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HomeMy WebLinkAbout05-16-1990 COUNCIL AGENDA STAFF REPORTSt SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. (�Z MEETING DATE: May 16, 1990 ORIGINATING DEPT: Community Services AGENDA ITEM T� _ CITY MGR. APPROVAL SUBJECT: Recreation Department /CASA Fun Run Special Events Permit Request Recommended Motion: Authorize the Community Services Director to issue a Special Events Permit for the Fun Run as proposed. Further authorize City financing of all law enforcement and liability costs as a co- sponsor, and auth- orize the closure of Herriman Avenue for 45 minutes as proposed. Report Summary: The Fun Run is a repeat of an event first held on 5/31/87, and again on 6/4/89. The difference between this event and those of the past is that the City (Recreation Department) will co- sponsor this year's event for the first time. As a result of its co-sponsorship, the City will pick up the law enforcement and liability costs of the activity, as well as providing staffing for the organizing of the event. The event is scheduled for Sunday, 6/3/90 beginning at 11:30. 1,000 participants are anticipated. Staff has advised those residents affected by the closure of Herriman Avenue. The Recreation Department appears to have done a good job in organizing the activity, including first aid stations and food and beverage booths. Fiscal Impacts: $50 filing fee waived. $250 clean -up deposit waived. $84 for law enforcement services. Unknown fiscal impact with regard to liability coverage. Attachments: Report by the Recreation Director Motion and Vote: o a' lt, March 27, 1990 To: Todd Argow From: Joan Pisani Subject: Saratoga Fun Run 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Listed below is the information you requested. 1. Saratoga Fun Run Sunday, June 3, 1990 Starting time 11:30 a.m. 2. Event co- sponsored by the Saratoga Recreation Department and CASA (Community Against Substance Abuse) 0 3. Estimated attendance: 1,000 4. Route of F-un R= The Fun Run will use the same route as last year. Participants will check in at Saratoga High School. Runners will complete one lap around the Saratoga High track, out through the gates at the Herriman end of the track, across Herriman, down Lexington Court, turn right onto Franklin, left onto Hammons and right onto Glen Brae. The finish will be at Congress Springs Park. 5. Re- routing Q1 traffic Herriman will be closed approximately forty -five minutes to one hour. When cars are going east on Saratoga - Sunnyvale wishing to turn right on Herriman, they will have to go down one block and take Thelma to Beaumont to Herriman. When cars are going west on Saratoga - Sunnyvale wishing to turn left on Herriman, they should proceed to the village and turn left on Saratoga Avenue. 6. Food booths will be set up at Congress Springs Park. 3 -5 PTA's in Saratoga will be selling food to raise money for their schools. 7. Hopefully, musical entertainment will be provided at Saratoga High and Congress Springs. 8. I have contacted the Sheriff's Department and the deputy who worked last years` event has committed to helping us this year. 9. I have requested Red Cross volunteers for the event. I am not.sure where I am going to set up stations. If you need any more information, please let me know. c an Pisani pe y,tP s /s9 P SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.� AGENDA ITEM MEETING DATE: May 16, 1990 CITY MGR. APPROVAL ORIGINATING DEPT: Engineering_ SUBJECT: Certification of Right -of -Way for Federal -Aid Projects and Local Projects on State Highways Recommended Action: Adopt Resolution designating the City Manag- er as the City's authorized agent to execute Right -of -Way Certi- fications. Report Summmary: Attached is a Resolution which, if adopted, will authorize the City Manager to execute Right -of -Way Certifications for Federal -Aid road projects and local road projects on State highways. Until now, the City has never adopted such a Resolu- tion except when needed for specific projects. This Resolution can be used time and again and would be kept on file at the CALTRANS District office. We will need to provide this Resolu- tion to CALTRANS before we can execute the Right -of -Way certifi- cations for two upcoming projects; the Quito Road Bridge Replace- ments and the Saratoga - Sunnyvale Road Medians between Big Basin Way and Verde Vista Lane. Fiscal Impacts: None. Attachments: Resolution. Motion and Vote: F . .` RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER TO EXECUTE RIGHT -OF -WAY CERTIFICATIONS FOR FEDERAL -AID ROAD PROJECTS AND LOCAL ROAD PROJECTS ON THE STATE HIGHWAY SYSTEM WHEREAS, the City of Saratoga from time to time performs Federal -Aid road projects and local road projects on the State Highway System, and WHEREAS, a requirement of these projects is the Right -of- Way Certification process which is the City of Saratoga's assur- ance to the appropriate federal and state authorities that all Right -of -Way has been acquired in accordance with all applicable regulations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby designate its City Manager as the authorized City agent to execute Right -of -Way Certifications on behalf of the City. PASSED and ADOPTED this of 19 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor C� -el . 41 SARATOGA CITY COUNCIL 4 EXECUTIVE SUMMARY NO. AGENDA ITEM V MEETING DATE: May 16, 1990 CITY MGR. APPROVAL ORIGINATING DEPT: Engineering SUBJECT: Certification of Right -of -Way for Federal -Aid Projects and Local Projects on State Highways Recommended Action: Adopt Resolution designating the City Manag- er as the City's authorized agent to execute Right -of -Way Certi- fications. Report Summmary: Attached is a Resolution which, if adopted, will authorize the City Manager to execute Right -of -Way Certifications for Federal -Aid road projects and local road projects on State highways. Until now, the City has never adopted such a Resolu- tion except when needed for specific projects. This Resolution can be used time and again and would be kept on file at the CALTRANS District office. We will need to provide this Resolu- tion to CALTRANS before we can execute the Right -of -Way certifi- cations for two upcoming projects; the Quito Road Bridge Replace- ments and the Saratoga - Sunnyvale Road Medians between Big Basin Way and Verde Vista Lane. Fiscal Impacts: None. Attachments: Resolution. Motion and Vote: • SARATOGA CITY COUNCIL AGENDA ITEM 6B MEETING DATE: May 16, 1990 ORIGINATING DEPT: City Council - -Karen Anderson SUBJECT: Review of City Compensation for Council Expenses Recommended Action: Debate and recommend a change of policy for reimbursement of City Council expenses. Retain the current $150 /month reported on Form 1099 and add a reimbursement of $20 /meeting for uncompensated County Meetings, add P.E.R.S., $25,000 Life Insurance and optional Medical and Dental Benefits after petitioning Council. Report Summary: The Finance Advisory Committee reviewed City Council unreimbursed expenses to determine the adequacy of the City Council expense allowance and compared the policy of the City of Saratoga to the policies regarding expense reimbursements of local comparable cities. The Committee recommended an increase in the allowance in order to reimburse average expenses incurred. City Council deferred a decision on the item to consider additional data to be brought forward by Karen Anderson. Expense Allowances as reported by the City on Form 1099 are reported on Schedule C of the Federal Form 1040. Expenses offset the reimbursement and net profit on this return is subject to the F.I.C.A. Self- Employment Tax which currently amounts to 12 %. When the compensation is deemed as "Salary ", as is the practice of some other cities, unreimbursed expenses are reported on Form 2106 and are subject to a reduction of 2% of the joint Adjusted Gross Income. Additionally, salaries in excess of $100 /month require that the council file Fair Political Practices Commission reports on a semi - annual basis. There is no. employee contribution to F.I.C.A. since the City is part of the Public Employee's Retirement System. Council members could therefore qualify for P.E.R.S. which is the practice in most other cities. Fiscal Impact: Negligible. Attachment: Corrected summary of the practices comparable cities. Motion and Vote: of other FILENAME:COEXPALL COUNCIL BENEFITS LOS GATOS $150.00 MEDICAL 279/MO W -2 $50.00 CAR ALLOWANCE DENTAL 33/MO P.E.R.S. ------------------------------------------------------------------ CAMPBELL $300.00 MEDICAL 300 /MO W -2 DENTAL 42/MO 50K LIFE 20 /MO 50K ACC P.E.R.S. ------------------------------------------------------------------ CUPERTINO $486.00 MEDICAL W -2 DENTAL 234/MO P.E.R.S. 30K LIFE ------------------------------------------------------------------ GILROY $300.00 MEDICAL W -2 ($600 MAYOR) DENTAL LIFE P.E.R.S. ------------------------------------------------------------------ MORGAN HILL $300.00 OPTIONAL @ COST W -2 NO P.E.R.S. ------------------------------------------------------------------ LOS ALTOS $150.00 MEDICAL 272/MO 1099 DENTAL 32/MO ------------------------------------------------------------------ 25K LIFE 9 /MO LOS ALTOS HILLS $150.00 NO BENEFITS 1099 $20.00 /COUNTY MEETING ------------------------------------------------------------------ SARATOGA $150.00 NO BENEFITS FILENAME:COEXPALL 11- May 29, 1990 Memo to: - Harry From: Hal On May 16 the City Council approved a proposal for payment of $20 to individual Councilmembers for attendance at meetings of County- wide, sub - regional and regional agencies where compensation is not provided to the Councilmember by the agency. I do not believe this payment can be justified as a reimbursement for expenses incurred, as in the case of the regular $150 monthly allowance currently being paid to the Councilmembers. Consequently, the payment would be categorized as a salary and subject to the provisions of Sections 36516 and 36516.5 of the Government Code. Section 36516 requires that Councilmember salaries must be established by ordinance. Further, Section 36516.5 states that: "A change in compensation does not apply to a councilman during his term of office." An exception to this rule applies where the Council adopts a salary (or salary increase) prior to an election of one or more Councilmembers to a new term of office. A salary adjustment can be made to become effective after the election. Obviously, there is no time to adopt an ordinance prior to the election. We can proceed with this matter following the election, but the payment would have to be delayed for another two years. You may wish to discuss this matter with the Council as constituted after the election. Dictated (to Betsy) but not read. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM LO MEETING DATE: May 16, 1990 C TY MGR. APPROVAL ORIGINATING DEPT: Engineering D�_ SUBJECT: Route 85 - Saratoga Creek to Los Gatos Creek: Quito Road Overcrossing Recommended Action: Receive as information. Report Summary: Final design for the Route 85 segment from Saratoga Creek to Los Gatos Creek is underway. Included in this project is the overcrossing at Quito Road. The designers have asked both the City of Saratoga and the City of San Jose for requirements for the width of the overcrossing structure. The Route 85 Strategic Plan calls for a two lane, sixty foot wide structure. The City of San Jose has suggested either a two or four lane structure, with the width of the two -lane structure at forty -four feet. I have recommended a four lane structure at least sixty -eight feet wide. My reason for recommending this is so that the structure could accommodate a future Quito Road of four lanes from Lawrence Expressway to Pollard Road. I will be attending a meeting on Monday, May 14 to discuss the options for the width of the overcrossing. I will be prepared to orally report to the Council the outcome of that meeting. Until then, the Council should consider whether a two or four lane structure is desired and be prepared to provide me with any direction that you deem appropriate. Fiscal Impacts: None. Attachments: None. Motion and Vote: :1d SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �Q AGENDA ITEM: MEETING DATE: CITY MANAGER: ORIGINATING DEPARTMENT: DAN TRINIDAD, SECRETARY PARKS & RECREATION COMMISSION SUBJECT: REQUEST FOR APPROVAL TO RETAIN CONSULTANT FOR PARKS MASTER PLAN & TRAILS MASTER PLAN REVISIONS Recommended Motion: Approve the consultant, Wallace, Roberts & Todd, interviewed and recommended by the Parks & Recreation Commission, to revise the Parks Master Plan and Trails Master Plan. Direct staff to negotiate an agreement with the consultant based on their proposal. Report Summary: Proposals were solicited from several park planners/ landscape architects with the intention of updating the Saratoga Parks & Trails Master Plans, as directed by the City Council. FISCAL IMPACTS: Funds for,this endeavor in the amount of $40,000.00 will be included in the fiscal year budget. Attachments: Report to Council Motion and Vote: 6K REPORT TO MAYOR AND CITY COUNCIL DATE: COUNCIL MEETING: SUBJECT: PARKS & TRAILS MASTER PLANS During the November 1989 joint Council /Parks & Recreation Meeting, at which time the Kevin Moran Park Master Plan revision was discussed, Council suggested that a consultant be retained to prepare a City -wide Master Plan for all parks focusing on Kevin Moran Park, Azule Park and Beacuhamps Park. Additionally, Council felt that the Master Plan for the Pedestrian /Equestrian Trails should also be redone. Staff prepared a Request For Proposal (RFP) which was distributed to approximately twenty park planners /landscape architects. As a result, proposals from six interested consultants were received. After an in -depth study of the submittals, staff chose three of the most qualified and capable firms. At the May 7th meeting of the Parks & Recreation Commission, they were invited to orally present and be interviewed on their perceptions of the updates to Saratoga's Parks Master Plan and Trails Master Plan. The three finalists were evaluated on: 1) their ability to design master plans, 2) their experience with system -wide park master plans, and 3) their experience in trail systems master planning. While all three consultants gave professional in -depth presentations, the Commission chose Wallace, Roberts & Todd as the most qualified not only due to their experience, and because of their ability to perform landscape designs and park design plans, but also for their expertise in performing system -wide Master Plans. REPORT TO COUNCIL PARKS 7 TRAILS MASTER PLANS PAGE 2 The funds to perform the two proposed budget-,,f �-f�iscal ye "ban Trinidad, Secretary Parks & Recreation Commission MT master plans will be included in the ar 1990/91 ($40,000). SCOPE OF SERVICES PHASE 1: REVIEW, RESEARCH AND ANALYSIS Task 1.1 Project Initiation WRT will meet with the client in order to prepare a detailed work program. The objective of the first work task is to reach agreement on the elements of the technical approach and work products, including presentation format, as well as the data base to be employed. Discussion agenda to include: Further definition of goals and objectives for the total project, including immediate needs and long -range interests of the city; Communication procedures and responsibilities within the city and between consultants and city staff; Other agency and jurisdiction participation; Public participation; Preliminary calendar of general events and milestones for the life of the project; Basic data and map bases available from the city and other agencies; Presentation format and methodology to be used for various public and agency meetings. Product: The product of this work task will be a project memo stating the goals and objectives of the project, a refined, detailed work plan to serve as a clarification and extension of the contractual scope of work; schedule of events; list of basic data immediately available from or to_ be made available by the city. Task 1.2 Base Map Preparation Using a map or plan supplied by the city, WRT will produce a citywide base map at an agreed scale for use throughout the project. Task 1.3 Special Interest Group Survey WRT will prepare and supply to the city a questionnaire for distribute to any special recreation interest groups such as Little League or trails group, and the neighborhood groups /organizations. Each group will be invited to complete the survey and bring their answers to one of the community workshops described in Task 1.12 Task 1.4 City Tour City staff will arrange and conduct a tour of the city's park and recreation facilities including public sites and any other significant facilities operated privately or by other public authorities. Task 1.5 Park System Inventory WRT will collect and compile information supplied by the City to produce an inventory of public parks and recreation facilities within the City. The inventory will include site location and size, a list of facilities by type and number, current ownership status, proposed acquisition, proposed improvements, and a general description of the landscape type. Task 1.6 Trails Inventory WRT will collect and compile information supplied by the City regarding the existing trails system, including both current and proposed trail segments. For each trail segment a proforma description will be completed describing: Existing Conditions 1. Location; 2. Length; 3. Existing Ownership; 4. Existing /Surrounding Land Use; 5. Development Plans; 6. Design; 7. Opportunities /Constraints; Each trail segment will be plotted onto a map identifying location and general alignment. Task 1.7 Recreation Facilities Inventory: Other Agencies and Groups Utilizing information supplied by the City, WRT will identify the location and recreation facilities, other than City- operated parks, which significantly offer recreation opportunity to City residents, including county, state, and federal facilities, private enterprises, educational establishments. Task 1.8 Planning Context WRT will review the City's General Plan with particular attention to the Open Space Element, Zoning Plan, and related ordinances in order to understand the planning context within which parks planning must be placed. Task 1.9 Park Planning Review WRT will analyze past park planning in the City through a review of documents supplied by the City including: 1. .Park Master Plan 2. 1985 Update Park Master Plan 3. Trail and Pathway Master Plan 4. Park Usage Survey 5. Listing of all park sites and facilities 6. Open Space Study, now being developed 7. All Park Plans and Specifications 8. The 1986 State Bond Act funding used to complete El Quito Park 9. The 1988 State Bond Act funding earmarked for Wildwood Park Task 1.10 Planning Department Meeting WRT will meet with the City Planning Department in order to discuss in general the planning context, and in particular the anticipated future growth of the City. Task 1.11 Staff Meeting WRT will meet with City staff to discuss progress to date and to prepare for the upcoming community workshops. Task 1.12 Community Workshop WRT will assist City staff in running 4 community workshops to which member of the public and the various special interest groups and neighborhood groups will be" invited. It is anticipated that 1 general meeting each will be held with the 3 neighborhoods surrounding undeveloped park sites and 1 meeting will be held relating specifically to trails. The meetings will be organized to uncover both the ideas of organized groups and the needs and concerns of individuals who do not participate in group activities. Task 1.13 Demographic Data Collection and Modelling The consultant team will collect demographic data from the City and from the Association of Bay Area Governments (ABAG) Projection 90 demographic surveys and forecasts. With input from City staff this data will be used to build a demographic model for the next ten years on which to base the parks and recreation planning process. Task 1.14 Existing Finance The consultant team will collect data from the City regarding the source and amount of past expenditures in terms of acquisition, capital improvements, programming, operations and maintenance. The analysis will identify revenue flows including General Fund appropriations, user fees and charges, program fees for recreation services, development impact fees /Quimby fees and in -lieu dedications, corporate support, and leasehold arrangements. If city records permit, existing maintenance figures will be analyzed to determine unit costs to the City for various classes of parks maintenance. This will help determine the maintenance cost implications of Master Plan proposals. Task 1.15 Needs Survey Review WRT will review the recreation survey currently being conducted by the City in order to further develop a picture of future recreation needs. Task 1.16 Comparative Standards Research WRT will compile various standards which relate to the provision of parks and recreation facilities from published sources and from surrounding /similar jurisdictions. Task 1.17 Existing Conditions Summary The consultant team will prepare a summary report of existing conditions and submit the report to City staff and the Parks and Recreation Commission for review and approval of work to date. Task 1.18 Staff Meeting WRT will meet with City staff to discuss progress to date, the Existing Conditions Summary Report, and upcoming tasks in the project. Task 1.19 Park and Recreation Commission Meeting WRT will meet with the Park and Recreation Commission to present the conclusions from the review and analysis of the project's background and context, and to draw upon their understanding of the City's recreation context. PHASE 2: DRAFT PLANS Task 2.1 Draft Goals and Objectives WRT will prepare a set of draft goals and objectives which will serve to define the policy framework of the Parks Master Plan and the Trails Master Plan. Task 2.2 Draft Standards WRT will prepare draft park and recreation standards pertaining to average population, facilities /population, and service radii of facilities. Task 2.3 Draft Goals WRT will develop provisional plans for future use of each of the park sites and for development of the trails system. Task 2.4 Potential Finance Sources The consultant team will prepare a list of potential funding sources which could be applied to the continued improvement and ongoing operation and maintenance of the parks system in the City of Saratoga. These will include but not be limited to impact fees /in -lieu dedications, the formation of and open space /parks district, existing capital improvement appropriations, benefit assessment districts /Mello -Roos, concession/ lease revenues, establishment of a nonprofit fund raising corporation, joint powers agreements, user fees, and endowment programs. Task 2.5 Staff Meeting WRT will meet with City staff to discuss the goals and objectives, standards, and park and trails plans, and to prepare for the upcoming community workshops. Task 2.6 Community Workshop WRT will assist City staff in running one community workshop open to the public, special interest groups and neighborhood groups. The purpose of this meeting will be to review draft goals and objectives and draft park plans. Task 2.7 Acquisition & Facilities Improvements Program WRT will prepare a site specific acquisition and facilities improvements program which will respond to staff and community review of draft plans. In developing site plan and trails improvements recommendations, consideration will be given to compatibility with surrounding land uses, location, accessibility, parking, law enforcement and security, and operations and maintenance issues. Task 2.8 Cost Estimation WRT will generate approximate estimates of the acquisition and improvements program. Costs will be given in 1990 dollars. Acquisition costs will be based on land value estimates supplied by the City. Task 2.9 Operations and Maintenance Cost Estimates WRT will prepare operations and maintenance cost estimates based on information provided by the City in Task 1.4 and unit costs for various classes of park and trail improvements. Task 2.10 Priority Ranking System The consultant team will prepare a prioritized ranked list of all recommended actions including acquisition, improvements and change -outs. The prioritization will reflect the goals and objectives of the sponsoring agency, the Park and Recreation Commission, the expressed needs of the community as elicited during public meetings and surveys, the compliance of the City's park and recreation system with the standards developed in the planning process, and any goals and objectives required to integrate park system implementation with other planning activities and objectives within the City. Task 2.11 Capital Improvements Program WRT will outline a proposed capital improvements program phased in two year increments over the ten year period between 1990 . and the year 2000. The capital program will include acquisitions and improvements arranged according to the priority ranking system and consistent with the agency action program and the financing strategies. Task 2.12 City Staff Meeting WRT will meet with City staff to discuss the program, cost estimations, operations and maintenance cost implications, priority ranking, and the capital improvements program. Task 2.13 Parks and Recreation Commission Meeting WRT will meet with the Park and Recreation Commission to present the goals and objectives, financing sources, acquisition and improvements program, cost estimates., and phasing proposals. PHASE 3: FINAL REPORTS Task 3.1 Administrative Draft Plans WRT will prepare administrative drafts of the Parks Master Plan and the Trails Master Plan. WRT will provide two bound copies and one unbound reproducible copy of each plan to the City for review. Task 3.2 Staff Meeting Meeting with staff to review the administrative draft. Task 3.3 Park and Recreation Commission Meeting Meeting with the Commission to review the administrative draft. Task 3.4 Revisions The City will supply details of any revisions required to the administrative draft plans in the light of staff and commission review. Revisions will be completed by the consultant. Task 3.5 Draft Plans WRT will prepare final drafts of the Parks Master Plan and the Trails Master Plan. Two bound copies and one unbound copy of each report will be supplied to the City for review. Task 3.6 Council Meeting WRT will attend one City Council meeting to present and discuss the Draft Parks Master Plan and Trails Master Plan. Task 3.7 Final Editorial Corrections City staff will supply to the consultant team any final editorial corrections required for the Master Plan and the Element. The consultant will effect any such editorial corrections and prepare one camera ready copy of each final document. Task 3.8 Final Parks Master Plan and Trails Master Plan WRT will supply to the. city one unbound camera -ready copy each of the Parks Master Plan and of the Trails Master Plan. WRT will also supply two bound copies of each document to the city. SCHEDULE FOR THE SARASOTA PARKS MASTER PLAN AND TRAILS MASTER PLAN (MONTH 1 1 2 3 4 5 6 7 8 RASE I TASK 1.1 ( - - -- TASK 1.2 I - - - - -- TASK 1.3 - - -- TASK 1.4 I --- - - - - -- TASK 1.5 - 1.9 ------------------------ TASK 1.10 - 1.12 TASK 1.13 - 1.17 --------------- - - -- TASK 1.18 - 1.19 ---------- =ASE 11 TASK 2.1 - 2.4 ____ ____ ________ TASK 2.5 - 2.6 TASK 2.7 - 2.11 TASK 2.12 - 2.13 4.ASE III TASK 3.1 TASK 3.2 - 3.3 TASK 3.4 TASK 3.5 TASK 3.6 TASK 3.7 TASK 3.8 I VORKSHOPS /PRESENTATIONS 10 0 0 0 0 0 0 0 0 0 0 0 0 MEETINGS I. 2 4 f -- ----- -- -- -- ---- ---- ---- ----- WRT FEES The fee outlined below is for the concurrent preparation of a Parks Master Plan and a Trails Master Plan. Although the two master plan be separate documents services are combined to encourage integration of the two open space systems and to eliminate costly duplication of services. Fees and expenses, in accordance with the following WRT hourly fee schedule are: PHASE I Tasks 1.1 - 1.19 $16,240. PHASE II Tasks 2.1 - 2.13 $12,040. PHASE III Tasks 3.1 - 3.8 $ 6.720. TOTAL $35,000. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. F33 AGENDA ITEM: MEETING DATE: D CITY MANAGER: ORIGINATING DEPARTMENT: DAN TRINIDAD, SECRETARY PARKS & RECREATION COMMISSION SUBJECT: ROBERTI- Z'BERG- HARRIS URBAN OPEN SPACE AND RECREATION GRANT PROGRAM Recommended Action: Approve Parks & Recreation Commission's recommendation for use of 1989/90 Roberti- Z'Berg- Harris fund allocation to help support the completion of Kevin Moran Park. Adopt Resolution approving the application for a grant of funds under the Robert i- Z'Berg- Harris Open Space & Recreation Program. Report Summary: The application for a 1989/90 Block Grant must be submitted to the State before June 1, 1990. At the Parks & Recreation Commission meeting of May 7, 1990, it was decided that rather than use the funds for a small park improvement, they would be better served for the completion and renovation of Kevin Moran Park. City Manager recommends this money be programmed to design the neighborhood park at Beauchamps during fiscal 1992 after the Parks Master Plan revision is completed as an alternative to the Commission's recommendation. Fiscal Impacts: This grant is for $10,999 and requires matching funds of $3,300. The total estimate for this project is $450,000. Attachments: 1. Resolution Motion and Vote: op CtirCK ONt DEPARTMENT OF PARKS AND RECREATION ROBE,RTI- Z'BERG- HARRIS URBAN OPEN -SPACE AND RECREATION PROGRAM APPLICATION FOR LOCAL ASSISTANCE GRANT Project Name Amount of Grant Request Renovation and completion of Kevin Moran Park Amount of Matching Funds Applicant (Agency - address incl. zip code) Estimated Total Project Cost City of Saratoga Source of Matching Funds 13777 Fruitvale Avenue _ Saratoga, California 95070 Block Grant Q Need Basis Grant ❑ $ 10,999 $ 3,300 $450,000 Applicants' Representative Authorized in Resolution (woe) Harry Peacock City Mana e - Name Title hone Person with day -to -day responsibility for project (if different from authorized representative) (type) Dan Trinidad Direct ance _3) 48 "2- ame `'� Title hone Description of Project (Brief) V The project consists of completion and renovation of existing community Park--(K-e�_ fir^^ p^rQ. Items to be considered in further development and redevelopment could include tennis courts, additional sports fields, group picnic area, parking area and restroom facility. Land Tenure - Project: 10.3 acres Census tract number in which project is located: X owned in fee simple by applicant Senate Dist. Assembly Dist. (Please Check) available under a year lease (enclosed) Estimate start project Complete project (Please Check) other interest (explain) _ (Please Check) Date Date I certify that the information contained in this application, including required attachments, is accurate and that I have read and understand the important information and assurances on the reverse of this form. Signed Applicant's Authorized Representative as Shown in Resolution Date I hereby certify that the applicant has met, or will meet, all federal, state and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws, and regulations prior to the expenditure of the grant funds. (Public Resources Code 56261d). I further certify that the applicant fully understands that the State Department of Parks and Recreation will not assume any responsibility to ensure compliance with any applicable federal, state or local codes, laws or regulations, but that the Department may conduct an audit to ensure compliance. Signed — Legal Counsel Date IMPORTANT You may incur costs against the grant only after your project has been approved by the Legislature and the State has received your application signed by your attorney..All State requirements must be met and an agreement signed before any funds will be disbursed. A -1 23 S To apply, submit one copy each of the applicable documents listed below. 1 1. X A completed application form signed by the person authorized in your resolution and by your attorney. 12 X The resolution from your governing body authorizing the application. 3. Environmental Impact Report .or Negative Declaration and a copy of the Notice of Determination showing the county clerk's stamps, or, if applicable, a copy of the Notice of Exemption if the project is categorically exempt, or the reason why CEQA does not apply. Clearinghouse response is required if you have an EIR or Negative Declaration for the project. 4. A city or county street map showing the project location with sufficient detail to find the site. 5. If property to be developed is not owned in fee, evidence of adequate land tenure. (Copies of leases, joint powers agreements, permits, etc.) NIP, 6. A site plan for development projects. Map of the overall park showing location of project facilities, details of access, water, power and sanitation. 7. Cost estimate. A detailed estimate of all projects costs. 8. Acquisition map and acquisition schedule listing number of parcels, size, approximate date of acquisition and cost •lacquisition projects only). NIA 9. Summary of comments made at a public hearing concerning any acquisition that impacts productive agricultural lands (acquisition projects only). N/A 10. Local match certification form. 11. A list of all funds, over and above the grant requested, that will be used for the project. ,'i' 12. Photos of the project site. 13. Copies of all permits, leases, agreements, etc., affecting project lands or operation and maintenance. .1 Requests for waiver of matching requirement. flf applicable) /yj�} �. j 15. ' Written narrative justifying project (needs -basis only). IV 1, Assurances The. applicant hereby gives assurances and certifies with respect to the grant that: It possesses legal authority to apply for the grant, and to finance, acquire and construct the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. Applicant will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and. specifications; that it will furnish progress reports and such other information as the State may require. ~r. Applicant will give the State's authorized representative access to and the right to examine all records, books, papers, or document related to the grant. Applicant will cause work on the project to be commenced within a reasonable time after receipt of riotification from the State.that funds have been approved and that the project will be pursued to completion with reasonable diligence. 7 +' Applicant will not dispose of or encumber its title or other intrests in the site and facilities without permission from the ..' State Legislature. Y. Applicant will comply where applicable with provisions of the California Environmental Quality Act and any other State, and /or local laws. rules and /or reaulations_ ;1 • t T In cases involving leased property, it agrees to maintain and operate the property and /or facilities acquired or developed for an agreed to period commensurate with the type of project and the proportion of state grant funds and local funds allocated to the capital costs of the project. 4:• A -2 DPR 632 (Back) •i D► Il 1J 111 (111 RESOLUTION OF THE (City Council, Board of Supervisors or District Board) rl 1 (project) WHEREAS, the Legislature of the State of California has enacted the Roberti- Z'berg- Harris Urban Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and, W= M, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and SFAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; and WF EMM, said applications contain a certification that the applicant will comply with all federal, state, and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws, and regulations prior to the expenditure of the grant funds; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs, with emphasis on unmet needs in the most heavily populated areas; NOW, Z, BE IT RESOLVED that the (City Council, Board of Supervisors or District Board 1. Approves the filing of an application for funding under the Roberti - Z'berg Harris Urban Open Space and Recreation Program; and, 2. Certifies that said agency underst x& -t5d- general provisions of the agreement; and, 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; and, 4. Certifies that said agency has or will have available, prior to of any work on the project(s) included in this application, the required match; and, C -1 35 v . , 5. Certifies that the project(s) included in this application conform to the recreation element of any applicable city or county general plan; and, 6. Appoints the ��ka as agent of the (Tiqe - not /name) to conduct all negotiations (City, County, or District) and execute and submit all documents including, but not limited to, applications, agreements, amexb*nts, payment requests, and so on that may be neces Y for the cm1pletion of the aforementioned project(s) ; and, /I c 7. Appoints "" as legal axuLSel for said (Name or Title) agency with authorization to sign the certification on page 1 of the application. Approved and AMPMD the day of 19 I, the undersigned, hereby certify that the foregoing Resolution No. was duly adopted by the (City Council, Board of Supervisors or District Board) following roll call vote: Ayes: Clerk 36 C -2 0 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 1 ' AGENDA ITEM. MEETING DATE: May 16, 1990 CITY MGR. APPROVAL ORIGINATING DEPT.: Community Services SUBJECT: Amendment to Animal Control Regulations Recommended Motion: Adoption of proposed ordinance. Report Summary: Under the existing animal control regulations as contained in Article 7 -20 of the City Code, most of the enforcement authority has been delegated to the County and is exercised by the County's Animal Control Officer. Section 1 of the proposed ordinance will establish a concurrent authority in the CSOs to enforce all of the animal control regulations. Subsection 7- 20.040(b) of the existing code establishes certain regulations concerning control and confinement of dogs. A copy of this provision is submitted herewith. The proposed ordinance will strengthen this subsection by allowing the animal control officer (or the CSO) to determine whether fencing on private property is of sufficient strength and beight to contain the particular dog confined upon the property. This amendment is intended to address the type of concern raised by Mr. Martel that a neighbor's fence is inadequate to prevent the dog from going upon adjacent property. Fiscal Impacts: Attachments: Motion and Vote: None. (a) Proposed ordinance; (b) Section 7- 20.040 of the existing City Code. f _ ORDINANCE NO. 71. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 7- 20.020 OF THE CITY CODE CONCERNING ENFORCEMENT OF ANIMAL CONTROL REGULATIONS AND SUBSECTION. 7- 20.040(b) CONCERNING CONTROL AND CONFINEMENT OF DOGS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 7- 20.020 in Article 7 -20 of the City Code is amended to read as follows: t "57- 20.020 Enforcement of Article (a) Delegation of enforcement authority to County. The duty and authority to enforce the provisions of this Article are hereby delegated to the County, unless a specific duty or function is expressly declared in this Article to be the responsibility of an officer or employee of the City. The County shall perform its duties hereunder in accordance with the terms of such contract for animal control services as may be executed from time to time between the City and the County. In the event such contract is terminated, the delegation of authority granted herein shall automatically expire. (b) Concurrent authority of Community Service Officers. The delegation of authority made by Paragraph (a) of this Section is non - exclusive, and each \� Community Service Officer of the City shall have concurrent authority to enforce any provisions of this Article for which enforcement authority has been delegated to the County." SECTION 2: Paragraph (b) of Section 7- 20.040 in Article 7 -20 of the City Code is amended to read as follows: "(b) No dog shall be permitted or allowed in any residential or commercial zoning district in the City, except: (1) within the confines of a building or structure; or (2) within the confines of a fenced enclosure which. in the opinion of the Animal Control Officer. is of sufficient hei ht, strength and design to prevent escape by the particular doh confined therein: or (3) where such dog at all times is held and led by a leash of not more than six feet in length, securely attached to a harness or collar on the dog and held by a person capable of exercising complete control over such dog." SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or -I- r unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the; City Council of the City of Saratoga held on the day of 1990, by the following vote: AYES: N OES: ABSENT: ATTEST: CITY CLERK -2- DFAWGIM S7- 20.040 An_ mats rim Ang at large (a) No person in the City owning or having control or custody of any dog or any other animal shall cause, permit or allow the same to be at large or to stray or wander into any school yard, school building, public park, public highway or street or upon any private place or property without the consent of the owner or person in control thereof. (b) No dog shall be permitted or allowed in any commercial or residential zoning district in the City, outside of the confines of any building, structure or secure enclosure, unless such dog at all times be held and led by a leash of not more than six feet in length, securely attached to a harness or collar on such dog, and held by a person capable of exercising complete control over such dog. (c) The provisions of this Section shall not apply to dogs assisting peace officers engaged in law enforcement activity, or dogs being trained by peace officers, or their agents, for law enforcement activity. (d) The Animal Control Officer shall not seize or impound a dog for running at large in violation of this Section when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession. (e) A dog that has strayed away from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded merely for violation of this Section, but in such a case a citation for such violation may be issued; provided, however, that if in such situtation the owner or the person who has a right to control the dog is not home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog_, and an indication of the ultimate disposition of the dog if no action, to regain it is taken within a specified period of time by its owner or ov the person who has a right to control the dog. (f) Nothing contained in Paragraphs (d) or (e) of this Section shall affect the authority of the Animal Control Officer to seize or impound a dog or issue citations for violation of any other Section of this Article. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM ` MEETING DATE: May 2, 1990 CITY MGR. APPROVAL ORIGINATING DEPT: City Attorney SUBJECT: Adoption of animal control regulations by West Valley College and prosecution of violations by City Attorney Recommended Motion: Approval of Agreement with West Valley /Mission Community College District providing for legal services to be rendered by the City Attorney to prosecute violations of animal control regulations adopted by the District. Report Summary: The West Valley /Mission Community College District desires to adopt regulations to control animals brought or found on the campus. The District has been advised by the Santa Clara County Counsel that the only way such regulations can be established is for the District to adopt the animal control laws of Saratoga and to make arrangement for such laws to be enforced through the City Attorney's office. A copy of the County Counsel's letter to the District is submitted herewith. The City Attorney has been working with the District to resolve this problem. As a result of these discussions, certain specified sections of the Saratoga City Code concerning animals will be submitted to the District Board of Trustees for adoption. In addition, the City Attorney has prepared an agreement between the City and the District providing for legal services to be rendered by the City Attorney, if needed to prosecute violations of these sections. As a practical matter, it is unlikely that any legal services at all will be rendered because the animal control citations are handled in the same manner as traffic citations - the fine is paid upon issuance of the citation and no further proceedings are required. The agreement is more of a formality to accomodate implementation by the District of its own program for animal control. Fiscal Impacts: None. If any legal services are actually rendered by the City Attorney, the fees and costs will be billed directly to the District and the City has no responsibility for payment of the same. Moreover, no enforcement responsibility will be assumed by either the CSO's or the Sheriffs Department. Attachments: Motion and Vote: (a) Proposed Agreement. (b) Letter to West Valley from County Counsel dated 11/28/89. i - AGREEMENT CONCERNING ENFORCEMENT OF ANIMAL CONTROL REGULATIONS THIS AGREEMENT, dated , 1990, by and between THE WEST VALLEY /MISSION COMMUNITY COLLEGE DISTRICT ( "West Valley ") and THE CITY OF SARATOGA ( "Saratoga "), is made with reference to the following facts: A. West Valley intends to adopt the following provisions of the Saratoga City Code for the purpose of regulating and controlling animals brought or found upon the college campus: Section 7- 20.040: Section 7- 20.070: Section 7- 20.145: Section 7- 20.150: Section 11- 05.030(k): "Animals running at large" "Abandoned animals" "Vicious animals" "Authority of property owner to take possession stray animal" Control of animals; clean -up of waste B. West Valley has requested the services of the Saratoga City Attorney for the purpose of enforcing the animal control regulations adopted by West Valley, and Saratoga has agreed that such services may be provided as hereinafter set forth. NOW, THEREFORE, it is agreed as follows: 1. The animal control regulations adopted by West Valley shall be enforced upon the college campus through the issuance of citations by the West Valley police officers, who shall also file such citations with the municipal court. The violation of any animal control regulation adopted by West Valley shall constitute an infraction offense, for which a fine shall be established from time to time by resolution of the West Valley Board of Trustees. 2. Neither the Saratoga Community Service Officers nor the Santa Clara County Sheriffs Office shall be responsible for enforcement of animal control regulations upon any property owned by West Valley, it being the intention of the parties that no cost or expense of any kind shall be incurred by Saratoga as a result of the animal control regulations contained in the Saratoga City Code being adopted and enforced by West Valley. 3. In the event any legal services are required by West Valley in connection with the enforcement and prosecution of any violation of the animal control regulations adopted by West Valley, including, but not limited to, court appearances for the purpose of arraignment or trial, West Valley may request the Saratoga City Attorney to provide such legal services as the prosecuting attorney acting for and on behalf of West Valley. All fees and costs for such legal services shall be billed by the Saratoga City Attorney directly to West Valley and Saratoga shall have no responsibility or obligation for payment of the same. Legal fees shall be charged to West Valley at the same rate as the City Attorney is then charging Saratoga for code enforcement services. (As of the date this Agreement is executed, such rate is $80.00 per hour) -1- 1` 4. All fines distributable by the court on citations issued by the West Valley police officers for violation of the animal control regulations shall be paid to West Valley. 5. This Agreement shall automatically apply to any additional or amended animal control regulations hereafter adopted by West Valley. 6. Nothing herein shall be deemed to obligate West Valley to utilize the services of the Saratoga City Attorney to prosecute violations of the animal control regulations adopted by West Valley. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above writeen. -2- WEST VALLEY /MISSION COMMUNITY COLLEGE DISTRICT LIM CITY OF SARATOGA M Harold S. Toppel Saratoga City Attorney 'Q.*�- 0 .0 Counter of Santa Clara Office of tfic County Counsel C<Hmty ryovermnent Ccnrcr, Gast %vin;1 70 WC-ST I IcA-ldink, Street $rin JcwB. Gallfornla 951 10. 1 770 Cana) 299-21 1 t (dos) 20 2. 7 240 (FAX ) Steven M. Woodside county c nun-; l R:.cl'+/E� NG`V 3 0 1989 November 28, 1989 Joan Reitz Facilities Director West Valley - Mission Community College District 19000 Fruitvale Ave. Saratoga, CA 95070 Dear Joan: N In response to your inquiry regarding the enactment and enforcement of dog "leash" laws on your campus, I am pleased to provide the following advice. The District is empowered to hold real property (Ed § 72201) and to adopt .rules for its governance which are not inconsistent with law. (Ed § 72231) Further, the District may allow the use of its property upon such terms and conditions as the Board deems proper. (Ed 9 82530) It is my opinion, therefore, that the District has the power to enact and enforce rules regarding its property and the uses to which the property may be put. The next question is whether the rules may lawfully be deemed infractions, for which the District may collect fines, or impose other penal sanctions. My research discloses no authority for the District to adopt rules, the violations of which would be considered infractions, subject to penal fine or other penalty. I believe, however, that the adoption by the District of any municipal ordinance which governs surrounding territory may be lawfully enforced by the campus police, whose authority it is to enforce all laws of the State of California which are violated on or around the campus. (See Ed § 72330 and Penal Code § 830.31) It is my recomendation that the District adopt, in the form of a resolution following a public hearing, the "leash" ordinances of Saratoga and Santa Clara which govern the area surrounding the District's two campuses. In order to levy and collect fines for violation of the "leash" resolution, it may be necessary to contract with Saratoga and Santa Clara to enforce the citations. By enforcement I refer to the authority of the City Attorney or the Chief ASSIstant County Counsel: Ann &llller Ravel Chief Deputies. Robert J. Mendee. Susan 6. i-cm nimrg. %A-1111ram 1. nndcraon VG /GO /Z)v 1/-: 40 Q4V000!3030 • -- AThINSON- FARASYN 003 Joan Reitz November 28, 1989 Page 2 District Attorney to enforce municipal code violations pursuant to Government Code section 39600, I would recommend that preliminary discussions be commenced with both cities to ascertain whether such agreements could be reached. I would be glad to assist in such endeavors. Please contact my office if you wish further information or clarification. Very truly yours, STEVEN M. WOODSIDE County Counsel ZAME5 C. EMERSON `� Deputy County Counsel JCE /kmf wit7 /7 a SARATOGA CITY COUNCIL 1-�' EXECUTIVE SUMMARY NO. W —. AGENDA ITEM: MEETING DATE: 5 -16 -90 ORIGINATING DEPT.: Planning CITY MGR. APPROVA C4"4f/--, SUBJECT: Request to obtain a special permit to erect temporary signage in the public right -of -way. Recommended Motion: Staff recommends that the City Council approve a request for a special permit to erect temporary signage in the public right -of -way. Report Summary: The Planning Department received a request on May 4, 1990 from the Saratoga Parent Nursery School to erect temporary signage (poster boards) throughout designated areas in the City. The poster boards will advertise a special event of general public interest. It is Staff's belief that the request meets the criteria from Section 15- 30.180 of the Saratoga Municipal Codes, and recommends approval of the request to the City Council. Fiscal Impacts: None Attachments: 1. Letter from Joan Thompson dated 5/4/90 2. Reduced copy of the poster Motion and Vote: 1� 0919W @Eq §&M2&1XQX5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: FROM: SUBJECT: Mayor and City Council Planning Staff DATE: May 16, 1990 Request to obtain a special permit to erect temporary signage in the public right -of -way. Background: The Planning Department received a request on May 4, 1990 from the Saratoga Parent Nursery School to erect signage (poster boards) throughout designated areas in the City. The poster boards will advertise an Art and Wine Show in Wildwood Park as a fund raiser for the Saratoga Parent Nursery School. The areas specifically requested are along Saratoga Avenue, Cox Avenue, Prospect Road, Herriman Avenue, and Highway 9. The poster boards are proposed to be posted Thursday, May 17th to the evening of Sunday, May 20th. Approximately 35 -40 poster boards will be situated along the above mentioned streets. The poster boards will be colored either Florescent Pink with black lettering, or Florescent Green with Black lettering. An example of the selected poster will be available for your review at the meeting. Pursuant to Section 15- 30.180 of the Saratoga Municipal Codes (Special Permits from City Council), the City Council shall have the authority to grant temporary special permits on such terms as it deems proper, including such things as signs, banners or other advertising pertaining to any civic, patriotic or special event of general public interest. Recommendation: Staff recommends that the City app ants request per Section i al z M . Paul . Kerm an Assistant Planner Council vote to approve the 15- 30.180 of the Saratoga �J f-4,4 Z' L "Reviewed )6y Steve Emslie Planning Director Parent 0490 Williams Avenue oga, California 95070 May 4, 1990 867 -9774 Saratoga City Council Saratoga, California Subject: Special Event Signage Request Each May the Saratoga Parent Nursery School hosts an Art and Wine Show in Wildwood Park. We are a non - profit organization, affiliated with the Los Gatos - Saratoga Department of Community Education and Recreation. This year the event will be held on Sunday, May 20th. We would like to request permission to place poster boards (approximately 11 x 14 in size, sample attached) along the more heavily traveled streets in Saratoga: Saratoga Avenue, Cox, Prospect, Herriman, Hwy 9. With your approval, these signs will be posted on Thursday, May 17th and will be removed the evening of Sunday, May 20th. T�nk your for yqur consideration, Joan Thompson "741-5868 SUNDAY I'l - 5 WILDWOOD PK, 4TH STREET OL SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. )!' AGENDA ITEM MEETING DATE: CITY MGR. APPROVAL T i ORIGINATING DEPT.: Planning Department SUBJECT: Fencing Separating Commercial and Residential Uses Recommended Motion: Approval of negative declaration and adoption of proposed ordinance. Report Summary: The proposed ordinance will amend the zoning regulations to allow the installation of a solid fence or wall up to eight feet in height along a property line that separates residential and commercial uses. The ordinance is explained in more detail in the Memorandum from the City Attorney submitted herewith. The ordinance was approved by the Planning Commission at its regular meeting on March 28, 1990. Fiscal Impacts: None. Attachments: (a) Memorandum from City Attorney to City Council; (b) Proposed ordinance; (c) Negative declaration Motion and Vote: M E M O R A N D U M TO: SARATOGA CITY COUNCIL FROM: HAROLD S. TOPPEL City Attorney DATE: April 16, 1990 . M. ATKINSON (1892 -1982) L. M. FARASYN (1915 -1979) RE: Fencing Separating Commercial and Residential Uses In response to a request from Jack Mallory, the Planning Commission initiated an amendment to the zoning regulations to allow the installation of a solid fence or wall up to eight feet in height along property lines that separate commercial and residential uses. The proposed ordinance deals with the subject by establishing both a mandatory requirement and a permissive permit. Section 1 of the ordinance amends the general fencing regulations for the commercial districts, as contained in subsection 15- 19.020(f), by adding a new paragraph (4) that will enable the City to require the owner or occupant of a commercial site to install a higher fence to mitigate noise or other adverse impacts upon abutting residential properties. As a general rule, the fence or wall must be installed within 60 days after the requirement is first imposed, unless a longer period of time is allowed by reason of extenuating circumstances. These circumstances may include the cost of demolishing any existing fence or the installation cost of the new fence. (An unrelated amendment also being accomplished as part of this ordinance is the addition of a sentence in subparagraph (3) to establish a specific time limit for relocation and enclosure of outdoor trash containers located within the commercial zoning districts.) Section 2 of the proposed ordinance would allow the owner of a residential site to apply for a special permit to install the higher fence. This permit is similar to the special fence permits now being issued for sound walls along arterial streets, except that the fencing in this instance would only be allowed along rear and interior side yards, rather than front yards. This provision 1 ATKINSON • FAI3ASYN ATTORNEYS AT LAW 660 WEST DANA STREET PAUL S. SMITH LEONARD J. SIEGAL P.O. BOX 279 HAROLD S. TOPPEL MOUNTAIN VIEW, CALIFORNIA 04042 ROBERT K. BOOTH, JR. STEVEN G. BAIRD (415) 967 -6941 M E M O R A N D U M TO: SARATOGA CITY COUNCIL FROM: HAROLD S. TOPPEL City Attorney DATE: April 16, 1990 . M. ATKINSON (1892 -1982) L. M. FARASYN (1915 -1979) RE: Fencing Separating Commercial and Residential Uses In response to a request from Jack Mallory, the Planning Commission initiated an amendment to the zoning regulations to allow the installation of a solid fence or wall up to eight feet in height along property lines that separate commercial and residential uses. The proposed ordinance deals with the subject by establishing both a mandatory requirement and a permissive permit. Section 1 of the ordinance amends the general fencing regulations for the commercial districts, as contained in subsection 15- 19.020(f), by adding a new paragraph (4) that will enable the City to require the owner or occupant of a commercial site to install a higher fence to mitigate noise or other adverse impacts upon abutting residential properties. As a general rule, the fence or wall must be installed within 60 days after the requirement is first imposed, unless a longer period of time is allowed by reason of extenuating circumstances. These circumstances may include the cost of demolishing any existing fence or the installation cost of the new fence. (An unrelated amendment also being accomplished as part of this ordinance is the addition of a sentence in subparagraph (3) to establish a specific time limit for relocation and enclosure of outdoor trash containers located within the commercial zoning districts.) Section 2 of the proposed ordinance would allow the owner of a residential site to apply for a special permit to install the higher fence. This permit is similar to the special fence permits now being issued for sound walls along arterial streets, except that the fencing in this instance would only be allowed along rear and interior side yards, rather than front yards. This provision 1 has been included to cover a situation where, for one reason or another, the higher fence is not installed by the owner or occupant of the adjacent commercial property. In such event, a totally independent process for installation of a higher fence is available to the owner or occupant of the residential property. The amendment is intended for application to existing developed properties as well as newly constructed projects. In other words, if an existing fence is determined to be inadequate to mitigate noise or other adverse impacts of commercial activity upon adjacent residential sites, the City may require that such fence or wall be upgraded with respect to both material and height in order to mitigate the impacts. The determination as to whether an existing fence must be totally replaced or merely improved would be made on a case by case basis. _ I E Saratoga City Attorney ORDINANCE NO. 71. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 15- 19.020(f) AND 15- 29.010 OF THE CITY CODE CONCERNING HEIGHT OF FENCES SEPARATING COMMERCIAL AND RESIDENTIAL DISTRICTS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Subsection 1: - 19.020(f) in Article 15 -19 of the City Code is amended to read as follows: "(f) Screening, landscaping and fencing. (1) Where a site is adjacent to an A, R -1, HC -RD, NHR, R -M or P -A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front yard, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise. (2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty -five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the \� requirements of this Paragraph within sixty days after receiving a d" directive from the City to do so. (4) e Notwithstanding any other provision contained in this Subsection (f), the Planning Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Planning Director or, the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing fence or wall. -1- 1 (5) Required pedestrian open spaces, front yards and side yards, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained. (6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights -of -way. 5 7� Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair. (8) Except as otherwise provided in this Subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15 -29 of this Chapter." SECTION 2: A new Paragraph (h) is added to Section 15- 29.010 in Article 15 -29 of the City Code, to read as follows: "(h) Fencing adjacent to commercial districts. The Planning Director may issue a special permit to allow a fence up to eight feet in height where such fence is installed along a rear yard or interior side yard of a residential site which abuts a commercial district. The Planning Director may impose such conditions as he deems appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the fence and landscape screening. Applications for a special permit under this Paragraph shall be filed with the Planning Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by the City Council." SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty days after its passage and adoption. ssssss The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of , 1990, by the following vote: -2- AYES: NOES: ABSENT: ATTEST: CITY CLERK -3- MAYOR