HomeMy WebLinkAbout02-01-1984 CITY COUNCIL AGENDAj
r CITY OF SARATOGA
Initial:
AGENDA BILL NO. �j_ Dept. Hd.
DATE: January 23, 1984 (February 1, 1984)
DEPARTMENT: Community Development
SLJ3=: HERRIMAN AVENUE PEDESTRIAN PATHWAY - TDA ARTICLE 3
Issue Summary
C. Atty
C. Mgr.
The Community Development Department has applied for Federal Funds under the Transportation
Development Act (TDA) through the Metropolitan Transportation Commission (MTC) for
bicycle /pedestrian paths and lanes. As part of MTC's guidelines, the attached resolution
is to be approved, certified and forwarded along with our formal application and related
material. The requested funds are for FY 1984 -85 for the Herriman Avenue Pathway at
the approaches to the Saratoga Creek Bridge.
This project has been developed from a pedestrian safety study conducted in March, 1983,
which indicates the need for a pathway along the inside of the curve on Herriman Avenue
at Saratoga Creek (copy of Memo and Data is attached). The project would consist of
a 4 foot wide asphalt concrete pathway, constructed in back of existing concrete curb
and gutter along the curve -a- linear alignment at the approaches to the Saratoga Creek
Bridge.
Anticipated construction is proposed for Spring of 1985.
Recommendation
The Community Development Department recommends the City Council approve the attached
resolution approving the project and authorizing the submittal of a claim.
Fiscal Impacts
The estimated cost for the above project is $5,000.00 of which the City will be
reimbursed under the TDA.
This project not currently budgeted. It is anticipated to be included in the FY 1984 -85 Budget.
Exhibits /Attachments
1. Resolution approving submittal
2. Environmental Assessment /Notice of Exemption
3. TDA Application
4. Memo and Data from March 1983 Herriman Avenue Pedestrian Study
Council Action
2/1: Adopted Resolution 2120 5 -0.
RESOLUTION NO.
RESOLUTION AUTHORIZING.THE FILING OF AN APPLICATION
WITH THE 14ETROPOLITAN TRANSPORATTION COMMISSION FOR
ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS
FOR FISCAL YEAR 1934 -1935
WHEREAS, The Transporation Development Act of 1971 provides
for the disbursement of funds from the Local Transportation Fund of
The County of Santa Clara for use by eligible claimants for the.
purpose of pedestrian /bicycle projects; and
WHEREAS, pursuant to the rules and regulations that have been
adopted by the Secretary of the Business and Transportation Agency
of the State of California in accordance with the provisions of. -the
aforementioned legislation, an eligibles claimant wishing to receive
an allocation from the Local Transportation Fund shall file its
application with the appropriate transportation planning agency; and
WHEREAS, funds from the Local Transportation Fund will be
required to construct pathway project on a portion of Herriman
Avenue; now, therefore, be it
RESOLVED, by City Council that the Mayor of Saratoga is
authorized to execute and file and appropriate claim pursuant to
the terms of the Transportation Development Act of 1971, as amended,
and pursuant to applicable rules and regulations promulgated
thereunder, together with all necessary supporting documents, with
the Metropolitan Transportation Commission, for fiscal year 1980 -81
Transportation Development Act monies; and be it further
RESOLVED, that a copy of this resolution be transmitted to
the Metropolitan.Transportation Commission in conjunction with the
filing of the claim; and the Metropolitan Transportation Commission
be requested to concur in these findings and grant the allocations
of funds as specified herein.
The above and
by the City Council
thereof held on the
vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
foregoing resolution was passed and adopted
of the City of Saratoga at a regular meeting
1st day of February, 1984, by the following
MAYOR
Pedes �ro.� .�a�hway
IORM L•IA -la
CITY OF SARATOGA
ENVIRMNMENTAI IMPACT QUESTIONNAIRE
(to be completed by applicant)
FILING FEE: $ DATE: Ja'ga'' -y 1,6,198¢ FILE NO:
GENERAL IN'FORILITION:
1. Name and address of developer or project Sponsor-.
Co�rr,N�if eve% �e C/y of So�^aE�4
7c
2. Address of project: �.. 95
�vehGlP
brid e a raQC Srtra Creek
Assessor's Parcel Number:
3. Name, address and telephone number of person to be contacted concerning
this project: Rohm. -� S Stiaa,� Direefor
eve `aDrn 40 8 7 -3438
4. Indicate number of the permit application for the project to which this
form pertains:
S. List and describe any other related permits and other public approvals 1
required for this project, including those required b city,
state and federal agencies: /Y /A y y� regional,
6. Existing zoning district: ,Q /—/000(0
7. Proposed use of site (project for which this form is filed):
Sha�� ca�crez�e Deo��s�i�i�r� rr��wa y
S. Site size. .¢� x_¢p�� tQ So-+
9. Square footage: 2 pQQ S F
10. Number of floors of construction: '
11. Amount of off- street parking:
12. Attached plans? Yes �_ _
No
13. Proposed scheduling: �'O/�S�i'Lle� _ .9 /985
14. Associated projects: Np�
15. Anticipated incremental development: /Yo/9e
i
16. If residential, include the number of units, schedule of unit sizes,
range of sale prices or rents, and type of household.size expected:
N
Izaa
s•
1 YL-S NO
28. Site on filled land or on slope of 10 percent or more.
29
l� 3 0.
Use of disposal of potentiall%, hazardous rMterials, such as
toxic substances, flammables or explosives.
Substantial change in demand for municipal services (police,
fire, water, sewage, etc.).
!/ 31. Substantially increase fossil fuel consumption (electricity,
oil, natural gas, etc.).
v 32.
Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING:
33. Describe the project site as it exists before the project, including
information on topography, soil stability, plants and animals, and any
cultural, historical or scenic aspects. Describe any existing struc-
tures on the site, and the use of the structures.
is /oca- ��crv�;�i sa,e ex�sfii> r: f o% wa errimrr�
a a eollecg<ir s tee r n i� ea e� w sFer /y
be Aui eery Sant 4 f�v �S' 4 - S daa
o eg wesf 0
�- rp oSe i in a� ex�.i'�in� G'p1r�crc�Fe -•�
- -_Gur 9 dY1 Lll�ilyl�p Of/2 JK ctc� �,f' e s'1fW��Gdir.` �y6f
The �u.�`i �-c� is coo 6 e la c� fear along Ede So ZA A4,erly - we s f�rly
34. Describe the surrounding properties, including information on plants
and animals and any cultural, historical or scenic aspects. Indicate
'the tyre of land use (residential, commercial, etcs.), intensity of
land use (one - family, apartment houses, shops; department stores, etc.)
and scale of development height, frontage, setback, rear yard, etc ).
urro ra e r r<� e s ape w ;& vn& e �q
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e s�
�Sclo `v e arc s 6 ferrate
ofGr 17"e rein gyp. a� SarGfo a -S�Gr ay ✓�,Oa)
CERTIFICATION:
I hereby certify that the statements furnished above and in the attached
exhibits present the data and information required for this initial
evaluation to the best of my ability, and that the facts, statements
and information presented are true and correct to the best of my know-
ledge and belief.
DATE:
IV signature
For: /Coder J, S.4eo G
NOTICE OF EXI MPTION
TO: SECRETARY FOR RESOURCES
1416 Ninth Street, Room 1.311
Sacramento, California 95814
X County Clerk
County of Santa Clara
191 North First Street
San Jose, California 95112
PROJECT TITLE: Herriman Avenue Pedestrian Pathway
FROM: City of Saratoga
Dept. of Comm. Development
13777 Fruitvale Avenue
Saratoga, California 95070
PROJECT LOCATION - Specific: Southern and western sides of Herriman Avenue
at the - bridge approaches of Saratoga Creek
3
PROJECT LOCATION - City: Saratoga PROJECT LOCATION - County: Santa
Clara
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT: Construction of a 4' wide,
400' to 5001.1ong, aspFialt concrete pedestrian pa. way within the existing right -
of -way of Herriman Avenue. The purpose of the pathway is to improve pedestrian
safety near the b.ridge area. This benefits and enhances the safety of Saratoga
residents which live in or walk through this area.
NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Saratoga
NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: City of Saratoga
EXEMPT STATUS: (check one)
Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071 (b)(c)) X Categorical Exemption. (State type
and section number):
Section 15304..Minor Altera-
tions to Land
REASON WHY PROJECT IS EXEMPT: Project would require minor grading within existing
Fight-.9f.-way wiEh an average slope of J ess than 10% and would not requite _
grading within Saratoga Creek. No major vegetation removal will be required.
This activity is similar to.the creation of bicycle lanes of existing right -of-
way which is specifically exempt from CEQA.
CONTACT PERSON: Robert S. Shook, Director.of Community Development, City of Saratoga
(408) -867 -3438
If filed by applicant: 1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving
the project? Yes No
DATE RECEIVED FOR FILING:
Robert S. Shook
Director of Community Development
V/( -/g
Date
APPLICATION DOCUMENTS: TDA ARTICLE 3
Bicycle /Pedestrian Projects
Claimant: City of Saratoga Contactperson: Erman Dorsey
County: anta Clara Telephone: (408) 867 -3438
Name of Project: Herriman Avenue Pedestrian Pathway Amount of Claim: $5,000.00
Type and extent of project (check and complete requested information)
Bike Path (Class 1) _ (length) Other Bicycle Facilities (type)
Bike Lane (Class II) _ (length) Pedestrian Walkway X 400 f t . (length)
Shared Route (Class III) _ (length) Other Pedestrian Facilities _ (type)
Bicycle Parking Facilities _ (number /type)
Project Description:
Construction of a four (4)..foot wide asphalt concrete pedestrian
pathway in back of existing goncrete curb along the southerly and
westerly side of Herriman Avenue, along the curve -a- linear alignment
at the approaches to the Saratoga Creek Bridge.
Financial Plan: Costs for planning, engineering, right -of -way, construction, contingencies, etc.; total cost of project and other
funding sources. If this is a segment of a larger project, include prior and proposed funding sources for other
segments.
I. Project Eligibility (If no, give approximate date of completion in comments.)
A. Is the project approved by the governing agency (City Council or Board of
Supervisors ?)
B. If a bikeway, does the project meet Caltrans' mandatory minimum safety
design criteria? (Planning and Design Criteria for Bikeways in California,
1978)
C. Has the environmental impact documentation been completed? (See
Appendix II in TDA section, MTC Fund Allocation Manual.)
EIR
Negative Declaration
Notice of Exemption X
D. Is the project ready to complete within the next fiscal year?
1. Right -of -way purchased
2. Agreement of all cities and other agencies involved
3. Commitment of other necessary funds
4. Preliminary design completed
.5. Final cost estimate. Financial plan completed
E. Provisions have been made to maintain the facility
by claimant X other
Comment:
YES NO
set for
2/l/84 meeting
N/A
In Process
X
N/A
N/A
X
_ X
i01
II. Evaluation Criteria (Answer questions, check as many lines as apply and include any additional information in Comments.)
YES NO
A. Does the project eliminate problem areas on routes which would
provide relatively safe travel uses? X
1. Bridge or removal of barrier 4. Substandard grates.or culverts
2. Narrow road segments 5. High traffic volume and speed
3. Removal of parking 6. Other
Comment:
B. Does the project provide access to or bicycle parking in high use activity
centers?
Access Parking
1. Employment
2. Commercial
3. Educational
4. Public transportation interface
5. Governmental or social service centers
6. Cultural or recreational
7. Other
C. Does the project provide for the improvement of bicycle /transit or
pedestrian/ transit commute use?
Comment:
D. Does the project provide connection to and continuity of longer routes?
1. On adopted _county bicycle or pedestrian facilities plan
2. On adopted local bicycle or pedestrian facilities plan
Comment
E. Is there demonstrated local support?
1. Initiated or supported by community or bicycling
organizations
2. Initiated by -local employers or employee groups
3. Public hearing held
4. Local funding (amount ) �_
5. Local planning or engineering effort
Comment;
F. Special Circumstances:
YES NO
X
(Please Identify)
YES NO
X
X
X
G. Additional Materials Required (attach.or indicate when each will be provided to MTC).
1. Project location map.
2. Enviromental document. See Appendix II in TDA Section, pages 79 -89. Please note that the copy of a Notice of Exemp-
tion or Negative Declaration which is sent to MTC must show a stamp of receipt for filing by the County Clerk or State
Secretary of Resources.
3. Legal counsel's opinion that addresses three points (see TDA Application Document Section on page 54):
(a). That the claimant is authorized to perform the project for which the funds are claimed.
(b). That claimant is eligible to claim under PUC Section 99234.
(c). That there is no legal impediment to the claimant applying for funds or there is no pending or threatened litigation
which might adversely affect the project or the ability of the claimant to carry out the project.
4. Governing body resolution approving the project and authorizing the submittal of a claim.
NOTE: References are to Fund Application Manual, MTC, 1980.
B. Does the project provide access to or bicycle parking in high use activity
centers?
1. Employment Access Parking
2. Commercial
3. Educational
4. Public transportation interface
5. Governmental or social service centers
6. Cultural or recreational
7. Other
C. Does the project provide for the improvement of bicycle /transit or
pedestrian/ transit commute use?
Comment: -
D. Does the project provide connection to and continuity of longer routes?
1. On adopted county bicycle or pedestrian facilities plan
2. On adopted local bicycle or pedestrian facilities plan
Comment: '
E. Is there demonstrated local support?
1. Initiated or supported by community or bicycling
organizations
2. Initiated by local employers or employee groups
3. Public hearing held —
4. Local funding (amount )
5. Local planning or engineering effort �-
Comment:
F. Special Circumstances:
YES NO
X
(Please Identify)
YES NO
X
X
X
G. Additional Materials Required (attach.or indicate when each will be provided to MTC).
1. Project location map.
2. Enviromental document. See Appendix 11 in TDA Section, pages 79 -89. Please note that the copy of a Notice of Exemp-
tion or Negative Declaration which is sent to MTC must show a stamp of receipt for filing by the County Clerk or State
Secretary of Resources.
3. Legal counsel's opinion that addresses three points (see TDA Application Document Section on page 54):
(a). That the claimant is authorized to perform the project for which the funds are claimed.
(b). That claimant is eligible to claim under PUC Section 99234.
(c). That there is no legal impediment to the claimant applying for funds or there is no pending or threatened litigation
which might adversely affect the project or the ability of the claimant to carry out the project.
4. Governing body resolution approving the project and authorizing the submittal of a claim.
NOTE: References are to Fund Application Manual, MTC, 1980.
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13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 867 -3438
TO: Director of Community Development
FROM: Erman Dorsey
SUBJECT: Herriman Avenue Pedestrian Study
DATE: 3/22/83
Recently a vehicle - pedestrian count was conducted on Herriman Avenue
at the Saratoga Creek bridge. The count was conducted on Tuesday,
March 15, 1983; the weather was clear and dry; with counts taking
place between 7:00 A.M. and 9:00 A.M. and between 2:00 P.M. and 4:00 P.M.
The data sheet for these counts is attached.
From the field observations during the count the vehicle /pedestrian
conflict is minor as compared to the bicycle /moped /pedestrian potential
conflict on the southerly side of the roadway. Bicycles and mopeds
traveling eastbound seam to be exceeding a safe speed for conditions.
(this is a. downhill stretch) Pedestrians walking along the left edge
of the roadway, westbound are in an area that is somewhat blind for
them as well as approaching traffic.
Construction of a 4 foot wide A.C. pedestrian pathway in the area
behind the curb, through the area described above, for an estimated
cost of $4,000.00 would provide safety for the pedestrians using the
southerly side of Herriman Avenue (sketch & estimate is attached)
I would encourage the enforcement be present periodically in this
area during the A.M. and P.M. times when students are going to and
from their respective schools, 10 keep in check the vehicles, mopeds,
bicycles and pedestrians.
!ate
PER R IMAM *4 V4Fyvz!
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CITY OF SARATOGA
Initial:
AGENDA BILL NO: Dept. Head
- Lb- -,
DATE: January 25, 1984 City Atty
DEPARTMENT: Maintenance City Mgr
----------------------------------------------------------------------------------------------
SUBJECT: Supplement Number Four to the Local Agency - State Agreement for
Federal Aid Projects (Culvert Replacement on Mt. Eden Road)
---------------------------------------------------------------------------------------- - - - - --
Issue Summary
The repair of the damage caused to the two culverts on Mt. Eden Road during last winter's
storms is being funded under the Federal Aid for Emergency Relief Act. In order to
complete our application for funds, a supplement to the City's Master Agreement for
Federal Aid Projects dated August 17, 1977 must be formally approved by the City Council.
The accompanying Resolution approves Supplement Number Four.
Recommendation
Adopt the Resolution approving the program and authorize its execution.
Fiscal Impact
This supplement will make $56,500 of Federal Aid Funds available to the City.
Attachments /Exhibits
1. Resolution No.
2. Supplement Number Four with Exhibit B
3. Master Agreement
Council Action
2/1: Approved Resolution 2119, 5 -0.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING SUPPLEMENT TO
MASTER AGREEMENT FOR FEDERAL AID PROJECTS AND AUTHORIZING ITS EXECUTION
WHEREAS, the City of Saratoga is applying for federal funds in order to repair storm
damage caused to two culverts on Mt. Eden Road, and
WI]EREA.S, in order to apply for these funds it is necessary for a supplement to
the City's Master Agreement for Federal Aid Projects dated August 17, 1977, to be
approved and its execution authorized.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
does approve Program Supplenent No. 4 to Local Agency -State Agreement No. 04 -5332
for funding of Federal aid project No. 04- SCL -0-Sar ER 1135(1) on FAU Route
C155 on Mt. Eden Road between 0.1 mile and 0.3 mile from Pierce Road, and
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the above supp-
lement.
The above and foregoing resolution was passed and adopted by the City Council
of the City of Saratoga.at a regular meeting held on the 1st day of February,
1984, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMFJIAN, Govemor
DEPARTMENT OF TRANSPORTATION
FRA
BOX 7310 RECEIVED a (415) 557^1840 O 94120 c'
SAN DEC 1983
O,UU -NItt D F,U &M T
December 19, 1983
i,'i_ ! 1... 04- SCL -0-Sar
ER 1135(1)
Robert S. Shook
Director of Public Works
CitY/t)OPOWof Saratoga
13777 Fruitvale Ave.
Saratoga. Ca. 95070
Attention: Daniel 0. Trinidad
Dear Mr. Shook:
Attached are two copies of Program Supplement No. 4 t.
Local Agency - State Agreement NOG4 -5332 for funding of the
above - referenced Federal- aidroject on FAU RTE. C155 on Mt Eden Rd
between 0.1 mile and 0.3 mile from Pierce Rd.
If the Supplement is satisfactory, please have both copies
signed by the appropriate CityXXXXXXJ officials, and enter
the resolution number and date of execution on the first
page. Return both copies of the exeucted Supplement together
with a certified copy of the CitY'sXXMYJXX Resolution
approving the Program and authorizing its execution.
Sincerely yours,
BURCH C. BACHTOLD
% R#,%& District Director
By
G. Stan Mag owan -J �! /
Local Assistance Engr
Attach.
u
Local Agency City of Saratoga
Date October 24, 1983 .
Supplement No. 4
To Local Agency —State
Agreement No. 0 4 - 5 3 3 2
ER- 1135(1)
PROGRAM
OF
LOCAL AGENCY FEDERAL -AID EMERGENCY RELIEF PROJECT
IN THE
CITY OF SARATOGA
Local Agency
Pursuant to the Federal Aid for Emergency Relief Act, the attached "Program" of Federal
Aid for Emergency Relief Projects marked "Exhibit B" is hereby incorporated in that Master
Agreement for the Federal -Aid Program which was entered into between the above named
LOCAL AGENCY and the STATE on August 17, 1977 and
is subject to all of the terms and conditions thereof.
The subject program is adopted in accordance with Paragraph 2 of Article II of the afore-
mentioned agreement under authority of City/ "i4 Resolutions No.
approved by the City CouncilW%U&D&LWKA�( n
(See copy attached).
Approved for State
District Director of Transportation
District 4
Department of Transportation
D A -257 (2/81)
CITY OF SARATOGA
Local Agency
By
Attest:
Clerk
Date
I hereby Certify upon my own personal knowledge that budgeted funds are availabfe
for this encumbrance.
Accounting Officer
$64q SC) b,p
Chapter
Statutes
Item
Fiscal Year
Program
NSU
Category
Fund Source
�2bbD _)01
.30.
D�aL
-Qq
083 3
t d_,U
M3-8V
0165"0
Date: October 24, 1983
PROGRAM -
OF
FEDERAL AID D ERGENCY RELIEF PROJECTS
PROGRAM SUPPLEMENT NO. 4
roject No. I Location & Description
,ER 1135(1) 04- SC1- 0 -Sar: FAU Route
C155 on Mt. Eden Rd.
between 0.1 mile and 0.3
mile from Pierce Rd. in
the City of Saratoga.
al Cost Es
$56,500
eras Funds
$56,500
EXHIBIT B
Local Agency:
City of Saratoga
Matc ing un s*
SDR: Saratoga #3
Emergency Opening *Local Agency Funds
unless otherwise
specified
Special Covenants or Remar s: 1. The. City of Saratoga will advertise, awar an a mini.ster.t is project.- e City
will obtain State's concurrence prior to either award or rejection of contract. Project will be constructed in
accordance with normal local practices. 2. All emergency work under this agreement will be in progress by 9- 30 -83.
3. The effective date of this agreement is 1- 21 -83. 4. The City of.Saratoga agrees the payment of Federal funds
will be limited to the Detail Estimate amount approved by the Federal Highway Administration in the Federal -Aid
Project Agreement (PR -2) or its modification (.PR -2A). 5. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for
Federal -Aid Program. 6. Federal funds may be- adjusted due to proration for entire program.
DLA- 257A(2 -82)
-r
fAt
LOCAL AGUICY STATE l RERAN f
FOR
,!:: :C.EIVEJ
FEDERAL-AID PROJECTS
' ;•: ��ion of
04 Santa Clara Saratoga
District ounty City
AGREEMENT NO._ o4 -5332.
14ASTER AGREEMENT
THIS AGREEMENT, made in dulDlieate this 17 day of
August 19 77, by and between the City of Saratoga ,
pol itica subdivision s) of the State of California hereinafter referred
to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through
the Department of Transportation, herinafter referred to as "STATE ".
WITNESSETH:
WHEREAS, the Congress of the United States has declared it to be
in the national interest for Federal Funds to be expended for highway,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized may be made
available for use on local transportation facilities in accordance
with th,2 intent of Federal acts;.and
WHEREAS, there exists a compelling need for improvements or
restoration of roads, streets, highways, fringe parking, and public
transportation facilities within the boundaries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of
such Federal funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY; and
WHHEREAS, before Federal -aid will be made available for projects,
LOCAL AGENCY and STATE are required to enter into an agreement relative
to prosecution of the said project and maintenance of the completed
facility.
DH -OL A 255 (4 -77)
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS .
1. Projects located in urbanized areas (unless exempt) must
be part of a program which.serves to implement an areawide plan held
currently valid by the regional transportation policy board.
2. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its performance.
3. Funds apportioned such as the STATE's share of FAS funds
are considered Federal -aid funds.
ARTICLE II - IMPROVEMENTS /RESTORATIONS
1. The term "IMPROVEMENT" or "RESTORATION" as used herein
means any work that is financed in part with Federal funds.
2. The Supplemental Local Agency -State Agreement (program
supplement) shall be in a form prescribed by STATE; and shall
designate who shall advertise, award, and administer the contract,
the Federal funds requested, and the matching funds to be provided
by LOCAL AGENCY, and, if a State Highway is involved, the matching
funds to be provided by STATE. Adoption of the program supplement
by LOCAL AENCY and approval by STATE shall cause such program
supplement to be a part of this agreement as though fully set forth
herein. Unless otherwise delegated the program supplement shall be
approved by the LOCAL AGENCY's governing body. Cooperative projects
including Mork on a State highway shall be the subject of a separate
cooperative agreement.
3. In processing 111PROVEIIENTS or RESTORATIONS, LOCAL AGENCY
will conforai to ail STATE statutes, regulations and procedures (in-
cluding those se't forth in the STATE's Local Programs Manual) re-
lating to the Federal -aid program and to all applicable Federal laws,
regulations, and policy and procedural or instructional memoranda.
This includes, but is not limited to, the holding of public hearings
when required, the publishing of various press notices, and the pre-
paration of plans, specifications, and estimates.
4. Unless otherwise designated in the approved program supple-
ment, improvements will be constructed by contract in accordance with
DH -OLA 255 (4 -77 -2-
Certification Acceptance procedures approved by the FFIWA. Such pro-
cedures require the use of Specifications described in the State's
Certification; STATE approval of plans_, special provisions and esti-
mated costs prior to advertisement; a certification by LOCAL AGENCY
with respect to the right -of -way; and advertisement for a minimum
of 3 weeks prior to bid opening. The contract will be awarded by
LOCAL AGENCY, its agent, or by STATE as may be determined between
the parties prior to each project advertisement.
5. When the IMPROVEMENT or RESTORATION includes work to be
performed.by a railroad, the contract for such work shall be entered
into by LOCAL AGENCY or by STATE, as parties hereto agree. A con-
tract entered into by LOCAL AGENCY for such work must have prior
approval of STATE. In either event, LOCAL AGENCY shall enter into
an agreement with the railroad providing for maintenance of the pro-
tective devices or other facilities installed under the service
contract.
6. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each improvement, including contracts awarded
by STATE. With prior State approval, surveying, inspection and test-
ing may be performed by a consulting engineer provided an employee of
LOCAL AGENCY is in responsible charge.
7. STATE shall exercise general supervision over Federal -aid
improvements and may assume full and direct control over the project
whenever STATE, at its sole discretion, shall determine that its
responsibility to the United States so requires. LOCAL AGENCY
contracts shall so stipulate.
ARTICLE III - RIGHTS -OF -WAY
1. No contract for the construction of a Federal -aid IMPROVE-
MENT or RESTORATION project shall be awarded until the necessary
rights -of -way have been secured. Prior to the advertising of a proj-
ect on a local street, LOCAL AGENCY shall certify and upon request
shall furnish STATE with evidence that necessary rights -of -way are
available for construction purposes or will be available by the time
of contract award.
2. LOCAL AGENCY agrees to hold STATE harmless from any lia-
bility which may result in the event the right -of -way is not clear
as certified. The furnishing of right -of -way as provided for herein
includes, in addition to all real property required for the improve-
ment free and clear of obstructions and encumbrances affecting the
DH -OLA 255 (4 -77) -3-
proposed project, the payment as required by applicable law of dam-
ages to real property not actually taken but injuriously affected by
the proposed improvement. LOCAL AGENCY shall pay from its funds
any costs which arise out of delays to the contractor because utility
facilities have not been removed or relocated, or because rights -of-
way have not been made available to the contractor for the orderly
prosecution of the work.
3. Subject to STATE approval and such supervision over LOCAL
AGEN CY's right -of -way acquisition procedures as STATE may determine
is necessary, LOCAL. AGENCY may claim reimbursement from Federal funds
for expanditiares to purchase rights -of -way included in an approved
project.
4. The LOCAL AGENCY will comply with Title II and III of the
Uniform Real Property Acquisition Policy.
5. Whether or not Federal -aid is to be requested for right -of-
way, should LOCAL AGENCY, in acquiring richt -of -way for a Federal -aid
I11FROVENENT,. displace an individual, family, business, farm operation,
or non- profit organization, relocation payments and services will be
provided as set forth in Chapter 5 of Title 23, U.S. Code. The public
will be adequately informed of the relocation payments and services
which will be available, and, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move from
his dwelling or to move his business or farm operation without at least
90 -days vr•itten notice from the LOCAL AGENCY. LOCAL AGENCY will pro-
vide the State with specific assurance, on each project, that no person
will be displaced until comparable decent, safe and sanitary replace-
ment housing is available within a reasonable period of time prior to
displacement, and that LOCAL AGENCY's relocation program is realistic
and is adequate to provide orderly, timely and efficient relocation
of displaced persons for the project as provided in FIIPM 7 -5.
ARTICLE IV - FISCAL PROVISIONS
1. When a Federal -aid IMPROVEMENT or RESTORATION-contract is
to be awarded by STATE, matching funds will be provided by LOCAL AGENCY
prior to the time that such funds are required to reimburse contractor.
STATE will bill LOCAL AGENCY for amount due immediately following con-
tract award, or at option of LOCAL AGENCY, will submit monthly bills
during life of contract.
2. The estimated total cost of Federal -aid projects, the amounts
of Federal -aid programmed, and the matching amounts agreed upon may be
DH -OLA 255 (4 -77) -4-
adjusted by mutual consent of the parties hereto, provided funds are
available to cover increases and provided Federal Highway Administration
concurs in any increase in the Federal -aid.
3. Upon submittal by LOCAL AGENCY of a statement of expenditures
for Federal -aid improvements, STATE will pay its agreed share and if
permitted by State Law will advance an amount equal to the legal pro
rata Federal share of the costs believed to be eligible for participa-
tion with Federal funds or will voucher Federal Highway Administration
for reimbursement.
4. LOCAL AGENCY shall use its own funds to finance the local
share of eligible costs and expenditures ruled ineligible for financ-
ing with Federal funds. STATE shall make preliminary determination
of eligibility for Federal fund financing. Ultimate determination
shall rest with the Federal Highway Administration. Any overpayment
of amounts due shall be returned to STATE upon demand.
5. When any portion of a LOCAL AGENCY project is,performed by
STATE, charges therefor shall include assessment on direct labor costs
in accordance with Section 8755.1 of the State Administrative Manual.
The portion of such charges not financed with Federal funds shall be
paid from funds of LOCAL AGENCY.
6. Should LOCAL AGENCY fail to pay monies due STATE within 30.
days of demand or within such other period as may be agreed between
the parties hereto, STATE, acting through State Controller, may with-
hold an eqtial amount from future apportionments due LOCAL AGENCY from
the Highway Users Tax Fund.
7. Auditors of STATE and the United States shall be given access
to LOCAL AGENCY's books and records and shall be given such assistance
and information as is requested for the purpose of checking costs paid,
or to be paid by STATE hereunder.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect with respect
to any project unless and until said project has been authorized by
the Federal Highway Administration and a Program Supplemental Agree-
ment has been executed.
2. The Congress of the United States, the Legislature of the
State of California, and the Governor of the State of California,
each within their respective jurisdiction, have prescribed certain
employment practices with respect to contract and other work financed
DH -OLA 255 (4 -77) -5-
.,
with Federal or State funds. LOCAL_ AGENCY shall insure that work per-
formed under this agreement is done in conformance with rules and
regulations embodying such requirements where they are applicable.
Nondiscrimination Assurances, Exhibit "A ", are hereby considered a
part of this agreement.
3. When Federal funds are to participate in the cost of work
done by a consultant, the agreement or contract with the consultant
may not be executed or awarded until the selection of the consultant
and the terms of the agreement or contract have been approved by
STATE. Such agreement or contract shall include a provision that
the work and records of the consultant are subject to inspection at
all times by representatives of LOCAL AGENCY, STATE and the Federal
Highway Administration and that agreement or contract may be terminated
by LOCAL AGENCY upon a finding that the consultant is failing to live
up to the terms of the agreement or contract. All major changes in
the agreement or contract must have prior approval of the STATE. As
soon as agreement or contract with consultant has been awarded, two
certified copies of said agreement or contract shall be submitted to
STATE.
4. LOCAL AGENCY and its contractors shall retain all original
records and documents relating to work hereunder financed in part
with Federal funds and shall make same available for inspection by
STATE and Federal representatives upon request. Following final
settlement of the project accounts with the Federal Highway Adminis-
tration, such records and documents may be microfilmed at the option
of LOCAL AGENICY, but in any event shall be retained for a three -year
period after FHWA payment of final voucher, or a four -year period from
the date of final payment under the contract, whichever is longer.
5. (a) Neither STATE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of any-
thing done or omitted to be done by LOCAL AGENCY under or in connection
with any work, authority or jurisdiction delegated to LOCAL AGENCY
under this agreeme►it. It is also understood and agreed that, pursuant
to Government Code Section 895.4, LOCAL-AGENCY shall fully indemnify
and hold STATE harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by LOCAL AGENCY under or in connection with any work,
authority or jurisdiction delegated to LOCAL AGENCY under this agreement.
(b) Neither LOCAL AGENCY nor any officer or employee thereof,
shall be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in connection with
any work, authority or jurisdiction not delegated to LOCAL AGENCY under
this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall fully indemnify and hold
DH OLA 255 (4 -77) -6-
LOCAL AGENCY harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to LOCAL AGENCY under this
agreement.
ARTICLE VI - MAINTENANCE
1. Upon acceptance by the awarding authority of a completed
Federal -aid project or upon the contractor being relieved of the
responsibility for maintaining and protecting a portion of the work,
the agency having jurisdiction over the transportation facility
shall maintain the completed work in a manner satisfactory to the
authorized representatives of the State and the United States. If,
within 90 days after receipt of notice from STATE that a project on
a transportation facility under its jurisdiction or any portion thereof,
is not being properly maintained, LOCAL AGENCY has not satisfactorily
remedied the conditions complained of, the approval of further Federal -
aid projects of LOCAL AGENCY will be withheld until the project shall
have been put in a condition of maintenance satisfactory to STATE and
the Federal Highway Administration. The provisions of this section
shall not apply to a transportation facility which has been vacated
through due process of law.
2. The maintenance referred to in paragraph 1 above includes
not only the physical condition of the facility but its operation as
well. Traffic Operations Improvements on local streets shall be main-
tained by an adequate and well- trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL AGENCY,
another unit of government or a consultant under contract with a LOCAL
AGENCY.
DH -OLA 255 (4 -77)
-7-
IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 04.
.
By / . , .'
Deputy District Director of ransportation
Approval Recommended:
Local Assistance Engineer
DH -OLA 255 (4 -77) _g
CITY OF SARATOGA
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I I IE I F "A"
NONDISCRIMINATION ASSURANCES
The NUffTY /CITY of Sarato r<-, (hereinafter)
referred to as the RECIPIENT HEREBY AGREES THAT as a condition to
receiving any Federal financial assistance from the California Department
of Transportation, acting for the U. S. Department of Transportation, it
will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42✓U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT),
and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the
Federal -aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent
directives, no person in the United States shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the RECIPIENT receives Federal
financial assistance from the Federal Department of Transportation,
HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary
to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
More specifically and without limiting the above general assurance,
the RECIPIENT hereby gives the following specific assurances with respect
to its Federal -aid Program:
1. That the RECIPIENT agrees that each "program" and each
"facility" as defined in subsections 21.23 (e) and 21.23 (b) of
the REGULATIONS, will be (with regard to a "program ") conducted,
or will be (with regard to a "facility ") operated in compliance
with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That the RECIPIENT shall insert the following notification
in all solicitations for bids for work or material subject to the
REGULATIONS made in connection with the Federal -aid Program and,
in adapted form in all proposals for negotiated agreements:
DH -OLA 255 (4 -77) -9-
AGREEMENT
EXHIBIT "A"
The (CCt:lilTY /CITY of Sarat:orza or
other approved contracting authority hereby notifies
all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportu-
nity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color,
sex, or national origin in consideration for an award.
3. That the RECIPIENT shall insert the clauses of Appendix A
of this assurance in every contract subject to the ACT and the
REGULATIONS.
4. That the clauses of Appendix B of this assurance shall be
included as a covenant running with the land, in any deed from the
United States effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
5. That where the RECIPIENT receives Federal financial assist-
ance to construct a facility, or part of a facility, the assurance
shall extend to the entire facility and facilities operated in connec-
tion therewith.
6. That where the RECIPIENT receives Federal financial assist-
ance in the form, or for the acquisition of real property or an interest
in real property, the assurance shall extend to rights to space on,
over, or under such property.
7. That the RECIPIENT shall include the appropriate clauses
set forth in Appendix C of this assurance, as a covenant running with
the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the RECIPIENT with other parties:
(a) for the subsequent transfer of real property acquired
or improved under the Federal -aid Program; and
(b) for the construction or use of or access to space on,
over, or under real property acquired, or improved
under the Federal -aid Program.
B. That this assurance obligates the RECIPIENT for the period
during which Federal financial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property or interest therein
or structures or improvements thereon, in which case the assurance
obligates the RECIPIENT or any transferee for the longer of the fol-
lowing periods:
DH -OLA 255 (4 -77) -10-
AGREEMENT
EXHIBIT "A"
• (a) the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the RECIPIENT retains own-
ership or possession of the property.
9. The RECIPIENT shall provide for such methods of administra-
tion for the program as are found by the U. S. Secretary of Transpor-
tation, or the official to whom he delegates .specific authority., to
give reasonable guarantee that it, other recipients, subgrantees, con-
tractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed by,`or pursuant to, the
ACT, the REGULATIONS and this assurance.
10. The RECIPIENT agrees that the United States and the State
of California have a right to seek judicial enforcement with regard
to any matter arising under the.ACT, the REGULATIONS, and this
assurance.
THIS ASSURANCE is given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the
date hereof to the RECIPIENT by the California Department of Transpor-
tation- I. acting for the U. S. Department of Transportation, and is
binding on it, other recipients, subgrantees, contractors, subcon-
tractors, transferees, successors in interest and other participants
in the Federal -aid Highway Program.
DH -OLA 255 (4 -77) -11-
AGREEMENT
EXHIBIT "A"
APPENDIX A
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter referred
to as the CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: The CONTRACTOR shall comply
With the regulations re ative to nondiscrimination in Federally- assisted
programs of the Departrnv2nt of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (here-
inafter referred to as the REGULATIONS), which are herein incorporated
by reference and made a part of this contract.
(2) Nondiscrimination: The CONTRACTOR, with regard to the
work performs by it ur riig the contract, shall not discriminate on
the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONTRACTOR shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the contract
covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Subcontracts Including Procurements of
Materials an�] c ment: In a so icitations either- y compet'itive
F ing or negotiation made by the CONTRACTOR for work to be performed
under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the CONTRACTOR of the contractor's obligations under this contract
and the REC4JLATIONS relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Inforriation and Reports: The CONTRACTOR shall provide all
information anTreports required by the REGULATIONS, or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State highway department or the Federal Highway
Administration to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of a con-
tractor is in the exclusive possession of another who fails or refuses
to furnish this information, the CONTRACTOR shall so certify to the
State highway department, or the Federal Highway Administration as
appropriate, and'shall set forth what efforts it has made to obtain
the information.
(5) Sanctions for Noncompliance: In the event of the CONTRACTORS's
noncompliance with the nondiscrimination provisions of this contract,
DH -OLA 255 (4 -71) -12-
AGREEMENT
EXHIBIT "Au
the State highway department shall impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the CONTRACTOR under
the contract until the CONTRACTOR complies; and /or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The CONTRACTOR shall include
the provisions of paragraphs through (6) in every subcontract,
including procurements of materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto.
The CONTRACTOR shall take such action with respect to any subcontract
or procurement as the State highway department or the Federal Highway
Administration may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litiga-
tion with a subcontractor or supplier as a result of such direction,
the CONTRACTOR may request the State highway department to enter into
such litigations to protect the interests of the State, and, in addition,
the CONTRACTOR may request the United States to enter into such litiga-
tion to protect the interests of the United States.
DH -OLA 255 (4 -77) -13-
AGREEMENT
EXHIBIT "A"
APPENDIX B
The following clauses shall be included in any and all deeds
effecting or recording the transfer of real property, structures or
improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized
by law, and upon the condition that the RECIPIENT will accept title to
the lands and maintain the project constructed thereon, in accordance
with Title 23, United States Code, the Regulations for the Adminis-
tration of Federal Aid.for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of
Transportation and, also in accordance with and in compliance with the
Regulations pertaining to and effectuating the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to
2000d -4), does hereby remise, release, quitclaim and convey unto the
RECIPIENT all the right, title and interest of the Department of Trans-
portation in and to said lands described in Exhibit "A" attached here-
to and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the
RECIPIENT and its successors forever, subject, however, to the covenant,
conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real prop-
erty or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision
of similar services or benefits and shall be.binding on the RECIPIENT,
its successors and assigns.
The RECIPIENT, in consideration of the conveyance of said lands
and interests in lands, does hereby covenant and agree as a covenant
running with the land for itself, its successors and assigns, that
(1) no person shall on the grounds of race, color, or
national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected
to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby
conveyed (J (and)*
DH -OLA 255 (4 -77.) -14-
' a
r
AGREEMENT
EXHIBIT "A"
APPENDIX B
(2) that the RECIPIENT shall use the lands and interests
in lands so conveyed, in compliance with all require-
ments imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally- assisted programs of
the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended (,) and
(3) that in the event of breach of any of the above -
mentioned nondiscrimination conditions, the Department
of Transportation shall have a right to re -enter said
lands and facilities on said land, and the above de-
scribed land and facilities shall thereon revert to
and vest in and become the absolute property of the
Department of Transportation and its assigns as such
interest existed prior to this deed.*
*Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77)
-15-
0
AGREEMENT
EXHIBIT "A"
APPENDIX C
The following clauses shall be included in any and all deeds,
licenses, leases, permits, or similar instruments entered into by
the RECIPIENT, pursuant to the provisions of Assurance 1(a).
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself,'his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds and leases add "as covenant running with
the land ") that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a Department of Transpor-
tation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.), shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of Secretary, Part 21,. Nondiscrimination in Federally -
assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of.1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of
covenants, the RECIPIENT shall have
lease, permit, etc.) and to re -enter
facilities thereon, and hold the same
etc.) had never been made or issued.
(Include in deeds)*
any of the above nondiscrimination
the right to terminate the (license,
and repossess said land and the
as if said (license, lease, permit,
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re -enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT and its assigns.
The following shall be included in all deeds, licenses, leases,
permits, or similar agreements entered into by the RECIPIENT, pursuant
to the provisions of Assurance 7 (b).
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -16-
AGREEMENT
EXHIBIT "A"
APPENDIX C
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his personal representatives, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds, and leases add "as a covenant running
with the land ") that:
(1) no person on the ground of race, color, sex, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination in the use of said
facilities,
(2) that in the construction of any improvements on, over, or
under such land and the furnishing of services thereon, no person
on the ground of race, color, sex, or national origin shall be ex-
cluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall
use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re -enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re -enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT, and its assigns.
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -17-
tJ' CITY OF SARIIIC)CA
/ G=- A BILL NO. J �T nitial:
DATE: January 30, 1984
DEPARTMENT: City Manager
C. At
C. Mgr.
SUBJECT: Santa Clara County Policy on Hillside Development
Issue Summary
Santa Clara County is proceeding with an environmental impact review on
proposed changes to County General Plan policies that would premit mixed
uses of agricultural and hillside lands. Such changes, if approved, would
make possible the development of hillside lands for residential and /or'
research and development purposes. In areas around Saratoga, such development
would have significant impacts on the community. Present County policies
permit only single family use or agricultural use on minimum twenty acre
plots in the hillsides around Saratoga.
At their meeting on 1/25/84, the West Valley Mayors and Managers organization
considered.the possibility of a joint communique to the County Board of
Supervisors expressing strong opposition to this proposed change in County
General Plan policies. On 11/16/83 Saratoga City Council adopted Resolution
2107 opposing this proposed change to County General Plan policies. _Joint
action by the City's of the West Valley in opposition to the proposed change
in County policy would be consistent with your previous resolutlon.
Recommended Action
.By minute action, authorize the Mayor of Saratoga to join with the mayors of
West Valley cities on behalf of the City of Saratoga expressing opposition
to proposed change in County General Plan policies.
Fiscal Impacts
There are no known fiscal impacts from this position.
Exh i.bi is /Attachnnn is
1. Draft of position paper to be signed by West Valley Mayors.
2. Report on proposed change to County General Plan policies.
3. Copy of Resolution 2107 (11/16/83).
Council Action
2/15: Consensus for Moyles to write letter opposing policy.
DRAFT
POSITION PAPER
WEST VALLEY MAYORS
A
January 20, 1984
When the County's General Plan was adopted in 1981, it was heralded as a plan
which would protect the environment, draw a clear distinction between urban and
rural land uses and preserve the hillsides and the mountains.
It is inevitable that any public document such as a General Plan would be
subject to change over time. Recently the County was considering two changes
which might be considered the beginning of a process of erosion of the high
ideals expressed when the General Plan was adopted.
The first of these amendments (1970 -00 -00 -83GP, Exhibit A) was initiated by the
Board of Supervisors and eliminated the requirement for a cluster permit and
open space dedication on two -lot subdivisions in the hillsides. This amendment
has been adopted. According to the staff analysis, this amendment will not
result in an increase in the number of potential divisible parcels in the
hillsides, however, if it is viewed as the beginning of a trend and is extended
to include three or four lot subdivisions etc. then there is a real concern
about the protection of the hi-llisides..
The other amendment (1959 -UO -00 -83GP, Exhibit B) would have allowed industrial
uses in the unicorporated hillside area. The amendment was intended to address
a specific piece of property in the South County, but as written would have
applied throughout the County. The Board did not adopt the amendment, but has
requested further study and asked that the matter be brought back in April
1984. This amendment does not have to be viewed as the possible beginning of a
trend, it is alarming in itself.
N o 1
G/ V M X ;'o /c-S
vmw or rrmnmg
^.ounty Government Center, East Wing.
70 West Hedding Street
County of-Santa-Clara
San �o,e. C( W) 22W2521
California: ENVIRONMENTAL. ASSES 'zME.NT
File No.: 1959-00- 00_83'GP '
Date: September 12, 1983
Prepared by:
Maureen Owens
Sponsor Mrs-. Esther Monschke
Change General Plan to allow
Project: for mixed use of agricultural
lands. Propose a research an
development project and residential
uses
Reviewed by: Hugh Graham
RECOMMENDED ENVIRONMENTAL DETERMINATION:
CATEGORICALLY EXEMPT. Project is within a class of projects determined not to
have a significant effect on the environment.
NEGATIVE DECLARATION. The proposed project could not have a significant effect
on the environment.
MITIGATED NEGATIVE DECLARATION. Although the proposed project could have. a
significant effect on the environment, there will not be a significant effect in this case
if the mitigation measures are added to the project. (In this case, if mitigation does not
occur through: (1) a change in plans; or (2) an enforceable commitment from the
applicant, an EIR would be required).
1p1 ENVIRONMENTAL IMPACT REPORT IS REQUIRED. The proposed project may have a
�I significant effect on the environment.
FOCUSED ENVIRONMENTAL IMPACT REPORT. Significant environmental effects
may occur on a few limited areas.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
DISCUSSION (continued) (SEE ATTACHED SHEETS)
`aff Conclusion:
EXHIBIT A
® An Equal Opportunity Employer
Land Use /General Plan
f9l
Safety
Geologic
Air Quality
Resources /Parks
JWN
Noise
Waste /Sewage /Water Quality
IV
Aesthetic
®
Flora and Fauna
Energy
Transportation
Wad
Historical /Archaeological
Housing
Public Services & Utilities
DISCUSSION (continued) (SEE ATTACHED SHEETS)
`aff Conclusion:
EXHIBIT A
® An Equal Opportunity Employer
DISCUSSION
Staff Conclusion
Based. on the findings of the- Initial Study, it has. been determined that. the proposed
project would have a significant adverse environmental impact. Therefore, an
Environmental Impact Report is required. This report should in particular address the
issues of waste and sewage treatment, geology, and housing, and growth inducing
potentials.
Environmental Setting
The proposed amendment relates to all "Hillside" areas in the County and to a ranch in the
Hayes Valley.
The "Hillside" designation includes between 1/4 and 1/3 of the County's mountain areas.
It includes most of the Santa Cruz Mountains on the west, except lands designated "Other
Public Open Lands" and two areas in the South Santa Cruz Mountains designated
"Ranchlands ". .It also includes the Santa Teresa Hills and most of the first ridge of the
Mt. Hamilton Range,on the east.
The 1,518 acre Monschke ranch is located in the Hayes Valley south of Morgan Hill and
west of the San Martin area. The valley is separated from the main part of. the. South
Valley by a low -range of hills, west of the San Martin area, which is broken by the west
branch of: Llagas_ Creek. The main_ access is on the west from Watsonville Road, which
proceeds south from Morgan Hill through the Uvas Valley to Hecker Pass Road. The
Hayes Valley and the ranch are 3-4 miles south of the Morgan Hill central business
district. Most of the Hayes Valley area is designated "Hillside" due to its. hilly
topography. Ther areas which are mostly flat are designated "Agriculture - Medium Scale ",
and are used for agriculture and grazing. There are three nearby areas designated "Rural
Residential'. One is located on Coolidge Road in San Martin, the remaining two are along
Watsonville Road. These are areas which had already been divided into smaller parcels
when the General Plan, as revised in 1980. Many of the parcels had been developed as
"Ranchettes ". l j
U
Project Description
The amendment proposed to change the allowable uses of the "Hillside" designation to
include specific non - residential uses.
In general, the amendment broadens the definition of the allowed commercial,
institutional and industrial uses from those "which must be their nature be located outside
of cities to those which may be so located. It would exclude heavy manufacturing
activities from the land use designation and limit allowable industrial use to "research and
development with limited assembly ". It would limit allowed industrial uses to parcels with
a minimum of 320 acres. In developments which include industrial use, it would limit
building coverage to a maximum of 3%, prohibit building activity on slopes exceeding
20.%, and require: preservation of 90% of- gross acreage, ,n agriculture,,. scenic; recreational,,
or other approved. open space. Mixed, use: of allowable uses would. be encouraged. (See
attached specific wording).
The current allowable uses for "Hillside. Areas. are ".... agricultural. and grazing;. mineral
extraction, parks and low- density recreatior)al. facilities -, land, in- its natural, state; wildlife
refuges and very low- intensity residential development. Commercial, industrial, or
institutional uses may also be allowed which support recreation or the productive use or
study of the natural resources, and which must by their nature be located outside the
city."
The amendment is proposed so as to allow application for a specific development on the
1,518 acre Monschke ranch in the Hayes Valley several miles, south of Morgan Hill and
west of San Martin. The proposed development would include 200 acres for an industrial
park, 125 acres for 50 executive type homesites to be clustered in the "Hillsides" 800
acres for agriculture and 200 acres each for grazing lands and hillside scenic open space.
Development would be limited to 3% of the total land area. Waste water treatment would
be by a package treatment facility serving the industrial area. The 50 residences would
use septic tank systems.
Discussion of Impacts
The General Plan amendment proposes a major policy change in the "Allowable Uses "of
the Hillside Area designation. If adopted, it is possible that a similar proposal would arise
for the Ranchland designation relating to Ranchland areas with easy access to the urban
area.
la. Land Use /General Plan - General
The major change is to expand the types of allowable commercial, industrial or
institutional uses from "those which support recreation or the productive use or study
of the natural resources, and which must by their nature be located outside of cities"
to "or those which may by then nature be located outside of cities in a natural
setting ".
The present policy says the non - residential activities, if not supporting recreation or
resources study, must be related to the use of natural resources and require a location
outside the urban area. For example, the UTC rocket testing facility, which is located in
the hills east of Metcalf Road could not locate in the urban area. It is located in the hills
and uses the terrain to shield the urban population from the impacts of testing while being
located in convenient proximity to the other UTC facilities in the valley. Resource
extraction would be another allowable use. An effect of the policy is to limit the number
of non - residential developments in the "Hillside" areas.
The new wording would allow in a "Hillside" area, any non - residential use which is able to
locate outside cities, including any commercial, institutional or industrial uses (limited to
research and development with limited assembly, and excluding heavy manufacturing).
While the amendment proposes limitations for industrial uses, the amendment would open
the "Hillside" areas to a vast array of potential uses. As presently worded, the policy
calls for the applicant to demonstrate the need to locate outside of the urban area. The
amendment would eliminate that test.
3
The wording change proposed for- the; Description of the- "Hillside Area" designation does.
not, seem substantial, based. on preliminary analysis for this assessment.
The wording changes for Development Policies: Density include:
a) the, additional. requirement in #5 that non: residential, facilities be4 placed. only where-
_they will not have adverse visual impact. This would seem to prohibit communication
towers and other facilities which must have mountain top locations where visual
impact is inevitable.
b) The addition of several standards for industrial development, including: that
industrial development be limited to parcels of 320 acres or more; building coverage
not exceed 3 %; building be prohibited from slopes excluding 20 %; and that 90% of
gross acreage be preserved in agriculture, scenic, recreational, or other approved
open space.
Further analysis is recommended to evaluate the effect of these proposal in areas
designated "Hillside."
c) Mixed uses of allowable uses would be encouraged. This would seem to be a desirable
policy if the overall scale of a development is consistent with the objectives of the
"Hillside" areas and if the uses to be mixed have inherent relationship with one
another.
d) the proposal to require integrated site and building design with materials to be
compatible with the site would have aesthetic benefits.
lb. Land Use /General Plan - Site Specific
If adopted, the proposal would result in a major change in the land use designation
and in the zoning . for the Monschke Ranch in the Hayes Valley- This land is
predominately designated hillside with a small area designated "Agriculture- Medium
Scale." The Roy Monschke Ranch utilizes the area for their ranching activities and
for the production of crops. The project proposes to replace the ranch with a
research and development park, and some associated housing. The majority of the
property would be dedicated as open space.
According to the Cities of Gilroy and Morgan Hill, this proposal is inconsistent with
the goals of their communities. They are especially concerned with the growth
inducing potential inherent in this proposal (see attached letters).
The proposed project can be expected to cause substantial changes in the
development density of the South County. Substantial land use changes will occur on
the project site which can be expected to impact land uses in the neighboring hillsides
and agricultural areas. The proposed research and development will eventually
employ 3,000 people. Unless these people are already residents of the South County
area, there will be an increase in housing needs. This could be expected to impact
development in the cities of Morgan Hill and Gilroy, and the unincorporated area in
San Martin.
The application includes 200 acres for the industrial component, 50 homesites on a
minimum of 125 acres, an agricultural component of 800 acres, and 200 acres each
for grazing lands and hillside scenic open space. The proposal states that
development would occur within a. 350. acre: area,. however- the. situ maps indicate. than
much of the. 1,518 acres would be, affected. rt: is; unclear, at: this. time= if. the 350:
"developed acres includes. the. area, of necessary roadways and, package- sewer,
treatment plant.
It is also unclear, from where- the, 800 acre, agricultural component would be. derived.,
Due. to the existing. topography of. Hayes Valley, which is mostly hillside, there; does..
not appear to be 800 acres of land available in the proposal for cultivated agriculture.
The best agricultural soils are in the valley portion of the ranch, which is the area
proposed for development. It is also unclear where the 200 acres proposed for
grazing lands would be located, due to the scattered clustering of the homesites and
the steep hillsides.
Careful review of the proposal, including its conceptual site design, with roadways,
and driveways and service facilities is necessary to determine the impacts that this
development would have on the open space and rural characteristics of Hayes Valley
and on the South County community.
2. Geologic
The project is located in an area designated as having a potential for major geological
hazards. According to the County Geologist, a site specific geologic survey should be
conducted before this project is approved. The study should also be specific in terms
of the proposed research and development park as well as hillside homesites. The
applicant refers to a geologic study by the U.S.. Army Corps of Engineers, who studied
the area as a reservoir site. This study does not address the geologic questions raised,
by the present development plan.
Preliminary investigation indicates that the soils on the property are subject to soil
creep. Soil creep, coupled with slope, creates a major hazard. for construction, and
could result in significant property losses after development. Expansive clays cover
most of the property. About thirty -five percent of the property has a slope of 30
percent or more and 45 percent has slope of 10 -30 %. Expansive clays expand when
wet and shrink when dry, this activity causes the soil to creep. Structures built on
this soil will gradually pull apart as the soil creeps down the slope. Soil creep is a
major cause of road failures and is a critical factor in the maintenance of sewage
lines, water pipes and road surfaces.
With this geologic instability, development plans would require review by the County
Geologist.
3. Resources
The applicant proposes that 800 acres will be utilized for agriculture, which is
considerably more than the current acreage. The conceptual site map of the project
does not delineate this area. This project, if approved, would impair the agricultural
use and productivity of prime agricultural land. Some grazing areas will be lost with
construction of the research and development park, hillside homes and the roadways.
Due to the scope of this project, the traffic generated, and the demand for housing,
the agricultural lands in the general area could be substantially affected.
4. Waste /Sewage /Water- Quality_
If the project is approved, significant amounts of solid waste will. be produced,, a-
problem which the proposal does not address. The proposal calls for construction of a..
package sewage treatment facility to serve the research and development park. The
50 homesites would. be: developed- on septic tank systems.
Hayes Valley is a major watershed area and is the primary water recharge area for
the community of San Martin.
Relative to water quality, there are several soil factors which limit the feasibility of
this develoment. Soil structure and percolation rates are very important in
determining the usefullness of a sewage waste water disposal. system. Interaction
between the soil and the wastewater is necessary in removing organic wastes and
pathogens from the water. The site proposed for the research and development park
is located near a site with soils characterized by rapid percolation and soils which do
not appear deep enough to meet the required standards for an effluent disposal
system in relation to a groundwater recharge area. The guidelines established by the
Regional Water Quality Control District would require a greater distance between
the ground surface and groundwater than - is available on this proposed site.
Furthermore, the west branch of the Llagas Creek flows through Hayes Valley and
between the sites proposed for the research and development park, and could have
serious impacts especially in wet weather.
The hillside areas proposed for home development are located on soils with severe -
septic limitations. There are steep slopes and soils with. slow percolation
characteristics, but the primary constraint is the depth to bedrock. The County
Septic Ordinance requires 13 to 16 feet of soil, and a substantial amount of these
hillside soils are very shallow with less than three feet of soil depth to bedrock. Any
failures of septic systems or package treatment plant constructed on soils with these -
limitations would have serious consequences for the San Martin area due to the
potential contamination of the pul3lic water supply. There is no alternate water
source for San Martin at this time, and there will be no other water source for a long
time.
Another aspect to be considered is the great potential for water contamination due to
chemical products generated by the activities of the research and development park.
Leaking chemical storage tanks are seriously threatening water quality in Santa Clara
County and the entire Bay Area. Consequently, the County will need to be cautious
in considering the chemical use and storage of proposed industrial development. The
Board of Supervisors has not yet passed the Hazardous Material Storage Permit
Ordinance which would impose restrictions and which would exempt the County from
liability should a spill occur.
5. Flora and Fauna
Wildlife movement and plant life will be affected by the proposed development in the
Hayes Valley. The area has been recorded as a Blue Heron nesting area.
6. Transportation
The approval of this amendment would seriously impact traffic and the surrounding
street systems because of the traffic generated by the 3,000 proposed employees.
The: area. is now rural. and. most of the roads have: appropriately light- capacities.:
Considerable improvements including traffic lights, the widening: of. roads: and.
installation of turn lanes would be needed- to expand: the flow of traffic:..
There will be an increase in traffic hazards to pedestrians, bicyclists and local traffic
unless the impacts on surrounding- streets from this: project are mitigated.
7. Housing
e
The proposed development would include 50 estate homes ranging in price from
$300,000 to $500,000. While this project may satisfy the housing needs of its upper
management, it creates a housing demand for the other 3,000 workers.
At this time, there are 50,000 people who commute to Santa Clara County from other
counties because there are already more jobs than housing. The City of Morgan Hill
has a 20% per year growth restriction. The City of Gilroy has plans to develop its
own industrial areas and might not be in a position to alleviate the housing impact .
this project would produce. San Martin has water quality restraints which inhibit.
growth here. In addition to these factors the sewage treatment facility which serves
Gilroy and Morgan Hill has limited capacity and might not be able to provide service
to additional housing beyond what they have already planned for their own growth.
The County has no power to force these cities to provide the housing generated by
this project and the housing shortage in Santa. Clara County could be exacerbated..
8. Safety
Due to the nature of the research and development aspect of the proposal, hazardous
materials and or toxic substances could be used for manufacturing or cleaning. Any
use or storage of the hazardous materials could result in a health hazard to the
employees and residents. Due to the location of this project in a watershed area and
an area of groundwater recharge, the existing wells could be contaminated by any
leakage from storage areas.
Since this area is located in the South County Fire District, any fires would be
handled by the Fire District on the condition that adequate water is available on site.
9. Air Quality
According to Bay Area Air Quality Control Update for 1982, the majority of
suspended particles in the air of the South County is lead. This is most likely due to
the number of automobiles commuting in and through Santa Clara County. This
existing problem of air quality deterioration will be exacerbated with an additional
3,000 commuters in the South County.
10. Noise
The construction of roadways, homes and the research and development center will
substantially increase the ambient noise levels in this area during the general years of
construction. The increased traffic noise generated by the employees during weekday
commute hours would be a long -term impact.
I 1.. Aesthetic.
Although the development will attempt to minimize the building impact. on Hayes
Valley, any development will intrude on the scenic qualities of the area. Watsonville
Road is a scenic highway which will be greatly impacted by the traffic generated- by a:
research and. development park..
12. Histor icaj/ Archaeological
The Hayes Valley has not been completely studied in terms of archaeology but there
are four known sites in the immediate area of the property boundaries and with at
least one site identified within the property boundaries. The entire valley should be
studied for archaeological remains prior to any construction or soil displacement
associated with the project.
13. Public Services and Utiliites
If adopted, this project would induce substantial and premature growth of the -South
County. The type of development planned for Hayes Valley will impact the following
areas:
1. Trafficways would need improvements to serve employees and to continue
serving the agricultural needs of the remaining areas of San Martin and vicinity.
2. Fire and police protection will need to be increased due to the size and scope of
this project.
3. Schools could be impacted, depending upon the family size of the persons
residing in the 50 hillside homes, and on the residence location of workers in the
research and development park.
4. Electricity, natural gas, and fuel oil needs will be increased. Water, sewage
disposal, storm water runoff and solid waste disposal needs will cause substantial
impact on the South County which already has limited capacity in these areas.
HHG:MO:ad
ad# 17
1959/83GP/MO
-jam;`) -�•i
County Government Center, East Wing
70 West Hedding Street
^.runty. of Santa Clara _ — �", �°'•. California, 4 22W22521 _ --
CallfOrnia? ENVIRONMENTAL. ASSESSMENT
File No.:. 1970_00_00_ -8313.P _ _ Sponsor: Santa. C l a.ra County
Date: September 19, 1983 Project:
Prepared by: Hugh Graham
Reviewed by:
RECOMMENDED ENVIRONMENTAL DETERMINATION:
Amend the "Hillsides" land use
designation in the General Plan to
allow 2 -lot subdivision without
clustering
CATEGORICALLY EXEMPT. Project is within a class of projects determined not to
have a significant effect on the environment.
j NEGATIVE DECLARATION. The proposed project could not have a significant effect
on the environment.
MITIGATED NEGATIVE DECLARATION. Although the: proposed project could have; a
significant effect on the environment, there will not be a significant effect in this case
if the mitigation measures are added to the project. (In this case, if mitigation does not -
occur through: (1) a change in plans; or (2) an enforceable commitment from the-
applicant, an EIR would be required).
ENVIRONMENTAL IMPACT REPORT IS REQUIRED.
significant effect on the environment.
FOCUSED ENVIRONMENTAL IMPACT REPORT.
may occur on a few limited areas.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The proposed project may have- a
Significant environmental effects
Transportation Historical /Archaeological
Housing Public Services & Utilities
DISCUSSION (continued) (SEE ATTACHED SHEETS)
Staff Conclusion:
EXH 10 1 T B
An Equal Opportunity Employer
Land Use /General Plan
®
Safety
Geologic
®
Air Quality
Resources /Parks
❑
Noise
Waste /Sewage /Water Quality
❑
Aesthetic
Flora and Fauna
❑
Energy
The proposed project may have- a
Significant environmental effects
Transportation Historical /Archaeological
Housing Public Services & Utilities
DISCUSSION (continued) (SEE ATTACHED SHEETS)
Staff Conclusion:
EXH 10 1 T B
An Equal Opportunity Employer
O
DISCUSSION
Staff, Conclusion
Based on the Initial Study, there is no significant environmental impact resulting from the
General Plan Amendment, therefore a Negative Declaration is recommended.
Environmental Setting
This amendment would affect that area of the County designated as "Hillsides" in the
General Plan. No specific sites are involved.
Background and /or Project Description
At the April 19, 1983, Board of Supervisors meeting, staff was requested to.consider this
amendment to the General Plan. The purpose was to eliminate the clustering process
where land owners want only to split off one lot. Several owners are said to want to sell
parcels of less than 160 acres to meet financial obligations and find the clustering
provision burdensome.
The amendment would add to the Mandatory Clustering and Open Space Dedication
section of the Hillside Areas land use designation on the Land Use Map after paragraph 3,
the following:
"For any two lot subdivision of land, the minimum lot size shall
be determined by use of the slope density formula and a
clustering permit shall not be required, subject to the following
conditions:
a. The parcel being divided was not itself created by
subdivision after the date of this amendment; and
b. Any subsequent division of the two lots so created shall
meet the cluster permit standards."
Discussion of Impacts
This amendment, by itself, would not result in an increase in the number of potential
divisible parcels in the land designated "Hillsides" by the General Plan. The amendment
would remove the requirement of a duster permit in the case of a two lot division which
would create a lot of less than 160 acres.
Removal of the requirement for clustering, for the number of lots likely to result, would
probably result in little increase in the environmental impacts associated with future
access or, site: grading. Should; development be proposed, the subdivision- applicant would
still need to satisfy the County that the- proposed, homesite and access would not have: a,.
significant adverse impact on the environment.
Other- than the impact on- land use. policy, no other environmental factors are, potentially°
affected by this amendment: Any subdivision proposed under- this amended policy would
be subject to evaluation for site specific environmental impacts.
HHG:ad
ad# 17
1970- 83GP /HHG
i
,97�''12v
RESOLUTION N0. 2107
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OPPOSING A PROPOSED AMENDMENT TO THE TEXT OF THE GENERAL
PLAN OF THE COUNTY OF SANTA CLARA RELATING TO HILLSIDE
AREAS (COUN'T'Y FILE NO. 1959- 00- 00 -83GP)
WHEREAS, the Board of Supervisors of the County of Santa Clara will
be considering an amendment to the text of the Hillside designation of
the General Plan of the County of Santa Clara; and
WHEREAS, this proposed amendment to the General Plan would affect the
environmentally sensitive hillside lands in the Sphere of Influence of the
City of Saratoga; and
WHEREAS, this proposed amendment would allow industrial uses not
presently allowed to locate in hillside areas, in particular, Research and
Development industrial uses; and
WHEREAS, the City of Saratoga is concerned that the proposed General
Plan amendment will have a significant adverse effect on the environment in
0 that:
1. It will conflict with the City's General Plan designation of "Hill-
side open space" which applies to most of the Sphere of Influence
-- area and is defined as follows:
_ "Hillside Open Space - This subcategory was taken from the County
General Plan and covers all areas within Saratoga's Sphere of Irn-
fluence that are not designated as parks. This subcategory allows
uses which "support and enhance a rural character ", promote wise
use of natural resources and avoid natural hazards. Uses in-
clude: agriculture, mineral extraction, parks and low density
recreational facililities, land in its natural state, wildlife
refuges and very low intensity residential development. Other
support uses related to the uses already listed may also be
permitted. Density of development allows from between 1 DU /20
acres to 1 DU /160 acres based on a slope density formula subject
to stringent criteria. These criteria will became part of the
Sphere of Influence portion of the General Plan."
2. Industrial uses would be located in an area having a potential
for major geological hazards which could cause spills or dumping
I* of hazardous materials associated with such uses leading to ground
Page 2
j
94 water contamination and the destruction of flora and fauna.
3. Industrial uses will generate significant amounts of traffic which
would greatly strain the narrow and difficult to maintain roads of
the hillside area.
4. The public services and utilities in the hillside area are limited
in capacity and would not be adequate to serve industrial uses. the
improvement of public services and utilities to serve such uses
could create a significant growth inducing impact.
5. The massive buildings associated with industrial development will
have an adverse aesthetic impact on the hillsides. This impact is
inconsistent with the goals and policies of the General Plan of
the City of Saratoga:
CO.1.0 Control the density of development in hill areas, including
the Sphere of Influence, to protect the unique quality of
the City's mountainous backdrop and to protect the aesthetic
qualities of the City.
00.2.0 Conserve natural vegetative and significant topographic
features which exist in Saratoga and its Sphere of Influence.
NCW, THEREFORE, the City Council of the City of Saratoga HEREBY RESOLVES
as follows:
That it opposes the proposed amendment to the "Hillside" designation
of the General Plan of Santa Clara County for the reasons listed earlier in
this solution and recommends that the Board of Supervisors reject this pro-
posed General Plan Amendment.
The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 16th day
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of November, 1983, by the following vote:.
AYES: Councilmembers Clevenger, Fanelli, Mallory, and Mayor Myles
NOES: None
ABSENT:Counci] member Callon
ATTEST:
CITY CLERK
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