HomeMy WebLinkAbout10-21-1998 Staff Reports SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3a.7 AGENDA ITEM 4
MEETING DATE: OCTOBER 21, 1998 CITY MANAGER: I r
r
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Letter from City of Angels (Angels Camp) requesting financial contribution in
Fukuda v. City of Angels Camp
RECOMMENDED MOTION(S):
None. Determine whether to make a financial contribution to the City of Angels to help defray
that city's legal expenses in the subject case.
REPORT SUMMARY:
Attached is a letter received from the City of Angels (Angels Camp), which was sent to all
California cities, requesting financial assistance to help offset legal expenses incurred in a case
which is now before the State Supreme Court, Fukuda vs. City of Angels Camp. At issue is
whether an administrative agency has the burden of proof in mandamus proceedings challenging
an agency action. At Wednesday's meeting, the City Attorney will discuss the case with you and
explain its relative importance to Saratoga. The Council should then determine whether or not to
make a financial contribution to the City of Angels Camp to help that City offset its legal expenses
which, as the letter states, constitutes a significant portion of their general fund budget.
FISCAL IMPACTS:
Depends on Council's action. If the Council decides to make a contribution, there are sufficient
funds in the Council's contingency budget to do so.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
N /A.
FOLLOW UP ACTIONS:
Again, depends on Council's action.
ATTACHMENTS:
Letter from City of Angels dated September 21.
CITY of ANGELS
Mayor Administrator
TAD FOLENDORF TIMOTHY A. SHEARER
Vice Mayor City Engineer
JACK JOHNSON WEBER /GHIO
Councilmembers City Attorney
Incorporated in 1912
WARREN AMBROSE RICHARD MATRANGA
DEBBIE PONTE Post Office Box 667 584 South Main
DONNA GRIFFIN ANGELS CAMP, CALIFORNIA 95222
Phone (209) 736 -2181 Fax (209) 736 -0709
September 21, 1998
All City Mayors
RE: FUKUDA V. CITY OF ANGELS CAMP
Dear Fellow Mayors:
The City of Angels, also known as Angels Camp, located in the Sierra Nevada foothills,
is a small community of less than 3,000 people. For the past six years we have been
reluctant participants in a lawsuit that has now been elevated to the Supreme Court. The
outcome of this case will have long term impacts on every City and County in the State
of California. If we prevail in this battle, it will be a victory for all cities and counties.
This is a case about whether an administrative agency has the burden of proof in
mandamus proceedings challenging an agency action. The Attorney General's Office,
League of California Cities and the California State Association of Counties have all
written letters in support of our position. The cost of litigation will exceed $200,000,
which equates to over 20% of our annual general fund budget. This fight is a fight for
your benefit as well as ours. This letter is an urgent plea for financial support to allow us
to continue to fight this battle and protect the legal rights of government entities in
California.
Enclosed is the "Legal Advocacy Committee Report" of August, 1998, regarding the
case. We ask that you consider the potential impact to your community if this ruling is
allowed to stand and join with us in this pivotal battle.
Sincerely you
a ftd
Tad Folendorf
Mayor
H O M E O F THE JUMPING FROG
f
Who Has the Burden of Proof in Actions Challenging
Administrative Actions: The Agency or The Challenger?
Fukuda v. City of Angels Camp, 63 Cal. App. 4th 1426, 74 Cal. Rptr: 2d 731 (3d Dist.
May 19, 1998).
Case Description: This is a case about whether an Case Status: The League joined a
administrative agency has the burden of proof in mandamus letter written by the Califurn:a State
proceedings challenging an agency action. See generally Cal. Association of Counties suprnrt:nc
Civ. Proc. Code 1094.5. The Third District Court of Appeal Angels Camps petition for review
held that an agency which dismissed an employee continues to and, in the alternative. asking f
shoulder the burden of proof even after a trial court finds in its decertification from publication.
favor. The letter was filed on July 20.
19':
In this case, the Angels Camp City Council and a hearing officer
sustained a decision by the chief of police to terminate a police j•
officer for violating department policy. The fired officer then
took the city to superior court, where the court ruled that the city
had the burden of proving its findings with preponderance of
evidence. The court of appeal affirmed the trial court judgment
and found that, in cases involving fundamental, vested rights, the
city had the burden of proving that the preponderance of the
evidence supported the.city's findings.
This is at odds with previous case law. See Drwnmey v. State
B L of Funeral Directors, 13 Cal. 2d 75, 87 P.2d 848 (1939);
Chamberlain v. Ventura County Civil Serv. Comm'n, 69 Cal.
App. 3d 362, 138 Cal. Rptr. 155 (1977). Those cases place the
burden of proof on the complaining party to show that the
agency decision is contrary to the weight of the evidence.
12 Legal Advocacy Committee Report August tV
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. �r AGENDA ITEM S.6 c3
/1" MEETING DATE: October 21, 1998 CITY MANAG r►
4 d 4 d/ V
ORIGINATING DEPT.: CITY MANAGER Prepared By: I�r4� II
SUBJECT: Resolution Authorizing the City to Submit an Application for an Office Of
Traffic Safety Grant
RECOMMENDED MOTION(S): Pass a Resolution authorizing the City Manager or his
appointee to submit an application for a grant from the Office of Traffic Safety for the
purpose of funding a Saratoga Youth Bicycle Safety Education Program.
REPORT SUMMARY: As a requirement of the application process for funds from the Office
of Traffic Safety of the State of California, an applicant city is required to pass a resolution
authorizing the City Manager and/or his/her staff to apply for these grant monies.
The City, through the recommendation of the Bicycle Advisory Committee, had requested
funding from the Office of Traffic Safety for a Saratoga Bicycle Safety Program. In June of
1997, the City received notice that our request had been tentatively approved and funds would be
distributed once they became available from the Federal Level. Since that time, the City has
worked with the Office of Traffic Safety and submitted a final application for funding. The
resolution being requested tonight is simply a portion of the application that is required of us in
order for the funds to be granted and distributed.
The City will be receiving $21,000 for this Bicycle Safety Program. The Bicycle Advisory
Committee and staff have been working with ALTRANS to fold this Safety Education Program
into the K -12 Trip Reduction Program. Since the K -12 program is already established in the
schools, this is an appropriate vehicle to incorporate our Bicycle Safety Programs as alternative
transportation options are being taught to our Youth.
FISCAL IMPACTS:
If the resolution is passed, the application can be submitted and the City will receive $21,000 for
the Bicycle Safety Education Program.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
If the resolution is not passed, the City's application will be considered incomplete and the City
will not receive the grant money for the program.
FOLLOW UP ACTIONS:
Staff will forward the resolution to the Office of Traffic Safety.
ATTACHMENTS:
1. Copy of the proposed resolution.
2. Copy of the application submitted to the Office of Traffic Safety for the Bicycle Safety
Program.
State of California
Business, Transportation Housing Agency PROJECT NUMBER
OFFICE OF TRAFFIC SAFETY PS9815
PAGE 1 (To be completed by applicant Agency)
1. PROJECT TITLE
Saratoga Bicycle Safety Education Program
2. NAME OF APPLICANT AGENCY 4. PROJECT PERIOD
City of Saratoga Month —Day —Year
3. AGENCY UNIT TO HANDLE PROJECT From: 10/1/98
City Manager's Office To: 12/30/99
5. PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and
end product in approximately 100 words. Space is limited to 6 lines.)
This project's goal is to improve safe bicycle riding conditions on the roads in Saratoga. This goal will be met by accomplishing two
objectives: 1. Bicycle safety education activities will be provided by ALTRANS at nine local elementary and middle schools. These
activities are designed to teach and encourage safe riding techniques and increase the confidence of younger riders and their parents.
2. Bicycle traffic and safety signs will be installed at critical intersections, alerting motorists and bicyclists to up- coming road
conditions. The City of Saratoga The City Manager's Office will be monitoring the progress through its Bicycle Advisory
Committee and Public Works Department. Other committees such as the Saratoga Public Safety Commission and the School
Resources Officers, will assist and provide input in the implementation of this project To evaluate the ef of this project,
in addition to progress reports from ALTRANS and above committees, bicycle related collisions will be closely monitored and
reports will be compiled and presented to all the involved entities. Parents and staff at schools will be encouraged to correspond with
the city regarding the usage levels of bicycles among students and alert the city of specific road conditions that would improve bicycle
safety.
6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $21,000.00
7. APPROVAL SIGNATURES
A. PROJECT DIRECTOR B. AUTHORIZING OFFICAL OF APPLICANT AGENCY
NAME: IRENE JACOBS PHONE: 408- 868 -1215 NAME: LARRY PERLIN PHONE: 408 -868 -1200
TITLE: SENIOR ADM IN. ANALYST TITLE: CITY MANAGER
ADDRESS: ADDRESS:
13777 FRurrvALE AVENUE 13777 FRUITVAIE AVENUE
SARATOGA, CA 95070 SARATOGA, CA 95070
iT�l brat 1 D 19$
(Signature) (Date) (Date)
C. FISCAL OR ACCO I G OFFICIAL
D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS
NAME: MARY Jo WALKER PHONE: 408- 868 -1200 NAME: CITY OF SARATOGA
TITLE: FINANCE DIRECTOR
ADDRESS: ADDRESS:
13777 FaurrvAin AVENUE CITY MANAGER'S OFFICE
SARATOGA, CA 95070 13777 FRUITVAIE AVENUE
SARATOGA, CA 95070
,o t7� q
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(S► ature) (!late)
SCHEDULE A
PROJECT NO: PS9815
PROJECT DESCRIPTION PAGE 1
BACKGROUND
A. GENERAL CHARACTERISTICS: The City of Saratoga, located on the West side of Santa Clara County, is
approximately 12 sq. miles and has 30,161 residents. Within the city boundaries, there are nine K -8 schools with nearly
2,500 students. None of these schools have buses; therefore a large population of students are dependent upon private
automobiles and bicycles to meet their transportation needs.
B. STREETS AND HIGHWAYS: Saratoga. contains 118 miles of streets and serviceable roads and approximately 8
miles of state highway. The major streets are: Big Basin/Saratoga Avenue/Saratoga -Los Gatos Road/Sunnyvale- Saratoga
Road, Herriman Sunnyvale- Saratoga Road, Fruitvale Allendale, Saratoga Highway 85, Saratoga Fruitvale, City
Limits Highway 9 from Los Gatos, Highway 9 from Congress Springs, Saratoga Avenue, Sunnyvale- Saratoga Road
C. OPERATING DEPARTMENTS: Public Works Department/City Manager's Office
D. EXISTING SYSTEMS: None
PROBLEM STATEMENT: In the past four years, Saratoga has had more than 70 reported automobile bicycle
incidents (approximately 18 collisions per year). According to the Office of the City Engineer, some of these collisions
could have been avoided, if the bicyclists were more knowledgeable about safe bicycle riding and the involved motorists
were aware of the presence of bicycle riders. The addition of State Highway 85 has increased the volume of vehicular
traffic by 65% along a major arterial through Saratoga. There are three schools, a community college, library, community
center, post office and other public facilities along this arterial within 1/2 mile of Highway 85. Also, every weekday, long
lines of cars are formed by the parent drivers delivering their kids to school in the morning and collecting them in the
afternoon. The auto trips to K -12 schools and to the community college, combined with the daily traffic flow can
contribute to the risk of automobile bicycle collisions. In order to reduce the risk of automobile- bicycle collisions, the
city is planning to implement Bicycle Safety Programs at the K -8 schools and improve safe bicycle riding conditions on
Saratoga Roads.
The Office of Traffic Safety (OTS) uses a statewide collision ranking system to help establish funding priorities for
California cities. For comparison purposes all cities are assigned to one of the seven population categories. Cities of
similar population are compared to determine their vehicle fatal and injury collision rates "per- thousand population" and
"per- thousand -daily vehicle miles -of- travel In addition to a composite rate, separate rates are computed for the
following collision types: total fatal and injury, alcohol- involved, pedestrian- involved, bicycle involved, speed as the
primary collision factor, nighttime, and hit- and -run. Data from the Statewide Integrated Traffic Records System
(SWITRS) for non -CHP collisions is used to establish the rankings.
The city of Saratoga "per travel" ranking for hit- and -run fatal and injury collisions is 4 of
100 cities in its population category. This means 96 cities of similar size had a lower hit- and -run fatal and injury collision
rate.
4 of 100 identify the city with the highest collision rate.
100 of 100 identify the city with the lowest collision rate.
The city of Saratoga "per 1,000 population" ranking for alcohol- involved fatal and injury collisions is 3 of 100 cities in it's
population category. This means 97 cities of similar size had a lower alcohol- involved fatal and injury collision rate.
4 of 100 identify the city with the highest collision rate.
100 of 100 identify the city with the lowest collision rate.
OTS -38A (Rev 5/98)
Eyedin Zonobi. ALTRANS
SCHEDULE A
PROJECT No: PS9815
PROJECT DESCRIPTION PAGE 2
Saratoga's 1996 population was 28,000
100 cities in California have a population between 30,181 and 214,951.
Per 1000 Daily Per 1000
Vehicle Miles of Population
Travel
Total Fatal and Injury 41/100 38/100
Alcohol Involved 97/100 97/100
Pedestrian 93/100 94/100
Bicycle 28/100 27/100
Speed 13/100 13/100
Nighttime (9pm -3am) 45/100 47/100
hit- and -run 91/100 86/100
Composite* 42/100 40/100
*Average of all collision categories.
OTS uses a DUI Arrest Ranking system to determine DUI arrest rates for cities. The arrest rate is developed by dividing a
city's total number of DUI arrests by the city's estimated average number of licensed drivers for one year. The
Department of Justice provides DUI arrest data. Arrest totals do not include arrests made by CHP.
TOP TEN BICYCLE COLLISION INTERSECTIONS
January 1, 1997 to December 31, 1997
INTERSECTIONS Total Night Bike Bike 15
Rt 9 (Big Basin): N 3 3 2 1
Saratoga Sunnyvale Rd: Seagull Ave 2 2
Rt 9: Saratoga/Gatos Rd Sunnyvale Rd 2 2
Fruitvale Ave: Saratoga Ave 2 1 1
Baylor Ave: E. Quito Rd 2 1 1
Saratoga Sunnyvale Rd: Wardell 1 1
Saratoga Sunnyvale Rd: Verde Vista Ln 1 1
Saratoga Ave: George Whalen WV 1 1
Goleta Av: Seagull Way 1 1
Damon Ln: Teerlink Way 1 1
ATTEMPTS TO SOLVE THE PROBLEM: In the past, the city has tried to host sporadic bicycle rodeos and safety
programs at a few schools. In addition, a printed city map, showing bicycle routes, has been designed and made available
to residents.
PROJECT GOALS:
1. To reduce bicycle fatalities and injuries among children under the age of 15 by 50% from the calendar 1997 base year
total of 6 to 3 by September 30, 1999 and by an additional 33% from 3 to 2 by December 30, 1999.
2. To increase bicycle helmet compliance for children under the age of 15 by 22% from the 1997 -year base survey rate
of 70% to 90% by September 30, 1999, and by an additional 5% points from 90% to 95% by December 30, 1999.
OTS -38A (Rev 5/98)
Eyedin Zonobi. ALTRANS
SCHEDULE A
PROJECT No: PS9815
PROJECT DESCRIPTION PAGE 3
3. To install bicycle traffic and safety signs at critical intersections and roads, alerting motorists and bicyclists to up-
coming road conditions.
PROJECT OBJECTIVES:
1. To provide information and educational materials to the local media to increase community awareness of traffic
safety.
2. To present an average of 2 assemblies per quarter to include at least 7 Saratoga elementary school students through
December 30, 1999 reaching 2,500 pupils.
3. To conduct at least 5 bicycle rodeos by September 30, 1999, and an additional 2 bicycle rodeo by December 30, 1999
4. To conduct a press conference or media event by December 30, 1998, to kick -off or publicize the grant by December
15, 1998
METHOD OF PROCEDURE:
Phase I: Design Phase October 13, 1998 to January 15, 1999)
During this phase, we will design the presentation material, develop the execution team, and form a schedule. At the
conclusion of this phase, the team and the schools are expected to be ready for the bicycle training. The following
activities will be completed:
1. We will organize the bicycle safety material and prepare the visual aide and instructional material and instructional
methods for students in different grades.
2. We will also define responsibilities of the execution team. The team members will be trained on the subject and
briefed of their responsibilities.
3. A schedule will be developed for reaching all K -8 schools in the City of Saratoga. This effort will involve working
with the school officials in allocating space and time for each school for the training.
Phase II: Implementation Phase January 18 to December 30, 1999
1. The training team members will go to each school and conduct bicycle safety assemblies in K -8 schools. Each school
will be visited according to the schedule developed during Phase I.
2. Bicycle rodeos will be conducted one per school, on a Saturday morning or any other convenient school day, in
which trained instructors provide hands -on cycling safety education to participants. The goal of these tours is to train
cyclists on fundamental bike safety skills, and familiarize the students with potential hazards that they may face as the
ride to and from school each day.
3. The training team will distribute bicycle safety literature to increase public awareness.
4. The bicycle safety and traffic signage work will also complete during this phase. The signage efforts will include:
Big Basin/Saratoga Avenue/Saratoga -Los Gatos Road/Sunnyvale- Saratoga Road
Herriman Sunnyvale- Saratoga Road
Fruitvale Allendale
Saratoga Highway 85
City Limits Highway 9 from Los Gatos
Highway 9 from Congress Springs
Saratoga Avenue
Sunnyvale Saratoga Road
OTS -38A (Rev 5/98)
Eyedin Zonobi, ALTRANS
c
SCHEDULE A
PROJECT No: PS9815
PROJECT DESCRIPTION PAGE 4
Phase III: Community Involvement
We will prepare public information through flyers and public service announcements to coincide with the Saratoga K -12
Trip Reduction Program the bicycle safety program. Articles on the project goals, progress and bicycle safety will be
published in the Saratoga News, which is distributed to every household in the city on a monthly basis.
Phase IV: Data Collection and Analysis Phase January 1 to December 30, 1999
During this phase, we will gather and analyze statistical data and activity logs relating to the project goals and objectives
and incorporate them into quarterly reports. This phase may overlap other phases as it involves filing forms that need to be
submitted on quarterly basis.
METHOD OF EVALUATION
Using the data compiled in Phase III, the project manager will evaluate how well the project goals and objectives were
accomplished. The following questions will be addressed:
1. Where total bicycle fatality and injury collisions among children under the age of 15 decreased by 50% from the
calendar 1997 base year total of 6 to 3 by September 30, 1999 and by an additional 33% from 3 to 2 by December
30, 1999
2. Was bicycle helmet compliance for children under the age of 15 increased by 22% from the 1997 year base survey
rate of 70% to 90% by September 30, 1999, and by an additional 5% points from 90% to 95% by December 30,
1999
3. Were bicycle traffic and safety signs installed at critical intersections and roads?
4. Was the information and educational materials provided to the local media to increase community awareness of traffic
safety?
5. Was an average of 2 assemblies per quarter presented to include at least 7 Saratoga elementary school students
through December 30, 1999 reaching 2,500 pupils?
6. Were at least 5 bicycle rodeos conducted by September 30, 1999 and additional two rodeos by December 30. 19()9?
7. Was a press conference or media events conducted by December 30, 1998, to kick -off or publicize the grant by
December 15, 1998?
8. Was the project cost effective?
9. Were all activities outlined in the Method of Procedures performed in accordance with the project agreement?
STATEMENT OF INTENT:
The city of Saratoga has considered the operational costs of this program, and it is the intent of this community to
implement a Bicycle Safety Program developed by ALTRANS at its elementary and middle schools. The city intends to
absorb the entire cost of this program after the expiration date.
ADMINISTRATIVE SUPPORT:
Safety is of great importance in the City of Saratoga. Bicycle safety has become an issue of even greater importance since
we started the implementation of the K -12 Trip Reduction Program within the city, and several schools in Cupertino this
past year. City Council, staff and residents are very supportive of the Bicycle Safety Education Program. A City Council
resolution will be submitted in October 1998.
OTS -38A (Rev 5/98)
Eyedin Zonobi, ALTRANS
SCHEDULE A
PROJECT No: PS9815
PROJECT DESCRIPTION PAGE 5
AGENCY CONTRIBUTION:
Our agency will be contributing the cost of the labor to install the signs and any costs associated with the administration of
the contract for this project,
FY -1 FY -2
Public Works Dept.
Labor costs $2,500 $500
OTS -38A (Rev 5/98)
Eyedin Zonobi, ALTRANS
SCHEDULE B
PAGE 1
DETAILED BUDGET ESTIMATE
PROJECT NO. PS9815
FISCAL YEAR ESTIMATES
COST CATEGORY FY -1 FY -2 FY-3 FY-4 TOTAL COST
10/1/98 10/1/99 TO PROJECT
k :I "ERSONNEL a 4 9130/99 12/31/99
Positions And Salaries
(1) ALTRANS Bicycle Safety Instructor
9 months G $3,333.33 per month x 2096 6,000.00 6,000.00
3 months G $3,333.33 per month x 20% 2,000.00 2.000.00
1
(1) ALTRANS Bicycle Coordinator
9 months $2,916.67 per month x 10% 2,625.00 2,625.00
3 months ft $2,916.67 per month x 10% 875.00 875.00
total: 8,625.00 2,875.00 11,5170.00
Employee Benefits 12% 1,035.00 345.00 1,380.00
Category Sub -Total 9,660.00 3,220.00 12.880.00
V.TRAYEL 1 i :4ficz*.., ....if.';':.'^^""" w -."i 't7 ni?.: T C ic. *.i.
OTS Summit 1,000 1,000.00
Category Sub -Total 1,000.00 1,000.00
C.r..CONTRACTUAtsewicEs444 .8"" :7 t'.• `..t. `r ;4
Category Sub -Total
OTS-38d(Rev.10197)
SCHEDULE B
PAGE 2
DETAILED BUDGET ESTIMATE
PROJECT NO. PS9815
FISCAL YEAR ESTIMATES
COST CATEGORY FY -1 FY -2 FY-3 FY-4 TOTAL COST
10/1/98 10/1/99 TO PROJECT
1 EXPENQA PRROPER 9/30/99 12/31/99
Category Sub -Total
1E OTHERDIREGT:COSTS
Materials Assemblies+ Rodeos 3,620.00 3,620.00
Materials Signs 3,900.00 3,500.0
Category Sub -Total 7,120.00 7,120.00
F' -1NDI
Category Sub -Total
PROJECT TOTAL I 10,sso.00 10,340.00 I I s I 21,000.00
OTS-38d(Rev.10U97)
SCHEDULE B -1
PROJECT No: PS9815
BUDGET NARRATIVE PAGE 1
The City of Saratoga will need $21,000 to implement the bicycle safety education program. The funds will be
used as follows:
PERSONNEL COSTS $12,880
A team of 2 ALTRANS staff members will carry out the bicycle safety education activities: A certified Bicycle Safety
Instructor and a Bicycle Coordinator.
FY -1 FY -2
(1) ALTRANS Bicycle Safety Instructor $6,000 $2,000
(1) ALTRANS Bicycle Project Coordinator $2,625 $875
Employee Benefits 12% $1,035 $345
FY I FY -1 FY -2 FY -2
$6,000.00 $2,625.00 $2,000.00 $875.00
FICA 6.25% $375.00 $164.06 $125.00 $54.68
Medicare 1.45% $87.00 $38.06 $29.00 $12.69
FUTA 0.80% $48.00 $21.00 $16.00 $7.00
SUTA 3.40% $204.00 $89.25 $68.00 $29.75
ETT 0.10% $6.00 $2.63 $2.00 $0.88
TOTALS 12.00% $720.00 $315.00 $240.00 $105.00
$1,035.00 $345.00 $1,380.00
The City of Saratoga will absorb the cost of labor for installing bicycle traffic signs.
TRAVEL EXPENSE $1,000
This includes in state travel to OTS Summit and any other extra travel costs.
CONTRACTUAL SERVICES None
NON EXPENDABLE PROPERTY None
OTHER DIRECT COSTS $7,120
The city will spend $3,500 to purchase bicycle traffic signs.
ALTRANS will purchase the following:
OTS -38B -1 (Rev 5/98)
Eyedin Zonobi, ALTRANS
SCHEDULE B -1
UL.E
PROJECT No: PS9815
BUDGET NARRATIVE PAGE 2
2,000 Bicycle safety literatures by "From A to Z by Bike" 60 cents per book postage of 10 cents per book: $1,400
Cones, Ropes, Safety Vests, Bike Stand, Signs, Posters, misc. materials: $2,220
PROGRAM INCOME None
No program income will be generated from this project.
OTS -38B -1 (Rev 5/98)
Eyedin Zonobi, ALTRANS
STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY
ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS
OTS -33 (Rev 4/98) Page 1 of 2
ACCEPTANCE OF CONDITIONS
COMPANY ORGANIZATION NAME CITY OF SARATOGA, COMMUNITY ENVIRONMENT AGENCY
The following are included herein and constitute a part of this Agreement:
OTS -38 Page 1 Schedule B -1 Budget Narrative
Schedule A Project Description Schedule C Quarterly Evaluation Data
Schedule A -1 Administrative Support Contribution OTS -33 Acceptance of Conditions and Certifications
Schedule B Detailed Budget Estimate STD. 21 Drug -Free Workplace Certification
I. TERMS AND CONDITIONS
It is understood and agreed by the Project Director and Authorizing Official that any grant received as a result of this Agreement is subject to all
federal and state regulations governing grants and to those controls expressed in the California Traffic Grant Program Manuals which include, but are
not limited to:
(a) Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project Director to the Office of Traffic Safety by
January 31, April 30, July 31, and October 31, during each year of project operation;
(b) OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a grantee
fails to comply with any term or condition of the grant contract or program guidelines (Volume II, Chapter 3.9). This may include, but is
not limited to, the following:
Failure to submit acceptable and timely reimbursement claims;
Failure to submit acceptable and timely quarterly performance reports; and
Failure to submit an acceptable and timely Schedule C (Quarterly Evaluation Data (OTS -38g)
(c) If, during the term of the grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the
grant award upon written notice to the project director.
(d) By October 31, "continuing" projects must submit a September 30 claim and a written justification to support carrying forward prior
year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of prior year unexpended
funds, submitted after November 30, will not be processed. The prior claim (i.e., June 30) will be considered the year -end claim in order to
close out the federal fiscal year ending September 30. In addition, prior year unexpended funds will be deobligated and allocated to new
projects.
(e) All documentation required to request a project revision (i.e., time extensions, budget category changes, and etc.) must be submitted to
OTS prior to the effective date of change(s). For example: OTS will not consider a request for a grant period time extension unless all
necessary paperwork is submitted prior to the existing grant termination date. Prior approval is required for all project revisions
(Volume II, Chapter 3.8).
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
GENERAL CERTIFICATIONS
H. EQUAL OPPORTUNITY ASSURANCE
Pursuant to the requirements of Title VI provisions of the Civil Rights Act of 1964, the certifying applicant acting through its chief
administrative officer, desiring to avail itself of the benefits of Chapter 1, Title 23, United States Code, and as a condition to obtaining the approval
of the Secretary of Transportation and Governor of California of any highway safety projects as provided for in Title 23, United States Code, Section
105(a), hereby gives its assurance that all provisions of Equal Opportunity Assurance with regard to the Highway Safety Program will be
complied with fully.
M. MINORITY AND WOMEN BUSINESS ENTERPRISE
(a) "Policy. It is the policy of the Office of Traffic Safety and the certifying applicant that minority and women business enterprises as defined in
49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently, the MWBE requirements of 49 CFR Part 23 apply to this agreement."
(b) "MWBE Obligation. The certifying applicant or its contractor agrees to ensure that minority and women business enterprises as defined in 49
CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement. In this regard the certifying applicant and all contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to ensure that minority and women business enterprises have the maximum opportunity to compete
for and perform contracts. The certifying applicant and its contractors shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of DOT assisted contracts."
IV. SECTION 504. REHABILITATION ACT OF 1973
Pursuant to Section 504 of the Rehabilitation Act of 1973, no qualified handicapped person shall, because of a certifying applicant's
facilities are inaccessible to or unusable by, handicapped persons, be denied the benefits of, be excluded from participation in, or
otherwise be subjected to discrimination under any program or activity funded under the Highway Safety Act of 1966 (U.S. Code, Title
Section 23, Section 402 et. seq.).
Page 2 of 2
V. HATCH ACT
All employees of this certifying applicant whose principal employment is in connection with any Highway Safety Project financed in whole or
in part by loans or grants under the Highway Safety Act of 1966 have been made aware of the provisions of Section 12(a) of the Hatch Act [5.U.S.C.
118k(a)]
VI. NON DUPLICATION OF GRANT FUND EXPENDITURE
The certifying applicant has no ongoing or completed projects under agreement with TOPICS, CCCJ (LEAA), HEW, or other Federal fund
sources, which duplicate or overlap any work contemplated or described in this Traffic Safety Project.
It is further agreed that any pending or proposed request for other Federal grant funds which would duplicate or overlap work under this Traffic
Safety Project, will be revised to exclude any such duplication of grant fund expenditures.
It is understood that any such duplication of Federal fund expenditures subsequently determined by audit will be subject to recovery by the Office
of Traffic Safety.
VII. LOBBYING RESTRICTIONS
The undersigned certifies, to the best of his or her knowledge and belief, that
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers
{including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
VIII. RECYCLING
At intervals designated by the State, contractor shall certify in writing, under penalty of perjury, the minimum, if not exact, percentage of recycled
content of materials, goods or supplies offered or products used in the performance of the contract, pursuant to the requirements of Public Contract
Code Section 10223. Contractor may certify that the product contains zero recycled content. Definitions of recycled content are contained in Public
Contract Code Sections 12161 and 12200.
CERTIFICATION
We, the officials named below, hereby swear that we are duly authorized legally, to bind the contractor or grant recipient to the above described conditions
and certifications. Executed on the date and in the county below, and is made under penalty of perjury under the laws of the State of California.
PROJECT DIRECTOR'S NAME IRENE JACOBS
DATE EXECUTED I0 1 G� EXECUTED IN THE COUNTY OF
v l Santa Clara, CA
PROJECT DIRECTOR'S SIGNATURE
TITLE SENIOR ADMINISTRATIVE ANALYS
AUTHORIZING OFFICIAL'S NAME LARRY PERLIN
DATE EXECUTED I EXECUTED IN THE COUNTY OF
D r q V Santa Clara, CA
AUTHORIZING OFFICIAL 'S SIGNATURE
0
TITLE CITY MANAGER
State of California
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (New 11 -90)
COMPANY /ORGANIZATION NAME CITY OF SARATOGA
The contractor or grant named above hereby certifies compliance with Government Code Section 8355 in
matters relating to providing a drug -free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession,
or use of a controlled substance is prohibited and specifying actions to be taken against employees for
violations, as required by government Code Section 8355(a).
2. Establish a Drug -Free Awareness Program as required by government Code Section 8355(b), to inform
employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) Any available counseling, rehabilitation and employee assistance programs, and
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355 (c), that every employee who works on the
proposed contract or grant:
(a) Will receive a copy of the company's drug -free policy statement, and
(b) will agree to abide by the terms of the company's statement as a condition of employment on the
contract or grant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient
to the above described certification. I am fully aware that this certification, executed on the date and in the county
below, is made under penalty of perjury under the laws of the State of California.
OFFICIAL'S NAME LARRY PERLIN
DATE EXECUTED EXECUTED IN THE COUNTY OF
/0 1 C f 0 Santa Oar
CONTRACTOR OR GRANT RECIPIENT SIGNATURE
al a
TITLE CITY MANAGER
FEDERAL I.D. NUMBER
946030039
6/05/1998 REPORT 7. COLLISIONS INVOLVING BICYCLISTS LOCATION DETAILS AND VICTIM DATA NCIC CA43111 PAGE 3
CUMULATIVE 01/01/1997 THRU 12/31/1997
MARY ROAD DATE TINE DAY PRIMARY PARTY AT FAULT VICTIMS V I C T I M D A T A
ST DIR SECONDARY ROAD MO /DY /YR CLSN FACTOR TYPE •SDP1 SDP2 KLD INJ TYPE EXT OF INJ AGE SEX
ENDALE AV
I FRUITVALE AV 05/31/1997 1930 SAT IMPROP TURN BICY HNBD 1 BICY OTHER VIS 43 M
TIN WY
6 W SRGTA /LOS GATOS RD 04/01/1997 1829 TUE R -O -W AUTO DRVR HNBD 1 BICY OTHER VIS 43 F
'LOR AV
2 E QUITO RD 09/10/1997 1840 WED STOP SGNiSIG DRVR HNBD 2 PASS SEVERE INJ 4) M
BICY OTHER VIS 37 H
BASIN
64 N 3 02/23/1997 1318 SUN OTHER HAZ DRVR HNBD 1 BICY OTHER VIS 29 F
IEMAR DR
I SCOTLAND DR 06/02/1997 1526 MON OTHER Hill BICY HNBD 1 BICY OTHER VIS 60) F
iON LN
I TEERLINK WY 09/22/1997 1930 MON 1 BICY SEVERE INJ 43
JITVALE AV
30 N MONTAUK DR 10/24/1997 0830 FRI IMPROP DRVNG BICY HNBD
JITVALE AV
I SARATOGA AV 10/21/1997 1407 TUE IMPROP TURN DRVR HNBD 11 BICY OTHER VIS 29 M
UITVALE AV
80 S SARATOGA AV 10/03/1997 1535 FRI IMPROP TURN BICY HNBD 1, BICY OTHER VIS "_12 M
LETA AV
389 W SEAGULL WY 10/23/1997 1430 THU R -O -W AUTO BICY IMPU 1 BICY OTHER VIS (67) F
ERCE RD
380 N TERLINK WY 04/06/1997 1600 SUN NOT DRIVER 1 BICY OTHER VIS 54 M
360 W SARATOGA /GATOS RD 12/30/1997 1350 TUE OTHER HA= DRVR HNBD (0 BICY OTHER VIS 46 M
9
30 W SARATOGA /SNYVL RD 08/12/1997 1010 TUE TOO CLOSE BICY HNBD 1) BICY COMP PAIN 20 M
1 6/05/1998 REPORT 4. MOTORCYCLE, MOPED, BICYCLE, AND PEDESTRIAN COLLISIONS AND VICTIMS BY HOUR OF DAY NCIC CA4310 PAGE 2
CUMULATIVE 01/01/1997 THRU 12/31/1997
PERIOD *M O T O R C Y C L E M O P E D B I C Y C L E P E D E S T R I A N
COLLISIONS VICTIMS COLLISIONS VICTIMS *..COLLISIONS VICTIMS COLLISIONS VICTIMS
FAT INJ POO KLD INJ FAT INJ PDO KLD INJ FAT INJ PDO KLD INJ FAT INJ P00 KLD INJ
-0069 1 1
0169
-0269
-0359
-0459
0659
0659
-0759 1 1
0859 1 1 1 1 1 1 1
0959
1
1 -1059 1 2 2 1 1
1 -1169 2 2 1 1
1 -1259 1 1 1 1
-1359 1 2 2
1459. 2 2 1 1
i -1559
3 (2) (1r",_ 4 1
1 -1659 2 2
-1759 3 6 y- `y, G --c sCI. m1
-1859 2 3
-1959 1 1
-2059 I
1 -2159
-2259
i -2369
TOWN
ITAL 6 2 9 19 1 20 6 1
6/05/1998 REPORT 7. COLLISIONS INVOLVING BICYCLISTS LOCATION DETAILS AND VICTIM DATA NCIC CA4310 PAGE 2
CUMULATIVE 01/01/1997 THRU 12/31/1997
MARY ROAD DATE TINE DAY PRIMARY PARTY, AT FAULT VICTIMS V I C T I M 0 A T A
ST DIR SECONDARY ROAD NO /DY /YR CLSN FACTOR TYPE •SDP1 SDP2 KLD INJ TYPE EXT OF INJ AGE SEX
9
50 N 3 07/29/1997 1660 TUE IMPROP DRVNG BICY 1 BICY OTHER VIS 37 F
9
81 N 3 08/17/1997 1110 SUN WRONG SIDE BICY HNBD 1 BICY OTHER VIS (7)M
ATOGA AV
20 N GEORGE WHALEN NY 09/23/1997 0800 TUE WRONG SIDE BICY HNBD 1 BICY COMP PAIN (1
ATOGA SNNYVL RD
I SEAGULL WY 10/31/1997 1646 FRI LANE CHANGE DRVR HNBD 1 BICY OTHER. VIS 63 M
ATOGA /SNNYVL RD
I SEAGULL AV 09/27/1997 1028 SAT R -O -N AUTO DRVR HNBD 1 BICY SEVERE INJ 42 M
'GA /SUNNYVALE RD
I VERDE VISTA IN 01/22/1997 1230 WED WRONG SIDE BICY HNBD 1 BICY OTHER VIS 22 F
(DELL
2 E SARATOGA /SNNYVL RD 08/22/1997 1116 SUN IMPROP TURN BICY HNBD 1 BICY COMP PAIN 32 M
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3()4:0 AGENDA ITEM S S
MEETING DATE: OCTOBER 21, 1998 CITY MGR.: /M/.
ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: `al V
SUBJECT: Annual Concrete Repair Project Award of Construction Contract
Recommended Motion(s):
1. Move to declare Golden Bay Construction, Inc. of San Carlos to be the lowest responsible bidder
on the project.
2. Move to award a construction contract to Golden Bay Construction, Inc. in the amount of
$80,953.50.
3. Move to authorize staff to execute change orders to the contract up to $8,000.
Report Summary:
Sealed bids for the Annual Concrete Repair Project were opened on October 15. A total of five
contractors submitted bids and a summary of the bids received is attached (Attachment 1). Golden Bay
Construction Inc. of San Carlos submitted the lowest bid of $80,953.50 which is 4.8% below the
Engineer's Estimate of $85,000. Staff has carefully checked the bid along with the listed references and
has determined that the bid is responsive to the Notice Inviting Sealed Bids dated September 23.
It is therefore recommended that the Council declare Golden Bay Construction Inc. 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 during the course of the work.
Fiscal Impacts:
Funding for this work is programmed in the adopted budget in Activity 3010 (Sidewalks and Trails)
Account No. 4014 (Repair Services) and Activity 3005 (Street Maintenance) Account No. 4010
(Contract Services). The adopted budget contains sufficient funds to cover the contract and
recommended change order amounts.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
Golden Bay Construction Inc. will not be declared the lowest responsible bidder and a construction
Y p
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.
Follow Up Actions:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will most
likely begin in November and last through the end of December.
Attachments:
1. Bid Summary.
2. Construction Contract.
I
CITY OF SARATOGA
BID SUMMARY: ANNUAL CONCRETE REPAIR PROJECT
BID OPENING DATE: OCTOBER 16, 1998
ENGINEER'S ESTIMATE GOLDEN BAY CONSTRUCTION, INC AJ VASCONI J.J.R. CONSTRUCTION, INC. GEORGE BIANCHI CONST, INC. VARGAS ESQUIVEL CONST. INC.
ITEM B ITEM DESCRIPTION
QUANTITY UNITS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1. REMOVE AND REPLACE P.C.C. CURB 226 LF $30.00 $8,750.00 $2900 $8,52530 $35.00 $7,875.00 $32.00 $0.00 $3730 $8,325.00 $2830 $8,30030
AND GUTTER (V-24)
2. REMOVE AND REPLACE P.C.C. CURB 326 LF $30.00 $9,760.00 $29.00 $9,42530 $42.00 $13360.00 $39.00 $0.00 $41.50 $13,487 $3400 $11,050.00
AND GUTTER (ROLLED)
3. REMOVE AND REPLACE P.C.C. 1,250 SF $10.00 $12,500.00 $7.75 $9387.50 $360 $11375.00 $9.00 $0.00 $10.80 $13,250.00 $7.00 $8,760.00
SIDEWALK
4. MODIFY DRAIN INLET (OFFSET) 9 EA $2,500.00 $22,500.00 $2,615.00 $22,835.00 $1,875.00 $16,076.00 $2,600.00 $0.00 $4,777.00 $42,993.00 $1,600.00. $14,400.00
5. MODIFY DRAIN INLET (STANDARD) 11 EA $1,500.00 $18,500.00 $2,085.00 $22,935.00 $2,100.00 $23,100.00 $2,500.00 $0.00 $4,434.00 $48,774.00 $1,300.00 514,300.00
8. MODIFY P.C.C. SWALE 1 LS WA $7,000.00 WA $3,880.00 WA $4,875.00 WA $4,500.00 WA $9,222.00 WA NO BID
7. CONSTRUCT P.C.C. VEHICLE PULLOUT 1 LS N/A $10,000.00 WA $8,088.00 WA $8,750.00 WA $8,500.00 WA $4,997.00 WA NO BID
BID
TOTAL $85,000.00 $80,953.50 $85,000.00 $11,000.00 $141,048.60 INCOMPLETE
CITY OF SARATOGA
SANTA CLARA COUNTY, CALIFORNIA
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
ANNUAL CONCRETE REPAIR PROJECT
THIS CONTRACT, made this 21st day of October, 1998, by and between
the City of Saratoga, a Municipal Corporation, in Santa Clara
County, California, hereinafter called the City, and
Golden Bay Construction, Inc.
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.
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 7. Labor and Material Bond
2. Bid Proposal 8. Plans
3. Bidder's Bond or Bid Guaranty 9. Specifications
4. Contract for Public Works 10. Insurance Certificates
Construction 11. Prevailing Wage Rates
5. Hold Harmless Clause 12. City of Saratoga DBE
6. Performance Bond Requirements
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.
AWARDED BY CITY COUNCIL: CITY OF SARATOGA:
Date: October 21, 1998
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
T A CITY SARA OG C COUNC IL
EXECUTIVE SUMMARY NO. AGENDA ITEM Yg it ,A
MEETING DATE: OCTOBER 21, 1998 CITY MGR: /I► ei
ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: )01)"
SUBJECT: Civic Theater Lighting System Award of Construction Contract
Recommended Motion(s):
1. Move to declare Schindler Electric, Inc. of San Jose to be the lowest responsible bidder on the
project.
2. Move to award a construction contract to Schindler Electric, Inc. in the amount of $87,900.
3. Move to authorize staff to execute change orders to the contract up to $8,000.
Report Summary:
Sealed bids for the Civic Theater Lighting System retrofit project were opened on October 15. A total
of three contractors submitted bids and a summary of the bids received is attached (Attachment 1).
Schindler Electric, Inc. of San Jose submitted the lowest bid of $87,900 which is 17.2% above the
Engineer's Estimate of $75,000. Staff has carefully checked the bid along with the listed references and
has determined that the bid is responsive to the Notice Inviting Sealed Bids dated September 23.
Although the low bid amount exceeds what is budgeted for this project, staff recommends that the
Council accept the bid and award a construction contract for this work. This is because the Civic
Theater is vacant only once each year, from approximately Thanksgiving until just after the new year,
and if the upcoming window of opportunity is missed, the project would need to be shelved again for
another year. Given that this is the second time that this project has been put out to bid, and the
current low bid amount is only slightly less than the low bid submitted last year ($90,000), staff has no
reason to believe that a significantly lower bid would be received next year if the project were again
placed on hold. Furthermore, there is a compelling need to complete this project at this time as the
existing lighting system in the Theater, which dates to when the facility was originally built in 1964, is
becoming increasingly troublesome to operate and maintain. Replacement parts are no longer available
and the potential for a major system malfunction increases with each Theater performance. If this were
to occur, it would likely result in significant problems for the particular drama group occupying the
Theater at that time, possibly requiring the cancellation of several performances, a reduction in
revenues, and a corresponding reduction in the Ticket surcharge paid to the City.
The proposed lighting system design is an automated system that will allow each of the drama groups
which use the Theater to create customized lighting designs for each of their performances.
Additionally, a specific lighting arrangement for City Council and Planning Commission meetings can
be programmed into the system to improve the comfort and appearance of these meetings as well. The
nature of the proposed system does not lend itself to modifications to reduce costs. To accomplish that
would necessitate a completely new design which, in the long run, would be less desirable than the
proposed design. Also, the additional design fees required might offset any reduction in cost. Saratoga
Drama Group, representing the Theater users, is very pleased with the proposed design. The new
lighting system will enhance the quality of their performances, be easier to use, and reduce long term
operating and maintenance expenses for both the drama groups and the City.
It is therefore recommended that the Council declare Schindler Electric, Inc. 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 or
modifications which may arise or become necessary during the course of the work.
Fiscal Impacts:
The adopted budget contains $75,000 in Activity 6015 (Civic Theater Surcharge Improvements),
Account 6002 (Improvements Buildings). The additional funds needed to cover the base contract
amount and recommended charge order authority can be found in Activity 1060 (Facilities
Maintenance), Account 4010 (Contract Services). In the latter account, $60,000 is budgeted for the
Civic Theater HVAC system repairs. At this time however, the extent of these repairs is unknown and
it is likely that only a portion of these funds will be needed this fiscal year to retain the services of a
consultant to assess the condition of the HVAC system and to develop recommendations.
Implementation of any such recommendations would then occur in FY 1999 -2000.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
Schindler Electric, Inc. 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
again next year.
Follow Up Actions:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
proceed and finish between November 29 and January 10, the window of time when the theater will be
vacant.
Attachments:
1. Bid Summary.
2. Construction Contract.
CITY OF SARATOGA
BID SUMMARY: CIVIC THEATER LIGHTING SYSTEM
BID OPENING DATE: OCTOBER 15, 1998
ENGINEER'S ESTIMATE SCHINDLER ELECTRIC, INC. GENERAL LIGHTING SERVIVE, INC. DC SOUSA ELECTRIC
ITEM ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1. INSTALL LIGHTING SYSTEM PER PLANS 1 LS N/A $75,000.00 N/A $87,900.00 N/A $106,620.00 N/A $131,000.00
TOTAL $75,000.00 $87,900.00 $106,620.00 $131,000.00
ICI
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 300 AGENDA HEM 5 141
MEETING DATE: OCTOBER 21, 1998 CITY MGR:
ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: V
SUBJECT: Final Map Approval for Tract No. 9101 (5 lots at 13480 Saratoga Avenue), Owner:
Fitzsimmons/Yamaoka Development.
Recommended Motion(s):
1. Move to adopt Resolution No. SD 98 -001 granting final map approval of Tentative Map
Application No. SD 98 -001 for five lots at 13480 Saratoga Avenue.
2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement.
Report Summary:
Attached is Resolution No. SD 98 -001 which, if adopted, will grant final map approval for five
lots located at 13480 Saratoga 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 98- 001, 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 $20,648.75 in Engineering Fees, $37,260 in Park Development Fees, and
$500 towards future slurry seal 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 98 -001 granting final map approval.
4. Subdivision Improvement Agreement.
5. Planning Commission Resolution No. SD 98 -001 approving the tentative map with conditions.
RESOLUTION NO. SD 98 -001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD 98 -001
13480 SARATOGA AVENUE (FITZSIMMONS YAMAOKA DEVELOPMENT)
The City Council of the City of Saratoga hereby resolves as
follows:
SECTION 1: Lots 1 5 as shown on that certain map of Tract No.
9101, prepared by Civil Engineering Associates dated
August, 1998, and filed with the City Clerk of the
City of Saratoga on October 21, 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 4th day of
NnvPmhPr 19g8 by the following vote:
AYES: Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe
NOES: None
ABSENT None
ABSTAIN: None
Mayor
ATTEST:
43-6, leputy City Clerk
ITEM 5
REPORT TO THE PLANNING COMMISSION
Applicant No./Location: SD -98 -001; 13480 Saratoga Avenue
Applicant /Owner: FITZSIMMONS
Staff Planner: Heather Bradley
Date: May 27, 1998
APN: 389 003 Department Head:
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GRAPHIC SCALE NOTES LEGEND TRACT NO 9101
I. ALL DIMENSIONS SHOWN HEREON ARE IN EET AND
DECIMALS THEREOF. DISTINCTIVE BORDER
CENTERLINE CONSISTING OF TWO (2) SHEETS
W FEET 1 2. THE AREA WITHIN THE OIS PNCTIVE BORDER 5.24 ACRES.
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.AGE 368 OF OFFICIAL RECORDS FOR ;N AND OF MAPS, AT
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EASEMENT IS NOT DEFINED OF RECORD MTH TAG R.C.E. 3195A SANTA CLARA COUNTY CALIFO
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MONUMENT PER CITY OF SARA TOG:. STAND ADDS S''EET
NAIL FOUND (AS NOTED) SCALE, r DATE, AUGUST 1998
BASIS OF BEARINGS R.S.E. PuBLIC SERVICE EASEMENT Civil Engineering Associates
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BO NNI E WA A „N s
1
CONTRACT FOR THE IMPROVEMENT OF SD 98 -001
AGREEMENT, made and entered into this 5TH day of October
1998, by and between the CITY OF SARATOGA, a Municipal
corporation of the State of California, hereinafter called
"City and L C BUILDING COMPANY, INC. 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 13480 Saratoga Avenue
situated in the City of Saratoga, County of Santa Clara, State of
California; and
WHEREAS, a final map of SD 98 -001 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 Civil Engineering Associates 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
3
bond or bonds, money or negotiable bonds, in form to be approved by
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
13,200.00 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 132,000.00 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 One Hundred Thirty
Two Thousand Dollars($ 132,000.00
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
4
resulting from any of the above said acts or omissions of
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
5
($100,000.00) for each accident or occurrence and property damage
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 Ten Thousand Nine Hundred Twenty
Dollars 10,920.00) to be applied by City to the payment of
6
expenses to be incurred by City for engineering and inspection
services to be 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:
Sub ivi der, L C BUILDING COMPANY,
L a r ry YY aoka, President INC.
ANN
ANN V. FITZS ANS
(Owner, if different from
Subdivider)
Jos h J. Fitzsimmons
(Owner, if different. from
Subdivider)
RESOLUTION NO. SD -98 -001
RESOLUTION APPROVING TENTATIVE MAP OF
Fitzsimmons/ Yamaoka Development; 13480 Saratoga 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
Tentative Map approval of five (5) lots, all as more particularly set forth in File No. SD -98 -001 of
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 are
compatible with the objectives, policies and general land use and programs specified in such
General Plan, reference to the staff report dated May 27, 1998 being hereby made for further
particulars; and
WHEREAS, this body has heretofore received and considered the environmental Negative
Declaration prepared for this project in accord with the currently applicable provisions of CEQA;
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 tentative approval should be granted
in accord with conditions as hereinafter set forth; 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.
NOW, THEREFORE, BE IT RESOLVED that the Tentative Map for the hereinafter
described subdivision, which map is dated January 1998 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:
Completed by Surveyor. 1. Prior to submittal of a Final Map to the City Engineer for examination, the owner
(applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an
authorized Civil Engineer. The submitted map shall show the existence of a monument at
all external property corner locations, either found or set. The submitted map shall also
show monuments set at each new corner location, angle point, or as directed by the City
Engineer, all in conformity with the Subdivision Map Act and the Professional Land
Surveyors Act.
Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial
conformance 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 examination
The Final Map shall contain all of the information required by Section 14- 40.030 of t'
Municipal Code and shall be accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days of
submittal of the Final Map.
c. One copy of each map referenced on the Final Map.
d. One copy of each document/deed referenced on the Final Map.
File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development
e. One copy of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the City Engineer.
Fees Paid. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer. at
the time of submittal of the Final Map for examination.
Bond Posted. 4. Interior monuments shall be set at each lot corner either prior to recordation of a Final Map
or some later date to be specified on a Final Map. If the owner (applicant) chooses to defer
the setting of interior monuments to a specified later date, then sufficient security as
determined by the City Engineer shall be furnished prior to Final Map approval, to
guarantee the setting of interior monuments.
All easements offered 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required
on Final Map. easements and/or rights of way on the Final Map, in substantial conformance with the
on approved Tentative Map, prior to Final Map approval.
Plans submitted and 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer in
approved. conformance with the approved Tentative Map and in accordance with the design and
improvement requirements of Chapter 14 of the Municipal Code. The improvement plans
shall be reviewed and approved by the City Engineer and the appropriate officials from
other public agencies having jurisdictional authority, including public and private utility
providers, prior to approval of the Final Map.
Appropriate traffic control signs shall be included in the improvement plans for the
purposes of limiting subdivision ingress and egress to right turns only
Fees Paid. 7. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement Plans are submitted for
review.
Agreement signed. 8 The owner (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. 9. The owner (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.
Insurance provided. 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance
coverage, in accordance with Section 14- 05.055 of the Municipal Code, prior to Final Map
approval.
All Ut i l i ty commitments 11. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with
satisfactory written commitments from all public and private utility providers serving the
provided. subdivision guaranteeing the completion of all required utility improvements.
All permits obtained. 12. The owner (applicant) shall secure all necessary permits from the City and any other public
agencies, including public and private utility providers, prior to commencement of
subdivision improvement construction. Copies of permits other than those issued by the
City shall be provided to the Associate City Engineer.
Complete. 13. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the
Regional Water Quality Control. Board to obtain coverage under the State General
File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development
Construction Activity NPDES Permit. Satisfactory evidence of the filing of NOI shall be
furnished to the Associate City Engineer.
Fees Paid. 14. The owner (applicant) shall pay $500.00 toward the future slurry seal of the new street
created by the subdivision prior to Final Map approval.
Acknowledged. 15. The owner (applicant) shall underground all existing overhead utilities along the frontage of
the subdivision.
Fees Paid. 16. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to
Final Map approval.
Acknowledged. 17. All public and private improvements required for the project shall be completed and
accepted for construction by the City Engineer, Planning Director, and/or the appropriate
officials from other public agencies, including public and private utility providers, prior to
issuance of building permits for any of the lots.
Acknotzdiedged 18. All building and construction related activities shall adhere to New Development and
Construction Best Management Practices as adopted by the City for the purpose of
preventing storm water pollution.
Acknowledged. 19. Notice of construction shall be distributed to all residents within 500 ft. of the property at
least five calendar days prior to commencement of construction in such form as determined
by the City Engineer. The applicant (owner) shall reimburse the City the full cost of
providing such notice prior to receiving approval from the City Engineer to commence
work on the project.
Acknowledged. 20. All requirements of the West Valley Sanitation District, San Jose Water Company, County
Environmental Health Division, and the Santa Clara Valley Water District shall be met.
Acknowledged. 21. The owner (applicant) shall install one (I) fire hydrant that meets the Saratoga Fire District's
specifications. Pursuant to the applicable Uniform Fire code. The hydrant shall be located
within 500 feet from the residence and deliver no less than 1000 gallons per minute of water
for a sustained period of two hours.
Acknowledged. 22. Future development of Lots 1 through 5 shall require Design Review approval. Building
sites shall be consistent with the approved building envelopes and based on current Zoning
Ordinance regulations and City policy. The location of any structures on Lots 1 -5 shall
maximize tree preservation.
Acknowledged. 23. Home designs for Lots 1 through 5 shall be limited to single -story not to exceed 22 feet in
height from natural grade.
Acknowledged. 24. Design Review approvals shall only be granted upon finding that the proposed structure is
compatible in terms of scale and design with the existing adjacent residences, that it is in
conformance with the City's Residential Design Guidelines and that all of the necessary
Design Review findings can be made.
Acknowledged. 25. No grading or building pad improvement work shall take place on the individual lots until
Design Review applications have been reviewed and approved by the Planning
Commission.
Acknowledged. 26. The design of the proposed fence along Saratoga Avenue shall be modified to continue the
File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development
identical design of the existing fence of the development to the right known as Kerwin
Ranch.
Complete and 27. Pursuant to the City Arborist's report dated March 13, 1998, all tree preservation
requirements shall be met, prior to Final Map approval, including but not limited to:
a. A project arborist certified by the International Society of Aboriculture shall be
retained by the developer to (1) assist with the planning of all demolition that will
occur within 10 feet of the dripline of any tree; (2) to provide on site supervision
during demolition for the purpose of prevention or minimizing damage to trees that
will be retained and (3) provide written progress reports to the City of these
planning and supervision functions as they occur
b. The storm drain parallel with the proposed boundary on Lot 2 shall be relocated
toward the south (per the City Arborist's note on plan) by a minimum of 10 linear
feet or a minimum of 30 feet from the trunk of tree #16.
c. the proposed storm drain which parallels the east side boundary line shall be
relocated to the west by 20 linear feet in order to preserve trees 5,6,7,8,9,10 and 11.
d. No grading or excavation shall occur within 20 feet of the trunk of tree #22.
e. Tree #27 shall be pruned to thin the crown and to reduce the end weight,
particularly of horizontally inclined branches on the west side.
f. Tree protective fencing shall be installed to protect retained trees from branch
breakage and root damage. Fencing must be located at a radius of 10 times the
trunk diameter. For those trees in which demolition will occur inside this protected
area, the protective fence must be installed to provide the maximum protection
feasible during demolition and relocated to the full extent immediately following
demolition. Thus, it will likely be supervised by the project arborist. The fence
must be chainlink, a minimum height of five feet, mounted on steel posts driven two
feet into the ground. The fence must be in place prior to the arrival of demolition
materials or equipment and must remain in place until the completion of all
construction.
g. Grading trenching and excavations shall be avoided within the protected zone (a
radius of ten times the trunk diameter) unless approved in writing by this office.
h. Tree #1 shall be removed due to its hazardous condition. Two 24" -box native trees
shall be planted as replacement for removal of this tree, and can be incorporated into
the required landscaping of future home plans.
Security provided. 28. The owner (applicant) shall submit to the City, in a form acceptable to the Planning
Director, security in the amount of $14,632.00 (equivalent to 30% of total value of
exceptional specimens and 25% of total value of fine specimens) pursuant to the report and
recommendation by the City Arborist to guarantee the installation, replacement,
maintenance, and/or preservation of trees on the subject site. This security deposit shall be
released at the time of construction acceptance upon the City Arborist's finding that all tree
protection measures have been adequately followed.
Acknowledged. 29. Subdivision 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 the public safety. The
File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development
City Engineer may grant an exemption upon his/her determination of an emergency. No
construction work shall be permitted on legal holidays.
Acknowledged. 30. The owner (applicant) shall, upon the City's request, defend. indemnify and hold the City
and its officers, officials, boards, commissions, employees and volunteers harmless from
and against any claim, action or proceeding to attack, set aside, void or annul this approval,
or any of the proceedings, acts or determinations taken, done or made prior to such
approval, which is brought within the time specified in Sec. 14- 85.060 of the Municipal
Code. If a defense is requested, the City shall give prompt notice to the applicant of any
such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing
herein shall prevent the City from participating in the defense, but in such event, the City
shall pay its own attorney's fees and costs.
Acknowledged. 31. 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 must be completed within twenty-four (24) months or approval will
expire.
Section 2. All applicable requirements of the State, County, City and other Governmental
entities must 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 27 day of May, 1998, by the following vote:
AYES: Commissioners Bernald, Kaplan, Murakami, and Chair Pierce
NOES: None
ABSENT: Commissioners Martlage, Patrick
C r, Planning Conunid, n
t ATTEST:
a l
Se tary, Pl Commission
II
04 SA RA 7(1 Ca O
CDO O A'D A N om`-'/ A
nette3 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200
COUNCIL MEMBERS:
Stan Bogosian
Paul E. Jacobs
Gillian Moran
Jim Shaw
MEMORANDUM Donald L.Wolfe
TO: Mayor and City Council
FROM: Heather Bradley, Associate Planner 1.J
DATE: November 4, 1998
SUBJECT: Final Map Approval of Tract 9101- Fitzsimmons Subdivision
DESCRIPTION
At the meeting of October 21, 1998 Council Member Moran withdrew the Fitzsimmons slmmons Final Map
from the City Council Agenda Consent Calendar in order to allow two neighboring property owners
the opportunity to address the Council with concerns regarding tree preservation. The item was
then continued to the next available City Council meeting so that staff could address the issues that
were raised.
DISCUSSION
The Planning Commission reviewed and approved the Tentative Map on May 27, 1998. The
City Arborist also reviewed the map and gave monetary values to all of the trees on site, while
commenting on specific trees that would be impacted by roadway improvements and trenching
for public utility improvements. This is typical of subdivision level review by the, City Arborist.
Once plans for each individual residence are submitted for review and approval the City Arborist
will be asked to report on the potential impacts to trees on a lot specific basis. It is a condition of
the Tentative, Map approval that no grading or building pad improvement work take place on the
individual lots until Design Review application s for the homes are approved. Therefore, no trees
are approved for removal except those that are within the approved cul -de -sac. Additional
conditions were placed on the Tentative Map approval requiring that the trenches for public
improvements (for such things as storm drains and sewers) be located away from and out of the
driplines of existing trees.
During the demolition phase of the construction process it may be necessary to prune or even_
remove, a few trees, however the. Arborist has clearly specified the means in which the affected
trees should be fenced and protected during this phase of construction. It was further a condition
of Tentative Map approval that an ISA certified Arborist be retained by the developer and be
onsite during demolition activity to ensure that trees are not unnecessarily damaged during
demolition.
Printed on recycled paper.
5
In response to neighbors concern that the shrubs adjacent to the property line be retained, that
decision is at the discretion of the developer /property owner, as the City has regulations
protecting only those trees which meet the ordinance criteria for size. However, it is not
anticipated that any landscaping along the perimeter of the property would be removed except to
clean up the site for future landscaping plans.
Staff did meet with the developer and concerned neighbors on site last week in order to clarify
and resolve those concerns that were raised at the City Council meeting. At this time all tree
protection issues appear to have been addressed to the neighbors' satisfaction. Please refer to the
attached letter.
RECOMMENDATION
Approve the Final Map for Tract 9101 Fitzsimmons Subdivision (Sage Court)
ATTACHEMENT
1. Letter from neighboring property owner
OCT -29 -1998 17:22 D.R. MATHER /M.K. FRAZER +1 408 741 5155 P.02
To: The Saratoga City Council
From: Miriam (Mimi) Frazer
I wanted to give you an update regarding the Final Map Approval for Tract 9101 located at 13480
Saratoga Ave. (Owner: Fitsimmons). Mrs. Smith and I met with James Waigren, Heather Bradley
and John Shores of Yamaoka Builders. We appreciate the opportunity you and James afforded
us to have an interactive dialogue about the trees on the property and have been verbally
reassured that the intent of the developer is to retain as many of the heritage trees and shrubs as
possible. We were also told that the Community Development staff has required the developers
to hire a certified arborist to oversee the project in conjunction with the purview of the staff. We
have been informed that the design review will detail a tree by tree plan for those regulated trees
and that the developer will adequately address the privacy, camouflage and shade concerns at
that time. Thank you for your concern and support for the residents of Saratoga. We also want to
recognize the conscientious work of the staff on this project.
iria imi) razer
135 onni ay
Sa :tog 95070
7.1 -5111
I I
TOTAL P.02
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 30(3 AGENDA ITEM s a
MEETING DATE: OCTOBER 21, 1998 CITY MANAGER: i.
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Letter from Regional Water Quality Control Board concerning submission of
quarterly reports on the City's NPDES activities
RECOMMENDED MOTION(S):
None required.
REPORT SUMMARY:
The Executive Officer of the Regional Water Quality Control Board has notified the City that it is
no longer required to submit quarterly reports on the City's NPDES activities (see attached
letter). Nineteen of these reports have been submitted since July, 1995 in response to previous
concerns about the City's adherence to certain requirements of its NPDES Permit, and each of
these reports has appeared on the City Council's agenda for review. As the Board now appears
satisfied that the City is meeting its stormwater management obligations, they have waived the
requirement for continued quarterly reporting in lieu of one annual report to be incorporated into
the annual reporting that the City additionally performs as a co- permittee of the Santa Clara
Valley Urban Runoff Management Program. The format and content of the supplemental annual
reporting will be developed over the next two months in cooperation with Regional Board staff.
Once approved, it will be brought back to the City Council for its review as well.
In the meantime, the new reporting requirements should be seen as a positive development for the
City in that it signals restored confidence and faith in the City's stormwater management program
by the Board, and will reduce administrative efforts in connection with this program by allowing
for a more efficient reporting process to occur.
FISCAL IMPACTS:
None directly. Indirectly, there will be a reduced administrative burden on City staff to manage
and carry out its NPDES activities.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional. However, interested parties have received copies of the Board's letter.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
N /A.
FOLLOW UP ACTIONS:
Staff will be meeting with Regional Board staff over the next two months to develop additional
annual reporting content and format to replace the previous quarterly reports. Upon approval by
the Board, this will be brought back to the City Council for review.
ATTACHMENTS:
Letter from Executive Officer of the RWQCB dated September 21.
California Regional Water Quality Control Board
San Francisco Bay Region
Peter M. Rooney Internet Address: http: /www.swrcb.ca.gov Pete Wilson
Secretary for 1515 Clay Street, Suite 1400, Oakland, California 94612 Governor
Environmental Phone (510) 622 -2300 G/' FAX (510) 622 -2460 SEP 2 1
Protection Date: ,(98
G V
File No. 2188.07 (JRW)
Ms. Chris Fischer
Director of Public Works
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Request to Report Annually on the Status of Activities at Saratoga Creek
Dear Ms. Fischer:
We have received your letter dated September 3, 1998, requesting to change reporting requirements
from quarterly to an annual basis at the subject site. Since July 1995 the City has submitted 19
stormwater management quarterly reports which have been primarily focused on Saratoga Creek.
This additional reporting requirement was the result of concern that the City had not adequately
fulfilled its obligations as a co- permittee under the Santa Clara Valley Municipal National Pollutant
Discharge Elimination System (NPDES) permit (Order No. 95 -180). Upon review of this matter it
appears that annual reporting may now be acceptable and we hereby approve your request with the
following conditions:
1) Board staff will meet with your staff by November 3, 1998 to discuss appropriate content
and format of the proposed annual reporting; and,
2) By December 1, 1998, an acceptable draft of the proposed annual reporting format will be
submitted to the Regional Board. Board staff are particularly interested in the area of
evaluation of program results for continuous improvement activities.
Please contact John West of my staff at (510) 622 -2438 to arrange for the follow -up meeting.
Sincerely,
lJ k
�6 f
Loretta K. Barsamian
Executive Officer
cc: Trish Mulvey, CLEAN South Bay
Don Whetstone, Friends of Santa Clara Creeks
Michael Lozeau, Baykeeper
Kelly Carroll, West Valley Clean Water Program
Beau Goldie, SCVWD
California Environmental Protection Agency
0 Recycled Paper
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3 °6 T AGENDA ITEM 8/ l
MEETING DATE: OCTOBER 21, 1998 CITY MANAGER:
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Appointment of John Cherbone as Acting Director of Public Works
RECOMMENDED MOTION(S):
Move to concur with the City Manager's recommended appointment.
REPORT SUMMARY:
The unfortunate departure of the City's recently hired Public Works Director again leaves this key
management position vacant. In the interim, I am recommending the appointment of John
Cherbone, Interim Public Works Services Manager (Associate Engineer), to serve as Acting
Public Works Director. John has served the City since 1993, and is intimately familiar with most
of the ongoing and long range activities and projects with which the department is involved. He
has handled the full spectrum of land development processing activities, from plan checks to
inspections, design and construction oversight of numerous capital projects, implementation of the
City's Pavement Management Program, and most recently, has managed the daily operational and
maintenance activities performed out of the Corporation Yard in the absence of the permanent
Public Works Services Manager. Given John's past performance in each of these areas, I am
confident in his abilities to lead the Department during this interim period of time until decisions
about a permanent appointment can be made. As Municipal Code Section 2- 20.050(d) requires
City Council concurrence with Department Head appointments, the recommendation to appoint
John Cherbone as Acting Public Works Director is brought to you for that purpose with my full
support.
FISCAL IMPACTS:
If the Council concurs with the recommended appointment, there will be an undetermined savings
in wages and benefits from what is approved in the budget for the position of Public Works
Director.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The City Council would not concur with the recommended appointment. In that event, I would
continue to search for another candidate to serve in this capacity who I would then again
recommend to the City Council.
FOLLOW UP ACTIONS:
None required.
ATTACHMENTS:
Municipal Code Section 2- 20.050(d).
2- 20.020
2- 20.020 Compensation; employment Clerk. He may delegate the duties of this office to duly
benefits. designated deputies.
The City Manager shall receive such compensation, (c) Authority over employees. It shall be the duty of
expense reimbursement, vacation, sick leave and fringe the City Manager, and he shall have the authority to con
benefits as established from time to time by the City trol, order and give directions to all heads of departments
Council. and to subordinate officers and employees of the City
under his jurisdiction through their department heads.
2- 20.030 Manager to serve as City Clerk. (d) Power of appointment and removal. The City
The City Manager shall serve as City Clerk and shall Manager shall have the duty to, and he shall appoint,
be responsible for the performance of the functions of employ, remove, promote and demote any and all officers
the office of City Clerk. and employees of the City, subject to all applicable provi-
sions of State law and the personnel ordinance as set forth
2- 20.035 Manager to serve as City in Article 2-40 of this Chapter, together with such person
Treasurer. nel rules as may be adopted by resolution of the City
The City Manager shall serve as City Treasurer and Council, and subject further to the requirement that no
shall be responsible for supervising all of the activities department head shall be either employed or discharged
of the Finance Director, implementation of the City' s without the consent of the City Council.
investment policy as adopted from time to time by the (e) Administrative reorganization of offices. It shall
City Council, and such other duties and responsibilities be the duty and responsibility of the City Manager to
as required by law to be performed by the City Treasurer. conduct studies and effect such administrative reorganiza-
tion of offices, positions or units under his direction as
2- 20.040 Absence or disability; Acting City may be indicated in the interest of efficient, effective and
Manager. economical conduct of the City's business.
The Assistant City Manager shall serve as Manager (f) Ordinances. It shall be the duty of the City Manager
pro tempore during any temporary absence or disability and he shall recommend to the City Council for adoption
of the City Manager. In the event there is no Assistant such measures and ordinances as he deems necessary.
City Manager, the City Manager shall designate a qualified (g) Attendance at Council meetings. It shall be the
City employee to exercise the powers and perform the duty of the City Manager to attend all meetings of the
duties of City Manager during his temporary absence or City Council unless he is excused therefrom by the Mayor
disability. In the event the City Manager's absence or individually, or the City Council.
disability extends over a two-month period, the City (h) Financial reports. It shall be the duty of the City
Council may, after the two-month period, appoint an acting Manager to keep the City Council at all times fully advised
City Manager. as to the financial condition and needs of the City.
(i) Budget. It shall be the duty of the City Manager
2- 20.050 Powers and duties. to prepare and submit the proposed annual budget and
The City Manager shall be the administrative head the proposed annual salary plan to the City Council for
of the government of the City under the direction and its approval.
control of the City Council, except as otherwise provided (j) Expenditure control and purchasing. No expenditure
in this Article. He shall be responsible for the efficient shall be submitted to or recommended to the City council
administration of all the affairs of the City which are under except on approval of the City Manager or his duly audio-
his control. In addition to his general powers as adminis- rized representative, and he shall be responsible for the
trative head, and not as a limitation thereon, he shall have purchase of all supplies for all the departments and divi-
the following powers and duties: sions of the City.
(a) Law enforcement. It shall be the duty of the City (k) Investigations and complaints. It shall be the duty
Manager to enforce all laws, Code provisions and ordi- of the City Manager to make investigations into the affairs
nances of the City, and he shall have the powers of a of the City and any department or division thereof, and
peace officer. He shall also see that all franchises, con- to investigate any contract or the proper performance of
tracts, permits and privileges granted by the City Council any obligations of the City. Further, it shall be the duty
are faithfully observed and the conditions, if any, thereof of the City Manager to investigate all complaints in
performed. relation to matters concerning the administration of the
(b) City Clerk functions. It shall be the duty of the City government and in regard to the service maintained
City Manager to perform the statutory functions of City by public utilities in the City, and to see that all franchises
16