HomeMy WebLinkAbout05-05-1999 Staff Reports SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3 3 s AGENDA ITEM 3c r
MEETING DATE May 5,1999 CITY MANAGER:
Y C
ORIGINATING DEPT. City Manager PREPARED BY: City Clerk
SUBJECT: Written Communications
RECOMMENDED MOTION(S): None
REPORT SUMMARY:
Attached is a letter from Cindy Ruby of the Saratoga Union School District regarding the
Saratoga Elementary School and Redwood Middle School renovation projects.
FISCAL IMPACTS: N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A
FOLLOW UP ACTIONS: N/A
ATTACHMENTS: Letter dated April 26, 1999
C G.'
SRRRTOGO UDIOD SCHOOL DISTRICT
20460 FORREST HILLS DRIVE gal4j1j)
SARATOGA, CALIFORNIA 95070
(408) 867 -3424
April 26, 1999
Honorable Mayor and City Councilmembers
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: Project Additions- Saratoga Elementary School and
Redwood Middle School Renovation Projects
Dear Honorable Mayor and Councilmembers:
After various communications from concerned citizen groups and
the City of Saratoga "City the Saratoga Union School District
"District has determined to make the following additions to the
Saratoga Elementary School and Redwood Middle School Renovation
Projects.
REDWOOD MIDDLE SCHOOL RENOVATION PROJECT
The District will implement the circulation plan recommended by the
April 21, 1999, Redwood Middle School Transportation Study prepared by
Wilbur Smith Associates. (A copy of the proposed circulation plan is
attached hereto.) In addition, the District has determined it would be in
the best interest of the students at Redwood Middle School to close
the driveway onto Allendale Avenue. This will alleviate the concerns
addressed by the City Council at the April 21, 1999, City Council
meeting.
The District will also carefully consider each of the strategies and
actions suggested by Wilbur Smith Associates to further improve traffic
circulation and congestion at Redwood Middle School. Those strategies
and actions include consideration of the feasibility of staggered arrival
and dismissal times for students, bus service to and from the school,
encouragement of carpools, and implementation of a suggested route to
school plan which would encourage students to bike and walk to school.
If any of these strategies are determined to be effective and feasible,
the District will implement the strategies accordingly.
SARATOGA ELEMENTARY SCHOOL RENOVATION PROJECT
There are two issues which have elicited concern from the
community and the City. Those issues are traffic and the removal of
eucalyptus trees on the school property.
Traffic
The District, in reliance on the April 21, 1999, Saratoga Elementary
School Transportation Study prepared by Wilbur Smith Associates, has
determined that the following project additions will improve the traffic
and safety at Saratoga Elementary School. Some of these additions will
require the consent and cooperation of the City.
In response to concerns addressed by local residents, the District
has agreed to eliminate student drop -off and pick -up on Komina Avenue.
The District will widen Oak Street by two and one -half feet (2.5')
on the east side adjacent to the school between Komina Avenue and the
school driveway. This will provide a standard sized eight -foot (8')
curbside passenger loading zone and an eleven -foot (11') travel lane
which will enable cars to pass loading vehicles without crossing the
centerline of Oak Street. In order to implement this addition, the
District will need the consent and cooperation of the City to restripe
Oak Street between Komina Avenue and the school driveway as a
double yellow line such that there is eighteen feet (18') on the
southbound direction of Oak Street and nineteen feet (19') on the
northbound direction of Oak Street. The District would also like the
City's consent and cooperation to paint the curb between the end of the
Oak Street passenger loading zone and the entrance of the on -site
parking lot red and post "No Stopping" signs to minimize conflicts
between vehicles entering and exiting the Oak Street passenger loading
zone.
Additional improvements suggested by Wilbur Smith Associates
include the restriction of parking on the west side of Oak Street between
8 a.m. and 4 p.m. for the approximately one hundred fifty feet (150')
where the southbound lane is narrow and immediately across from the
entrance to the on -site parking lot, the posting of signs on Komina
Avenue prohibiting passenger loading and unloading and restriction on
parking on Oak Street opposite the school to two hours between 8 a.m.
and 3p.m. The District is agreeable to these suggestions; however, they
cannot be implemented without the approval and cooperation of the City.
The District will work with the City to implement these suggestions.
Finally, the District will also pursue the possibility of adopting and
implementing the strategies suggested by Wilbur Smith Associates to
further improve traffic circulation and congestion. Those strategies
include the implementation of bus services to and from the school,
encouragement of parents to voluntarily arrive earlier than the school
start time and later than the school dismissal time and the promotion of
carpooling for students and teachers. If any of these strategies are
determined to be reasonable and economically feasible, the District will
implement the strategies accordingly.
Trees
Based on concerns raised by the community and the City, the
District has decided to modify the modernization project to keep some of
the eucalyptus trees, even though the retention of the trees may unduly
restrict the needed space for buildings and play areas. Originally the
eight smaller trees located next to some of the classrooms were all
going to be removed. The District has now decided to retain the four
trees located closest to the Saratoga Tennis Club. In addition, the
District has agreed to temporarily keep the two larger eucalyptus trees
located on the playground. In May 2000, the District will hire an
arborist to study the effects the modernization project had on the
trees. At that point, the arborist will recommend the removal of one of
the two trees, with a preference for keeping the larger of the two. The
arborist will also assess the impacts of the construction on the
remaining four smaller trees. If the arborist determines that any of
the smaller trees are unhealthy and beyond revival, those trees shall
also be removed.
During the renovation of the school, all contractors involved with
the construction of the exterior and the foundation of the school shall
exercise special care to protect the root system of the larger
eucalyptus trees based on the recommendations of the District's
arborist. If any contractor negligently causes destruction of either
tree, the contract with that contractor shall require the payment of
fifteen thousand dollars $15,000.00) per tree. The project
specifications sent out to all contractors shall detail the tree
protection measures as established by the District's arborist. All
contractors, subcontractors and persons or entities coming onto the site
during construction will be required to strictly adhere to the tree
protection measures. Each contractor will be required to obtain a
performance bond which will assure that the contractor will
satisfactorily complete all of the terms and conditions of the contract
including the tree protection measures.
In order to address any concerns in the future, we believe it would
be beneficial to the District, the City and the residents to form
committees which will meet periodically to discuss concerns and issues
relating to each school. The purpose of these committees will be to
facilitate open communication and cooperation between the District and
the City Both entities can strive cooperatively for schools which
foster safety and academic excellence.
Very truly yours,
Cindy Ruby
President, Board of Trustees
Saratoga Union School District
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY
1 443
NO. 3 1 J 7 AGENDA ITE
MEETING DATE: MAY 5, 1999 CITY MGR: diM
ORIGINATING DEPT.: PUBLIC WORKS DEPT. READ: 0 yL
SUBJECT: Final Map Approval for five lots located at 14000 Alta Vista Avenue,
Owner: Blackwell Properties.
Recommended Motion(s):
1. Move to adopt Resolution No. SD 97 -002 granting final map approval of Tentative Map
Application No. SD 97 -002 for five lots located at 14000 Alta Vista Avenue.
2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement.
Report Summary:
Attached is Resolution No. SD 97 -002 which, if adopted, will grant final map approval for five
lots located at 14000 Alta Vista Avenue. I have examined the final map and related documents
submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code
and have determined that:
1. The final map substantially complies with the approved tentative map.
2. All conditions of the approved tentative map, as contained in Planning Commission
Resolution No. SD 97 -002, have been completed or will be completed concurrent with
development of the five lots.
3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
4. The final map is technically correct.
Consequently, I have executed the City Engineer's certificate on the final map and have filed the
final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by
the City Council.
Fiscal Impacts:
The subdivider has paid $13,653.13 in Engineering Fees, $18,630 in Park Development Fees
required for this subdivision.
Follow Up Actions:
The signed map will be released to the subdivider's Title Company for recordation along with
recording instructions.
Consequences of Not Acting on the Recommended Motions:
The final map must either be approved or rejected by the City Council. If the map is rejected, it
would be returned to the subdivider with findings as to why the map was rejected.
Attachments:
1. Site Map.
2. Tract Map.
3. Resolution No. SD 97 -002 granting final map approval.
4. Subdivision Improvement Agreement.
5. Planning Commission Resolution No. SD 97 -002 approving the tentative map with conditions.
ITEM 2
REPORT TO THE PLANNING COMMISSION
Applicant No./Location: SD-97-002, 14000 Alta Vista Avenue
Applicant/Owner: BLACKWELL/HAS LER
Staff Planner: James Walgr 41lomniunity Development Director
Date: June 24, 1998
APN: 397 -28 -047, 048 397 -29 -004 Department Head:
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TR.3066
SCALE: I" 40' DATE: OCTOBER 1999 SHEET 2 OF 2 SHEETS J.M.H.W. 3438
RESOLUTION NO. SD 97 -002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD 97 -002
14000 ALTA VISTA AVENUE (BLACKWELL)
The City Council of the City of Saratoga hereby resolves as
follows:
SECTION 1: Five parcels as shown on that certain Tract Map
prepared by JMH Weiss, Inc. dated October, 1998,
and filed with the City Clerk of the City of Saratoga
on May 5, 1998, are approved as FIVE (5) individual
parcels.
SECTION 2: All streets and easements shown on said map and
offered for dedication to public use are hereby
rejected on behalf of the public, save and except
for public service easements; and to the limited
extent that any offers for public street purposes
either expressly or implicitly include offers for
easements for utility purposes along or beneath said
street rights of way, then as to such express or
implied offers of easements for public utility
purposes, the same are hereby accepted on behalf of
the public.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the day of
19 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
Deputy City Clerk
1
CONTRACT FOR THE IMPROVEMENT OF SD 97 -002
AGREEMENT, made and entered into this day of
1999, by and between the CITY OF SARATOGA, a Municipal
corporation of the State of California, hereinafter called
"City and Blackwell Properties subdivider and Owner,
hereinafter collectively called Subdivider:
W I T N E S E T H:
WHEREAS, Subdivider is engaged in subdividing that certain
tract of land known and designated as 14000 Alta Vista Avenue
situated in the City of Saratoga, County of Santa Clara, State of
California; and
WHEREAS, a final map of SD 97 -002 has been filed with the
City Clerk of the City of Saratoga for presentation to the Council
for its approval, which map is hereby referred to and by said
reference incorporated herein; and
WHEREAS, Owner and Subdivider has requested approval of said
final map prior to the completion of improvements of all streets,
highways or public ways and sewer facilities which are a part of or
appurtenant to the abovementioned subdivision, including, but
without limiting the foregoing, the necessary paving, catch basins,
pipes, culverts, storm drains, sanitary sewers where required,
street trees and street signs where required, and including a water
system and fire hydrants acceptable to the San Jose Water Works and
the City of Saratoga, all in accordance with and as required by the
plans and specifications for all of said improvements in or
appurtenant to said subdivision, which plans and specifications
were prepared by JMH Weiss, Inc. Civil Engineer, approved by the
City Engineer and now on file in the offices of the Clerk of said
City and /or the City Engineer's Office of said City, and
2
WHEREAS, the City Council of said City did on the
day of 199 adopt a Resolution approving
said Final Map, rejecting certain dedications therein offered which
rejection did not and does not, however, revoke the offers of
dedication therein contained and requiring as a condition precedent
to the future acceptance of said offers of dedication that the
Subdivider improve the streets and easements thereon shown in
accord with the standards of the City's Subdivision Ordinance, as
amended, of the City of Saratoga and in accord with the improvement
plans and specifications on file as hereinabove referred to, and
requiring as a condition precedent to the release of said final map
for recordation that the Subdivider agree in writing to so improve
said streets and easements in accord with this agreement,
NOW, THEREFORE, in consideration of the above and in
consideration of the City accepting all of said dedications after
the hereinafter agreed to covenants on the part of the Owner and
Subdivider have been complied with and in accord with Government
Code Section 66462(a) of the State of California, it is hereby
agreed as follows:
1. Subdivider at this cost and expense shall construct all of
the improvements and do all of the work hereinafter mentioned, all
in accordance with and to the extent and as provided in the above
mentioned plans and specifications on file in the office of said
City, for the construction of said improvements, in, for, or
appurtenant to said subdivision, and all in compliance with the
City's Subdivision Ordinance as amended and the laws of the State
of California, and shall complete the same within one year from
date hereof and shall maintain the same for a period of at least
one year after the satisfactory completion of the same.
2. Subdivider shall, before the release of said final map by
City and as condition precedent to recordation thereof, furnish to
the City and file with the City Clerk a good and sufficient surety
bond or bonds, money or negotiable bonds, in form to be approved by
3
the City Attorney, securing the faithful performance by Subdivider
of all work and the construction of all improvements herein in this
Agreement mentioned within time specified, and securing the
faithful performance by Subdivider of the maintenance of said
improvements for a period of at least one year after completion of
the same, and for such additional period of time as may be
necessary in order that Subdivider may cure and correct all
deficiencies of construction to the satisfaction of the City
Engineer of the City of Saratoga (in all events at least 7,000.00
of said bond to be in cash, with the right of City to use the same
in its discretion for emergency maintenance and repairs in addition
to any other rights of use) the total amount of said bond to be in
the sum of 77,000.00 and also a good and sufficient surety bond
in form to be approved by the City Attorney securing the payment by
Subdivider of all bills for labor and materials incurred in the
construction of any and all of said improvements, and the doing of
all other work herein agreed to be done by the said Subdivider, the
amount of said bond to be Seventy Seven Thousand Dollars($
77,000.00
3. Subdivider does hereby expressly agree to indemnify and
hold harmless the City and in their capacity as such, its
councilmen, officers, boards, commissions and its employees, from
any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions,
damages, or claims filed or brought by any and all person or
persons because of or resulting from the doing by Subdivider or any
and all things required of Subdivider by this contract, or because
of or arising or resulting from the failure or omission by
Subdivider to do any and all things necessary to and required by
this contract or by law, or arising or resulting from the negligent
doing by Subdivider, his agents, employees or subcontractors of any
and all things required to be done by this contract, or arising or
resulting from any dangerous or defective condition arising or
resulting from any of the above said acts or omissions of
4
Subdivider, his agents, subcontractors, or employees. Subdivider
having heretofore certified, by the certificate upon the
abovementioned subdivision map, that he can convey clear title to
the land within said subdivision, and City having relied upon said
certificate and the representation contained therein, the foregoing
provisions of this paragraph are specifically made to apply to any
destruction or damage to or removal of utilities, water lines or
pipe lines of any kinds, and any other improvement, whether said
destruction, damage or removal is required or caused by the plans
or specifications or by direction of an officer, agent or employee
of the City.
4. Subdivider shall, before the release of said final map by
the City, and as a condition precedent to the recordation thereof,
furnish to the City and file with the City Clerk certificates or
policies of public liability and property damage insurance in form
satisfactory to the City Attorney, and Subdivider shall at all
times during the entire term of this agreement maintain the same in
full force and effect, which policies shall insure the City of
Saratoga, its Councilmen, officers, boards, commissions and
employees against loss or liability for bodily injury and property
damages arising or resulting from Subdivider's operations and
activities in the construction of any and all improvements
mentioned in this agreement and the doing of any and all work
mentioned in this agreement, within or outside the abovementioned
subdivision, and /or arising or resulting from the doing or failure
of Subdivider to do all things required to be done pursuant to this
agreement. Said policies of insurance shall cover bodily injury
and property damage on both an accident and occurrence basis, with
completed operations coverage for one (1) year after completion and
acceptance of improvements, and shall be in amounts of not less
than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE
MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and
property damage coverage of ONE- HUNDRED THOUSAND DOLLARS
($100,000.00) for each accident or occurrence and property damage
5
coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each
accident or occurrence. Said policies of insurance shall in
addition contain the following endorsement: "Other insurance the
coverage afforded by this insurance shall be primary coverage to
the full limits of liability stated in the declarations. If the
assured has other insurance against the loss covered by this
policy, that other insurance shall be excess insurance only, after
the entire face value of this policy shall have been exhausted by
payment."
5. In consideration of City allowing Subdivider to connect
said subdivision to certain existing or proposed out -of -tract storm
sewer lines, and in consideration of City relieving Subdivider of
any obligation which City might legally impose on Subdivider to
acquire any right -of -way for, and /or to construct, any out -of -tract
storm sewer drainage pipe lines and appurtenances which might
reasonably be necessary to drain said subdivision and carry storm
waters from said subdivision to natural drains, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero dollars 0
6. In consideration of City agreeing to accept, in accord
with this agreement, the in -tract storm drain lines and facilities
constructed or to be constructed by Subdivider within or outside of
said subdivision in accord with the plans and specifications now on
file with the City offices, including the streets and other
easements in or beneath which said facilities lie, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero Dollars 0
7. Subdivider shall, before the release of said final map by
the City and as a condition precedent to the recordation thereof,
pay to the City the sum of Six Thousand Six Hundred Dollars
6,600.00) to be applied by City to the payment of expenses to be
incurred by City for engineering inspection services to be
6
performed by the City in connection with said subdivision.
8. Upon Subdivider completing in accord with this agreement
all of the improvements to be made and done by said Subdivider as
hereinabove set forth and as shown on the plans and specifications
on file as hereinabove referred to, and upon Subdivider having
properly maintained the same for a period of at least one year
after the completion of said improvements as hereinabove specified,
and upon the Subdivider complying with all covenants and conditions
on his or its part to be done and performed in accord with the
within agreement, then and in that event, City agrees to rescind
its rejection of the offers of dedication of streets and storm
drain easements contained on the aforesaid final map, and at that
time accept said offers of dedication.
9. Should the Subdivider and Owner hereinabove referred to
not be the same person, firm or corporation, then this agreement
shall only be effective upon both the Subdivider and the Owner
separately executing the same, and wherever the term Subdivider is
used, the same shall include Owner and wherever the term Owner is
used, the same shall include Subdivider.
10. This agreement shall be binding upon the heirs, personal
representatives and assigns of Subdivider and Owner, and time is of
the essence hereof, save and except that the City Council of the
City of Saratoga may, but need not, extend any time or times for
the doing or performing of any acts as required under the terms of
this agreement by resolution, if in the opinion of the City Council
any such delay is without fault on the part of the Subdivider and
Owner.
Execution of the within agreement by the Owner or Subdivider
shall constitute an irrevocable authorization to City to insert the
date of passage of the Council resolution approving the final map,
and to insert the date of this agreement as of the date of such
resolution.
7
IN WITNESS WHEREOF, the parties hereto have set their hand the
day and year first above written.
CITY OF SARATOGA, a Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By: ir
Subdivider
By:
(Owner, if different from
Subdivider)
RESOLUTION NO. SD -97 -002
RESOLUTION APPROVING 5 -LOT TENTATIVE MAP OF
BLACKWELL PROPERTIES
14000 ALTA VISTA AVENUE
WHEREAS, 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 City of Saratoga, for
Vesting Tentative Map approval of 5 lots, all as more particularly set forth in File No. SD -97 -002
this City; and
WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together
with the provisions for its design and improvement, is consistent with the Saratoga General Plan
and with all specific plans relating thereto, and the proposed subdivision and land use is compatible
with the objectives, policies and general land use and programs specified in such General Plan,
reference to the Staff Report dated June 24, 1998 being hereby made for further particulars; and
WHEREAS, this body has heretofore received and considered the Negative Declaration
prepared for this project in accord with the currently applicable provisions of the California
Environmental Quality Act; and
WHEREAS, in the independent judgment of the Planning Commission, all
potentially significant impacts have been mitigated to a less than significant level with mitigation
monitoring provided by the conditions of approval set forth herein, and a Negative Declaration is
hereby approved as final and complete in accordance with the California Environmental Quality
Act; and
WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government
Code Section 66474 exist with respect to said subdivision, and vesting tentative approval should be
granted in accord with conditions as hereinafter set forth.
WHEREAS, the Planning Commission has conducted a duly noticed public hearing on
June 24 and July 8, 1998 at which time all interested parties were given a full opportunity to be
heard and to present evidence;
NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter
described subdivision, which map is dated the 14th day of October, 1997 and is marked Exhibit
"A" in the herein above referred file, be and the same is hereby conditionally approved. The
conditions of said approval are as follows:
Community Development
Acknowledged. 1. Future development on Lots 1 through 5 shall be as depicted on Exhibit "A Design Review
approval shall be required for each structure. Any deviation from the approved site
development plan shall be subject to Planning Commission approval and to then current Zoning
Ordinance requirements.
Acknowledged. 2. Prior to the issuance of any Building or Grading permits, the applicant shall demonstrate
compliance with all requirements of the Santa Clara Valley Water District, as outlined in their
letter dated October 7, 1997, including easement requests along the Saratoga Creek.
Acknowledged. 3. All lots shall have one access only, off the cul -de -sac at the end of Alta Vista Avenue created
by this subdivision.
File No. SD-97 -002; 14000 Alta Vista Avenue
Requirements met. 4 The applicant shall install an energy dissipater at the proposed storm drain outfall location in
accordance with Santa Clara Valley Water District standards. The applicant shall also provide
written confirmation to the Community Development Division that all requirements of the State
Department of Fish and Game and the Santa Clara Valley Water District have been complied
with for installation of the outfall.
Permits obtained. 5. The applicant shall comply with all necessary permit requirements from the U.S. Army Corps
of Engineers, the Regional Water Quality Control board, the Santa Clara Valley Water District,
and the State Department of Fish and Game (a Streambed Alteration Agreement.)
Acknowledged. 6. Prior to issuance of any Grading or Building Permits for new homes in the subdivision, the
applicant shall have a preconstruction survey conducted by a qualified biologist to determine
the presence of the Red Legged Frog and the Western Pond Turtle in Saratoga Creek. All
recommendations of the biologist shall be adhered to, in coordination with the U.S. Fish and
Wildlife Service and State Fish and Game Department, including whether monitoring will be
required to protect either species during construction of the storm drain outfall. This shall also
include a Streambed Alteration Permit from Fish and Game. All other recommendations set
forth in the H.T. Harvey Biotic Assessment, dated October 8, 1997, shall also be adhered to.
Acknowledged. 7. Prior to issuance of any Grading or Building Permits for new homes in the subdivision, the
applicant shall have a Biotic Assessment done in addition to the one done by H.T. Harvey,
dated October 8, 1997, to be done at the proper time of year when rare or endangered species
are both "evident" and identifiable, in accordance with State Department of Fish and Game
Guidelines for Assessing Effects of Proposed Developments on Rare and Endangered Plants
and Plant Communities.
Acknowledged. 8. Prior to issuance of any Grading or Building Permits for new homes in the subdivision, the
applicant shall have a predemolition survey for bat roosts of pallid bats conducted by a qualified
bat biologist prior to removal of buildings or trees greater than 12 inches in diameter. If a
maternity roost is present, a qualified bat biologist shall determine the extent of mitigating
measures needed, such as avoidance until the roosting season is over (after July 1 and before
April 15,) and shall notify the State Department of Fish and Game. All other recommendations
set forth in the H.T. Harvey Biotic Assessment, dated October 8, 1997, shall also be adhered to.
Acknowledged. 9. Within 30 days from the start of construction, the applicant shall have a preconstruction survey
conducted by a qualified ornithologist for nesting raptors if construction activities occur during
the nesting season (February to August.) If a nesting raptor is present, the ornithologist shall
determine the extent of mitigating measures needed, such as avoidance until the nesting season
is over, and shall notify the U.S. Fish and Wildlife Service and State Department of Fish and
Game. Contacts are Mike Westfall [(916) 979 -2725] and Margaret Roper [(408) 842 -8917]
respectively.
Easement on Map. 10. The applicant shall maintain the identified riparian setback along Saratoga Creek per the
Vesting Tentative Map. This shall be in the form of a recorded riparian easement that is 60 feet
wide from the centerline of Saratoga Creek or 20 feet from the top of bank (whichever is
greater.) The purpose of this easement will be to limit land use activities in close proximity to
the creek to natural open space only; no urban improvements, such as formal landscaping,
swimming pools, fencing, tennis courts, turfed areas, or other such urban uses shall be allowed.
Acknowledged. 11. The applicants shall adhere to the submitted and approved habitat restoration plan. This plan
shall be for the area within the riparian easement along Saratoga Creek, and shall include
protective fencing during construction and grading activities for the easement area, the removal
of debris, and a bank replanting plan to ensure that the bank is stable and not susceptible to
I
File No. SD -97 -002; 14000 Alta Vista Avenue
erosion. The plan shall also ensure that appropriate vegetation will be planted as opposed to
individual homeowners revegetating with inappropriate non native plant species in the future.
Acknowledged. 12. Landscape plans shall be required for each new home application, and shall be sensitive to
efforts set forth in the required habitat restoration plan for Saratoga Creek (condition #10
above.) Landscape plans shall emphasize native, low maintenance plantings as much as
possible, minimizing the amount of pesticides needed.
Acknowledged. 13. No trees shall be removed without obtaining a tree removal permit with the exception of those
identified to be removed per Exhibit "A
Acknowledged. 14. The applicant shall submit a demolition plan to the City Arborist so that demolition period
fence locations can be plotted. This Plan shall include 5 -foot high chain link protective fencing
for trees adjacent to roadway construction, and impervious pavers within ten feet of Trees #164
and #165. Although the size and location of each proposed new home shall be determined by
the Vesting Tentative Map and proposed housing styles are being proffered for consideration,
Design Review approval by the Planning Commission shall be required for each of the five new
homes to be built on the property, with an Arborist Report required for each individual
application.
Acknowledged. 15. All demolition and grading activities shall be monitored on -site by a qualified professional
archaeologist. In the event that significant archaeological features (artifacts, human burials) are
found, construction/grading activities shall cease until the find an be evaluated by a qualified
professional archaeologist. If the find is determined to be significant, appropriate mitigation
measures shall be formulated and implemented.
Acknowledged. 16. Subdivision improvement construction hours shall be restricted between 7:30 a.m. and 6:00
p.m., Monday through Friday, except in the event of an emergency which imperils public
safety. The Community Development Director may grant an exemption upon his/her
determination of an emergency. No such construction work shall be permitted on legal
holidays.
Fees Paid. 17. Prior to Final Map the applicant shall pay a Park -In -Lieu as required pursuant to Saratoga's
Subdivision Ordinance.
Acknowledged. 18. All public and private improvements required for the project shall be completed and accepted
for construction by the Community Development Director, and/or the appropriate public
officials from other public agencies, including public and private utility providers, prior to Final
Inspection of any permitted homes on any of the lots.
Easement on Map. 19. Prior to Final Map approval, the access easement across Lot 2 for the benefit of Lot 1 shall be
shown to be recorded as short as possible into Lot 2 to prevent Lot from being considered a
corner parcel.
Fees Paid. 20. Prior to Final Map approval all outstanding City Aiborist fees shall be paid.
City Engineer
Completed by Surveyor. 21. Prior to Final Map approval, the applicant shall cause the property to be accurately surveyed
and shall cause monuments to be set at all exterior boundary corners.
Se curity _Posted 22. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or
some later date to be specified on the Final Map. If the applicant chooses to defer the setting of
File No. SD -97 -002; 14000 Alta Vista Avenue
interior monuments to a to a specified later date, then sufficient security as determined by the
City Engineer shall be furnished to the City Engineer prior to Final Map approval.
Fees Paid. 23. The applicant shall pay an Improvement Plan Checking fee, as determined by the City
Engineer, at the time Improvement Plans are submitted to the City Engineer for checking.
Fees Paid. 24. The applicant shall pay a Map Checking fee, as determined by the City Engineer, at the time the
Final Map is submitted to the City Engineer for checking.
Insurance Provided. 25. The applicant shall furnish a written indemnity agreement and proof of insurance coverage in
accordance with City standards prior to Final Map approval, in accordance with Section 14-
05.55 of the Municipal Code.
Plans submitted and 26. Engineered improvement plans, in accordance with the design and improvement requirements
approved. of Chapter 14 of the Municipal Code, shall be approved by the City Engineer and/or the
pp appropriate officials from other public agencies, including public and private utility providers,
prior to Final Map approval.
Acknowledged. 27. The applicant shall install the proposed cul -de -sac at the end of Alta Vista Avenue as shown on
Exhibit "A Tentative Map dated October 14, 1997, and in accordance with City Standards.
All easements offered 28. The applicant shall provide Irrevocable Offers of Dedication for all required easements and/or
on Final Map. rights of way either on the Final Map or via separate written instruments prior to Final Map
approval as determined by the City Engineer.
_Completed. 29. The applicant shall submit a Final Map in substantial compliance with the approved Tentative
Map, along with the additional documents required in Section 14- 40.020 of the Municipal
Code, to the City Engineer for his review and approval. The Final Map shall contain all of the
information required in Section 14-40 -030 of the Municipal Code and any additional
information that may be required by the City Engineer.
Agreement signed. 30. The applicant shall enter into an Improvement Agreement with the City in accordance with
Section 14- 60.010 of the Municipal Code prior to Final Map approval.
All securities provided. 31. The applicant shall furnish Improvement Securities in accordance with Section 14- 60.020 of the
Municipal Code in the manner and amounts determined by the City Engineer prior to Final
Map approval.
Completed. 32. The applicant shall file with the Santa Clara County Recorder the requisite statement indicating
that there are no liens against the subdivision or any part thereof for any unpaid taxes or special
assessments prior to Final Map approval.
All utility commitments 33. Prior to Final Map approval, the applicant shall furnish the City Engineer with satisfactory
provided. written commitments from all public and private utility providers serving the subdivision
guaranteeing the completion of all required utility improvements.
Fees Paid. 34. Prior to Final Map approval all outstanding City Arborist fees shall be paid.
Utility and Public Safety Providers
Acknowledged. 35. Sanitary sewer service for all parcels shall be required per the requirements of the West Valley
Sanitation District.
File No. SD-97 -002; 14000 Alta Vista Avenue
Acknowledged. 36. Domestic water shall be supplied by San Jose Water Company.
Acknowledged. 37. The applicant shall install additional fire hydrants as determined by the Saratoga Fire District.
City Attorney
Acknowledged. 38. Applicant agrees to hold City harmless from all costs and expenses incurred by the City or held
to be the liability of City in connection with City's defense of its actions in any proceeding
brought in any State or Federal Court, challenging the City's action with respect to the
applicant's project.
Acknowledged. 39. Noncompliance with any of the conditions of this permit shall constitute a violation of the
permit. Because it is impossible to estimate damages the City could incur due to the violation,
liquidated damages of $250 shall be payable to this City per each day of the violation.
Section 1. Conditions shall be completed within 24 months or approval will expire.
Section 2. All applicable requirements of the State, County, City and other Governmental
entities shall be met.
Section 3. 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 12 day of August, 1998 by the following vote:
AYES: Commissioners Bernald, Kaplan, Martlage, Murakami, Page and Chair Pierce
NOES: None
ABSENT: Commissioner Patrick
ATTEST:
Chairman, Planning Commission
S reta y, Plannin '=mission
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3 1 X AGENDA ITEM 'V
MEETING DATE: MAY 5, 1999 CITY MGR: 07 r
ORIGINATING DEPT.: PUBLIC WORKS DEPT. BEAD:4
SUBJECT: Horseshoe Drive Landscape Improvements Award of Construction Contract
Recommended Motion(s):
1. Move to declare Blackwell Brothers Construction of Los Gatos to be the lowest responsible
bidder on the project.
2. Move to award a construction contract to Blackwell Brothers Construction in the amount of
$47,500.
3. Move to authorize staff to execute change orders to the contract up to $8,000.
Report Summary:
Sealed bids for the Horseshoe Drive Landscape Improvement project were opened on September 22,
1998. A total of three contractors submitted bids and a summary of the bids received is attached
(Attachment 1). Blackwell Brothers Construction of Los Gatos submitted the lowest bid of $47,500
which is 13.6% below the Engineer's Estimate of $55,000 and which is within the allowed amount in
the Engineer's Report. Bidding took place during the initial stage of the project because of the
importance of pinning down the cost of the landscape improvements for the Engineer's Report. The
annexation process was explained to each bidder, so there was an understanding that a construction
contract would not be awarded until its completion.
Award of the construction contract is the next step for the landscaping project which reached a
milestone on April 21 with the annexation of the Horseshoe Drive neighborhood to the City's existing
Landscape and Lighting Assessment District LLA -1. The annexation allows the City to assess the
properties, in the newly annexed area, the amount of the initial landscape improvement costs and the
ongoing maintenance costs.
It is therefore recommended that the Council declare Blackwell Brothers Construction to be the lowest
responsible bidder on the project, and award the attached construction contract (Attachment 2) to this
firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute
change orders to the contract up to an amount of $8,000 to cover any unforeseen circumstances which
may arise or become necessary during the course of the work.
Fiscal Impacts:
The F.Y. 99 -00 proposed budget contains $57,800 in Activity 3040 (Landscape and Lighting District),
Account 4010 (Contracts) for the project. Although work will begin later this month, it is anticipated
that the first invoice will not be paid to the contractor until next fiscal year.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
Blackwell Brothers Construction will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare another
bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire
project. However, staff does not believe that a lower bid will be obtained by re- bidding the project due
to the competitive nature of the current bids received. The bids have been reviewed by the Horseshoe
Drive neighbors who are pleased with the results.
Follow Up Actions:
The contract will be executed and the contractor will be issued a Notice to Proceed.
Attachments:
1. Bid Summary.
2. Construction Contract.
CITY OF SARATOGA
BID SUMMARY: HORSESHOE DRIVE LANDSCAPE IMPROVEMETNS
BID OPENING DATE: SEPTEMBER 22, 1998
ENGINEER'S ESTIMATE BLACKWELL BROTHERS CONST. JENSON CORPORATION LONESTAR LANDSCAPE, INC.
ITEM ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1. DEMOLITION, GRADING IRRIGATION, 1 LS N/A $55,000.00 N/A $47,500.00 N/A $88,333.00 N/A $70,100.00
AND LANDSCAPING
TOTAL $55,000.00 $47,500.00 $88,333.00 $70,100.00
CITY OF SARATOGA
SANTA CLARA COUNTY, CALIFORNIA
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
HORSESHOE DRIVE LANDSCAPE IMPROVEMENTS
THIS CONTRACT, made this 5th day of May, 1999, by and between the
City of Saratoga, a Municipal Corporation, in Santa Clara County,
California, hereinafter called the City, and
Blackwell Brothers Construction
hereinafter called the Contractor.
WITNESSETH:
WHEREAS,the City has caused to be prepared in the manner prescribed
by law, plans, specifications and other contract documents, for
the work herein described and shown and has approved and adopted
these contract documents, specifications and plans and has caused
to be published in the manner and for the time required by law, a
Notice Inviting Sealed Bids for doing the work in accordance with
the terms of this Contract, and
WHEREAS, the Contractor in response to said Notice has submitted to
the 'City a sealed bid proposal accompanied by a bid guaranty in an
amount not less than ten percent (10%) of the amount bid for the
construction of all of the proposed work in accordance with the
terms of this Contract, and
WHEREAS, the City, in the manner prescribed by law, has publicly
opened, examined and canvassed the bids submitted and as a result
has determined and declared the Contractor to be the lowest
responsible bidder and has duly awarded to the Contractor a
contract for all of the work and for the sum or sums named in the
bid proposal and in this Contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. WORK TO BE DONE:
That the Contractor shall, provide all necessary labor, machinery,
tools, apparatus and other means of construction; shall furnish all
materials, superintendence and overhead expenses of whatever nature
necessary to construct all of the improvements for the City of
Saratoga in conformity with the plans, specifications and other
contract documents and according to such instructions as may be
given by the Saratoga Director of Public Works or his authorized
agent.
17
ARTICLE II. CONTRACT PRICES
Except as provided in Section IV B of the Specifications "Changes
and Extra Work the City shall pay the Contractor according to
the prices stated in the bid proposal submitted by the Contractor,
which shall include all applicable taxes, for complete performance
of the work.
The Contractor hereby agrees to accept such payment as full
compensation for all materials and appliances necessary to complete
the work; for all loss or damage arising from the work or from
action of the elements, or from any unforeseen obstruction or
difficulties which may be encountered in the prosecution of the
work; incurred in and in consequence of the suspension or
discontinuance of the work; as hereby specified; for all liabili-
ties and other insurance; for all fees or royalties or other ex-
penses on account of any patent or patents; for all overhead and
other expenses incident to the work and expected profits; and for
well and faithfully performing and completing the work within the
time frame specified in the Notice to Proceed, all according to the
contract plans and specifications, the details and instructions,
and the requirements of the City.
ARTICLE III. PARTS OF THE CONTRACT:
That the complete contract document consists of the following:
1. Notice Inviting Sealed Bids 6. Performance Bond
2. Bid Proposal 7. Labor and Material Bond
3. Bidder's Bond or Bid Guaranty 8. Plans
4. Contract for Public Works 9. Specifications
Construction 10. Insurance Certificates
5. Hold Harmless Clause 11. Prevailing Wage Rate
In case of any conflict between this Contract and any other part of
the contract, this Contract shall be binding.
IN WITNESS WHEREOF, the City has caused its corporate name to be
hereunto subscribed and its corporate seal to be hereunto affixed
by its City Manager and its City Clerk thereunto duly authorized
and the Contractor has executed these presents the day and year
hereinabove written.
18
AWARDED BY CITY COUNCIL: CITY OF SARATOGA:
Date: May 5, 1999
ATTEST: CONTRACTOR:
City Clerk
The foregoing Contract is By
approved as to form this
day of Title
19
License No.
Tax ID' or SSN
City Attorney
"Funds verified Contract No.
Finance Office Date
19
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3 13 AGENDA ITEM
MEETING DATE: MAY 5, 1999 CITY MANAGER: W W,
I
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Resolution endorsing countywide anti graffiti campaign
RECOMMENDED MOTION(S):
Move to adopt the Resolution.
REPORT SUMMARY:
Attached is a Resolution which, if adopted, would express the City's support for a coordinated
countywide anti graffiti campaign scheduled to begin later this month prior to the end of the
school year and the start of summer recess. The Santa Clara County Cities Association has been
working to coordinate the campaign with private industry and businesses in the county, as well as
various law enforcement and judicial agencies. The aim of the campaign is to aggressively
promote a zero tolerance message about graffiti vandalism to juveniles through a "Do Graffiti
Lose Your License" slogan. The actual campaign however would strive to incorporate various
uniform techniques to identify, apprehend and prosecute graffiti vandals.
FISCAL IMPACTS:
Very little, if any, on the City. As noted, the campaign will be coordinated by the Cities
Association and the various public and private entities identified above. Saratoga's existing
graffiti abatement programs would continue as they are, but may involve some additional staff
coordination with the individuals involved in the countywide program.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION (S):
Q �S
The Resolution would not be adopted, and the City would not be on record as endorsing the
countywide campaign.
FOLLOW UP ACTIONS:
A copy of the Resolution will be forwarded to the Cities Association.
ATTACHMENTS:
1. Resolution endorsing countywide anti graffiti campaign.
2. San Jose Mercury News editorial.
3. Implementation schedule.
4. Background paper from Cities Association.
5. Memo from City Manager to Councilmember Baker re: anti graffiti campaign
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ENDORSING THE "DO GRAFFITI, LOSE YOUR LICENSE" CAMPAIGN
WHEREAS, graffiti is a blight on our society that remains a persistent and prevalent problem
despite years of hard work by the community to eliminate graffiti; and
WHEREAS, local governments in Santa Clara County spend millions of dollars annually abating
graffiti vandalism not including money spent on law enforcement or by individual homeowners
and businesses to keep their properties free of graffiti; and
WHEREAS, there exists a wide range of penalties which can be imposed upon juveniles
convicted of graffiti vandalism including the suspension of driving privileges and the assignment
of responsibility to maintain certain areas free from graffiti; and
WHEREAS, the Santa Clara County Cities Association, in cooperation with the Santa Clara
County District Attorney's Office, the Juvenile Courts, and the Juvenile Probation Department of
Santa Clara County, will initiate a campaign to increase awareness of the "Do Graffiti, Lose Your
License" and "Adopt -A- Block" laws with the goal of deterring young people from committing
acts of graffiti, vandalism; and
WHEREAS, this collaboration constitutes a pledge by all parties to promote a broader awareness,
vigilant enforcement, aggressive prosecution, and consistent application of the "Do Graffiti, Lose
Your License" and "Adopt -A- Block" laws.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Saratoga
endorses the incorporation of the "Do Graffiti, Lose Your License" campaign into existing anti
graffiti programs and authorizes the display of campaign posters and related materials in
prominent locations throughout the City.
BE IT FURTHER
RESOLVED THAT the i
C ty Council supports the efforts of the Santa Clara
County Cities Association and others to coordinate the implementation of the "Do Graffiti, Lose
Your License" campaign with the Santa Clara County Sheriff's Department as well as the various
schools, youth service organizations, neighborhood associations, and neighborhood watch groups
within the city.
I
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Saratoga held
on the day of 19 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Shaw, Mayor
ATTEST:
Susan A. Ramos, City Clerk
CITIES ASSOCIATION TEL :408 736 -2014 Apr 27,99 16:15 No.007 P.03
AN-26 -1999 09:06 C11Y COUNCIL P1ST 10 L'?198O'( P.01
an 305e Thercunj Newt
MONDAY, APRIL 20, 1999
Poot•ir Fax No 78 71 Da L 9 L► f
TO Ma Q •P_
r e MOM S�a
CoJDept, co.
Phon Ph one 770
hm# ti 010 x ��7 1 9 1a7
Potent weapon in the graffiti wars
CO
NAFPTI'l has to be the irresistible crime for Besides the license deterrent, the plan includes
kids who want to rebel. Their buddies can a different approach to cleanup responsibilities,
see what they've done, and if they get Rather than, lust making the vandals Join cleanup
caught no big deal Working crews, the idea is to make them responsible for
on a cleanup Crew may be a has- ldkt>d keeping a specific block or area free of graffiti for
ale, but it's not enough to scare an extended period of ttme.
kids straight. T e opinion For San Jose, this is another in a series of grad-
The law does allow, however, VIM 1i-fighting programs introduced with high hopes.
for
serious deterrent yanking as this M News� barrierstl ago,
t had kept vandals from being ordered
rdered
verb) Iic ense, or preventing a onto cleanup crews. More recently, it started mak
teenager from getting one. Altar all, for most kids, ins parents pay for damages.
the tUUU1.of tagging a dumpster is nothing con- DaiWo says the city has reduced the visibility of
pared to the burst of pride that comes with that gtalfiti but hasn't really slowed kids down: `We're
driver's license. Just getting better at painting it out* She s. s San
Now the Salta Clara County Cities Assodadon, Jose spends $2 million a year on abatement and
the district attomey's apace and the Juvenile courts gets back about $80,000 in restitution. It has liens
are proposing a countywide graffiti-prevention against the homes of some taggers' families, but
program that would publldze the driver's. license won't get the cash until the houses are said.
penally, implement ft ly, and use it as a The whole county should Join the new cam
tool to deter young van Nape to rind the paign because a uniform tough approach will
publicity campaign with private contributions, spread the word faster and make the point more
mostly,from businesses that are victims of vandal- dearly. Besides, since the outreach component
ism and want to help prevent it. will be privately funded, there doesn't seem to be
Last week Councilwoman Pat Dande brought any reason not to Join.
the To wad lose your license" proposal to Like death and taxes, it seems graffiti will ever
the Ben Jose City Council end got quick approvaL be with us. But sometimes you can stall death, and
Monte Serena also has si1ened on. We hope every once in a while you can even cut taxes. Let's not
other city in the county will Join them in the next get complacent about this most vexing, if not dan-
few weeks. serous, of crimes.
TOTAL P.01
04/12/1999 10:19 408 255 -3848 E S BAKER PAGE 04
SANTA CLARA COUNTY
CITIES ASSOCIATION
Campbell
Timeline for Implementation of Graffiti Policy
Cupertino
March 29 Draft of graffiti white paper will be completed (staff report)
Gilroy March 29 Draft sent to DA and Judge for their review by end of this
week
Los Altos April 8 White paper draft and agenda item language introduced to the
Cities Association Board for their review
Los Altos Hills
April 15 Comments on the staff report must be received by this date
April 21 Final review of the staff report will be conducted at Executive
Session
Los Gatos
May 12 To be discussed at individual council meetings for their
approval beginning this week.
Milpitas
May 13 Cities will have the opportunity to share information about
their graffiti programs at this SCCCA Board Meeting
Monte Sereno
May 19 All individual city councils should have reviewed and
adopted the proposed policy by the end of this week
Morgan Hill
May 24 Press release to be issued (j2 o
Mountain View
Palo Alto
San lose
Santa Clara
Saratoga
Sunnyvale
505 W. Olive Avenue. Suite 630, Sunnyvale. California 94086 Tel: (408) 730 -7770 Fax: (408) 736 -20/4
CITIES ASSOCIATION TEL :408 -736 2014 Apr 27,99 16 :15 No.007 P.04
SANTA CLARA COUNTY
CITIES ASSOCIATION DRAFT
Campbell
Cupertino Do Graffiti Lose Your License" Campaign
Santa Clara County Cities Association,
p Office of Ike District Attorney, Juvenile Courts
Gilroy RECOMMENDATION
1) Ado t a resolution in su ort of the "Do Graffiti Lose Your License" and "Adopt
Los Altos A B ock" ants -gra itt campaigns.
2) Coordinate the involvement and emphasize the importance of cities' local law
enforcement agencies.
Los Altos Hills
3) Coordinate the involvement of schools, youth service organizations, neighborhood
associations, and neighborhood watch groups within your city.
Los Gatos
4) Coordinate and encourage citizen watchdog programs as well as volunteer graffiti
buster groups.
Milpitas 5 Authorize the display of Campaign posters and bumper stickers in prominent
locations in public places in your city.
Monte Sereno
BACKGROUND AND ANALYSIS
Morgan Hill Despite innovative approaches and years of hard work by the community, graffiti remains a
persistent and prevalent problem in all fifteen cities and unincorporated areas of Santa Clara
County. Graffiti or tagging vandalism diminishes the quality of life in our community and
Mountain View violates the public's perception of personal safety. Graffiti is a significant cause of anger
and frustration for residents throughout the County.
The costs of graffiti are enormous. In Santa Clara County, local government agencies alone
Polo Alto
spend over $2 million each year just cleaning up graffiti vandalism. In addition, the costs of
law enforcement, the judicial system, and prevention programs add millions of dollars to the
burden on the taxpayers. These numbers do not include the staggering sums that private
San Jose homeowners and businesses must spend to keep their properties free of graffiti. Graffiti
may have indirect economic cost as well. Customers, visitors, and investors are less likely
to spend financial resources in a neighborhood or shopping district that is blighted with
Santa Clara graffiti.
Each City in the County approaches the graffiti problem in its own way. Most cities
coordinate volunteers to paint over tags and also offer free paint to residents and businesses.
Saratoga Some cities use volunteers to do surveillance at certain trouble spots to catch tuggers in the
act. Other cities have police officers that are assigned full time to graffiti cases.
Sunnyvale
505 W Olive Avenue, Suite 630, .Sunnyvale. California 94086 7e1: (408) 730.7770 Fctx: (408) 736.2014
CITIES ASSOCIATION TEL :408- 736 -2014 Apr 27,99 16:15 No.007 P.05
SANTA CLARA COUNTY
CITIES ASSOCIATION
Campbell Effective graffiti abatement requires cooperation between citizens, police, district attorneys,
judges, local and state governments. Generally, the community has become very proficient
at cleaning up graffiti. When a tag appears, a government worker, a community volunteer,
Cupertino or a private property owner paint out the vandalism fairly quickly in most neighborhoods.
However, despite improved clean up efforts, there is a clear sense that the amount and the
frequency of graffiti has remained steady. More needs to be done to prevent youth from
Gilro y doing graffiti in the first place. Most youth do not understand the severity of the crime. So,
the community must focus on an effort to establish a deterrent by making youth realize up
front that in Santa Clara County they will be held accountable for committing a graffiti
Los Altos crime by receiving a significant and meaningful punishment.
Today, a graffiti vandal can receive a range of punishments, from probation and community
Los Altos Hills service hours to restitution and time in juvenile hall. However, two punishments standout
as particularly significant to teenage delinquents. One is the suspension of their drivers
license. Few activities are more important to a teenager than their driving privileges. Most
Los Gatos youths do not realize that State law allows a drivers license to be delayed or suspended as a
penalty for conviction of a graffiti crime. The other punishment is the "Adopt-A-Block"
program, which assigns responsibility to the graffiti offender to maintain and clean certain
areas. Increased awareness among young people of these penalties may be a very effective
Milpitas deterrent that will prevent the occurrence of graffiti vandalism in our community.
To get this message to the community, the Santa Clara County Cities Association, in
Monte Sereno conjunction with the Santa Clara County District Attorney's Office, the Juvenile Courts and
the Juvenile Probation Department of Santa Clara County, will initiate a public relations
campaign dubbed, "Do Graffiti Lose Your License." This collaboration among county
Morgan Full agencies and the fifteen cities of Santa Clara County will focus on increasing awareness of
State Vehicle Code Section 13202.6 that allows the suspension of a drivers license as
punishment for the conviction of a graffiti offense. Additionally, this statute allows for the
delaying of eligibility for those not yet in possession of a drivers license. The Campaign
Mountain View will remind kids that this community will not tolerate graffiti and will hold them
accountable for their actions through the enforcement of programs such as "Adopt -A-
Block" and "Do Graffiti, Lose Your License." The goal is to make young people think
Palo Alto twice about committing a crime in the first place.
The Collaboration constitutes a pledge by all parties to promote broader awareness, vigilant
San Joscj enforcement, aggressive prosecution and consistent application of current anti graffiti laws.
The City Councils in each city will adopt a resolution in support of the "Do Graffiti Lose
Your License" and "Adopt -A- Block" Campaigns and endorse the District Attorney's and
Santa Clara the Juvenile Courts' efforts to vigorously enforce all laws related to graffiti. The City
Councils will also authorize the display of Campaign posters in public buildings in cities
throughout the County, and coordinate the involvement of local law enforcement, schools,
Saratoga youth service, neighborhood, and service organizations in each city.
The Santa Clara County Cities Association will also promote the Campaign through public
Sunnyvale service announcements and solicit the sponsorship, support, and participation of the local
business community.
505 W. Olive Avenue, Suite 630, Sunnyvale, CcrlifOrnia 94086 Tel: (408) 730.7771) Fu.t': N08)736-2014
MEMO
TO: Evan Baker A
FROM: Larry I. Perlin
SUBJECT: Comments on Draft Graffiti Campaign
DATE: April 15, 1999
As requested, I have reviewed the materials you were provided with at the Cities Association
concerning the proposed Anti- Graffiti campaign. Yesterday at the City Managers Association
meeting, we were also provided with an update on this effort from Marty Clevenger. Based on
what I have read and heard, here are some of my thoughts:
1. I believe the thrust of the program should be aimed more at developing a uniform countywide
message that graffiti will not be tolerated and that the consequences for persons caught
committing graffiti will be serious. I do not believe that the program however should focus on
specific penalties such as "Lose Your License" since each City should be left to deal with
graffiti in its own way. (Experience tells me that the one size fits all approach rarely
succeeds.) Instead, the program might indicate a range of potential penalties which could be
imposed on graffiti vandals if they are caught. The message should also suggest that
aggressive efforts will be undertaken to develop and strengthen programs to identify,
apprehend and prosecute graffiti vandals so that they may think twice before committing an
act of graffiti vandalism.
2. It appears to me that the County of Santa Clara (especially the Sheriff), as well as several key
third party agencies which operate within the County such as Caltrans, the several railroad
(passenger and freight) operators, utility companies, etc., have been omitted from the
proposed campaign, although I suspect unintentionally so. Since some of the most offensive
acts of graffiti vandalism which particularly irritate the general public occur on or along
property owned or controlled by these other agencies, they need to be brought into and
commit to the campaign Wit is to be successful throughout the County. In other words, there
needs to be a uniform attitude developed about not tolerating graffiti anywhere in the County,
or else the graffiti vandals will migrate towards those areas where graffiti is not looked upon
as serious of a problem as in other parts of the County. This does not mean however that the
methods for dealing with acts of graffiti vandalism need to be identical everywhere.
3. I have no problems with the City Council adopting a Resolution committing the City to
support the goals and objectives of a countywide anti- graffiti campaign so long as the
campaign focuses more on articulating a message of no tolerance for graffiti, and less on the
specific consequences to which the graffiti vandals would be subject. I would also not want
the Resolution to commit the City to any particular course of action other than vanilla kinds of
activities such as information dissemination and the like. This is because fortunately graffiti is
not a serious problem in Saratoga and as such, I do not see the benefits of directing any
significant amount of staff time to proactively addressing the issue. I would not want, for
instance, for the City to commit to organize volunteer "Graffiti Buster" groups. For the level
of graffiti activity which currently occurs within the City, the existing response mechanisms
appear to adequately address the problem. On average, I would estimate that the City spends
roughly $5,000 annually to eradicate graffiti, with most of that amount equating to the cost of
Public Works staff time spent actually removing graffiti. In Saratoga, graffiti is mostly
confined to walls along Route 85 and the Union Pacific corridor, and occasionally to the
restrooms at Congress Springs, El Quito, or Wildwood Parks. No Deputy Sheriffs are
specifically assigned to handle graffiti cases in the City, their involvement is purely response
driven, i.e. whichever deputy is on duty when a graffiti incident is reported, will handle the
case,
4. Two other thoughts about potential consequences for graffiti vandals who are convicted of a
crime. First, there should be a means to require them to speak to younger kids in the schools
(assuming the vandal is somewhat older, say a high school student) to explain first hand the
consequences of getting caught and convicted of a graffiti offense. This type of peer pressure
approach has worked well with other programs such as drunk driving and say no to drugs
campaigns. Second, financial restitution for their acts should be mandatory, and if a minor,
then the parents should be held financially responsible. This is a very effective deterrent if
properly utilized.
I hope this helps. If you have any questions, let me know.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.3 1 0 AGENDA ITEM
i
MEETING DATE: May 5,1999 CITY MANAGER:
ORIGINATING DEPT: Administrative Services DEPT. HEAD: 4' /A
i
I
SUBJECT: Response to Independent Auditor's Memorandum on Internal Control
Structure for Fiscal Year Ended June 30, 1998
RECOMMENDED MOTION(S):
Accept and file this report, and direct staff to implement recommended procedures.
REPORT SUMMARY:
Each year, as part of the audit process, the independent Certified Public Accounting firm which
performs the City's annual audit, in this case Maze and Associates, issues to their clients a
Memorandum on Internal Control Structure, also known as the Management Letter Comments.
The purpose of this letter is to provide the City Council and management staff with
recommendations for improving upon the internal control system and fiscal management. This
procedure is an important aspect of the annual audit process, and is a meaningful fmancial
management tool.
This year, the letter contains six recommendations, along with a general word of caution which
Maze and Associates is issuing to all of their clients. Below is summarized the auditor's
comments, along with staffs response. The Finance Commission reviewed the auditor's comments
and staff's draft responses at their April 12 meeting, and the Commission's comments have been
incorporated into this report.
1. The City should provide additional training to staff to the extent needed to effectively use
and operate the information systems.
Response The City believes in a well trained staff. The implementation of the new financial
system, coupled with high turnover in the Administrative Services Department and an
extremely heavy workload, has left a training shortfall in certain areas. One training area of
concern is in the technical aspects of the financial system administration. The plan is to arrange
for the City's Technology Coordinator to attend a series of training classes presented by either
or both HTE and IBM during the upcoming year. Funds have been programmed in the
proposed fiscal year 1999 -2000 MIS budget to do this.
Personnel in the Finance Division have participated in various forms of training on the HTE
system over the past two years, and are fairly comfortable and pleased with the system. Funds
have been recommended in the 1999 -2000 Financial Management budget to further staff's
knowledge on an ongoing basis.
A problem which the City faces is that training opportunities specific to the HTE system are
often logistically difficult to arrange. HTE offers considerable training, but only at their Florida
campus, which is costly and time consuming. The City does make use of these training
services when other alternatives are not available. Several times, we have arranged for expert
users from other California cities to come to Saratoga to train staff on specific subjects, with
very positive results. Staff has recently arranged for a three hour training session over the
telephone with an HTE trainer on the Fixed Asset module. Additionally, the City actively
participates in HTE's Western Region Users' Group which meets annually for a two day
conference. These alternative methods have provided some very good training for our staff,
and are efficient uses of our resources. We intend to continue using these types of training and
networking opportunities.
2. Bank reconciliations should be brought and kept current.
Response The City has three bank accounts which need monthly reconciliation: general
checking, payroll checking, and savings. Staff has brought the bank reconciliations on all three
accounts up to date, and has trained staff on the reconciliation process to keep them current.
3. Housing Assistance and Rehabilitation Loan (HCDA) reconciliations should be balanced
monthly, liens should be documented for new loans, and non current loans should be
followed -up.
Response With the cutback in staffing two years ago and the recent high turnover, the process
of performing the very detailed tracking of HCDA loans has suffered. Staff has been in
discussions with Santa Clara County to take over the administration of this program, which
would include the issuance and collection of HCDA loans. Prior to this taking place, however,
staff must update the City's loan records, and an agreement with the County needs to be
executed. These tasks will be completed by June 30, 1999.
4. Developer deposits, some of which date back to 1982, should be researched and refunded
where appropriate. Also, a central location should be created and maintained for
documentation of deposits payable.
Response The City has a detailed record of approximately 200 such deposits which ties to the
amount indicated in the audit. Some of them are quite old, and need to be refunded. The City
Attorney has researched the process for disposing of unclaimed monetary deposits in the City's
deposit fund. The next steps are to identify which refunds are able to be released, contact those
individuals, and release the funds to the appropriate parties. Staff has begun this process, and
hopes to conclude it by June 30, 1999. During this process, staff will also compile a more
comprehensive and centralized documentation system.
MgmtLetter 2
5. Fixed assets records should be updated through the performance of a physical inventory
and ongoing records maintenance.
Response The City's fixed asset records are over seven years old and staff agrees that they
should be updated. The taking of a physical inventory after this many years requires a well
organized effort involving all departments, as well as a significant amount of research to
document older assets. The plan is to perform the physical inventory during next fiscal year,
either in the fall or early spring. $17,500 has been recommended in the fiscal year 1999 -2000
budget to perform the physical inventory. On an ongoing basis, about .2 FTE will need to be
allocated to maintain the fixed asset records, as that is not a function which is currently
performed. The staffing plan proposed in the FY 1999 -2000 draft budget does this.
6. Supporting documentation should be attached to each receipt, and the accounts should be
recorded on the receipt.
Response Last September, the City's receipt form was revised to more accurately reflect the
types of payments which the City collects, along with their respective accounting codes.
This addresses the auditor's primary concern raised. Staff currently attaches all
documentation to the receipt, except for photocopies of checks, due to time constraints.
Conversations with Maze and Associates indicated that attaching check copies is not a
priority.
Debt Covenant Management
The letter states that there has been an increase in compliance problems noticed at other
municipalities due to errors caused by trustees overseeing municipal debt issues. The City does
use trustees to administer its municipal debt, and has therefore followed the auditor's
recommendation in assigning the Accounting Supervisor to review debt compliance to ensure the
City maintains full compliance with its debt covenants.
FISCAL IMPACTS:
To address training (Comment 1), a total of $13,000 has been included in the Administrative
Services Department program budgets for ongoing technical training.
There are no direct fiscal costs involved with researching and refunding developer deposits
(Comment 4), although the City may realize revenues if the original depositor can not be located.
In these cases, the deposit will escheat to the City's General fund. The amount of the
escheatment is unknown at this time.
The estimated cost of the physical inventory (Comment 5) needed to bring the fixed asset records
current is estimated at $17,500. The cost of a .2 FTE to maintain the records is about $7,500
annually. These are both included in the proposed budget for FY 1999 -2000.
There are no direct fiscal impacts of performing the bank reconciliations (Comment 2), the
HCDA loan reconciliations (Comment 3), cash receipts documentation (Comment 6), or debt
covenant management, although there could be significant impacts of not performing these
functions, should errors arise which go undetected.
MgmtLetter 3
P S
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
Management letter comments are intended as a tool to assist the City in improving the it's system
of internal controls and financial management. The auditors are experts in this field, and
generally their recommendations add valuable policy and procedural changes to the current
system. Therefore, it is wise for the City to seriously consider the auditor's comments. If a
recommendation is not followed, and the problem is perceived by the auditors as being serious
enough to compromise the City's system of internal controls, the auditors could issue a qualified
audit opinion, rather than the highly desirable unqualified opinion which the City now receives.
The consequences of not acting on the auditor's specific recommendations are detailed below:
1. Training Lack of adequate training could reduce efficiency and prevent staff from utilizing
the financial system to its fullest.
2. Bank reconciliations Not performing bank reconciliations is a serious problem. Bank
errors or fraudulent transactions would go undetected until the reconciliation is performed.
3. HCDA loan reconciliations Regular reconciliations of these loans will immediately
disclose any delinquencies or changes in loan administration such as payoffs.
4. Developer deposits The consequences of not keeping developer deposits current and well
documented is that much more effort is required to bring them up to date, particularly in
locating the original depositor.
5. Fixed assets A fixed asset system helps safeguard the City's assets from theft or loss. It
also allows the City to accurately reflect on its books the cost of the City's assets. Fixed
assets is an issue for which auditors have issued qualified reports to their clients when the
problem was not dealt with adequately.
6. Cash receipts documentation If cash receipts are not properly documented with
supporting records, research is much more difficult or even impossible, possibly increasing
the likelihood of mistakes.
Debt covenant management The consequences of not monitoring debt compliance could
result in the City missing a debt service payment if the trustee fails to notify the City of the
payment.
FOLLOW UP ACTIONS:
Accept and file the report. Staff to implement recommended procedures.
ATTACHMENTS:
Independent Auditors Memorandum on Internal Control Structure for year ended June 30, 1998.
MgmtLetter 4
Al AZE
ASSOCIA TES
ACCOUNTANCY CORPORATION
December 17, 1998 1670 Riviera Avenue Suite 100
Walnut Creek, California 94596
To the City Council of (925) 930 -0902 FAX (925) 930 -0135
the City of Saratoga
Under generally accepted auditing standards, auditors are encouraged to report various matters
concerning an entity's internal control structure noted during an audit, and are required to report certain
of those matters. Matters that are required to be reported are significant deficiencies in the design or the
operation of the internal control structure that, in the auditor's judgment, could adversely affect the
organization's ability to record, process, summarize and report financial data consistent with the
assertions of management in the financial statements.
As part of the interim phase of our audit of the financial statements of the City of Saratoga for the year
ended June 30, 1998, we considered the City's internal control structure in determining the scope of our
audit procedures for the purpose of rendering an opinion on the financial statements. While our purpose
was not to provide assurances on the internal control structure, certain matters came to our attention that
we want to report to you. These matters, along with our recommendations, are described in the
accompanying memorandum.
A material weakness is a significant deficiency in which the design or operation of one or more of the
internal control structure elements does not reduce to a relatively low level the risk that errors or
irregularities in amounts that would be material in relation to the financial statements being audited may
occur and not be detected within a timely period by employees in the normal course of performing their
assigned functions.
Our consideration of the internal control structure would not necessarily disclose all matters in the
internal control structure that might be significant deficiencies and, accordingly, would not necessarily
disclose all significant deficiencies that are also considered to be material weaknesses as defined above.
However, none of the significant deficiencies described in the accompanying memorandum is believed to
be a material weakness.
The accompanying memorandum on internal control structure is intended solely for the use of
management and the City Council. This restriction is not intended to limit the distribution of this letter
and the accompanying memorandum which, upon acceptance by the City Council, are a matter of public
record. To the extent that the City Council intends to rely upon this letter and the accompanying
memorandum, such reliance should take into account the limited basis on which our recommendations
were developed, as described above, and the limitations inherent in the internal control structure. In
addition, the City Council should understand that the criteria used by us in considering the internal
control structure could differ significantly from the criteria the City Council may be using for its purpose.
We wish to express our appreciation for the courtesies and cooperation extended to our representatives
during the course of their work. We would be pleased to discuss these recommendations in greater detail
or otherwise assist in their implementation.
Very truly yours,
YY
611 e A
A Professional Corporation
CITY OF SARATOGA
MEMORANDUM ON INTERNAL CONTROL STRUCTURE
Administrative Services Department Staffing
During fiscal 1998 the Administrative Services Department's rebuilding and reorganization was still in
progress. Under the circumstances, the annual closing and audit were completed relatively smoothly.
However, the closing and issuance of the financial statements were delayed due to the lack of adequate
full time staff in the Administrative Services Department. Since year end, the Department has added
additional staff and in now one person short of its staffing goals. We encourage the Administrative
Services Department to continue to stabilize staffing and assign specific duties to improve the internal
control environment and timeliness of information. Some specific areas that should be addressed include:
All Administrative Services staff need a thorough knowledge and understanding of the
Administrative Services information systems. The City should provide additional training to the
Administrative Services staff to the extent they need to effectively use and operate the information
systems. This will be extremely important this year as the City addresses Year 2000 issues.
Bank reconciliations should be brought and kept current. Reconciliations should be completed within
60 days of month end and there should be no unreconciled differences.
Housing Assistance and Rehabilitation Loans should receive attention. Monthly loan reconciliations
should be balanced to loan payment records to ensure all payments are received. Administrative
Services should obtain a copy of recorded loan documents for all new loans to ensure a lien has been
placed on each borrower's property. There also should be a procedure for following up on non-
current loans.
Deposits from developers and others should be researched and refunded, where appropriate. Some
outstanding balances date back as far as 1982 and not every deposit is supported by originating
documentation. These balances should be analyzed and supporting documentation retrieved.
Balances should be refunded or written off where appropriate. We also recommend that a central
location be created and maintained for documentation of deposits payable.
Fixed assets records are out of date and should be updated. We recommend performing a physical
inventory which should be used to update the City's detail fixed assets records.
An area we believe needs to be addressed concerns support retained for cash receipts which should
be attached to each receipt. These items include, but are not limited to copy of the check, cover
letters or other supporting records. Also the account to be credited should be recorded on the receipt.
Debt Covenant Management
Over the past several years there have been numerous changes of Trustees overseeing municipal debt
issues and compliance with associated covenants. While our audit did not reveal compliance exceptions
with the City's debt covenants, we have seen an increase in compliance problems with other
municipalities due to trustee errors and we recommend the City assign an employee to review debt
compliance to ensure the City maintains compliance with its debt covenants.