HomeMy WebLinkAbout12-16-1987 City Council Staff ReportsSARATOGA CITY COUNCIL
A EXECUTIVE SUMMARY NO.
i
MEETIIU DATE: December 16, 1987
ORIGINATING DEPT.: Planning
AGENDA ITEM: 7A
CITY MGR. APPROVA
SUBJECT: Certified Local Government Historic Preservation Program
Recommended Motion: Adopt resolution authorizing staff to submit CLG application.
Report Summary: The Heritage Preservation Commission recommends participation by the
City in the Certified Local Government Historic Preservation Program.
Participation requires the submittal of application materials, in-
cluding a resolution adopted by the City'Council. Information on
the program and the application materials are attached.
Fiscal Impacts• None at this time. In the future, if the City Council were to
authorize the application for grant funds, the funding program is
on a 50/50 matching basis, with the City providing the matching
share.
Report to Mayor and City Council, with attachments.
Motion and Vote:
.rd s`0'
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REPORT TO MAYOR AND
CITY COUNCIL
DATE: 12/16/87
COUNCIL MEETING: 12/16/87
SUBJECT: Certified Local Government Historic Preservation Program
BACKGROUND
One of the Heritage Preservation Commission's adopted work
priorities for FY87 -88 is completion of the application to
participate in the Certified Local Government Historic Preservation
Program (CLG). The CLG program was developed to enable local
governments to participate more directly in state preservation
activities, particularly the National Register nomination process
and the ability to apply for state preservation grant funds. The
Heritage Commission believes that participation in the program will
help further preservation activities in Saratoga, and unanimously
recommended approval of the application at their November 18
meeting.
Details on the program are provided in the attached material.
Because there are a variety of local preservation programs, the CLG
program offers two levels of participation, threshold and expanded.
The City of Saratoga qualifies for the threshold level. The grant
funds are awarded on a 50/50 matching basis and may be used for a
variety of preservation- related activities, including public
outreach and education, National Register nominations, revolving
funds, publications and historic building inventories.
RECOMMENDATION
The CLG program application requires the submittal of a number of
documents, including a resolution adopted by the Council authorizing
the application. The application documents are attached. If the
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Report to Mayor and City Council
Certified Local Government Historic Preservation Program
Council approves the City's participation in this program, the
recommended motion is to adopt the resolution and direct staff to
submit the application to the State Office of Historic Preservation.
S
Yu h ek Hsia
PlAV,6ing Director
Attachments: 1. Resolution authorizing CLG application
2. CLG application and information materials
3. Heritage Commission minutes, 11/18/87
4. Heritage Commission 1987 -88 work list
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CITY OF SARATOGA
CLG APPLICATION
�. ATTACHMENT #8
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RESOLUTION N3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE APPLICATION ANO CE_RTIFICATI.ON AGREEMENT FOR
THE �ERTIFIEO LOCAL GOVERNME"dT HI= STORIC PRESERVATION PROGRAM.
WHEREAS, the Ccrrgress under Public Law 801-66S has authorized the
establishment of a Certified Local, Government Historic Preservation
Program; and
7.1 C C 'the t. 1 C
wH�REAv, e�fe .i,ta�ic Depar �ment G.� Parks and 1�cCred't1Gn 15 responsible
D the administration of the program within the state, setting up
necessary rules and procedures governing application by local agencies
under the program; and
WHEREAS, said adopted procedures established by the State Department
of Parks and Recreation require the applicant to certify by resolution the
approval 0,f appl-ications prior to submission of sa;i.d applications to t h a
state;
NOW, THEREFORE, be it resolved ghat the City Council hereby:
1) Approves the filing of an appli.ca-tion for certification under the
Certified Local Government Historic Preservation program; and
2) Appoints the City Manager or, his authorized deputy as agent of the
City to coordinate, process, and execute all contracts,
agreements, amendments, and ancillary documents within the scope
of the attached application for certification.
The above and foregoing resolution was passed and adopted at a regular
meeting of the Saratoga City Council held on the day of
1 987, by the following note:
AYES:
NOTES:
ASSENT:
ATTEST:
Deputy City Clerk
Mayor
4�
STATE OF CALIFORNIA
PROC'EDURFS FOR C .RTIFI :D— LQCAI_ GOVERN -ME,NT
HISTORIC PRESERVATION PROGRAM
INTRODUCTION ..
The 1980 amendments to the National Historic Preservation Act of 1966 provide for
the establishment of a Certified Local Government (CLG) Program. This program -
allows for direct local government participation in California's comprehensive
statewide historic preservation plan.
The CLG Program encourages the preservation of significant cultural resources by
promoting a partnership between local governments and the State of California.
Local involvement in preservation issues permits a CLG to assume a leadership role
in the preservation of the community's cultural heritage and to have a formal
participation in the National Register nomination review process. Local interests and
concerns 'are integrated into the official planning and decision - making processes at
the earliest possible opportunity.
Preserving historic properties as important reflections of our American heritage
became a national policy through passage of the Antiquities Act of 1906, the Historic
Sites Act of 1935, and the National Historic Preservation Act of 1966. In part, the
National Historic Preservation Act of 1966 instructed the Federal Government to
assist Focal governments to expand and accelerate their historic preservation
programs and activities. Since enactment of the. National Historic Preservation Act
of 1966, the historic preservation expertise and activities of local governments have
significantly increased. The act, however, provided no opportunity for local
governments to be involved formally in the national historic preservation program
administered by the`Department of the Interior's National Park Service (NPS). Lack
of formal participation by local governments often meant that historic preservation
issues were not considered until development planning was well under way. This
often resulted in preservation /land development conflicts causing project• delays and
increasing costs. In addition, opportunities frequently were lost for
preservation - oriented development that could satisfy both preservation and
development goals.
In recognition of the need to involve. local governments7 in historic preservation, the
1980 amendments to the 1966 act provided a specific role for local governments in
the national program. The Secretary of the Interior (Secretary) is required by 'the
amended legislation to develop regulations for the certification of local governments
and for the allocation of Historic Preservation Fund (H'PF) monies by states to
certified local governments. To qualify for certification, the 'amended legislation
specifies that local governments must have certain administrative and legal
capacities. This legislation directs states with approved state historic preservation
programs to develop a mechanism for the certification of qualified local
governments. Once certified; a local government will be included in the process of
nominating properties to the National Register of Historic Places and will he eligible
to apply to the state for a share of the state's annual HPF allocation.
At least ten percent (10 %) of California's annual HPF allocation shall be designated
for transfer to the CLGs. CLGs receiving HPF grants shall be considered subgrantees
of the state. All CLGs shall be eligible to receive funds from the CLG share of the
state's local annual HPF grant award. The 'state, however', is not required to award
funds to all governments that are eligible to receive funds. At such time as Congress
may appropriate more than $65,000,000.00 to the HPF, a different distribution
formula will be in effect, resulting in a proportionately larger share to the CLGs.
Historic Preservation Fund grants shall be awarded to CLGs on a 50150 matching
basis. The matching share is a requirement to maintain consistency with standard
federal allocations to state and to ensure standard accountability in fiscal
management. Local financial management systems shall be in accordance with the
standards specified in the federal Office of Management and Budget (OMB)
Circular A -428 and shall also be auditable pursuant to the federal General Accounting
Office's "Standards for Audit of Governmental Organizations., Programs, Activities,
and Functions."
The California CLG program offers, local governments an opportunity for involvement
in historic preservation at two levels of participation. A two -tier system of
allocating HPF funds provides recognition for local governments capable of either
assuming substantial responsibilities or opting for minimal participation in the
program. Pass - through grant amounts shall be awarded commensurate with the level
of participation by the CLG. Threshold level of participation requires the local
government to satisfy the. five minimum requirements identified in the Code of
Federal Regulations, 36 CFR Part 61. Supplemental allocation of funds for expanded
level of participation shall be contingent upon satisfying additional requirements.
Responsibilities of the CLG shall be complementary to and carried out in
coordination with those of the State Historic Preservation Office (SHPO) as outlined
in 36 C`FR 61.4(b).
THRESHOLD LEVEL OF PARTICIPATION
Any local government is eligible to apply for 'certi#ication, with the exception of
regional commissions and councils of governments. A local government is any
general purpose political subdivision of California such as a city or a county. Local
governments must:
Enforce appropriate state and local legislation for the designation and
protection of historic properties,
2. Establish an adequate and qualified historic preservation review commission by
local Law,
Maintain a system for the survey and inventory of historic properties,
4. Provide for adequate public participation in the local historic preservation
program, including the process of recommending properties for nomination to
the National Register, and
5. Satisfactorily perform the responsibilities delegated to it by the state.
.S '
Local governments may be certified to participate in the CLG program at the
threshold level of participation by complying with the following requirements:
1. Enforce appropriate sae or rr— for =-the- designation and
protection of historic properties:
A. State enabling legislation provides for local jurisdictions to enact
appropriate legislation. California Government Code Sections 65850,
253.73,. and 37361 enable city and county legislative bodies to provide for
"the protection, enhancement, per or use of places, sites,
buildings, structures, works of art and other objects having a special
character or special historical or aesthetic interest or value.
B. Local governments are encouraged to adopt local. historic preservation
ordinances with provisions for designation and protection of historic and
archeological resources.
C. The appropriate legislation shall be consistent with the intent and purpose
of the.National Historic .Preservation Act as amended in 1980.
Il.
Establish an adequate and qualified historic preservation review commission by
state or local law:
A. Local governments must establish an adequate historic preservation
review commission by local law. The commission shall include a minimum
membership of five individuals with all members having demonstrated
interest, competence, or knowledge in historic preservation.
R. Commission members shall be appointed from among professionals in the
disciplines of architecture, history, architectural history, planning,
archeology, or other historic preservation- related disciplines, such as
urban planning, American studies, American civilization, cultural
geography, or cultural anthropology, to the extent that such professionals
are available in the community.. Commission membership shall also
include lay members who have demonstrated special interest,
competence, experience, or knowledge in historic preservation, American
studies, cultural anthropology, cultural geography, or other historic
preservation- related disciplines.
C. If a special expertise is not represented on the commission for the
consideration of National Register nominations or other actions which are
normally evaluated by a professional in such discipline, the local
government shall obtain professional technical expertise from established
organizations, institutions, public agencies, or other commissions, such as
the State Office of Historic Preservation (OHP), State Historical
Resources Commission, regional archeological information centers,
colleges or universities, AIA preservation officers, private. preservation
consultants, or regional councils of governments.
D. The local government must demonstrate that it has made a reasonable
effort to fill positions on the commission with professional and lay
members as highly qualified, and representing as diverse a range of
disciplines, as possible.
E. Commission members shall be appointed by the chief elected local official
and approved by the city council or board of supervisors. The chief
elected .local official shall make interim appointments to fill unexpired
terms in the event of vacancies occurring during the term of members of
the commission. The appointing authority shall act within sixty (60) days
to fill a vacancy. Terms of office of the commission members shall be
staggered and of two (2) year minimum duration (except as provided in the
initiation of the commission).
F. The commission shall meet at least four (4) times per year, with meetings
held at regular intervals., in a public place, advertised in advance, and
open to the public,, pursuant to the California Open Meeting Act. Written
minutes of commission meetings shall be kept on file and available for
public inspection.
r. Each commission member is required to attend at least one informational
or educational meeting„ seminar, workshop, or conference per year that
pertains directly to the work and functions of the commission and would
be approvable by the state. The annual State Historic Preservation
Conference, sponsored by OHP, provides special sessions devoted to the
issues, objectives, and responsibilities of commissions.
H. The commission shall publish procedural rules for registering historical
properties identified in a local cultural resources survey program for the
National 'Register of Historic Places, in accordance with the requirements
in the National Historic Preservation Act, Section 101(c)(2). The
procedural requirements must include standards and criteria for individual
properties and districts with boundary identification, property owner
notification, public meeting, format, and appeal procedures in accordance
with established - National Register regulations. The C1_G does not have
the authority to nominate properties directly to the National Register.
1. The commission shall be responsible for overseeing the compiling,
recording, and updating of information on cultural resources within its
jurisdiction. The information shall be based on a comprehensive survey
which is conducted in conformance with state survey standards and
procedures. Surveys completed prior to the certification of a local
government must be done in accordance with state standards.
J. An annual report of the activities of the commission shall be submitted to
the state at the end of each calendar year. The reports shall include, but
.not be limited to, such information as appointments to the commission,
resumes of commission members and staff, attendance records of
members, official minutes of the commission meetings, revisions in the
enabling ordinance if applicable, sponsorship of special programs such as
educational workshops or conferences, summaries of environmental
review cases requiring commission comments, new landmarks and historic
districts designated, review of National Register nominations, cultural
resources survey updates, and other pertinent activities performed by the
commission.
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Ill. Maintain a system for the survey and inventory of historic properties:
The CLG shall be responsible for organizing, developing, and administering an
inventory of :cultural resources within the entire spatial jurisdiction of the
C LG.
A. The commission shall develop procedures for conducting an inventory of
cultural resources. Survey activities shall be coordinated with and
complementary to the state program to ensure that survey results
produced by the CLG will be readily integrated into the statewide
comprehensive historic preservation planning process.
I. As part of any ongoing survey effort, procedural requirements must
allow for periodic update of survey results on an annual basis as
buildings gain maturity and as new areas are incorporated or
annexed by the CLG.
2. The commission must adopt state guidelines for conducting its
inventory of' historic properties. State- approved inventory forms
(DPR 523), encoding sheets (DPR 660), and the California Historic
Resources Inventory Survey Workbook shall he used to facilitate
integration into the state electronic data system and for statewide
comprehensive historic preservation planning purposes.
3. Procedural standards for evaluation of properties must be consistent
with the National Register of Historic Places criteria.
B. The commission shall establish internal procedures to facilitate the use of
survey results in the planning process by the CLG officials and
departments. The commission shall submit survey results to the CLG.
Copies of the survey must be on deposit at the local planning department
and OHP. See IVB(2) below for public access requirements.
IV. Provide for adequate public participation in the local historic preservation
program:
A. The CLG shall provide opportunities for public _participation in all
responsibilities delegated to the CLG, in accordance with appropriate
regulations, standards, and guidelines.
B. The CLG shall encourage public participation in local historic
preservation programs.
I. Public participation shall be fully encouraged in :direct involvement
on the local historic preservation comm- ission as.professional or lay
members. Commission meetings shall be open to the public, with
published agenda and minutes in accordance with the California
Open Meeting Act. The published agenda shall be mailed in advance
of meetings to individuals and citizen organizations interested in the
commission's activities.
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2. Public participation shall he fully encouraged in the performance of
the historic survey program at all levels of completion to identify
and inventory significant cultural resources in the jurisdiction of the
CLG. Survey results shall be of public record and on file at a public
institution, except in the case of sensitive resources, e.g.,
archeological sites subject to vandalism.
3. Public participation and comment shall be fully encouraged in the
nomination process for the National Register of Historic Places
program. The CLG shall publish the procedures by which
assessments of potential National Register nominations will be
administered.
V. Satisfactorily perform the responsibilities delegated to the CLG;
A. The state shall monitor and evaluate the performance of the CLG for
consistency with the identification, evaluation, and preservation priorities
of the comprehensive state historic preservation planning process.
1. The state shall conduct an annual review of CI-Gs to assure that
each government continues to meet the minimal requirements and is
satisfactorily performing its responsibilities. As part of this review,
the state shall examine the annual reports submitted by the CLGs,
records of the administration of funds allocated from the HPF, and
other documents as necessary. The CLG shall make these records
available to the state.
2. If the state evaluation indicates that the CLG no longer meets the
minimal requirements or that in any other way a CLG's performance
is not satisfactory, the state shall document that assessment and
recommend to the local govern.Cnent steps to bring its performance
up to a satisfactory level. The CLG shall have a period of not less
than 30 nor more than 1.80 days to implement improvements. If the
state determines that sufficient improvement has not occurred, the
state :shall recommend decertifi'eation of the local government to
the Secretary, citing specific reasons for the recornmendation.
Performance shall be deemed unsatisfactory if one or more of the
following conditions exist or is applicable: a) the commission fails
to perform its delegated responsibilities within established time
periods; b) the CLG fails to coordinate its responsibilities with the
state; c) the commission substantially fails to maintain consistency
of its design review decisions with the Secretary's standards for
historic preservation; d) the CLG fails to maintain a qualified
historic preservation review commission membership or fails to
acquire the appropriate expertise for review and comment; e) the
CLG fails to enforce the provisions of the local preservation
ordinance; f) the CLG fails to comply adequately with proper fiscal
management of HPF grants in accordance with OMB Circular A -128,
the Single Audit Act of 1984, and the National Register Programs
Manual.
13. The state shall conduct financial assistance close -out procedures pursuant
to the National Register Programs Manual when a local government is
decertified.
C. CLGs may petition OHP to be decertified voluntarily and without
prejudice.
D. The State shall identify specific responsibilities deleggted in common to
all CLGs.
E. The CLG may assume certain responsibilities of recommending properties
identified in the CLG jurisdiction to the National Register of Historic
Places.
U. The SHPO shall have the sole responsibility of nominating National
Register properties directly to the Secretary.
2. Selection of properties for nomination to the National Register shall
be based on the results of the local survey program.
3. Procedural guidelines ' shall specify the process for accepting
application requests, property owner notification, public hearing
announcements, and coordination with the state.
4. All meetings shall be open to the public at specified intervals and
must be in accordance with the California Open Meeting Act.
Published agenda and minutes of the public -meetings shall be on file
with the commission and the state.
5. Decisions of the commission must be presented to the applicant, the
property owner, and the state in writing with specific reference to
the selected National Register criterion and. the appropriate Level of
significance. The commission shall consider all National Register
applications exclusively in accordance with the National Register
criteria. Membership of the commission must include or have
access to qualified experts knowledgeable in the subject area
submitted for review.
5. The CLG shall' establish procedures for the National Register
nomination process consistent with the requirements in the National
Historic Preservation Act, Section 101(c)(2).
a. Subsection 10f(c)(2)(A) states that "Before a property within
the jurisdiction of the certified local government may be
considered by the State to be nominated to the Secretary for
inclusion on the National Register, the State Historic
Preservation Officer shall notify the owner, the applicable
chief local elected official, and the local historic preservation
commission. The commission, after reasonable opportunity for
public comment,, shall prepare a report as to whether or not
such property, in. its opinion, meets the criteria of the
National Register. Within sixty days of notice from the State
Historic Preservation Officer, the chief local elected official
shall transmit the report of the commission and his
recommendation to the State Historic Preservation Officer.
Except as provided in subparagraph (B), after receipt of such
report and recommendation, or if no such report and
recommendation are received within sixty days, the State shall
make the nomination pursuant to Section 101(a). The State
may expedite such process with the concurrence of the
certified local government."
b. Subsection 191(c)(2)(B) states that "If both the commission and
the chief local elected official recommend that a property not
be nominated to the national Register, the State Historic
Preservation Officer shall take no further action, unless within
thirty days of the receipt of such recommendation by the
State Historic Preservation Officer an appeal is filed with the
State. If such an appeal is filed, the State shall follow the
procedure for snaking a nomination pursuant to Section 101(a).
Any report and recommendations made under this section shall
be included with any nomination submi'.tted by the state to the
Secretary..
7. By mutual written agreement with the local governing body, the
state may delegate additional responsibilities to the CLG.
EXPANDED LEVEL OF PARTICIPATION
Local governments may participate at the expanded level of participation by
complying with all responsibilities required at the threshold Level of participation. By
mutual written agreement with the local governing body, the state may delegate
additional responsibilities to the CLG.
Local governments may be certified to participate in the program at the expanded
level of participation by fulfilling selected elements of the following requirements:
I. State enabling legislation provides for local jurisdictions to enact appropriate
legislation. The CLG shall adopt a historic preservation ordinance with the
following provisions:
A. Declaration of Policy A statement of purpose should clearly recite the
reasons for enacting the ordinance and specifically contain a general
welfare clause illustrating that historic preservation is in the public
interest. The policy declaration shall also describe the public benefits
possible for the CLG gained through educational, cultural, aesthetic,
social, and economic enhancements from historic preservation.
B. Preservation Commission - The ordinance shall authorize the creation of a
historic preservation commission. Provisions of the ordinance must
include specific guidance in the membership composition, qualifications,
compensation, appointments, powers, and terms of office of the
commission. The commission staffing, budgeting, rule - making authority,
and legal jurisdiction overseeing historic preservation activities must be
well defined. The ordinance shall give the commission authority to
promulgate its own operating rules (by- laws). Rules of procedure adopted
by the (-ommission shall he available for public inspection. The area of
geographical authority for the commission shall be coterminous with the
boundaries of the local jurisdiction.
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C. Historic Survey and Registration - The ordinance shall include provisions
for the compiling, updating, and maintaining of an inventory of historic
resources located within the jurisdiction of the CLG. The ordinance must
also clearly delineate procedures for evaluating and registering both
individual -hi, ptopet ties and
D. Penalties and Severability - Strict criminal and civil penalty provisions
must be included to ensure enforcement capability and credibility.
Severability shall be included to protect against the disallowance of the L
total , ordinance in the event that one section is determined to be
unconstitutional or otherwise invalidated.
E. Operational Definitions - The ordinance shall include precise definitions
of such terms as preservation commission, historic districts, eligibility
criteria, alteration and improvement standards, demolition stays, and
other preservation terminology to help clarify and define administrative
procedures.
II. The CLG may adopt a historical preservation element for the local
jurisdiction's General Plan, as authorized by the California Government Code.
The CLG, in conjunction with the state, shall establish procedures for
implementation of the element.
III. The CLG shall participate in the environmental review of local projects in
accordance with the requirements under the California Environmental Quality
Act. The commission may review and comment on permit actions affecting
significant listed historic properties and other resources eligible for listing, in
accordance with local ordinance requirements and with the California
Environmental Quality Act. Procedural guidelines should include standards for
demolition stays, design review criteria, anti- neglect requirements, and appeal
strategies.
IV.. The CLG may participate in the review and comment on historic preservation
certification applications for tax incentives. The C'LG and state may establish
procedures for implementation of the investment tax credit program at the
local level in conformance with The Secretary of the Interior's Standards for
Historic Preservation.
V. The C.LG may develop educational programs promoting historic preservation at
the local level such as, but, not limited to, sponsorship of preservation
workshops, publication of preservation information, organizing preservation
fairs, conducting walking tours, and preparing preservation curricula for
schools.
VI. Commission members may act in an advisory capacity to other officials and
departments within the local government and act as a liaison on behalf of the
CLG to individuals and organizations concerned with historic preservation.
VII. The CLG may participate in the Mills Act property -tax relief program for
owners of historic properties.
Viii. The CLG may participate in the Marks Historical Rehabilitation Act for
issuance of tax -exempt industrial development bonds, providing that the
commission shall serve as all or part of the required citizen advisory board.
IX. By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG.
CERTIFICATION OF LOCAL GOVERNMENTS
State shall provide a mechanism for certifying local governments to participate in
the CLG program. Local governments may submit applications for certification at
any time. Application requests shall be submitted by the chief elected local official.
1. The chief elected local official shall request certification from the state in
writing, with specific reference to threshold or expanded level of
participation. The. official request for certification shall include:
A. A written assurance by the chief elected local official that the local
government fulfills and shall fulfill all the requirements of the
certification standards,
B. A copy of the local historic preservation legislation and a copy of the
local government charter, with description of the boundaries administered
by the local jurisdiction,
C. Resumes for each of the members of the historic preservation commission,
D. Names and resumes, where appropriate, of staff members responsible for
administration of the historic preservation program for the commission or
local government,
E. If begun, evidence of a cultural resources survey performed in the
community, with information on the progress and future intent of the
survey, and
F. A brief explanation of activities proposed by the local government to
- provide the state with preliminary information on suggested work
functions.
2. The state shall respond to the chief elected local official within forty -five (45)
days of receipt of an adequately documented written request.
3. A . committee of SHPO staff members shall review the certification
applications to determine the local government's ability to meet state
requirements for the CLG program at either the threshold or expanded level of
participation. SHPO concurrence shall be required for final approval of
certification of a local government.
4. When a local government's certification request has been approved in
accordance with the state's approved certification process, the state shall
prepare a written certification agreement for presentation to the local
governm ent.
A. The certification agreement shall identify the minimum required
responsibilities of the local government when certified. - The agreement
shall also include any additional responsibilities delegated to the CLG.
10
B. State shall forward to the Secretary a copy of the approved request and
the certification agreement.
C. If the Secretary does not take exception to the request within fifteen (15)
working days of receipt of the state's reques , - TH67focal government shall
be regarded as certified by the Secretary:
D. The delegation of responsibilities assigned to the CLG may be modified by
amending the certification agreement with approval of the Secretary.
TRANSFER OF GRANTS TO CERTIFIED LOCAL- GOVERNMENTS
At least ten percent of California's annual HPF allocation shall be transferred to
CLGs for implementation of eligible activities which promote the identification,
evaluation, nomination, and preservation of their communities' significant cultural
resources. Specific activities may include, but not be limited to, adoption of local
preservation - related legislation, development of public education programs,
establishment of comprehensive communitywide historic preservation plans,
nomination of properties to the National Register, administration of a preservation
revolving fund, implementation of a permanent administrative staff position
responsible for preservation activities, and publication of literature on historic
preservation. CLGs may not use HPF grants for the acquisition, development,
maintenance, or operation of historic properties. In addition, transferred monies
shall not be applied as matching share for any other federal grant or for lobbying
purposes.
Any state - directed specific uses of HPF funds shall be for activities for which the
state would be eligible for HPF funding, and which are consistent with the state
comprehensive historic preservation planning process.
California shall snake a reasonable effort to distribute HPF grants among the
maximum number of eligible local governments consistent with 36 CFR 61.7(f)(1).
Reasonable distribution of funds shall include a consideration of equitable allocations
between urban and rural areas and among northern, southern, and central portions of
the state. Equitable distribution discourages a disproportionate share of the
allocation awarded to a single CLG.
The CLG's share of the HPF shali be of a sufficient amount to produce a specific
impact and to generate effects directly as a result of the funds transfer. The state is
not- required to award funds to all governments that are eligible to receive grants.
Program consistency and quality of standards require that the state not award grant
funds to all eligible local governments if there is a risk of sacrificing positive,
tangible results.
Eligible local governments shall adhere to the state's instructions for allocation of
the CLG share of California's annual HPF.
The state shall periodically notify all CLGs of the funding availability of HPF grants
to qualified local governments.
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The CLG receiving a portion of the local share of the state's annual. HPF must satisfy
certain minimum requirements.
1. The CLG must maintain adequate financial- management systems in
accordance with the standards specified in the most recent OMB
Circular A -128.
A. Local financial management systems shall be auditable pursuant to the
General Accounting Office's Standards for Audit o_ f Governmental
Organizations, Programs, Activities, and Functions.
B. The state shall be responsible, ,through financial audit, for the proper
accounting of CLG share monies in accordance with OMB Circular A -128.,
the Single Audit Act of 1984 (Public Law 98 -502).
2. The CLG shall adhere to all requirements of the National Register Programs
Manual, which sets forth administrative procedures and policies for HPF
grants awarded by the Secretary.
3. Indirect costs may be charged as part of the CLG only if the CLG meets the
requirements of the National_ Register Programs Manual and has a current
indirect cost rate approved by the cognizant federal agency.
4. The CLG must adhere to any requirements mandated by Congress regarding
the use of the HPF monies.
5. The CLG shall meet all certification eligibility requirements during the grant
period, as specified in the written grant agreement between the state and the
C LG.
The state shall award funds on a competitive basis to CI-Gs, contingent upon the
following priorities and criteria.
1. The CLG demonstrates a clear understanding of state and local preservation
programs contributing toward the identification, evaluation, and protection of
significant cultural resources within the jurisdiction of the local government.
2. The CLG provides adequate matching local share (50 %) as match for the
federal grant -in -aid.
3. A CLG requesting expanded 'level of participation shall receive higher
selection priority.
4. The CLG clearly presents specific goals and objectives that are realistically
attainable within the funding period.
Within thirty (30) days after the state receives formal obligation of funds from the
Department of the Interior,. the state shall notify CLGs of the successful grant
awards. The state shall submit the selected CI-Gs to the State Historical Resources
Commission for concurrence. The state shall make available to the public, upon
request, the rationale for the applicants selected and the amounts awarded.
12
APPENDIX
DEFINITIONS
For purposes of identi- fica-trotl;
"Approved State Program" means a state historic preservation program that has been
approved by the Secretary of the Interior.
"Certified Local Government" means a local government that has been certified to
carry out the purposes of the National Historic Preservation Act, as amended.
"Chief Elected Local Official" means the elected head of a local government.
"CLG Share" means the funding authorized for transfer to local governments.
"Comprehensive Historic Preservation Planning" means an ongoing process that is
consistent with technical standards issued by the Department of the Interior and
which produces reliable, understandable, and up -to -date information for
decision - making related to the identification, evaluation, and protection /treatment
of historic resources.
"Comprehensive Statewide Historic Preservation Plan" means the part of the planning
process that conforms to the Secretary!s Standards for Preservation Planning and is
approved as part of the State Program Approval Process. The comprehensive plan
entails organizing a logical sequence of preservation information pertaining to
identification, evaluation., registration, and treatment of historic properties, and
setting priorities for accomplishing preservation activities.
"Historic Preservation Fund" means the monies accrued under the Continental
Shelf Lands Act, as amended, to support the program of matching grants -in -aid to the
states for historic preservation programs and projects.
"Historic Preservation Review Commission" means a board, council, commission, or
other similar collegial body.
"Local Government" means a city, county, parish, township, municipality or borough,
or any other general- purpose political subdivision of any state.
"National Register of Historic Places" means the national list of districts, sites,
buildings, structures, and objects significant in American history, architecture,
archeology, engineering, and culture,, maintained by the Secretary of the Interior.
"The National Register Programs Manual" means the manual that sets forth NPS
administrative procedures . and guidelines for activities concerning the
federally- related historic preservation programs of the states, local governments,, and
the National Trust _for Historic Preservation. This manual includes guidelines and
procedures for the administration of the historic preservation grants -in -aid programs
and supersedes the HPF Grants :Management Manual.
13
"National Park Service" means the bureau of the Department of the Interior to which
the Secretary of the Interior has delegated the authority and responsibility for
administering the National Historic Preservation Program.
"Secretary" means the Secretary of the Interior. Unless otherwise stated in law or
regulation, the Secretary has delegated the authority and responsibility for
administering the National Historic Preservation Program to the National Park
Service.
"Secretary's Standards and Guidelines" means the Secretary of the Interior's
Standards and Guidelines for Archeology and Historic Preservation. The standards
and guidelines provide technical information about archeological and historic
preservation activities and methods.
"State" means the State of California, as represented by the State Office of Historic
Preservation.
"State Historic Preservation Officer" is the official within California who has been
designated and appointed by the Governor to administer the state historic
preservation program in California.
"State Program" means,the state historic preservation program in California
"Subgrantee" means the certified local government to which a subgrant is made by
the state and which is accountable to the state for use of the funds provided.
D -2337H
14
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54-
CHAPTER 13
HERITAGE PRESERVATION
INDEX
Article
13-05 GENERAL PROVISIONS
13- 05.01.0
Purpose
13- 05.020
Definitions
13 -10 HERITAGE PRESERVATION COMMISSION
13- 10.010
Creation; qualification of members
13- 10.020
Term
13- 10.030
Vacancy and removal
13- 10.040
Organization.
13- 10.050
Powers and duties
13 -15 DESIGNATION OF A HERITAGE RESOURCE
13- 15.010
Criteria
13- 15.020
Applications
13- 15.030
Study of proposal
13- 15.040
Objections to proposals
13- 15.050
Recommendation by Heritage Commission
13- 15.060
Historic landmark
13- 15.070
Heritage lane or historic district
13- 15.080
Notice of public hearings
13- 15.090
Notice of designation
1.3- 15.100
Termination of designation
13 -20 PERMITS
13- 20.010
13- 20.020
1.3- 20.030
13- 20.040
13- 20.050
13- 20.060
13- 20.070
13-20.080
Permit required
Applications
Supporting data
Heritage Commission action
Issuance of permit
Appeal
Criteria
Hardship
13 -25 MISCELLANEOUS PROVISIONS.
13- 25.010 Fees
13- 25.02.0 Ordinary maintenance and repair
13- 25.030 Duty to keep in good repair;
13- 25.040 Enforcement
CITY OF SARATOGA
CLG 'APPLICATION
ATTACHMENT #1
Heritage Preservation X13- 05.010
C- ARTICLE 13-05
GENERAL PROVISIONS
Sections:
13- 05.010 Purpose
13- 05.020 Definitions
513- 05.010 Purpose
It is hereby declared as a matter of public policy that the recognition,
preservation, enhancement and use of heritage resources within the City is required
in the interest of the health, economic prosperity, cultural enrichment and general
welfare of the people. The purpose of this Chapter is to:
(a) Safeguard the heritage of the City by providing for the protection of
irreplaceable heritage resources representing significant elements of its history;
(b) Enhance the visual character of the City by encouraging and regulating
the compatibility of architectural styles within historic areas which reflect
established architectural traditions;
r (c) Encourage public knowledge, understanding and appreciation of the
f� City's past, and foster civic and neighborhood pride and sense of identity based upon
the recognition and use of the City's heritage resources;
(d) Stabilize and improve property values within the City and increase the
economic and financial benefits to the City and its inhabitants derived from the
preservation, rehabilitation, and use of heritage resources;
(e) Integrate the conservation of heritage resources into the public and
private development process and identify as early as possible and resolve conflicts
between the preservation of such resources and alternative land uses.
513- 05.020 ' Definitions
For the purposes of this Chapter, the following words and phrases shall have
the meanings respectively ascribed to them in this Section, unless the context or the
provision clearly requires otherwise:
(a) Alteration means any exterior change or modification of a designated
historical landmark or any property within a designated heritage lane or historic
district including, but not limited to, exterior changes to or modifications of
structure, architectural details or visual characteristics, grading, surface paving,
the addition of new structures, removal or alteration of natural features,
disturbance of archeological sites or areas, and the placement or removal of any
exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates
affecting the exterior visual qualities of the property, but does not include painting,
landscaping and ordinary maintenance.
Heritage Preservation §13-05.020
(b) Designated heritage lane means a street, road, avenue, boulevard,
pathway or trail designated as a heritage resource pursuant to this Chapter.
(c) Designated historic district means a distinct section of the City,
specifically defined in terms of geographic boundaries, designated as a heritage -
resource pursuant to this Chapter..
(d) Designated historic landmark means a building, improvement, structure,
natural feature, site or area of land under single or common ownership, designated
as a heritage resource pursuant to this Chapter.
(e) Exterior architectural feature means the architectural elements
embodying style, design, general arrangement and components of all the outer
surfaces of an improvement, including but not limited to, the kind and texture of
building materials and the type and style of windows, doors, lights, signs and other
fixtures appurtenant to such improvement.
(f) Heritage Commission means the historical preservation commission
established pursuant to this Chapter- and Commissioner means a member of the
Heritage Commission.
(g) Commission staff means the Planning Director and his authorized
representatives.
(h) Heritage resource means any public or private property designated by
the City, pursuant to this Chapter, as having special historical, cultural,
archeological, scientific, architectural or aesthetic significance, interest or value as
part of the heritage or history of the City, the County, the State or the nation.
(i) Improvement means any building, structure, parking facility, fence, gate,
wall, work of art or other appurtenance or addition thereto constituting a physical
betterment of real property, or any part of such betterment.
Page 13 -4
Heritage Preservation X13- 10.010
CARTICLE 13 -10
HERITAGE PRESERVATION COMMISSION
Sections:
13- 10.010
13- 10.020
13- 10.030
13- 10.040
13- 10.050
Creation; qualification of members
Term
Vacancy and removal
Organization
Powers and duties
S13- 10.010 Creation; qualification of members
There is hereby established a Heritage Preservation Commission consisting of
seven unpaid members who shall be residents of the City and appointed by the City
Council, with the following qualifications:
(a) One member who shall have been a candidate nominated by the Saratoga
Historical Foundation;
(b) One member who, by reason of training and experience, is knowledgeable
in the field of construction and structural rehabilitation, such as a licensed
architect, engineer, contractor or urban planner;
(c) Five members appointed at large having demonstrable interest in
preservation of the heritage resources within the City.
S13- 10.020 Term
'The original appointment of Commissioners shall be as follows: one for two
years; two for three years; and. four for four years. Thereafter, appointments shall
be made for a four -year term. No Commissioner shall serve more than two
consecutive terms.
S13- 10.030 Vacancy and removal
(a) In the event .of. a vacancy occurring during the term of a Commissioner,
the City Council shall make an interim appointment to fill the unexpired term of
such Commissioner, and where such Commissioner is required to have special
qualifications, such vacancy shall be filled by interim appointment, in the manner
herein prescribed, with a person having such .qualifications.
(b) A Commissioner who ceases to be a resident of the City shall
automatically be removed and shall be so notified by the Chairman of the
Commission. The Chairman shall then request the City Council to fill the vacancy.
Any Commissioner may be removed at any time upon the vote of at least three
Councilmembers.
Tn -.- 1.7-15
Heritage Preservation § 13- 10.040
S13-10.040 Organization
(a) The Commission shall elect annually, on or before January 31st, one of
its members to serve in the office of Chairman, and may elect such other officers
from among its members as it deems necessary or desirable. Should a mid -year
vacancy in any office occur, the Commisson shall elect a replacement officer at the
next regular or noticed special meeting to serve until the next annual election of
officers.
(b) The Planning Director shall act as Secretary for the Heritage
Commission, shall be the custodian of its records, shall conduct official
correspondence and shall generally supervise the clerical and technical work
performed at the request or on behalf of the Heritage Commission.
(c) The Heritage Commission shall meet quarterly, or more frequently upon
call of the Chairman or Commission staff, as necessary. All meetings shall be open
to the public and a public record shall be kept of all Commission proceedings and
actions. A majority of Commissioners shall constitute a quorum, with the Chairman
having a vote. The Heritage Commission shall prescribe rules and regulations for
the conduct of its business, thereafter having the powers and authority to perform
the duties hereinafter enumerated.
S13-10.050 Powers and duties
The Heritage Commission shall be advisory only to the City Council, the
Planning Commission and the agencies and departments of the City, and shall
establish liaison and work in conjunction with such authorities to implement the
purposes of this Chapter. The Heritage Commission shall have the following powers
and duties:
(a) Conduct, or cause to be conducted, a comprehensive survey of properties
within the boundaries of the City for the purpose of establishing an official
inventory of heritage resources. The inventory shall be publicized and periodically
updated, and a copy thereof shall be kept on file in the Planning Department.
(b) Recommend to the City Council specific proposals for designation as a
historic landmark, heritage lane or historic district.
(c) Recommend to the appropriate City agencies or departments projects
and action programs for the recognition, conservation, enhancement and use of the
City's heritage resources, including standards to be followed with respect to any
applications for permits to construct, change, alter, remodel, remove or otherwise
affect such resources.
(d) Review and comment upon existing or proposed ordinances, plans or
policies of the City as they relate to heritage resources.
(e) Review and comment upon all applications for building, demolition,
grading or tree removal permits involving work to be performed upon or within a
designated historic landmark, heritage lane or historic district, and all applications
Page 13 -6
Heritage Preservation §13- 10.050
for tentative map approval, rezoning, building site approval, use permit, variance
approval, design review or other approval pertaining to or significantly affecting any
heritage resource. The Commision's comments shall be forwarded to the City
agency or department processing the application within thirty days after receiving
the request for such comments.
(f) Investigate and report to the City Council on the availability of federal,
state, county, local or private funding sources or programs for the rehabilitation and
preservation of heritage resources.
(g) Cooperate with county, state and federal governments and with private
organizations in the pursuit of the objectives of heritage conservation.
(h) Upon the request of a property owner or occupant and at the discretion
of the Heritage Commission, render advice and guidance on the conservation,
rehabilitation, alteration, decoration, landscaping or maintenance of any heritage
resource; such voluntary advice and guidance shall not impose any regulation or
control over any property.
(i) Participate in, promote and conduct public information and educational
programs pertaining to heritage resources.
(j) Perform such other functions as may be delegated to it by resolution or
motion of the City Council.
1
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Heritage Preservation
ARTICLE 13 -15
X13- 15.010
DESIGNATION OF A HERITAGE RESOURCE
Sections:
13- 15.010
13- 15:020
13- 15.030
13- 15.040
13- 15.050
13- 15.060
13- 15.070
13- 15.080
13- 15:0.90
13- 15.100
Criteria
Applications
Study of proposal
Objections to proposals
Recommendation by Heritage Commission
Historic landmark
Heritage lane or historic district
Notice of public hearings
Notice of designation
Termination of designation
S13- 15.010 Criteria
The Heritage Commission may recommend to the City Council designation of
a proposal as a heritage resource if it satisfies any one or more of the following
criteria:
(a) It exemplifies or reflects special elements of the cultural, social,
economic, political, aesthetic, engineering or architectural history of the City, the
County, the State or the nation; or
(b) It is identified with persons or events significant in local, county, state
or national history; or
(c) It embodies distinctive characteristics of a style, type, period or method
of construction, or is a valuable example of the use of indigenous materials or
craftsmanship; or
(d) It is representative of the notable design or craft of a builder, designer,
or achitect; or
(e) It embodies or contributes to unique physical characteristics
representing an established and familiar visual feature of a neighborhood or district
within the City; or
(f) It represents a significant concentration or continuity of site, buildings,
structures or objects, unified by past events or aesthetically by plan or physical or
natural development; or
(g) It embodies or contributes to a unique natural setting or environment
constituting a distinct area or district within the City having special character or
special historical, architectural or aesthetic interest or value.
Heritage Preservation X13- 15.020
513- 15.020 Applications
(a) Applications for designation as a heritage resource may be submitted to
the Heritage Commission by any of the following:
(1) The owner or owners of a building, improvement, structure, natural
feature, site or area of land, requesting designation of their
property as a historic landmark;
(2) The owners of at least sixty percent of the frontage of all recorded
lots abutting a street, road, avenue, boulevard, pathway or trail, or
portion thereof, requesting designation as a heritage lane;
(3) The owners of at least sixty percent of the area of all recorded
lots within a specific geographic section of the City, requesting
designation of the entire section as a historic district.
(b) The City Council or the Planning Commission may also, by resolution or
motion, refer a. proposed designation to the Heritage Commission for its
recommendation and the Heritage Commission may consider a proposed designation
upon its own initiative.
513- 15.030 Study of proposal
The Heritage Commission shall conduct a study of the .proposed designation,
based upon such information or documentation as it may require from the applicant,
the Commission staff, or from other available sources. Public hearings shall not be
required, but the Commission may, in its discretion, receive written or verbal
comments from any persons having an interest in the proposal or any information
relevant thereto.
S13- 15.040 Objections to proposals
(a) In the event designation of a heritage resource is proposed by the City
Council or Planning commission or considered by the Heritage Commission upon its
own initiative, and in the futher event the Heritage Commission, as a result of its
study of the proposal, determines that the proposal should be recommended to the
City Council for designation as a heritage resource, the Heritage Commission shall
mail written notice of its intended recommendation to each person whose name
appears on the latest available tax roll of the County as owning the property, or any
portion thereof, which is the subject of the proposed designation. Such written
notice shall contain a complete description of the proposed designation and shall
advise the property owners that written objections to the proposal may be filed with
the Heritage Commission within forty -five days from the date of the notice.
(b) If objections are filed by the owner of any property proposed to be
designated as a historic landmark, or by the owners of at least forty-one percent of
the frontage of all recorded lots abutting a proposed heritage lane, or by the owners
of at least forty-one percent of the area of all recorded lots within a proposed
historic district, the Heritage Commission shall discontinue any further
consideration of the proposal. Such proposal may not again be considered for
Page 13 -10
Heritage Preservation 513- 15.050
designation as a heritage resource for at least twelve months after the date of
mailing the notice to the property owners unless, prior to the expiration of such
twelve -month period:
(1) The owner or owners of a proposed historic landmark withdraw
their objection; or
(2) A sufficient number of owners of recorded lots abutting a proposed
heritage lane or recorded lots within a proposed historic district
withdraw their objections so as to reduce the total percentage of
objectors to less than forty-one percent; or
(3) In the case of a proposed heritage lane or historic district, the
Heritage-Commission decides to modify the proposal by reducing
the size or boundaries thereof so as to reduce the total percentage
of objectors to less than forty -one percent.
S13- 15.050 Recommendation by Heritage Commission
Provided the Heritage Commission is not required to discontinue consideration ,
of a proposal by reason of objections raised pursuant to Section 13- 15.040, the
Heritage Commission shall render a written report within a reasonable time
accompanied by all of the information and documentation reviewed by the Heritage
Commission. The report shall either recommend the designation as originally
proposed, recommend a modified. designation or recommend that the proposed
designation be rejected. The report shall set forth in detail the reasons for the
Heritage Commission's decision and the information and documentation relied upon
in support thereof. A copy of the report shall be sent to the property owner or
owners.
S13- 15.060 Historic landmark
(a) The report and recommendations of the Heritage Commission on a
proposed historic landmark, together with the information and documentation
pertaining thereto, shall be forwarded to the City Council. The City Council shall .
consider the report at its next available regular meeting and determine whether or
not to accept the Heritage Commission's recommendations. The City Council shall
by ordinance either approve the proposed designation, in whole or in part or as
modified, or shall by motion disapprove the proposal in its entirety.
(b) In the event a designating ordinance is adopted by the City Council, such
ordinance shall become effective thirty days following adoption thereof and the
designated property shall thereafter be subject to the regulations set forth in this
Chapter and such further restrictions or controls as may be specified in the
designating ordinance.
(c) Adoption of a designating ordinance shall be based upon a finding by the
City Council that the designated property has special historical, cultural,
archeological, scientific, architectural or aesthetic interest or value as part of the
heritage or history of the City, the County, the State or the nation, and satisfies one
or more of the criteria set forth in Section 13- 15.010.
Heritage Preservation X13- 15.070
S13- 15.070 Heritage lane or historic district
(a) Report to Planning Commission. The report and,recommendations of the
Heritage Commission on a proposed heritage lane or historic district, together with
the information and documentation pertaining thereto, .shall be forwarded. to the
Planning Commission.
(b) Public hearing; notice. 'The Planning Commission shall conduct a public
hearing on the proposed designation within sixty days after receipt of the Heritage
Commission's report. Notice of the public hearing shall be given in the manner
provided in Section 13- 15.080..
(c) Actions of Planning Commission. The Planning Commission shall either
recommend approval of the designation as originally proposed, or approval of the
designation as modified by the Heritage Commission or the Planning Commission or
both, or recommend that the proposed designation be rejected. If the Planning
Commission recommends approval or modified approval of the designation, it shall
instruct the Commission staff to prepare and shall approve a proposed form of
ordinance for adoption by the City Council designating the heritage lane or historic
district and establishing a zoning overlay for such lane or district. The proposed
ordinance may include such regulations or controls over the designated property as
the Planning Commission deems reasonably necessary for the conservation,
enhancement and preservation thereof.
(d) ...Transmittal-of documents to City Council. The recommendations of the
Planning Commission, together with the report and recommendations of the
Heritage Commission and the information and documentation pertaining thereto,
and the proposed ordinance, if any, shall be transmitted to the City Council and
considered at its next available regular meeting.
(e) Actions of City Council. If the City Council determines that the
proposed heritage lane or historic district should be considered for designation as a
heritage resource, it shall adopt a resolution initiating final designation proceedings.
Such resolution shall schedule a public hearing on the proposed designation to be
conducted within sixty days. Notice of the public hearing shall be given in the
manner provided in Section 13- 1.5.080. The resolution may further provide that
during the pendency of the final designation proceedings, no building, alteration,
grading, demolition or tree removal permit shall be issued for any work to be
performed upon or within the property which is the subject of the proposed
designation, or may be issued only upon specified conditions or under specified
circumstances.
(f) Adoption or disapprovaL At the conclusion of the public hearing, but in
no event later than sixty days from the date set in the resolution for the initial
public hearing, the City Council shall either adopt an ordinance designating the
heritage lane or historic district, in whole or in part, or as modified, or shall by
motion disapprove the proposal in its entirety.
(g) Effective date. In the event a designating ordinance is adopted by the
City Council, such ordinance shall become effective thirty days following adoption
thereof and the designated property shall thereafter be subject to the regulations
set forth in this Chapter and such further regulations or controls as may be specified
in the designating ordinance.
Page 13 -12
Heritage Preservation X13- 15.080
(h) Findings and criteria for adoption of ordinance. Adoption of a
designating ordinance shall be based upon a finding by the City Council that the
designated property has special historical, cultural, archeological, scientific,
architectural or aesthetic interest or value as part of the heritage or history of the
City, the County, the State or the nation, and satisfies one or more of the criteria
set forth in Section 13- 15.010.
S13- 15.080 Notice of public hearings
(a) Notice of the time, place and purpose of public hearings conducted by
the City Council and the Planning Commission pursuant to this Chapter shall be
given not less than ten days nor more than thirty days prior to the date of the
hearing by mailing such notice as follows:
(1) In the case of a proposed heritage lane, notice shall be sent `to all
persons whose names appear on the latest available tax roll of the
County as owning any property abutting the proposed heritage lane.
Notice of the public -hearing shall also be published once in a
newspaper having general circulation in the City not later than ten
days prior to the date of the hearing.
(2) In the case of a proposed historic district, notice shall be mailed to
all persons shown on the latest available tax roll of the County as
owning any property within the boundaries of the proposed district.
Notice of the public hearing shall also be published once in a
newspaper having -general circulation in the City not later than ten
days prior to the date of the hearing.
(b) Failure to send any notice by mail to any property owner whose name
and address is not a matter of public record shall not invalidate any proceedings in
connection with a proposed designation. The City Council or Planning Commission
may, but shall not be obligated, to give such other notices as they deem approprite
or desirable.
813- 15.090 - Notice of designation
(a) Following adoption by the City Council of an ordinance designating a
heritage resource, the Commission staff shall send notice of the designation,
together with a copy of the ordinance, to the owner or owners of the designated
historic landmark, or the owners of all property abutting a designated- heritage lane,
or the owners of all property within a designated historic district. The notice shall
inform such owners that the designated property will be added to the Saratoga
Inventory of Designated Heritage Resources and may be eligible for certain
privileges and benefits under local, state or federal law. The notice shall include a
statement of the regulations and restrictions upon the designated property. The
Commission staff shall also send notice of the designation to:
(1) The Heritage Commission;
(2) The Planning Commission;
Heritage Preservation §13- 15.100
(3) Any agency or department of the City requesting such notice or
affected by the designation;
(4) The Saratoga Historical Foundation;
(5) The Santa Clara County Historical Heritage Commission;
(6) The California State Historic Preservation Officer; and
(7) The Saratoga News.
(b) Notice of the designation as a heritage resource and the complete legal
description of the designated property shall be recorded in the office of the
Recorder for the County.
513- 15.100 Termination of designation
(a) The owner or owners of a designated historic landmark, or the owners of .
not less than sixty percent of the frontage of all recorded lots abutting a designated
heritage lane, or the owners of not less than sixty percent of the area of all
recorded lots within a designated historic district, may apply to the Heritage
Commission for termination of the designation as a heritage resource. The
application shall set forth in detail the grounds for termination and shall be
accompanied by a filing fee to cover the administrative cost of handling the
termination proceedings. C
(b) The same procedures, notices and hearings shall apply to the termination
proceedings as set forth in Section 13- 15.030 and Sections 13- 15.050 through
13- 15.080 of this Article. -
(c) A designation may be terminated only upon a finding by the City Council
that as a result of change in circumstances, the designation is no longer consistent
with the. purposes and objectives of this Chapter and no longer satisfies any of the
criteria set forth in Section 13- 15.0.10.
(d) Upon termination of a designation, notices shall be sent to the same
persons, commissions and agencies as set forth in Section 13- 15.090, and a notice of
termination shall also be recorded in the office of the Recorder 'for the County.
Page 13 -14
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Sections:
13- 20.010
13-20.020
13- 20.03,0
13- 20.040
13- 20.050
13- 2.0.060
1,3- 20.070
13- 20.080
S13-20.010
Heritage Preservation
ARTICLE 13 -20
PER HITS
Permit required
Applications
Supporting data
Heritage Commission action
Issuance of permit
Appeal
Criteria
Hardship
Permit required
§13- 20.010
It is unlawful for any person to alter,. demolish, remove, relocate or otherwise
change any exterior architectural feature or natural feature of a designated
heritage resource, or to construct, alter, demolish, remove or relocate any building,
improvement or other structure within a designated landmark area, heritage Pane or
historic district, or to place, erect, alter or relocate any sign upon or within a
designated historic landmark, heritage .lane or historic district, without first
obtaining a written permit to do so in the manner provided in this Article.
S13-20.020 Applications
Applications for permits, on forms prescribed by the Heritage Commission,
shall be submitted to the Planning Director, who shall forward the application to the
Heritage. Commission for review and comment. The application shall be
accompanied by a filing fee to cover the administrative cost of handling the permit
request.
S13-20.030 Supporting data
The application shall include the following data:
(a) Documentation establishing ownership of the designated property by the
applicant for the permit;
(b) A clear statement of the proposed work;
(c) A site plan showing all existing buildings, structures, trees over twelve
inches in diameter, property lines, easements and the proposed work;
(d) Plans. showing, ..the .- exterior .-elevations, materials and grading of the
proposed work;
Heritage Preservation §13- 20.040
(e) Where the application is for demolition, a detailed statement of the
necessity for demolition together with photographs of the structure to be
.demolished;
(f) Such other information or documents as may be requested by the
Heritage Commission.
§13- 20.040 Heritage Commission action
The Heritage Commission shall complete its review and issue a
recommendation to the Planning Director within thirty days after receipt of the
application, filing fee and all supporting data. Unless legally required, there shall be
no notice, posting or publication requirements for action on the application, but all
decisions shall be made at regular or noticed special meetings of the Heritage
Commission. The Heritage Commission's recommendation shall be in writing and
shall state the reasons relied upon in support thereof. Upon receipt of the Heritage
Commission's recommendations, the Planning Director shall forward a copy thereof
to the applicant.
§13- 20.050 Issuance of permit
If the Heritage Commission recommends issuance of the permit requested in
the application, or issuance of such permit subject to conditions, the Planning
Director shall proceed to issue the permit in accordance with the recommendation
after the expiration of ten days from the date the recommendation is delivered to
the Planning Director, provided that no appeal has been filed during such time and
provided further, that no other approval under this Code is required for issuance of
such permit. In the event the Heritage Commission recommends denial of the
application, the Planning Director shall notify the applicant that the requested
permit will not be granted.
S13-20.060 Appeal
(a) Any recommendations issued by the Heritage Commission with respect
to the granting or denial of a permit may be appealed by the applicant or any
interested person to the Planning Commission. The appeal shall be taken by filing
with the Secretary of the Planning Commission a written notice thereof within ten
days from the date the Heritage Commission delivers its recommendation to the
Planning Director. The notice of appeal shall be signed by the appellant and shall
set forth all of the grounds for the appeal, together with a filing fee to cover the
administrative cost of handling the appeal. Upon receipt of the notice of appeal and
filing fee, the Secretary of the Planning Commission shall set the appeal for hearing
at the next available regular meeting of the Planning Commission. The Planning
Commission shall conduct a hearing de novo on the appeal and *nay adopt, reject or
modify the recommendations of the Heritage Commission..
(b) The decision of the Planning Commission may be further appealed to the
City Council by either the applicant or any interested person, in accordance with
the procedure set forth in Section 2= 05.030 of this Code.
Page 13 -16
C
Heritage Preservation §:13- 20.070
S13-20.070 " Criteria
The Planning Director, on the recommendation of the Heritage Commission, or
the Planning Commission or City Council on appeal, shall authorize issuance of a
permit, or a conditional permit, if and only if, it is determined that:
(a) The proposed work is consistent with the purposes and objectives of this
Chapter; or
(b) In the case of any property located within a designated landmark area,
heritage lane or historic district, the proposed work does not adversely affect the
character. of such area, lane or district; or
(c) In the case of construction of a new building, structure or other
improvement upon a designated landmark area, heritage lane or historic district, the
exterior of such improvements will not adversely affect and will be compatible with
the external appearance of existing buildings, structures and improvements located
w=ithin the designated area, lane or district.
S13-20.080 Hardship
Notwithstanding Section 13- 20.070, the Planning Director, on the
recommendation of the Heritage Commission, or the Planning Commission or City
Council on appeal, may approve an application for a permit to conduct any proposed
work upon or within a designated heritage. resource, if the applicant presents clear
and convincing evidence demonstrating that a disapproval of the application will
work immediate and substantial hardship on the applicant because of conditions
peculiar to the. person seeking to.. carry out the proposed work or because of
conditions peculiar to the particular improvement, building, structure, topography or
other feature involved. If a hardship is found to exist under this Section, the
Heritage Commission or the Planning Commission or City Council shall make a
written finding to that effect, and shall specify the facts and reasons relied upon in
making such finding.
Sections:
.13- 25.010
13- 25.020
13- 25.030
13- 25.040
S13- 25.010 .
Heritage Preservation §13- 25.010
ARTICLE 13 -25
MISCELLANEOUS PROVISIONS
Fees
Ordinary maintenance and repair
Duty to keep in. good repair
Enforcement
* *
Fees
The City Council shall by ,resolution adopt a schedule of fees to be charged for
the filing and processing of applications for designation as a heritage lane or historic
district, applications •for•. termination of designation, applications for any permit
required under Section 13- 20.010, and appeals to the Planning Commission and City
Council pursuant to Section 13- 20.060.
S13-25.020 Ordinary maintenance and repair
Nothing in this Chapter shall be construed to prevent the ordinary
maintenance, painting, landscaping or repair of any exterior feature in or upon any
designated heritage resource that does not involve a change in design, material or
the external appearance thereof, nor does this Chapter prevent the construction,
reconstruction, alteration, restoration, demolition or removal of any such heritage
resource which has been certified by the City building inspector, or fire chief, or
other code enforcement officer as being in unsafe or dangerous condition which
cannot be rectified through the use of the California Historical Building Code.
S13- 25.030 Duty to keep in good repair
The owner, occupant, or the person in actual charge of a designated historic
landmark or property located within a designated heritage lane or historic district
shall keep and maintain in good condition and repair all exterior portions thereof, all
interior portions thereof when subject to special regulation or control as specified in
the designating ordinance or permit, and all interior portions thereof whose
maintenance is necesary to prevent deterioration and decay of any exterior
architectural feature or natural feature.
S13-25.040 Enforcement
(a) The violation of any provision contained in this Chapter is hereby
declared to be unlawful and shall constitute a misdemeanor, subject to the penalties
as prescribed in Chapter 3 of this Code.
(b) The Planning Director shall have the duty and authority to enforce the
provisions of this Chapter, and any other laws, rules or regulations of the City which
Page 13 -19
Heritage Preservation §13-25.040
govern or relate to the issuance of permits for work to be performed upon or within
a heritage resource, by any or all of the following means:
(1) Serving notice upon the owner or occupant of a heritage resource
requiring the correction or removal of any violation of this
Chapter;
(2) Issuance of citations for violation of any provision of this Chapter;
(3) Authorizing and instructing the City Attorney to initiate
appropriate legal proceedings against any person who violates this
Chapter, including actions for injunctive relief to restrain or enjoin
such violation;
(4). Request enforcement assistance' from the County Sheriff's
Department and the City Community Service Officers.
Page 13 -20
CITY OF SARATOGA
CLG APPLICATION
ATTACHMENT #2
STATEMENT OF BOUNDARIES
ON
INCORPORATION OF THE CITY OF SARATOGA
TO THE STATE BOARD OF EQUALIZATTON OF THE STATE OF CALIFORNIA:
`
YOU ARE HEREBY NOTIFIED by the undersigned Acting City
/
Clerk of the City of Saratogar
tr That on the 15th day of OCTOBER, 1956, the Board of Super--
visors of the County of Santa Clara, State of California,
u
pursuant to the Statutes of said State, duly adopted an order
e'
declaring the City of Saratoga to be incorporated as a general
j
lacy city.
That said order became effective on said date and there-
F
upon the County Clerk of the County of Santa Clara transmitted
to the Secretary of State a duly certified copy of said order,
'.' giving its date of passage, which certified copy of said order
was filed by said Secretary of State on the 22nd day of OCTOBER,
1956; that said County Clerk made and filedwith the County
'
Recorder of the County of Santa Clara his affidavit of the
completion of said incorporation proceedings.
A description of the boundaries of the City of Saratoga
and map thereof are attached hereto and made .a part of this
statement.
Dated: AD �'�
, 1956.
q
CITY CLERK OF THE CITY OF SARATOGA
Ac ting City Clerk
111{
i
r
�l
CITY OF SARATOGA
CLG APPLICATION
ATTACHMENT #2
Dr,SCRIPTION OF PROPOSID 3OUNDARIiS
FOR THE CORPORA TL LIMITS OF'THE CITY OF SARATOGA
Beginning at the intersection of the westerly line of the
Saratoga - Sunnyvale Road as it now exists (40 feet wide) with the
southerly line of Prospect Road (40 feet wide); thence easterly in
a direct line to the intersection of the easterly line of said
Saratoga - Sunnyvale. Road as it now exists with the southerly line
of Prospect Road (40 feet wide); thence easterly along the said
Southerly line of.ProsDect Road to the intersection thereof with
the northerly prolongation of the westerly line of Lot 3, Tract
No. 811, Prospect Palms, a maD of which is filed for record in
Book 31 of 2`aos, pages 22 and 23, Santa Clara County Records; thence
southerly along said northerly prolongation and the said westerly
line.of Lot 3 to the southwesterly corner of said Lot 3; thence
westerly along the northerly line of Lot 9 of said Tract No. 811
to the northwesterly corner of said Lot 9; thence southerly along
the westerly line of said Lot 9 to the southwesterly corner there-
of; thence easterly along the southerly line of said Lot 9 and.the
easterly prolongation-thereof to a point which is 210.00 feet dia-
tant northwesterly measured at right angles from the northwesterly
line of Saratoga Avenue (`100 feet wide);. thence southwesterly par-
allel with and 210..00 feet distant northwesterly, measured at right
angles, from the said northwesterly line of Saratoga Avenue (100
feet wide) to the intersection of said parallel line with the south-
erly line of that certain 22..0 acre parcel conveyed to Paul C.
Steffani at ux by Deed recorded in Book 3130, Official Records,
page 485, Santa Clara County Records; thence easterly along the
said southerly-line of the 22.0 acre parcel and its easterly pro-
longation to the intersection thereof with the center line of Sara-
toga Avenue.;• thence southwesterly along the center lime of Saratoga
Avenue to the:intersection.thereof with the northwester..ly prolonga-
tion of the northeasterly line of Lot 1, Block 1, Tract No. 669,
E1 Quito Par.:_, a•map of which is filed for record -in Book 24 of
Maps, pages.43, 44 and 45, Santa Clara County Records; thence south-
easterly along said northwesterly prolongatlon and the northeasterly
line of said Lot 1, Block 1, to the easterly corner of said Lot 1;
thence easterly along the northerly line of Lots 36, 37, 38 and 39,
Block 1, Tract No.. 669, and the easterly prolongation thereof to the
former westerly line of Quito Road (40 feet wide); thence southerly
along the former westerly line of Qu'i•to Roe.d (40 feet wide) to the
Intersection thereof with the southwesterly line of the Southern
Pacific Company's Right of Way as conveyed to the San Jose -Los Gatos
Interurban Railway Co. by Deed recorded in Book 349 of Deeds, page
15, Santa Clara County Records; thence southeasterly along the south=
westerly line of the Southern Pacific Company's Right of Way to the
Intersection thereof with the center line of San Tomas Aquino Creek;
thence in a general southerly and westerly direction upstream follow-
ing the meanderings of the center line of said San Tomas Aquino Creek
to the intersection. thereof with the 1/4 section line running north
and South through the center of Section 18, TownshiD 8 South, Range
1 West, M. D. B. & M.; thence northerly along said 1/4 section line.
and the '1/4 section line running north and south through the *enter }
of Section 7, Township 8 South, Range 1 West, M. D. B. & M. to the
Intersection thereof with the center line of Glen Una Drive as shown !
on Map No. 1 of the Subdivision of Part of'the Glen Una Ranch, as
filed for record in Book "P" of Mans, pages 34 and 35, Santa Clara
County Records; thence at right angles westerly 20.00 feet to the
northwesterly line-of said Glen Una Drive; thence southwesterly and
westerly along the northwesterly and northerly lines of Glen Una
Drive and its continuation westerly as Sunset Drive (both 40 feet
wide) as shown on said Map No. 1, to the intersection thereof with
the township line between Township 8 South, Range 1 Weat, M. D. B.
& M., and Township 8- South, Range 2 West, M.. D. B. & M.; thence
southerly along said township line to the southerly line of Section
-1-
Y t4 ± L,.:rT , �
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12, Township 8 South, Range 2 West, M. D. B. & M.; thence westerly
along the southerly line of said Section 12 to the Intersection
thereof with the westerly line of Peach Hill Drive (40 feet wide,);
thence southerly along the said westerly line of Peach Hill Drive
to the Intersection thereof with the southwesterly line of that
certain 3.42 acre parcel of land conveyed to Willard W. Kimball
et ux, recorded in Book 980, Official Records, page 198, Santa
Clara County Records; thence northwesterly, westerly and northerly
along the southwesterly, southerly and westerly lines of said 3.42
acre parcel to the said southerly line of Section 12; thence west-
erly along the southerly lines of Sections 12 and 11, Township 8
South, Range 2 West, M. D. B. & M., to the most westerly corner of
that certain parcel of land conveyed to Lorrill A. Palm et ux, by
Deed recorded In Book 2085, Official Records, page 270, Santa Clara
County Records; thence In a general northeasterly direction follow-
ing the meanderings of the generally northwesterly line of said
parcel conveyed to Lorrill A. Palm et ux, to the Intersection there-
of with the easterly line of said Section 11, Township 8 South, . I
Range 2 West, M. D. B. & M.; thence northerly along the said east- '
erly line of Section 11 to the Intersection thereof with the center
line of Saratoga Creek; thence in a general westerly direction up-
stream following the meanderings of the said center line of Sara-
toga Creek to the intersection thereof with the westerly line of
said Section 11, Township 8 South, Range 2 West, M. D. B. & M.;
thence northerly along the westerly lines of Sections 11 and 2,
Township 8.South, Range 2 West, and Section 35, Township 7 South,
Range 2 West, M. D. B. & M..; to the southwest corner of the north-
west 1/4 of said Section 35; thence easterly along the southerly
line of said northwest 1/4 of Section 35 to the southeast corner
of the west 1/2 of the northwest 1/4 of said Section 35; thence
northerly along the easterly line of the said westerly 1/2 of the
northwest 1/4 of said Section 35, Townshi-D 7 South, Range 2 West,
M. D. B. & M., to the intersection thereof with the southerly line
of Farr or Prospect Road (40 feet wide) as described in Deed to
County of Santa Clara, recorded In Book ga Official Records, page
76, Santa Clara County Records; thence generally easterly, north-
easterly and easterly along the said southerly line of Farr, Bubb
or Prospect Road to a point 400.00 feet westerly, measured along
said line of Prospect Road, from the westerly line of Saratoga-
Sunnyvale Road as it now exists; thence southerly, parallel with
and 400.00 feet westerly from the said westerly line of Saratoga-
Sunnyvale Road to the Intersection thereof with the center line of
Calabazas Creek; thence in a general southwesterly direction up-
stream along the center line of Calabazas Creek to the intersection
thereof with the northerly line of Wardell Road (40.00 feet wide);
thence easterly along said northerly line of Wardell Road to the
Intersection thereof with the westerly line of Saratoga-Sunnyvale
Road (40 feet wide); thence northerly along said westerly line of
Saratoga - Sunnyvale Road to the point of beginning.
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CITY OF SARATOGA
CLG APPLICATION
ATTACHMENT #3
HERITAGE PRESERVATION COMMISSION RESUMES
Attached are resumes for the current Heritage Preservation Commission
members, as follows:
Elizabeth Ansnes
Roy Cameron
Warren Heid
Norman Koepernik
Sharon Landsness
Richard Tyrrell
Barbara Voester
RMOI TIN
Elizabeth Ansnes
13225 Via Grande Court
Saratoga, CA 95070
Education University of California, Berkeley BA major History, minor English
University of California, Berkeley MA History, additional course
work toward Ph.D degree, California Community College teaching credential
West Valley College, Saratoga courses in data processing, local,
history and archeology
Employment Current - Instructor in History, West Valley Community College.District
teaching courses at three campuses of the district
198 -86 - Director of'Technical Support, RJE Communications
1965 -67 - Instructor in History and Political Science, City College
of San Francisco
Community
Activities Current - Member, Saratoga city Heritage Preservation Commission
Board member - Good Government Group of Saratoga
1981 -85 - Member and Chairman, Board of Trustees, Saratoga Union
School District.
Membership-:National Trust for Historic Preservation
California Historical Society
Saratoga Historical Foundation
RO'v' S. CAMERON
A Resume:
Born in l3an Francis-co in 19-20- attended the Llniver,sitq of California,
receiving a BA degree in Political Science in 111-441, and d Master of City_
Planning degree in 19511.
After three years with the San Francisco Redevelopirrient Agencq
joined
the County of Santa Clara Planning Department in 1954, remaining there
until retirement in 1960. Appointed Assistant Planning Director i.n 1959,
and Planning D'ilrector in 1967. In 1962 directed the first inventory of
historic buil ding-.---; and sites fair Santa Clara County. As- Planning Director
estdbli-,:.-hed an historic preservdt.ion section in the planning department
which served as staff to the County'-:3 Historical Preser-,-ation Comm i ssi on.:
expanded the inventory of historic landt-narks- and published a Heritage
Re` OUrce Inventory for the County in 1979.: d.e•eloped an historic. zoning
district and applied it to the tm.,,.,n of New Almaden and the adjoining Ne�•,,•
Alt-ni-3den Mines and prepared an historic eletr-en t Lh CCL -t S
General Plan.
Appointed to the Saratoga Heritage Pre-,-.er•,,,,dtion Cornrnls;ion in '19673.
3 3. HEIIE) q I.�
A N D A S S 0 C I A T E S
A R C H I T E C T S ® P L A N N E R S
1 4630 BIG BASIN WAY • P.O. BOX 14 • SARATOGA o CALIFORNIA 95070 0 867 -9365
RESUME Warren B. Heid AIA
14630 Big Basin Way, Saratoga, CA
EDUCATION University of California - Berkeley - 1950
Bachelor of Architecture - College of Architecture
LICENSE Architect California C -2126 - 1956
HONORS Departmental Honors on Graduation- 1950 .
University of California - Berkeley
University Medal for Excellence in Design - 1949
University of Galifornia - Berkeley
Saratoga " of the Year - 1982
Saratoga Chamber of Commerce
American Institute of Architects "Honor Awards
Ponderosa Lodge, Mt. Hermon Association
Santa Clara Co. Tra'nsi't District Terminal
Residence for Dr. and Mrs. Horace Jones
EXPERIENCE Architect with Offices in Saratoga - 1958 . to date
Preservati.on Officer - American Institute of Architects
Santa Clara Valley Chapter - 1964 to date
Member - Historical Steering Committee - 1965/66
San Jose Landsmark Commission
Member Santa Clara Co. Planning Commission - 1967/74
Chairman - Santa Clara Co. Planning Commission - 1971
Director - Plontalvo Association - 1977 to date
Director - Saratoga Historical Foundation - 1980 to date
Member - Saratoga Heritage Commission - 1983 to date
DATE January 20, 1987
R E S U M E
�r
LANDMARK DESIGNS,,
21786 VIA REGINA • SARATOGA, CALIFORNIA 95070
� J
RESUME i
Sharon D. Landsness
March 31, 1987
Education: Bachelor of Arts Degree, 1967, Scripps College for Women,
Claremont, California
Senior Thesis awarded Honorable Mention on the subject of
Spanish Architecture and its Relevance to the California
Environment
Major fields of study included Art and Architectural Design
as well as the history of both these fields
1968: Compiled the historical data for a brochure of a home tour
of Saratoga's historic homes sponsored by the Law Wives of
Santa Clara County
1969 &1979: had two sons
1982: Applied for membership on'the newly formed Saratoga Heritage
Preservation Commission
1983: Established the Robinson Heritage Resource Collection of
materials related to the subject of historic preservation
in the reference section of the Saratoga Community Library
1984 -1986: Served three consecutive years as Chairperson of the Commis-
sion and was actively engaged in the following:
1) Organized a Town Meeting in October 1984 with four
well - versed speakers on the subject of historic preserva-
tion. As this was a public education oriented affair,I
also wrote an*esigned a pamphlet on historic preservation
to be handed out.
2)Organized two Heritage Home Tours (1985 & 1986) in
partnership with the California History Center, DeAnza
College. I provided all of the graphic illustration for
the brochure, organized the Walking Tour and designed
the brochure for the printer as well writing the material
related to the history of the homes involved.
3) Successfully lobbied the Saratoga City Council to
accept the Queen Anne Cottage style Warner Hutton House
from Cal Trans when the new freeway goes through its
present site. It will be for the use of Saratoga's many
volunteer Commissions as a meeting house among other things.
1985 & 1986:Served as a member of the Mayor's Task Force that dealt with
the historic Saratoga Village, ensuring that the subject
of historic preservation was not ignored, and also the
followup committee that worked with the engineering firm
of MacKay & Somps which drafted the 1.986 Village. Plan
now under consideration.
1987: I am presently enrolled at West Valley College in the
Interior Design Department. As well as other preservation
endeavors, I hope to have a hand in the restoration and
rehabilitation of the Warner Hutton House as well as
organize the fund - raising activities that will surely be
needed to pay for it.
SHARON D. LANDSNESS • 408 / 867 -4520
RICHARD G. 'TYRRELL
12336 Obrad Drive
Saratoga, CA 95070
(408) 253 -5154
(408) 725 -2440
EXPERIENCE
1985 - Present RICHARD G. TYRRELLJTHE DI -COM GROUP - Consulting,
Development and Marketing- Direct Sales.
1970 - 1985 BANK OF AMERICA NT &SA - Area, Branch and Regional
Management and Marketing- Direct Sales.
1969•
MERCHANDISING DYNAMICS - Consulting and Administration.
CINCINNATI INC. /HU -MAC - National Marketing and
Development.
1963 -
1969
BANK OF CALIFORNIA NA - Advertising, Marketing, Public
Relations and National Market Development- Direct Sales.
1960 -
1963
PROVIDENT NATIONAL BANK - Marketing and Corporate
Development. Forums and Seminars.
1957 -
1960
UNITED STATES NAVY - Engineering, Damage Control, Deck and
Amphibious Landing Officer. UDT Training. Honorably
Discharged LT`(jg) .
EDUCATION
1953 -
1957
UNIVERSITY OF PENNSYLVANIA - Wharton School. Accounting,
Economics and Finance.
1957
NA -VAL OFFI,C'ER'S CANDIDATE SCHOOL
1964
NORTHWESTERN UNIVERSITY - Financial. Marketing
1972
WEST VALLEY COLLEGE - Management.and Administration..
1981 -
Present
COLLEGE OF NOTRE DAME - MBA Program.
COMMUNITY
Chambers of Commerce, Symphony Association, PIBA, Salvation Army, Development
Centers, Soccer Referee and Rotary.
FAMILY
Wife - Science Teacher at Harker Academy and .graduate in Education -
University of Michigan.
Daughter - Graduate in-Social Science - California State University at Chico.
Have lived in Philadelphia, San Diego,.0akland Hills, Palo Alto and Saratoga.
INTERESTS
Community service; golf; history; presentations; political campaigns; public
speaking.; reading; research; sales and customer service training; skiing;
travel; and writing.
RICHARD G. TYRRELL
BACKGROUND
Ancestral background includes presence in historic Bucks County,
Pennsylvania since early 1600's when William Penn granted land in
Bristol Township to a maternal cousin, Reverend William Dungan, for
the first non - Quaker church.
Great - grandparents and grand - parents deeply involved in agriculture,
community development and pre°s.erva.tion in Newtown, Pennsylvania.(which
was in Washinton's path when he led troops from Valley Forge to Trenton
in 1777, is six miles from Washington's Crossing and fifteen miles from
New Hope) from mid- 1800's to mid -1940.
Involved in construction projects in early teensrela.ted. torestoration
of older homes in the vicinity of Newtown and Washington's Crossing.
Guided tours at the University of Pennsylvania in 1955 -57• Developed
historic tours in Philadelphia in early 1960's including research,
documentation, implementation and moderating..
Participated in financing, relocation and restoration of Victorian
homes in San Francisco in mid- 1970's.
Recognized expert on the life and works of William Chapman Ralston (the
"Man Who Built San Francisco ") and his home in Belmont, California which
is owned by and on the grounds of the College of Notre Dame. Commissioned
paintings which are in the Belmont Branch of the Bank of America and
include Ralston's Mansion and other historic buildings in Belmont.
Original proposer of the development of a technology museum in Silicon
Valley in 1973 to reflect the pioneering aspects and modern day applicatior
of technology,
Proposed comprehensive program for the celebration of the 200th Anniversart
of the U.S. Constitution to the "We The People 200 Committee ", which is
headquartered in Philadelphia, in 1985•
Continuing student of United States history since the late 1940's including
the contribution and involvement of people in building America. Equally
interested in regional-and local California. history.
Resident. of Santa Clara County since 1965 (Palo Alto 1965 -70 and Saratoga
1970 to present) and a community activist.
Elected to the Saratoga. Historical Preservation Commission in July 1986.
BARBARA S. VOESTER
14251 Burns Way
Saratoga, California 95070
(408) 867 -2422
EDUCATION
------------------------------------------------------------------------
1963 Bachelor of Arts, San Jose State College
Mayor: Home Economics, Minor: Health Education
1964 General Secondary Teaching Credential
Course work included: History of Housing,
Architectural Design, History of Victorian Era.
1977 -to 1988 West Valley College: Physics, History of
California, History of Santa Clara Valley
CAREER PROFILE
------------------------------------------------------------------------
Prior
to 1964
Sales, Camp Counselor, Park Director (Recreation
Department)
1964
Home Economics Teacher, Redlands Unified School
District
1966
Substitute Teacher, Santa Clara and San Mateo
County Schools
1966
to 1969
Home Economics Teacher, Fremont Union High School
District
1971
to 1977
Substitute Teacher and Home Teacher. Santa Clara
County Schools
1979
to 1983
Teacher's Aide, Satatoga Union School District
1982
to present
Clercial, Aftermath Taxes
COMMUNITY ACTIVITIES
-------------------------------------------------------------------------
1962 Japanese exchange student (Stockton Sister City
Program)
1973 Girl Scout co- leader
1975 to 1985 Environmental Volunteer (Classroom and on the trail
presentations of environmental preservation topics
to elementary school children)
1982 to present Saratoga Heritage Preservation Commission
(Chairman, 1982)
My interest in historical preservation has been a part of my
life for many years. I am a fifth generation Stocktonian
(Stockton, California) and have been working on my family's
geneology for many years. Since moving to the Santa Clara Valley
and to Saratoga in 1968, I have become very interested in this area.
I feel it is vital that we preserve our heritage in order to have
something to "give" to the generations to come.
CITY OF SARATOGA
CLG APPLICATION
VALERIE JO YOUNG, AICP ATTACHMENT #4
140 ROCK HARBOR LANE * FOSTER CITY * CA * 94404 * (415) 341 -8257
EXPERIENCE
7/86 -
present
Associate
Planner. City of Saratoga, California.
1/82 -
6/86
Assistant
Planner. City of Santa Cruz, California.
10/79
- 12/81
Assistant
Planning Director. City of Prescott, Arizona.
Geography
Instructor, Yavapai Community College, Prescott.
8/77 -
5/79
Research/Teaching Assistant. Arizona State University.
EDUCATION
8/77 - 5/79 Arizona State University, Master of Arts, Geography.
9/75 - 12/75 University of California, Berkeley. Graduate courses in
geography and library science
9/70 - 8/74 University of California, Santa .Barbara. Bachelor of Arts,
History.
PROFESSIONAL DEVELOPMENT
Planning General Plan Preparation. March, 1987, San Francisco.
Fiscal Impact Analysis. March, 1987, San Jose.
APA National Conference. April, 1986, Los Angeles.
Design Review Clinic. March, 1985, San Francisco.
California Land Use Law. March, 1982, San Francisco.
Historic
Preservation California State Historic Preservation Conferences.
Sacramento, 1984. Claremont, 1985. Coronado, 1987.
Preservation Tax Incentives. February, 1982, San Francisco.
PROFESSIONAL ASSOCIATIONS
American Institute of Certified Planners
American Planning Association
California Preservation Foundation
Association of American Geographers
CITY OF SARATOGA
CLG APPLICATION
ATTACHMENT #5
INFORMATION ON HERITAGE RESOURCE INVENTORY
The Heritage Preservation Commission is directed by ordinance to
conduct a comprehensive survey of heritage resources in Saratoga
(City Code, 13- 10.050(a)). The Commission has been working on
a heritage resource inventory since the Commission was established
in 1983. . This task is now near completion, with the anticipated
adoption of the inventory by the City Council to occur by June,
1988. The inventory will consist of about 80 entries and will
ultimately be published in book form. The State of California
Historic Resources Inventory Form will be complete for each entry.
Attached is the preliminary index of proposed properties to be
included in the inventory.
1
HERITAGE
RESOURCES INVENTORY
INDEX
(Preliminary Draft)
Architectural
No.
Historic Name
Address
Style
Aqe
1.
Saratoga School
14592
Oak St.
Mission Revival
1923 .
2.
Rawdon Dell
13631
Saratoga Ave.
California
1916
Bungalow
3.
Warner Hutton House
13495
Sousa Lane
Queen Anne
18901's
4.
Mrs. John Bell House
14.475
Oak Place
Shingle Craftsman
1910
(Almond Hill)
5.
Paul Masson Lodge
Pierce Road
French Chateau
1936 .
6.
Villa Deodora
20330
Saratoga-
Mediterranean
1912
Los
Gatos Rd.
Villa
7.
Pike Estate
14684
Pike Road
Normandy Chateau
1926
8.
Hakone Gardens
21.000
Big Basin Way
Japanese
1918
9.
Fabretti House
14669
Big Basin Way
Pioneer
18.81
1.0.
John Henry House
14630
Big Basin Way
Pioneer
1869
11.
St. John's Episcopal
14700
Sixth Street
Pioneer
1896
Church
12.
Madronia Cemetery
14766
Oak Street
Pioneer
1850's
13.
Hannah McCarthy House
20600
Lomita Ave.
Greek Revival
1877
(Pioneer)
14.
William King House
14672
Oak Street
Pioneer (Colonial)
1870
15.
Congregational Church
14666
Oak Street.
Pioneer (Greek
1886
Parsonage
Revival)
16.
Missionary Settlement
14683
Oak Street
Queen Anne
1897
House
17.
Erwin T. King House
14605
Big Basin Way
Colonial Salt Box
1875
18.
Pettis Livery
14605
Big Basin Way
Pioneer
1898
19.
Marsh - Metzger House
14599
Big Basin Way
Bungalow
1909
20.
Springer House
20770,Wildwood
Way
Pioneer
1851
21.
Glen Una Ranch
19490
Glen Una. Dr.
Spanish Colonial
1925
1
HERITAGE RESOURCES INVENTORY INDEX
Architectural
No. Historic Name Address Style Aqe
22. Grover House 14521 Big Basin Way Pioneer 189.0's
23. Green Store Building 14,519 Big Basin Way False -front 1890
pioneer'
24. Cloud - Smith Building 14501- 14503 Decorative pioneer,
Bia Basin Wav Neoclassical 1884
25.
26. Sam Cloud Hay & Feed
20640
Third Street
Pioneer
1884
Warehouse
Sunnyvale Road
Lane
37.
Memorial Arch and
27. Hutchinson Building
14495
Big Basin Way
Pioneer
1884
28. Saratoga Bank
144.21
Big Basin Way
Classic Revival
1913
Banking
B. Grant Taylor House
14.421 Saratoga-
California
1906
29. Kerr -Hogg Building
14413 -14415
False front
1910
Library
Big
Basin Way
14510 -14540
Pioneer
31.
Henry Jarboe House
20611 Brookwood
Pioneer
1858
Sunnyvale Road
Lane
37.
Memorial Arch and
32.
F.B. Willard House
20601 Brookwood
California
1916
Revival
38.
Lane
Craftsman
Pioneer
33.
B. Grant Taylor House
14.421 Saratoga-
California
1906
Saratoga Village
14410 Oak Street
Sunnyvale Road
Craftsman
Library
34.
J. E. Foster House
14510 -14540
Pioneer
1880's
Big Basin Way
35.
Pollard House
20731 Marion Ave.
Queen Anne.
1880's
Cottage
36.
Neil Carmichael House
14051 Saratoga-
Neoclassic
Sunnyvale Road
37.
Memorial Arch and
Saratoga -Los Gatos
Spanish Col.
Landmark Plaque
Road /Saratoga Ave.
Revival
38.
Methodist- Episcopal
20490 Saratoga-
Pioneer
Church
Los Gatos Road
39.
Saratoga Village
14410 Oak Street
Mission Revival
Library
2
1914
1919
1895
1927.
HERITAGE RESOURCES INVENTORY INDEX
Architectural
No. Historic Name Address Style
40. McWilliams House
41.
42.
43.
44.
Hogg Building /Swanee
Dress Shop
20460 Saratoga- Pioneer
Los Gatos Road
204.50 Saratoga- False -front
Los Gatos Road pioneer
Saratoga Volunteer 14488 Oak Street N/A
Fire Bell
Age
1850's
1904
1903
Lundblad's Lodge 14534 Oak Street Craftsman /Shingle 1905
Bell Grove (D.C. 20360 Saratoga- Spanish Colonial 1904
3
Pioneer
Decorative
Decorative
Pioneer
Pioneer
Pioneer
Mediterran
1911
1923
1916
18'70
1925
1870's
Pioneer- 1889
Pioneer 188.2
1870's
1880
1880's
:an 1920
1920
Dutch Colonial 1916
Bell House)
Los
Gatos Road
51.
45.
Woodleigh (G.A.
20375
Saratoga-
Greek Revival
1412.0
Wood House)
Los
Gatos Road
14075
46.
Saratoga Federated
20390
Park Place
Mission Revival
55.
Church
139'15
Saratoga Ave.
56.
47.
Saratoga Foothill Club
20399
Park Place
Bay Region
48.
Francis Dresser House
14300
Saratoga Ave.
Neoclassic
49.
Luther - Cunningham
14280_
Saratoga Ave.
Period Revival
59.
Stone House
14445
Donna Lane
50.
Central Park Orchard
Saratoga /Fruitvale
N/A
3
Pioneer
Decorative
Decorative
Pioneer
Pioneer
Pioneer
Mediterran
1911
1923
1916
18'70
1925
1870's
Pioneer- 1889
Pioneer 188.2
1870's
1880
1880's
:an 1920
1920
Dutch Colonial 1916
Ave.
51.
Thomys House
1418.9
Saratoga Ave.
52.
J.C. Cunningham House
1412.0
Saratoga Ave.
53.
E.M. Cunningham House
14075
Saratoga Ave.
54.
Meason House
13991
Saratoga Ave.
55.
McGrew - Atkinson House
139'15
Saratoga Ave.
56.
Crowell House
19855
.Douglas Lane
57.
Hayfield Caretaker
14315
Douglas Lane
and garage Bldgs.
58.
Hayfield House
20235
La Paloma Ave.
59.
Webster -Sutro House
14445
Donna Lane
3
Pioneer
Decorative
Decorative
Pioneer
Pioneer
Pioneer
Mediterran
1911
1923
1916
18'70
1925
1870's
Pioneer- 1889
Pioneer 188.2
1870's
1880
1880's
:an 1920
1920
Dutch Colonial 1916
HERITAGE RESOURCES INVENTORY INDEX
Architectural
No.
Historic Name
Address
Style
60.
Rancho Bella Vista
20021 Bella Vista
Italian Villa
61.
Sterne- Andres House
20:105 Rancho Bella
Ranch House
Vista
62. Hale Estate 20252 Hill Avenue Mediterranean
63.
64.
65.
. .
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
James Richards House
Villa Montalvo
Tibbett House
Cherrymount
Reynolds Ranch
Drown House
Meagher- Smiley House
Odd Fellows Home
Ellis House
San Tomas Grammar
School
Brandenburg House
Anderson House
T.S. Montgomery
Stone Wall
Nardie House
Higginbotham House
Van Arsdale House
Age
1917
1880's
1930's -
20150 Bonnie Brae Craftsman Bungalow .1910
15400
Montalvo Road
Italian Villa
1912
19221
Saratoga-
Craftsman,
1910
Los
Gatos Rd..
Bungalow
19474
Burgundy
Farmhouse
1860
Way
13616
Fruitvale
Farmhouse
1871
15095
Fruitvale
Colonial Revival
1905
Ave.
15231
Quito Road
Southwest Colonial
1941
14500
Fruitvale Ave.
Mission Revival
1912
147,11
Fruitvale Ave.
Pioneer
1885
14004
Quito Road
Dutch Colonial
?
18490 Ravenwood
Drive
12239 Titus Avenue
20400 Saratoga -
Los Gatos Road
14650 Sixth Street
14275 Saratoga Ave.
14690 Oak Street
4
Decorative Pioneer 1888
Pioneer ?
N/A ?
CITY OF SARATO.GA
CLG APPLICATION
ATTACHMENT #6
SUGGESTED ACTIVITIES FOR THRESHOLD -LEVEL PARTICIPATION
1) Public education programs and publications.
2) Updates to heritage resource inventory.
3) Assistance in nomination of properties to the National Register
of Historic Places.
CITY OF SARATOGA
CLG APPLICATION
ATTACHMENT #7
COMPLIANCE WITH REQUIREMENTS FOR PARTICIPATION
1. Enforce appropriate state or local legislation for the designation and
protection of historic•properties.
The City of Saratoga has adopted an historic preservation which
containes a provision for the designation and protection of historic
resources. To date,10 properties have been designated.
2. Establish an adequate and qualified historic preservation review
commission by state or local law.
The City of Saratoga has established a 7- member Heritage Preservation
Commission by local ordinance (see Attachment #1, Section 13- 10.010 -050).
The Commission meets twice a month and is provided staff support by the
Planning Department. The Commission has an annual budget for attending
conferences and training sessions, and is responsible for the prepar-
ation of the heritage resource inventory. If the City of Saratoga is
approved as a CLG, the Commission will be responsible for publishing
procedures for registering local resources on the National Register
of Historic Places, and for submitting an annual report of its ac-
tivities to the State Office of Historic Preservation.
3. Maintain a system for the survey and inventory of historic properties.
The Commission is currently preparing an inventory of heritage resources
in accordance with the California.Historic Resources Inventory Workbook.
Each property will have a completed State inventory form.. The inventory
will be periodically updated in the future as appropriate.
4. Provide for adequate public participation in the local historic program.
Commission meetings are open to the public, with published agendas and
minutes in accordance with the California Open Meeting Act. The public
is encourage to participate in preservation activities through publica-
tion of Commission vacancies and individual member efforts.
5. Satisfactorily perform the responsibilities delegated to the CLG.
The City of Saratoga shall comply with the CLG program requirements and
carry out its responsibilities in an efficient and satisfactory manner.
CITY OF SARATOGA
CLG APPLICATION
ATTACHMENT T# 8
RESOLUTION NC. 1
RESOLUTION OF THE CITY COUNCIL OF TOE CITY OF SARAT06A
APPROVING THE APPLICATION AND CERTIFICATION AGREEMENT FOR
THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM
WHEREAS, the Congress under Public Law 89 -665 has authorized the
establishment of a Certified Local Government Historic Preservation
Program; and
WHEREAS, the State Department of Parks and Recreation is responsible
for the administration of the program within the state, setting up
necessary rules and procedures governing application by local agencies
under the program; and
WHEREAS, said adopted procedures established by the State Department
of Parks and Recreation require the applicant to certify by resolution the
approval of applications prior to submission of said applications to the
state;
NOW, THEREFORE, be it resolved that the City Counc,ii hereby:
1) Approves the filing of an application for certification under the
Certified Local Government Historic Preservation program; and
L) Appai Ts the City g 1 deputy agent `
h Manager o� his authorized de u�• as a ens c. she
city to coordinate, process, and execute all contracts,
agreements, amendments, and ancillary documents within the scope
of the attached application for certification.
The above and foregoing resolution was passed and adopted at
meeting of the Saratoga City Council held on the
1967, by the following note:
AYES:
NOTES:
ABSENT:
ATTEST:
Deputy City Clerk
Mayor
a regular
_ day of
CITY OF,SARATOGA
HERITAGE PRESERVATION COMMISSION
MINUTES
DATE: Wednesday, November 18, 1987 3:00 p.m.
PLACE: Saratoga Community Library, 13560 Saratoga Avenue, Saratoga
TYPE: Regular Meeting
I. Routine Organization
A. Roll Call
Present: Commissioners Voester, Cameron, Ansnes, .
Koepernik,- Tyrrell (3:30)
Absent: Heid, Landsness (excused)
Staff: V. Young
B. Approval of minutes -of 11/4/87
Commissioner Ansnes suggested a change in the wording in
the paragraph on topics for the joint meeting with the
Planning Commission; the second topic suggested is to read
"discussion on...." rather than "process for adopting...."
MIS Voester /Cameron to approve minutes as corrected.
Passed unanimously.
C. Posting of Agenda
Staff noted the agenda was posted at City Hall on•Friday,
November 13, 1987.
D. Oral and Written Communications
None.
II. New Business
A. Review application for Certified Local Government Program.
V. Young reported that the application was now complete
.and would be scheduled .for Council review and approval
upon the Commission's recommendation. Commissioner
Voester suggested one correction on Attachment V. The
Commission expressed pleasure that the application was
finally complete and looks forward to participating in the
program..
M/S Voester /Koepernik to accept the application as
prepared by staff and recommended its approval to the City
Council. Passed unanimously.
1
� •G�
13777 FRUITVALE AVENUE SAR.ATOGA, CALIFORNIA. 95070
(408) 867 -3438
MEMORANDUM
'TO: Harry Peacock, City Manager DATE: 1/14/87
FROM: Heritage Preservation Commission
SUBJECT: Work Priorities for 1987 -88
At its January 7,' 1987 meeting, the Heritage Preservation
Commission discussed-its 1987 -88 work priorities. The.following�
is the list that was unanimously ,adopted by -the Commission and is
herewith submitted for your' consideration:
1.• Finish the heritage resources inventory.. Explore the
possibility of-. hiring.professional assistance to complete
this task. `c
2.- Complete. the .,application for-participation in the Certified
Local Government Program (information attached.),
3. Increase public- awareness of. preservation activities and
heritage resources in.Saratoga.
4. • ' Encourage: ' ° property � :.owners' to ,participate in designated
program.
5. Initiate, the' use : -0f,bronze•.plaques to designate heritage
resources. .
6.. Continue: monitoring progress on the Warner Hutton 'house.
7. Develop.. fina'ncial' a'pd regulatory incentives for preservation
in Saratoga, -:
8.. Administrative' . -.business-'l develop Heritage Commission
handbook,.and*bylaws,'•provide input-on planning issues related
to preseryation•(Village.Plan, bed and breakfast ordinance,
etc.).
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: December 16, 1987
ORIGINATING DEPT: ENGINEERING
• l
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT: MV Resolution Prohibiting Parking on Portions of. Oaks Street
at Third Street
Recommended Motion:
Adopt Resolution No. MV
Oak Street ".
Repoft Summary:
'Resolution Prohibiting Parking on Portions of
This recommendation comes after a traffic review of the intersection,
spurred
by a letter from the Three Oaks Homeowner's Association requesting stop signs be installed
on Oak Street -at both approaches to Third Street. None of the warrants were met for
additional stop "signs (one already exists on Third Street at its intersection with Oak
Street).' Also, there have been no accidents at this location during the past 10 years
11 months.
By eliminating the additional two parking spaces (one additional each side.of
Third Street) the sight distance will greatly be improved.
The Public Safety Commission concurs with this recommendation. . •
Fiscal Impacts:
The placement of signs anal painting the curb red should-not exceed•$100.00 of
which would come from the traffic safety budget (3033- 3010).
Attachments:
1. Resolution No. MV
2. Location Map.
3. Public Safety Commission Action.
4. City Engineer's Report to Public Safety Commission.
5. Letter from Three Oaks Homeowner's Association.
Motion and Vote:
RESOLUTION NO. MV
RESOLUTION PROHIBITING PARKING
ON PORTIONS OF OAK STREET
The City Council of the City of Saratoga hereby resolves as follows:
Section 1; Based on an engineering and traffic study, the following designated
portions of streets in the City of Saratoga are hereby declared to be congested
areas and the following limits for parking of motor vehicles are hereby established
for said portions of said streets:
Name of Street Description Parking Limit
Oak Street On the northwesterly side from No Parking
the southwesterly curb line of Anytime
Third Street to a point 64'± south-
westerly thereof.
Oak Street On the northwesterly side from the No Parking
north - easterly curb line of Third Anytime
Street to a point 62'± north- easterly
thereof.
This Section shall become effective at such time as the proper signs and /or
markings are installed as delineated above.
The above and foregoing resolution was passed and adopted by the City Council
of the the City of Saratoga at a regular meeting held on the 16th day of December,
1987, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
YOR
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13777 FRU ITVA LE AVENUE SARATOGA. CA,LI FORN IA 95070
(408) 867 - 3,1:38
COUNCIL MEMBERS:
Karen Anderson
Martha Clevenger
November 30, 1987 Joyce Hlava
David Moyles
Donald Peterson
To: Bob Shook
From: Community Services Director
Subject: Public Safety Commission Actions on your Requests
At.their regular meeting on November 9, 1987, the Public Safety
Commission acted on your traffic safety requests as outlined
below:
Stop sign addition on Oak Street at Third Street
The Public Safety Commission agreed with your staff
recommendation that no additional stop signs be-installed at this
intersection. They also agreed to remove the Darking as outlined
in your report to them on the subject. In addition, they agreed
that the stop bar on Third Street should be moved' forward into
the intersection.
Stop sign addition at Arro yo de Arguello at Comer Drive
The Public Safety Commission supported your staff recommendation
that a stop sign be installed at the corner of Arroyo de Arguello
at Comer Drive.
Your report• also made reference 'to, oleander bushes causing
periodic site obstructions at this intersection as a result of
their growth. You indicated that the property owner should be
encouraged to remove the oleander bushe or periodically reminded
to tr m them so that a site obstruction does not occur. The
Public Safety Commission felt the City should not be responsible
for periodically reminding the property owner to trim the
oleander bushes. If the property owner wishes•to maintain these
bushes, it 'is their responsibility.to keep-them trimmed or be
sanctioned with a citation from the City for a violation. For
.your information, I concurred with the Public Safety Commission's
recommendation and have given administrative direction to our
Community Service Officers to cite the property owners when the
oleander bushes grow to the point where they represent a traffic
-hazard at the intersection. I have also advised the property
.owners that they will be receiving no further warnings in this
matter, and that it is their responsibility to either
periodically trim the bushes, or cause their removal altogether.
o� � 0000
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13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070
(408) 867 -3438
MEMORANDUM
TO: Public Safety Commission DATE: 10 -28 -87
FROM: City Engineer
SUBJECT: Oak Street at Third Street
Recently the Engineering Department has updated the traffic data at
the intersection of Oak Street at Third Street. Based on this
updated data, it is still recommended that no additional control
devices be placed at the intersection (as they are not warranted).
In reviewing the commission's memo to me (8/19/87) containing five
proposed alternates, we find that alternate #3 eliminating one addi-
tional parking space on Oak Street from both sides of Third Street
and moving the stop bar on Third Street more forward into the inter-
section, would certainly be a help to those motorists entering Oak St.
from Third St.
Attached for your information is the most recent traffic data for
the intersection. r
R rt S. Sh ok
City Engineer
Attachment
:.l..fLc
N
4 CITY OF SARATOGA � <D
A�`� -WAY STOP WARRANT SHEET 101S 16 7
INTERSECTION: DATE:
WITH TiH /2 STR ��T
Description of Warrant Warranted Unwarranted,
Where traffic signals are warranted and
urgently needed, the.four- way-stop is
an interim measure that can be installed
quickly to control traffic while arrange-
ments are being made for the signal'in-
stallation.
An accident problem, as indicated by
five (5) or more reported accidents of
a type susceptible of correction by a
four -way stop installation in a 12
month period.
MINIMUM VOLUMES
1. The total vehicular volume entering
the intersection from all approaches
must average at least 500 vehicles
.per hour for any 8 hours of an aver-
age.day.
2. The combined vehicular and pedestrian
volume from the minor street must aver-
age at least 200 units per hour for
the same 8 hours, with an average de-
lay to minor street vehicular traffic
of at least 30 seconds per vehicle
during the maximum hour. .
3 When the critical (85/0) approach speed
of the major street traffic exceeds
40 M.P.H., the minimum vehicular volume
warrant is 70% of 412 requirements.
GENERAL
A. The "FOUR -WAY STOP" installation, where
legal, has been, found useful as a safety
measure at some locations. It should not
ordinarily be used where the volume of
traffic on the intersecting roads is very
unequal.
B. The above summary of.'warrants for the
installation of a four -way stop was ex-
cepted from the Manual on "Uniform Traffic
Control Devices for Streets and Highways ".
DISCUSSION OF WARRANT:
X
x
- - - - - - - - - - I - - - - - - - -
x
G l fY OF SARATOGA
COLLISION DIAGRAM
INTERSECTION: OAK cST.Q5ET AND 7fVl -ZO 577-i2EE%
PERIOD: 10 %ars, SlVonIAS FROM: _ �/� 77 T0; presen t
PREPARED BY: �ri�o� �o�scyDATE: 5- F
101J-187
�+
�e
;o
-� No
0 P61�
Y .
NUMBER OF ACCIDENTS
® PROPERTY DAMAGE ONLY
® INJURY OR FATAL
1 0. TOTAL ACCIDENTS
SYMBOLS
1
v \/
qo
Arc
N®5
i MOVING VEHICLE
- %>),f^BACKING VEHICLE
-0^ — NON-INVOLVED VEHICLE
.�-
- -- PEDESTRIAN
PARKED VEHICLE
t3 FIXED OBJECT
0 FATAL ACCIDENT
0 INJURY ACCIDENT
TYPES OF COLLISIONS
wr � REAR ENO
-4*46-- HEAD ON
�7C 310EaWUPE
OUT OF CONTROL
_ 1 LEFT TURN
^�'- RIGHT ANGLE
SHOW FOR
EACH ACCIDENT
I. TIME OF DAY, DAY• DATE
2 WEATHER AND ROAD SURFACI
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APR 4 198/
ENGINEERING �F--
THREE OAKS TOWNHOMES HOMEOWNER's ASSOCIATION
14525 Oak Street, Saratoga, Ca. 95070
April 10, 1987
Robert Shook
Director of Public Works
City of Saratoga,
Re: Request for placement
of Stop Sign at inter -
section of Oak Street
& Third Street.
Dear Mr. Shook,
As the President of the Homeowner's Association for the Three Oaks Village
Townho.mes; located at the above referenced intersection; I have been
authorized to contact you with regard to the need for the City of
Saratoga to review the existing condition of the above referenced inter-
section.
Oak Street is a reasonably active thoroughfare-, connecting Highway .9 to
Bohlman Road, and is., in fact; the main access for those residents residing
up on the hill. Additionally,, due to the location of the elementary
school on Oak Street-, just south of Third Street, traffic-, especially
during morning commuter periods can become quite brisk and constant-.
For those of us who reside in the immediate area-, access onto Oak Street-,
from the Third Street intersection is extremely difficult; as well.as
presenting degrees of danger that could be either eliminated or dramatically
reduced, by the placement of a Stop Sign on Oak Street, in both the
easterly and westerly directions. There is an existing Stop Sign oniThird
Street, for those entering onto Oak Street, however-, due to the extremely
steep slope of the hillside street (3rd St.)-, as well as the•impaired
visability of the oncoming traffic condition on Oak Street, due partially
to the vehicular street parking along Oak Street, effecting a full stop,
and then proceeding safely onto Oak Street, from Third Street, presents
more difficulty than is deemed warranted. This vehicular manuver is
especially difficult in a standard manual transmission car.
Therefore-, the residents/homeowners of the Three Oaks Townhome Association
hereby request your assistance in reviewing our proposal for the placement /
installation of two Stop Signs l one in each direction) at the Third
Street intersection. We believe this simple action would increase
traffic safety, and at the same time', decrease traffic speed along
this difficult area of Oak Street.
In that light, I will be available to meet with you, at your convenience,
to discuss further, your thoughts with regard to the above request. You
may contact me at -408- 435 -9500 during the day.
Thank you in advance for your attention to this matter, and any
assistance you may give will be greatly appreciated.
Yours very truly,
y v 1
re 'dent
Three Oaks Homeowner's Association
cc: All Homeowners
Fanelli Consulting
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: December 16. 1987
ORIGINATING DEPT: _ RNGINFFRIN
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT: Abandonment of Storm Drain Easements .on
Sarahills Drive (Tract 3439, Lots 63 & 64)
Recommended Motion:
Adopt Resolution Nos. & of Intention to vacate certain storm drain
easements.
Report Summaryl
Easement no longer in use and is not necessary.
Fiscal Impacts:
None. '
Attachments-
- Resolution Nos. &
- Staff Report.
Motion and Vote:
S -u.
W,!
c
C
C
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OF INTENTION TO VACATE A STORM DRAIN EASEMEN_ T_
ON LOT 63 OF TRACT 3439
WHEREAS, Valley Title Company of Santa Clara County, a California
Corporation (hereinafter "Valley Title ") executed an owner's certificate offering
for dedication a five (5) foot wide storm drain easement on Lot 63 of Tract 3439,
as identified, described and delineated on that Map recorded and filed in Book 163
of Maps, at ,pages 40 and 41, in the Office of the County Recorder of the County
of Santa Clara, State of California, on July 9, 1963 (hereinafter referred to as the
"Map "); and
WHEREAS, on November 3, 1.965, the City of Saratoga (hereinafter
"City ") adopted Resolution 36B -78, and thereby accepted the offer of dedication
of the aforementioned storm drain easement; and
WHEREAS, California Streets and Highways Code Sections 8320 et
sec. provide that the legislative body of a local agency may initiate proceedings
to vacate a public service easement; and
WHEREAS, California Streets and Highways. Code Section 8306(a)
defines a public service easement to include a storm drain easement; and
WHEREAS, the City has determined that the aforementioned storm
drain easement should be vacated because no storm drain improvements have
existed in the easement since February 27, 1987, and said storm drain easement is
not necessary for present or perspective public use;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SARATOGA RESOLVES THAT:
1. The City Council of the City of Saratoga hereby declares its
intention to vacate the storm drain easement on Lot 63 of Tract 3439 as
identified, described and delineated on that Map recorded and filed in Book 163 of
Maps, at pages 40 and 41, in the Office of the County Recorder of the County of
Santa Clara, State of California, on July 9, 1963.
2. Said vacation proceeding is being conducted pursuant to Chapter
3 (commencing at Section 8320) of Part 3 of Division 9 of the California Streets
and Highways Code.
3. A copy of the aforementioned Map
drain easement is identified, described and delineate d
the Engineering Department of the City of Saratoga.
-1-
on which the subject storm
is on file in the offices of
4. A public hearing shall be held on January 6 , 1987, at
7 :30 - °p:m., at City Council Chambers, Saratoga City Hall, 13777 Fruitvale
Avenue, Saratoga, California, at which persons interested in the proposed f� )
vacation of the aforementioned storm drain easement may be heard..
The foregoing resolution was passed and adopted at a regular meeting
of the City Council of the City of Saratoga held on the _ day of
11987, by the following vote:
AYES:
"614tffl
ABSENT:
Mayor, City of Saratoga
Attest:
City Clerk
-2-
C
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OF INTENTION TO VACATE A STORM DRAIN EASEMENT
ON LOT 64 OF TRACT 3439
WHEREAS, Valley Title Company of Santa Clara County, a California
Corporation (hereinafter "Valley Title ") executed an owner's certificate offering
for dedication a five (5) foot wide storm drain easement on Lot 64 of Tract 3439,
as identified, described and delineated on that Map recorded and filed in Book 163
of Maps, at pages 40 and 41, in the Office of the County Recorder of the County
of Santa Clara, State of California, on July 9, 1963 (hereinafter referred to as the
"Map "); and
WHEREAS, on November 3, 1965, the City of Saratoga (hereinafter
"City") adopted Resolution 3613-78, and thereby accepted the offer of dedication
of the aforementioned storm drain easement; and
WHEREAS, California Streets and Highways Code Sections 8320 et
sec. provide that the legislative body of a local agency may initiate proceedings
to vacate a public service easement; and
WHEREAS, California Streets and Highways Code Section 8'306(a)
defines a public service easement to include a storm drain easement; and
WHEREAS, the City has determined that the aforementioned storm
drain easement should be vacated because no storm drain improvements have
existed in the easement since February 27, 1987, and said storm drain easement is
not necessary for present or perspective public use;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SARATOGA RESOLVES THAT:
1. The City Council of the City of Saratoga hereby declares its
intention to vacate the storm drain easement on Lot 64 of Tract 3439 as
identified, described and delineated on that Map recorded and filed in Book 163 of
Maps, at pages 40 and 41, in the Office of the County Recorder of the County of
Santa Clara, State of California, on July a, 1963.
2. Said vacation proceeding is being conducted pursuant to Chapter
3 (commencing at Section 832.0) of Part 3 of Division 9 of the California Streets
and Highways Code.
3. A copy of the aforementioned Map on which the subject storm
drain easement is identified, described and delineated is on file in the offices of
the Engineering Department of the City of Saratoga.
-1-
� -
7:30 4. A public. hearing shall be.held on January 6 , 1987" at
.p.m., at City Council Chambers, Saratoga City Hall, 13777 Fruitvale
Avenue, Saratoga, California, at which persons interested in the proposed l
vacation of the aforementioned storm drain easement may be heard.
AYES:
NOES.:
ABSENT:
Attest:
City Clerk
sus
The foregoing resolution was passed and adopted at a regular meeting
of the City Council of the City of Saratoga held on the day of
91987, by the following vote:
Mayor, City of Saratoga
-2-
L
=t " CITY of = ' ATOGA
REPORT TO MAYOR AND
CITY COUNCIL
DATE: 12 -07 -87
COUNCIL MEETING: 12 -16 -87
SUBJECT: Abandonment of Storm Drain Easements on Sarahills
Drive (Tract 3439)
Sarahills Drive area was developed 20+ years ago and
included as part of the storm drain system an outfall into
the Calabazas Creek. This facility traversed through Lots 63
& 64 in an easements. The outfall proved to be a problem and
virtually every year the catch basins connected to the outfall
were purposely blocked so that water would be diverted to other
outfalls. In February 1987 these catch basins were filled with
concrete and abandoned. This in turn rendered the outfall and
the easements for it unnecessary.
Recommend that you adopt the Resolutions of Intention to
vacate these easements. After the public hearing recommends
adoption of resolutions vacating these easements.
Robert-S. Shook
City Engineer
RSS /df
EXECUTIVE SUMMARY NO.
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 1987
ORIGINATING DEPT: ENGINEERING
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT- MV RESOLUTION - Stop Sign Installation on Arroyo De Arguello
at Comer' Drive
Recommended Motion:
Adopt MV Resolution establishing a stop sign on Arroyo De Arguello at its
intersection with Comer Drive.
Report Summar
With Comer Drive extending to the west, accommodating present and futute development,
increasing traffic -and creating the need for clear right -of -way assignment at its
intersection with Arroyo De Arguello, the installation of a stop sign on said-Arroyo De
Arguello is recommended.
Under'Section 21800 of the California Vehicle Code a driver approaching a cross
highway from a terminating highway shall yield to said cross highway. (Vehicles traveling
up the stem of a "tee" shall yield to vehicles approaching from the cross street - -top
of "tee "). The installation at this intersection assigns right -of -way legally without
any question.
The Public Safety Commission supports this proposed stop sign installation.
Fiscal Impacts:
The cost of installing the stop sign and placing the appropriate markings and
legends should be about $150.00 and would come from the Traffic Safety Budget (3033- 3010):
Attachments:
1. Resolution MV. No.
2. Location Map.
Motion and Vote:
a4zceL5 -0,
RESOLUTION NO. MV-
RESOLUTION DESIGNATING THE INTERSECTION OF
C ARROYO DE ARGUELLO AND COMER DRIVE AS A STOP INTERSECTION
The City Council of the City of Saratoga hereby resolves as follows:
SECTION I. The following intersection in the City of Saratoga is hereby designate(
as a stop intersection.
NAME OF STREET DESCRIPTION
Arroyo De Arguello All vehicles traveling on Arroyo De Arguello
southerly.bound shall stop before entering
Comer Drive.
This section shall become effective at such time as the proper signs
and /or markings are installed.
The above and foregoing was passed and adopted by the City Council
of the City of Saratoga at a regular meeting held on the 16th day of December,
1987, by the following vote:
AYES:
CNOES:
ABSENT:
ATTEST:
CITY CLERK
MAYOR
SCALE:
CITY LIMITS
PROPOSED
STOP. PROPOSED
ff
1
F
Tb:l
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. !�
MEETING DATE: _December 16 1987
ORIGINATING DEPT: Engineering
AGENDA ITEM
CITY'MGR. APPROVAL a�
SUBJECT: MV RESOLUTION DESIGNATING A PORTION OF SARATOGA :AVENUE
TO 15 MINUTE PARKING
Recommended Motion:
Adopt Resolution No. MV 2.1 amending Resolution No. MV -2 by designating
an additional portion of Saratoga Avenue-to 15 Minute Parking,
Report Summary:
'.Tl's_,proposed 15 minute parking zone is a follow -up of the recently .created mail
deposit zone on the northerly side of Saratoga Avenue, across from the Post Office'
and it effects two parking spaces. These two spaces are located at the easterly side
of the crosswalk, immediately easterly of'the.mail deposit zone.
The Public Safety Commission supports the establishment of the proposed 15 minute
parking zone:
Fiscal Impacts:
The cost to place the 15 minute parking signs would amount'to apprpximately $100.00
and.would come from the Tra €fic Safety Budget (3033 - 3010).
Attachments:
1. Resolution No. MV -2.1.
2. Location Map.
Motion and Vote:
av�r� .
S o,
I
S ^'
RESOLUTION .NO. MV - 2.1
C RESOLUTION AMENDING RESOLUTION NO. MV - 2
BY DESIGNATING AN ADDITIONAL PORTION OF
SARATOGA AVENUE TO 15 MINUTE PARKING
The City Council of the City of Saratoga hereby resolves as follows:
Section I of Resolution No. MV -2 is amended to read as follows:
Section I: Based upon an engineering and traffic study the following
designated portions of streets and highways in the City of
Saratoga is hereby declared to be a congested area, and the
following time limit for parking of motor vehicles is hereby
established for said portions of said streets and highways:
NAME OF STREET DESCRIPTION PARKING LOT
Saratoga Avenue On the south side of Saratoga 15 min.
Avenue, along the entire frontage
of Parcel C, Block 4, of Saratoga
Park Lots, the United States Post
Office
Saratoga Avenue On the north side of Saratoga 15 min.
Avenue from a point approxi-
mately 240 feet from the easterly
curb line of Saratoga- Sunnyvale
Road to a point approximately 284
feet from said easterly curb line.
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
day of , 1981, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
MAYOR
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY N0. -7 AGENDA ITEM
MEETING DATE: December 16, 1987
ORIGINATING DEPT.: City Clerk CITY MGR. APPROVAL
SUBJECT: Resolution Ordering Abatement of a Public Nuisance by Removal of
Hazardous Weeds
Recommended Notion:
Adopt resolution ordering abatement.
Report Summary:
The attached resolution represents the second step in the weed abatement
process for this season. The Count y has sent the owners of the parcels
requiring weed abatement notices informing them that the weeds must be abated,
either by the owners or by the County. The notice also informed them that they
may present objections at tonight's public hearing.
Fiscal Impacts:
None to City. County recovers costs from administrative portion of fee charged.
Attachments:
Resolution.
(List of parcels requiring weed abatement is available at City Clerk's office.)
Notion and Vote:
t
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS
WHEREAS, the Saratoga C=ity Council has declared hazardous weeds growing on
certain Droperties to be a public nuisance by resolution dated December 2,
1987, and
WHEREAS, the County Building Official did give notice to all property owners of
land on which hazardous weeds which have been declared public nuisance are
growing, and
WHEREAS, a public hearing on said notice was held on December 16, 1987, and
WHEREAS, final action on any protests or objections to the proposed removal of
weeds has been made by the City Council..
NOW, THEREFORE, IT IS ORDERED THAT the County Building Official shall cause the
abatement of hazardous weeds as designated by resolution dated December 2,
1987, by having said weeds destroyed or removed, and any property owner shall
have the right to destroy or remove such weeds himself, or have the same
destroyed or removed at his own expense, provided that such weeds shall have
been removed prior to the arrival of the County Buiding Official or his
authorized representative to remove them.
The above and foregoing resolution was passed and adopted at a regular meeting
of the Saratoga City Council held on the 16th day of December, 1987, by the
following vote: �.
AYES:
NOES:
ABSENT:
ATTEST:
Deputy City Clerk
Mayor
�5
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO..
MEETING DATE: December 16, 1987 .
ORIGINATING DEPT.: City Clerk
AGENDA ITEM
CITY MGR. APPROVAL
0
SUBJECT: Resolution Ordering Abatement of a Public Nuisance by Removal of
Hazardous Weeds
Recommended Potion:
Adopt resolution ordering abatement.
Report Summary:
The attached resolution represents the second step in the weed abatement
Drocess for this season. The County has sent the owners of the Darcels
requiring weed abatement notices informing.tbem that the weeds must be abated,
either by the owners or by the County. The notice also informed them that they
may present objections at tonight's public hearing.
Fiscal Impacts:
None to City. County recovers costs from administrative portion of fee charged.
Attachments:
Resolution.
(List of parcels requiring weed abatement is available at City Clerk's office.)
Motion and Vote:
NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH AND REFUSE
NOTICE IS HEREBY GIVEN that on November 18, 1987, pursuant to .
Article II of Chapter 6 of the Saratoga City Code, the City
Council passed a resolution declaring that weeds, rubbish,
refuse, obstructions or other dangerous materials existing upon),
any private property, or upon the adjacent street, constitutes
a public nuisance, which must be abated by the removal and
destruction thereof.
NOTICE IS FURTHER GIVEN that property owners shall, without
delay, remove and destroy all such weeds or rubbish or other
materials from their property and the abutting one -half of the
street in front and alleys, if any, behind such property and
between the lot lines thereof as extended, or the same will be
destroyed or removed and the nuisance abated by the County and
the cost of removal shall be assessed upon the land from, or in
front of which, said weeds are removed and such cost will
constitute a lien upon such lots or lands until paid and will
be collected upon the next tax roll upon which general
municipal taxes are collected. All property owners having any
objection to the proposed nuisance abatement are hereby
notified to attend a meeting of the Council of said City to be
held in the Council'Chambers of City Hall, 13777 Fruitvale
Avenue, Saratoga, California, on December 16, 1987, at 7:30
p.m., when and where their objections will be heard and given
due consideration.
Published Saratoga News
on 12/2/87, 12/9/87
JOHN F. "WIMER
DEP TY FIRE MARSHAL
CO NTY OF SANTA CLARA
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: _ 12 -7_87 (12- 16 -87) CITY ' MGR. APPROVAL
ORIGINATING DEPT: ENGTNFFRTNG
SUBJECT: FINAL ACCEPTANCE OF SDR 1388
MASEK,JOSEPH- -Big Basin Way
Recommended Motion:
Grant Final Acceptance for SDR 1388 Big Basin Way and release bond.
Report Summary:
All improvement for above project has been satisfactorily completed.
Fiscal Impacts:
None.
Attachments:
1. Memo describing bond.
Motion and Vote:
(DETT @2 §&M&1YQXR&.
13777 FRUITVALE AVENUE SARATOGA. CALIFORNIA 05070
(408) 867 -3138
MEMORANDUM
TO: City Manager DATE: Dec. 3, 1987
FROM: City Engineer
SUBJECT: Tract SDR 1388 (Final Acceptance)
Location: 14482 Big Basin Way
All improvements required of SDR 138'8 and agreed
to in the FXHTRTT "R" Agreement .dated . 3 -22 -1979
have been satisfactorily completed.
Therefore, I recommend the improvement security posted to guarantee
that agreement be released. The following information is included
for your use:
1. Developer: JOSEPH MASEK
.Address:— 14482 Big Basin Way
Saratoga, Ca. 95070
2. Improvement Security -:
Type' ND
Amount: $12,000.00
Issuing CO.: Western Surety Company
Address: 1731 Embarcadero Road
Paloy;Alto, Ca. 9 303
Rmmdg3t, Bond N:o,
2401056
3. Special-Remarks:
Rob S. Shook
RSS /dsm
c
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: December 16, 1987
ORIGINATING DEPT: City Manager
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT: Adoption of Ordinance Establishing a Personnel System and
Resolution Adopting Rules for the Administration of the
Personnel System
Recommended Motion:
1. Introduce Ordinance No. 71. Establishing a Personnel System
2. Adopt Resolution No. Adopting Rules for the Administration
of the Personnel System
Report Summary:
Council has directed staff to formalize the City's personnel management
system. This has been accomplished in the attached set of personnel
rules and Ordinance No. which establishes the personnel system as
part of the City Code. These documents reflect existing practices in
personnel administration in the City.
Fiscal Impacts:
None
Attachments:
1. Ordinance No. 71.
2. Resolution No.
Motion and Vote:
ORDINANCE NO. 71.
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
ARTICLE 2 -40 TO THE CITY CODE TO ESTABLISH A
PERSONNEL SYSTEM
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: Paragraph (d) of Section 2- 20.050 in Article 2 -20 of the City Code
is amended to read as follows:
"(d) Power of appointment and removal. The City Manager shall have
the duty to, and he shall appoint, employ, remove, promote and demote any and all
officers and employees of the City, subject to all applicable provisions of State law
and the personnel ordinance as set forth in Article 2 -40 of this Chapter, together
with such personnel rules as may be adopted by resolution of the City Council, and
subject further to the requirement that no department head shall be either employed
or discharged without the consent of the City Council."
SECTION 2: A new Article 2 -40 is added to Chapter 2 of the City Code, to read
as follows:
ARTICLE 2 -40
PERSONNEL SYSTEM
Sections:
2- 40.010
Purpose of Article
2- 40.020
Definitions
2- 40.030
Administration
2- 40.040
Application of Article
2- 40.050
Adoption of personnel rules
2- 40.060
Appointments
2- 40.070
Probationary period
2- 40.080
Status of present employees
2- 40.090
Demotion, dismissal, reduction in pay,
suspension, reprimand
2- 40.100
Right of appeal
2- 40.110
Lay -off
2- 40.120
Political activity
2- 40.130
Contracts for special services
a s a
-1-
92- 40.010 Purpose of Article
}
This Article is adopted to establish an equitable and uniform system, for
dealing with personnel matters, and to comply with applicable laws relating to the
administration of the personnel process.
§2- 40.020 Definitions
For the purposes of�this Article, the following words and phrases shall have the
meanings respectively ascribed to them by this Section, unless the context or the
provision .clearly requires of *herwise:
(a) Appointing authority\ means the officers or officials of the City who,
individually or collectively, have the final authority to make the appointment to the
position to be filled.
(b) Class means all positions" \ sufficiently -similar in duties, authority, and
responsibility, to permit grouping under a common title in the application of
common standards of selection, transfer, demotion and salary.
(c) Competitive service means all positions of employment in the service of
the City, except those excluded under Section `2- 40.040 of this Article.
(d) Demotion means the movement Of an employee from one class to
another class having a lower maximum base rate of pay.
(e) Lay -off means the separation of employes from the active work force
due to lack of work or funds, or to the abolition of positions by the City Council for
the above reasons or due to organization changes.
(f) Position means a group of duties and responsibilities in the competitive
service requiring the full-time or part -time employment of one person.
(g) Probationary period means a period to be considered an integral part of
the examination, recruiting, testing and selection process durin� which an employee
is required to demonstrate fitness for the position to which the employee is
appointed by actual performance of the duties of the position.
(h) Promotion means the movement of an employee from one class to
another class having a higher maximum base rate of pay.
(i) Regular employee means an employee in the competitive service who has
successfully completed the probationary period and has been retained as a
permanent employee.
(j) Reinstatement means the restoration without examination of a �orrner
regular employee or probationary employee to a classification in which the
employee formerly served as a regular non - probationary employee.
(k) Suspension means the temporary separation from service of an employee
without pay for disciplinary purposes.
-2-
S2- 40.010 Purpose of Article
This Article is adopted to establish an equitable and uniform system for
dealing with personnel matters, and to comply with applicable laws relating to the
administration of the personnel process.
§2- 40.020 Definitions
For the purposes of this Article, the following words and phrases shall have the
meanings respectively ascribed to them by this Section, unless the context or the
provision clearly requires otherwise:
(a) Appointing authority means the officers or officials of the City who,
individually or collectively, have the final authority to make the appointment to the
position to be filled.
(b) Class means all positions sufficiently similar in duties, authority, and
responsibility, to permit grouping under a common title in the application of
common standards of selection, transfer, salary and discipline.
(c) Competitive service means all positions of employment in the service of
the City, except those excluded under Section 2- 40.040 of this Article.
(d) Demotion means the movement of an employee from one class to
another class having a lower maximum base rate of pay.
(e) Lay -off means the separation of employees from the active work force
due to lack of work or funds, or to the abolition of positions by the City Council for
the above reasons or due to organization changes..
(f) Position means a group of duties and responsibilities in the competitive
service requiring the full-time or part -time employment of one person.
(g) Probationary period means a period to be considered an integral part of
the examination, recruiting, testing and selection process during which an employee
is required to demonstrate fitness for the position to which the employee is
appointed by actual performance of the duties of the position.
(h) Promotion means the movement of an employee from one class to
another class having a higher maximum base rate of pay.
(i) Regular employee means an employee in the competitive service who has
successfully completed the probationary period and has been retained as a
permanent employee.
(j) Reinstatement means the restoration without examination of a former
regular employee or probationary employee to a classification in which the
employee formerly served as a regular non - probationary employee.
(k) Suspension means the temporary separation from service of an employee
without pay for disciplinary purposes.
-2-
(1) Transfer means a change of an employee 'from one position to another
position in the same class or in a comparable class.
§2- 40.030 Administration
The City Manager shall administer the City personnel system and may
delegate any of the powers and duties to a personnel director or may delegate the
appointing authority granted by the City Council to any other officer or employee of
the City or may recommend that such powers and duties be performed under
contract as provided in Section 2- 40.130 of this Article. The City Manager shall:
(a) Act as the appointing authority for the City.
(b) Administer all the provisions of this Article and of the personnel rules
not specifically reserved to the City Council.
(c) Prepare and recommend to the City Council personnel rules and revisions
and amendments to such rules.
(d) Prepare or cause to be prepared a position classification plan, including
class specifications, and revisions of the plan.
(e) Have the authority to 'discipline employees in accordance with this
Article and the personnel rules of the City.
(f) Provide for the announcement and recruiting for positions in the
competitive service; the receiving of applications therefor; the conducting of tests;
the certification of persons eligible for appointment to the appropriate position in
the competitive service; and performing any other duty that may be required to
administer the personnel system.
§2- 40.040 Application of Article
This Article shall apply to all offices, positions and employments in the service
of the City, except:
(a) Elective officers.
(b) The City Manager and any assistants to the City Manager,
(c) Members of appointive boards, commissions, and committees.
(d) All management employees.
(e) Persons engaged under contract to supply expert, professional, technical
or any other services.
(f) Volunteer personnel.
(g) All Council appointed City officers. .
ma
N
(h) Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary fire, flood, or
earthquake which threatens life or property.
(i) Employees, other than those listed elsewhere in this Section, who are not
regularly employed in permanent positions. "Regularly employed in permanent
positions" means an employee hired for an indefinite term into a budgeted position,
who is regularly scheduled to work no less than one thousand and forty hours per
year, and has successfully completed the probationary period and been retained as
provided in this Article and the personnel rules.
(j) Any position primarily funded under a State or federal employment
program.
(k) Employees not included in the competitive service under this Section
serving at the pleasure of their, appointing authority.
§2- 40.050 Adoption of personnel rules
Personnel rules shall be adopted by resolution of the City Council. The rules
may establish regulations governing the personnel system, including, but not limited
to, the following:
(a) Preparation, installation, revision, and maintenance of a position
classification plan covering all positions in the competitive service, including
employment standards and qualifications for each class.
(b) Appropriate announcement of the selection process and acceptance of
applications for employment.
(c) Preparation and conduct of tests in the recruitment process.
(d) Certification and appointment of persons for employment.
(e) Establishment of probationary testing periods.
(f) Evaluation of employees during the probationary testing period and
thereafter.
(g) Transfer, promotion, demotion, reinstatement, disciplinary action and
lay -off of employees in the competitive service.
(h) Separation of employees from the City service.
(i) The establishment and maintenance of adequate personnel records for
purposes of accounting and legal requirements.
(j) The establishment of any necessary appeal procedures.
-4-
§2- 40.060 .Appointments
Appointments to vacant positions in the competitive service shall be
made in accordance with the personnel rules. Appointments and promotions shall be
based on merit and fitness to be ascertained so far as practicable by competitive
examination. Examinations may be used and conducted to aid the selection ' of
qualified employees and shall consist of selection techniques which will test fairly
the qualifications of candidates such. as achievement and aptitude tests, written
tests s, personal interview, performance tests, physical agility tests, evaluation of
daily work performance, work samples or any combinations of these or other tests.
The probationary period shall be considered an extension of the examination process.
Physical, medical and psychological tests may be given as a part of any examination.
In any examination, the City Manager or his designee may include, in addition to
competitive tests, a qualifying test or tests, and set minimum standards therefor.
§2- 40.070 .Probationary period
(a) All regular appointments shall be for a probationary period of not less
than one year. The probationary period shall commence from the date of
appointment. In the event of illness or injury requiring absence from work of more
than twenty working days, the number of days absent shall be added to the length of
the probationary period. During the probationary period, the employee may be
rejected at any time without the right of appeal, hearing or any grievance
procedure.
(b) If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the personnel
Director a statement in writing to such effect and stating that the retention of such
employee in the service is desired. If such a statement is not filed, the employee
will be deemed to be unsatisfactory and his or her employment will be terminated at
the expiration of the probationary period. Where a statement of satisfactory
service has not been filed, notice of the termination shall be served on the
terminated employee by the personnel Director after the expiration of the
probationary period.
§2- 40.080 - Status of present employees
Any person holding a position included in the competitive service who, on the
effective date of this Article, shall have served continuously in such position, or in
some other position in the competitive service, for a period equal to the
probationary period prescribed in the rules for his or her class, shall assume regular
status in the competitive service in the position held on such effective date without
qualifying test, and shall thereafter be subject in all respects to the provisions of
this Article and the personnel rules. Any other persons holding positions in the
competitive service shall be regarded as probationers who are serving out the
balance of their probationary periods as prescribed in the rules before obtaining
regular status. The probationary period shall be computed from the date of
appointment or employment.
-5-
§2- 40.090 Demotion, dismissal, reduction in pay, suspension, reprimand
The City Manager or any appointing power shall have the authority to demote,
discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in
accordance with procedures included in the personnel rules.
§2- 40;100 Right of appeal
(a) Any employee in the competitive service shall have the right to appeal a
demotion, reduction in pay, suspension, or discharge for disciplinary or medical
reasons, except in those instances where the right of appeal is specifically
prohibited by this Article or the personnel rules..
(b) All appeals shall be processed in accordance with the requirements and
procedures as set forth in the personnel rules adopted pursuant to this Article.
§2- 40.110 Lay -off
Lay -off actions shall follow the process outlined in the personnel rules adopted
pursuant to this Article.
§2 -40 -120 ' Political activity
The political activities of City employees shall conform to pertinent provisions
of State law and any provision adopted by the City pursuant to State law.
§2- 40.130 Contracts for special services
The City Manager shall consider and make recommendations to the City
Council regarding the extent to which the City should contract for the performance
of technical services in connection with the establishment or operation of the
personnel system. The City Council may contract with any qualified person or
public or private agency for the performance of all or any of the following
responsibilities and duties imposed by this Articles
(a) The preparation of personnel rules and subsequent revisions and
amendments thereof.
(b) The preparation of a position classification plan, and subsequent
revisions and amendments thereof.
(c) The preparation, conduct and grading of competitive tests.
.(d) The conduct. of employee training programs.
(e) Special and technical services of advisory or informational character on
matters relating to personnel. administration."
QoZ
S2-40.060 Appointments
Appointments to vacant positions in the competitive service shall be
made in accordance with the personnel rules. Appointments and promotions shall be
based on merit and fitness to be ascertained so far as practicable by competitive
examination. Examinations may be used and conducted to aid the selection of
qualified employees and shall consist of selection techniques which will test fairly
the qualifications of candidates such as achievement and aptitude tests, written
tests, personal interview, performance tests, physical agility tests, evaluation of
daily, workperfor.mance, work samples or any combinations of these or other tests.
The probationary period shall be considered an extension of the examination process.
Physical, medical and psychological tests may be given as a part of any examination.
In any examination, the City Manager or his designee may include, in addition to
competitive tests, a qualifying test or tests, and set minimum standards therefor.
§2- 40.070 Probationary period
(a) All regular appointments shall be for a probationary period of not less
than one year. The probationary period shall commence from the date of
appointment. In the event of illness or injury requiring absence from work of more
than twenty working days, the number of days absent shall be added to the length of
the probationary period. During \the probationary period, the employee may be
rejected at any time without the\ight of appeal, hearing or any grievance
procedure.
(b) If the service of the probationary
appointing authority, then the appointing�aL
officer a statement in writing to such effect
employee in the service is desired. If such a
will be deemed to be unsatisfactory and his or
the expiration of the probationary period.
service has not been filed, notice of the
terminated employee by the personnel of
probationary period.
§2- 40.080 Status of present employees
employee has been satisfactory to the
ithority shall file with the personnel
and stating that the retention of such
statement is not filed, the employee
her employment will be terminated at
Where a statement of satisfactory
termination shall be served on the
'ficer after the expiration of the
Any person holding a position included in the competitive service who, on the
effective date of this Article, shall have served continuously in such position, or in
some other position in the competitive service, for a period equal to the
probationary period prescribed in the rules for his or her class, shall assume regular
status in the competitive service in the position held on such effective date without
qualifying test, and shall thereafter be subject in all respects to the provisions of
this Article and the personnel rules. Any other persons holding positions in the
competitive service shall be regarded as probationers who are serving out the
balance of their probationary periods as prescribed in the rules before obtaining
regular status. The probationary period shall be computed from the date of
appointment or employment.
9611
SECTION 3: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
SECTION 4: This Ordinance shall be in full force and effect thirty days after its
passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular
meeting of the City Council held on the day of , 1987, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
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MAYOR
RESOLUTION NO:
C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING RULES FOR ADMINISTRATION OF THE PERSONNEL SYSTEM
WHEREAS, THE City Council is authorized and directed under the provisions of
Ordinance No.
to adopt rules for the administration of the personnel
system created in said ordinance; and
WHEREAS, the objectives of these rules are to facilitate efficient and
economical services to the public and to provide for an equitable system of personnel
management in the municipal government; and
WHEREAS, these rules set forth in detail those procedures which insure similar
treatment for those who compete for original employment and promotion, and define .
many of the obligations, rights, privileges and prohibitions which are placed upon all
employees in the competitive service of the City; and
WHEREAS, at the same time, within the limits of administrative feasibility,
considerable latitude shall be given the City Manager and the Personnel Director in
the interpretation of these rules;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby adopt the following rules:
RULE 1
DEFINITIONS
The terms used in these rules shall have the meanings as defined below:
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1.01 Advancement: A salary increase within the limits of a pay range C,
established for a class.
1.02 Allocation: The assignment of a single position to its proper class in
accordance with the duties performed and the authority and responsibilities exercised.
1.03 Appointing Authority: The officers or officials of the City who,
individually or collectively, have the final authority to make the appointment to the
position to be filled.
1.04 Class: All positions sufficiently similar in duties, authority, and
responsibility, to permit grouping under a common title in the application of common
standards of selection, transfer, salary and discipline.
1.05 Competitive Service: All positions of employment in the service of the
City, except those excluded by the personnel ordinance.
1.06 Days: Calendar days, unless otherwise stated.
1.07 Demotion: The movement of an employee from one class to another
class having a lower maximum base rate of pay.
1.08 Disciplinary Action: The discharge, demotion, reduction in pay, or
suspension of a regular employee for punitive reasons and not for any non - punitive
reasons.
1.09 Lay-Off: The separation of employees from the active work force due to
lack of work or funds, or to the abolition of positions by the City Council for the above
reasons or due to organization changes.
1.10 Personnel Ordinance: Article 2 -40 of the City Code, as enacted by
Ordinance No. which creates a personnel system for the City, together with
all amendments thereto as may hereafter be adopted by the City Council.
1.11 Position: A group of duties and responsibilities in the competitive
service requiring the full-time or part -time employment of one person.
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C1.12 Probationary Period: A period to be considered an integral part of the
examination, recruiting, testing and selection process during which an employee is
required to demonstrate fitness for the position to which the employee is appointed by
actual performance of the duties of the position.
1.13 Promotion: The movement of an employee from one class to another
class having a higher maximum base rate of pay..
1.14 Regular Employee: An employee in the competitive service who has
successfully completed the probationary period and has been retained as hereafter
provided in these rules.
1.15 Reinstatement: The restoration without examination of a former regular
employee.
1.16 Relief of Duty: The temporary assignment of an employee to a status of
leave with pay.
C1.17 Suspension: The temporary separation from service of an employee
without pay for disciplinary purposes.
1.18 Temporary Employee: An employee who :is appointed to a non - regular
position for a limited period of time.
C
1.19 Transfer: A change of an employee from one position to another position
in the same class or in a comparable class.
RULE 2
GENERAL PROVISIONS
2.01
Fair Employment Practices:
Any
technique
or procedure
used
in
recruitment
and selection of employees shall
be
designed to
measure only
the
job
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related qualifications of applicants. No recruitment or selection technique shall be
used which, in the opinion of the City Manager or Personnel Director, is not justifiably
linked to successful job performance.
RULE 3
CLASSIFICATION
3.01 Preparation of Plan: The Personnel Director, or a person or agency
employed for that purpose, shall ascertain and record the duties and responsibilities of
all positions in the competitive service and shall recommend a classification plan for
such positions. The classification plan shall consist of classes of positions in the
competitive service defined by class specifications, including the title. The
classification plan shall be so developed and maintained that all positions substantially
similar with respect to duties, responsibilities, authority, and character of work are
included within the same class, and that the same schedules of compensation may be
made to apply with equity under similar working conditions to all positions in the same
class.
3.02 Adoption, Amendment and Revision of Plan: The classification plan shall
be adopted by the City Council and may be amended from time to time. During the
process of consideration, any recognized employee organization affected shall be
advised. Amendments and revisions of the -.plan may be suggested by any interested
party, including any recognized employee organization, and shall be submitted to the
City Manager.
3.03 Allocation of Positions: Following the adoption of the classification plan
and consultation with any recognized employee organization affected, the Personnel _`
Director shall allocate every position in the competitive service to one of the classes
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C established by the plan.
3.04 New Positions: A new position shall not be created and filled until the
classification plan has' been amended to provide therefor.
3.05 Reclassification: Positions, the assigned duties of which have been
materially changed by the City so as to necessitate reclassification, whether new or
already created, shall be allocated by the Personnel Director to a more appropriate
class. Reclassifications shall not be used for the purpose of avoiding restrictions
concerning demotions and promotions, nor to effect a change in salary in the absence
of a significant change in assigned duties and responsibilities.
RULE 4
APPLICATIONS AND APPLICANTS
C4.01 Announcement: All examinations for classes in the competitive service
A
shall be publicized by such methods as the City Manager or .the Personnel Director
deem appropriate. The announcements shall specify the title and pay of the class for
which the examination is announced; the nature of the work to be performed;
preparation desirable for the performance of the work of the class; the manner of
making application; and other pertinent information.
4.02 Application Forms: Applications shall be made as prescribed on the
examination announcement. Application forms shall require information covering
training, experience, and other pertinent information. All applications must be signed
by the person applying.
4.03 Applicant Disqualification:
(a) The Personnel Director may eliminate from the selection process,
or refuse to certify for the personnel transactions, the name of. any person:
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El
(1) Who does not meet the minimum qualifications established
for the class or position to which he or she seeks appointment.
(2) Who has made a false statement or misrepresentation of
material fact or actual or attempted deception, fraud or misconduct in connection
with his or her application.
(3) Who has failed to submit an application correctly within the
prescribed time limit.
(4) Who has otherwise violated any provision of these rules.
(b) Conviction of a felony or misdemeanor is not an automatic bar to
employment. Each case is considered individually and any mitigating circumstances
will be considered.
(c) Applicants with the least desirable background or qualifications
among a large number of .applicants may be denied further participation in the
selection process through an evaluation of their qualifications, thus providing a
reasonable number of the best qualified candidates for consideration.
(d) Applicants disqualified from further participation in the. selection
process shall be notified in writing.
RULE 5
EXAMINATIONS
5.01 Nature and Types of Examinations: The selection techniques used in the
examination process shall fairly measure the relative capacities of the persons
examined to execute the duties and responsibilities of the class to which they seek to
be appointed. Contents of the selection examinations shall be developed to measure
knowledge, skills, and other job - related characteristics, and shall consist of one, or a
-6-
11
Ccombination of the following types of tests, as determined by the Personnel Director:
Oral, written, performance, physical agility, evaluation of training and experience,
medical tests, background investigation, or any other forms designed to test the
qualifications of applicants.
(a) Written: Written tests may be used to measure knowledge and -
skills as related to the ability to perform the work in a class.
(b) Oral: Oral qualifications appraisal examinations shall be used to
evaluate experience, training, education, and other factors that relate to the
knowledge and abilities required to perform the work of the position or class. Oral
examinations may be structured, semi - structured, or unstructured, as determined by
the Personnel Director.
(c) Performance: Performance tests may be used to evaluate the skill,
speed, or accuracy with which principal tasks of the class or position are performed.
C(d) Physical Agility: Physical agility tests may be used to measure
agility, strength, coordination, or general physical fitness required to perform the
duties of the class. A waiver, releasing the City from liability, will be required from
each candidate wishing to participate in such a test.
(e) Driver's License: Applicant's driving record will be investigated if
possession of a valid California driver's license is required.
(f) .Promotional Examinations: Promotional examinations may be
conducted whenever, in the opinion of the Personnel Director and Department Head,
there is a reason to believe that a qualified person will apply for the examination.
Promotional. examinations may include any of the selection techniques mentioned in
this Rule, or any combination of them. Only regular or probationary employees who
meet the requirements set forth in the promotional examination announcements may
compete in promotional examinations.
-7-
5.02 Conduct of
Examination:
The
City Manager may
contract with
any
competent agency or
individual for
the
preparing and /or
administering
of
examinations. Selection
material shall
be
prepared under the
direction of
the
Personnel Director. The Personnel Director may use examinations prepared by the
contracted agencies or individuals when deemed appropriate. Qualified employees
may assist in the development and administration of the selection process if requested
by the Personnel Director.
5.03 Notice of Examination Results: Applicants shall be notified by mail
concerning the results of their participation in the selection process. Said notification
shall indicate whether or not the applicant has been placed on the eligible list.
5.04 Record: The record of each selection process shall be maintained in the
Personnel Department for a period of two years and shall include the applicant's name
and scores, method of testing, scores of the examination, and the names of the
interview board.
RULE 6
FILLING VACANCIES
6.01 Appointment: After interview and investigation of the applicants
considered to be most qualified based on the selection procedure, the appointing
authority shall make an appointment. If the applicant accepts the appointment and
reports for duty within such period of time as the appointing authority shall prescribe,
the applicant shall be deemed to be appointed; otherwise, the applicant shall be
deemed to have declined the appointment.
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I
C RULE 7
PROBATIONARY PERIOD
7.01 Regular Appointment Following Probationary Period: All appointments
shall be tentative and subject to a probationary period of not less than one year.. The
Personnel Director shall notify the appointing authority and the probationer concerned
two weeks prior to the termination of any probationary period. If the service of the
probationary employee has been satisfactory to the appointing authority, then the
appointing authority shall file with the Personnel Director a statement in writing to
such effect and stating that the retention of such employee in the service is desired.
If such a statement is not filed, the employee will be deemed to be unsatisfactory and
his or her employment terminated at the expiration of the probationary period. Where
a statement of satisfactory service has not been filed, notice of the termination shall
Cbe served on the terminated employee by the Personnel Director after the expiration
of the probationary period.
7.02 Objective of Probationary Period: The probationary period shall be
regarded as a part of the selection process and shall be utilized for closely observing
the employee's work and for securing the most effective adjustment of a new
employee to his or her position.
7.03 Rejection of Probationer: During the probationary period, an employee
may be rejected at any time by the appointing power without cause and without the
right of appeal. Notification of rejection by the appointing authority shall be served
on the probationer-.
�g_
RULE 8
TRANSFER, PROMOTION, DEMOTION, SUSPENSION AND REINSTATEMENT C
8.0.1 Transfer:
(a) No person shall be transferred to a position for which that person
does not possess the minimum qualifications. Upon notice to the Personnel Director,
an employee may be transferred by the appointing power or designee at any time from
one position to another position in a comparable. class. For transfer purposes, a
comparable class is one with the same maximum salary, involves the performance of
similar duties and requires substantially the same basic qualifications.
(b) If the transfer involves a change from one department to another,
both department heads must consent thereto unless the City Manager orders the
transfer. Transfer shall not be used to effectuate a promotion, demotion, .
advancement or reduction, each of which may be accomplished only as provided in the
Personnel Ordinance or these rules.
8.02 Promotion:
(a) Insofar as consistent with the best interests of the service, all
vacancies in the competitive service shall be filled by promotion from within the
competitive service, after a promotional examination has been given.
(b) If, in the opinion of the Personnel Director, it, is in the best
interests of the municipal service, a vacancy in the position may be filled by an open-
competitive examination
instead
of
promotional examination,
in which event
the
Personnel Director shall
arrange
for
the announcement of the
vacancy and for
the
preparation of an open - competitive examination.
8.03 Demotion: The appointing power may demote an employee whose ability
to perform the required duties falls below standard, or for disciplinary purposes. Upon -
request of the employee, and with the consent of the appointing power, demoting may _
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I
be made to a vacant position. No employee shall be demoted to a position who does
not possess the minimum qualifications.. Disciplinary demotion action shall be in
accordance with Rule 9 hereof.
8.04 Suspension: The appointing power may ,suspend an employee from a
position at any time for a disciplinary purpose. Suspension without pay shall not
exceed sixty calendar days. Division heads may suspend a subordinate employee for
not more than three working days at any one time, and not more than once in a thirty
calendar day period. Intended suspension action shall be reported immediately to the
Personnel Director, and shall be taken in accordance with Rule 9 hereof.
8.05 Reinstatement: With the approval of the appointing power, a regular
employee who has completed at least one year of probationary service and who has
resigned with a good record may be reinstated within two years of the effective date
of resignation, to a vacant position in the same or comparable class. Upon
reinstatement, the employee shall be subject to the probationary period prescribed for
Cthe class. No credit for former employment shall be granted in computing salary,
vacation, sick leave, or other benefits except on the specific recommendation of the
appointing authority at time of reinstatement.
RULE 9
DISCIPLINARY ACTION
9.01 Policy: Discipline consists of any or all of the following: verbal
reprimand, written reprimand, suspension, demotion, reduction, in pay, discharge.
Prior to suspension of five or more days, demotion, reduction in pay or discharge of a
regular employee for disciplinary purposes, the procedure set forth in this rule shall be
complied with. All lesser disciplinary action shall be reduced to writing except for a.
( supervisor's notation to be placed in the employee's personnel file that a verbal
reprimand was given.
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9.02 Written Notice: Written notice of the proposed disciplinary action shall
be given to the employee. Such notice shall include a statement of the reason(s) for ( )
the proposed action and the charge(s) being considered.
9.03 Employee Review: The employee shall be given an opportunity to review
the documents or materials upon which the proposed disciplinary action is based, and,
if practicable, the employee shall be supplied with a copy of the doucments.
9.04 Employee Response: Within five (5) working days after the employee has
had the review opportunity provided above, the employee shall have the right to
respond, orally or in writing, at the employee's option, to the appointing authority
concerning the proposed action.
9.05 Relief of Duty: Notwithstanding the provisions of this Rule, upon the
recommendation of the Personnel Director, the City Manager may approve the
temporary assignment of an employee to a status of leave with pay pending conduct or
completion of such investigations or opportunity to respond as may be required to
determine if disciplinary action is to be taken.
9.06 Appeal: Regular employees may appeal disciplinary actions to an
administrative hearing before the City Manager by filing a written request with the
City Manager within five (5) days of the imposition of the action.
RULE 10
LAYOFF POLICY AND PROCEDURE
10.01 Statement of Intent: Whenever., in the judgment of the City Council, it
becomes necessary to abolish any position or employment, the employee holding such
position or employment may be laid off or demoted without disciplinary action and
without the right of appeal.
10.02 Notification: Employees to be laid off shall be given, whenever possible,
at least fourteen (14) calendar days prior notice.
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RULE 11
SEPARATION FROM THE SERVICE
11.01 Discharge: An employee: in the competitive service may be discharged
at any time by the appointing power. Whenever it is the intention. of the appointing
power to discharge an employee in the competitive service, the Personnel Director
shall be notified. Disciplinary discharge action shall be taken in accordance with Rule
9. -
11.02 Resignation: An employee wishing to leave the competitive service in
good standing shall file with the appointing authority a written resignation stating the
effective date and reasons for leaving at least two weeks before leaving the service,
unless such time limit is waived by the appointing authority. The appointing authority
shall forward to the Personnel Director an exit evaluation of the employee's service
performance, eligibility for re -hire, and other pertinent information. Failure to give
Cnotice as required by this Rule shall be cause for denying future employment by the
City.
11.03 Exit Interview: The Personnel Director will .schedule an exit interview
with the resigning employee. Failure to keep this appointment may cause delay in
issuing the final paycheck.
RULE 12
ATTENDANCE, REPORTS AND RECORDS
12.01 Attendance: Employees shall be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and leaves. All
departments shall keep daily attendance records of employees which shall be reported
to the Personnel Director in the form and on the dates the Director shall specify.
Failure on the part of an employee, absent without leave, to return to duty within
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twenty -four (24) hours after notice to return shall be cause for immediate discharge,
and such employee automatically waives all rights under the personnel ordinance and
these Rules. The depositing in the Unites States mail of a first class letter, postage
paid, addressed to the employee's last known place of address, shall be reasonable
notice.
12.02 Personnel Records: The Personnel Director shall maintain a service or
personnel record for each employee in the service of the City showing the name, title
of position held, the department to which assigned, salary, changes in employment
status, and such other information as may be considered pertinent by the Personnel
Director.
12.03 Change -of -Status Report: Every appointment, transfer, promotion,
demotion, change of salary rate, or any other temporary or permanent change in status
of employees shall be reported to the Personnel. Director in such manner as the
Director may prescribe.
RULE 13
VIOLATIONS
13.01 Violation of Rules: Violations of the provisions of these Rules shall be
grounds for rejection, suspension, demotion, dismissal, or other disciplinary action.
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CPassed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the day of , 1987, by the
following vote:
AYES:
NOES:
ABSENT:
C ATTEST:
CITY CLERK
MAYOR
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