this corporation in nominating and electing persons to the Board of Directors. Section 4.12. Action by Unanimous Written Consent Without Meeting. Except as otherwise provided in these Bylaws, any action required or permitted to be taken by the members may be taken without a meeting, if all members shall individually or collectively consent in writing to the action. The written consent or consents shall be filed with the minutes of the proceedings of the members. The action by written consent shall have the same force and effect as the unanimous vote of the members. Section 4.13. Record Date for Meetings. The record date for purposes of determining the members entitled to notice, voting rights, written ballot rights, or any other right with respect to a meeting of members or any other lawful membership action, shall be fixed pursuant to Section 5611 of the California Nonprofit Public Benefit Corporation Law. ARTICLE V. DIRECTORS Section 5.01. Number. Saratoga Community Foundation shall have at least seven (7) nor more than thirty-five (35) directors. The number of directors may be changed from time to time, within the limits specified by the affirmative vote of two-thirds (2/3rds) of the Board of Directors. Section 5.02. Directors. (a) Qualifications. The Directors shall be persons of good character; be residents of, be active and have an interest in, or be in business in Saratoga; be members of SCF; attend 11 of 24 • DRAFT -July 12, 2001 meetings and actively participate in the activities of the Board; support SCF financially; and be committed to building a stronger community and enhancing the quality of life in the community through support of philanthropic activities. (b) Terms of Office. Directors shall serve a four year term; no Director shall serve more than two consecutive four year terms. (c) Nomination of Directors. Any person qualified to be a Director under the Bylaws may be nominated by the method of nomination authorized by the Board or by any other method authorized by law. Prior to being placed on the slate, the Executive Committee shall apprise the person to be placed on the slate of the duties and responsibilities of the position and obtain that person's assurances that he or she will conscientiously carry out those functions if elected. (d) Election of Directors. Directors shall be elected in accordance with these Bylaws at a meeting of the members or by written ballot. The candidates receiving the highest number of votes shall be elected. Directors shall be eligible for election for no more than two (2) consecutive, four-year terms. A Director that has served two (2) consecutive, four-year terms may serve as a member of any Committee (as hereinafter defined) and shall be eligible for reappointment to the Board of Directors four years after the expiration of his or her most recent term on the Board. (c) Initial Directors.. Notwithstanding any other provision of these bylaws, the following rules shall apply to the Initial Board of Directors: (1) The initial Board of Directors shall consist of 7 Directors appointed by the Saratoga City Council. Two appointed Directors shall be appointed to terms expiring June 30, 2007 at which time the Directors will be replaced by elected Directors. Three appointed Directors shall be appointed to terms expiring June 30, 2005 at which time the Directors will be replaced by elected Directors. Two appointed Directors shall be members of the Saratoga City Council and shall serve at the pleasure of the City Council until June 30, 2003 at which time the appointed City Council Directors will be replaced by elected Directors. Any appointed Director may be nominated to be an elected Director following his or her appointed term. (2) The Council Directors shall be appointed by the City Council in any manner it may choose. A Council Director's term as Council Director expires upon the end of his or her term as Councilmember or upon the appointment of another City Council member by the City Council. If a Council Director's term as a Councilmember • 12 of 24 DRAFT -July 12, 2001 expires, a new Council Director shall be appointed to serve at the pleasure of the City Council in any manner it may choose. (3) In the event of a vacancy in any appointed Director's position, the City Council shall appoint a qualified person to serve the remainder of the term, provided, however, that if the vacancy occurs after June 30, 2003, the appointment shall be made by the Board of Dire~~tors and shall remain in effect until the next regular election of Directors at which time the members shall elect a qualified person to serve ,the remainder of the term. Section 5.03. Compensation. Directe~rs shall serve without compensation except that they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their regular duties. Directors may not be compensated for rendering services to the corporation in any capacity other than Director unless such other compensation is reas~~nable and is allowable under all applicable laws. Section 5.04. Meetings. (a) Notwithstanding any other provision of these Bylaws, all meetings and operations of the Board will be carried out in compliance with all applicable laws, including the Ralph I~/I. Brown Act (Government Code Sections 54950, et seq., hereafter "the Act"), insofar as the Corporation may be subject thereto. In the event of a conflict between these Bylaws and the Act, the Act shall govern. A conflict shall be deemed to exist ~~-hen it is not possible to comply with the minimum requirements of both the Act and the Bylaws. (b) Pla<:e of Meetings. All meetings of the Board shall be held at the principal office of Saratoga Community Foundation as specified in Section 1.01 of these Bylaws or such other place or places as designated by the Board of Directors. (c) Tirne of Regular Meetings. Regular meetings of Directors shall be held on the second Thursday of the months of January, April, July, and October at 7:00 p.m., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next Thursday. (d) Special Meetings. Special meetings of the Board may be called by the 13 of 24 • DRAFT -July 12, 2001 Chairperson or any two (2) Directors. (e) Quorum and Actions of the Board. A quorum of the Board of Directors shall consist of not less than fifty-one percent (51%) of the members of the Board or, if there are more than 15 members of the Board, not less than thirty-four percent (34%) of the members of the Board. Except as otherwise provided in the Articles of Incorporation; in these Bylaws or by law, every act and decision made by a majority of the Directors . present at a meeting duly held is an authorized act of the Board. (f) Conduct of Meetings. The Chairperson or, in his or her absence, any Director appointed by the Chairperson or, if no one is so appointed, as selected by the Directors present, shall preside at meetings of the Board of Directors. The Secretary or, in the Secretary's absence, any person appointed by the presiding officer, shall act as Secretary of the Board. Meetings shall be governed by such procedural rules as the board may from time to time choose to adopt insofar as such rules are not inconsistent with or conflict with these Bylaws, the Articles of Incorporation or federal, state or local law. (g) Adjournment. A majority of the Directors present may adjourn any meeting to another time and place. If the meeting is adjourned for more than twenty-four (24) hours, notice of the adjournment to another time or place must be given in accordance with law and provided to the Directors who were not present at the time of the adjournment prior to the time of the adjourned meeting. Section 5.05. Removal of Directors for Cause. The Board may declare vacant the office of a Community Director on the occurrence of any of the following events: (1) The Director has missed three (3) successive Board meetings without good cause; (2) The Director has been declared of unsound mind by a final order of court or upon the written certifications of two physicians licensed to practice medicine in the State of California; (3) The Director has been convicted of a felony or a crime involving moral turpitude; (4) The Director has been found by a final order or judgment of any court to have breached duties imposed by Section 7238 of the Corporations Code for Directors who perform functions with respect to assets held in a charitable trust. Section 5.06. Resignation of Director. Any Director may resign effective on giving written notice to the Chairperson or Secretary, unless the notice specifies a later 14 of 24 DRAFT -July l2, 2001 time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor ma;~ be elected to take office when the resignation becomes effective. Section 5.07. Vacancies on the Board. Vacancies on the Board of Directors exist on then death, resignation or removal of any Director,.and whenever the number of Directors ;authorized is increased. Vacancies shall be. filled by approval of the Board or, if the number of Directors then in office is less than a quorum, by the affirmative vote of a majority of the members voting at a meeting or by a written ballot. A person appointed try the Board to fill a vacancy shall hold office until the next regular election of Directors, at which time the members shall elect a Director to fill the remainder of the term. Notwithstanding the foregoing, vacancies created by an increase in the number of authorized Directors shall be filled only by a vote of the members. Section. 5.11. Duties of Directors. It shall be the duty of the Directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articl~;s of Incorporation of this corporation, or by these Bylaws; (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; and (e) Re;;ister their addresses with the Secretary of the corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. Section. 5.12. Interested Directors. Notwithstanding any other provision of these Bylaws, not more than forty-nine percent (49%) of the persons serving on the board may be interested persons. For purposes of this Section, "interested persons" means either: (a) Any person currently being compensated by the corporation for services rendered it within the' previous twelve (12) months, whether as a full- or part-time officer or other employee, irxdependent contractor, or otherwise, excluding any reasonable 15 of 24 C~ 7 • DRAFT -July 12, 2001 compensation paid to a Director as Director; or (b) Any brother, sister, ancestor, descendant, spouse, domestic partner, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. Section 5.13. Non-liability of Directors. The Directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. ARTICLE VI. OFFICERS Section 6.01. Number and Titles. The officers of SCF shall be a Chairperson, Vice-Chairperson, Executive Director, Secretary, and Treasurer, and such other officers with such titles and duties as shall be determined by the Board from time to time. The Executive Director is the general manager and chief executive officer of SCF. Any number of offices may be held by the same person, except the positions of Executive Director, Secretary, and Treasurer. Section 6.02. Appointment and Resignation. The officers shall be chosen by the Board and serve at the pleasure of the Board. Any officer may resign at any time on written notice to SCF. Section 6.03. Chairperson. The Chairperson shall preside at all meetings of the members and at all meetings of the Board of Directors. The Chairperson, together with the remaining Directors, shall seek ways to make SCF a more effective organization and better able to serve the needs of the community. The Chairperson shall be a member of the Board of Directors. Section 6.04 Vice-Chairperson. The Vice-Chairperson shall serve as Chairperson in the case when the Chairperson is unable to fulfill his or her duties. The Vice-Chairperson shall be a member of the Board of Directors. Section 6.05. Executive Director. The Executive Director shall be the chief executive officer of Saratoga Community Foundation and shall have general supervision, direction and control of the business and the officers of SCF. He or she shall have the general powers and duties of management usually vested in the office of president of a. corporation and shall have such other powers and duties as may be given by the Board of Directors or the Bylaws. The Executive Director may be a member of the Board of 16 of 24 DRAFT -July 12, 2001 Directors. Any action required by these bylaws to be performed by the Executive Director may be performed by an individual authorized to perform such act by the Executive Director. Section 6.06. Secretary. The Secretary shall keep br cause to be kept, at the . pri-ncipal executive office or such other place as the.Board of Directors may direct, a ~ • book of minutes of a:ll meetings and actions of Directors, committees of Directors, and Members with the time and place of holding, whether regular or special and, if special, how authorized, the notice given, the names present at Directors' Meetings or committee meetings, the numbe~--of Members present or represented at Members' meetings and a record of the proceecdings. The Secretary shall keep or cause to be kept at the principal executive office or such place as determined by a resolution of the Board of Directors a record of Members s1.lowing the names of all Members and their addresses. The Secretary or, if the Secretary is absent or unable to act or refuses to act, any other officer of SCF shall give or cause to be given notice of all meetings of the Members, of the Board of Directors, and of committees of the Board of Directors, required by the Bylaws or by law to be given. The Secretary shall have such other powers and perform such other duties as may be prescribed b}' the Board of Directors or by the Bylaws. The Secretary may be a member of the Board of Directors. Section 6.07. Treasurer. The Treasurer shall keep and maintain adequate and correct books an~i records according to generally accepted accounting principles applied on the cash method of accounting. The books and records shall, at al] reasonable times, be open to inspection by any Director or officer. The Treasurer shall deposit all money and other valuables in the name and to the credit of SCF with such depositories as may be directed by the Board of Directors. He or she shall disburse the funds of SCF as may be ordered by the Board of Directors. He or she shall render to the Board of Directors, at their regular meetings or at other such times as they shall direct, an accounting of the fin,~ncial activities and of the financial condition of SCF. The Treasurer shall be responsible f'or the preparation or shall cause to be prepared all required tax filings, whether annual or otherwise. In addition, the Treasurer shall, at the direction of the Board, cause to be prepared, on an annual basis, a financial statement by a certified public accountant. H~; or she shall have such other duties as may be prescribed by the Board of Directors or by the Bylaws. The Treasurer may be a member of the Board of Directors. ARTICLE VII. CORPORATE RECORDS AND REPORTS Section 7.01. Maintenance of Corporate Records. The corporation shall 17 of 24 • y DRAFT -July l2, 2001 keep at its principal office in the City of Saratoga in the State of California: (a) Minutes of all meetings of Directors and committees of the board, indicating the time and place of holding such meetings, whether regular or special, how _ called, the notice given, and the names of those present and the proceedings thereof; (b) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (c) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members of the Board of Directors at all reasonable times during office hours. Section 7.02. Corporate Seal. The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. Section 7.03. Directors' Inspection Rights. Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and docume7ts~of every kind and to inspect the physical-properties of the corporation. Section 7.04. Right to Copy and Make Extracts. Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts. Section 7.05. Annual Report. The Board shall cause an annual report to be furnished not later than one hundred and twenty (120) days after the close of the corporation's fiscal year to all Directors and Members of the corporation, which report shall contain the following information in appropriate detail: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the corporation ,both unrestricted and 18 of 24 DRAFT -July 12, 2001 restricted to particular purposes, for the fiscal year; (d) They expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year; (e) Anv information required by Section 7.06 of this Article. The annual report shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the corporation that such statements were prepared without audit from the books and records of the corporation. Section 7.06. Annual Statement of Specific Transactions. (a) SCF shall mail or deliver to all Directors and Members a statement within one hundred and twenty (120) days after the close of its fiscal year which briefly describes the amount and circumstances of any indemnification or transaction in which the corporation, or its parent or its subsidiary, was a party, and in which any Director or officer of the corporation, or its parent or subsidiary (a mere common Directorship sl-all not be considered a material financial interest) had a direct or indirect materi;il financial interest. This statement need only be provided with respect to a transaction during the previous fiscal year involving more than FIFTY THOUSAND-1~OLLARS ($50,000) or which was one of a number of transactions with the same ~~ersons involving, in the aggregate, more than FIFTY THOUSAND DOLLARS ($`0,000). Similarly, the statement need only be provided with respect to indemnifica~:ions or advances aggregating more than TEN THOUSAND DOLLARS ($10,000) paid during the previous fiscal year to any Director or officer, except that r~o such statement need be made if such indemnification was approved by the Board of Directors in accordance with law. (b) Any statement required by this Section shall briefly describe the names of the interested persons involved in such transactions, stating each person's relationship to the corporation, the nature of such person's interest in the transaction and, where practical, the amount of such interest, provided that in the case of a transaction with a partnership of which such person is a partner, only the interest of the partnership need be stated. Section 7.07. Record of Financial Statement. A copy of the annual financial statement of Saratoga Community Foundation of each fiscal year and any 19 of 24 • • DRAFT -July I2, 2001 accompanying balance sheet as of the end of each such period that has been prepared for SCF shall be kept on file in the principal executive office of SCF for twelve (12) months following its approval by the Board of Directors. Each such statement shall be exhibited at all reasonable times to any Contributor demanding an examination of the statement or a copy shall be mailed to any Contributor. SCF shall, on written request of any Contributor, mail to the Contributor a copy of the last annual balance sheet as of the end of that period. Balance sheets referred to in this Section shall be accompanied by the report, if any, of an accountant engaged by SCF or the certificate of an authorized officer of SCF that the financial statements were prepared without audit from the books and records of SCF. Section 7.08. Records of Minutes and Proceedings. SCF shall keep adequate and correct records of account and minutes of the proceedings of its Members and Board. The minutes shall be kept in written form. Other books and records shall be kept in either written form or in any other form capable of being converted into written form. ARTICLE VIII. COMMITTEES Section 8.01. Makeup of Committees. The Board of Directors may establish any number of Committees as the Board may deem appropriate. These Committees may act as advisors to the Board in any area or areas of expertise, as determined by the Board. Each Committee shall have at least one (1) member from the Board of Directors. The balance of each. Committee may be made up of other members of the Saratoga community appointed by the Board of Directors. Section 8.02. Initial Committees of the Board. The initial Committees established by the Board shall be: (1) Executive Committee; (2) Grants Committee; (3) Development Committee; (4) Investment Oversight Committee; and (5) Community Relations Committee. Section 8.03. The Executive Committee shall consist of the Chairperson, Vice-Chairperson, Executive Director, Secretary, Treasurer, and one other member of the Board of Directors. This Committee shall perform the administrative function of SCF and implement Board policy. The Executive Committee shall submit to the Saratoga City Council, no later than December 31, 2001 a five year strategic plan for SCF including, at a minimum: (a) a mission statement consistent with the purposes of SCF set forth in these bylaws; (b) fundraising goals for the each of following five years; and (c) an investment plan that provides for establishing along-term endowment as well as supporting existing 20 of 24 DRAFT -July 12, 2001 community needs. Section 8.04. Meetings and Action of Committees. Meetings and actions of committees shall tie governed by, noticed, held and taken in accordance with the provisions of the Bylaws concerning meetings of the Board of Directors, with such changes in the contea:t of such Bylaw provisions as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for regular meetings of committees may be fixed by resolution of the Board of Directors or, in the absence of such resolution, by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the exi:ent that such rules and regulations are not inconsistent with the provisions of the Bylaws. ARTICLE IX. INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS Section 9.01. Indemnification Authority. The Saratoga C ommunity Foundation shall, to 1:he maximum extent permitted by the California Corporations Code law, have power to ir-demnify each of its agents against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any proceeding arising b}' reason of the fact any such person is or was an agent of SCF and shall have power to advance to each such agent expenses incurred in defending any such proceeding to the maximum extent permitted by law. For purposes of this Article, an agent of SCF includes any person who is or was a Director, officer, employee or other agent of SCF or is or was serving at the request of SCF as a Director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, or was a Director, officer, employee or agent of a corporation that was a predecessor corporation of SCF or of another enterprise at the request of such predecessor corporation. ARTICLE X. EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS Section 10.01. Execution of Instruments. The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on beha:~f of the corporation, and such authority may be general or confined to specific amounts or instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement 21 of 24 - DRAFT -July 12, 2001 or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 10.02. Checks and Notes. Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the corporation shall be signed by the Treasurer and countersigned by the executive Director of the corporation. Section 10.03. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 10.04. Gifts. The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation. ARTICLE XI. MISCELLANEOUS Section 11.01. Annual Statement of General Information. Saratoga Community Foundation shall each year during the calendar month in which its Articles of Incorporation were originally filed with the California Secretary of State or during the preceding five (5) calendar months, file with the Secretary of State on the prescribed form a statement setting forth the authorized number of Directors, the names and complete business or residence addresses of all incumbent Directors, the names and complete business or residence addresses of the Chairperson, Vice-Chairperson, Executive Director, Secretary and Treasurer, the street address of its principal executive office and principal business office in the State, and the general type of business constituting the principal business activity of SCF together with the designation of the agent of SCF for the purpose of service of process, all in compliance with Section 1502 of the Corporations Code of California. Section 1 1.02. Insurance. The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation (including a Director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to self-dealing asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under law. • 22 of 24 DRAFT -July 12, 2001 ARTICLE XII. AMENDMENTS Section 12.01. The Bylaws may be adopted, amended or repealed by the affirmative vote of a majority of the members voting in an election held in accordance with these bylaws. AR'CICLE XIII. CITY COUNCIL RATIFICATION Section i 3.01. Until June 30, 2003 the following actions by the Board of Directors or the members of the Corporation shall not take effect until ratified by the Saratoga City Council: (a) Any change in the address of the principal office specified in section 1.01. (b) Any action that establishes a minimum dues payment for members in excess of $100. (c) Any increase in the authorized number of Directors on the Board of Directors (d) Any decision that would preclude a member of the City Council from serving on the Executive Committee. (e) Any amendment to these bylaws. This Article shall be ~~f no further force and effect and shall, by its terms, be removed from these Bylaws on July 1, 2003. WRITTEN CONSENT' OF DIRECTORS ADOPTING BYLA WS We, the undersigned, are all of the persons named as the initial directors in the Articles of Incorporation of the Saratoga Community Foundation, a California nonprofit corporation, and, pursuant to the authority granted to the directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, anti hereby do, adopt the foregoing Bylaws, consisting of 24 pages, as the Bylaws of this corporation. . Director . ,Director • r~ L • 23 of 24 • Director Director Director Dated: DRAFT -July IZ, Z001 Director Director CERTIFICATE This is to certify that the foregoing is a true and correct copy of the Bylaws of the corporation named in the title thereto and that such Bylaws were duly adopted by the Board of Directors of said corporation on the date set forth below. Dated: Secretary 24 of 24 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: February 27, 2001 ORIGINATING DEPT: City Attorney AGENDA ITEM CITY MANAGER: PREPARED BY: Richard Taylor- SUBJECT: Draft Bylaws and Board Recruitment for Saratoga Community Foundation RECOMMENDED ~-CTIONS: Review bylaws and provide direction to staff regarding bylaws and recruitment of Board members. STAFF REPORT: Summary At its meeting of January 17, 2001, the City Council directed staff to proceed with formation of a Comml~nity Foundation to support a broad range of community interests in the City of Saratoga. "(~ouncil directed that the Foundation be organized and supported initially by the City in a manner that would facilitate its ultimate transition into an independent entity. Tlie attached bylaws represent a proposed structure that would allow the City to accomplish these objectives. If the bylaws are acceptable to the Council, staff can proceed with the various steps necessary to form the foundation and to begin recruitment of board members for the foundation. The key policy questions raised by this matter are (1) whether the bylaws should formally provide for v,irious classes of "participation" by Foundation donors, (2) the size and composition of the: Board of Directors, (3) the manner of recruitment for members of the Board of Directors,, and (4) the manner in which the Foundation will be staffed. The first two issues are addressed in the following discussion of the draft bylaws. The second two issues are discussed at the conclusion of this staff report. • C] s f f Draft Bylaws The following is a summary of the key provisions of each article of the draft bylaws. Article I of the bylaws would simply establish that the principal office of the Foundation would be in Saratoga. Initially, City Hall would be designated as the principal office. The City Hall designation could be changed by the Foundation Board. in the future without amending the bylaws. Article II of the bylaws sets forth the broadest possible statement of purpose for the Foundation. This will allow the Foundation a high degree of flexibility in funding a broad range of programs benefiting community. Articles III and IV~ of the bylaws are intended to create a formal role for major donors of the Foundation. These provisions are not required by law and could be adopted by action of the Foundation Board of Directors. Including these provisions in the bylaws, however, would serve to demonstrate the Foundation's commitment to fostering a high degree of participation in Foundation activities by major donors to the Foundation. This approach is used in the Los Altos Community Foundation. Articles III and IV establish that donors meeting certain qualifications will be formal "Particpants" in the Foundation with the right to participate in an annual meeting and to review Foundation records. The bylaws establish three classes of participation. The qualifications to be a participant in one of the designated classes would be established by the Board of Directors. The bylaws specify that being a participant does not subject the participant to liability for the acts of the Foundation and that -- other than the dues required to become aparticipant -- the participants cannot be subject to assessments to cover Foundation expenses. Article V of the bylaws governs the structure and duties of the Board of Directors. The article authorizes a Board of 7 to 35 directors and requires that at least two members of the Board be members of the City Council. Any changes to the specific number of directors within the authorized range would be proposed by a 2/3 vote of the Board and would require City Council approval. This approach gives a high degree of flexibility, allowing the Council to initially appoint a 7 member Board and then await guidance from that Board as to the optimal size of the Board once the Foundation is established. Alternatively, the bylaws could be drawn more narrowly to specify a specific number of Board members. Of course, the bylaws could also specify that the Board must include a different number of City Council members. Article V also addresses a number of procedural issues concerning the Board of Directors. To promote continuity it provides that Directors will serve staggered terms . 2 To avoid excessive cc-ntinuity it establishes a term limit of two consecutive terms. The Article provides that ]3oard members may not be compensated for their services as Directors but may be reimbursed for their reasonable expenses and, under some circumstances, maybe compensated for their non-director services to the Foundation. As discussed in the Januairy 17, 2001 staff report, all Board meetings will be subject to the Brown Act. Finally, ,~rtilce V establishes procedures for removal and replacement of Directors and sets forrh the fundamental duties of the Board members in accordance with state law. Article VI establishes the officers of the Foundation. These are the officers typical of any organization: Chair, Vice-Chair, Secretary, Treasurer and Executive Director. The Chair and Vice-Chair must be members of the Board of Directors. The remaining officers ma.y be members of the Board of Directors; this is intended to allow flexibility over the life of the Foundation. In some organizations the bylaws specify that the Executive Director is anon-voting member of the Board. As the draft bylaws have been prepared, the role of the Executive Director on the Board would be within the Board's discretion. Article VII est~iblishes various requirements to maintain the Foundation's accountability to its d~~nors. The article sets forth basic recordkeeping=requirements and requires preparation of annual reports. Article VIII governs the various Committees that will or may be established by the Foundation. It establishes an Executive Committee responsible for working with the Executive Director on the day-to-day operations of the Foundation. As drafted, the Executive Committee would consist of the Chair, Vice-Chair, Secretary, Treasurer and Executive Director. ?.n alternative would be to include the chairs of the various other committees. This approach promotes greater awareness of the activities of the various committees but make~~, the structure of the Executive Committee more unwieldy. The function of coordinati:~ng the various committees will be served in part by the requirement in the draft bylaws that all committees include at least one member of the Board of Directors. . Article VIII also establishes a Grants Committee, Education Committee, Investment Oversight Committee, Community Relations Committee, and a Newsletter Committee. Establishment of these committees could be left to the discretion of the Board. Because these committees cover the range of activities considered necessary for operation of a successful community foundation, however, they are included as mandatory in the draft: bylaws. The remaining articles govern various administrative and legal actions of the 3 Foundation. Article IX gives the Foundation the authority to indemnify its directors, officers and other agents against liability that may arise in the course of performing their duties on behalf of the Foundation. This language is typical for most organizations and the indemnification it authorizes is often essential in order to persuade individuals to serve as Board members. Article X governs the financial operations of the Foundation. Article XI ensures the availability of financial statements and compliance with state laws concerning recordation of Director information with the Secretary of State. Article XII allows amendment of the bylaws but only with the approval of the City Council.. Recruitment of the Board of Directors In order to proceed with establishing the Foundation it will be necessary to appoint a Board of Directors to implement the bylaws and file the various organizational documents with the relevant state and federal agencies. Recruiting an effective Board is widely considered to be one of the most important elements in establishing a successful community foundation. Typically, Foundations seek Board members with demonstrated interest in community welfare and one or more of the following qualities: strong managerial and organizational skills, demonstrated fundraising capacity, and the ability and willingness to contribute the time and resources necessary to achieve specific objectives of the Foundation. Once the Council has agreed upon the bylaws, it would be appropriate for staff to begin recruiting candidates for the initial Board of Directors. This recruitment and selection process would be handled in a manner similar to the process for the City Commissions. Foundation Staffing Staff is seeking guidance from Council as to the manner in which the Foundation should be staffed. Recruitment of directors, pursuing grant funds, developing a community outreach program, and developing relationships with major donors will require a significant amount of time. Many of these functions could be served by volunteers, staff or consultants retained by the Foundation using an initial grant from the City or initial community contributions, or by City staff. If volunteers are used, there will be a need for some staff support for coordination purposes. No appropriations for the Foundation have been made in the budget for the current fiscal year. Staff recommends that the Council discuss the various options for staffing Foundation operations and provide further direction to staff. • 4 FISCAL IMPACTS: If the b laws area roved there will be minor costs incurred in Y PP preparing the remaini~lg organizational documents. There will be as yet undetermined . costs associated with s~dministration of the Foundation. ADVERTISING, NCITICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): . The City would not play a role in establishing a Saratoga Community Foundation. FOLLOW UP ACTIONS: Staff will implement Council direction. ATTACHMENTS: Draft Bylaws for the ~~aratoga Community Foundation • • 5 r,~ i :~ • • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING DEPT: Community Development AGENDA ITEM: CITY MANAGER: ~~ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: HOUSING TRUST FUND CONTRIBUTION RECOMMENDED ACTION (S): 1. Make a pledge to contribute $25,000 in fiscal year 2001-02 to the Housing Trust Fund of Santa Clara County. 2. Adopt the attached Resolution amending the 2001-02 fiscal year budget by allocating $25,000 from budgeted contingencies. 3. Authorize the City Manager to execute an agreement with the Housing Trust Fund for the City's contribution. REPORT SUMMARY: The Trust has set a goal of $20 million in voluntary contributions with the possibility of looking at long term permanent funding if this initial effort is successful. They hope to meet this goal by July 31, 2001. Once the Trust reaches the $20 million goal, it can start awarding funds for their affordable multiple-family housing projects, first-time homebuyer assistance and homeless housing programs. As of June 25, 2001, contributions to the Housing Trust Fund total $19.3 million, so the Trust is now only $700,000 short of their goal. The Ciry of Mountain View's proposed contribution of $250,000 this fiscal year and another $250,000 next fiscal year will put the Trust within $200,000 of reaching their goal. Some Cities have required certain restrictions as part of their agreement with the Housing Trust and most, if not all, contributing cities have required that their contributions be spent in their city. The Ciry Council may want to consider making this stipulation as part of Saratoga's agreement with the Trust. Within in Santa Clara County, the Cities of Saratoga, Los Altos, Los Altos Hills and Gilroy have not yet committed to making a contribution to the Trust. Saratoga's contribution may help influence the other three cities to contribute. • i N' FISCAL IMPACTS: The contributions can be funded from budgeted contingencies. The fiscal impact will be minimal. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): The most significant consequence of not contributing is that the Ciry of Saratoga will not be a player at the table. ALTERNATIVE ACTION (S): The City Council has multiple options including: 1. The Council may decide not to participate in the program. 2. The Cour.icil may adjust the funding level. 3. The Cour.~cil may decide to agree to participate for multiple years. FOLLOW UP ACTIOrT (S): • Prepare and execute th~° agreement between the City and the Housing Trust Fund of Santa Clara County. ADVERTISING, NOTI~~ING AND PUBLIC CONTACT: I~TOt Applicable ATTACHMENTS: Draft Resolution amending the 2001-02 fiscal year budget ~J t~~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAHING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001-02 BUDGET WHEREAS, the City Council adopted Resolution No 01-036 adopting the budget for Fiscal Years 2001-02 and 2002-03 on June 6, 2001; and WHEREAS, subsequent to the adoption of said Resolution, the City Council is requested to make changes to the City's budget; and WHEREAS, the City wishes to contribute $25,000 to the Housing Trust Fund of Santa Clara County, and WHEREAS, there are sufficient budgeted contingencies to fund the contribution, and WHEREAS, the City Council has considered the request of the Trust and believes that contributing $25,000 will be in the best interests of the City. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to establish a contribution to the Housing Trust Fund of Santa Clara County, using budgeted contingencies. AND BE IT FURTHER RESOLVED, the above adjustment to the City of Saratoga's Fiscal Year 2001-OZ budget will be made using the following entries: FROM: 001-1010-511-5002 (Contingencies) TO: 001-1005-511-4070 (City Council) The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of July, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk ~. • • • i • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: I CITY MANAGER: ~~ DEPT HEAD: SUBJECT: Proposal for preparation of aSaratoga-Sunnyvale Road Corridor Design Guidelines (Gateway) RECOMMENDED ACTION(S): Approve proposal from Greg G. Ing & Associates in the amount of $39,680.00 for preparation of for the Saratoga-Sunnyvale Road Corridor Design Guidelines (Gateway) and authorize the City Manager execute a Professional Services Agreement for the same. REPORT SUMMARY: Recently, the Gateway Task Force created in 1996 have held meetings with interested residents and business owners to discuss the future development of the Saratoga-Sunnyvale Road. A consensus was reached from the Task Force using the original ideas developed in 1996 as a template for inclusion into the Saratoga-Sunnyvale Road project, with emphasis in the gateway area. The Task Force decided to move forward separately with the design of the public improvements, while continuing to work with the Community Development Department to complete the business/residential design guidelines of the Gateway Specific Plan. Greg G. Ing & Associates, who submitted the low cost proposal for the Saratoga/Sunnyvale Road Improvement Project, has assembled a team which includes Design Studio West, a nationally recognized planning and engineering design fim1, as well as local engineering firm, Allied Engineering, Inc. The City Council awarded a contract to and Greg G. Ing & Associates to complete the road improvement design and engineering. At that meeting, the City Council expressed concern that the Street Improvement Project and the Gateway Design Project be integrated so that time is not lost on one project waiting for the other to be completed. The Public Works Director and I requested a quote from Greg Ing & Associates to include design guideline development in the contract already awarded by the City Council. It is therefore recommended that Council approve a proposal from Greg G. Ing & Associates in the amount of $39,680 for preparation of Design Guidelines for the Gateway Project which will e 4 complement the Saratoga-Sunnyvale Road Improvement Project, and authorize the City Manager execute a Professional Sf;rvices Agreement for the same. Greg G. Ing & Associate estimate that the Gateway Design guidelines can be completed nine to ten months following contract issuance. The Final Design Guidelines will include: 1. Goals for the Corridor 2. Street and. Pedestrian Environment 3. Architect~~ral Guidelines 4. Landscape 5. Signage FISCAL IMPACTS: Funding for this work is l~rogranuned in the adopted budget in C.I.P. No. 9201, Saratoga- Sunnyvale Road Improvements, Account No. 4010 (Contract Services). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposal would not b~e approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A professional services al;reement will be prepared staff and executed by the City Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Cost Proposal for the Saratoga-Sunnyvale Road Corridor Design Guidelines • 2 of 2 ~~ ~{ ul 11, 2001 Jy Mr. Thomas Sullivan, AICP Community Development Director City of Saratoga 13777 Fruitvale Avenue _ Saratoga, California 95070 RE: LETTER OF PROPOSAL SARATOGA SLTNNYVALE ROAD CORRIDOR DESIGN GUIDELINES, SARATOGA, CALIFORNIA Dear Mr. Sullivan: On behalf of Greg G. Ing & Associates (GIA) and Design Studios West, Inc. (DSW) I am pleased to submit this Proposal to you and the Public Works Department for the Saratoga/Sunnyvale Road Comdor Design Guidelines. In submitting this proposal to you we understand that we will work jointly with you and Public Works Director, John Cherbone as prime contacts for the City for this Design Guidelines portion of the Comdor Planning and Design. We see the Comdor Design Guidelines as a timely and logical extension of the Saratoga-Sunnyvale Road Streetscape Capital Improvements Project that can extend the positive influence of those public improvements beyond the public street right-of-way. We are honored to have the opportunity to work with you, the Public Works Department and the citizens of the Saratoga-Sunnyvale Road Comdor in planning for the development of the Comdor as an outstanding community asset. We believe that by including the Design Guidelines as a Improvements project that occurs simultaneously with that other in terms of design concepts and efficiency in mee Therefore we have organized our proposed work effort to outlined in our proposal for the Capital Improvements project, DESCRIPTION OF PROFESSIONAL SERVICES n integral component of the Capital project, each project can inform the tings with staff and with the public. correspond with the phases of work Based on our experience working with similar projects, we have prepared the following brief scope of services that outlines our preliminary planning work leading up to and including the preparation of a design guideline document that can be adopted by City Council. 1.0 PROJECT ORGANIZATION AND SCHEDULE GIA/DSW will lead team efforts related to design guideline work in overall preliminary planning and project organizational work in close coordination with the activities scheduled for the Capital Improvements project. Those activities include participation related to design guidelines in team plannug strategy meetings, outlining of final work program and participation ui preparation of the Mr. john Cherbone jWy ii, Zoos Page 2 project schedule/timeline to coordinate work products with staff review meetings and public presentations. Products: Coordinated Work Program and Schedule incorporated within Final Work Program and Schedule/Timeline. 2.0 INVENTORY ANI> ANALYSIS GIA/DSW will actively ;participate in background research of existing information, visual photo documentation of existing conditions of the Comdor in close coordination with the our team's work for the Capital Improvements project. That coordination will ensure that our work will not duplicate inventory and analysis efforts but will be focused on inventory specifically related to the design guidelines, such as building facades, and other site features that occur adjacent to the street right-of- way. Current planning and design documents will be reviewed to become familiar with design parameters that may be i:~n place through other land use, zoning or other ordinances, pubic works design standards and related planning and design criteria. We will also coordinate formatting of project base map information, prepared as part of the Capital Improvements project, tee incorporated information that may be germane to the design guidelines effort. We will then prepare an Opportunities and Constraints Plan including color diagrammatic plan illustrations, site photos and selected images from similar projects to summarize site conditions and comdor design potential that is related to the design guidelines. Products: Oppomini.ties and Constraints Summary Plan illustrated with site photos and selected comparable project images. 3.0 DESIGN DEVELOlP1VIENT 3.1 Concept Design The Inventory and Anal}5is work will identify the design issues to be addressed in the Concept Design phase of work. W~~rking in conjunction with the generation of Concept Design Alternatives for the -Capital Improvements, we will also look at how alternative approaches for the Design Guidelines might further c~nhance the design effect of proposed Concept Design alternatives. Based on the issues identified in the Inventory and Analysis work and the Concept Design Alternatives we will prepare a Preliminary Outline of Design Guideline content. Based on our familiarity with similar projects and review of th.e current Sarato~x Village Design Guidelir,~s, we feel that as a baseline, an preliminary outline of topics should include: R. Goals for the Corridor B. Street alid Pedestrian Environment G Architectural Guidelines D. Landscape E. Signage ~` • • • c~anrmoa5~retVm~mi~oikoJo~ ~~~.a« ~~ Mr. John Cherbone July ii, Zoos Page 3 We feel that the Prelimin Outline of Des' n Guidelines content comes onds with the ~' ~ P development of Improvement Program elemenu. Since there can be awide-ranging interpretation of guideline topics and priorities, we propose that the initial Preliminary Outline be presented to gauge public sentiment and garner input in an interactive Public Workshop. That workshop is scheduled as the Conceptual Design Workshop for the Capital Improvemenu project and would provide the opportunity to review and confirm Goals for the design guidelines portion of the project as well as to review Conceptual Alternatives. In order to distinguish public preferences for, design approaches and levels of improvemenu, we propose that second Public Workshop include a visual preference survey component to garner input for the design guideline component of the project. We feel the visual preference survey is an effective tool in narrowing the focus of design guideline efforts to those most-important issues/elemenu that have the most beneficial impact in street comdor image. Survey resulu would then be summarized and used to prioritize and direct design guideline focus and content. Products: Public Workshop # 1 -Goals, Design Guidelines Outline; Goals, Preliminary Outline of Design Guidelines; Public Workshop # 2 -Visual Preference Survey, Visual Preference Survey Summary. 3.2 Preliminary Design Throughout the Preliminary Guideline Phase, we will continue to coordinate design guideline work closely with the Saratoga/Sunnyvale Road Streeucape Improvemenu project and the Community Development Department to coordinate preliminary recommendations with design recommendations that are being generated for that design effort. A third Public Meeting will be held to present Preliminary Guidelines and receive public comment. The Preliminary Design Guidelines will be prepared and distributed in draft form for Community Development Department Review for City redline commenu. The Preliminary Design Guidelines draft will include draft recommendation content and preliminary. graphic illustrations of proposed concepu. Following review of the Preliminary Guidelines, we will meet with the Community Development Department to gather and discuss redline comments, garner input as to the general direction and specific recommendations for incorporation and refinement. Products: Preliminary Draft Design Guidelines; Public Meeting # 3-Preliminary Draft Presentation 3.3 Final Draft Design Guidelines Based on input provided by the City in written redline commenu to the Preliminary Design Guidelines and commenu received at the third Public Meeting, we will incorporate revisions to amve at a Final Draft Design Guidelines package. The Final Draft will include written revisions to guidelines in response to general commenu and suggested specific language changes, as well as refinemenu to graphic illustrations provided to further communicate guideline intent. That Final Draft will be delivered as printed draft copies of the guidelines document and presented to the G\IX7NDOW5\TEMP\071t011e[oJohn ~e+bone.doc :~ Mr. john Cherbone j~ty tt, Zoot Page 4 Communi Develo ment De artment in an informal meetin that allows discussion of than es tY P P g g incorporated to address comments received in response to the Preliminary Guidelines. Following that presentation, final written redline comments can be prepared by the Community Development Department for iricorporition in the final Design Guidelines Document. We will deliver copies of that final revised documeint to the Community Development Department for distribution to the Planning Commission anti City Council as part of adoption proceedings and following adoption will deliver 50 printed copies stnd one digital version of the guidelines for future additional printing . needs. Products: Final Draft Design Guidelines; Public Meeting # 4 -Planning Comrission Presentation (Public Meeting # 5 -City Council, included under Capital Improvements project) PROFESSIONAL FEE Our professional fee for this work, exclusive of reimbursable direct expenses shall be $39,680.00. A more detailed work program and including estimated Hours and Staffing is included in the- attached Cost Proposal. Reimbursable direct expenses shall be billed at cost separate from and in addition to the professional fee. • ADDITIONAL SERVICES Both parties, prior to proceeding with work, will perform any additional services beyond the scope of this agreement only underwritten approval. Any revisions to the final designs after they have been approved will be considered additional services and will be billed on a time and material basis in accordance with the att;~ched hourly rate schedule. PAYMENT SCHEDULE: Services performed will be billed monthly as percentage of work is completed. All invoices are due upon receipt. Upon 14 days after invoice date, the invoice will be considered past due and accrue interest at the rate of 1-1/2% per month or 18% annually. All work will stop after 14 days past clue. 2. Direct expenses are in addition to the compensation for professional services, and shall include the actual c>xpenditures made by GIA in the interest of the project at a-cost plus 30%. Direct expe~~ses include the following: Blueprints, photocopies, CAD plots, postage and shipping, fax and long distance phone calls, film, mileage at .46 mile, traveling expenses, lodging, etc. c~artr.IDOas~~t,-m~o~~toi~oJo~ ~~bo~.a« .~ e Mr. john Cherbone - jwy 11, 2ooi Page 5 3. Should either commence an li ~ ation hereto the revailin in such liti anon Pte' Y ~ ~ P g P~3' g shall be entitled to reasonable attorney's fees and costs as determined by the court of jurisdiction. . :_ `_ 4. Limitation of liabilityis the compensation paid to Greg G. Ing & Associates. 5. "Landscape architects are licensed by the State of California." >. . 'TIME FRAME OR SCf~DULE " "`~'- The estimated time frame to complete tlie`landscape design will take approximately nine to ten (9) to (10) months from the issuances `of the design contract. Upon the signing of the contract Greg G. Ing & Associates will deternune a specific project timetable at the commencement of the project with city staff. Greg G. Ing & Associates takes no responsibility for the client's time to make decisions upon reviewing plans submitted for client's approval and direction. Greg G. Ing & Associates upon being selected will provide the City of Saratoga with all insurance certificates prior to execution of the contract. ' r This proposal will be honored for 60 days from the date it was prepared after it shall become null and void. Respectfully Submitted, Greg G. Ing & Associates Steven J. Kikuchi, Landscape Architect ~# 2066 • c~~~r,~oa~s~~t,-m~o~iioikoJo~ ~,~~.aa Mr. John Cherbone July ii, Zoos Page 6 COST PROPOSAL Description of Professior-al Services: :~ ~ ~'r: 1.0 PROJECT ORGATIIZATION AND SC.I-iEDUL.E DSW 12 hrs.. x $120 - 'i lx 2.0 INVENTORY ANI) ANALYSIS ~ ~, . . Background. research of existing information Visual documentation of the areas Analysis of ;tdjacent land uses DSW 24 hs. x $ 120.00 ~ ° -"'4' DSW 6 hrs. x $ 90.00 _ . _ DSW 20 hrs. x $ 70.00 -Su~al 3.0 DESIGN DEVELOPMENT ~~.e~- 3.1 Conceptu,~l Design Public Worlshop # 1-Goals, Preliminary Outline . . Design Guidelines Goals, Preliminary Outline J "" Public Worlshop # 2 -Visual Preference Survey .=='4~ Visual Preference SurveySununary _ _ _ DSW 19 hrs. x $' 120.00 , -~ DSW 16 hrs. x $ 90.00 DSW 23hrs. x $ 70.00 Krkud~i 10 hrs. x $ 137.50 Sulxaral 3.2 Preliminary Design Guidelines Character acid identity studies for the gateways and comdor. Refinement of the outline design guidelines into a preliminar}' guidelines. Community Meeting # 3 -Preliminary Design Guidelines . DSW ~ 1 hrs. x $ 120.00 DSW 27h>s. x $90.00 DSW 24 hn. x $ 70.00 _. Krkr~ii 10 hn. x $ 137.50 Subtotal 3.3 Final Desgn Guidelines •~ Further refinement of the preliminary design guidelines into,the final form Meeting with staff to review final design guidelines comments. Public Meeting.# 4 -Planning Commission Presentation Presentation to Ciry Council. ~ • $ 1,440.00 $ 2,880.00 $ 540.00 1400.00 $4,820.00 $ 2,280.00 $1,440.00 $1,610.00 1375.00 $6, 705.00 $ 6,120.00 $ 2,430.00 $1,680.00 1375.00 $11,605.00 DSW 44 h>s. z $ 120.00 _ _ $ 5,280.00 DSW 61hn. x $ 90.00 ~ ` `~ ~~ $ 5,490.00 DSW 62hrs. x $ 70.00 4 340.00 Total Sral $15,110.00 .:l ~` $39,680.00 i e • • r~ e~ve~:~moa~s~-rE~~miioi~wJo~ ~eibone.d« l1: SAItATOGA CITY COUNCIL MEETING DATE: July 18, 2001 AGENDA ITEM: I ORIGINATING DEPT: City Manager's Office CITY MANAGER: of ~~~~ PREPARED BY: Lorie Tinfow DEPT HEAD. -L' ~~ ~ :(.1; SUBJECT: Saratoga Public Library Project -Award of Construction Contract for Phase I RECOMMENDED ACTION(S): Move to award a construction contract to Gen-Con Inc. in the amount $1,697,000 and authorize the City Manager to execute the same. . Move to authorize staff to execute change orders to the contract up to $135,000. REPORT SUMMARY: Sealed bids for the Saratoga Public Library Project Phase I were due and opened on July 12, 2001, at 10:00 am. We received 3 bids: Compan~~ Name Total Base Bid Gen-Con Inc. $1,697,000 McCrary Construction Co. $2,061,000 HRB Construction $2,305,420 The cost estimate provided by Field Paoli Architecture for Phase I was $1.532 million. Construction project management firm Gilbane has worked with Gen-Con Inc. in the past and is currently working with them on another project. Their experience has been positive. Architect Mark Schatz also worked with Gen-Con, although not recently, and had less than a good experience with the job superintendent. Both Gilbane and City staff have talked with Gen-Con's president about concerns and have been reassured that a competent superintendent will be assigned to the library project. While all bids exceeded the architect's cost estimate, neither Gilbane nor Field Paoli are recommending that we reject all bids in favor of a second bid process. They are pessimistic about getting better bids even with more time and don't believe that the tradeoff in time is worth the risk. The low bid does fall within the +/-$300,000 target window recommended as the threshold for rebidding the project. ~. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget in CIP No. 0103 Library Expansion -Account No. 4010 Contract Services. CONSEQUENCES O:E NOT FOLLOWING RECOMMENDED ACTION(S): Construction of library expansion project would be delayed and.the cost resulting from rebidding the project could be higher than the recommended bid. ALTERNATIVE ACTION(S): Reject the three bids and initiate an additional bid solicitation process and project timeframe. FOLLOW UP ACTIO-N(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin in August 2001. ADVERTISING, NOTICING tiND PUBLIC CONTACT: ~~ Nothing additional. ATTACHMENTS: Copies of the three bid documents. la • 2 of 2 SECTION 00410 Bid Form Sarato a Communi Libr g ty ary Pro~eet City of Saratoga Bid Deadline: 10:00 AM PST on the 12`~ day of July 2001. Bids will be publicly opened and read at 10:00 AM PST on 12'h day of July 2001. ........ tdders must submit bids for all Base Bid items for this bid proposal to be considered responsive. Partial bid proposals will be considered non-responsive and will be rejected: The City will award the contract to the lowest responsible bidder complying with the instructions in the Notice Inviting Sealed Bids. The lowest bidder will be determined on the basis of the total of the Base Bid items plus the Alternate Bid items. If the product of an estimated quantity and unit price for an individual bid item does not equal the total amount bid for that bid item, the unit price shall govern and the corrected product shall be deemed to be the total amount bid for that bid item. If the sum of the individual item totals does not equal the total bid, the individual item totals shall govern and the corrected. sum shall be deemed to be the total bid. The City Council reserves the right to award the contract to the lowest bidder for all Base Bid items plus any combination of, including all or none of, the Alternate Bid items as it deems appropriate. Base Bid: Bidder agrees to furnish all tools, equipment, facilities, labor, material, services, taxes, overhead and profit necessary to perform and complete the work in accordance with the plans and specifications as outlined in Section 00250. 1. All of the work, except Allowances ~~ (r)]~ E?C'c7 Dollars ($ _) 2. Allowances (from Section 00270) Not Applicable to Bid Package No 1 Dollars ( $0.00) _,~ 3. Total Base Bid (Combine Item 1 and Item 2 above) Dollars ($ ~, ~~~- ] ~,y p ) 4A. Provide Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) ~rJ° F/<t.~ ~2 c~~ ~~ why f- i c~ ~. Tl~v~ t~~~.~ Dollars ($ ' ~ j OC"Y.~?~ ~ SA. Provide Non-Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) ~ "~ ~ N ~~ ,~GyCt ~ ~ 1- r f'T ~ ~ , ~ 7'~ ~•:< ~~.,~.~ Dollars ($ %.~tl (,UU,.c' ~6. Total Base and Alternate Bid (Combine Items 3 through SA above) • City of Saratoga May 1, 2001 Collars ($ ~ S 3 C~"U Bid Form 00410x2-1 Acknowledgement of Addenclum(s): Receipt of the following addendum(s) issued during the time of bidding is acknowledged and the information contained therein has been considered in the preparation of this bid proposal and becomei;s) a part thereof. ~- I acknowledge receipt of th~~ following addenda: l~~ >oiG?/;1~l2~/(/~. 7 q ~~ Unit Prices per specificati~~n 00270.C: The undersigned agrees, if this: bid proposal is accepted by the City Council and if a contract for the performance of the work is entered into by and between the City of Saratoga and the undersigned, to plan the work and prosecute it with such diligence that all of the work shall be completed within 85 working days. - 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing proposal is true and correct. Submitted by: Company Name: Signature: By: ~ Pres Dated: ~ 1 ~' NOTICE: In the case of a corporai~on, give below the address of the principal office thereof and the names and addresses of the president, secretary, treasurer and manager: Tai ID No. or Social Security No. 77-020225 Contractor's License No. 533708 Classification(s) A B C-8ASc- Expiration Date: 6/30/02 • • • City of Saratoga Bid Form May 1, 2001 00410x2-2 DESIGNATION OF SUBCONTRACTORS FORM Description of Work % of Name of Location and License and Portion of Work Total Bid Subcontractor Place of Business Number :~ :-~ - J~11 ~. ,~Q~~ ~ ~ _ ~~ 7~ ,~~ 7~ ~.~ ~~ ~s~ ~, ~ ;~1~'r~b~~ o rv;; r L' ~,~ ~c~ 521~9~ Attach additional sheets as required. DATED ~ ~ ~ 0 ~ Proper Name of Bidder Gen-Con Inc . By: (Signature of Bidder ategui, Presiuei~c City of Saratoga Representations and Certifications May 1, 2001 00450r21-3 ~. NONCOLLUSION AFFIDAVIT (Prime Bidder) (7'o Be Executed by and Submitted with Bid) STATE OF CALIFORNIA. ) County ofsanta Clara ) - ) Al An,~atP~; being first duly sworn, deposes and says that he/she is (Bidder's Name) p,-P~; ~Pnt ,_of Gen-Con Inc. (Title) (Company) the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of; any undisclosed person, partner:>hip, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true: -and, further, that th~~ bidder has not, directly or indirectly, submitted his or her price or anv breakdo~rn thereof, or t1-{e contents thereof, or divulged information of date relative thereto, or paid, and ~~ill not pa}~, any fee to any corporation, partnership, company association, organization. bid depository, or to any member of agent thereof to effect to a collusive or sham bid. ~r••~......r.,.~ BARBARA VV. CANREI.D Comm. 1297708 ~ (Signature of Bidder r'Ot~ °~'r1°~ Al Anzoate ui , s ~ 1 swr~ c~,oz~ courm ~'n'CQMM650NE~IRESMAR182006 (Typed or Printed Nai of Bidder) .,.a..P SUBSCRIBED BEFO:iZE ME on this 1C~. day of ~ ~0~ My Commission Expires: " Notary Pub ' Note: 'The above Noncollusiori Affidavit is in accordance with Section 7106 of the Public Contract Code and is a part of the bid proposal. Bidders are cautioned that making a false certification may subject the bi~3der to criminal prosecution. • City of Saratoga May 1, 2061 Representations and Certifications 00450r21-4 • Public Contract Code Section 10162 Questionnaire In accordance with the Public Contract Code Section 10162,. which governs public v~~orks contracts for state agencies shall fully apply to this contract. In compliance with this section, the bidder shall complete, under penalt;~ of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of violation of law or a safety regulation. _ Yes No x If the answer is yes, explain the circumstances below. • Signature of Bidder: Printed Name of Bidder: Al g i, resident City of Saratoga Representations and Certifications May 1, 2001 00450r'21-6 _ PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In accordance with Public; Contract Code Section 10232, which governs public works contracts for state agencies shall fully apply to this contract. In compliance with this section, the Contractor, hereby states under penalty of perjury, that no more than one final un-appealable finding of contempt of court by a federal court has been issued against the Contractor v<~ithin the immediately preceding tvfro year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Signature of Contractor: - Printed Name of Contractor: Al Anzoa ' d PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT Public Contract Code Sec~.tion 1028.1, which governs public works contracts for state agencies shall fully apply to this contract. In compliance with this section, the bidder hereby declares under penalty of perjury that the bidder has ,has not x been convicted within the preceding three years of any offenses referred to in said Section, including any charge of fraud, briber}, collusion, conspiracy, or any other act in violation of any federal or state antitrust law in connection with the bidding upon, award of, or performance of, any public works contract. as defined in Put~lic Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder'' is understood to include anv partner, member, officer, director, responsible managing officer, or responsible managing. employee thereof, as refen•ed to in Section 10285.1. Signature of Bidder: ~ ~ A A~ `~4-x Printed Name of Bidder. ~~ Anzoagegui, t Note: The bidder must place a check mark after "has " or "has not" in one of the blank spaces provided. The above statements are Dart of the bid proposal. Bidders are cautioned that making a false certification may subject tl-ie certifier to criminal prosecution. End of Section • City of Saratoga Representations and Certifications May 1, 2001 00450x21-7 The~~ll~ Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 21221 United States Fidelih' and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. '~ ~ ~ i-. r RNOV1' ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the lax+s of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Compam• are corporations duly organized under the laws of the Slate of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the la.+'s of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelitj• and Guaranty Insurance linderw•riters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herrrn collecrireh• collect the "Crnn/ronrc'+"). and that the Companies do 'hereby make. constitute and appoint Francis E. Cook and Ronald G. Spero of the City of Cupertin0 ,State California ,their true and lav:ful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowled,e am and all bonds. undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the Fidelih' of persons, guarnnteein~ the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedino.c alloxaed by law. I\ ~1'1.r\ESS y~'HEREOF. the Companies have caused this instrument to be signed and sealed this 1St day of December 1999 1 Seaboard Sureh Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelih• and Guaranty Insurance Compam St. Paul Guardian Insurance Company Fidelih• and Guaranh lnsurance l~nderkriters, Inc. SL Paul Mercun Insurance Company ~ ` sn -,,, `~ i "fir- . ~~.~~ Q ... ~s~y o~~, ~Yd't~D 3 27 ~ ~~~ ~~nron~r~..n~ ~ T~ > ''• 19 ~ ~~ t896 ~ '~ 197•/ InH\' F. { HIt;tiGl'. \'irr frc,ldem .-~ .;.seat, :SfiAL,e N 8 1951 ,~Cc .FNS .\` v,S_.;N~dl~~ ~a ~f....~_..'~/1 ~,~ A1t'ti~ ~~br ~I:IIi 11! '\l;lf\l:lnil 1t _`~^""-" ~' ~~^^""v -_' (lh of RalUm~'ri MI('H:\1:I. K '\1CKIBBEN. A„iu:ul; tirrrrtan (hi thi, 1St day of December 1999 before me. the underigned oftic'er. pernnall\ ;Ippeared John F Phinne\ :uul 111chael k MrKihhcn. Uhu acknowledged themselves [o he the Vice President and Assistant Secretary, respertiyel\. of Seaboard Surrh Compam. St. Paul Flrr :uid \lannr 1n,Ur:111iC Cnntpam. St. Paul Guardian Insurance Compan}'. St. Paul Mercury IntiUr:InCe Compam. t'mted St:ues Fidelih and Guaranty Compam. Fidelih and Guarrnh In,urancr Compam. and Fidelih and Guaranty Insurance Underwriter. Inc.: and that the seals affixed to the foregoing instrununt :ur the cnrpnrate ,ral, of ,:ud Companlr,: and that they. as such, being authorized so to do. executed the foregoing instrument for the purposes therein contameJ hr si~~nine the name, of the ~c~rpor:unai, h\ Uiemcrt\es ac doh authorized officers. In Witness Whereof. I hereunto set my hand and official seal 'xt+ Commission expires the 13th day of July. 2002. ~GGP ~tFYt7 0 ~~ ~ rARr y~ r Q4C y~qE C~T`1 ~.~ RF;BECCA EASLEl'-OVOIiALA, lvntarv Puhlie 86203 Rev. 11-99 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, Sta F Fire and Marine Insurance Company. St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranis Compar Fidelity and Guaranh~ Insurance Company, and Fidelit}' and Guaranty Insurance Underwriters, Inc. on September 2. 1998, which resolutions are now in full force a effect. readin_ as follows: RESOLVED, Utat in connection with the fidelity and surety insm~ance business of the Company, all bonds, undertakings. contracts and other inswments i~g to said business may be signed. executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company ma}' and shall he executed in the name and on behalf of the Company. either by the Chairntan. or the President. or any Vice President. or an Assistant Vice President, jointly with the Secretary or an Assistant Sccretan. under their respective designations. The signature of such officers may be engraved, printed or litho_raphed. The signaurre of each of the fore_oing officet:~ and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relatin_ thereto appointing Attomey(sl-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and subject to am limitations set forth therein. any such Po++er of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and bindin~~ upon the Compan}•, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to am• bond or tntdcrtakine «~ which it is validly attached: and - RF..SOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in am case. subject to the teems and limitations of the Power of Attorney issued them. to execute and deliver on behalf of the Company and to attach the seal of the Company to am• and all bonds and undertakings, and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Exerutiye Officer and sealed and attested to by the Secretary of the Company. 1. Michael R. Mcl:ibben. Assistant Secretary of Seaboard Surety Company. St. Paul Fire and Marine Insurance Compan}. St. Paul Guardian lnsurancr Compa St. Pmd f+A~rcury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Comp;m}. and Fidelity and Guaranty Incur;u Undrnyriters. Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. +yhich is in full fo, and effect and has no[ been revoked. 1~ TF:STIIK)M1`1' ~i'HEREOF, 1 hereunto set my hand this 9TH day of NI'Y r~ ti •K ~ 454 /Jv/~0° ~~~t ~~ ~ ? ZO~VOa 1t 'm 1 ~~•~.q~f ' ^i ~ g ~YYren... ~ X927 ~ _ e _ E.~ z:e e~' t < '~ 7C ~.9n -„^~°VWtm .'~ ^ U''-SEAL/o°J ~~SSbL:'ir NO7 'I9$~ Tn rerife the autherrticit~• nl'this Power of.4ttorne_r•, call 1-800-421-38811 aiu3'ask for-the''"Power'ofAltontey clerk. the ahave-named individuals turd the details of the bmrd to which-the power is altad:ed :-~: ~ ` 2~~1 Michael K. Plckibhen. Assistant Secre: Please refer to llre Power of Atrornep number. ~~ • BIDDER'S BOND = clrv ot= tsu~-TOC~- KNOW ALL MEN BY THESE PRESENTS: That we, GEN-CON. INC. as Prinapal, and C'j' PATTT. FTRF ~. MARTNF TNCTTRANC F ('(1MPANV as Surety, are held and firmly bound unto the City of Saratoga, hereinafter called the City, in the penal sum of ten percent (10%) of the total amount of the bid of the Principal above named, submitted by said Principal to the City, for the work described below, torthe payment Of which sum in lawful money of th~ United States, well and truly to be made, vve bmd ourselves, our heirs, executors, administrators and successors, jointly end severally, firmly by these presents. - THE CONDITION of this obligation is such that WHEREAS, the iPrincipal has submitted the above-mentioned bld to the City, for certain eonstructlon specifically described as follows, for whist bids are to be opened at 14777 FRLLITtrAT g AVRNTTFr CARATCI(:A on .TT1T.Y 1 ~, ~(1~1 (insert place rvMre aids will be opened} (lruert dais of bfC opening) for PT-iACF T CTTF N~ T1 TI~M(1 Wj~Rj~ FC18 RLT$T T(' T TA$ARV (Copy Hera the exact descrip7iornof work, Including location, as d appears on U-e proposa-1) NOW, THEREFORE, If the aforesaid Princpal is awarded the oonUact end, wthin the time and manner required under the specficaiions, afte~ the prescribed forms are presented to him for signature, enters into a written corrtraCt, in the prescribed forth, in accordance with the bid, and files the two bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this Obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurced by the Obligee in sac suit, including a reasonable ettomey's fee to be faced by the court. IN WITNESS WHEREOF, We have hereurrto set our hands and seals on this 9TH day of JULY , 20 O 1. 1 NOTE: Signatures of trose executing for the Surety must be properly adcnowlec CERTIFICATE OF ACKNOWLEDGMENT STATE Or= CALIFORNIA couNTY of SANTA CLARA ss (SEAL) (SEAL) (SEAL) MPA (5'Y~) (SEAL) (SEAL) On this o~Ta day of JULY in the year of 2D~before me, a notary public in and for the county and state aforesaid, personalty appeared, ,,A , qtr T c E r110K known to me to be the person whose name is subscribed to the within instrument and known to me to oe the attorney-rn-fact of ST _ PATTT. FTRF & ART F TNSURANCE COMPANY ~_ and acknowledged t e ~ su sct ~ ` ~ company thereto as surety, and his own name as attomey-in-fact. r U Comm. ~' 1239569 rrany N a NOTARY PUBLIC ~ CALIFORNIA UI (SEAL) Santa Clara County ~ Notary Pubic ~-y Comm. Expires Nov. 12, 2003 `~' Important: Surety Companies executing bonds must appear on the State of Cal'rfornia Treasury DepaRment's most current list (Circular 570 es emended) and be authorized to transact business in fhb State of California. ',ity of Saratoga Representations and Certifications May 1, 2001 ~ 00450121-5 • ;r~. %' ~`:it ... Stag of California Counn~ of S;utta Clara SS. On this the ~ da~~ of _ 2001, before me, Barbara ~`~~. Canfield, Notar~~ Public, personall}' appeared .Al Ar~.oate , personalh~ known to me to be the person n'hose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacit}', and that b~' his si mature on the instrument the person; or the entit<~ upon behalf oC which the person acted. csecuted the instrument. ~~'IT'~"ESS m~' hand and ofircial seal. ~- ~~ > ~~ ~~ ~yp,~gA(~A W. CANFIELD Comm. 1297708 SANTA GLARA GOVNiY a {~, MV COMM6SION p(pIRES MAR 1 _ "' S ~. •~.~~ • SECTION 00410 Bid Form Saratoga Community Library Project City of Saratoga Bid Deadline: 10:00 AM PST on the 12`~ day of July 2001. Bids will be publicly opened and read at 10:00 AM PST on 12`~ day of July 2001. Bidders must submit bids for all Base Bid items for this bid proposal to be considered responsive. Partial bid proposals will be considered non-responsive and will be rejected. The City will award the contract to the lowest responsible bidder complying with the instructions in the Notice Inviting Sealed Bids. The lowest bidder will be determined on the basis of the total of tl~e Base Bid items plus the Alternate Bid items. If the product of an estimated quantity and unit price for an individual bid item does not equal the total amount bid for that bid item, the unit price shall govern and the corrected product shall be deemed to be the total amount bid for that bid item. If the sum of the individual item totals does not equal the total bid, the individual item totals shall govern and the corrected sum shall be deemed to be the total bid. The City Council reserves the right to award the contract to the lowest bidder for all Base Bid items plus any combination of, including all or none of, the Alternate Bid items as it deems appropriate. ....................................................................................................................................................................................................... .............................................................................................................. Base Bid: Bidder agrees to furnish all tools, equipment, facilities, labor, material, services, taxes, overhead and profit necessary to perform aid complete the work in accordance with the plans and specifications as outlined in Section 00250. ~1. All of the work, except Allowances ~~~ r? ,_J G~ IC~1~ ~i~-1 ~) 1~-1,ZC`J' ~~~f C" /y~7~ollars ($ ~~' E~d%~ 2. Allowances (from Section 00270) Not Applicable to Bid Package No. 1 Doll~~rs ~ $0.00 3. Total Base Bid (Combine Item 1 and Item 2 above) l~I~~,~~~~~,r~F~/S,(1~ '?f i ' Lf>~~~~~'¢7..E jZDollars ($ ~~ ~~ ~~C~ -t A. Provide Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) ' / 1 rlJ C^ /~-1 ~ Y % T7 ~~~~~ r~ Dollars ($ '~ ~~ ~c~~~ ~A. Provide Non-Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) _ 1 ~/ y f ~/ `~-f'~.n.r ~ Dollars ($ ~ ~, ~~U ) 6. Total Base and Alternate Bid (>Clombine Items 3 through SA above) ~G 7'11 L L l C~~ ~It1G t~t.~it-1 !7/~G rJ ~~~~ ~c,,c~ ~~$ '2 /,l~l/dlJ ) • City of Saratoga Bid Form May 1, 2001 00410r'1-1 __ Acknowledgement of Addendcim(s): Receipt of the following addendum(s) issued during the time of bidding is acknowledged and tl~e information contained therein has been considered in the preparation of this bid proposal and become(s) a part thereof. I acknowledge receipt of the following addenda: # 1 Dated 7 / 9 / O 1 Unit Prices er specification 00270.C: 2. $ / c` Ct /EA The undersigned agrees, if this laid proposal is accepted by the City Council and if a contract for the performance of the work is entered into by and between the City of Saratoga and the undersigned, to plan the work and prosecute it with such diligence that all of the work shall be completed within 85 working. days. - I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing proposal is true and correct. Submitted by: Company Name: N[cCRARY CONSTRUCTION COMPANY ~~~ ~ ~ Signature: Z ~ By: M. M. McCrary, President Dated: 7 / 12 / 01 NOTICE: In the case of a corporation, give below the address of the principal office thereof and the names and addresses of the president, secretary, treasurer and manager: 1300 Elmer Street, Belmont., CA 94002-4011 M, Michael McCrary, President/Treasurer A. L. McCrary, Secretary/Exec. V.P. Tax ID No. or Social Security No. 94-2212222 Contractor's License No. 2 8 ~4 5 0 4 Classification(s) A, B , C 3 6 Expiration Date: 8 / 31 / 0 2 ,l, ~ City of Saratoga Bid Form ° May 1, 2001 00410r1-2 DESIGNATION OF SUBCONTRACTORS FORM Description of Work % of Name of Location and License and Portion of Work Total Bid Subcontractor Place of Business Number DEMOLITION ~~~~~~ ~~IO~jR G1~+RR L~ ~c~ ~ ~S© EARTHWORK ~` ~~-~~OvN ~~1/U~/¢ ~G,/1~~ SITE UTILITIES f=>~t~f~t ~.~~j~~Q}/ U~r' ~jg.,a ~Gc~C t~ ~ 5.~ ,~,~ N) A LANDSCAPING CONCRETE G f rr~/~-i GC)t~ ~ ~~~C' %~1~J ILL ~~~ ~~t METALS ROUGH CARPENTRY PLUMBING AG ELECTRICAL L~ '~,9 l.i ~ ~ 5 ~- '~ f!y) .J ~I Attach additional sheets as required. DATED 7/12/01 Proper N/aJm~e of~ Bidder M RY CONSTRUCTION COMPANY fay: ~" l/ l ~~/~ (Sigln~atuMofBiCdeerry~ president ity of Sarato a 9 May 1, 2001 ~~ 714t~~ r HVAC _ /~G ~ ~~~ lO~L Representations and Certifications 00450r21-3 CITY OF SARATOGrA CALIFORrTIA SUYYLENlEN'1' 1VU. 1 FOR SAR~TOGA PUBLIC LIBRARY PROJECT -PHASE I Attached is Supplement No. 1 which consists of: - This cover sheet. - Supplement IYo. 1. Each Uidder shall he responsible for a.: certaining, prior to submitting a I3id, that it bas rcccivcd all issued Supplement;. -~ ~ Q ~ Jo Cherbone bate Public Works llirector • ~~ • SARATOGA PUBLIC LIBRARY PROJECT -PHASE I SUPPLEMENT NO. 1 1) Section 05120 Structural Steel. '1 . 1 . A. '1 llr:Lk:'L'ki 1.1.A.2 DELETE 2} Sautivii 06100 RuutJ.lt Ct~xNCt~l.t•y 7..1.R DELETE "R11 lumber framing, rough hardware and blocking" 3) Sheet No.l-51.0 (structural} Dated ?/9/2001 ADD the following Ccot~on to the above referenced 3hcct. tTIII Summary of Wvrk Structural work of phase I includes the following features: l.Npw FeatingR 2.S.O.G 3.Column Anchor Bolts 4.Stud Wall Sill Bolts S.Hold Aown Bolts 5.S1ab Embeds 4} Sheet No.l-55.2 (Structural) Dated 7/9/2001 ?add the following verbiage to the end of detail ##1: outer face of plywood edge of slab 5) A valid class B California Contractor's License is suitable for this project 5? A. $300.00 per day liquidated damage will be assessed on phase z o£ this project 7} The City df Saratoga is expected to award this contract at its meeting on ,IUly J.tStYl, lVUl Reuresentations and Certifications (Required Bid Forms) • Designation of Subcontractors • Noncollusion Affidavit • Bid Bond • Public Contract Code: Section 10162 Questionnaire • Public Contract Code: Section 10232 Statement • Public Contract Codes Section 10285.1 Statement • • SECTION 00450 City of Saratoga May 1, 2001 Representations and Certifications 00450x21-1 NONCOLLUSION AFFIDAVIT (Prime Bidder) (To Be Executed by and Submitted with Bid) STATE OF CALIFORNIA ) County of San Mateo ) M. M. McCrary being first duly sworn, deposes and says that he%is (Bidder's Name) -- President ofMcCRARY CONSTRUCTION COMPANY, (Title) (Company) the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, ar conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the ~'ontract of anyone interested in the proposed Contract; that all statements contained in the bid .are true; and, further, that the bidder has not, directly or indirectly, submitted his or her price or an}~ breakdown thereof, or the contents thereof, or divulged information of date relative thereto, or paid, and «-i11 not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member of agent th/efrneof to~/feffec to a collusive or sham bid. ~~~ ~v L ~~'C C (Signature of Bidder) M. M. McCrary, President (Typed or Printed Name of Bidder) SL~BSCRIBED BEFORE ME on this ~~ day of 200! . My Commission Expires: ~1~,~oy otarycl~d~~~~ ~a9-' rtolNtr -ua~~c • c~wFO+wu- srw wv-~o couwty My Cc,n„rpun Exptre..M+M ,,.10W Note: The above Noncollusion Affidavit is in accordance with Section 7106 of the Public Contract Code and is a part of the bid proposal. Bidders are cautioned that making a false certification may subject the bidder to criminal prosecution. City of Saratoga May 1, 2001 Representations and Certifications 00450r21-4 CALIFOIRNtA ALL PURPOSE ACKNOWLEDGMENT State of California ) County of San Mateo ) On l~~ a,00/ _ GATE personally appeared SS. before me, Margarita Sfiteynberg, Notary Public . NAME, TITLE OF OFFICER • E.G., JANE DOE, NOTARY PUBLIC / ~~ [~ personally known to mE~ - OR - ~' ~`'~ ~~~ ••• I ~ MARG11RiTA SHTI:YNBERG cow.. , 2s~~n rw M,rto car+rr Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), anal that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the • person(s) acted, executed the instrument. WITNESS my hand and official seal. signatuje o~( notary OPTIONAL Though the data below is not required by law, it may prove valuable to the person relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY S1(;NER INDIVIDUAL CORPORATE 0 PARTNERS TITLE(S) LIMITED GENERAL ATTORNEY-IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING NAME OF PERSON(S~ OR ENTTTYQES~Y DESCRIPTION OF ATTACHED DOCUti1ENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BIDDER'S BOND • CITY OF SPAATOGA :NOW ALL MEN BY THESE PRESENTS: . That we, McCRARY CONSTRUCTION COMPANY as Prlncipat, and TRAVELERS CASUALTY AND SURETY~QMPAi~TY OF_ AMERICA Surety, era held end fim+ly bound unto the City of Saratoga, hereinafter called the Clty, in the penal sum of ten percent (10°b) of the total amount of the j of the Prfndpsi above named, submitted by ssld Prindpal to the Clly, for the work described below, for the payment of which sum In lawful money of the iitsd Sister, well end truly t0 be made, we Dlnd ouroeNea, our helm. executors, administretara end aucusaors, Jointly and severally, firmly by these esents. THE CONDITION of thN obligation ra ouch that: . WHEREAS, the Prlndpal has submitted the above-mentioned bid to the Clty, for certain eonatraction specifically described as follows, for which is are to be opened at SARATOGA , CALIFORNIA on JULY 1 2TH , 2 0 01 {fnsaR Oreoe wMro Gds wm De opsrred) (rnaed date of DJd openlrtp) .SARATOGA PUBLIC LIBRARY PROJECT-PHASE I SARATOGA, CALIFORNIA 7py Mn rhs e:ac1 descrrprlon of wore. Mc1u0(n9loeatlon, as 6t appears on rAe propnaeQ NOW, THEREFORE, If the aforesaid Prlndpai Is awarded the oomred:nd, within the time and manner requlrod under the apeclficatlona, altar ~ proscribed forma era pretBented to him for slQnaWre, enters Into a wrtten contract. In the prescribed form, in sccordance with the bid, and }ilea the two nds, one to 9ualnntee fsitltful performance and the other to guansntee payment for labor and malerlala, as requlrod by law, then this obllpation shell be II and void; otherwise, it shell be and remain In full force end virtue. In the evem suit is brought upon ihia bond by the Obligee and Judpmant k recovered, the Suroty shell pay ail costs Incurred by the Obligee in such t, Inc:udinp a reasonable attomey'a fas to bs toted by the court. IN WITNESS WHEREOF, Ws have hereunto oat our hands and seats on thb ~ 2TH day of , 20~ 1 . McCRA CO S RU 0 OMPANY (sEAt> BY : iSe,4l) M_ MT('HAF. M .C'RARVl ERFSTI~F.NZZgt-J1L) Pnncioal TRAVELERS CASUALTY AND SURETY COMPAN OF AMERICA (SEAL) BY : ~cG •. z~.,.-.~ ~ . ~U - (SEAL) I,AW ENCE J . ~ OYNEr~ (SF.At) Surety TE: Slgnaturos of those executing for the Suroty must be properly acknowledged. CERTIFICATE OF ACKNOWLEDGMENT 1TE OF CALIFORNIA *** SEE ATTACHED *** JNTY OF ea On thb day of in the year of 20_ before me, a notary public In and for the county and state aforesaid, pensonaily eared, known to me to be the parson whose name is subscribed to the w±-hin vment and known to me to be the attorney-In-tact of _ end iowledged to me that ha subscribed the name of the sold company thereto as surety, and hla own name as attorney-In-fact 4L) Notary Public ntsnr 3uroty comosnlea atrecuting bonds must appear on the St>ats of California Trosaury Depertmenl's most currant list (Cinstrlsr 570 es amended) be authnrtzed to transact buelnasa In the State of Csllfornla. of Saretopa ' 1.2001 Representatlone end Certifications 00450r21-5 • CALIFORI~l7A AI~PtIRPOSE ACI~OWL.EDG~~NI' State of CALIFORNIA County of SONOMA On 7-12-01 before me, BONNIE K. FRYMIRE, NOTARY PUBLIC DATE NA).{E. nTiF OF OFFlCER - E.G ; .LANE DOE NOTARY Pl.~BUC personally appea_Fed LAWRENCE J. COYNE -------------------------------------- NA~cs) of siGNEr~s) personally known to me - OR - ^ proved to me on the basis of satisfacto= ~ e~~idence to be the persons whose named subscribed .to ,the within instrument a<~d acknowledged to me that he~~~~y~c executed the same in ~s~~>§~author~:-ed •~ ~ . OFFICIAL SEAL - 1217287 capacit(~~~Jy, and that by hs/$~-~g~g~g-x •'•~• BONNIE: K. FRYMIRE Z U ~ : NOTARY '?UBUC -CALIF. ~ signature(s) on the instrument the perso-? (~) z ~ COUNT'Y OF SONOMA or the entity upon behalz" of whic n she ~ ( My Comm. ;=xp. April 28, 2003 ~ ~;, ~«~- person( acted, e:~e~uted the instrument. WIC my hand and offici=~, sew) SIGNATURE OF NOT Y OPTIONAL _'houbh the eta below is not requir-ed by law, it may prove valuable to persons ml~rino o she axument ar:c preven*_ fraudu)e~.1t re~ttachmert of thi form CAPACITY CLA11,1ED BY SIGNER WDIVIDUAL !CORPORATE nTtE;s) _; PARTNER(S) ^ LIMITr_D ^ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT BIDDER'S BOND T17LE OR TYPE OF COCUMENT • ONE NUMBER OF PAGES SIGNER IS REPRESENTING: NA1~E OF PE7ZSON(s) OR ENT1T(IE3)Y 'i'RAV~ERS CASUALTY AND SUREI`Y COMPANY OF AMERICA JULY 12th, 2001 DATE OF DOCUMENT N/S SIGNER(S) OTHER THAN NAMED ABOVE v, WITNESS WHEREOF, TRAVELERS d F SARNIINGTON CASUALTY COMPANY hOalve atMised this ~instrumen Lto be 'ASUALTY AND SURETY COMPANY an of December 2000. .gned by their Senior Vice President and their corporate seals to be hereto affixed this 11th day • ~lE OF CONNECTICUT TRAVELERS CASUALTY AND SURETS C~OEMP O~OF~AMERICA ST TRAVELERS CASUALTY AND } SS. Hartford FAIt;1~IINGTON CASUALTY COMPA.~'Y COUNTY OF HARTFORD ,,~~~yNUUlrug,nDy~ ~~tr A/you G_nApS U,IC} t ~ ae~ ~ ~ 5 m HARTFORD, ~ O ] 9 8 2~' ; ~'4 HAATFORQI ~ ° CONN. Z c 0 ~ Y` _ rtw4~ George W. Thompson Senior Vice President ~n this 11th day of December, 2000 before me personally came GEORGE W. THOMPSON to me knonT,, who, being by me duly ;worn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF ~1VIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the ;orporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. p.T~'T ,~ ~, ~°t-euo~* . '17YEC'C~' ~o.n;.~. c ~s7~e.ou~~- My commission expires June 30, 2001 Notary ruouc Marie C. Tetreault CERTIFICATE i, the undersiened. Assistant Secretary of TRAVELERS CASUALTY A_`D SURETY COMPANY OF AivIERICA, TRAVELERS CASUALTI' AND SURETY COiVIPANY and FARVIINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO E-~REBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authorit<• remains in full torcc and has not bean revoked; and furthermore, that the Standing Resolutions of the Boards of Director, as set forth in [he Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 12th day of JULY , ? 0 01 ,V iM•.NWUy,.C~g,~ n~, a0 5WFly °4y r '* e N' i Hn4~roRD,', IIWYdNV ~~~v ~N 5~ O SL 9 `_' ~ HAriTFCRD, CCNN. ~ :~ ,; N. ~,aJ ~rsu~< 'r q~~) }i c7 t 9f 8 7.~ O z ~_ ~ a b`y + *~a v ~ ~u- i3 gy - Kori M. Johanson Assistant Secretary, Bond • Public Contract Code- Section 10162 Questionnaire In accordance with the Public Contract Code Section 10162, which governs public works contracts for state agencies shall fully apply to~this contract. In compliance with this section, the bidder shall complete, under pen,~lty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local goverrunent project because of violation of law or a safety regulation. Yes No X If the answer is yes, explain the circumstances below. • Signature of Bidder: ~t~~ Printed Name of Bidder: NI M McCrary, President %ity of Saratoga May 1, 2001 Representations and Certifications 00450r21-6 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In accordance with Public Contract Code Section 10232, which governs public works contracts for state agencies shall fully apply to this contract. In compliance with this section, the Contractor, hereby states under penalty of perjury, that no more than one final un-appealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Signature of Contractor: ~~ ~ ~~ L M. M. McCrary, President Printed Name of Contractor: McCRARY CONSTRUCTION COMPANY PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT Public Contract Code Section 10285.1, which governs public works contracts for state agencies shall fully apply to this contract. In compliance with this section, the bidder hereby declares under penalty of perjury that the bidder has ,has not x been convicted within he preceding three years of any offenses referred to in said Section, including any charge of ~raud, bribery, collusion, conspiracy, or any other act in violation of any federal or state antitrust la~v in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1 101, with any public entity, as defined in Public Contract Code Section 1 100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 102 .1. Signature of Bidder: ~~ ~` t ~" ~t Printed Name of Bidder: M. M. McCrary, President Note: The bidder must place a check mark after "has " or "has not" in one of the blaril: spaces provided. The above statements are part of the bid proposal. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. End of Section it of Sarato a Y 9 May 1, 2001 Representations and Certifications 00450r'21-7 SECTION 00410 Bid Form _ Saratoga Community Library Projec# City of Saratoga Bid Deadline: 10:00 AM P'ST on the 12~' day of July 2001. Bids will be publicly opened and read at 10:00 AM PST on 12`~ day of July 2001. Bidders must submit bids fir all Base Bid items for this bid proposal to be considered responsive. Partial bid proposals will be considered non-responsive and will be rejected. The City will award the. contract to the lowest responsible bidder complying with the instructions in the Notice Inviting Sealed Bids.. The lowest bidder will be determined on the basis of the total of the Base Bid items plus the Alternatc~ Bid items. If the product of an estimated quantity aQd unit price for an individual bid item does not equal the total amount bid for that bid item, the unit price shall govern and the corrected product shall be deemed to be the total amount bid for that bid item. If the sum of the individual item totals does not equal the total bid, the individual item totals shall govern and the corrected sum shall be deemed to be the total bid, The City Council reserves the right to award the contract to the lowest bidder for all Base B;id items plus any combination of, including all or none of, the Alternate Bid items as it deems appropria~~e. Base Bid: Bidder agrees to furnish all tools, equipment, facilities, labor, material; services, taxes, overhead and profit necessary to perform and complete the work in accordance with the plans and specifications as outlined in Section 00250. 1. All of the work, except .Allowances -~, ~ri,~~ ~.N ,!/,,c~ ~;, ~~~~ G~~,~<-l'~f ,Frt, ~. ,~,.~:: ~ Dollars ($ - ~='~ ~t.z~.- ) Li = '~ ,if'' c%C' -=vim«~~ i cf. 2. Allowances (from Section 00270) 'riot Applicable to Bid P<ickaQe No. 1 Dollars ( $0.00) 3. Total Base Bid (Combine Item 1 and Item 2 above) Dollars ($ ? -''~.~> ~t_'~' ) 4A. Provide Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) r~Ly- ~~~~~=~,,,~:~~ f-,.-=-t,,~ ~:1;:1i~:.~ ~> Dollars ($ ~~~' f > S.A. Provide Non-Active V~~alker Duct Boxes per specifications and drawings (Unlit prices per specifications 00270.C) J t~''•" ~ `~'~ ) 1"1~ -- - Dollars ($ ~~ ~_ 6. Total Base and Alternate Bid (Combine Items 3 through SA above) ~1. , ~ r~1 ~ r' ~c~ ~ -t j,-. ~ ~ ~~~:,~-~:. t' ~ L~: ~ ~ ;~ Dollars ($ .~ .3~,C C.'yy ) -- - - - -- City of Saratoga Bid Form May 1, 2001 ~ 00410x2-1 Acknowledgement of Addendum(s): Receipt of the following addendum(s) issued during the time of bidding is acknowledged and the information contained therein has been considered in the preparation of this bid proposal and become(s) a part thereof. ~~ I acknowledge receipt of the following addenda: ~P~~ /cam-y~,„~ Unit Prices per specification 00270.C: 1. $ ~f~ S~ BA The .undersigned agrees, if this bid proposal is accepted by the City Council and if a contract for the performance of the work is entered into by and between the City of Saratoga and the undersigned, to plan the work and prosecute it with such diligence that all of the work shall be completed within 85 working days. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing proposal is true and correct. Submitted by: Company Nam Signature: /.~, $y; Ed Ramans ?~'OTICE: In the case of a corporation, give below the address of the principal office thereof and the names and addresses of the president, secretary, treasurer and manager: HRB Construction Inc. President - Ed Ramans 454 willow Street vice President/Treasurer - sami Hindiyeh san pose. CA 95110 Corporate Secretary - Andy Borrego Z~ax ID No. or Social Security No. 77-0497579 Contractor's License No. 758423 A, B, C36, HIC Classification(s) Expiration Date: 3/31/03 • nstruction, Inc. Dated: 7/12/01 City of Saratoga Bid Form May 1, 2001 00410x2-2 DESIGNATION OF SUBCONTRACTORS FORM Description of Work % of Name of and Portion of Work i['otal Bid Subcontractor ~jL~~, Location and License Place of Business Number /' Attach additional sheets as required. DATED 7/12/01 City of Saratoga May 1, 2001 Prope ame of Bi er / ./ sy: (Signature of Bidder) Ed R - President • • Representations and Certifications 00450r21-3 • NONCO~,LUSION AFFIDAVIT (Prime Bidder) (To Be Executed by and Submitted with Bid) STATE OF CALIFORNIA ) County of Santa Clara ) Ed Ramans being first duly sworn, deposes and says. that he/she. is (Bidder's Name) President of HRB Construction, Inc. (Title) (Company) the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her price or anti breakdown thereof, or the contents thereof, or divulged information o ate relative thereto, or paid. and will not pay, any fee to any co er hi company association, organization, bid depository, or to any member agent thereof t ~ ctuate a collusive or sham bid. ~/ (Signature of Bi er) (Typed or Printed Name of Bidder) SUBSCRIBED BEFORE ME on this day of My Commission Expires: 20_ Notary Public Note: The above Noncollusion Affidavit is in accorda_*~ce with Section 7106 of the Public Contract Code and is a part of the bid proposal. Bidders are cautioned that making a false certification may sub}ect the bidder to criminal prosecution. City of Saratoga May 1, 2001 Representations and Certifications 00450x21-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara ss. On ~` ' ~ ~,2CU~, before me, Danielle Miller, Notary Public Date Name and Ti11e of OKicer (e.g., 'Jane Dce. Notary Puolic') personally appeared _ Ed Ramans, President _ ~ , _ ~ Name{st of Signer(s) IX personally known to me I _ proved to me on the basis of satisfactory evidence DANIELLE MILLER ~ l~ntm~sion # 1253983 z ~r Publk - CCNibtTfip _~ l~MQ t..iaa Ccurrfy [ ArvQp~ixn. E~ies feb 19. ~4 F to be the person(s) whose narxe(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1~ TNESS my han nd offic as se ,~~, ~ ~ ( ~ ~` S;gnature of N ry Public ?.a.e rv o:a: v Seal Focve OPTIONAL T,~oucn ~he ,r!or;nauon bE/ow is not required by law. ii may prove valuable to persons relying on the document and ;,Dula prevent fraudulent removal and reattachment o/ this form to another document. Description of Attachfad ocument _, Title or T e of Document: ~ v,?~ ~ Docu.m,ent Date _~~ IL~1~ _ _ Number of Pages: S~ener(s) Other Tnan Named Above: None Capacity(ies) Claimed by Signer Signer s Name - Individual X Corporate Officer -Title(s): Partner - -- Limited ~_ General _. Attorney In Fact Trustee _ Guardian or Conservator Other: Signer Is Representing. _ HRB Construction, Inc. TC:; CI tnumL' h@re i i i President Ed Ramans ~i~~-~~ • . '• S99 Iva::or+zi Nciary nssoaanon • 9350 De Soio Ave PO Bor' 2x02 • Cnalswonr, CA 91313-2462 • www.naeonairwtary.org Prof. Nn. 5907 Reoroer. CaU loll-Free ~-800.876.6827 • Yes In accordance with the Public Contract Code Section 2 O 1 b2, which governs public works contracts for state agencies shall fully apply to this contract. In compliance with this section, the bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of violation of law or a safety regulation. If the answer is yes, explain the circumstances below. Public Contract Code Section 10162 Questionnaire No x • • Signature of Bidder: Printed Name of Bidd City of Saratoga May 1, 2001 Representations and Certifications 00450r21-6 PUBLIC' CONTRACT CODE SECTION 10232 STATEMEl\~T In accordance with Public Contract Code Section 10232, which governs public works contracts for state agencies shall fully apply to this contract. In compliance.with this section, the Contractor, hereby state:. under penalty of perjury, that no more than one final un-appealable finding of contempt of court by a federal court has been issu against the Contractor v~~ithin the immediately preceding rwo year perio caus f e C actor's failure to comply with an order of a federal court which ord s the Contra t mply with an order of the National Labor Relations Boazd. ~,' Signature of Contractor: Printed Name of Contractor: Ed Ramans - HRB Construct n, Inc. PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT Public Contract Code Section 1028.x.1, which governs public works contracts for state agencies shall fully apply to this contract. In compliance with this section, the bidder hereby declares under penalty of perjury that the bidder has ,has not x been convicted within the preceding three years of any offenses referred to in said Section, including any charge of fraud, bribery, collusion, ~~onspiracy, or any other act in violation of any federal or state antitrust law in connection with th~~ bidding upon, award of, or performance of, any public works contract. as defined in Public Contract Code Section 1 101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State Unive a term "bi r" is understood to include any partner, member, officer, directo , esponsible gi officer, or responsible managing employee thereof, as referred _jn Section 102 5 Signature of Bidder: Printed Name of Bidder: Ed Ramans - HRB Constructia'r~,~Inc . Note: The bidder must price a check mark after "has " or "has not" in one of the blank spaces provided. The above statements are Dart of the bid proposal. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. End of Section City of Saratoga May 1, .2001 • Re resentations and Certifications • P 00450r21-7 • BIDDER'S BOND cttY vF snrwTOC~t ~~ KNOW ALL MEN BY THESE PRESENTS: That we, HRB CONSTRUCTION. INC. ss Principal, and. ' AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Saratoga, Hereinafter carted the City, In the penal sum of ten percent (10%) of the tctal'amount of the bid of the Principal above named, submitted by said Principal to the City, for the worts descdbetl Delow, for the payment of which sum in lawful money of the Unrted States, µ21t and truly to be made. we bind ourselves, our heirs, executors, administrators and successors, Jointly and severally, firmly Dy these presents. THE CONDITION of this obligation is such that: WHEREAS, the Principal has submitted the abovo-mentioned bid to the~.City, for certain construction specifically tlescribed as follows, for which bids are to 6e opened at City of Saratoga on Juty 12. 2001 (Insert place wnerc D/OS will De OpenetlJ (Insert 0310 or bid Opening) for Bid Package 1 -Site Demolition, Site Improvements, Parking and Concrete Foundations for Construction of New Saratoga Community Library fGopy Here fha exact oascnption of work, including location, as it appears on me proposal) NOW, THEREFORE, Ii the aforesaid Principal Is awarded the contract end, within the time and manner required under the specifmtions, after the prescribed forms are presented to him for signature, enters Into a written contrail, in the prescribed (orm, in aeeortlance with the oia, and files the two bonds, one to guarantee faithful peAormance and the other to guarantee payment for labor and materials, as required by law, then this obligation shalr;be nun an. void; otherwise, d shell be and remain in full force and virtue. In the event suit is•brought upon this bond by the Obligee and Judgment is recovered. the Surety shall pay all cost curreo by the Obligee it such suit, in Guding a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day or JUI 20 O1 C STRUCTI ~ NC. ~ (SEAL) e, ;SEAL) ~~` (SEAL) Principal AME "_" NY (SEAL) (SEAL? r4F.AL1 Susan E. Barrett 5~l~ty Attomev~in-Fact • NOTE Signatures c` those executing for the Surety must be Croperly acknovNedped. STATE OF CALIFORNIA COUNTY CAF ss On tors aay cr appeared. in the year of 20_ before me, a notary public in and for the ccunty and stets a'nresa~G, ~3rson.alty known to me to be the person whose name is subscribeC to ine wltnut' rnstrvment and known to me to be the attorney-in-tact of acknowledged to me that he subscribed the name of the said company thereto as surety, antl his own name as attorney-in-fact. (SEAL] Notary Public and impcrant Surety companies executing bonds must appear on the State of California Treasury Department's most current list (Girtxilar 570 as amended) and de authorized to transact business in the Stale of California. City of Saratoga May 1, 2001 CERTIFICATE OF ACKNOWLEDGMENT Representations and Certifications 0045021-5 iC~m~~R. Home Office: Lon Grove, IL 60049 9 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the 'Company') do hereby appoint Nip Pham and Susan E. Barrett of Palo Alto, California (EACH)"""""""" their true and lawful agents} and attorney{s}in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings """"""""" EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promiss~~ry note, check, draft or letter of credo. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executlve Cbmmittees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'VOTED, That the signature of the Chairman of the Eoard, the President, any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be vai~tl and bindmg upon the Company.' In Testimony Whereof, the Company hats caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this March 6, 2000. Arrested and Certified: Lumbertnens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company r~wu ~4 ~ y,a tr ~d~u ~yri ~, Its #~a ={t00e~ID L .v u ~w.en~ C~ / • r ^o ~ : _ Sul covaumt i Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President • • n ~. • STATE OF IWNOIS . SS COUNTY OF LAKE I, Irons Kkwer, a Notary Public, do hereby oertlfy that J. S. Kemper, 111 and Robert P. Hamel personauy known to rtte to be tfte items persona whore names are rospecWely as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of IlGnols, subscribed to the foregang instrument. appeared Defore me this day in parson and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the tree and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein cet forth. My commission expires 1-28-02 CERTIFICATION lA~~~~~~~~~~• ~ "OFFIgAL 9E11L" ~ IhM KI~tvK f Notary t'tiarle, etat~ of INnoq ~ fay c«..~no. aa'aa.ran ~. a»t ~ i~~~~~~Tr~~~• ~+~ • T~~ Irene Klewer, Notary PtrbUc 1, J.K Conway, Corporate Secretary of the Lumtxstrmens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated March 6, 2000 on behal(of the person(s) es listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and is In full force and effect on the date of this ceNflaate; and I do further certify that the said J. S. Kemper, III and Robert P. Names, who exeated the Power of Attorney as Exeatlve Vice President and Secretary respectively were on the date of the exeatlon of the attached Power of Attorney the duly elected Executive Vlce President and Secretary of the Lumbermans Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this c Ip - ~ CrRt/3tL Y(u ruuon f ^O ~ a ; 1111 ;eoaroaama P t ~. awe' '`"~v v'r'r ~~ ate' ~~~ J. K Conway, Corporate Secretary This Power of Atlomey limits the acts of those named therein b the bonds and undertakings specifically named therein and they have no authority to bind the Company except fn the manner and to the extent herein stated. FK 038Z 8-98 Power of Attorney -Term Printed In U.SA GEN-COPS// J INC. BUILDING CONTRACTORS July 12, 2001 CITY OF SARATOGA _ 13777 Fruitvale Avenue . Saratoga, CA 95070 SENT VIA FAX ATTENTION: Mrs;. Lorie Pinfow 408/ 867-8559 REGARDING: Saratoga Public Library Project- Phase I Bid Date: 7/12/01 @ 10:00 A.M. CL~~RIFICATION OF UNIT PRICES AS SUBMITTED IN OUR BID PROPOSAL Dear Mrs. Pinfow: I would like to confirm today's phone conversation regarding the clarification of the unit prices subi~nitted on the above referenced project by Gen-Con, Inc. The revised unit prices (Bid Form page 00410r2-1) are as follows: Item 4A: Provide Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) $ 490.00 Item 5A: Provide Non-Active Walker Duct Boxes per specifications and drawings (Unit prices per specifications 00270.C) $390.00 If you have further questions, please do not hesitate to contact me at 408/ 879- 1680 ext. 212. Very truly yours, / -rte z% ~ / ~. ~~~~ f ;.- AI Anzoategui President c. c. Mr. Kamal Ariss 800 Cristicta Lane Campbell, CA 95008 • (408) 879-1680 • Fax (408) 879-1686 License #533708 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco personally appeared before me, DONNA L. WELSH, NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' SUSAN E. BARRETT NAME{S) OF SIGNER(S) [] personally known to me - OR - I--] L'.ONNA L. WELSH o': Z~'~.¢.:?/'--'I COMM. ,~.. 1154509 ,, %.l.;,,,_~.~/r-/ SN'I FP, N'I¢:SC0 C0U,'I'i~, I'~ (: .~::...... Mv Ccmm. Expfr.~.,¢, 397I. 6, 2001 proved to me on the basis of ~atisfactor~ evidence to be the person(s) whOse name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL r-~ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S) [] [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYllE$) THE SURETY COMPANY DATE OF DOCUMENT ~.~ ,~ Y SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM /' MEETING DATE: July 18, 2001 CITY-MANAGER: ,~~G~~---- ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Selection of Code Enforcement Hearing Officer RECOMMENDED ACTIONS: Adopt resolution appointing hearing officer and direct staff to enter agreement with hearing officer. STAFF REPORT: At its meeting of February 21, 2001 the City council approved an ordinance amending the City Code pertaining to code enforcement. The ordinance established the position of Hearing Officer to hear and decide appeals of the City's code enforcement decisions. (See section 3-15.070 of the Saratoga City Code.) Staff distributed a request for proposals to more than 200 potential candidates. Three applications were received and are attached for your information (the writing samples submitted by each applicant are available for your review with the City Clerk). Each of the applicants would be qualified to serve as a hearing officer. Staff is currently in the process of interviewing the applicants and will present a recommendation to the Council at the Council meeting. (Because there are several appeals pending it was not possible to defer this item to the August 15 meeting.) The attached resolution formally designates a hearing officer and an alternate to serve in the event that the primary hearing officer has a conflict of interest or is not available. The resolution specifies that the term of the hearing officers would be until September 20, 2002. Staff will enter an independent contractor agreement with each of the hearing officers. FISCAL IMPACTS: Hearing officer services have been included in the City Clerk's budget for 2001-2. • ;~. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meetinl;. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City would not have a hearing officer and the City Council would need to appoint a Board of Appeals to hear pending appeals. FOLLOW UP ACTI~~NS: Staff will implement Council direction. ATTACHMENTS: Resolution Appointing; Hearing Officer and Alternate Applications of Richard Abdalah, Charles Killian, and Barbara Spector v 2 • RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA APPOINTING A HEARING OFFICER AND ALTERNATE . Whereas, section 3-15.070 of the Saratoga City Code establishes the position of Hearing Officer to hear and decide appeals of orders, decisions or determinations made by the City manager relative to the application and interpretation of the code enforcement provisions of the Saratoga City Code; and Whereas, the Saratoga City Council wishes to implement the referenced section of the Saratoga City Code; and Whereas, the City has considered the applications of several qualified candidates; THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Appoints to serve as the Hearing Officer of the City of Saratoga pursuant to and in accordance with section 3-15.070 of the Saratoga City Code; 2. Appoints to serve as the Hearing Officer in the event that the Hearing Officer appointed in paragraph 1, above, has a conflict of interest or is otherwise unable to serve as the Hearing Officer in connection with a particular matter; and 3. Determines that these appointments shall in no way limit the discretion of the City Council to direct that any appeal or appeals are to be heard by a Board of Appeals pursuant to section 3-15.060 of the Saratoga City Code. 4. Declares that the terms of the Hearing Officers appointed herein shall expire on September 30, 2002 unless earlier terminated by a resolution of the City Council. Resolution No. Page 1 of 2 The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga, State of California, this,l8~' day of July, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: John 1Vlehaffey, Mayor ATTEST: Cathleen Boyer, City Clerk Resolution No. Page 2 of 2 • • • ~~ JAMES E. JACKSON CERTIFIED ESTATE PLANNING TRUST & PROBATE LAW SPECIALIST THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION VOICE MAIL (408) 235-9842 EMAIL: JJcupca@aol.com FACSIMILE: (40B) 996-7045 ESTHER SU VOICE MAIL (408) 235-9842 JACKSON F3 ABDALAH A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 10455 TORRE AVENUE CUPERTINO. CALIFORNIA 95014-3203 TELEPHONE (408) 252-5211 June 28, 2001 RICHARD K. ABDALAH EMPLOYMENT, REAL ESTATE, CIVIL LITIGATION, BUSINESS & CONSTRUCTION VOICE MAIL (408) 235-9810 EMAIL: richabdalah@aol.com FACSIMILE: (408) 996-2004 MIRIAM H. WEN VOICE MAIL (408) 278-7883 EMAIL: (V11f1amWefl@aOI.COm D ~~~~~~ Mr . Dave Anderson JUN 2 9 20~) City Manager CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Proposal for Administrative Hearing Officer Dear Mr. Anderson: In response to your letter dated June 6, 2001, I herewith submit my proposal for Administrative Hearing Officer for the City of Saratoga. 1. Information on the firm or attorney: (a) Name, address and telephone number of principal office. JACKSON & ABDALAH 10455 Torre Avenue Cupertino, CA 95014 (408) 252-5211 (b) Type of organization (i.e., sole practicing, partnership, corporation, etc.). A Professional Corporation (c) Describe the type of legal services usually provided by the firm. Municipal, employment, real estate counsel, and civil litigation. (d) The name of the attorney who would have primary responsibility for serving as administrative hearing officer, and the names of any partners. Mr. Dave Anderson __ City Manager June 28, 2001 ____ _ Page 2 Their professional qualifications, State Bar numbers and resumes of experience, shall be enclosed for all attorneys who-may provide any part of the requested services. Richard K.. Abdalah, Esq. State Bar No. 60380 Mr. Abdalah's curriculum vita, which sets _ forth his qualifications and experience, is attached to this letter. Mr. Abdalah's qualifications and experience are also set forth in this letter. (e) Names of associates that will be providing any part of the requested services, their professional qualifications, State Bar numbers and resumes of experience. None. 2. The name, address and telephone number of the person to whom correspondence to the firm or attorney should be directed. Richard K. Abdalah, Esq. 10455 Torre Avenue Cupertino, CA 95014 (408) 252-5211 3. Professional Errors and Omissions Malpractice Liability Insurance coverage information. A copy of the E&O policy declarations page for Jackson & Abdalah is enclosed. 4. Submit information listing at least 10 cases or matters the primary attorney has handled, .decided or litigated, the parties involved, the outcome and whether any follow-up contacts were needed. (a) Village of Four Seasons v. San Jose (zoning violation); resolved favorably to client; no follow-up required. (b) Harkness (neighborhood noise problem); resolved by negotiation; no follow-up needed. Mr. Dave Anderson City Manager June 28, 2001 Page 3 (c) Kuschel v. Illingworth (real estate sale dispute); resolved by mediation; follow- up contact required. (d) Bay Area Machining v. Cardiac Mariners (contract dispute); resolved by negotiation; follow-up contact required. (e) Bozzini v. Multivox (employment contract dispute); resolved favorably by arbitration; follow-up contact required. • (f) Jones v. Creative Science (discrimination complaint); resolved favorably; no follow-up contact required. (g) Deboo v. McKenny (easement dispute); favorably resolved by negotiation; follow-up contact required. (h) Hammett v. County of Santa Clara (civil service appeal); resolved favorably by negotiations; follow-up contact required. (i) Lawler v. Braden (proprietary information dispute); resolved favorably; no follow- up contact required. (j) Printex v. Pleasanton Gravel (commercial lease dispute); resolved by negotiation; no follow-up contact required. Attach at least two writing samples from the primary attorney related to administrative hearings. (Note: these samples may be decisions rendered or arguments presented and do not count against the 10-page limit.) Two writing samples are enclosed. 5. In narrative form, please describe technical methodology for providing administrative hearing officer services to the City including a description of: (a) How you plan to organize and provide administrative hearing services to the City, if selected. Primary Attorney would make an effort to conduct a fair hearing and provide hearing Mr. Dave Anderson City Manager June 28, 2001 Page 4 determinations in a timely fashion. The conduct of the hearing will reflect on the City in general. Public perceptions are important. (b) The relevance of-your experience or your firm's experience to the provision of administrative hearing officer services to the City: Primary Attorney has 11 years of experience in the Santa Clara County Counsel's office, and 15 years in private practice. while working for County Counsel's office, Primary Attorney participated in personnel board hearings and Assessment .Appeals Board hearings as an advocate and as an advisor to the Assessment Appeals Board. Also while an employee of the County Counsel's office, Primary Attorney represented the County in matters relating to Building Code, Housing Code and Planning Code violations. Primary Attorney prepared various resolutions and ordinances, including the County Noise Ordinance. As-a private practitioner, Primary Attorney has appeared at administrative hearings, including Assessment Appeals Board, Planning Commission, zoning violation hearings, unemployment insurance, and wage claim administrative hearings. Primary Attorney was a Planning Commissioner for the City of Los Altos from the period of 1991 to 1998, and sat on the zoning enforcement review committee. Primary Attorney has acted as a small claims pro tem judge and municipal and superior court pro tem settlement judge. (c) Your understanding of the important and unique considerations in providing administrative hearing officer services regarding appeals involving governmental agencies. Primary Attorney's view is that administrative hearings provide a service to the public. In some cases, it may be the only contact the public has with the City, therefore it is vital that the hearing be conducted with the utmost appearance of Mr. Dave Anderson City Manager June 28, 2001 Page 5 fairness. It is extremely important for the public to feel that it had a full and fair opportunity to state his/her case before the hearing officer. Thank you for your consideration of this proposal. Very truly yours, ~`/~. C~ ~ ~.. RICHARD K. ABDALAH RKA/tls enclosures • • a RICHARD K. ABDALAH Mr. Abdalah has been practicing law in Santa Clara County since 1975. For 11 years, he represented the County of Santa Clara in a wide range of government employment and labor matters. He joined the law firm of Jackson &Abdalah in 1986. Mr. Abdalah received a B.A. from the University of California, Davis and earned has J.D. and an M.B.A. from Santa Clara University. He was admitted to the California Bar in 1974 and is admitted to practice in the U.S. District Court, Northern District of California; U.S. Court of Appea_Is, Ninth Circuit; and the United States Supreme Court. Administrative Law Experience Mr. Abdalah has first-hand experience in municipal government. He was on the Los Altos City Planning Commission from 1991 through 1998. He has been involved with the Cupertino Chamber of Commerce for several years and was President from 1997-1998. Mr. Abdalah serves as a Judicial Arbitrator on the Business Law Panel and has served as a Superior Court Pro Tem Settlement Judge since 1987. For the past 12 years, Mr. Abdalah has advised and represented employers in administrative proceedings and civil litigation involving wage claims, employment discrimination, wrongful termination, and harassment complaints. • Law Offices of Charlcs '~'. Kilian !0320 3. De Anza Boulevard, Suite 1-D • C,uperdno 950~d •'relephone: (108) 777~f' 103 /FAX: (d08) 777-3d01 Chsdce T. 6flian EJccn Murray June 26, 2001 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: Dave Anderson City Manager Re: Proposal to Provide Administrative Hearing Officer Services Dear Mr. Anderson: This office takes great pleasure in submitting its proposal to provide Administrative Hearing Officer Services to the City of Saratoga. Qualifications I have been engaged in the private practice of law for over thirty years since my graduation from the University of Michigan Law School in 1971. During this period, I have represented various public entities as well as private ittdividuals and business entities. In 1980, I was selected as both ehe City Attorney for the City of Cupertino and District Counsel for West Valley Sanitation District and have continued to hold these positions for the last twenty-one years. In 1997, I was selected as General Counsel for the East Bay Dischargers Authority in Alameda County and have continued to represent that agency to the present time. I have also represented, at various times, as special counsel, the Town of Los Gatos, City of Sunnyvale, City of Morgan Hall, and King City. As an attorney representing public agencies, I have handled many administrative hearings both as an advocate and as an advisor to a decision maker. As an advocate, I have represented local agencies before County Planning Commissions, County Boards of City of Sazatoga June 26, 2001 Page 2 of 7 Supervisors, and various state agencies (including the Departments of Alcoholic Beverages, motor vehicles, Fish and Game, as well as Regional and State Water Quality Control Boards). As an advisor to decision makers in administrative hearings, I have advised city councils, city managers, and other executive officers regarding matters submitted to them for decision. Over the years, I have prepared statements of decision on behalf of decision makers which are both thorough and dispositive of the issues presented. Of particular note, in my capacity as city attorney for the City of Cupertino, I have. prepared a number of written decisions regarding the suspension and revocation of massage parlor licenses, illegal live entertainment activities, unsanitary grocery store operations, dangerous animals, barking dogs, and a range of other nuisances involving land use. I have attached written samples regarding some of these decisions. • Between 1975 and 1999, I have also served as a part-time paid Superior Court Juvenile Referee and Temporary Judge. In that capacity, I have been called upon to make many decisions as to the guilt or innocence of minors charged with crimes, as well as making many decisions regarding the d isposition of their cases. As a temporary judge in Juvenile Dependency Court, I have been called upon to decide issues of custody, visitation, and removal of minors from the homes of their parents. On average during this 25-year period, I have acted as a referee or temporary judge for approximately two months per year, primarily during times that the regular superior court judges, referees and commissioners were unavailable due to vacations or conferences. ApUlicant's Organization The Law Office of Charles T. Kilian is a sole proprietorship; however, I practice with attorney Eileen Murray, who is my employee. More detailed resumes of both myself and Ms. Murray are attached. The conduct of all administrative hearings will be handled by me, with Ms. Murray's role being primarily limited to conducting legal research and review of documents. This office maintains errors and omissions malpractice liability insurance coverage through Brossard Insurance Services [(underwriter for the Profession Policy # LPLO10894)] ph: (818) 973-1020 [limits of liability $1,000,000/$1,000,000]. Plan to Provide Services I am committed to providing independent, timely, thorough, and fair administrative decisions at the lowest possible cost. I believe that it is essential that administrative hearings be conducted without being unduly influenced by any political or policy positions of individual members of the governing body or of staff members. I believe that it is important to build into any administrative hearing process, procedural and structural safeguards which insure that matters coming before the hearing officer will be handled in a just and timely manner. However, it is also important that all parties involved, including the public at large, be able to understand (while not necessarily agreeing with) the decisions of the hearing officer, as well as the rationale supporting = City of Saratoga June 26, 2001 Page 3 of 7 those decisions. To this end, I anticipate that most administrative hearings will be conducted at City Hall, with my office conference room being available as a backup facility only. I personally will conduct all hearings with my associate Eileen Murray conducting any necessary legal reseazch or review of documents on an "as needed" basis. Our office will be responsible for maintaining an administrative record based upon tape recordings of testimony and argument. Recording equipment can be provided by our _ office. - - . Our office will also be responsible for overseeing and insuring that the proper written notification of interested parties has occurred prior to commencement of the hearing. Unless otherwise directed by the City Manager, the actual mailed notifications will be accomplished by either the city department involved or by the City Clerk. I am also available to review the city ordinances and policies which involve administrative heazings and recommend to the city attorney any modifications to be considered which are needed to improve the hearing process. The heazings themselves shall be conducted in a manner in which the parties will be afforded adequate time for their presentations without unduly delaying the process. To this end, prior to the commencement of a hearing, I will establish specific time limitations for the participants. These time limits will be established on a case-by-case basis depending upon the complexities of the matter being presented. In most cases, participants will not be allowed simply to repeat what is in their previously provided written materials. The goal of these procedures is to reduce the costs associated with the administrative process while making certain that all the participants aze given an adequate ability to present their case. Absent unusual circumstances, my office will produce written decisions within 30 days of the matter being submitted. List of Recent Relevant Cases Handled by Primary AttorneX 1) Hoffman vs. Citv of Cu e~rtino (Superior Court Action No. (CV789245 -Santa Claza County) (2001) A resident of Cupertino, who resides adjacent to a city park and across the street from an elementary school, objected to the use of the park pazking lot by pazents who were picking up and dropping off children enrolled in the school's day Gaze center. The resident, who is an attorney, azgued, among other things, that park pazking facilities could only be used by persons utilizing the park and not by people picking up and dropping off children for day caze. The matter was heard at every level of the city administration, including heazings by the Director of Public Works and the City Manager. The matter was appealed by the resident to the City Council who conducted both a hearing and reheazing in the matter. I prepazed the final decision by the City Council in the matter. I have attached a copy of that decision as a writing sample. The resident, unhappy with the Council's decision, filed for writ of mandate with the Superior Court. At trial, the court sustained the City Council's decision. Final judgment was entered on May 1, 2001. City of Sazatoga June 26, 2001 Page 4 of 7 Other attorne s involved were Mari`' es3for the~residentl~ petitioner h: 650 967=6941, Y ~ ~~ : P P ( ) James R. Hawley, for the elementary school, ph: (408) 287-9501, Dennis Ward for the day caze operator, ph: (408) 987-6262. 2) Citv Administrative Hearings re Massage Parlor Permits (Prima Skin Care) From 1994-1998, the above-described permit holder operated a massage establishment in the City of Cupertino. There were a lazge number of complaints by neighbors regarding various allegedly illegal activities being conducted at the establishment including solici#ation of prostitution. In both November of 1995 and December of 1997, license revocation hearings were held before Cupertino's City Manger. As City Attorney, I acted as legal advisor to the City Manager and drafted both decisions regarding the massage license. City staff was represented by independent counsel. I have attached the two decisions prepared by me for the City Manager's signature as writing samples. Attorneys representing the permit holder were Michael Adams, ph: (415) 560-6978 and Robert Lee Smithton, ph: unknown. Representing City staff was Clifford Campbell, ph: (510) 351-4300. Ultimately, the massage license was revoked after a series of lengthy hearings. No court challenge was filed. • 3) Cit~Cupertino vs. Philip LaBarbera (San Wang Restawant) (Superior Court of Santa Clara County, Case No. CV782730) (2000). Defendants operated a restaurant in the City of Cupertino. As part of the operation, they conducted karaoke and other loud, amplified musical events in violation of vazious city ordinances. After a number of complaints from neighbors, the City conducted a public nuisance hearing. The City determined after the hearing that the restaurant was in violation of its noise ordinance and its zoning code (by operating live music events without obtaining a conditional use permit). The defendants refused to cease its operation, and thereafter our office commenced civil injunction proceedings to curtail defendants' activities. At trial, the defendants, after much opposition, stipulated to judgment enjoining their activities. I was primarily involved in both the administrative process and the subsequent litigation against both the operators and the owners. Other attorneys involved were Katherine S. Pak for the owner, ph: (408) 292-1765 and Thomas Jieng for the operators, ph: unknown. 4) In Re Melchor P. 10 Cal.App.4a' 788, 12 Ca1.Rptr 2d 812 (1992). As temporary juvenile court judge, my decision in the above-entitled case was reviewed by the 6~' District Court of Appeals which affirmed my decision in a published decision. The case involved a number of complex legal issues regarding the interpretation of state law involving suspension of driver's licenses of youth offenders. Rather than repeating the facts and legal issues involved, I have attached the court's opinion which affirmed my decision. City of Saratoga June 26, 2001 Page 5 of 7 -- - 5) In Re Joseph P. (6a' District Court of Appeals No. H009867) (1993) As a temporary juvenile court judge, my decision in the above-entitled case was reviewed by the 6~' District Court of Appeals which affirmed my decision. The case involved a minor's alleged rape of another minor. I handled both the guilt phase (jurisdiction hearing) and the sentencing phase (dispositional hearing). The issues involved included: interest. a) the right of the minor to have an attorney free of potential conflicts of b) the timeliness of the minor's ultimate commitment to the California Youth Authority. _ c) the extension of the minor's sentence (and the juvenile court's jurisdiction to age 25). d) the exercise of my discretion in sentencing the minor to the California Youth Authority. The Appeals Court affirmed my decision on these issues. The full text of the unpublished appellate decision is available upon request from my office. It should, however, be noted that the Appellate Court in its opinion stated at P16: "the record reflects that the Court carefully considered the evidence, testimony, and record in this case before concluding that a CYA commitment was appropriate." 6) In Re Joseph H. (6a` District Court of Appeals, Case No. H009982) (1993) As a temporary juvenile court judge, my decision in the above-entitled case was reviewed by the 6`h District Court of Appeals. The case involved a minor possessing a short-barreled rifle, live ammunition, and a concealed weapon (knife). The issues involved the validity of search and seizure, the admission of expert testimony, and the validity of the findings in support of the judgment. The appellate court affirmed in part upholding the admission of expert testimony and the validity of the necessary findings, but reversed the conviction of possession of a knife based upon an invalid search and seizure. The full decision is available upon request from my office. 7) The Roman Catholic Bishop of San Jose vs Citv of Cupertino (Superior Court of Santa Clara County, Case No. 732683) (1996) The above Petitioner owned a large tract of undeveloped land (212 acres) within the City of Cupertino. Petitioner sought to develop approximately 200 homes on the site. The City Council of the City of Cupertino, based upon its general plan and the EIR for the project, reduced the number of units substantially. The Petitioner brought the above writ of mandate attaching the City's general plan (inadequate as to housing) and the EIR as being inadequate. As City Attorney, I was responsible for developing the findings and sub-conclusions supporting the Council's decision. The case was ultimately resolved by compromise which involved our office as the primary representative for the City. The City of Sazatoga ' June 26, 2001 Page 6 of 7 City allowed a few more units and the case was dismissed by the Petitioner. The attorney involved on behalf of the Petitioner was Daniel Curtin, ph: (510) 937-8000. 8) In the Matter of East Bay Dischargers Authority, Dublin San Ramon Services District, and the City of Livermore -Petition to the State Water Resources Control Board for Review of Action and Failure to Act bYRegional Water Quality Control Board, San Francisco Bay (filed September 15, 2000 . Our office represents the above-described local sewering agencies in their dispute with the Regional Water Quality Control Board regarding allegedly onerous and illegal conditions imposed by the Board on the local agencies in operating POTWS (publicly owned treatment works). A copy of the petition for review is available on request from our office. As of this date, the matter is still pending before the State Board. 9) Michael Akatiff, et al. vs. Santa Clara Valley Water District, et al. (Superior Court, Santa Clara County Case No. 755535) (1996) As a private attorney, I represented a landowner of property in the City of San Jose. The Water District in conjunction with the U.S. Army Corps of Engineers and the City of San Jose, was involved as the lead agency in relocating existing electrical lines along the Guadalupe River adjacent to my client's property as part of a massive flood control project. The relocation involved moving large electrical transmission lines significantly closer to my client's property. I appeared and represented the property owner before the Water Board and presented a case which sought to establish that the EIR which was prepared by the District was inadequate as to the potential impacts related to Electromagnetic Fields (EMFS) with respect to my client's property. Thereafter, I brought an action seeking a writ of mandate to compel the Board to re-examine its EIR. Ultimately, the Board agreed to compensate my client through eminent domain and the case was resolved. The attorney for the Water District was Emily Cote, ph: 265-2600 ext. 2234 10) Philip Wang, et al. vs. Electrite ComPanX (Superior Court, San Mateo County Case No. 383034) (1996) -Related Actions As a private attorney, I represented the plaintiff, an owner of property in East Palo Alto. My client's lessee was an electroplating company. When the lease was terminated and the electroplating company dissolved, it became apparent that the property needed environmental cleanup. I represented the plaintiff before various administrative agencies, including the Regional Water Quality Control Board, the San Mateo County Fire Department, and the Department of Fish and Game. After three years of hearings, negotiations and litigation, my clients were able to obtain "clean site letters" from the agencies and they were able to market the property. A special master was appointed to handle a global settlement of all issues. (William Nagle, ph: (415) 579-1422). City of Saratoga . June 26, 2001 Page 7 of 7 Proposal for Services Our office proposes to provide Administrative Hearing Officer Services on the basis of a one-year contract with compensation based upon an hourly rate of $175/hour. Our office will provide all support services, including secretarial services, copying, postage, and use of a conference room if necessary. We would expect, however, to be reimbursed for all extraordinary out-of-pocket expenses such as travel outside the area, transcripts, unusual copying costs, costs of reproducing plans or blue prints, etc. ~At the end of the year term, I would expect to review our service contract with the City Council. Thank you for granting this office the opportunity to apply for the position of Administrative Hearing Officer. If there are other questions regarding this proposal, please do not hesitate to call or write. Sincerely, Charles T. Kilian ss Enclosures • __ _ CHARLES T. KILIAN 10320 S. De Anna Blvd., #1D Cupertino, CA 95014 (408) 777-3403 (408) 777-3401 Fax charlesk@cupertino. org EDUCATION University of Michigan Law School Juris Doctor 1971 Occidental College Bachelor of Arts Cum Laude 1967 PROFESSIONAL HISTORY Admitted to the California Bar - June. 11, 1971 Employed with the of Firm of Adams, Ball, Wenzel & Terry in San Jose (1971-1976) (7 attorneys) Partner in firm of Adams, Ball, Wenzel & Terry in San Jose (1976-1985) (8 attorneys) Appointed Assistant City Attorney for the City of Cupertino and Assistant District Counsel for West Valley Sanitation District in 1972. Appointed City Attorney for the City of Cupertino and District General Counsel for West Valley Sanitation District on January 1, 1980. I continue to hold these positions today. Sole Practitioner (1985 -Present) Appointed General Counsel for the East Bay Dischargers Authority in Alameda County on October 1, 1997. Although I have a general practice, my major focus is local government law. PROFESSIONALLY RELATED ACTIVITIES Adjunct Professor of Law (First Year Contracts) Lincoln University Law School (1984-1988,1990-1996) Part-time Superior Court Juvenile Referee (1975-1999) Member, Santa Clara County Bar Association Judiciary Committee (1989-1993,1998-1999) EILEEN H. MURRAY Attorney at Law 10320 S. De Anza Blvd., Suite 1D Cupertino, CA 95014 (408) 777-3403 (408) 777-3401 Fax eileenm@cupertino. org Lincoln Law School - Juris Doctorate 1995 UCSC -Paralegal Studies 1988-1991 San Jose State University - BA 1980 PROFESSIONAL HISTORY Law Office of Charles T. Kilian Associate Attorney -Current Agency Law -Client Representation City of Cupertino A Municipal Corporation Assistant City Attorney -Current West Valley Sanitation District Santa Clara County Special District Deputy District Counsel -Current East Bay Dischargers Authority A Joint Powers Authority Assistant Counsel -Current Duties: Represent agencies in litigation, mediation, administrative hearings, azbitration. Advise agency directors, elected officials, commissioners and staff regarding Brown Act, FPPC, statutory law, leases, easements and other legal issues. Review and draft contracts, JPA agreements, legal documents. Prosecute code enforcement violations. Paralegal 1992 - 1995 Boccardo Law Firm, San Jose Law Office of Robert H. Ludlow, Jr., Santa Cruz Legal research and writing -pleadings, memoranda, discovery; ADR briefs. PROFESSIONAL AFFILIATIONS American Baz Association Santa Clara County Bar Association . Sunnyvale-Cupertino Bar Association American Trial Lawyers Association SPECTOR LAW -FIRM COMMERCE PLAZA 900 LA FAY ETTE STREET, SUITE 504 SANTA CLA$A, CALIFOBNIA 95050 TELEPHONE'(408) 249-6599 June 29, 2001 Mr. Dave Anderson City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Re: Administrative Hearing Officer for the City of Saratoga Dear Mr. Anderson: Thank ou for your letter requesting my law firm's application for Administrative Y Hearing Officer. My experience as a Los Gatos Planning Commissioner, Judicial Arbitrator and lawyer qualify me for this position. I am a magna cum laude graduate of Santa Clara Law School and begin practicing law in 1978. Between1980 and 1988 I served on the Los Gatos Planning Commission, two terms as chairperson and two as vice-chair. During that time, the Commission met twice a month and conducted 20 - 30 hearings at each meeting. In making most of our decisions, we acted in a quasi-judicial capacity for the Town, applying the evidence to governing ordinances. In their resolution of commendation, the Planning Commissioners described my approach as being "incisive, no-nonsense," and further stated that: [A]s chair, Barbara took great pains to ensure that all who wished to speak were heard but this was done without allowing redundancy or undue delays.... I have served the Santa Clara County Superior Court as a Judicial Arbitrator since 1985 and have rendered decisions in hundreds of arbitrations since that date. I received my certification as a Mediator from Harvard Law School and provide Mediation, Judge Pro Tem and Special Master services to the Superior Court. I have received training as an Early Neutral - Evaluator from the Federal District Court and provide ENE services to both the federal and state courts. I also provide mediation and arbitration (binding and non-binding) services in the private sector. As a civil trial attorney, I handle business, employment, personal injury and real property cases, have tried complex matters throughout my career, and successfully argued Kendall v. Pestana, Inc. (1985) 40 Ca1.3d_488, a case of first impression, before the California Supreme Court. The legal community, through Martindale-Hubbell, has awarded me-an "av" rating, the highest rating possible. I was the first woman to be elected president of the Santa Clara County Trial Lawyer's Association. I have also been very active in the Santa Clara County Bar Association, have chaired the Civil Practice and F_ ee Arbitration committees, and have been president of the Women Lawyer's Committee. Bud Lortz, Community Development Director for the Town of Los Gatos, and Joanne Benjamin, former Mayor of Los Gatos, have agreed to act as references and are available to discuss my qualifications with you. Mr. Lortz maybe reached at (408) 354-6876, and Ms. Benjamin may be reached at (408) 354-7266. I am enclosing for your consideration my resume, commendations from the Town of Los Gatos, excerpts from an article discussing my background as an attorney, my Lawyer's Mutual declaration sheet, and writing samples from my work as a Judicial Arbitrator and as a lawyer. If there is any further information that you wish to review, please let me know. Thank you for your consideration. BLS/slf enc. • CURRICULUM VITAE OF BARBARA SPECTOR PROFESSIONAL EXPERIENCE Spector Law Firm, Santa Clara , CA Founder a v rating, Martindale-Hubbell Spector & Hackett, San Jose, CA Association of attorneys, Co-founder Moran, Morgan, Tower~Morgan & Spector, San Jose, CA Partner 1992 -present 1986 - 1992 1978 - 1986 Civil litigation (commercial, real estate, employment and personal injury, state and federal courts); Alternative Dispute Resolution including Mediation, Arbitration and Early Neutral Evaluation. ACADEMIC CREDENTIALS J.D., magna cum laude, University of Santa Clara School of Law 1978 M.A., Political Science, San Jose State University 1974 Secondary and Community Teacher Credentials, San Jose State University 1968 & 1974 B.A., English, University of California at Berkeley 1966 Harvard Law School, Mediator Certification 1994 Harvard Law School, Negotiation Certification 1995 PROFESSIONAL AFFILIATIONS The State Bar of California (#83927) 1978 -present Santa Clara County Bar Association: 1979 -present Committee on :Women Lawyers (Pres., 1988) Fee Arbitration Committee (Chair, 1985) Board of Trustees Civil Practice Committee (Chair, 1996) Conference of Delegates Executive Committee Gender Fairness Court Liaison Judiciary Committee Lawyer Referral Service Panel Task Force on Judicial Evaluations California Trial Lawyers' Association 1979 -present California Women Lawyers 1988 -present Santa Clara County Trial Lawyers' Association Board of Governors 1985 -Present President 1992 U.S. District Court Early Neutral Evaluator ~ 1994 -Present Santa Clara County Superior Court, Special Master 1992 -Present ;7 Santa Clara County Superior Court, Judge Pro Tem 1987 -Present ' Santa Clara County Superior Court Judicial Arbitrator/1\'Iediator 1985 -Present Santa Clara County Superior Court Arbitration Administration Committee 1990 - 1998 . Santa Clara County Superior Court ADR Administration Committee 1998 -Present PUBLICATIONS Santa Clara Law Review, Volume 18 Comments Editor 1978 "Title VII Consent Decrees: Affirmative Inaction?" West Publishing Company Co-author "Third Edition of West's California Code Forms -Labor" 1981 PUBLISHED OPINIONS California Supreme Court Kendall v. Pestana Inc. (1985) 40 Ca1.3d 488 PROFESSIONAL SEMINARS The Rutter Group "Discovery 1988" "Discovery 1989" "Law & Motion 1990" 199 ] Bar Leaders' Conference Continuing Education of the Bar (CEB) "Creating and Implementing.a Successful Discovery Plan" 1992/1993 Santa Clara County Bar Association "Civil Pre-Trial Litigation Strategy" "Clueless about Negotiating?" 1994 "How to Represent a Client in Mediation" 1996 "Personal Injury Mediation" 1999 "Elimination of Bias" 1999 1999 COIV1IviITNTT-y SERVICE Los Gatos Planning Commission Chair and Vice-chair 1980 - 1988 Chair, General Plan Committee Downtown Specific Plan Committee Hillside Plan Committee Santa Clara University Law School Board of Visitors 1993 - 1998 • A RESOLUTION (DING BARBARA SPEGTOR FOR HER SERVICE AS A MEL-ffiER OF THE PLANNING CO1~lISSION OF THE TOWN OF LOS GATOS WHEREAS.; .Barbara Spector was appointed to the.Planning Commission and has faithfully served from May 12, 1980 to February 1, 1988 as a Commissioner, which has brought distinction to herself and credit to the Planning Commission; and - WHEREAS, she has given her time unsparingly to advance the planning process within the Town; and WHEREAS, during her tenure, Barbara assisted the Planning Commission in the numerous major studies and projects including but not limited to the following: a. Adoption of the new General Plan Program b. Adoption of the revised Hillside Specific Plan Review c. Adoption of the Downtown Specific Plan d. Zoning Ordinance amendments covering: 1. Sign regulations; 2. Secondary units; 3. Storage of hazardous waste and hazardous materials; 4. The status of clubs, lodges, halls and fraternal organizations; 5. New tree regulations. e. Town-wide Traffic Policies ~,ifiEREAS, Barbara's sense of fairness ensured that the Commission gave unbiased review to applications; and WHEREAS, Barbara has always-demonstrated a detailed and thorough review of the information presented to the Commission; WHEREAS. her incisive, no-nonsense approach has helped the Commission orga- nize its deliberations; WHEREAS, Barbara's method of asking probing questions has assisted the Planning Commission's decision making process by allowing information concern- ing multiple facets of complex issues to~~be available-for deliberation; and. WHEREAS; Barbara served as Chairman of the Commission from September 22, 1982 to September 28,.1983, and September 12, 1984 to September 25, 1985: Vice-chairman of the Commission from September 23, 1981 to September 22, 1982 and September 28, 1983 to September 12, 1984; and • • • WHEREAS. as chair, Barbara took great pains to ensure that all who wished to speak were heard but this was done without allowing redundancy or undue delays in the Commission's deliberations; and WHEREAS. in all of the above endeavors, Barbara has shown qualities of leadership and unselfish public service for -the protection of community values. RESOLVED: That the Planning Commission of the Town of Los Gatos commends Barbara fora job well done and extends its best wishes for her success in fu- ture endeavors. PASSED AND ADOPTED THIS 10th day of February 1988, unanimously. ~- ~... SUSAN GRIMES, Chair ~- Lee Chase / , `-"- C ~~~rr~-i- s~ ArgbVGhe~ardi, f _ J . ",i Sam E. Laub John Lien Kathryn Morgan ,Catherine N. Smit • ~~ , John Uhl ATTEST Lee E. Bowman. Planning Director `/ TOWN OF LOS GATOS ' ` ~ ~ ~- COMMEI~TDATION _= <:s. ' WHEREAS, Barbara Spector served as a member of the Planning Commission since- -_ May 12, 1980; and ~ ,- WHEREAS, during this period she unselfishly contributed-her time, energies _ " and capabilities to both the Commission and the community; and . WHEREAS. during her tenure, Mrs. Spector assisted the Planning Commission in numerous major studies and projects including but not limited to the following: a. Adopted a new General Plan Program b. ,Adopted a revised Hillside Specific P1an.Reyiew c. Adopted the Downtown Specific Plan d. Zoning Ordinance amendments covering: 1. Sign regulations; 2. Secondary units; 3. Storage of hazardous waste and hazardous materials; 4. The status of clubs, lodges, halls and fraternal organizations; 5. New tree regulations. e. Town-wide Traffic Policies WHEREAS, the Town Council feels that such outstanding public service deserves special recognition; " NOW, THEREFORE, BE IT RESOLVED that the Los Gatos Town Council does hereby render, with genuine appreciation, its gratitude and commendation to' Barbara Spector for her service to the Town and its citizens as a member of the Planning Commission. • • • • N ~~ ~ ~ ~a N 0. ~~~ z~z a; w ~~ ~~ cs s.. 0 .~ 0 U z Q LLB z C b ~ OM1 w ,Q V. . e VJ~'v5i ~~ ~~ y O ~"~ it ~, b~ 4; GQ •~ ~ o ~a Up ~ ~. 0 ~ ~ V g 9 j~ ~' ~. ~pY g ~ e5~ ~ ~ ~: a~ _ E ~m ~ ~ '.~J a._°. 6 sB A g A ~ ~ ODD ~ ".. ~ ~ ~. g'O ~Y. ~ a '~ ~ YJ ~ C ~ ~ Y yyyyY a V ~m~ U .J"C yq7 ~p` ~p+ p ~$ V C ~~ V.~^A ~. w 3~~ SY~~O w~g ~y VYY~ O~ "p a6 ~• E a:c o " ~ ~~35 9 o9'ci AA Yo5~~'TC~o=„~~~a~og~9 $ .a~3- '~ ~~: pp ~ w V a g C V~ t 7r ^• b O~ . C ~ :1 °'E-e`og~~~<~V ~e:~.2~~• °'~`~KO~$~ o'~`~.~g8 ^a~9'.~ ": ~•~~._ N 'sat ~x~~ s ~' ~~ ~~'s~3~~•~ ``~.~•~ ~ ~ ~~'~~~ ~~Eo ~ oJE b °~ ~ 3e: c~-~a 5 ~'~ u m'S w 0 6 9$ F ~~ji > C ~' ag~~ Ey3 ~OyJS~ °E"Aen'J Aus^• o S.. « N w rj ~ m pv S G 6 J 11 D .. ~n n~ C A 3 "~ rv° ~ ~ & o.a ~ w.°.y 5 a . °ti e n w~ b b A X,& n~ ~a~~~ ~ a ~ ~° $^a~ 5.'s3 i° E9 p".d ~5y~~~~'~a'$$F1EC$wc_~~0~4~C'~~'yyt"t~~~~~:p::AE '3y"y~ ~• p aYQy ~ 9 " y .~ ~ a V :y Ls m t7 ~~ VI ~ V N ~ A'O ~C v ~ '"C Y ~ S ~ w x w i .C 1•~//' C `o~rvi$•d" u'~ ~i~ ~6~~~ ~bw ;ii LV ~ O Q~~~ w M' o C...erv~~.8 u ~~.~ ~~~~8~ ~.D 9_w",5~•~~L~g ~~ '~~~~~~ $a~~~ N am y ~ 9y y•~ Ce73tn'.~a~~v~~ GGE ~' Y ~ V V V Y C'O O D M V ~ A M F" y ~~ Q"n ~ ~e u E EuF = ~ ~ ~~ a p° e c Ja 'S jS,Y ~ 2j yyss"r~l Cw a :J ,oSS ~• ~. By,gNyp ~~C .5 ''@ 5 7 s ~y,~~ ~ ~».. N ~ ~~. ^ ~~~ "'S~y~E~uw,_Eo~a.o,~~e'g$ ~.r~°~wo~ ~^ eYv~, 9 ~ ~ s ~.~ sgsd~gs~ pg'~9;o ~~ag` ~u°ew"~.o~~~~M`d V~ yrj~gaE 5~`• v'f~. S m' o ~oi p 7 5 w ~< " E V) aay`3~,yY9 w w E ~~ W`.9~"C ~"°'iCSp ~•5~"p,3~i~'a+3",u,«6,~J4w,. aN~='~cvfm'~B y p6 C y ~ w ~i 7. ~ N ~ ~ a ~ V ~ ~ N C ^ N w V yya ~ ~ 'QX ^ ~ G ~ ~Vj b V.C t~i iE ~Oq mwy~•0 $V Yew"CY'J N~~S(y S~~pONy NO ~."~~ . ~~o r~V•~E._~E.•~~V°'~ 5.8~o~cCYNV:ebEwQ"'wy'c^ prr yJ ~. .a o ~?_y y~e ~abryry~ tlu.. A~cC~v'`~f+. "...cu., ~d .,~~, v, Cg~dEN..s cuu E~~ec3~ 3.9nicA b~c~YC.ac7N$w~:a'w.d S ^ ~ -~ ,~ ° " ~ ,~ ~a~ .~~~ ~~ ~~~~ ~~~ , -; ~ ~ S y "^ ~' w O `a •3gSca~•~r~J.~~~a~~~3~~~~ ~~ ~ d' S ~ '~^ 6.. 8~.. 3 g s ~y 5. w~ i E g,{ E ~~ .. ^ Q d ~ ~ ~ ~ ~ k ~ •m s= u fi ~ ~. .8 ~~ o a 3~ i ~~.^~ w~ "~ ~~ ~~~ N (O(.. E~ ~~N~r9 w.~ 3A~w u1~~ ..$ 1~1 ~ ~ 4 ~~~ ~~:~ ~~~ b W ~ a.., ~ 1-~ f X 9 ~ " ~ ~~ a ~~ f \ ~~ !+ YX aWV71•~~~~11 .. ~71.~ • • • ,,-- ~_ 1 • • • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM: L CITY MANAGER: ~~~~ DEPT HEAD: SUBJECT: Planning Commission Actions, June 27, 2001 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of June 27, 2001. 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 -~ r CITY OF SARATOGA PIANNING COMMISSION ACTION M [NUTES DATE: Wednesday, June 27, 2001 - 7:00 p.m. PLACE: Council Chambers/Civic Theater,137Ti' Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Barry, Garakani, Hunter, Jackman, Kurasch and Zutshi ABSENT: Commissioner Roupe STAFF: Director Sullivan, Planners Schubert anal Knapp, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES -Minutes from Regular Planning Commission Meeting of June 13, 2001 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 lawgenerally prohibits the Planning Commission f rom discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding (hal Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 21, 2001. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Comrrlission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Plan~iing Commission at, or prior to, the public hearing. In order to be included in the Planning Comm.ission's information packets, written communication should be filed on or before the Tuesday, a week before the meeting. 1. DR-O1-006, UP-O1-002, TLJP-Ol-•003, LI. -O1-003 (397-22.019) - SARATOGA FIRE DISTRICT, 14380 Saratoga Road; - Request for Design Review and Use Permit approval , " to demolish an existing Fire Station and cor:~struct a new 12,6~~9 square foot Fire Station. A Lot Line Adjustment is necessary for the footprint of the building to be within the property lines. The Temporary Use permit is necessary to allow the ~:emporary Fire Station to be located behind the subject property a~t 20473 Saratoga-Los Gatos Road, during construction. The maximum height of the new Fire Station will be 34 feet 6 inches tall. The project is located within a professional Administrative (P-A) zoning district. (CONTINUED FROM 6/13/01) (;APPROVED 4-2, GARAKANI AND KURASCH OPPOSED) .-~ ~j.. PLANNING COMMISSION AGENDA PAGE 2 JUNE 22, 2001 • 2. DR-00-064 (397-28-002) - SHAHMIRZA, 20431 Walnut Avenue; -Request for Design Review approval to construct a new 2,660 square foot, two-story residence and demolish the existing 1,372 square foot, single story residence. The maximum height of the residence will be 23 feet. The site is 7,633 square feet and is located within an R-1-10,000 zoning district. (APPROVED 6-0) 3. DR-00-055 (397-04-60-Lotl) -JEAN, 14906 Sobey Road; -Request for Design Review approval to construct a new 5,954 square foot single-story home on a vacant lot. The maximum height of the residence will be 26 feet. The site is 41,774 in area and is located in the R-1-40,000 zoning district. (APPROVED 6-0) 4. UP-00-017 (503-24-034) - RATRA, 14395 Big Basin Way; -Request for Use Permit approval to allow the construction of a 517 square foot carwash addition to an existing 1,615 square foot Union 76 gasoline service station and mini-market at the southwest corner of Saratoga-Sunnyvale Road/Saratoga-Los Gatos Road and Big Basin Way/Saratoga Avenue. The 26,689 square foot property is within the CH-1 (Historic Commercial) zoning district. (DENIED 6-0) 5. DR-00-056 &r V-00-022 (517-13-018/019) - SOBRAT0,14800 Bohlman Road; -Request for Design Review and Variance approval to construct a new 7,036 square foot residence and 162 square foot pavilion on a vacant lot. The applicant is requesting Variance approval to exceed the allowable floor area permitted by code. The applicant is also requesting two exceptions. One is a grading exception to allow greater than 1000 Cubic Yards of combined cut and fill, and the other is a fence exception to enclose 12,282 feet where 4,000 is allowed. The site is 6.19 acres, and located within an R-1-40,000 zone district. (WITHDRAWN) DIRECTOR ITEMS Memo to Planning Commissioners regarding items to be studied. COMMISSION ITEMS COMMUNICATIONS Written -Saratoga City Council Minutes from Regular Meetings of May 2, 2001 and May 16, 2001. ADJOURNMENT AT 11:45 TO NEXT MEETING - Wednesday, July 11, 2001 Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA • t ~.~ ;Y a • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 ORIGINATING DEPT: Public Works -- PREPARED BY: ~ AGENDA ITEM: CITY MANAGER: ~ __ DEPT HEAD: •M~ SUBJECT: Construction Debris Recycling Ordinance RECOMMENDED ACTION(S): Receive report and provide direction to staff. REPORT SUMMARY: The purpose of this report is to provide background information and introduce Council to the proposed Construction and Debris Recycling Ordinance (Attachment A). The California Integrated Waste Management Act (Assembly Bill 939) was passed by the State Assembly in 1989 to divert materials from landfills in order to preserve decreasing landfill capacity and diminishing natural resources. The bill mandates each California City and county divert 50 percent of all solid waste from landfill or transformation facilities through source reduction, recycling, and composting activities by January 1, 2000. The City has achieved a 56% diversion rate based upon the present level of source reduction and recycling participation by Saratoga residents and business owners. To assist Saratoga in maintaining a diversion level above 50% and to avoid the statutory penalties associated with non- compliance, it is important that the City continue to implement cost-effective programs aimed at increasing diversion of waste from the landfill. Of the programs and activities in Saratoga's Source Reduction and Recycling Element, the non-residential inert (construction and demolitions debris) recycling program has yet to be implemented. Construction and demolition debris recycling (C&D), as a condition of construction and demolition permits, can result in significant diversion of C&D material from Bay Area landfills. Most contractors already recycle concrete and asphalt for reuse on site because it is less expensive than disposal. The County has prepared a Builder's Reuse and Recycling Guide, (handed out for your review), for local contractors that list firms that assist with deconstruction and reuse of building materials and fixtures. Many of these materials can be recovered at little or no cost to the contractor, but because deconstruction and recycling can take more time, it is important to notify contractors early in the ~, permit process of the requirement to recycle. As a condition precedent to issuance of any permit for a building or demolition project that involves the production of solid waste destined to be delivered to a landfill, the applicant will pay an administrative fee of $200.00. This fee .will compensate the City for all expenses incurred in administering the permit. In addition to cost and time, physical space for multiple containers and recycled materials prior to shipment to the recycling processor can also be an issue for contractors. The Board of the West Valley Solid Waste Management Authority, of which the City is a member, recommends that a recycling ordinance be approved by City Council for inclusion in its permit conditions. These conditions apply to all major construction, remodeling or demolition projects. These requirements have the potential to divert significant quantities of C & D debris from the landfill. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Staff will take the City Council's direction and guidance, incorporating it into a Construction and Debris Recycling Ordinance and bringing it back for formal introduction as a city ordinance on September 5, 2001. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Attachment A - C&D Ordinance • ATTACHMENT A Ordinance No. An Ordinance of the City of Saratoga adding a New Section to the.City of Saratoga Municipal Code, Relating to Recycling and Diversion of Construction and Demolition Debris The City of Saratoga Council does hereby ordain as follows: Section 1. Anew Section is hereby added to:the Saratoga Municipal Code, to read as follows: Recycling and Diversion of Debris from Construction and Demolition Findings and Purpose The City of Saratoga Council hereby finds and determines the City is committed to protecting the public health, safety, welfare and environment; that in order to meet these goals it is necessary the City promote the reduction of solid waste and reduce the stream of solid waste going to land fills; that under California law as embodied in the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), Saratoga is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals, and is required to make substantial reductions in the volume of waste materials going to landfill, under the threat of penalties of $10,000 per day; that debris from demolition and construction of buildings represents a large portion of the volume presently coming from Saratoga, and that much of said debris is particularly suitable for recycling; that Saratoga' s commitment to the reduction of waste and to compliance with.state law requires the establishment of programs for recycling and salvaging construction and demolition materials; the City Council recognizes that requiring demolition and construction debris to be recycled and reused may in some respects add modestly to the cost of demolition and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety and welfare that the following regulations be adopted. Definitions For purposes of this chapter the following definitions apply: A. "Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in Saratoga. B. "Construction" means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of Designated Recyclable and Reusable Materials as defined in paragraph D below. C. "Demolition and Construction Debris" means: 1. Discarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project. ~ ~ . 2. Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project. 3. Non-construction and demolition debris wood scraps. 4. De-minimis amounts of other non hazardous wastes that are generated at . construction or demolition projects, provided such amounts are consistent with best management practices of the industry. 5. Mixing of construction and demolition debris with other types of solid waste will . cause it to be classified as other than construction and demolition debris. D. "Designated Recyclable and Reusable Materials" means: 1. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick. 2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted. 3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. 4. Metals including all metal scrap such as, but not limited to, pipes, siding, window' frames, doorframes and fences. 5. Roofing Materials including wood shingles as well as asphalt, stone and slate -based roofing material. 6. Salvageable Materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. Deconstruction and Salvage and Recovery Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials maybe given or-sold on the premises, or maybe removed to reuse warehouse facilities for storage or sale. Title to recyclable materials forwarded to the operator of recycling facilities or of a landfill that is under contract to the cities in Santa Clara County will transfer to the service provider upon departure of materials from the site. Diversion Requirements It is required that at least the following specified percentages of the waste tonnage of demolition and- construction debris generated from every demolition, remodeling and construction project shall be diverted from going to land fill by using recycling, reuse and diversion programs: Demolition: Fifty percent (50%) of waste tonnage including concrete and asphalt, and fifteen percent (15%) of waste tonnage excluding concrete and asphalt. Reroofing of homes with shingles or shakes as a separate project: Fifty percent (50%) of waste tonnage. Construction and Remodeling: Fifty percent (50%) of waste tonnage. Se arate calculations and re orts will be required for the demolition and for the P P construction portion of projects involving both demolition and construction. Diversion Deposit Exemptions Neither a construction and demolition debris document nor a diversion deposit shall be required for the following: A. Alterations of less than $15,000 in value. B. Roofing projects that do not include the tear-off of the existing roof. C. Work for which only a plumbing permit, only an electrical or only a mechanical permit is required. Information Required Before Issuance of Permit Every applicant shall submit a properly completed "Recycling and Waste Reduction Form", on a form as prescribed by the Building Department, to the Building Department, as a portion of the building or demolition permit process. The form shall contain an accurate estimate of the tonnage or other specified units of construction and/or demolition debris to be generated from construction and demolition on the site. Approval of the form as complete and accurate shall be a condition precedent to issuance of any building oi• demolition permit. Deposit Required As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall post a cash deposit in the amount of fifty dollars ($50.00) for each estimated ton of construction and/or demolition debris, but not less than five thousand dollars ($5,000.00). The deposit or cash bond shall be returned, without interest, in total _ or in proportion, upon proof to the satisfaction of the Building Official, that no less than the required percentages or proven proportion of those percentages of the tons of debris generated by the demolition and /or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons or cubic yazds than required is diverted, a proportionate shaze of the deposit will be returned. The deposit shall be forfeited entirely or to the extent that there is a failure to comply with the requirements of this chapter. Administrative Fee As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall pay to the City a cash fee sufficient to compensate the City for all expenses incurred in administering the permit. On Site Practices During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the Building Department that can be converted to tonnage. The Building Department will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and disposed from the project. The required diversion of a minimum of the required percentages of the demolition and construction debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. To the maximum extent feasible on-site sepazation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials, which cannot be chipped, or ground shall not be placed in such boxes. On-site separation shall be undertaken for wallboard to the extent feasible on new construction. Reporting Within sixty (60) days following the completion of the demolition project, and again within sixty (60) days following the completion of the construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the Building Department, which proves compliance with the requirements of Section .The documentation shall consist a final completed "Recycling and Waste Reduction Form" showing actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Building Department before issuance of a building permit for the construction project: In the alternative, the permitee may submit a letter stating that no waste or recyclable materials were generated from project, in which case this statement shall be subject to verification by the Building Department. Any deposit posted shall be forfeited if the permitee does not meet the timely reporting requirements of this section. Violation a Public Nuisance Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such. The costs of abatement of any such nuisance shall be a lien upon the property involved. Penalties Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for not to exceed six (6) months, or by fine not exceeding one thousand dollars ($1,000.00), or by both such fine and imprison.-nent. Each day that a violation continues shall be deemed a new and separate offense." Section 2. Except as hereby amended, said Saratoga Municipal Code as amended shall be and remain in full force and effect. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance or the application thereof to an}' person or circumstances is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof nor other applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 4. This Ordinance shall be posted in at least three public places within the City of Saratoga and shall be effective from and after thirty (30) days following its adoption. • C I hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Saratoga held on ,and was adapted by said City Council at a regular meeting held on xxxxx xxxxx xxxxx, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: 0 COUNCILMEMBERS ABSTAIN: 0 COUNCILMEMBERS John Mehaffey, Mayor City of Saratoga ATTEST: Cathleen Boyer, City Clerk City of Saratoga • • • Builder' s Reuse Recycling Guide A Directory of Construction and '-' ''tion Material ng Firms ~- ~:~ E ~~.. ~-, ~~`'{~~ Builder's Reuse and Recycling Guide A Facility Directory for Construction and Demolition Material Recycling All information in this directory is supplied by service providers. Since the industry constantly changes, some facilities may have reduced or expanded the types of materials they take. Be sure to call to confirm operating hours, materials accepted, and requirements for preparation of materials. This Guide is a joint effort of the following agencies: • City of San Jose Environmental Services Department • Solid Waste Commission of Santa Clara County • .Center for Development of Recycling • Center for the De~~elopment of Recycling; C•DR The 5ann Clara Counr~~ Recyclin}; Hotline saN JosE CAPITAL OF SILICON VALLEY ENV[RONMEI~'TAL SERVICES DEPARTMENT (408) 277-5533 • www.sjrecycles.org Business listings in this directory should not be construed as a recommendation or endorsement by the City of San Jose's Envirorunental Services Dept., the Solid Waste Commission of Santa Clara County, or The Center For the Development of Recycling. Introduction Why should my business recycle? If you reduce waste, you can save money -this Guide can help contractors gain a competitive advantage by: • Saving money in avoided disposal costs (transportation and landfill fees) • Making money from the sale of salvaged materials. • Saving money by reusing materials on site which avoids higher procurement and transportation costs for materials. Did You Know: • Construction of a typical home generates 4 pounds of waste per square foot. That's 3 tons of waste for a 1,500 square foot residence -more for high-end homes, multi-unit and commercial projects. • Many construction materials, such as wood, drywall, metals, concrete and cardboard can be reused or recycled if prepared properly, and markets for these materials are growing. • Every year, 1.5 million tons of waste is disposed of in Santa Clara County - 30%, or 463,000 tons of this is construction and demolition debris. • Santa Clara County is facing a solid waste disposal challenge. Legislation requiring a 50% reduction in waste bound for landfills by the year 2000 will impact construction practices. If your firm isn't exploring ways to reduce, reuse and recycle construction materials now, you could well be losing a business opportunity. Use this directory to turn your "waste" materials into a competitive advantage. Table of Contents Save Money, Stop Waste from the Start .........4 Definitions & Material Do's & Don'ts ..............6 Appliances .........................................................8 Asphalt/Concrete .........................:....................9 Brick, Tile & Porcelain (sinks & toilets) ........11 Building Materials & Salvage .......................:12 Corrugated Cardboard ...................................12 Dirt & Clean Fill ..........................................14 Drywall .......................................................15 Flooring ...................................... .............15 Padding -Carpet & Foam ...........................15 Hazardous Waste .......................................16 Plastic ........................................................16 Plate Glass (Non-Container) ..........................16 Roofing ............................................................17 Scrap Metals ..............................................17 Wood &Pallets ...........................................23 Yard Trimmings ...............................................27 Yellow Page Categories ..................................28 Recycling City Links ..................:......................29 Recycling Firms Matrix .................................31 Save Money, Stop Waste From the Start. Here's How: -- ~ ~ -~~ R • Use~'designs that minimise the amount of materials used (advanced framing technique, optimum _ value engineering) • Avoid "leftovers" and waste -measure twice and cut once. • Choose durable materials that don't have to be replaced as often. • Use efficient energy practices and products for building construction, operation and maintenance. • Have suppliers deliver products with less packaging. • ` Instead bf traditional demolition, consider salvage and deconstruction, by selectively and carefully removing materials for reuse. • Consider remodeling or retrofitting existing buildings for new use. • Schedule time for salvage and recycling. • Use salvaged materials for remodeling or construction • Donate surplus and salvaged materials r: • Research recycling options before the job starts. • Recycling programs succeed when someone in the company takes responsibility. Assign a member of your crew. • Time spent separating materials is reduced as a crew gains experience. • Clean loads are the key to successful recycling. Be sure your idea of a "clean" load is the same as your recycler's by calling before hand. • Make subcontractors part of your recycling program. • Set up site recycle locations early. Use large signs or color-code areas to duect crews to recycling bins. • Start with easy to recycle materials then add others. • Use Recycled Materials Recycled content building materials, such as insulation, plastic lumber, and file are market ready, competitively priced and perform as well as virgin products. Marketable con-struction items include: metals and architectural items salvaged during demolition, recycled wood waste, and such products as concrete and asphalt. ~ ~. For information on where or how to buy recycled content building products, call the Santa Clara County Recycling Hotline at (800) 533-8414. To fmd materials you want or to list materials that you have, contact CALMAX at 916-255-2369. CALMAX helps businesses, industries and institutions match reuse and recycling needs for anything no longer useful to its current owner, including excess products and outdated equipment. Definitions & Material Do's & Don'ts A surprising number of materials aze recyclable. Tips on recycling certain materials follow. Fluorescent Lighting: Lamps and ballasts can contain hazardous materials that should not be disposed of as garbage. Recyclers should be able to provide proof that their accepted materials are recycled at a permitted facility with a certificate of ~recycling:- Glass: Include plate glass from single- or double- pane windows; Do not include neoprene gaskets, putty or frames. Hazardous Waste: Set aside product for proper disposal at a hazardous waste facility when they can't be reused on another project. Call the Santa Clara County Hazardous Waste Drop Off Program at (408) 299-7300 for disposal information. Land-clearing debris: Include grass, leaves, sod, woody debris, stumps, limbs and brush. Do not include concrete, rock or treated landscape timbers. Mixed waste: Several types of construction and • demolition debris can be combined in one container. Mixed waste can be taken to a material recovery facility for recycling. Do not put household garbage, food,. liquid and hazardous wastes in with mixed waste. Plant salvage: Trees, shrubs and other vegetation removed from construction sites can be salvageable. Enlisting the services of landscaping fums can save land- clearing costs and preserve valuable vegetation. Roofing: Recycle composition, 3-tab and architectural grade shingles, roofing felt and fasteners. Do not include wood shakes, roll roofing, commercial build-up, or membrane-type roofing. Uncoated corrugated cardboard: Include cardboard with a wavy middle layer and no wax or plastic coating. Includes kraft paper, such as brown paper sacks. Small amounts of glue, tape and staples are acceptable. Untreated wood: Include lumber, particle-board, pallets, plywood and crating. Most processors accept painted or stained wood and wood containing nails and .screws. Do not include pressure-treated or creosote- treated wood. ~~ Non-Recyclable construction and demolition debris The following materials should be disposed of as solid waste. Items with an* are hazardous and require special handling or disposal. • Materials containing asbestos (old pipe insulation, - asphalt floor tiles and old linoleum) * - Wood that's been pressure-treated or creosote-treated (rail road ties and telephone poles) • Dry paint chips and completely dried-out paint • Empty barrels* • Empty paint buckets, cans and caulking tubes • Sprayed-on foam insulation or foam-in-a-can products • • Laminate scrap and other composite/plastic interior finish material scrap • Snack or lunch scraps, food containers, wrappers and cups. • Petroleum or chemical contaminated soils* • Plaster from lathe and plaster walls* • Plastic pipe or plastic conduit scrap (PVC, CPVC, ABS, etc.) • Vinyl siding and vinyl window frames • Waxed corrugated cardboard • Worn-out or dirty plastic -drop cloths and tarps • ~~ Appliances Browning Ferris Industries (BFn ................(408) 262-1401 1601 Dixon Landing Road • Milpitas x/st: Hwy 880 Butterick Enterprise/B&B Rolloff ......:........(408) 292-5687 505 Burke Street • San Jose x/st: 10th Street & Senter Road 7:OOam-4:OOpm; Monday-Friday 8:OOam-2:OOpm, Saturday . drop-off,• fee for service Markovits & Fox ........................................(408) 453-7888 1633 Oakland Road • San Jose x/st: Brokaw & Gish Road 8:OOam-5:OOpm, Monday -Friday Call fast San Jose Recycling II ..................................(408) 937-0188 686 N. King • San Jose x/st: McKee 7:30am-4:30pm, Monday-Friday drop-off,• fee for service San Martin Transfer Station ......................(408) 842-3358 14070 Liagas Avenue • San Martin, CA 95046 SIMS America .............................................(408) 494-4200 1900 Monterey Highway • San Jose x/st: Tully 8:OOam-4:30pm, Monday-Friday 8:OOam-1:OOpm, Saturday All appliances, oil and Freon muss be removed; No hazardous materials SMaRT Station ............................................(408) 752-8530 301 Carl Road • Sunnyvale, CA 94089 Services Sunnyvale, Mt. View, & Palo Alto only Valley £cecycling .........................................(408) 297-5352 1615 B South 7th Street • Santa Clara. CA 951 12 Zanker Resource Management 705 Los Esteros Road x/st: Zanker 6:OOam-5:45pm. Monday-Friday 8:OOam-3:45pm. Saturday-Sunday drop-off, fee for service • (408) 263-2383 Asphalt/Concrete American Rock and Asphalt ......................(510) 459-7740 4001 W. Winton Avenue • Hayward 7:OOam-3:30pm, Monday-Friday drop-off,• fee for service Browning Ferris Industries (BFI) ...........:....(408) 262-1401 1601 Dixon Lending Road • Milpitas _ x/st: Hwy 880 - Butterick Enterprise/B&B Rolloff ...............(408) 292-5687 505 Burke Street • San Jose x/st: 10th Streei & Senter Road 7:OOam-4:OOpm, Monday-Friday 8:OOam-2:OOpm, Saturday drop-off fee for service Granite Construction Company .................(408) 224-4124 120 Granite Rock Way • San Jose, CA 95136 Granite Rock Co .........................................(408) 281-9665 100 Granite Rock Way • San Jose x/st: Capitol/Snell 7:30am-3:30pm, Monday-Friday drop-oB' Guadalupe Landfill ....................................(408) 268-7451 15999 Guadalupe Mines Road • San Jose 8:OOam-4:45pm, Monday-Sunday drop-o~;• fee for service LaVista Corning ..........................................(510) 538-5085 28814 Mission Boulvard • Hayward x/st: Tennyson 7:30am-4:OOpm, Monday-Friday drop-o8; free if clean Mission Trail Waste Systems .....................(408) 727-5365 1313 Memorex Drive • Santa Clara x/st: Lafayette 7:30am-4:OOpm drop-off,• fee for service Raisch Products #3 .....................................(408) 934-1847 2122 Old Calaveras Road • Milpitas x/st: Evans Road 7:30am-4:OOpm, Monday-Friday drop-oB,• fee for service ~:~ ~n~~~ " ~+' ~ ~ ~ ~e ~ ~, e~ N} ~~ ' r ] G iF~ ~~ 'i i Nv~gY.t^ H 'kr4.i.~t`- 1 ~ 7. ~ ai i~ ~ i ~ _ ?.,:3' t~'",f^`-,jr ETC ~ '~.. .. ~ j c_~ ._ 4 ~ ~\ • Raisch Products (San Jose) ........................(408) 227-9222 55 Hillsdale Avenue • San Jose x/st: Snell Avenue ' 7:30am-4:OOpm, Monday-Friday drop-off; fee for service Raisch Products (Sunnyvale) .....................(408) 734-4245 1444 Borregas Avenue • Sunnyvale - x/st: Caribbean ~. 7:30am-4:OOpm, Monday-Friday drop-oE,• fee for service Reed & Graham .........................................(408) 287-1400 690 Sunol Street • San Jose x/st: Auzerais 6:OOam-5:OOpm, Monday-Friday drop~ff,• fee for service; c%an asphalt only, no rebar San Jose Recycling II ..................................(408) 937-0188 686 N. King • San Jose x/st: McKee 7:30am-4:30pm, Monday-Friday drop-off,• fee for service SMaRT Station ............................................(408) 752-8530 301 Carl Road • Sunnyvale x/st: Bon egas 8:OOam-5:OOpm, Open 7 days (operated by USA Waste) drop-off,•. fee for service South Valley Disposal & Recycling .................................................(408) 842-3358 San Martin Transfer Station 14070 Llagas P.oad • San Martin x/st: San Martin Avenue Open 7 days a week 8:OOam-4:30pm, Monday-Friday drop-off fee for service Waste Management of Santa Clara County ....................:..........(408) 982-0100 715 Comstock Street • Santa Clara x/sr. Lafayette 8:OOam-S:OOpm, Monday-Friday drop~ff,• fee for service Zanker Resource Management ................(408) 263-2383 705 Los Esteros Road • San Jose x/st: Zanker 6:OOam-5:45pm. Monday-Friday 8:OOam-3:45pm, Saturday-Sunday drop-off,• fee for service • Brick, Tile & Porcelain (sinks & toilets) Butterick Enterprises-B & B Rolloff ...........(408) 292-5687 505 Burke Street • San Jose drop box service for a fee Browning Ferns Industries (BFI) ................(408) 262-1401 1601 Dixon Landing Road • Milpitas x/st: Hwy 880 • Granite Rock Co ................................:........(408) 281-9665 100 Granite Rock • San Jose Raisch Products #3 .....................................(408) 934-1847 2122 Old Calaveras Road • Milpitas - x/st: Evans Road 7:30am-4:OOpm, Monday-Friday drop-off,• fee for service Raisch Products (San Jose) .... 55 Hillsdale Avenue • San Jose x/st: Snell Avenue 7:30am-4:OOpm, Monday-Friday drop-o6; fee for service ........(408) 227-9222 Raisch Products (Sunnyvale) ...... 1444 Borregas Avenue • Sunnyvale x/st: Caribbean 7:30am-4:OOpm, Monday-Friday drop-off; fee for service San Jose Recycling II ....................... 686 North King Road • San Jose SMaRT Station ........................ 301 Carl Road • Sunnyvale x/st: Bon egas 8:OOam - S:OOpm, Open 7 days (operated by USA Waste) drop-off,• fee for service ..(408) 734-4245 (408) 937-0188 (408) 752-8530 Zanker Resource Management .......... ......(408) 263-2383 705 Los Esteros Road • San Jose x/st: Zanker 6:OOam-5:45pm Monday-Friday ='~-: , ~, , 8:OOam-3:45pm, Saturday-Sunday drop-oE,- fee " - ~ ~ _. rt J ,.-'.~ ~. ~~ ~: ; U~ ~~~5'~ti 1 ~ - i, ~ - ti ~ ~ ~~: _~:, ~ } ~ ~ :1 ~ r._ .J ~~ •"- Y t~ - ~,~ ,~J ,..ay~t, .r °e ~' r ' "S ~ ~ '" r • • Building Materials & Salvage Buyers of building materials are listed in the Telephone Book Yellow Pages under Building Materials -Architectural, Antique & Used National Pak Rat, Inc ................................(408) 842-1346 105 Leavesley Road Bldg. #2E • Gilroy Accepts used salvaged and donated building materials; offers apick-up program and consignment program to seU loose materials for contractors. Whole House Building Supply ..................(650) 856-0634 1955 Pulgas Avenue • East Palo Alto x/st: Highway 101 and Embarcadero Road 1:OOpm-6:OOpm, Monday-Saturday Accepts used salvage and donated building materials Provides loose salvage sales coordination Corrugated Cardboard A-1 Recycling; Circus ...................................(408) 842-0288 150 Hawson Street • Gilroy x/st: Church Street 8:OOam-5:OOpm, Monday-Saturday Buy-back ABC Recycling Industries ...........................(408) 727-9736 1031 Martin Avenue • Santa Clara x/st: Lafayette 7:OOam-S:OOpm, Monday-Friday 7:OOam-12:UOpm, Saturday Buy-back All Waste Recycling ....................................(510) 791-6980 6565 Smith Avenue • Newark x/st: Cherry 9:30am-4:30pm, Monday-Friday . 9:00-4:30. Saturday Buy-back Bay Area Recycling Center ........................(408) 371-5834 710 McGlincey Lane • Campbell x/st: Union 8:OOam-S:OOpm, Monday-Saturday Drop-off ~i Corrugated Cardboard; continued BFI Recyclery ..................................... .........(408) 262-1401 1601 Dixon Landing Road • San Jose x/st: Hwy 880 gam-S:OOpm, Tuesday-Friday 7:30am-4:OOpm, Saturday Buy back In-House Commercial Recyclers ................(408) 292-4372 _ 2494 Parquet Court • San Jose ' Pickup by arrangement JDM Packaging (Campbell) .............. .........(408) 559-6201 2756 S. Bascom Avenue • Campbell x/st: Union Avenue _ 9:OOam-6pm, Monday-Friday 9:OOam-5:OOpm, Saturday ' Drop-o6; buy moving boxes . JDM Packaging (San Jose) ............... .........(408) 287-2005 1177 W. San Carlos Street • San Jose x/st: Lincoln Avenue 9:OOam-6:OOpm, Monday-Friday Drop-oB;• buy moving boxes JDM Packaging (Sunnyvale) ............ .........(408) 739-2500 176 E. Fremont Avenue • Sunnyvale x/st: Sunnyvale-Saratoga Road 9:30am-6:OOpm, Monday-Friday 10:00am-S:OOpm, Saturday Drop-off buy moving boxes Premier Recycling & Disposal .......... .........(408) 297-7910 348 Phelan Avenue x/st: 7th 8:OOam-S:OOpm, Monday-Friday Pickup by arrangement; fee for service Recycled Fibers of CA .........:.............. .........(408) 297-1022 388 E. Alma • San Jose x/st: 7th and 10th Streets 6:OOam-6:OOpm, Monday-Friday 6:30am-12:OOpm, Saturday buy-back; pickup available for fee . Recycling Depot .................................. .........(408) 980-1234 2375 De La Cruz • Santa Clara x/st: Martin & Reed 7:OOam-6:OOpm, Monday-Friday 7:OOam-5:OOpm, Saturday 9:OOam-5:OOpm, Sunday Buy-back • • Recycling Specialist ....................................(408) 437-7553 1720 Old Bayshore Highway x/st: Zanker 7:OOam-S:OOpm, Monday-Friday 7:OOam-12:OOpm, Saturday Buy-back RJR Recycling ..............................................(408) 636-7756 721 Renz Lane x/st: Pacheco Pass 8:OOam-5:OOpm, Monday-Saturday Buy-back Security Shredding Co., Inc ...................... .(408) 452-5996 P. O. Box 3304 x/st: Commercial & Berryessa B:OOam-S:OOpm, Monday-Friday 7:OOam-3:30pm, Saturday Buy back; pickup available for fee SMaRT Station ............................................ (408) 752-8530 301 Carl Road • Sunnyvale x/st: Botregas 8:OOam-5:OOpm, Open 7 days (operated by LISA Waste) Drop-off Smurfit Recycling ....................................... (408) 975-1300 205 East Alma Avenue x/st: 7th Street 6:30am-2:OOpm, Monday-Friday 7:OOam-12:OOpm, Saturday Buy-back Tri-City Economic Development ................. (510) 471-3850 33377 Western Avenue • Union City 8:30am-S:OOpm, Open 7 days Buy-back Weyerhaeuser Paper Company ............... (408) 287-5477 1617 Almaden Road x/st: San Jose and Alma Avenue 8:OOam-S:OOpm, Monday-Friday Buy-back Other Buyers of Cardboard are listed in the Telephone Book Yellow Pages under Recycling Center. Dirt & Clean Fill All of the area landfills will accept Dirt and Clean Fill for a fee. However, requirements and costs vary. Contractors are advised to call in advance. 1 `~ Drywall SMaRT Station ............................................(408) 752-8530 301 Carl Road • Sunnyvale x/st: Borregas 8:OOam-5:OOpm, Open 7 days (operated by USA Waste) drop-off,• new & dean only ~ _ Zanker Resource Management ................(408) 263-2383 705 Los Fsteros Road x/st: Zanker 6:OOam-5:45pm, Monday-Friday 8:OOam-3:45pm, Saturday-Sunday drop-off, new & dean only Flooring DuPont Carpet Reclamation/Recycle Center .....................(408) 271-1100 950 S. Bascom # 1014 • San Jose Removes and recycles carpet ifDuPontAntron carpet JS purchased San Jose Recycling II .................................(408) 937-0188 686 North King Road • San Jose Padding -Carpet & Foam Danny's Foam Recycling ............................(408) 492-9033 1061 Martin Avenue • Santa Clara x/st: Scott Boulevard 7:OOam-4:OOpm, Monday-Friday 8:OOam-2:OOpm. Saturday Accepts foam padding (ex. carpet, cushion) Call before visiting facility. Waste Management of Santa Clara County ...............................(408) 982-0100 715 Comstock Street • Santa Clara x/st: Lafayette 8:OOam-5:OOpm, Monday-Friday drop-o9; fee for service Zanker Resource Management ................(408) 263-2383 705 Los Esteros Road • San Jose x/st: Zanker 6:OOam-5:45pm, Monday-Friday 8:OOam-3:45pm. Saturday-Sunday drop-oB; fee for service . C7 Hazardous Waste Hazardous Waste: Set aside product for proper disposal at a hazardous waste facility when it can't be reused on another project. Call the Santa Clara County Hazardous Waste Drop Off Program at (408) 299-7300 for disposal information. Plastic Amigo Bag and Lining ...............................(800) 995-7714 Oakland, CA >4,0O0 lbs pick up free Polymer Recovery Services .......................(408) 748-9715 1440 Norman Avenue • Santa Clara SMaRT Station ............................................(408) 752-8530 301 Carl Road • Sunnyvale x/st: Bon eggs 8:OOam-5:OOpm, Open 7 days (operated by USA Waste) drop-off Plate Glass (Non-Container) All Waste Recycling ....................................(510) 791-6980 6565 Smith Avenue • Newark x/st: Cherry Street 9:OOam-4:30pm, Monday-Friday 9:OOam-3:OOpm, Saturday drop-off,• fee for pickup service Mission Trail Waste Systems .....................(408) 727-5365 1313 Memorex Drive • Santa Clara x/st: Lafayette 7:30am-4:OOpm drop-o8: fee for pickup service SMaRT Station ............................................(408) 752-8530 301 Carl Road • Sunnyvale x/st: Borregas 8:OOam-5:OOpm. Open 7 days (operated by USA Waste) drop-off • Roofing - • ~~~Q, Zanker Resource Management ................(408) 263-2383 705 Los Esteros Road • San Jose x/st: Zanker 6:OOam-5:45pm, Monday-Friday 8:OOam-3:45pm, Saturday-Sunday drop~ff fee for service, will accept asphalt shingles, wood shakes, shingles, file shingles, must be separated - . Western Recovery .............................:........(510) 668-1160 ~• 7010 Auto Mall Parkway • Fremont drop~ff fee for service; will accept asphalt shingles Scrap Metals A-1 Recycling Circus ................................... (408) 842-0288 150 Hawson Street • Gilroy x/st: Church Street 8:OOam-5:OOpm, Monday-Saturday buys brass; nickel, and zinc, cast iron, lead, fenous & non- fetrous metals, insulated and uninsulated copper wire ABC Recycling Industries ...........................(408) 727-9736 1031 Martin Avenue • Santa Clara x/st: Lafayette 7:OOam-S:OOpm, Monday-Friday 7:OOam-12:OOpm, Saturday buys aluminum, alloys, brass, copper, lead, nickel, non-fen•ous, steel, and zinc CaU first All Waste Recycling ....................................(510) 791-6980 6565 Smith Avenue • Newark x/st: Cherry 9:30am-4:30pm, Monday-Friday 9:OOam-4:30pm, Saturday Buys aluminum, copper and brass Call first All Recycling Inc .................................:.......(408) 629-4061 175 Lewis Road, Bldg. 25 • San Jose x/st: Monterey Highway 9:OOam-S:OOpm, Monday 9:OOam-6:OOpm, Tuesday-Sunday Buys aluminum, ferrous, steel, brass, copper, zinc, base metals, lead Call first ,' - • 1 ~ '~'~ „ ~ ~~, i /F~ ~~ ~ ~ ~~ ~ . ;,~~ _f -, • B & B Rolloff - Butterick Enterprises .........(408) 292-5687 505 Burke Street • San Jose Bay Area Recycling Center ........................(408) 371-5834 710 McGlincey Lane • Campbell x/st: Union 8:OOam-S:OOpm, Monday-Saturday buy back & drop-off,• non ferrous, bimetal cans, wire ('insulated & notJ; takes radiators; no lead acid batteries ~. Best Metals Process ...................................(408) 279-3906 782 Park Avenue • San Jose x/st: Sunol 9:OOam-6:OOpm, Monday-Friday Buys alloys,. non-ferrous, & precious metals Electronic assemblies, components, color computer monitors Call first Bio Service N/ood Recovery ......................(408) 988-4303 600 Mathew Avenue • Santa Clara Browning Fer: is Industries (BFI) ................ (408) 262-1401 1601 Dixon Landing Road • Milpitas C and H Electronic Recovery .....................(408) 937-0494 50 E. St. John Street • San Jose x/st: King 8:OOam-S:OOpm, Monday-Friday Saturday by appointment Computer disks, computer monitors, computer equipment and office equipment, Precious metals • Capitol Recycling Center ............................(408) 275-8885 361 N. San Pedro • San Jose x/st: Basset 9:30am-5:30pm, Monday-Saturday 9:30am-2:30pm, Sunday Closed Tuesday Buys aluminum, ferrous, steel, brass, lead, nickel, precious metals, and zinc City Metals and Salvage ............................(408) 452-0777 11665 Berryessa Road • San Jose x/st: Commercial S:OOam-5:OOpm, Monday-Friday 8:OOam-12:45pm, Saturday Commercial only Buys aluminum, ferrous, stee% base metal, precious, and zinc. Will buy autos complete with title, and shock absorbers. Electronic assemblies Scrap Metals, continued ECS Refining ................................................(408) 988-4386 705 Reed Street • Santa Clara x/st: Lafayette & Grant 7:30am-4:OOpm, Monday-Friday Buys ferrous metals, non ferrous, precious, lead Call first Heckman Metals Company .......................(650) 324-9666 220 Demeter Avenue • Palo Alto x/st: Bay Road - 8:OOam-4:30pm, Monday-Friday 9:OOam-12:OOpm, Saturday Call for minimum pick-up quantities on aU materials. Buys aluminum, ferrous, steel, alloys, base metals, non ferrous, brass, cooper, precious, zinc, lead, nickel, electronic parts and components Jatsco & Diamond Metals ..........................(408) 935-9393 231 Houret Drive • Milpitas x/st: Montague Expresway 7:30am-4:OOpm, Monday-Friday 8:OOam-12:OOpm, Saturday Buys aluminum, ferrous, steel, &non-ferrous metals Markovits & Fox ........................................(408) 453-7888 1633 Oakland Road • San Jose x/st: Brokaw & Gish Road 8:OOam-5:OOpm, Monday-Friday Buys aluminum, ferrous, stee% brass, aerosol cans, lead, nickel, precious metals, zinc, and non-ferrous Call first Martin Recycling ........................................(408) 842-2565 6310 Chestnut Street • Gilroy x/st: Luchessa 8:OOam-5:OOpm, Monday-Saturday Buys aluminum, non-ferrous metals & parts made of non-fen-ous metals Metal Brokers Inc .......................................(408) 254-9195 350 Marburg Way • San Jose x/st: 33rd Street 9:OOam-5:OOpm, Monday-Friday 9:OOam-3:OOpm, Saturday Buys ferrous and non-ferrous metals Commercial only Metals Reclamation Service ......................(408) 723-8528 2169 Marques Avenue • San Jose x/st: Curtner 7:30am-5:30pm, Monday-Friday Buys precious metals, wire, electronic assemblies, monitors Call first • `~ Metals West ................................................(408) 946-2315 1436 State Street • San Jose (Alviso) x/st: Essex 8:OOam-4:30pm, Monday-Friday Buys parts and components, non-ferrous and precious alloys Reusable office furniture and equipment Takes large quantities of computer monitors Metech International ..................................(408) 848-3050 6200 Engle Way • Gilroy x/st: Luchessa 7:30am-4:OOpm, Monday-Friday Commercial only Buys precious metal scrap only large quantity of electronic assemblies Micro Metallics Corp ..................................(408) 998-4930 1695 Monterey Hwy • San Jose x/st: Bernard/Phelan 8:OOam-5:OOpm, Monday-Friday Buys brass, copper, photographic sludge, precious metals, solder dross; no hazardous metals Pacific Coast Recycling ..............................(408) 298-9065 1850 S. 7th Street • San Jose x/st: Tully & Phelan near UPS . 8:OOam-5:00 pm, Monday-Friday 8:OOam-3:OOpm, Saturday Buys aluminum, ferrous, steel, alloys, brass, lead, nickel, non- ten-ous, precious, steel, zinc carburetors, radiators, starters, autos, farm equip., buses, trucks Call First Quick Recycling; Center ..............................(408) 294-6987 534 C Stockton Avenue • San Jose x/st: Taylor Street 10:00am-5:OOpm, Monday 9:OOam-5:OOpm, Tuesday-Sunday Buys alurrrinum, ferrous, steel, brass, copper, lead, nickel, zinc RA Enterprises ...................................:........(408) 986-8286 2260 De La Cruz Boulevard • Santa Clara x/st: Reed 9:OOam-6:OOpm, Monday-Friday 9:OOam-3:30pm, Saturday Accepts various metals from businesses Ranchtown ..................................................(408) 292-3333 775 Lincoln Avenue • San Jose x/st: Parkmoor & San Carlos 10:30am-6:30pm ,Tuesday-Friday 8:OOam-3:30pm, Saturday-Sunday Buys aluminum, ferrous, steel, alloys, brass, lead, insulated and uninsulated copper wire, non-ferrous cast iron, and tin Scrap Metals, continued Recycling Depot ..........................................(408) 980-1234 2375 De La Cruz • Santa Clara x/st: Martin & Reed 7:OOam-6:OOpm, Monday-Friday 7:OOam-5:OOpm, Saturday 9:OOam-5:OOpm, Sunday - _ Buys aluminum, ferrous, steel, & non-ferrous metals - Recycling Specialist ....................................(408) 43.7-7553 1720 Old Bayshore Highway • San Jose x/st: Zanker 7:OOam-5:OOpm, Monday-Friday 7:OOam-12:OOpm, Saturday Buys aluminum, ferrous, steel, alloys, brass, lead, painted, precious metals, and zinc, nickel, insulated and uninsulated copper wire, non ferrous cast- iron; refrigerators w/out Freon RJR Recycling ...........:...................................(408) 636-7756 721 Renz bane • Gilroy x/st: Pacheco Pass 8:OOam-5:OOpm, Monday-Saturday Buys aluminum, ferrous, steel, brass, copper and lead; accepts ferrous, Rol%oB'bm is available for large quantities Call first San Jose Metals (408) 293-4032 1032 N. 10th Sheet • San Jose x/st: Hedding 8:OOam-S:OOpm, Monday-Saturday 8:OOam-1:OOpm, Sunday Buys aluminum, ferrous, stee% base metals, non-ferrous, precious metals, Call Rrst San Jose Recycling II ...........:......................(408) 937-0188 686 North King Road • San Jose SIMS America .............................................(408) 494-4200 1900 Monterey Highway • San Jose x/st: Tully 8:OOam-4:30 pm, Monday-Friday 8:OOam~1:00pm, Saturday Buys aluminum, ferrous, steel, alloys, base metals, non- ferrous; All appliances, oil and freon must be removed,- Autos w/ DMV re/ease; Electronic assemblies/componen[s; No hazardous materials SMaRT Station .....................'.......................(408) 752-8530 301 Carl Road • Sunnyvale x/st: Borregas 8:OOam-5:OOpm, Open 7 days (operated by USA Waste) drop-oB • i~ • South Bay Metal Inc ...................................(408) 848-2705 64 Denio Avenue • Gilroy x/st: Buena Vista & Monterey 8:OOam-5:OOpm, Monday-Friday 9:OOam-1:OOpm, Saturday Buys aluminum ferrous, steel, alloys, base metals, zinc, non fen-ous, scrap iron. Car motors, radiators; electric motors, - Wil/ pick up large quand6es.with appomtrnent .~ Tomra Pacific Inc. (Formerly Reynolds) ...................................(408) 293-0760 1303 Story Road • San Jose x/st: Felipe 9:OOam-S:OOpm, Monday-Friday 8:30am-4:30pm, Saturday-Sunday Accepts brass scrap; insulated and uninsulated copper wire United Datatech ..........................................(408)327-0900 3310 Woodward Avenue • Santa Clara x/st: Laurelwood 8.:OOam-5:OOpm, Monday -Friday Accepts lighting ballasts, and precious metals Valley Recycling .........................................(800) 297-5352 1615-B S. 7th Street • San Jose i x/st: Alma 8:OOam-S:OOpm, Monday-Friday Buys aluminum, ferrous, steel, alloys, base metals, 6n, non-ferrous, zinc, brass; Will buy-back autos with title VP Electronics .............................................(408) 435-8400 2277 Ringwood Drive • San Jose x/st: Tradezone 7:30am-4:30pm, Monday-Friday Accepts alloys, brass, lead, mercury, nickel, non-fen•ous, precious, and zinc Commercial only Western Recycling ......................................(408) 779-1781 91 E. 4th Street • Morgan Hill x/st: Depot Street 9:OOam-5:OOpm, Monday-Saturday Buys aluminum, ferrous, steel, brass, copper, lead, & steel, carburetors, radiators, starters, and alternators Zanker Resource Management ..............(408) 263-23837 705 Los Esteros Road x/st: Zanker 6:OOam-5:45pm, Monday-Friday 8:OOam-3:45pm, Saturday-Sunday dropoB, fee for service t~P~ Scrap Metals, continued South Bay Zemaitis Inc ..............................(408) 986-0772 2032 Martin Avenue • Santa Clara x/st: Martin & Scott 8:30am-5:OOpm, Monday-Friday Bvys aluminum, ferrous, steel, alloys, brass, non-fenovs, and precious metals (no painted metal/steel); Call first - Other Buyers of Scrap Ivletals are listed in the Telephone Book ~ . Yellow Pages under Recycling Center and Scrap Metals. Wood & Pallets All Points Roll Off .......................................(408) 238-4187 2670 S. White Road • San Jose x/st: Norwood 8:OOam-S:OOpm, Monday-Friday pick-up available Bio Fuel Systems, Inc ...............:.................(408) 942-6908 1000 Ames Avenue #D • Milpitas Fax: (408) 263-2400 x/st: Las Positas 7:OOam-5:30pm, Monday-Saturday drop-o@`; fee for service Bio Services Wood Recovery .....................(408) 998-4303 600 Mathew Street x/st: Lafayette 6:30am-S:OOpm, Monday-Friday 8:OOam-4:OOpm, Saturday drop-o6, fee for service Browning Ferris Industries (BFI) ................(408) 262-1401 1601 Dixon Landing Road • Milpitas • ~*~ • Butterick Enterprise/B & B Rolloff ............(408) 292-5687 505 Burke Street x/st: 10th Street & Senter Road 7:OOam-4:OOpm, Monday-Friday 8:OOam-2:OOpm, Saturday drop-off; fee for service Emerald Services Co ..................................(408) 980-8811 3525 Victor Street Fax (408) 980-8812 x/st: Aldo 8:OOam-S:OOpm, Monday-Friday pick-up available, fee for service Guadalupe Landfill .................... ................(408) 268-7451 15999 Guadalupe Mines Road 8:OOam-4:45pm, Monday-Sunday drop-o$ fee for service Hackett Enterprises .................... ................(408) 283-9000 1260 N. 13th Street x/st: Commercial 8:OOam-5:OOpm, Monday-Friday pick-up available In-House Commercial Recyclers ................(408) 292-4372 2494 Parquet Court Hours by arrangement pick-up available Larson Pallet Company ............. ................(408) 946-4971 1000 Yosemite Drive x/st: Milpitas Boulevard 7:OOam-3:45pm, Monday-Friday drop-off; fee for service Mission Trail Waste Systems ..... ................(408) 727-5365 1313 Memorex Drive x/st: Lafayette 7:30pm-4:OOpm drop-oB; fee for service Recycle Trucking ......................... ................(510) 792-9463 P.O. Box 308 Call and leave message pick-up available • Wood Pallets, continued Recycling Depot ..........................................(408) 980-1234 2375 De Ia Cruz x/st: Martin & Reed 7:OOam-6:OOpm Mon-Fri 7:OOam- 5:OOpm, Saturday 9:OOam-5:OOpm, Sunday drop~ff San Jose Recycling II ..................................(4.08) 937-0188 686 N. King _ - x/st: McKee 7:30am-4:30pm, Monday-Friday pick-up available, fee for service SMaRT Station ............................................(408) 752-8530 301 Carl Road x/st: Bon•egas 8:OOam-5:OOpm, Open 7 days (operated by USA Waste) drop-off, fee for service South Valley Disposal & Recycling..........(408) 842-3358 San Martin Transfer Station 14070 Ilagas Avenue x/st: San Marti: Ave 8:OOam-4:30pm, Open 7 days a week drop-oB; fee for service, accepts wooden crates; call Fast Tri-Pallet Service ..........................................(408) 779-5144 18145 Peet Road x/st: Cochrane 7:OOam-3:30pm, Monday-Friday Pick-up of 150 or more pallets Waste Management of Santa Clara County ...............................(408) 982-0100 715 Comstock Street x/st: Lafayette 8:OOam-5:OOpm, Monday-Friday pick-up available, fee for service , Waste Resource Technology ......................(415) 822-2175 895 Egbert Avenue • San Francisco pick-up available, fee for service • r] West Coast Pallet Co ..................................(510) 297-6958 43507 Osgood Road • Fremont x/st: Automall Parkway Open 24 hours pick-up available Zanker Resource Management ................(408) 263-2383: 705 Los Esteros Road - x/st: Zanker 6:OOam-5:45pm, Monday-Friday 8:OOam-3:45pm, Saturday-Sunday drop-off; fee for service Other Buyers of Pallets are listed in the Telephone Book Yellow Pages under Pallets. • • Yard Trimmings . Bio Fuel Systems, Inc .................................(408) 942-6908 1000 Ames Avenue, #D • Milpitas Fax: (408) 263-2400 x/st: Las Positas 7:OOam-5:30pm, Monday-Saturday drop-off, fee for service Bio Services Wood Recovery .....................(408) 998-4303 600 Mathew Street ~ _ x/st: Lafayette - 6:30am-5:OOpm, Monday-Friday 8:OOam-4:OOpm, Saturday drop-oB; fee for service Mission Trail Waste Systems .....................(408) 727-5365 1313 Memorex Drive x/st: Lafayette 7:30am-4:OOpm drop-o$ fee for service Waste Management ~ of Santa Clara County .................. x............(408) 982-0100 715 Comstock Street x/st: Lafayette 8:OOam-5:OOpm, Monday-Friday pick-up available, fee for service Zanker Resource Management ....'............(408) 263-2383 705 Los Esteros Road • San Jose x/st: Zanker 6:OOam-5:45pm, Monday-Friday 8:OOam-3:45pm, Saturday-Sunday drop-off,• fee for service _y ,~(~ + ,- `~ ~~~~ -- The Following Phone Directory Categories May be Useful Please consult your local phone directory for additional listings of service providers. • Appliances • Building Materials -Architectural, Antique & Used • Demolition Contractors ~- •Hauling • Lumber -used • Plumbing Fixtures, Parts & Supplies -used • Recycling Centers • Rubbish Containers & Hauling • Salvage Merchandise • Scrap Metals • Steel -used • Waste Reduction Disposal & Recycling Service -Industrial • • Recycling Crty Links Campbell ..............................:.......(408) 866-2150 http: //www.greenvalley. com/recycle/curbside.html Cupertino ..............................:.......(408) 777-3241 http: //www. cupertino.org/update/envrion/environ.html Gilroy ...........................:.........x...,...(408) 846-0460 Los Altos ................................'.......(650) 948-1491 http: //wwvv.ci.los-altos.ca.us/pubwork/recycle.html Los Altos bills ...............................(650) 941-7222 Los Gatos .....................................(408) 354-6876 http: //www.greenvalley: com/recycle/curbside.html Milpitas ................................. I .....(408) 942-2301 cmaxwell@ci.milpitas.ca.gov Monte Sereno ' .......................:.............................. http: //www.greenvalley. com/recycle/curbside.html Morgan Hill ...........................!.......(408) 779-7248 Mountain View ..................... ~....... (650) 903-6230 andrea.hansen@ci.mtnview.ca.us Palo Alto ...............................:......(650) 496-5910 recycling@city.palo-alto.ca.us • • Santa Clara ..................................(408) 615-2051 www. alphais. com/santa_claza/ 211. html San Jose .......................................(408) 277-5533 http: //www.sjrecycles.org Saratoga ......................................(408) 868-1200 http: //www. greenvalley. com/recycle/curbside. html Sunnyvale ....................................(408) 730-7484 www. ci.sunnyWale. ca.us/public-works/recycle/index.htm recycling@ci.sunnyvale. ca.us i i - - Recycling Firms ; ~. a., ~ b o. cs d! ~ ~ u ~ ~~' 'S _~ ~6 d v ~ ~ ~ ~ ~ ~ .9 ~ - A-1 Rerydmg Cu~ws o . (408) 842-0288 ABC Recycling Industries '• • (408) 727-9736 All Points Roll Otl' • (408) 238-4187 All Rerycling Inc. . (408) 629-4061 All Waste Rerycling •, • (510) 791-6980 ' American Rock and Asphalt (510) 459-7740 Amigo Bag and Lining • (800) 995-7714 ~ Bay Area Reryding Ccnter (408) 371-5834 Best Metals Process (408) 279-3906 Bio Fuel Systems, Inc. (408) 942-6908 Bio Service Wood Recovery ' (408) 988-4303 Browning Ferris Industries (BFI) • (408) 262-1401 Butierick Enterpise/B&B Rolloff j • (408)292-5687 C and H Electronic Recovery ~ ~ • (408) 937-0494 ~~ ~i _, ~. _. ~..~ . ~.._ u ...~ .. __r ~~ ~y w ~~ b = _ g* ~ ;~ ~ ~` '~ ,~ g 3 g+ -. °b: ~ . a v ° ~ ~ ~+ .t i $ Capital Rerycling Center • (408) 275-8885 City Metals and Salvage • (408) 452-0777 Danny's Foam Rerycling (408) 4929033 Dupont Carpet Reclamation/Rerycle Center • (408) 271-1106 ECS Refining (408) 988-4386 Emerald Services Co. • (408) 980-8811 Granite ConsUuction Company • (408) 224-4124 Granite Rock Co. • (408) 281-9665 Guadalupe Landfdl • (408) 268-7451 Hackett Enterprises • (408) 283-9000 Heckman Metals Company (650) 324-9666 In-House Commerdal Reryclers • (408) 292-4372 Jatsco & Diamond Metals • (408) 935-9393 [7 i Recycling Firms . _ -,: ~m _ . ~ v~..~_ .~ ._~ ~ -~~~_ ~ B ~-~~ ' ~_ ,, ~, ~ 07! ~ .e ~ ~3 m ~ • c3 ~ m 9 ~ .9 d _~ ~ ~ 6 ~ ~ ~ _P~ aF S ~o q.. ~ ~o = .o v JDM Packaging (Campbell) • . (408) 559-6201 JDM Packaging (San Jose) (408) 287-2005 JDM Packaging (Sunnyvale) 408 739-2500 I,a Vista Corning • (510) 538-5085 Larson Pallet Company • (408) 946-4971 Markovits & Fox ~ • (408) 453 7888 Martin Rerycling I • (408) 842-2565 ( Metal Brokers Inc. I i (408) 254-9195 Metals Redamadon Service (408) 723-8528 Metals West (408) 946-2315 Metec6 International • (408) 848-3050 M1Q'0 Metallics Corp ; • (408) 998-4930 Mission Trail Waste Systems ~ • (408) 727-5365 National Pak Rat, Inc. (408) 842-1346 ~ ~~r • • ~~ ~J - ~ .~ '' ~,.. _ _ -~...,- ~......._ •. ~ z~ ~~ t/'l ~ d ~ ryery O ti ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ ~ U y~ Op 3 ~ fi d ~ ~ ~~ ~rff t. 6 iG M D +T+ 4 off.. ~qp V a P4 Vl -;i T Pacific Coast Recycling • (408) 298-9065 Polymer Recovery Services (408) 748-9715 Premier Recycling & Disposal • (408) 297-7910 Quick Recycling Center • (408) 294-6987 RA Enterprises • (408) 986-8286 Raisch Products #3 • (408) 934-1847 Raisch Products (San Jose) • (408) 227-9222 Raisch Products (Sunnyvale) • (408) 734-4245 Ranch Town • (408) 292-3333 Rerycle Tnuking • (510) 792-9463 Reryded Fibers. of CA • (408) 297-1022 ` Rerycling Depot (408) 980-1234 Rerycling Spedalist (408) 437-7553 Reed & Graham • (408) 734-4245 ~~ Recycling Firms ,~ ~ ~ ~ ~ ... -~ m ~ ry~ry ~ io g d B c5 ,yi.: ~ 1 ,~:~.. ~ eTF 5~ y ~. .~. A .ita9tc~ c.~ X~~ a`S i . . .. ~ RJR Rerycling • (408) 636-7756 San Jose Metals • (408) 293-4032 San Jose Recycling II • ' • (408) 937-0188 San Martin Transfer Station • (408) 842-3358 Security Shredding Co., Inc. (408) 452-5996 S[HS America (408) 494-4200 SMaRT Station • (408) 752-8530 Smurfit Reryrling • (408) 975-1300 South Bay Metal Inc. (408) 848-2705 South Valley Disposal & Rerycling • (408) 842-3358 Li-City Economic Development • (510)-471-3850 Tri-Pallet Service • (408) 779-5144 , Tomra Padfic Inc. (408) 293-0760 United Datatec6 • (408) 327-0900 i ~~r - ~~..-+ _ ti -m y eD ~ - ~ $ ~ eo ~8~~ ~ y .9 ._ ~~ e ~ ~ q ~-~~~ d ~ a~ g .~ ~~mm~ ~'~~a~a~.~~: ... Valley Recycling • (408) 297-5352 VP Electronics • (408) 435-8400. Waste Mngt. of Santa Clara Ca • (408) 982-0100 Waste Resource Technology • (415) 822-2175 - West Coast Pallet Co. • (510) 297-6958 Western Recycling • (408) 779-1781 Western Recovery • (510) 668-1160 Weyerhaeuser Paper Company (408) 287-5477 Whole House Building Supply (650) 856-0634 Zanker Resource Management (408) 263-2383 Zemaitis Inc. (408) 986-0772 ~~ Notes ~~ '~ To add reuse or recycling businesses in future editions of this guide, call: Santa Clara County Recycling Hotline (800) 533-8414 Thanks for the information m the development of this guide goes to: The Center for Development of Recycling (CDR) CDR is Santa Clara County s recycling mfornadon clearinghouse. located at San Jose State University, CDR assists the public, businesses and local governments with reuse and recycling questions. 800-533-8414 Alameda County Waste Management Authority & Source Reduction and Recycling Board • Business listings in this directory should not be construed as a recommendavon or endorsement by the City of San Jose's Environmental Services Dept., the Solid Waste Commission of Santa Clara County, or The Cen[er For the Development of Recycling. • • • SARATOGA CITY COUNCIL • MEETING DATE: July 18, 2001 ORIGINATING D PT: Manager PREPARED BY: AGENDA ITEM: CITY MANAGER: ~"~ DEPT HEAD: SUBJECT: Designation Of Voting Delegate For League Of California Cities Annual Conference - - - RECOMMENDED ACTION: That Council selects a member of the City of Saratoga's City Council to be the voting delegate. REPORT SUMMARY: On September 12, 2001 through September 15, 2001 the League of California Cities will hold their annual conference. One very important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. To expedite the conduct of business at this policy-making meeting each city council should designate a voting representative and an alternate who will be present at the annual business meeting. The League bylaws provide that each city is entitled to one vote in matters effecting municipal or League policy. The deadline to return the "Voting Delegate Form" to the League of California Cities is August 17, 2001. FISCAL IMPACTS: N.%A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not have a voting delegate at the League's business meeting. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Mail "Voting Delegate Form" to the League of California Cities. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACIHMENTS: Attachment A -Letter from League of California Cities Attachment B -Voting Delegate Form e~ ~' .: .~ i F Bctter Cities-A Better Life June 2001 To: From: Re: Leaque of California Cities 1400 h ~trcct Sacrament~~, C.-~ 916.6~E.8200 F.~\ 91fi.65~.E240 ~+-«~t-. cacitics. i~r The Honorable Mayor and City. Council David Fleming, League President, Mayor, Vacaville Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Wednesday, September 12 through Saturday, September 15, 2001 in Sacramento, CA. One very important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the annual business meeting on Saturday, September 15, 2001, at 9:15 a.m. at the Sacramento Convention Center. League bylaws state that "Any official of a Member City may, with the approval of the city council, be designated the city's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (or their alternates) registered to attend the Annual Conference constitute the League's General Assembly." To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the annual business meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, August 17, 2001), so that proper records may be established for the conference. The voting delegate may pick up the city's voting card at the designated Voting Card desk located in the League registration area. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. • • League of California Cities Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the annual conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. 4. The voting delegate or alternate may pick up the city's voting card at the annual conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the annual business meeting, ±he voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the annual business meeting, exchanges may be made at the annual conference registration area. At the annual business meeting. exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the annual business meeting. :\ fi \ r \vote rox.doc G po cy ac es p Please complete and return to: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 Fax: (916) 658-8240 Deadline: Fridav. AuQUSt 17. 2001 LO Pol icy\acres\votedel.ltr • r~ f~ \ ~ ~ "~ • SARATOGA CITY COUNCIL MEETING DATE: July 18, 2001 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM: CITY MANAGER: _~/~~l DEPT HEAD: s SUBJECT: Planning Commission Actions, July 11, 2001 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of July 11, 2001. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission • ~. CITY OF SARATOGA PLANNING COMrrIISSION ACTION .MINUTES DATE: Wednesday, July 11, 2001 - 7:00 p.m. PLACE: Council Chambers/Civic Theater,13777 Fruitvale Avenue, .Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Garakani, Hunter, Jackman, Kurasch, Roupe, Zutshi, and Chair Barry ABSENT: None STAFF: Director Sullivan, Planner Livingstone, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES -Draft Minutes from Regular Planning Commission Meeting of June 27, 2001 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 lawgenerallyprohibits the Planning Commission f rom discussing or taking action on such items. However, the Planning Commission may irutruct staf f accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 5, 2001. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR 1. DR-98-046.1 (386-53-001) - AZULE CROSSING, 12378 ~~aratoga-Sunnyvale Road; - Request to change the approved siding material for the corr~rnercial portion of the Azule Crossing project. The applicant requests that the siding material be changed to match the existing siding material at the shopping center (i.e., textured rough finished plywood with two by three inch bats.) The property is in a CN (Commercial Neighborhood) zoning district. (SULLIVAN) (APPROVED 7-0) PUBLIC HEARINGS All interested persons may appear and be: heard a.t the above time quid place. If you challenge a decision of the Planning Commission pursuant to ;~ public hearing in court, you may be limited to raising only those issues you or someone' else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in t:he Planning Comnussion's information packets, written communication should be filed on or before the Tuesday, a week before the meeting. 'T~ ..b~ PLANNING COMMISSION AGENDA PAGE 2 JULY 11, 2001 2. DR-O1-007 (397-17-034) - CHEN,17752 Versailles Way; -Request for Design Review approval to construct a new single-story 5,917 square foot home and demolish an existing 3,822 square foot home. The proposed height is 26 feet. The lot is 40,000 square feet in area and is located within the R-1-40,000 zoning district. (KNAPP) (CONTINUED TO 8/8/01) 3. DR-98-052.1(397-13-057) - NAGPAL,19101 Via Tesoro Court -Request for athree-year extension for an approved Design Review application (DR-98-052). .The previously approved application was for the construction of a new 5,301 square foot two-story residence on a vacant parcel (Lot 2). The project is located on a 2.46-acre parcel within the R-1-40,000 zoning district. (SULLIVAN) (APPROVED 7-0) 4. DR-00-011, SD-00-001, V-00-018 and V-O1-004 (517-08-008 ~ 016) -TRAFALGAR INC., 14612 Big Basin Way &r 20717 St. Charles Street; -Reconsideration of request for Design Review, Vesting Tentative Subdivision Map and Variance approval to allow the subdivision of a 22,582 net square foot site to allow two new two-story detached condominiums, two new two-story townhouses and a retail commercial space with a second floor commercial office. The maximum building height is 26 feet. Basements are proposed for the residential units. A 32.5 foot rear yard setback Variance has been requested for a townhouse on the CH-2 portion of the site. An eight space parking Variance has previously been approved. The Big Basin Way portion of the site is zoned CH-2 and the St. Charles Street portion is zoned R-M-3000. The existing residences with garages totaling 4,595 square feet and 1,000 square feet of retail space would be demolished. (LIVINGSTONE) (APPROVED 7-0) DIRECTOR ITEMS Story pole and neighborhood meeting policy memo COMMISSION ITEMS Committee appointment for Planning issues COMMUNICATIONS ADJOURNMENT AT 10:10 P.M. TO NEXT MEETING - .Wednesday, July 25, 2001 Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA _~ • •