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HomeMy WebLinkAbout06-15-1983 CITY COUNCIL AGENDACITY OF SARATOGA Initial: AGENDA BILL NO: Dept. Head: DATE: June 15, 1983 City Atty DEPARTMENT: Maintenance City Mgr h ------------------------------------------------------------- �� - - -- SUBJECT: Recognition of Citizen Participation in Re- Landscaping of Blaney Plaza Issue Summary Several individuals and organizations donated their time and materials for the project of re- landscaping Blaney Plaza on April 15, 1983. The project was a success due to their donation of time and materials. Recommendation Acknowledge time, labor and materials donated by these groups and individuals by way of a letter from the Mayor. Fiscal Impact Actual figures on time and materials donated are unavailable. Exhibits /Attachments Memo from Park & Building Supervisor itemizing groups and individuals who should be acknowledged. Council Action 6/15: Approved on Consent Calendar 5 -0. x nTR50 1��1EMOO RANDUNI oguw O0 O&MR&OO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 . TO: CITY CLERK DATE: MAY 26, 1983 FROM: PARK & BUILDING SUPERVISOR SUBJECT: CITIZEN PARTICIPATION IN RE- LANDSCAPING OF BLANEY PLAZA Recognition should be given to the groups and individuals who participated in planning and implementing the re- landscaping of Blaney Plaza on April 15, 1983. Their efforts made possible a complete rejuvenation of an area that is in the public eye for all people coming into Saratoga. The project will indeed add an additional spot of beauty to our City that will be enjoyed by our citizens and visitors for years to come. Listed below are some of the groups and individuals who should be acknowledged for their efforts: Mrs. Dorothy Day, Sec. Mr. Bob Egan, President Saratoga Chamber of Commerce P.O. Box 161 Saratoga, CA 95071 Mr. Jeff Heid (Drew landscaping plans) 14630 Big Basin Way Saratoga, CA 95070 Church of Jesus Christ of Latter Day Saints (Several missionary 19100 Allendale Avenue volunteers associated Saratoga, CA 95070 with this church) Saratoga Community Garden P.O. Box 756 Saratoga, CA 95071 (supplied annuals and labor) Many other individuals that came from other groups and organizations have hopefully been recognized by the Chamber. I trust that this will give you enough information to acknowledge this effort by a group of very dedicated people of our community. a Roy anson Park & Building Supervisor' CITY OF SARATOGA Initial: AGENDA BILL NO: _ Dept. Head DATE: June 15, 1983 City Atty - DEPARTMENT: Maintenance City Mgr J ------------------------------------------------------------------------------------------ - - - - -- SUBJECT: Acceptance and Acknowledgement of Donation to Hakone Garden Issue Summary David A. Boone of Saratoga has donated five (5) Koi fish for the pond at Hakone Garden. These fish have a value of approximately $200. Recommendation Accept and acknowledge these donation by way of a letter from the Mayor. Fiscal Impact The donated fish have a value of approximately $200. Exhibits /Attachments None Council Action 6/15: Approved on Consent Calendar 5 -0. e CITY OF SARATOGA AGENDA BILL NO. 44 T DATE: 6/15/83 DEPARTMENT: Community Development Initial: Dept. Hd. C. Atty C. Mgr. SUBJECT. FINAL APPROVAL, TRACT 6732, GERALD BUTLER PROPERTY, MON VO HEIGHTS DR. Issue Summary 1. The Tract 6732 is ready for final approval. 2. All Bonds, fees and agreements have been submitted to the City. 3. Requirements of the City Department and other agencies have been met. Recommendation 1. Adopt Resolution No. 1521 -02 approving Final Map of Tract 6732. 2. Authorize execution of improvement agreement. Fiscal Impacts None Exhibits /Attacix�ents 1. Report to Planning Commission 2. Resolution No. 1521 -02 3. Tentative Map 4. Location Map Council Action 6/15: Mallory /Moyles moved to approve Resolution. Passed 5 -0.. Mallory /Moyles moved to authorize Mayor to execute improvement agreement. Passed 5 -0. r i I 1 REPORT TO PLANNING COMMISSION AMENDED 7/ 9/82 EXHIBIT "A" DATE: 6/15/82 Commission Meeting: 6/23/82 "Revised: 8/4/82 SUBJECT: SD -1521 - Gerald Butler, Lira Drive, Tentative Subdivision Approval - 8 Lots (Formerly SD- 1418.& 1358) REQUEST: Grant of Tentative Subdivision Approval for 8 lots on a hillside parcel located between Vickery Ave. and an extension of Lira Drive (off of Montalvo). ENVIRONMENTAL ASSESSMENT: Categorical Exemption - Final EIR previously certified by Planning Commission on October 25, 1978 as adequate. PUBLIC NOTICING: Noticed by posting on site, advertising in newspaper and mailings to property owners within 500'. GENERAL PLAN DESIGNATION: Very low density residential. _ZONING: R -1- 40,000 SURROUNDING LAND USES: Single family residential, Sisters of Notre Dame to the west, Toyon Lodge to the northeast and San Jose Water Works tanks to the east. SITE SIZE: 12 Acres SITE SLOPE: 24% PROJECT DESCRIPTION: The applicant is requesting Tentative Subdivision Approval for 8 lots on a 12 acre parcel south of Vickery Avenue and east of Montalvo Road on the Lira Drive extension in the R -1- 40,000 zoning district. The site is a portion of the former Young property. An EIR was certified for the 13 lot development originally proposed on the Young site (SD- 1358). A later subdivision approval, SD -1418, unitized the site. The first unit of 4 lots has been constructed. The approval for the second unit has expired and the applicant is now requesting approval for the same map. The City Geologist has reviewed the geotechnical report submitted on the site and recommended that the Commission grant tentative approval with conditions to the site. Report to Planning Commission 6/16/82 SD -1521 - Gerald Butler Page 2 The proposed lots range from .92 to 2.8 acres in size with the required depths, widths and frontages. The average slope of the property equals 24% which allows 7.9, rounded up to 8 lots on -the site per the Hillside Subdivision Ordinance and R -1- 40,000 zoning. Access for the subdivision is proposed to be via an extension of Lira Drive(a 50' and a 40' wide right -of -way with 26' of improvements) from Montalvo Road. Originally Lira Drive was conditioned for a 50' right -of -way which is not necessary for the present required width. The developer is conditioned to dedicate and improve Lira Drive to Montalvo. An emergency access road to Vickery is proposed to be provided through the San Jose Water Works and Olavarri lands via the existing roadway to Lira Drive. In approving this map, the Planning Commission will also be granting a design exception to the maximum cul -de -sac length of 400'. The proposed subdivision roadway will remove 7 eucalyptus trees on the Water Works property border. Any further tree removals due to house placement will be subject to Design Review Approval. Scenic easements are proposed on the hillside area of Lots 6 and 7. STATUS: The Environmental Impact Report was certified by the Planning Commission on October 25, 1978 as adequate. A Notice of Determination will be filed with the County of Santa Clara Recorder's Office when this project is approved. FINDINGS: Said project complies with all objectives of the 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga, except as delineated above and approved by Planning Commission. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. The Planning Commission is responsible for making the necessary findings according to Section 21081 of the California Environmental Quality Act. The Commission must make one or more of the following findings with Exhibit "D ", in addition to previous findings. (a) Changes or alternatives have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. (b) Such changes or alternatives are within the responsibility and jurisdiction of another public agency and such changes have been adopted thereof as identified in the completed environmental impact report. (c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. The Staff Report recommends approval of the tentative map for'SD -1521 (Exh. "B -2" filed 6/21/82) subject to the following conditions: I. SPECIFIC CONDITIONS - DEPT. OF COMMUNITY DEVELOPMENT A. Comply with Standard Engineering Conditions dated 4/11/77. Report to Planning Commission SD -1521 - Gerald Butler 6/16/82 Page 3 I. SPECIFIC CONDITIONS - DEPARTMENT OF COMMUNITY DEVELOPMENT, cony d. B. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. C. Submit Map to City for checking and recordation (Pay required Checking & Recordation Fees). ** D. Submit "Irrevocable Offer of Dedication" to provide for a 50 ft. right -of -way on Lira Dr. from Montalvo to Tract boundary. ** E. Submit "Irrevocable Offer..of Dedication" to provide 40 ft.right -of -way for streets within tract. ** F. Improve Lira Dr. from Montalvo Rd. and all interior streets to City Standards, including the following: 1. Designed Structural Section 13 ft. centerline and flowline. 2. P.C. Concrete Curb and Gutter (R -36) 3. Undergrounding Existing Overhead Utilities. G. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse, including the following: 1. Storm Sewer Trunks with necessary manholes. 2. Storm sewer Laterals with necessary manholes. 3. Storm Drain Inlets, Outlets, Channels, etc. H. Construct Emergency Access Road 18 ft. wide plus 1 ft. shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from Lira Dr. through lands of S.J.W.W. to Vickery Ave. gated at both ends. Slope of access road shall not exceed 122% without adhering to the following: 1. Access roads having slopes between 122% and 15% shall be surfaced using 22 in. Asphalt Concrete on 6 in. Aggregate Base. 2. Access roads having slopes between 15% and 172% shall be surfaced using 4 in. of P.C. Concrete rough surfaced using 4 in. Aggregate Base. Slopes in excess of 15% shall not exceed 50 ft. in length. 3. Access roads having slope in excess of 172% are not permitted. Note: oThe minimum inside curve radius shall be 42 ft. oThe minimum vertical clearance above road surface shall be 15 ft. °Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. °Storm Runoff shall be controlled through the use of culverts and roadside ditches. I. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6 in. aggregate base within 100 ft. of proposed dwelling. Report to Planning Commission 6/16/82 SD -1521 - Gerald Butler Page 4 J. Construct Standard Driveway Approach. K. Watercourses must be kept free of obstacles which will change, retard or prevent flow. L. Protective Planting required on roadside cuts and fills. M. Obtain Encroachment Permit from the Dept. of Community Development for driveway approaches or pipe crossings of City Street. N. Engineered Improvement Plans required for: 1. Street Improvements 2. Storm Drain Construction 3: Access Road Construction 0. Pay Plan Check and Inspection Fees as determined from Improvement Plans. P. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. Q. Post bond to guarantee completion of the required improvements. II. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical report required prior to final approval. Applicant's geotechnical consultant should speak to all matters that may be affected by or have affect on the proposed development. B. Applicant's geotechnical consultant shall review all site, pool, grading, drainage and foundation plans for the site and provide a written statement to the City certifying he has done such a review, and that the plan in question is consistent with the recommendations of his report. Building permits will not be issued until this statement is received. C. A grading plan for each lot shall be submitted and approved prior to building permit at time of Design Review. (This plan to be prepared by a licensed engineer). This plan is to be accurate to within + 0.5 foot and be of such scale and contain detail as to allow accurate determination of slopes, cut and fill quantities and limits of grading /excavation. Cross - sections and calculations shall be submitted as appropriate. All grading shall be in accordance with City grading ordinance and the applicable geotechnical report. All grading is to be contoured. D. All slopes either stripped during or created by construction shall be treated adequately for erosion control. The grading plan shall contain details of how this is to be accomplisehd. This work shall be completed prior to final inspection /certificate of occupancy. No cuts and fills are to be undertaken or left open at a time of year subject to signi- ficant rainfall. Erosion control measures shall be installed when rainy Report to Planning Commission 6/16/82 SD -1521, Gerald Butler Page 5 season or occupancy occurs, whichever comes first. Earthmoving equipment to be fitted with noise reducing mufflers. E. All engineering structures /components, foundations and retaining walls over 3 feet in face height shall be designed by a registered civil engineer. F. All structural fill shall be keyed into side slopes, placed on stable existing ground stripped of all organic /deleterious material, and compacted to a minimum 90% relative compaction. Non - structural fills shall be likewise placed except to a minimum 85% relative compaction. G. A drainage plan for each lot shall be submitted and approved prior to building permits. This plan shoulid address all potential runoff reaching, created by and leaving the site (including water from paved and roof areas). Plan shall show method of collecting, carrying and disposing of all such water. Water shall not be directed onto adjacent private property without proper authority (existing natural water - course, private storm drain easement, etc.). Consi- deration is to be given to subsurface water and drainage therefore provided. H. The applicant's geotechnical consultant is to observe construction sufficiently to validate his report and to insure its recommendations are followed. A letter stipulating this is required prior to final inspection of any structures. III. SPECIFIC CONDITIONS - SANTA CLARA COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer to be provided and fees paid prior to Final Approval in accordance with requirements of Sanitation District No. 4 as outlined in letter dated June 4, 1982. IV. SPECIFIC CONDITIONS - SARATOGA FIRE DISTRICT A. Property is located in a potentially- hazardous fire area. Prior to issuance of building permit, remove combustive vegetation as specified. Fire retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ordinance 38.58 and Uniform Fire Code, Appendix E). B. Construct driveway 14 -feet minimum width, plus one -foot shoulders using double seal coat oil and screening or better on 6 -inch aggregate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 122% without adhering to the following: 1. Driveways having slopes between 122% to 15% shall be surfaced using 22" of A.C. on 6 -inch aggregate base. 2. Driveways having slopes between 15% to 172% shall be surfaced using 4" of P.C.C. concrete rough surfaced on 4 -inch aggregate base and shall not exceed 50 feet in length. Report to Planning Commission 6/16/82 p 9 SD -1521, Gerald Butler Page 6 3. Driveways with greater slopes or longer length will not be accepted. C. Construct a turnaround at proposed dwelling sites having a 32 foot inside radius. Other approved type turnarounds must meet require- ments of the Fire Chief. Details shall be shown on building plans. D. Driveway shall have a minimum inside curve radius of 42 feet. E. Provide a parking area for two (2) emergency vehicles at proposed building site, or as required by the Fire Chief. Details shall be shown on building plans. F. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. G. Fire hydrants in all hazardous fire areas as designed pursuant to Section 6 -2.42 of the Saratoga City Code shall be located so that no part of any residential structure shall be further than five hundred feet from at least one hydrant and the fire protection system shall be so designed and charged with water under pressure so that each hydrant for residential fire protection shall deliver no less than 1,000 gpm of water. Water storage or other availa- bility shall be such that for any one hydrant of the system, the 1,000 gpm minimum shall be maintained for a sustained period of two hours (Ordinance No. 60.4). H. Provide 15 -foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. I.. Developer to install two (2) hydrants that meet Saratoga Fire District's specifications. Hydrant to be installed and accepted prior to issuance of building permits. J. All bridges and roadways shall be designed to sustain 35,000 lbs. dynamic loading. K. Emergency gate at Lira Drive and Olavarri driveway must have a security system with a lock box. Plans to be approved by Fire District prior to Final Approval. V. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Santa Clara County Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said dis- trict to assure completion of sewers.as planned. B. Domestic water to be provided by San Jose Water Works. C Report to Planning Commission 6/16/82 SD -1521, Gerald Butler Page 7 C. Existing septic tanks are to be pumped and backfilled. A $400.00 bond is to be posted with the City of Saratoga to insure completion of work. D. Any wells located on the property must be properly sealed and aban- doned. VI. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VII. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on structures and on -site lighting prior to issuance of permits. Individual house design to be evaluated on the basis•of compatibility with the physical environment and com- pliance with the Site Development Plan and potential for solar accessi- bility. Complete plans for all on -site grading to be included in evalu- ation. All grading to be contoured so as to form smooth transitions. All grading to be smooth transitions between natural and man -made slopes. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the subdivision site. B. Design Review Approval required on the emergency access road and barrier prior to Final Subdivision Approval. C. Prior to final approval, submit CC &R's which include: 1. "Recreational courts are allowed only through Use Permits granted by the City of Saratoga." 2. "Residences require Design Review Approval. Individual house design to be evaluated on the basis of compatibility with the physical environment and compliance with Site Development Plan. Complete plans for all on -site grading and lighting to be included in evaluation. All grading to be .contoured so as to form smooth transitions. All grading to be smooth between natural and man -made slopes." *3. Scenic easement restrictions shall be shown on the approved Final Map. 4. Mitigation Measures as stated in Exhibit "D ". ** 5. Private Road Maintenance Agreement *D. Enter into Scenic Easement Agreement with the City for the scenic easements prior to Final Map Approval. Neither the CC &R's nor the Scenic Easement Agreement are to be amended without the written consent of the City of Saratoga and they are to be enforceable by the City. E. Any modifications to the Site Development Plan shall be subject to Planning Commission Approval. Report to Planning Commission 6/16/82 SD -1521, Gerald Butler Page 8 F. Tree removal on lots subject to Design Review with residences. Trees near grading area to be fenced for protection during grading. *G. Scenic easements to be shown on Final Map per the following written statement: We hereby reserve an easement for the use and benefit of property owners of the tract for permanent open space on and over those certain areas designed as "Scenic Easement" on the written map, which are to be.kept open and free from building and structures and other improvements (including ornamental landscaping, fencing and decks), but subject to the rights, limitations, powers and obligations as set forth on that certain Scenic Easement Agreement dated and which is being recorded concurrently herewith. Public access is not implied or intended. H. If any evidence of potential archeological significance is found during site grading operation, the work shall be halted until the significance of the finding can be evaluated by a qualified archeo- logist. I. House design shall incorporate energy conserving features including active /or passive solar design techniques. ** J. Widen remaining sections of Montalvo Road between Lira Drive and Saratoga /Los Gatos Road to provide a 26 ft. paved area to City Standards. ** K. Prior to Final Approval, comply with 7 mitigations listed on the letter by Gerald D. Butler received August 4, 1982 (attached). Approved: Kathy Kerd Associate lanner KK /dsc P.C. Agenda 6/23/82 RESOLUTION NO. 1521 -02 RESOLUTION APPROVING FINAL 4AP OF TRACT 6732 WHEREAS, a final subdivision map of TRACT 6732 Gerald D. Butler having heretofore been filed with this City Council for approval, and it appearing that all streets, public ways and easements shown thereon have not been satisfactorily improved nor completed, and it further appearing that otherwise said map conforms with the require- ments of Division 2 of Title 7 of the Government Code of the State of California, and with all local ordinances applicab,le,at the time of approval of the tentative map and all rulings made thereunder, save and except as follows: NOW THEREFORE BE IT RESOLVED: (1) The aforesaid final amp is hereby conditionally approved. Said approval shall automatically be and become unconditional and final upon compliance by subdivider with such requirements, if any, as set forth immediately above as not yet having been complied with, and upon compliance with Section (3) hereof. (2) All street dedications, and all other dedications offered on said final map (except such easements as are declared to be accepted by the terms of the City Clerks certificate on said map), are hereby rejected pursuant and subject to Section #66477.1 of the Government Code of the State of California. (3) As a condition precedent to and in consideration of the future accept- ance of any streets and easements not by this resolution now accepted, and as a condition precedent to the City Clerk certifying the approval and releasing said map for recordation, the owner and subdivider shall enter into a written agreement with the City of Saratoga, secured by good and sufficient surety bond or bonds, money or negotiable bonds, in amount of the -1- a, estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of Ordinance No. NS -60 as amended and with the improvement plans and specifications presently on file, and to maintain the same for one year after completion. The form and additional terms of said written agreement and surety bond shall be as heretofore adopted by the City Council and as approved by the City Attorney. The mayor of the City of Saratoga is hereby authorized to exe- cute the aforesaid improvement agreement on behalf of said city. (4) Upon compliance by subdivider and /or owner with any remaining require- ments as set forth in the preamble of this resolution (if any) and with the provisions of Section (3) hereof, the City Clerk is authorized and directed to execute the City Clerk's certificate a.s shown on said map and to transmit said map as certified to the Clerk of the Santa Clara County Board of Supervisors. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of , 19 by the following vote: AYES: NOES: ABSENT: ATTEST: M, : CITY CLERK MAYOR D sr G -MOMr.4 CVO ,Z/ I c 14 -TIO-N' MAP -L-0,CA 14 TRACT 6 732 00- PA R 'I- CITY OF SARATOGA ! I Initial : AGENDA BILL NO. J Dept. Hd. 6?� //l DATE: 6 -6 -83 C. Atty. DEPARTMENT: Admin. Services C. Mgr. SUBJECT: Jobs Bill Funds - Community Development Block Grant Program Issue Summary The Emergency Jobs Bill recently passed by Congress will provide the City of Saratoga via the Housing and Community Development Act with an additional $77,500 for FY 1983 -84. Eligible activities include Public Services as well as other eligible Block Grant projects. City determination of planned fund expenditure must be transmitted to the County by June 28, 1983. Recommendation Conduct the required Public Hearing (June 15, 1983), receive public input, review staff report and recommendation and determine use of FY1983 -84 Jobs Bill funds. Direct HCD Coordinator to transmit to County planned City use these funds. Fiscal Impacts The additional receipt,.by the City, of $77,500 for FY1983/84. Exhibits /Attachments Staff Report with- recormmendation for use of funds. Council Action 6/15: Fanelli /Clevenger moved to accept staff recommendation. Passed 4 -1 (Moyles opposed). i fl , t?Jj € lj T e ; g a F 1sE ynyF 3r piety O IJ 0&MZUQX5& F �F Fip:?i��is REPORT TO MAYOR AND CITY COUNCIL DATE: 6 -6 -83 COUNCIL MEETING: 6 -15 -83 SUBJECT: Job Bill funds for the Community Development Block Grant Program The Emergency Jobs Bill recently passed by Congress is providing Santa Clara County approximately $1.25 million in funding for the FY 1983 -84 Community Development Block Grant Program. The HCD Council Committee (Marty Clevenger - Saratoga representative) has recommended to the Board of Supervisors that the funds be disbursed in the same manner as the original Block Grant funds. One half of the funds will remain at the County for a competitive pool to fund projects that will create jobs, with the remaining funds to be divided eight ways, with Saratoga receiving $77,500. All funds allocated under the Jobs Bill will be governed by the existing CDBG requirements, except as modified by the Jobs Bill. Jobs Bill monies will be treated as a separate grant. Therefore, the City is required to conduct one public hearing, submit an application as well as quarterly and annual reports, as is done under the Block Grant Program. Activities funded under the Jobs Bill must be an eligible CDBG activity (Exhibit A) and must meet one of the three national objectives of benefitting low to moderate income persons, aiding in the prevention or elimination of slums or blight or meeting an urgent community development need. The Jobs Bill contains several new provisions. Up to 50% of these funds may be used for eligible public service activities. Job Bill monies should be used in areas of highest unemployment and should be used to maximize new employment opportunities for persons unemployed for a minimum of 15 of the past 26 weeks. The City will be requested through certification language in the application that the activities the City will be undertaking will attempt to meet this requirement. Attached is a list of eligible /ineligible CDBG activities (Exhibit A) as well as Questions and Answers relative to the Jobs Bill (Exhibit B) Report to Mayor and City Council Job Bill Funds Staff Recommendation: Allocate FY the reconstruction and containment Elva Avenue. This activity ties in effort of public (street and storm rehabilitation) activities in this SC; j d 6 -6 -83 Page 2 1983 -84 Jobs Bill funds to of storm waters project for with the City's concentrated drainage) and private (housing older neighborhood. EXHIBIT A HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 COMMUNITY DEVELOPMENT BLACK GRANT PROGRAM Eligible Activities 1. Acquisition of Real Property which is: a. Blighted, deteriorated, deteriorating, or inappropriately developed b. Appropriate forrehabilitation and conservation activities C. Appropriate for preservation or restoration of: 1) Historic sites 2) Urban beautification 3) Conservation of open spaces, natural resources or scenic areas 4) Provision of recreation 5) Guidance of urban development d. To be used for the provision of eligible public works, facilities, and improvements e. To be used for other public purposes 2. Acquisition, construction, or installation of public works, facilities, and site or other improvements, including: a. Neighborhood facilities b. Senior centers C. Historic properties d. Utilities e. Streets f. Street lights g. Water and sewer facilities h. Foundations for air rights sites i. Malls and walkways j. Recreation facilities (Flood and drainage facilities are eligible only where assistance under other Federal programs is unavailable. Parking and solid waste disposal facilities and fire protection services and facilities are eligible only if located in or serving designated community development areas.) Also included are: 3. Code enforcement in deteriorated or deteriorating areas expected, together with public improvements and services, to arrest area decline. 4. Clearance, demolition, removal and rehabilitation of buildings and improvements including interim assistance and financing rehabilitation of privately owned properties when provided in connection with other physical development. 5. Special projects to remove material and architectural barriers restricting mobility and accessibility of elderly and handicapped persons. 6. Payments to housing owners for losses of rental income while temporarily holding units to be used for relocation. 7. Disposition or retention of acquired real property. 8. Provision of public services under very special circumstances. i It Eligible Activities (continued) Page 2 9. Payment of non - federal share in connection with other federal programs under - taken as part of the development program. 10. Relocation payments and assistance for those displaced by assisted activities. 11. Activities necessary to develop a comprehensive plan and a policy-planning- management capacity to more effectively determine needs, set goals and objectives, develop and evaluate programs, and carry out management activities necessary for planning implementation. 12. PuynuunL of rcneunuble adinlnJNl:rut.l.ve conics and carrying cli:irt;ee relaLvd Lo Hit- planning and execution of activities. Ineligible Activities There are also certain activities for which no CD funds may be used under the program. These include, although they are not limited to, the following illustrative list: 1. Public facilities unless specifically mentioned as eligible, or previously eligible under the old categorical programs, excluding public facilities loans, model cities, or urban renewal grants -in -aid. Some typical ineligible public facilities included in HUD's draft regulations are: a. Buildings and facilities for general conduct of government, such as city halls, courthouses, police stations, etc. b. Stadiums, sports arenas c. Auditoriums d. Concert halls e. Convention centers f. Museums g. Schools, generally h. Airports i. Subways j. Trolley lines k. Bus or other transit terminals 1. Hospitals or other medical facilities open to the public generally 2. Operating and maintenance expenses, except in connection with the provision of authorized public services. 3. General government expenses. 4. Political activities, except for community -wide voter registration. 5. New housing construction. 6. Income supplement payments. 1, M1 � a I 'I ♦ c �i EXHIBIT B i U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410 OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT APR 2 2 1983 MEMORANDUM FOR: All Regional Administrators All Regional Directors for CPD All Area Managers All CPD Division Directors FROM: Stephen J. Bollinger, Assistant Secretar for- Community Planning and Development, C i S7331ECT Additional appropriations for 'the Conmur,ity Development Block Grant (CDBG) Entitlement program ( "Jobs Program ") The questions and answers which follow expand on information already provided in my memoranda of April 5 and .8, 1983, and will help you respond to most of the immediate concerns of Entitlement grantees. (Separate material is being prepared speci ically for the other categories of CDBG recipients.) While other issues remain to be addressed, we expect that this information will enable Entitlement cities and counties to complete the presubmission process and select the activities to be carried out with these additional CDBG funds. By the time the first final statements are submitted for these additional funds, we should have in place the comprehensive operating instructions which will codify this information and include more _detailed administrative procedures. If a final statement for the additional funds is submitted before then, acknowledge its receipt in writing pending receipt of operating instructions. Attachment ADDITIONAL APPROPRIATIONS FOR CDBG ENTITLEMENT GRANTEES QUESTIONS AND ANSWERS Timing 1. Is there a deadline for submitting the final statement and certifications for the grant from the additional CDBG appropriation? The deadline for submitting final statements and certifications will be published in a Federal Register notice. We expect that for Entitlement grantees, the deadline for submission of final statements for the additional grant will be July 1, 1983. 2. What is the earliest date that an Entitlement grantee can submit its final statement and certifications for the additional grant? An Entitlement city or county can submit its final statement and certifications as soon as it has completed all the presubmission steps and it has a HUD approved Housing Assistance Plan for FY 1983. 3. Will regulations have to be issued before the additional grants can be made? No. The Federal Register notice establishing deadlines will also include all other information that needs to be • published prior to making grants to Entitlement recipients (and all other categories of CDBG recipients). 4. Is there a time limit for the expenditure of funds from the additional grant? The appropriations act specifies that the funds should be "disbursed as rapidly as possible." Activities should be selected with this objective in mind, even though there is no specific time limit for spending funds from the additional grant. In order to stress the importance of timely implementation, Entitlement grantees will be required to submit an implementation and expenditure schedule as part of their final statement. Receiving the Additional Grant 5. Will Entitlement cities and counties have to get their additional grant from the State because the formula allocates funds by State? No. Entitlement cities and counties will receive their additional grant directly from HUD, just as they do for regular CDBG funds. 6. What does an Entitlement grantee have to do to receive its additional funds? Entitlement cities and counties will have to develop and submit a separate final statement following the same presubmission steps they follow to receive their regular CDBG funds. These steps include: furnishing citizens with information on the amount of funds available and the range of eligible activities; holding one or more public hearings; publishing a proposed statement for public comment; and completing a final statement after considering any public comments. 'The final statement is then submitted to the cognizant HUD Field Office along with the certifications used for regular FY 1983 CDBG Entitlement funds. In addition, we expect that a special certification will be required concerning the objectives in the appropriations act on the provision of job opportunities (see question 13. below). Also include Standard Form 424. Does an Entitlement grantee have to have a Housing Assistance Plan to receive its additional CDBG funds? Yes. Entitlement cities and counties must submit the same certifications with their final statement for the additional funds that they submit with the final statement for their regular FY 1983 CDBG funds. One of the certifications is that the locality is following a HUD approved HAP. A grantee must, therefore, have a HUD approved HAP before it can submit its final statement and certifications for the additional grant. 8. Can one final statement be submitted for both the regular and additional CDBG funds? No. There must be two separate final statements, including community development objectives and projected use of un s pertaining specifically to the additional grant. Each statement must be submitted with its own SF 424 and certifications (although only one Housing Assistance Plan is required). Both final statements can be submitted at the same time, however. � . 9. Can one public hearing be held for both the regular and additional CDBG funds? Yes. A combined :public hearing will meet the requirement so long as it is made clear that lac .vt;=S '.ansing and community devplo ment nee, s specifically relating to the additional grant as well as the regular CDBG funds. 10. Can the proposed statement for the additional grant be published together with the proposed statement for regular CDBG funds? Yes. Both the proposed statement for the additional grant and regular CDBG funds can be published together, as long as they are separately identifiable and separate final statements are submitted. 11. How will Entitlement grantees receive their additional CDBG funds? HUD will process final statements for additional CDBG funds the same way regular'CDBG final statements have been processed. HUD will assign a special grant number and offer a separate grant agreement for the additional grant. The funds will be added - 2 - to the grantee's existing letter of credit, but the special grant number must be used in drawing down funds from the additional grant. Funds needed for activities to be paid from the additional grant will be drawn down separately even though the funds are part of a single letter of credit. (This is an exception to the normal FIFO draw down procedures.) 12. Will HUD make any special reviews of the final statement and certifications for the additional grant? HUD will conduct the same kind of review of the submission for the additional grant as for regular CDBG funds. However, HUD will also conduct a review (generally prior to submission) to determine: whether the grantee's performance would call into question the acceptability of the grantee's certifications; whether the, grantee has complied with any additional assurances or contract conditions currently in effect; and to consider any other outstanding performance /compliance issues applicable to regular CDBG funds. Appropriate action determined to be necessary as a result of such a review will apply to the additional rant as well as to the regular CDBG funds. (Because some grantees may be making their submissions for these funds at an earlier date than for their regular CDBG funds, it may be necessary for HUD Field Offices to conduct a preliminary annual performance review, or move up the scheduled review date, in order to make the necessary determinations about grantee performance for this purpose.) Use of the Additional Funds 13. What special factors should be considered in selecting activities to be assisted with funds from the additional grant? In addition to the .objectives of the CDBG -program itself, a number "of objectives are mentioned in the act that appropriated these additional funds. General objectives include the funding of construction projects of lasting value to the nation which result in productive jobs, and the' provision of humanitarian assistance to the indigent and homeless. In targeting funds based on relative unemployment, a number of . specific objectives' were also . stated in °:;the `apprcpriaticns act. Therefore, the following should be considered in selecting activities to be undertaken with funds from the additional grant: — funds should be used "as rapidly as possible so as to quickly assist the unemployed and the needy;" — recipients "shall to the extent practicable utilize such funds in a manner which maximizes immediate creation of new employment opportunities to individuals who were unemployed at least fifteen of the twenty -six weeks" prior to March 24, 1983. We expect that the Federal Register notice will specify that grantees will be required to submit a special certification to this effect along with the final statement. In addition, we anticipate that the notice will provide that recipients should, to the extent practicable, select activities which will provide employment opportunities to minorities and women in proportion to their presence among the unemployed in the jurisdiction. HUD believes these efforts are appropriate because in many - 3 - communities minorities and women are disproportionately represented among the unemployed and because employment opportunities under the additional grant are specifically. subject to the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as well as section 109 of HCD Act of 1974, as amended. (see also question 22. below) 14. Does each activity assisted with funds from the additional grant have to meet one of the three broad national objectives of: benefit to low and moderate income persons; — aid in the prevention or elimination of slums and blight; or - meet other community development needs having a particular urgency? Yes. The same rules on meeting one of the three broad national objectives that apply to regular CDBG funds apply to CDBG funds from the addtional grant. 15. Does an activity assisted with the additional CDBG funds have to meet regular CDBG eligibility requirements? Yes, except that the limit on expenditures for public service activities is relaxed. The relaxed limit applies only to the funds from the additional appropriation. (see also question 16. below) 16. What are the special limitations on the use of the additional funds for public service activities? The appropriations Act specifies that up to $ 500 million of the additional CDBG funds may be used for public service activities otherwise eligible under section 105(a)(8) of the Housing and Community Development Act of 1974, as amended, notwithstanding the percentage limitation in that section. (The percentage limitation in section 105(a)(8) will, however, continue to apply to all other CDBG funds.) Specific procedures for complying with the $ 500 million limitation will be included in the Federal Register notice. These procedures are expected to be as follows: ` 1. :. &r'niation un' he amount of funds to be used for public service activities will be required in the final statement from each Entitlement recipient. There is no limit on the amount of. these additional funds Entitlement grantees may initially designate to spend for public service activities. 2. Grantees that designate 50 percent or less of the additional grant for public service activities may expend up to, but no more than the amount designated. 3. Grantees that designate more than 50 percent of the additional grant for public service activities will be prohibited from obligating or expending more than 50 percent of the additional grant for such activities without prior written approval of HUD. 4. Shortly after July 1, 1983 when all final statements for the additional funds have been submitted and the total amount of funds designated for public service activities is known, grantees that designated more than 50 percent of their additional grant will be informed as follows: - -4 - �t — If the total amount of funds designated by all grantees for public service activities does not exceed $ 500 million, HUD will inform each such grantee that it may expend up to, but no more than, the full amount designated for public service activities; or If the total amount of funds planned to be used for public service activities is more than $ 500 million, HUD will calculate a pro rata reduction to be applied to each grantee that designated more than 50 percent of its grant from this additional appropriation for public service activities, and HUD will inform each such grantee in writing of the adjusted maximum amount it will be permitted to expend for this purpose. 17. Can the additional funds be used to fix pot holes and repair other public facilities? Repair and routine maintenance of public facilities, such as fixing pot holes in streets is generally ineligible. Under the interim assistance provision (§ 570.201(f)), however, repair of public facilities is eligible where the grantee plans more comprehensive treatment of the area in the future, but immediate action. is determined to be necessary to prevent further deterioration in the interim period. To meet these restrictions, a grantee must document its files to show the planned future treatment and must also document its determination that immediate treatment is necessary to prevent further- deterioration. In some cases, it is possible that a city or county would make a grant to a neighborhood -based nonprofit organization to repair public facilities in a specific neighborhood. Such an activity would be eligible so long as the special requirements of S 570.204(c) are met. (This provision does not permit ineligible improvements to city halls or other buildings for the general conduct of government.) 18. May CDBG funds from the additional grant be used to continue public services, previously paid for with local or State funds, in order to prevent layoffs or permit the recall of employees previously laid off? In some circumstances this may be possible, but each case must be carefully examined on its own merits. The basic CDBG statute imposes a .special "maintenance of effort" requirement for public services. As a general rile, section 105(a)(8) of the Act limits the eligibility of public services to those that "have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the state in which it is located) during any part of the twelve -month period immediately preceding the date of submission of the statement..." (the regulations refer to a "new or increased level of service "). (It should be noted that services provided from Federal funds are not considered in determining the prior level of service. There ogre, CDBG funds may be used to replace other Federal funds previously used to pay for a service and would not constitute any violation of the "maintenance of effort" restriction in section 105(a)(8) of the Act.) The appropriations act does not alter this statutory limitation on public service activities. The statute includes an exception to the general rule where HUD finds that "the discontinuance of the service was the result of events not within the control of the unit of general local government." The Conference Report accompanying the appropriations act provides guidance on the approach to be followed in making the required finding when a request is made to fund the regular responsibilities of local government as a CDBG public service activity. The Report - 5 - also emphasizes, however, that funds may be provided in this regard only "to prevent workforce reductions that were specified prior to the enactment of this legislation (March 24, 1983) and that were required to balance expected revenues and expenditures of said localities." Funds from the additional grant therfore may be used to pay employees, previously paid with local or State funds, who provide services that are otherwise eligible under section 105(x)(8) of the HCD Act of 1974, as amended and which meet one of the three broad national objectives, if the grantee can provide convincing evidence for HUD to find that the discontinuance of the service (stemming from workforce reductions) is, or would be, the result of events outside the grantee's control. A grantee may request that HUD make this finding and support the request by submitting the following information to the cognizant HUD Field Office: — The amount of the actual or expected shortfall in local or State revenues, with a description of the events which led to the shortfall and an explanation of why these events were outside the grantee's control; — The portion of the shortfall in local or State revenues assigned to each major budget category in the unit of general local government's overall budget, and a description of the considerations which led the grantee to distribute the shortfall in the manner specified; — The portion of the shortfall in local or State revenues assigned to those public services proposed to be funded using the additional CDBG appropriation, the portion assigned to all other public services, and a description of the considerations which led the grantee to distribute the shortfall among public services in the manner specified; and For each public service that has been reduced, or will be reduced if no additional funds become available, identification of each position that has been or will be eliminated, together with a description of how the service provided by that position meets one of the three broad national CDBG objectives. Also identify which of the positions to be reduced if no additional funds become available were specified prior to March 24, 1983. HUD Field Offices are to consult with Headquarters prior to responding to such requests. '::,E execution of `tile grant Agreement wa not be' delayed where. a final determinination is pending on such a request, but the letter transmitting the grant agreement should contain a statement advising the grantee that the obligation or expenditure of funds from the additional grant for the public services in question prior to receiving a positive determination of eligibility would be at the grantee's own risk. 19. Can an activity carried out with funds from the additional grant qualify under benefit to low and moderate income persons solely on the basis that a majority of the persons hired to carry out the activity are low and moderate income? In general, no. As with the regular CDBG funds, in most cases, the nature of the activity authorized in the statute is the provision of a physical improvement or service. Thus benefit to low and moderate income persons is normally based on the income characteristics of the persons receiving the benefit from the completed activity. An activity serving a middle or upper income area, such as improvement of a public - 6 - � c facility, cannot qualify as low and moderate income benefit, even though a majority of the persons working on such a project are low and moderate income persons. While the persons working to carry out the activity also benefit, that benefit is only incidental to the basic purpose of providing the improvement or service. There are some activities, however, where the persons to be employed as a result of the activity is the appropriate factor to consider in determining whether the activity benefits low and moderate income persons. Where funds are used to provide assistance to a for - profit business (where necessary or appropriate to carry out an economic development project), qualifying such an activity as benefiting low and moderate income persons is usually based on whether a majority of the permanent jobs created or retained will be available to low and moderate income persons. Although the activity is described in the statute as financial assistance to a business, to qualify as low pnd moderate income benefit it must be recognized that the basic objective of this type activity is tl,e creation: cr retention of jobs. Thus, jobs are considered the most relevant factor in determining benefit. Summer youth employment programs where the basic objective is to provide work experience and temporary employment to young adults is another instance where the persons employed is a primary factor in determining whether low and moderate income persons will benefit. In contrast to other public service activities such as the provision of police or fire protection, benefits to those receiving the service are only incidental to the employment and training objectives of summer youth employment programs. 20. Can an activity assisted with funds from the additional grant meet the urgent need objective on the basis that it creates employment opportunities for unemployed 7M No. The fact that unemployed persons are hired does not by itself demonstrate that the activity meets the urgent needs objective. The activity being undertaken, such as reconstructing a public facility damaged in a disaster, has to qualify as an urgent needs activity. 21. Does. every activity assisted with funds from. the additional grant have. to create new employment? No, not directly, but the creation of new employment opportunities is an objective that grantees should strive to achieve to the extent practicable. 22. Do all the other laws and requirements governing regular CDBG funds apply, to the additicnal CDBG funds? Yes. Activities assisted with the additional CDBG funds must be carried out in accordance with all regular CDBG requirements. These include environmental review procedures, ` procurement procedures, labor standards, civil rights requirements, etc. Recipients should be aware that the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 (for which certification is required), and of section 109 of the HCD Act of 1974, apply to all employment opportunities created with funds from the additional grant. Therefore, recipients - 7 - should select activities and administer the additional grant to assure that minorities and women are not discriminated against in the provision of employment opportunities in activities funded in whole or in part under the additional grant. . 23. Is there. a 20 percent limit on planning and general administrative costs for the additional grant? Yes. A 20 percent limit will be imposed on the additional grant. It will be calculated separately. 24. Wiuit hinds of records and reports will be required for the additional CDBG funds ? The appropriations Act requires HUD to submit quarterly reports to Congress on the use of these additional funds. Therefore, grantees will be required to submit reports to HUD on a quarterly basis. A special form and instructions are being developed for this report and will be sent to HUD Field Offices once OMB approval is obtained. Grantees will also have to submit annually a Grantee Performance Report (GPR) on the use of these additional funds. Because the creation of jobs is a primary purpose of the additional grant and since such employment is therefore subject to civil rights nondiscrimination requirements, we expect that grantees will be required, subject to OMB approval, to maintain records for the additional grant which contain information on employment opportunities provided by the recipient and contractors, with separate identification by race, sex, and ethnicity, and to report that information to HUD. 25. May a grantee incur costs prior to receiving its additional grant? The same rule applies to this addtional grant that applies to regular CDBG funds (see 24 CFR 570.301(e)). This provision permits reimbursement for planning and environmental studies incurred prior to the grant award date. Prepared by: Office of Block Grant Assistance April 1983 i?83 a.. GF 5ANTA CLA iA - 8 - CITY OF SARATOGA Initial: AGENDA BILL NO. 44 c;L Dept. Hd.� DATE: June 7, 1983 C. Atty. DEPARTMENT: Administrative Services C. Mgr. ------------------- — ----------- — -------- — ---------------- --- ------------ - - - - -- SUBJECT._ Workers Compensation Insurance Coverage for Designated City of Saratoga Volunteers Issue Summary A viable City of Saratoga volunteer program has been developed through the efforts of the Volunteer Center. During the annual review with the City's Workers Compensation representative,:coverage of designated volunteers.was reviewed. In order to protect the City against on the job injury claims, a cost estimate was developed to provide minimal coverage for volunteers. The Volunteer Center will maintain a listing of designated volunteers, a descrip- tion of their work, and a record of hours worked. The City will submit this information to the State Compensation Insurance Fund quarterly. Recommendation Adopt Resolution No. authorizing Workers Compensation Insurance Coverage for Designated City of Saratoga Volunteers. Fiscal Impacts Based upon the current level of.involvement in the City of Saratoga volunteer program, the State Compensation Insurance Fund representative indicates annual coverage will cost approximately $71 per year. Costs will increase somewhat if the level of volunteer activity increases. E;hibits /Attachments Resolution No. Council Action 6/15: Mallory/Fanelli moved to adopt Resolution 2072. Passed 5 -0. CITY OF SARATOGA r l/ / Initial: AGENDA BILL NO. Z/ �O� Dept. Hd. DATE: 6 -7 -83 C. Atty. k\, ;9� ` DEPARTMENT: Finance � C. Mgr. -------------------------------------------------------------------------------------- SUB,=: Three year contract for audit review --------------------------------------------------------------------------------- - - - - -- Issue Summary The 1981/82 fiscal year marked the end of our three year agreement for.audit services with Arthur Andersen & Co. Consequently, in May, Council authorized us to solicit proposals for a new three year contract. We subsequently received and have evaluated seven proposals. From those, we eliminated the firms we felt did not demonstrate the experience to perform the audit, and then selected the lowest bidder from those remaining. We also contacted the Cities audited by the firm we selected to assure ourselves of their competency. The low bidder was the local firm of Sappington, Simmons & Hopkinson. If, however, Council prefers to have the audit performed by.a national. firm, Peat, Marwick, Mitchell & Co. bid $11,000 ($3,700 over the low bidder). Recommendation That Council authorize the City .Manager to execute the attached three year. agreement for audit services. Fiscal Impacts The contract price for the 1982/83 fiscal year audit is $7,300, which is $6,200 less than the requested appropriations.. Exhibits /Attachments Three year contract for audit services. Council Action 6/15: Fanelli /Clevenger moved to approve. Passed 4 -1 (Callon opposed).