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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' 6 A7 A a��c5 �, 1l-I o o s- of 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 1 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 YH /vy /dsc 2 CITY OF SARATOGA CLG APPLICATION �. ATTACHMENT #8 t ' r 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. 4 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. 5 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. 8 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. 11 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 c, c 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 Col c C1 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 ]MM c 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 , � Jr 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. Cleo � r _ .. .. Y � q r � BUPH RU`s ld sj N , �' :. 11 t; — ` �, a� '• � > o ti it r -�,� x PL. Uplen7 Yrr.. - Z Snor Ur CO aroakto sh P.ROSP G T od [o a j RAVE AvE �) r ° AV !. x r — f « a Rel/ oGuuM'r. `sF� i j"s l r 'fl!;lls u' ).L 1ir1 '- ,S� �fj,r•G' '/ t? }��f I,. N r 1 �•�' y .,-y. r-r ,..C.i�: 7 �'C4 � ro'ir l,. +� � '� rr rd..'� ti �%Ii .� .r- d�' � Yr,• , V o. t��frJFS`•. 4�4'� 'r !� � i1� N � Y •. r E.7 - i7��t.3� � � /-J to o r.an ra+of r t i? J, �> J xn l 4 tF •r: I .t, A '� sl. �i ` Lt �+ 1 / �r,,...�P L 'F' �c ,.?i_�� . I•. __ I 1 tli �s i µ i'�`Pr, � �, f � }� ' C 0'x, � o 'a� q ...5 ,�t� r °•Y . � Q, E.'1 BUC IC 1: 9 r I t- •.L 1 t I J�.I ,- 'q, r l' A :3A ho 7i�rre• a r z'• ,.eS� trs' 9 ' % °ebor pt y, ,r c�' t �l p r '�� �o d � � �� .C• y: � CO %- aV -Sl?�s ;}.. 1 C! � ', t /A �., „rte. ptfa n /_.r ?... �.I 1 -ac Gr U' � n;* A I � r.:.. � ludo 4.1; h =•I. 0, �/C :'• '.Dav°n' AYI' rvOWl1 •r0 - Yr, .> >rri' 1 ! Y� _ 4. C Mc Fa rlon .eoiaeui T J Y �. ?•0 / 3i. 4 .c Mar tno rd �.l�t, '°oi "it` „r . <Q� fi' r i/ 46♦ l 4 ..,roq r ii a ry `tF _� ti } j a (� {m r y �� • . , in I 0` = A e �- ,� pr,”: ,..: / •a�+rn s•, ` 3 y, ':r'i• + u� r .r _ •�F'•'- r Hw,imon ° ') ._.T 'ALC EN r DAL E t F/ ,• 2 s s it 'Mrfs 9 e+ tn. II ' / E' .•�' r r - ordner l S `", i No - _ f _ v P 6, p0 `J . . ; r . �: '+> ' •r- a' i 8r� - .� � � � BonrTO � Cc•DO �AGe Yap. 1 Lk 4` ' t , ' � r r� Son Ad. o-u BIZI(MELL` .I ..•cl',•c. 1, � ° �; 1 ? �I,� . � ii r O� flu ~ �'y... ^-�yy t'�'yy °'p'f � `� I' / Q N'1rY"� I j1`T.1t f�11 i 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 f r. 1 F 31 ` f I \t 1 .I k. 0 .a� 4a� .�7 rt9o✓�• Sfa�o B,Q Y a Y / < r AY / q r V / , e / el j\ SCA L EN — r .1" 36, i t r 1 31 ` f I \t 1 .I k. 0 .a� 4a� .�7 rt9o✓�• Sfa�o B,Q Y a Y / < r AY / q r V / , e / el j\ SCA L EN — r .1" 36, oy�uw QCq 0&M&U(ZS& 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 o 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 —IF UNUBUAL CONDITION EXISTED E NITE- IF BETWEEN DUSK AND DAWN r � r TY OF S..9RA7 OGA R/' 4*V &f$r E 14H7- NOMR VOL 41"4 COUNT 912 3�8 7 9� 1,9 7 - wec/ Thu _ INTE/ -SEC Tl4M T/ ME 0� K STREET , Po oo _ r /a � T D r.,4 L S FROM TO 0700 - 0300 / ,� 9 13 / 7Z* o8o0 — 09Q0 351 24� 371 1130 — 1230 - 3 f Z66 1230 -- 13j0 160 44 204 1330-14,70 18Z 4-0 Z22 1430 — 13 6) 45 3 !0 .1600-1700 229 54 283 . 1700--1800 228 6.1 Z89 rO TA L S 18 0 9 J D 8 2/! 7'. ,�fiveroc�ee ?Z6�Hr,) •�u --l;-7�z were a Aoe��I" y�' Z7 A (vero>e. 39`i`rr,) <`liveyag Z6$ t I'l e ahev 4/e g `jGUr �p�YtvC� r7ie`e o ,oe�esfr�IS a�ncp .�4 b�c c% ae Oak St.- N.E. "C 3rd Sf. Ook St.- S.W o� 3 "''s Th rd Si. - iVW Oak St. Tirr.G i- St Rf. rota/ Lt. St. Rt. To St. 2t. ?o fa/ Tofo /S 0700 10 0730 17 it 28 Z6 Z9 51 z 1 3 82 0730 M 0800 / 9 ' 13 32 32 16 48 6 1 10 90 0800 to 0830 62 13 75 58 44 /02 4 /0 14 191 0830 to 0940 51 28 -79 43 52 95 5 / 6 180 0900 to O 930 0930 to /000 /000 fo 1030 ✓ 1030 fo / /O0 //100 fo 1130 1130 fo 12W 37 24 61 17 20 37 4 1 z 110 1200 M 1230 50 ZO 70 31 36 67 8 11 /19 156 1230 �o 1300 30 /8 48 18 15 33 /I 8 19 loo 1300 to 1330 25- 18 43 9 z7 36 /4 zs 104- 1330161460 19 27 45 Z1 /9 40 6 9 15 100 l 400 fo 1430 37 21 58 17 z Z- 39 11 14 z S / 2 z 1130 fo 1500 44 Z5 69 Z5 22 47 14 6 z0 136 1500 to 1530 56 12 68 38 43 81 11 14 Z S 174 1.530 1 o 1600 1600 fo 1630 35 21 56 l 9 22 41 z/ 11 32 /29 6.30 fo 1700 53 Z / 74 9 ' 29' 29 58 5 17 Z Z 1 154- / 700 fo /730 39 19 S8 29 2-8 57 14 20 34 149 1730 to /860 46 ZZ 68 Z/ 24 45 12 15 Z7 140 /900 fo / 830 1830 io 1900 ro to /s : 619 313 93Z 433 444 877 114-5 !63 1 306 1Z// 7 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 • L i N V Q � Q r` F."ge-goutE A vc� Y parr OFf /cE . a V v -4 Q p SA R.'.A \1 \ = .�CETCEt ' R E'Ovt'ED %I v/w T i I -- 240' 28-4'— F."ge-goutE A vc� Y parr OFf /cE . a V v -4 Q p 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 -7- 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: -1- 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. -2- 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 -3- 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 -4- 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: -5 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. -8- 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 _ -10- 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. -11- 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. -12- P 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 -13- 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. -14- C 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 -15-