HomeMy WebLinkAbout11-18-2009 CC PKT (2)
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
November 12, 2009)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, November 18, 2009
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1. Minutes – Cost Recovery Study Session – October 13, 2009
Recommended action:
Approve minutes.
2. City Council Meeting Minutes – October 21, 2009
Recommended action:
Approve minutes.
3. Minutes – Siemans Energy/Water Efficiency & Budget Policies Review Study
Session – October 26, 2009
Recommended action:
Approve minutes.
4. City Council Minutes – November 4, 2009
Recommended action:
Approve minutes.
5. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
October 29, 2009
November 05, 2009
6. On-going Designation of City Engineer
Recommended action:
Approve Resolution Confirming the On-going Designation Regarding the City
Engineer
7. Citywide Signal Upgrade Project – Agreement for Professional Design Services
Recommended action:
1. Approve Independent Contractor Agreement with Mark Thomas & Company Inc.
2. Authorize the City Manager to execute the same.
3. Authorize the Public Works Director to issues change orders for up to 25% of the
Agreement amount.
8. Council Liaison to Saratoga Ministerial Association
Recommended action:
Adopt the attached Resolution amending Resolution No. 08-082 appointing Council
representatives to Committees, Agencies and AdHoc Committees to include a new
agency – Saratoga Ministerial Association.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council’s approval at the Council meeting
9. Appeal of Conditional Use Permit Application No. CUP 09-0004: 20398 Blauer
Drive, which was denied by the Planning Commission, to operate a new day care
facility in the Professional Administrative Zoning District.
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Recommended action:
Deny the appeal for a Conditional Use Permit, thus affirming the Planning
Commission denial issued on October 14, 2009.
OLD BUSINESS
10. Website Policy
Recommended action:
Accept report and adopt resolution establishing a policy for the City of Saratoga
website.
11. Commission Qualifications and Expiring Terms
Recommended action:
Accept the staff report and list of Commission qualifications and Commissioner terms
that will be expiring in the next calendar year and provide staff with additional
direction if needed.
NEW BUSINESS
12. Urgency Ordinance for Medical Marijuana Dispensaries
Recommended action:
Adopt the proposed interim urgency ordinance placing a 45 day moratorium on the
establishment of medical marijuana dispensaries in order to provide the City of
Saratoga with time to determine whether to adopt an ordinance regulating the location
or operation of medical marijuana dispensaries.
13. Review of Facility Rental Fees and Criteria for Non-Profit Organizations
Recommended action:
Review and comment on the existing Facility Rental policies and rental fees for non-
profit group use.
14. Parks and Recreation Commission North Campus Name Recommendations
Recommended action:
Accept report and select one of the names recommended by the Parks and Recreation
Commission for the North Campus.
15. CaliforniaFIRST Letter of Commitment
Recommended action:
Accept report and approve CaliforniaFIRST letter of commitment.
16. Energy Efficiency Projects – Funding Resolution
Recommended action:
1. Accept Report and provide direction to staff.
2. Approve Budget Resolution.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Hakone Foundation Executive Committee
Peninsula Division, League of California Cities
SSC Cities Association Board
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SCC Cities Association Selection Committee
Valley Transportation Authority PAC
West Valley Sanitation District
West Valley Mayors and Managers Association
Council Finance Committee
City School Ad-Hoc
Vice Mayor Kathleen King
Hakone Foundation Board
West Valley Flood Control Zone & Watershed Advisory Committee
SSC Cities Association Executive Board
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC)
City School Ad-Hoc
Councilmember Jill Hunter
Historical Foundation
Library Joint Powers Association
Santa Clara County Valley Water District Commission
Village AdHoc
Councilmember Howard Miller
Chamber of Commerce
KSAR
Santa Clara County Emergency Council
West Valley Solid Waste Joint Powers Association
Council Finance Standing Committee
Councilmember Susie Nagpal
ABAG
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
County HCD Policy Committee
SASCC
Sister City Liaison
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the Community Development Department Director at 13777 Fruitvale Avenue,
Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently
with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any
materials distributed by staff after the posting of the agenda are made available for public review
at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
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arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on November 12,
2009, for the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City’s
website at www.saratoga.ca.us
Signed this 12th day of November 2009 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
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12/1 Council Reorganization
12/2 Regular Meeting – Joint Meeting with Planning Commission
12/16 Regular Meeting –
1/6/2010 Regular Meeting Cancelled
1/20/2010 Regular Meeting
2/3/2010 Regular Meeting
2/17/2010 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2009
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Minutes – Cost Recovery Study Session – October 13, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for October 13, 2009 Cost Recovery Study Session.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from October 13, 2009 Cost Recovery Study Session.
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MINUTES
SARATOGA CITY COUNCIL COST RECOVERY
STUDY SESSION
OCTOBER 13, 2009
Mayor Page called the Study Session meeting to order at 6:00PM.
PRESENT: Councilmembers:
Howard Miller, Jill Hunter, Vice Mayor Kathleen King,
Mayor Chuck Page
ABSENT: Susie Nagpal (Excused absent)
ALSO PRESENT: Dave Anderson, City Manager
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
Claudia Cauthorn,
Ann Sullivan, City Clerk
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 13, 2009
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of October 13, 2009, was properly posted on October 8, 2009.
COMMUNICATIONS FROM PUBLIC
None
AGENDA ITEM :
RECREATION DEPARTMENT COST RECOVERY
Interim Recreation & Facilities Director Claudia Cauthorn presented the staff report.
Ms. Cauthorn noted that during the budget preparation process for fiscal year 2009/2010,
Council requested a Cost Recovery Study Session to review and establish cost recovery policies
for the Recreation and Community Development departments in order to determine an
appropriate level of cost recovery for both departments. In addition, she stated that any
recommended cost recovery policies would apply to the Recreation Services and Facility Rental
Divisions and would exclude the Teen Services Division, as insignificant revenues are generated
from that division. She added the Building Maintenance Division would be excluded as well
since this function is funded through Internal Service Funds and the costs are allocated to other
operating departments.
Ms. Cauthorn noted that a recent survey of various City Recreation departments in the area
concluded that Saratoga has similar cost recovery rate as many other recreation departments in
the area, adding that Saratoga’s current cost recovery rate is 66% and recommended that the 65%
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cost recovery level adopted for the current FY budget (09/10) (excluding the Building
Maintenance Division) be adopted as the minimum for cost recovery for all future budgets.
Vice Mayor King expressed concerns that the City was subsidizing the recreation
programs/classes with tax revenues from the general fund and that those dollars should not fund
classes. She also voiced concerns that the cost recovery would be only 55% as opposed to the
projected 65% cost recovery rate. In addition, she noted the citizens of Saratoga looked to the
Council to retain the value of their community by funding capital expenses, such as road
maintenance.
Councilmember Miller voiced concerns about the difference (gap) between the 65% and 100%
cost recovery rate calculation, and that it appeared that some program areas had not been
included in the table. Ms. Cauthorn clarified that the activities for which Recreation receives no
revenues for were not included (information referral).
Staff noted that there are indirect costs that affect the department’s cost recovery, such as staff
costs (salaries, benefits, etc.) time spent on telephones or at the counter assisting the public, cost
of building (heating, cooling, insurance, etc.) These are daily costs that will affect the cost
recovery percentage whether a facility is rented or not.
Staff also pointed out that the types of programs determine the percentage profitability; noting
there are basically two types of programs – community based services versus the individual
based services. Community based services such as CERT training, First Aid classes, etc., are
services provided as a benefit to the community. These community/city functions are less
profitable than individual/private functions. Staff noted there is an opportunity to increase these
revenues if facilities are used more for individual (private) functions that recoup a far greater
proportion of their cost.
Vice Mayor King noted that staff’s explanations did help lessen her concerns and she felt that
she could explain the cost factors to residents more clearly to help them better understand the
cost recovery percentages.
Councilmember Miller added he would spend some time with Finance Director Furey to better
understand the philosophies regarding the table provided in the staff report that depicted the
benefits from the different services provided by the Recreation Department. He also noted that
he was very proud of the pro-active steps taken by staff in the Recreation Department to bring
awareness to the community of the variety of programs that are available to citizens of all ages.
Councilmember Hunter stated the community services provided by the Recreation Department
exemplify what Saratoga is all about and she does not feel that the Recreation Department can
and should be 100% cost recovery. She added the Mission Statement is very important as to what
you want your city to be – it is the heart and soul of the city and it provides a much-needed
service to the City.
Audience member Joyce Hlava commented that the Community Center facilities presented an
expense to the city on a daily basis, such as heating, cooling and general maintenance and those
costs would have to be absorbed somewhere – whether the facilities are being rented or not.
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Mayor Page noted that many residents are very supportive of the Recreation Department and the
services provided to the community, and recently named the building after Joan Pisani, the
former director and founder of the recreation department.
City Manager Dave Anderson noted he has asked recreation staff to be selective in the programs
they offer in order to be more cost efficient. He added the department could increase their cost
recovery rate by reducing the number of community service oriented classes such as CERT, First
Aid, etc. and rent the facilities for more private based events, including less city use of facilities
for meetings and events.
City Manager Anderson stated that currently the recreation department has been focusing on
providing quality programs and maintaining a 65% cost recovery rate. He asked Council to
provide staff with additional direction in terms of refinement of the cost model of the budget
philosophy so that they could be more cost efficient.
COUNCIL CONCENSUS:
Council concurred that there are other factors affecting the cost recovery percentage such as:
o Cost factors associated with owning the buildings, whether or not facilities are being
rented and generating income to use the facility.
o Staff/overhead costs.
o Economic and Market factors affect the use of facilities as well as class/activity
enrollment.
o Fees generated by rental of North Campus may be affected by facility use policy.
DIRECTION TO STAFF:
Council ended their discussion by concluding that staff should continue to improve fee-generated
revenue in order to maintain the 65% cost recovery rate. Councilmember Miller will meet with
Director Furey to create a cost recovery philosophy that the council can easily explain to the
citizens in a manner that is understandable.
Council concurred 4-1-0 with Councilmember Susie Nagpal absent.
Mayor Page declared a break at 7:30PM
Mayor Page reconvened the Study Session at 7:40PM
COMMUNITY DEVELOPMENT DEPARTMENT COST RECOVERY:
Community Department Director John Livingstone presented the staff report.
Director Livingstone explained that various divisions of his department were not full cost
recovery, such as many non-billable planning services and code enforcement. He noted that the
city arborist spends a lot of her time in the field following up on calls regarding tree issues and
the code enforcement official spends a lot of her time on the phone and in the field following up
on complaints and issues regarding code violations. In addition, he stated other areas that were
not cost recovery included reviewing business license applications, counter time, processing
false alarm notifications, email follow-ups, heritage preservation questions and answering
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questions from realtors. He added the Building Division is usually 100% cost recovery and the
arborist is about 40% cost recovery.
Director Livingstone noted that the CDD cost recovery rate was dependent on economic factors.
He added the CDD generated significant income during good years, which helped offset
operating costs; and during downturns in the economy, such as what is happening currently
throughout the country, the CDD experiences a lower income to offset operating costs.
Director Livingstone added that staff collected data about Community Development
Departments in the cities that are normally used for comparison but were unable to get direct
comparison results due to a variety of reasons, such as higher staffing in Code Enforcement,
higher commercial development activity. He noted all of the cities from which they had received
data for FY 2008/09 had operating costs that were not offset by revenues received; and with the
exception of Cupertino, all of the cities have cost recovery rates well below 100% for their
Community Development Departments.
He concluded by noting staff’s recommendation to offset the impact to the General Fund is that
Council adopt a policy that would enable the CDD to “bank” excess revenues over department
expenses during profitable years and utilize those reserves during lower economical times when
building activity is low; thereby lowering the subsidy from the General Fund.
City Manager Dave Anderson added that if the CDD is dependent on a subsidy from the General
Fund for part of the CDD cost recovery, part of the cost recovery policy would be that they
would do their part as well to help reduce operating costs by restructuring the CDD to rely more
on contractual services rather than hiring staff when the economy is good. He noted that due to
the cyclical nature of the operating revenues it is suggested that the council establish such a
reserve and that one third of the funds be used to offset revenue shortfall in any given year. This
will offset the impact to the General Fund in years of economic downturn.
Mayor Page noted he supported the “banking fund” proposal to help balance the operating costs
and to minimize the impact to the General Fund.
Councilmember Miller noted the Advanced Planning Department is a general obligation of the
city and should not be considered for the 100% cost recovery plan and added that he supported
the “banking fund” proposal as well.
Councilmember Hunter was supportive of the “banking fund” proposal.
Vice Mayor King noted she was supportive of the “banking fund” proposal and would like some
policy stating that there is a mid-year correction if projects are slowing down and the “banking
fund” is being utilized to cover department costs and we need to consider decreasing staff size.
Mayor Page questioned if planning and building fees covered the cost of contractors.
Director Livingstone noted the fees do cover contractor costs if a contractor is brought in to fill a
position that is vacant.
Audience member Joyce Hlava stated it is important to consider how much time it takes to train
people to replace staff in the planning department when they are let go during economic down
turns and that there is an expectation of the community to be able to go to city hall and receive
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counter assistance. She also felt the “Community percentage” in the Current Planning portion of
the chart on page two of the staff report should be much higher than 10%.
COUNCIL DIRECTION:
· Adopt a policy that enables the CDD to establish and use a buffer account to “bank”
excess revenues over expenses in profitable years and as a best practice utilize up to one
third of the development reserve during times when building activity is low.
· Any proposed subsidy of the General Fund to cover Community Development operating
costs will be highlighted in the regular budget cycle.
Council concurred 4-1-0 with Councilmember Susie Nagpal absent.
ORDINANCE APPROVALS AND ASSOCIATED COSTS:
City Manager Dave Anderson presented the staff report noting that Councilmember Miller
expressed an interest in reviewing ordinances that were approved by the Council at its January
2009 retreat as Work Plan items for the Community Development Department and City
Attorney, together with ordinances approved by the Council subsequent to the retreat.
Councilmember Miller also requested an analysis of costs associated with ordinance preparation.
City Attorney Richard Taylor provided Council and staff with a summary of costs for ordinances
prepared as a result of the Council retreat Work Plan and for non-Work Plan ordinances.
Vice Mayor King expressed concerns that the ordinance costs noted by the City Attorney’s office
may not cover all associated costs incurred with the Ordinance Work Plan and Non-Work Plan
Ordinances.
Council concluded they were pleased with the progress of the ordinance work plan and
subsequent ordinances that were approved by Council. Council also expressed their acceptance
of costs associated with the ordinance expenses to date.
There being no additional business, Mayor Page adjourned the Study Session at 8:45PM.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Meeting Minutes – October 21, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for October 21, 2009 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from October 21, 2009 City Council meeting.
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MINUTES
SARATOGA CITY COUNCIL MEETING
OCTOBER 21, 2009
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Significant exposure to
litigation pursuant to Government Code Section 54956.9 (b) (1 potential case)
CONFERENCE –INSTRUCTION TO REAL PROPERTY NEGOTIATOR (Gov’t Code
Section 54956.8): Wildwood Way
Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works
Director
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page stated there was no reportable information
City Council held a Joint Meeting with members of the Heritage Preservation
Commission and the Historical Foundation in the Administrative Conference Room at
6:00 p.m.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen
King, Mayor Chuck Page
ABSENT: Susie Nagpal – Excused Absence
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Mary Furey, Finance Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Chris Riordian, Senior Planner
Leo Salindong, IT Analyst
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of October 21, 2009, was properly posted on October 15,
2009.
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ORAL COMMUNICATIONS
The following people requested to speak:
Citizen Ray stated strong winds caused a large oak tree to fall on Farwell Avenue in
Saratoga during the recent storm. He also noted the cement plant in Cupertino dispenses
1 million tons of plant dust into the air and has been causing air pollution in the area for
many years and each time it is running. He noted the public has expressed a strong
interest in this issue.
[Councilmember Hunter noted the Oak that fell on Farwell Avenue was listed as one of
the top 20 trees year in Saratoga and was honored by the Council two years ago as
such.]
DIRECTION TO STAFF
None
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Peter Marra, Chair of the Heritage Preservation Commission, addressed the Council
regarding the Joint Meeting held prior to the Regular meeting this evening. He provided
a report on the conclusion of the awarding of the special plaques commemorating
historical places in the community. In addition, he provided a progress report regarding
the evaluation of more than a hundred resources that are designated as historic sites.
Bob Himel, President of the Saratoga Historical Foundation, provided a brief summary of
their meeting earlier with Council, noting they manage the Historical Museum in
Saratoga Village along with the McWilliams House. He stated they provide a series of
programs that are historically oriented towards Saratoga and invited everyone to visit
their website at www.saratogahistory.com for more information on their programs.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter reported the annual Witchy-Walk-About event will be held on
Saturday, October 31 from 2 to 4 p.m.
Vice Mayor King reported the North Campus Grand Opening is Friday, October 23 at
3:30 p.m. and the naming opportunity for the North Campus ends on the 23rd as well.
Mayor Page reported the annual Turkey Trot Race will be held on the morning of
Thanksgiving Day in San Jose. He noted this is a fund raiser for three local organizations-
housing, health care and food. He invited people to visit their website at
www.svturkeytrot.com for more information or to register for the race.
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CEREMONIAL ITEMS
1. PROCLAMATION RECOGNIZING OCTOBER 18-24, 2009 AS TEEN READ
WEEK
STAFF RECOMMENDATION:
Acknowledge proclamation.
Mayor Page read and presented the proclamation to Teen Librarian Lisa Pirlot and
her Teen Advisory Board.
2. PROCLAMATION FOR CERT FIRST RESPONDERS – RUSS SWEENEY
AND DOUG MCNEIL
STAFF RECOMMENDATION:
Present commendations.
Mayor Page read and presented the proclamation to Saratoga resident Russ Sweeney
and Los Gatos resident Doug McNeil.
3. PROCLAMATION FOR “END POLIO NOW DAY” – OCTOBER 23, 2009
STAFF RECOMMENDATION:
Present commendation.
Mayor Page read and presented the proclamation to Paul Conrado, President of the
Saratoga Rotary Club.
Due to the large number of people in the audience for Agenda Item 12 – Adopt a
Facility Use Policy for the North Campus, Mayor Page asked for Council
concurrence to move that item up first for discussion and to move the Consent
Calendar and the Public Hearing to the end of the agenda.
Mayor Page and Council concurred to move to agenda item 12 as the next item of
business and to move the Consent Calendar and the Public Hearing to the end of the
agenda.
Councilmember Hunter asked for concurrence to allow citizen Marilyn Marchetti to
give the presentation regarding Item 13 – Village Entrance Sign at this time as she
was not feeling well and would be leaving the meeting.
Council concurred to allow Ms. Marchetti to give her presentation regarding Item 13
prior to Item 12.
Marilyn Marchetti, member of the Saratoga Village Development Council, addressed
the Council regarding the design of the proposed Village Entrance Sign.
CONSENT CALENDAR
Council returned to the CONSENT CALENDAR at 10:30PM
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4. CITY COUNCIL MEETING MINUTES – OCTOBER 7, 2009
STAFF RECOMMENDATION:
Approve minutes.
Mayor Page removed this item for one small correction.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MEETING MINUTES –
OCTOBER 7, 2009. MOTION PASSED 4-1-0 WITH COUNCILMEMBER
NAGPAL ABSENT.
5. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
October 01, 2009
October 08, 2009
KING/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES OCTOBER 01, 2009 AND OCTOBER 08,
2009. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT.
6. TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2009
STAFF RECOMMENDATION:
Review and accept the Treasurer’s Report for the month ended August 31, 2009.
KING/MILLER MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED AUGUST 31, 2009. MOTION PASSED 4-1-0 WITH
COUNCILMEMBER NAGPAL ABSENT.
7. IT SUPPORT CONTRACT RENEWAL WITH ZAG TECHNICAL SERVICES
STAFF RECOMMENDATION:
Accept report and approve renewal contract with ZAG Technical Services.
Councilmember Miller removed this item for clarification.
KING/HUNTER MOVED TO APPROVE RENEWAL CONTRACT WITH ZAG
TECHNICAL SERVICES. MOTION PASSED 4-1-0 WITH COUNCILMEMBER
NAGPAL ABSENT.
8. MOTOR VEHICLE (MV) RESOLUTION AUTHORIZING NO PARKING
STAFF RECOMMENDATION:
Move to adopt the Motor Vehicle Resolution authorizing No Parking on Bankmill
Road
MV RESOLUTION NO. 284
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KING/MILLER MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING NO PARKING ON BANKMILL ROAD. MOTION PASSED
4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT.
Council moved to Item 13 after approving Consent Calendar.
PUBLIC HEARINGS
9. PUBLIC HEARING AMENDING FEE SCHEDULE (RESOLUTION 09-019)
TO INCLUDE KEVIN MORAN PARK
STAFF RECOMMENDATION:
Conduct public hearing to review recommendations for proposed fee changes for
Kevin Moran Park, provide direction, and approve a resolution amending the City's
Fee Schedule effective for Fiscal Year 2009/10.
Interim Director Claudia Cauthorn presented the staff report.
Mayor Page opened the public comment period.
No one requested to speak on this item.
Mayor Page closed the public comment period.
RESOLUTION NO. 09-055
HUNTER/KING MOVED TO APPROVE RESOLUTION AMENDING THE
CITY’S FEE SCHEDULE EFFECTIVE FOR FISCAL YEAR 2009/10.
MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT.
OLD BUSINESS
None
NEW BUSINESS
10. PROPOSITION 1A SECURITIZATION PROGRAM
STAFF RECOMMENDATION:
Review Prop 1A Securitization program option, adopt resolution, and approve
purchase and sale agreement to participate in the securitization program.
Administrative Services Director Mary Furey presented the staff report.
Mayor Page opened the public comment period.
No one requested to speak on this item.
Mayor Page closed the public comment.
RESOLUTION NO. 09-053
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KING/HUNTER MOVED TO ACCEPT PROPOSITION 1A, ADOPT
RESOLUTION AND APPROVE PURCHASE AND SALE AGREEMENT TO
PARTICIPATE IN THE SECURITIZATION PROGRAM. MOTION PASSED
4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT.
11. INITIATION OF ANNEXATION OF AN APPROXIMATELY 39,640 (GROSS)
SQUARE FOOT PARCEL (APN 503-13-138) LOCATED AT 22215 MOUNT
EDEN ROAD.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the attached Resolution thereby initiating
the annexation of 22215 Mount Eden Road.
Senior Planner Chris Riordan presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
RESOLUTION NO. 09-054
KING/MILLER MOVED TO APPROVE THE ATTACHED RESOLUTION
THEREBY INITIATING THE ANNEXATION OF 22215 MOUNT EDEN
ROAD. MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL
ABSENT.
Mayor Page asked for Council concurrence to move to Item 9 for the next item of
business. Council concurred.
12. ADOPT A FACILITY USE POLICY FOR THE NORTH CAMPUS
STAFF RECOMMENDATION:
Amend the existing building policies to include hours of use for the North Campus
site.
Item started at 7:50PM
Interim Recreation Director Claudia Cauthorn presented the staff report.
Mayor Page invited public comment
The following people requested to speak on this item:
Scott Wheelright, member and representative of Latter Day Saints Church, spoke in
support of the West Valley Muslin Association (WVMA) and offered their church
facility to WVMA for them to hold their Ramadan events in the event North Campus
wouldn’t work out.
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The following speakers addressed the Council in support of 8:00AM to 11:00PM –
inclusive of cleanup time; and to grandfather in existing users such as the WVMA,
which could extend the hours for WVM to 11:15 or 11:30 during certain times of the
Lunar Calendar:
Isbal Mirza
Anwar Awad spoke on behalf of Dr. Yacoub Elzig
Reshma Hder
Hume Qureshi
Abdul Ghori
Safeer Mohiuddih
Asham Heider
Hasham Hyder
Yacouba Traore
Ahmad Torjama
Imtiaz Quresiti
Sarah Azad
Hera Hyder
Kareem Syed
Kamran Khan
Aladdin Bakri
Muzaffer Haider
Ann Waltonsmith
Peter Marra
Arvin Engelson
Shahid Siddiqui
Razi Mohiuddin
Jack Mallory
The following people addressed the Council asking that the North Campus hours be
set at 8:00AM to 9:00PM on weekdays and 8:00Am to 10:00PM on weekends
inclusive of cleanup time:
Roger Piazza
Tom Saari
Bill Ford
Denise Goldberg
Patty Woolcock felt 10:00PM was a reasonable time to empty the parking lot; stated
she supported grandfathering in WVMA and asked that whatever the usage rules are,
they also apply to the Sheriff’s deputies.
Graham Mastyn supported having the parking lot emptied by 9:30PM
Mayor Page declared a break at 9:05PM
Mayor Page reconvened the meeting at 9:15PM
Paul Hernandez suggested using the facility for a while and then make a decision
regarding the hours of usage.
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Mayor Page closed the public comment period.
Council thanked all the members of the audience for the respectful manner in which
they presented their opinions.
VOTE ON FACILITY USE OF NORTH CAMPUS:
KING/MILLER MOVED TO ADOPT ALTERNATIVE “F”
GRANDFATHERING THE EXISTING USERS OF THE NORTH CAMPUS
AT A NORTH CAMPUS LOCATION SPECIFIED BY THE CITY BETWEEN
THE HOURS OF 8:00AM AND 11:00PM INCLUSIVE OF “CLEAN UP
TIME” ON THE CONDITION THAT THEY LOSE THIS PRIVILEGE IF
EITHER (1) THE USE CEASES FOR MORE THAN ONE YEAR, (2) THEY
EXCEED THE HOURS OF THEIR CURRENT USE TWO OR MORE TIMES,
OR (3) THE CITY COUNCIL CONCLUDES AFTER A NOTICED PUBLIC
HEARING THAT FACTS AND CIRCUMSTANCES HAVE CHANGED SUCH
THAT ALLOWING THE EXTENDED HOURS OF USE IS NO LONGER IN
THE PUBLIC INTEREST. THE TERM “INDOOR USES” ALSO INCLUDES
USE OF THE OUTDOOR PARKING AREA BUT ONLY FOR PARKING BY
PARTICIPANTS IN THE INDOOR USE. MOTION PASSED 4-1-0 WITH
COUNCILMEMBER NAGPAL ABSENT.
VOTE ON HOURS OF USE:
Vice Mayor King made a motion to accept Alternative “D” regarding hours of use.
Councilmember Miller requested a friendly amendment to that motion allowing staff
to request an increased deposit for groups that declare they will be doing “cleanup”
between 10:00PM and 11:00PM and that the rental group would forfeit the deposit if
the cleanup was not done quietly.
Vice Mayor King accepted the friendly amendment.
KING/MILLER MOVED TO ADOPT ALTERNATIVE “D” ALLOWING (1)
USE OF THE NORTH CAMPUS FROM 8:00AM TO 10:00PM DAILY
EXCLUSIVE OF “CLEAN UP”, WHICH CAN OCCUR AFTER 10:00PM
AND GUESTS MUST LEAVE BY 10:00PM – (MATCHING THE FOOTHILL
CLUB REQUIREMENTS); AND (2) ALLOWS STAFF TO REQUEST AN
INCREASED DESPOSIT FOR GROUPS DECLARING THAT THEY WILL
BE DOING “CLEAN UP” BETWEEN 10:00PM AND 11:00PM AND THE
CLEANUP IS NOT DONE QUIETLY. MOTION PASSED 4-1-0 WITH
COUNCILMEMBER NAGPAL ABSENT.
VOTE ON OPEN SPACE LOCATED AT STREET FRONTAGE AREA OF
NORTH CAMPUS GROUNDS:
KING/MILLER MOTIONED TO ADOPT EXISTING OUTDOOR PARK USE
POLICY TO INCLUDE STREET FRONTAGE OPEN SPACE AREA AT
NORTH CAMPUS. MOTION PASSED 4-1-0 WITH NAGPAL ABSENT.
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Item concluded at 10:00PM
Due to a significant number of people in the audience for Agenda Item 15 – City Wide
Program to plant 2,015 trees in Saratoga by 2015, Mayor Page asked for Council
concurrence to move this item up next for discussion. Council concurred.
13. VILLAGE ENTRANCE SIGN
STAFF RECOMMENDATION:
Approve design and installation of Village Entrance Sign
John Cherbone presented the staff report.
Mayor Page opened the public comment period.
The following person requested to speak on this item:
[Marilyn Marchetti, member of the Saratoga Village Development Council,
addressed the Council earlier in the evening regarding the design of the proposed
Village Entrance Sign.]
Paul Hernandez suggested the Village Entrance Sign be in gold leaf rough hewn
letters and added the signage should be integrated into a fence barrier with shrubbery
to help provide safety to people in the Blaney Plaza area from traffic on Saratoga
Avenue.
No one else requested to speak on this item.
Mayor Page closed the public comment.
DIRECTION TO STAFF:
Continue to work on the final draft and implementation plan of the Village Entrance
Sign and bring back to Council on a future agenda as a Consent Item. Council also
stated they would like the gold leaf letter coloring on the sign so that it would be
consistent with other signage in the community and to photo shop the exact location
of the sign into the final photo of where the proposed sign will be placed at Blaney
Plaza.
Mayor Page asked for Council concurrence to move to Item 11 for the next item of
business. Council concurred.
14. UNDEVELOPED CITY OWNED PROPERTY
STAFF RECOMMENDATION:
Accept report and provide direction to staff.
Public Works Director John Cherbone presented the staff report.
Mayor Page invited public comment.
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The following person requested to speak on this item:
Paul Hernandez inquired if the City paid taxes on these parcels of land.
Mayor Page noted the City does not pay taxes on these parcels.
Mayor Page closed the public comment period.
Vice Mayor King noted she requested to have this item agendized so that
Councilmembers were aware of these parcels of land.
Council determined that the current economy was not conducive to selling property at
this time and recommended waiting until the economy improved.
Council moved to Item 14 at 11:00PM
15. CITY WIDE PROGRAM TO PLANT 2,015 TREES IN SARATOGA BY THE
YEAR 2015
STAFF RECOMMENDATION:
Direct staff accordingly.
Kate Bear, City Arborist, presented the staff report. Ms. Bear noted the Heritage Tree
Society of Saratoga has offered to create the data base that would track the planting of
new trees and they would post this information on their website. The City website
would provide a link to the Heritage Tree Society. She noted the Heritage Tree
Society has offered to purchase and install a sign on Saratoga Avenue stating:
“Saratoga Proudly a Tree City USA”. She added the sign would indicate how many
trees have been planted and volunteers have offered to periodically update the sign
indicating how many trees have been planted.
Mayor Page invited public comment.
The following people requested to speak on this item:
Cheriel Jensen spoke in support of this project.
Denise Goldberg spoke in support of this project.
Kathy Forte, Director of Gate House Homeowners Association noted residents are
excited about this project.
Mayor Page closed the public comment.
Council concurred that this was an interesting project and noted there are a number of
issues that would need to be defined and resolved, such as how much staff time this
project would require, funding issues, where to plant trees, verification of newly
planted trees, and how would the data regarding the number of trees planted be
logged and by whom.
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Council noted the proposed signage indicating Saratoga was a “Proud Tree City
USA” was a good idea and added this also needed additional research.
Council was supportive of this project and suggested the Saratoga/Monte Sereno
Community Foundation be contacted to see if they would be interested in partnering
with the City and if they would be interested in helping to raise funds or provide a
grant. Council also suggested including this proposal in the next Saratogan, which
would be the winter edition.
Mayor Page asked for Council concurrence to move to the Consent Calendar for the
next item of discussion. Council concurred.
Council moved to the Consent Calendar at 10:30PM.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Hakone Foundation Executive Committee – he attended meeting the last meeting; they
welcomed back Beverly Harada to the Board of Directors; upcoming events include a
2010 Lunar Celebration for the Year of the Tiger and some interesting artwork related to
this event.
Peninsula Division, League of California Cities – voted on a Proposition that will forever
limit states ability to take money from local governments. He asked councilmembers to
provide their personal email addresses to Rebecca Elliott so they will be included in the
email communications regarding this issue.
West Valley Sanitation District – met and they updated some ordinances.
West Valley Mayors and Managers Association – Los Gatos has passed a moratorium on
medical marijuana stores.
Vice Mayor Kathleen King – had nothing to report.
Councilmember Jill Hunter – reported:
Historical Foundation – she attended the last meeting and noted three archeologists from
CalTrans have been studying significant historical sites along Highway 9. Heritage
County Commissioner April Halberstadt has been working with CalTrans to install
“historical” signage along Highway 9 depicting the historical sites. In addition, there have
been a number of organizations, such as Eucalyptus Magazine, Relocation Magazine,
Mercury News and Contra Costa Times that have been featuring Saratoga landmarks.
Library Joint Powers Association – meets next week
Santa Clara County Valley Water District Commission – meets next week.
Councilmember Howard Miller – reported:
Chamber of Commerce – has moved to their new location and they will be scheduling a
meeting with the City Manager to discuss their budget.
KSAR – hired summer interns with the CDBG money that the City provided to them
earlier in the year. The interns produced a large number of educational videos regarding
Saratoga events and he is hoping some of them will attend a future Council meeting and
provide a summary of what they accomplished.
Councilmember Susie Nagpal – absent.
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CITY COUNCIL ITEMS
Vice Mayor King noted the West Valley Community Services attended the last Rotary
meeting and gave a presentation on a newly acquired refrigerated truck that they will be
using to collect excess fruits and vegetables from local growers to make available to
people needing assistance. They asked if Council could agendize this on an upcoming
meeting so that they could inform the community of this new service they will be
providing. Mayor Page seconded this request.
Vice Mayor King also requested staff to provide an update in the next Council Newsletter
regarding the status of the ABAG Renewable Energy Program for Homeowners.
Mayor Page noted Council will look at Councilmember Susie Nagpal’s outside agency
assignments at a later date.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business Mayor Page asked for a motion to adjourn.
KING/MILLER MOVED TO ADJOURN THE REGULAR MEETING AT 11:30PM.
MOTION PASSED 4-1-0 WITH COUNCILMEMBER NAGPAL ABSENT.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Minutes – Siemans Energy/Water Efficiency & Budget Policies Review
Study Session – October 26, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for October 26, 2009 Siemans Energy/Water Efficiency & Budget
Policies Review Study Session.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from October 26, 2009 Study Session.
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MINUTES
SARATOGA CITY COUNCIL STUDY SESSION
OCTOBER 26, 2009
SIEMANS ENERGY/WATER EFFICIENCY STUDY & BUDGET POLICIES REVIEW
PRESENT:
COUNCILMEMBERS: Mayor Page, Jill Hunter, Howard Miller, Vice Mayor Kathleen King
ABSENT: Susie Nagpal (Excused absence)
STAFF: Dave Anderson, City Manager
John Cherbone, Public Works Director
Ann Sullivan, City Clerk
Crystal Morrow, Administrative Analyst II
Siemens Representatives: Kelly Ferguson, Rylan Ortiz, Rolando Toledo, Alex Ramos, Bala
Jayaraman, and HydroPoint Data Systems representative Ben Slick
AGENDA ITEM 1 – Presentation of Siemens Clean Energy Project Preliminary Study Results.
On March 4, 2009 Kelly Ferguson presented a slide show on the Siemens Energy Management Program.
At that meeting Council signed a memorandum of understanding allowing Siemens to conduct a free
preliminary study of the City’s energy and water use. The purpose of this Study Session is for Siemens
to present the results of that study.
Ms. Ferguson stated the study indicated the City’s annual utility spending is $400K with 55% going
towards water, 5% going towards gas, and 40% going towards electricity. She noted that while the City
has already carried out a number of energy saving projects there are two areas – water consumption and
energy use that could be improved to help reduce operating costs for the City.
Siemens identified potential areas for energy efficiency improvement measures:
o PC Power Management
o HVAC Upgrades
o Building Envelopes
o Solar Thermal
o Window Film
o Plug Load Controller
o Thermal Storage
o Solar Water Heating
o Cool Roofs
Ms. Ferguson noted the Siemens Energy Management Program uses energy performance contracting,
which is a financing mechanism that allows client organizations to carry out “clean” energy projects
without an upfront investment. She added energy performance contracting can be used for energy
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efficiency, water saving, renewable energy projects and more; and the initial project costs would be
financed by Siemens, who is then repaid through savings that result from the project. She added Siemens
would help provide a financing solution so that much of the energy services program is self-funding; and
Siemens’ proposals guarantee energy, water, and operational savings so there is no risk to the City in
accomplishing the facility improvements. The proposed project options included:
OPTION 1:
Lighting upgrades, PC power management, irrigation controls, streetlight upgrades at a cost of $1
million with a 10-year payback.
OPTION 2:
HVAC upgrades at a cost of $1.4 million with a 20-year payback.
OPTION 3:
HVAC upgrades and library photovoltaic system at a cost of $4.2 million with a 30-year payback.
Discussion took place regarding areas of recommended cost saving improvements:
Street Lights and Park Lighting:
Ms. Ferguson noted the current technology options are Induction Lighting, a form of fluorescent
lighting, or LED – with payback comparable to the LED option, but at a lower cost per fixture.
Councilmember Hunter noted the City does not have many street lights.
Ms. Ferguson acknowledged there are a limited number of Lighting and Landscape Districts with street
lights that may be in need of an upgrade; this could be discussed in a more detailed study with the Public
Works Director.
City Manager Dave Anderson stated the City has 455 lights; the City owns 182 and PGE owns the rest.
Library Solar Heating:
Ms. Ferguson stated the potential facility improvement measures at the Saratoga library would be solar
photovoltaic with capital contribution offsets – 30% of consumption; long payback; has limited roof
space for solar panels. The parking lot could be reconfigured to accommodate solar panels, but it would
increase the cost. Ms. Ferguson noted Siemens would like to look at the city hall complex overall to see
what the potential is for the installation of solar energy at a more affordable cost, thus continuing
Saratoga’s statement that they are a sustainable City.
Councilmember Hunter noted that solar equipment is changing all the time and is getting smaller as
technology develops with solar panels continuing to become more efficient.
Ms. Ferguson responded that may be true on a larger scale as opposed to a smaller scale and the solar
panels are becoming more efficient. She added they have been receiving lower equipment pricing from
local solar companies and accompanied by the faster payback terms; this has allowed them to create a
package that has a more reasonable payback period. She added, in terms of capital expenditure, the City
could reduce their overall cash flow by taking advantage of the solar rebates that are available from the
state.
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Ms. Ferguson also noted there would be some capital expenditure for the street lighting.
Discussion took place regarding the “Overview of Refined Options” as noted in the handout and
Councilmember Miller inquired about the cost range - $1.4 million – being the same for Option 2 and
Option 3.
Vice Mayor King commented about the actual cost savings; noting that for each dollar spent, we would
save a dollar over the next 10 years and with interest we wouldn’t see any savings until after 10 years
and questioned if Siemens could guarantee that there wouldn’t be any change in technology during that
time.
Councilmember Miller noted that this program provides the City with an option to fund all the
recommended improvements without utilizing City funds.
Ms. Ferguson stated that once the City decides on which project they would be interested in
implementing, Siemens would help with financing options; adding Siemens does not provide financing
and the City is not obligated until financing is secured.
Councilmember Hunter noted that her concern focused more on the water consumption costs than on
electricity costs, especially if water rates will be increasing by 30%.
Vice Mayor King agreed with Councilmember Hunter that our priority should be on water efficiency
since that is 55% of our annual utility costs, noting that there was no clear data in the proposal on how
Siemens could implement a program to help the City be more water efficient.
Ms. Ferguson responded that would be the next step – a Detailed Study at the cost of $50,000. This
phase would first require a “Letter of Intent” to move forward with the Detailed Study. She noted that if
the City decided to move forward with the Letter of Intent, the $50,000 Detailed Study cost would be
rolled into project financing and would not be a direct cost to the City, unless the City decided not to
move forward after Siemens met the City’s detailed project criteria.
Siemens representative Bala Jayaraman, added that they believe there is an energy savings project that
will meet the criteria for the City, and the Letter of Intent ensures that Siemens will put in writing what
the criteria is and that they will meet the criteria that the City has defined in the Letter of Intent.
Councilmember Miller expressed his concern regarding the accuracy of a Detailed Study to acquire
meaningful baseline data on the newly completed North Campus and Kevin Moran Park facilities, and
Congress Springs Park. In addition, he asked what establishes acceptable criteria for the Letter of Intent.
Mr. Jayaraman replied that it would include items such as financial criteria in terms of how much
payback the City would want, capital expenditure contributed by the City, interest rates, payback period,
and is the project financeable. He added a 10-year payback period would be a recommended criteria;
adding they would not recommend a payback period to be the same number of years as the life
expectancy of the equipment.
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Mr. Jayaraman stated that since the risk Siemens takes is based on the performance, they would ensure
that the baseline the City is currently working on is correct and the only way they can do that is to
measure it.
Mayor Page noted that staff should include in the Letter of Intent the cost incurred by the City to
complete the recent facility improvements and that cost should be included in the payback criteria.
Vice Mayor King suggested staff provide data on which energy efficient equipment they have already
installed in the last 3 years and the projected cost efficiency percentages they expect to see from those
installations before any equipment is changed. She also indicated she would like additional
understanding and reference verifications before moving on to the next step.
City Manager Dave Anderson made an observation that if Siemens performs the Detailed Study, it
should develop cost efficiency data on equipment that has already been installed. Council could
establish the criteria, noting Council has indicated in the preceding discussion they would like:
Ø 10 or 15 year payback period.
Ø 25% savings on electricity and water.
Ø 15 to 20% longer useful life than the payback.
In addition, City Manager Anderson noted that with those parameters, Siemens would have to conduct
research to indicate whether or not they could meet those parameters to attain Council’s goals.
City Manager Anderson summarized the alternative directions:
Ø Staff should provide a report on what they have already done in the past three years and what
they can continue to do to be more energy efficient.
Ø Council would develop criteria for Siemens to conduct a detailed study. They would then
determine whether or not they could meet the criteria.
Vice Mayor King noted Council could give direction to proceed with both recommendations.
Councilmember Miller stated he would like to know more about what the valid criteria options are.
Councilmember Hunter noted that a Councilmember was absent and this Councilmember had expressed
concerns at the first Siemens’ presentation and noted that she wanted more research conducted before
moving forward.
Mayor Page noted that is what this study session is providing – the process to look at the energy
efficient options that are available before moving forward.
Siemens representative Bala Jayaraman stated that they would provide Letter of Intent criteria that they
have been presented with over the last several years from other cities in order to help staff and Council
determine the criteria they would like to present in their Letter of Intent.
Council and staff was in agreement with Mr. Jayaraman’s suggestion and noted that after they received
that compiled sample criteria from Siemens, another Council Study Session could be scheduled to go
over that data and determine the criteria that would be best for the City of Saratoga.
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DIRECTION TO STAFF:
· Schedule a future study session to go over criteria that will be provided by Siemens and at that
Study Session Council will establish the criteria they would like staff to present in a Letter of
Intent, if Council decides to move forward.
Council concluded discussion on Agenda Item 1.
AGENDA ITEM 2 – Budget Policies.
Finance Director Mary Furey presented the staff report.
Director Furey noted that as of the October 13, 2009 Cost Recovery Study Session, Council direction
affirmed the Recreation Department’s stated cost recovery goal of approximately 65%, in alignment
with recovery obtained by other surveyed Recreation Departments. In addition, Council did not
establish a cost recovery rate for the Community Development Department as it was determined there
was not enough consistent financial information to make a valid decision. Council did, however,
establish a fund balance policy for the Development Reserve which allows for the utilization of up to
one-third of the fund balance reserve to offset revenue shortfalls. This new policy is to include direction
that Community Development Department excess revenues over expenditures would be allocated into
the Development fund balance reserve in order to build the reserve up in more profitable years, for use
in years in which revenues drop below expenses. This mechanism is intended to mitigate the economic
impacts of revenue peaks and valleys that occur with development activities over multiple year cycles.
Ms. Furey noted that there are budget policies and budget practices and wouldn’t recommend
incorporating all the “practices” into the budget document. She added due to council changes and
changes in general, budget policies are an on-going process. Ms. Furey also pointed out the budget
document itself is a budget policy statement and when council adopts the budget it’s an operations plan,
– a financial plan, a policy document and a communications document, and that is why narrative is
included; it helps to explain the what, why, and how, rather than just focusing on numbers.
Director Furey added that typically most budget policies are not set up for one year, they are usually
ongoing.
Vice Mayor King inquired about the 65% cost recovery policy for the Recreation Department.
Director Furey stated the 65% cost recovery policy for the Recreation Department was noted in the
summary narrative of the last fiscal year operating budget that was adopted by Council. She added the
budget policies Council adopted as part of the overall Financial Policies Statements and Cost Recovery
Study Session will be incorporated into the next fiscal year budget.
Councilmember Miller inquired if the minimum fund balance reserve of at least 20% is the same as the
operating reserve balance that was adopted July 1, 1999.
Director Furey stated it was not; it came about as a result of a recent credit agency rating of the city –
that having a policy stating an overall fund balance reserve of 20% of operating expenditures in the
General Fund for working capital cash balance is viewed favorably by the rating agencies.
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Vice Mayor King recommended staff clarify that statement by re-wording the policy to say “over all
General Fund reserve” so that the statement wouldn’t be questioned in the future.
DIRECTION TO STAFF:
· Re-word statement regarding “minimum fund balance reserve” to say “over all General Fund
reserves” so that the statement wouldn’t be questioned in the future.
Councilmember Miller inquired about the minimum annual funding goal of $1,000,000 for CIP
Streets/Pavement Management program and how this fits in the road budget
City Manager Anderson stated the City receives about $600K in gas tax which has to be spent on road
maintenance. Staff realized that in order to maintain our pavement management index we would need at
least $1,000,000; adding that this has been a long term goal of the city to do this. The City Council
made a commitment to establish $1,000,000 in funding to maintain our pavement management index by
supplementing the $600,000 that we receive from the state initially with the TEA funding, which was
subsequently replaced with funding from the road impact fee.
Councilmember Miller asked how much of the TEA money is used to supplement the million dollar
fund.
Mr. Anderson stated the road impact fees were used and no TEA dollars were used at this point.
Vice Mayor King asked if the state has taken away the gas tax revenues during the last couple of years.
Director Furey noted the state has not.
Councilmember Miller questioned if the statement regarding ‘The $300,000 of designated TEA proceeds
previously transferred to the CIP Streets/Pavement Management program was reverted back to the
General Fund effective with the FY 2008/09 budget’ needed to remain in that summary statement.
Director Furey noted that it no longer needed to be included.
Vice Mayor King inquired if the CIP Streets/Pavement Management program was originally set at $1.2
million.
Director Cherbone stated the road impact study goal was estimated at $1.4 million to stay at a PCI of 72;
however the funding goal is set at $1 million minimum.
Mr. Anderson added the state and the federal governments provide supplemental funding on a fairly
regular basis through the grant and supplement city revenues to assist the City in achieving this goal.
Vice Mayor King recommended the summary should state that in order to stay at 72 PCI the
Streets/Pavement Management program requires $1.4 million funding and the policy is to spend at least
$1 million in local funds each year.
Mr. Anderson noted that staff could seek grants or federal monies for the remaining portion.
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Vice Mayor King noted the funding history that was used to fund the CIP Streets/Pavement
Management program was originally with VTA grants and when that money was no longer available we
tried to implement a Utility Tax and that didn’t pass, so we agreed to supplement the fund with TEA
money and currently the Vehicle Impact Fee is used to fund that program.
Director Cherbone acknowledged that the city did receive money from Measure B, which no longer
exists, and now from Prop 42.
Mr. Anderson noted there have been three structural funding sources for the CIP Streets/Pavement
Management program and that should be noted in the summary wording.
Councilmember Miller added that history should be included in the summary as well.
DIRECTION TO STAFF:
· Remove the last sentence from the seventh bullet in the Appropriations and Budgetary Control
summary of the Financial Policy Statements, ‘The $300,000 of designated TEA proceeds
previously transferred to the CIP Streets/Pavement Management program was reverted back to
the General Fund effective with the FY 2008/09 budget’.
· The summary in the Appropriations and Budgetary Control section should include wording that
states “In order to stay at PCI of 72, the CIP Streets/Pavement Management program requires
$1.4 million. The policy is to spend at least $1 million.
Councilmember Miller asked for clarification on the allocation of the $100,000 TEA dollars for facility
improvements.
Director Furey noted that money goes towards major capital improvements for facilities such as HVAC
systems and minor improvements such as re-keying door locks.
Mr. Anderson added we were behind on funding of capital equipment for facilities and as a result
Council dedicated a revenue source to that program. Facilities Supervisor Thomas Scott implemented a
5-year program to bring facilities up to par, noting staff is currently half way through the facility
updates.
Vice Mayor King noted that originally TEA funds were used mostly for pro-active capital uses such as
roads and the Sheriff’s contract and now it is mostly being used for staff through the General Fund.
Mr. Anderson noted that TEA dollars really aren’t for staff and proceeded to distribute a handout
depicting TEA funding allocations:
o Additional hours for Sheriff’s patrol,
o Additional street maintenance,
o Additional Facility maintenance,
o Funding for the Saratogan,
o Funding for street sweeping in the Village,
o Spot color for medians,
o Addition of Administrative Analyst position to support reactivating commissions,
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o Convert two temporary positions to benefitted positions (maintenance/technical)
Councilmember Miller stated that basically half the TEA money is being spent on Council priorities and
the other half goes to the General Fund.
Director Furey and City Manager Anderson noted the General Fund does support everything else,
including the Sheriff’s contract, staff, etc.
Councilmember Miller asked if the TEA Funding Allocation list that was distributed represents Council
policy.
Director Furey noted staff hasn’t been directed differently and City Manager Anderson added that staff
continues to fund the expenditures that Council set forth as on-going expenditures from this source in
2007/08.
Director Furey noted Council would have to direct staff to discontinue specific expenditures – such as
the publication of the Saratogan – if that is what Council desired.
Vice Mayor King stated the issue is the $385,000 that is going into the General Fund in order to cover
the operational costs of the City.
Director Furey noted the Sheriff’s contract alone had increased $500,000 in the last three years.
Vice Mayor King stated property taxes would increase over the years and would help offset those
increases; the number of employees could be reduced over the years as some areas will become more
automated.
Mr. Anderson stated the problem is that external costs continue to increase and the property tax rate is
decreasing and at some point those factors will be problematic and will require a significant decrease in
services.
City Manager Anderson proceeded to distribute a handout depicting Public Safety Costs for Law
Enforcement Contracts for FY 2006/07, 2007/08, 2008/09 and 2009/10; including data reflecting the
percentage increase for the Sheriff’s contract for those years; and a hand out depicting actual employee
salaries and benefits for FY 2007/08, estimated employee salaries and benefits for FY 2008/09; and
adopted employee salaries and benefits for FY 2009/10.
City Manager Anderson noted that in the past, the annual increase for the Sheriff’s Office contracts were
at seven, eight, and nine percent and as a result the contract cities met and informed the Sheriff’s
Department that the cities were contemplating creating their own law enforcement department unless the
Sheriff’s Department agreed to a new agreement. The contract cities collectively negotiated a new
agreement with the Sheriff’s Department that included price caps, and that is why their contract is
limited to four or five percent.
Council discussed the Sheriff’s budget and the services provided by the Sheriff’s department and noted
they were pleased with the services that were provided.
34
9
Councilmember Miller stated he agreed that the level of funding for the Sheriff’s Office is great and the
level of service is great, however he questioned the fact that the funding for the Sheriff’s Department is
a quarter of the annual budget and yet nothing is noted about that in the budget summary.
City Manager Anderson concurred with Councilmember Miller and stated that the Sheriff’s contract is
the largest expenditure for the city and there is nothing noted about it; adding that there must be some
policy or criteria that could be noted in the summary.
Vice Mayor King noted that since the contract is limited to a specific percentage increase each year, why
not include that in the budget summary.
City Manager Anderson noted staff would look at the Sheriff’s Contract to see if there are any policies
that could be noted in the budget summary.
DIRECTION TO STAFF:
· Review Sheriff’s contract for specified policy requirements that could be noted in the budget
summary.
Council proceeded to discuss the CIP policies. They noted $50,000 has been set aside for sidewalks;
$50,000 for storm drains; and $300,000 for hillside reserves. They also discussed whether or not to
implement a policy regarding the Discretionary Fund.
Director Furey noted the Discretionary Fund use is a practice item – not a policy item.
City Manager Dave Anderson added Council could establish goals for the Hillside Reserve Fund and
staff would start building on those goals by adding specific amounts as directed by Council each budget
cycle.
Council decided to establish a goal of $1 million dollars in the Hillside Reserves to be funded at
$100,000 per year for the next 10 years.
Council discussed the Traffic Safety Program projects and how to fund those projects.
Council also discussed funding building replacement and land acquisition.
DIRECTION TO STAFF:
· Build the Hillside Reserve Fund to one million dollars at $100,000 a year for the next 10 years.
· Note in the next fiscal year budget summary (narrative):
Ø It is Council Practice to establish CIP annual funding of $50,000 for sidewalks, $50,000
for storm drains, and to build a $1 million hillside reserve fund – to be funded at a $100K
a year for the next 10 years.
Ø Traffic Safety projects will be handled in the CIP on an “as needed basis” for Council
prioritization.
· Establish a Property/Facility Acquisition Replacement Reserve. This fund is intended to build
capital for future property acquisition and future facility replacement.
· Include in budget policy that future councils pursue remaining TEA funds.
35
10
Director Furey noted the GFOA will be changing the rules on Fund Balance Reserves and this sinking
fund practice may have to be addressed in the next budget cycle.
Vice Mayor King also expressed an interest in developing a retrospective ten-year trend on revenue and
costs.
City Manager Dave Anderson noted that we already have retrospective data for the past several years
and it is continually being refined. In addition, Director Furey is working on a five-year prospective
trend.
Director Furey noted that past finance directors had completely different funds and accounting practices
and those practices don’t exist any longer.
Councilmember Miller added that with Director Furey’s efforts, much of the revenue and cost trend has
already been established for the past five to seven years – such as employee data.
Vice Mayor King stated she would like the five-year trend data with a goal of ten years included in the
budget policies.
Councilmember Miller clarified the retrospective and prospective trend data request stating it would be a
five year goal with ten years of trend data.
Director Furey noted she will keep accumulating it over the next five years.
There being no additional business Mayor Page adjourned the Study Session at 9:05.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
36
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – November 4, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the November 4, 2009 City Council Meeting:
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from November 4, 2009
37
MINUTES
SARATOGA CITY COUNCIL MEETING
NOVEMBER 4, 2009
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Significant Exposure
to Litigation Pursuant to Government Code Section 54956.9 (b) (1 potential case)
CONFERENCE – INSTRUCTION TO REAL PROPERTY NEGOTIATOR (Gov’t Code
Section 54956.8): Wildwood Way
Agency Negotiators: Dave Anderson, City Manager and John Cherbone, Public Works
Director
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page stated there was no reportable information.
City Council held a Joint Meeting with members of the Ministerial Association in the
Administrative Conference Room at 6:00 p.m.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen
King, Mayor Chuck Page
ABSENT: Susie Nagpal (Excused Absence)
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Barbara Powell, Assistant City Manager
Ann Sullivan, City Clerk
Mary Furey, Finance Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Cynthia McCormick, Associate Planner
Kate Bear, City Arborist
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of November 4, 2009, was properly posted on October 29,
2009.
38
2
ORAL COMMUNICATIONS
The following people requested to speak:
Citizen Ray addressed the Council regarding the pollution from the Lehigh Cement Plant
in Cupertino. He stated he recently attended a meeting in Sacramento regarding this
concern.
Grover Steele addressed the Council regarding the October 13th article in the Saratoga
Newspaper about the proposed Community Garden by the Peck family and the potential
development of the West Valley Water District property bordering the Saratoga Creek; he
stated he does not support this proposal.
Naomi Matsumoto expressed her appreciation of the support shown by the City Council
for the West Valley Community Services program. She noted they have seen a 30%
increase in participation from a year ago from people who need their services. She added
they are having a difficult time keeping enough donated food items available for the
people who are in need and welcomed any and all donations.
Vice Mayor King asked if they had enough volunteers for serving food on Thanksgiving
Day.
Ms. Matsumoto noted they have enough servers lined up for that day; however they do
need volunteers to adopt seniors for the Adopt a Family Program for the holidays.
Vice Mayor King asked how people could get excess produce from their fruit and
vegetable trees to West Valley Community Services.
Ms. Matsumoto stated people could drop the excess produce off at the West Valley
Community Services office or they could call their office to schedule a time where they
could meet at the Los Gatos location to pick up the donated produce.
Janice Gamper addressed the Council regarding the discontinued public transportation
services for people that needed transportation services later in the evening and asked how
she could get transportation assistance for her and her father.
DIRECTION TO STAFF
Mayor Page suggested Ms. Gamper call 211 for transportation assistance.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Reverend Eric Swanson from West Hope Presbyterian Church provided a brief report on
the Joint Meeting with the Ministerial Association prior to the Regular Council meeting.
He noted the association meets once a month and their goal is to continue networking
with the various communities of faith within Saratoga to build a community of peace.
They expressed an interest in working with the City to reach out together to build
community. Reverend Swanson invited all Saratoga communities of faith to participate
in the Thanksgiving Dinner Interfaith celebration on Thanksgiving Day at Congregation
Beth David. In addition, he invited everyone that would like to be more involved in the
39
3
community to visit their website at www.SaratogaServes.org – a program that was
enacted in 2008 that promotes service and good will in the Saratoga community.
Mayor Page took this opportunity to invite the members of the Ministerial Association
that were in attendance to join him on the Dais so that he could present them with a
proclamation declaring the month of November as “National Family Care Givers
Month”. Mayor Page read the proclamation and presented it to the members that were
present.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Vice Mayor King stated the Sister City 25th Anniversary celebrations will be starting this
week and invited everyone to help welcome the delegation from Muko Japan and to join
them in the tree planting event at the Warner Hutton House on Saturday . She added
people could call the city offices to obtain a schedule of events.
Councilmember Hunter noted there was an event for children scheduled at the Saratoga
Library on Saturday. Ms. Hunter also invited everyone to come to the annual Tree
Lighting Ceremony on November 27th – followed by the Village Open House events.
Mayor Page noted the City began their Sister City relationship with Muko, Japan twenty
five years ago; which includes a student exchange program. He added the Mayor from
Muko, Japan would be a member of the delegation scheduled to arrive on Thursday.
Vice Mayor King invited everyone to participate in the “Turkey Trot” competition in
downtown San Jose on the morning of Thanksgiving Day.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
October 15, 2009
October 22, 2009
MILLER/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: OCTOBER 15, 2009 AND OCTOBER 22,
2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
40
4
2. TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2009
STAFF RECOMMENDATION:
Review and accept the Treasurer’s Report for the month ended September 30, 2009.
MILLER/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED SEPTEMBER 30, 2009. MOTION PASSED 4-0-1WITH
COUNCILMEMBER NAGPAL ABSENT.
3. FINAL MAP APPROVAL FOR TWO LOTS LOCATED AT 15211 HUME
DRIVE
STAFF RECOMMENDATION:
Move to adopt Resolution granting final map approval of tentative map application
No. SUB 09-0001 for two lots located at 15211 Hume Drive.
RESOLUTION NO. 09-056
MILLER/HUNTER MOVED TO ADOPT RESOLUTION GRANTING FINAL
MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 09-0001
FOR TWO LOTS LOCATED AT 15211 HUME DRIVE. MOTION PASSED 4-
0-1WITH COUNCILMEMBER NAGPAL ABSENT.
4. FY 2009 – 2010 CDBG COUNTY/CITY CONTRACT
STAFF RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute a $464,069.77 contract
with Santa Clara County for the FY 2009-2010 CDBG Program.
RESOLUTION NO. 09-057
MILLER/HUNTER MOVED TO ADOPT A RESOLUTION AUTHORIZING
THE CITY MANAGER TO EXECUTE A $464,069.77 CONTRACT WITH
SANTA CLARA COUNTY FOR THE FY 2009/2010 CDBG PROGRAM.
MOTION PASSED 4-0-1WITH COUNCILMEMBER NAGPAL ABSENT.
5. UPDATE OF SARATOGA’S LOCAL HAZARD MITIGATION PLAN
(LHMP) MATRICES PURSUANT TO THE DISASTER MITIGATION ACT
OF 2000
STAFF RECOMMENDATION:
Authorize the City Manager to submit the attached updated mitigation matrices to the
Association of Bay Area Governments (ABAG) and the Federal Emergency
Management Agency (FEMA) for their preliminary review and comment.
MILLER/HUNTER MOVED TO AUTHORIZE THE CITY MANAGER TO
SUBMIT THE UPDATED MITIGATION MATRICES TO THE
ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) AND THE
FEDERAL EMERGENCY MANAGAEMENT AGENCY (FEMA) FOR THEIR
PRELIMINARY REVIEW AND COMMENT. MOTION PASSED 4-0-1WITH
COUNCILMEMBER NAGPAL ABSENT.
41
5
PUBLIC HEARINGS
6. APPEAL OF A TREE REMOVAL PERMIT (TRP09-0222).
STAFF RECOMMENDATION:
Staff recommends that the City Council uphold the Planning Commission decision
denying the appeal and allowing the removal of four oak trees. The attached
resolution would make removal subject to all the Planning Commission conditions,
including a provision that work may not proceed if a court has determined that the
Applicant may not remove trees within the easement.
City Arborist Kate Bear presented the staff report regarding the appeal of a tree
removal permit on Via Regina Drive.
Max Keyashian, appellant, addressed the Council requesting that they deny the
Planning Commission’s decision allowing the removal of four oak trees at 21818 Via
Regina.
Linda Yelavich, applicant, addressed the Council asking that they uphold the
Planning Commission’s decision granting removal of four oak trees at 21818 Via
Regina.
Mayor Page opened the public hearing for comment.
No one requested to speak on this item.
Mayor Page closed the public hearing comment.
Mr. Kayeshian re-addressed the Council asking Council to deny the Planning
Commission’s decision to allow removal of four oak trees at 21818 Via Regina.
Linda Yelavich re-addressed the Council asking Council to uphold the Planning
Commission’s decision.
Councilmember Hunter noted she supported the appellant opposing the Planning
Commission’s decision to allow the removal of four oak trees.
RESOLUTION NO. 09-058
MILLER/KING MOVED TO UPHOLD THE PLANNING COMMISSION’S
DECISION APPROVING APPLICATION NO. TRP 09-0222 FOR THE
REMOVAL OF FOUR COAST LIVE OAK TREES AT 21818 VIA REGINA;
AND TO ADOPT THE RESOLUTION WHICH WOULD MAKE REMOVAL
SUBJECT TO ALL THE PLANNING COMMISSION CONDITIONS,
INCLUDING A PROVISION THAT WORK MAY NOT PROCEED IF A
COURT HAS DETERMINED THAT THE APPLICANT MAY NOT REMOVE
TREES WITHIN THE EASEMENT. MOTION PASSED 3-1-1 WITH
COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL
ABSENT.
42
6
OLD BUSINESS
7. HERRIMAN AVENUE PEDESTRIAN WALKWAY AND BICYCLE LANE
REVIEW
STAFF RECOMMENDATION:
Receive report and provide direction to staff
Public Works Director John Cherbone presented the staff report.
Franziska Church and Sohrab Rashid, Traffic Engineers from Fehr & Peers, provided
additional data regarding pedestrian and bicycle lane options on Herriman Avenue
and noted they recommended Options 1 or 3.
Mayor Page invited public comment.
The following people requested to speak on this item:
Carl Dwjta stated option 3 was probably the most ideal for the majority of the
residents; however he was in support of Option 4.
Marilyn Foust stated a sidewalk was installed on a street that wasn’t made to
accommodate a sidewalk. She noted she receives complaints from the postman and
noted she would like an option where there is a buffer and not to keep Herriman the
way it is now.
Minggui Pan noted he does not support Option 2 as it would benefit only one or two
residents and the chosen option should benefit the majority of the residents.
Bob Dimicco noted he supports Option 1.
Annette Cozimel stated she supports Option 4.
No one else requested to speak on this item.
Mayor Page closed the public comment.
KING/MILLER MOVED TO APPROVE OPTION 1: KEEP CURRENT
CONFIGURATION OF HERRIMAN AVENUE. CREATE RAISED
PEDESTRIAN WALKWAY BY FILLING IN BETWEEN THE ASPHALT
BERM AND CONCRETE CURB. MOTION PASSED 3-1-1 WITH
COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL
ABSENT.
NEW BUSINESS
8. STATUS OF JANUARY 6, 2010 COUNCIL MEETING
STAFF RECOMMENDATION:
43
7
Consider cancelling the meeting of January 6, 2010.
City Clerk Ann Sullivan presented the staff report.
PAGE/KING MOVED TO CANCEL THE JANUARY 6, 2010 COUNCIL
MEETING. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL
ABSENT.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Valley Transportation Authority PAC – meets Thursday evening and may vote on a
couple items: Reorganization of small city groupings – specifically whether or not to add
Milpitas to Sunnyvale and Santa Clara; and Governances – how the five small city
representatives are appointed to the board. He noted VTA may be looking at additional
employee layoffs due to the downturn in the economy and reduced ridership.
Vice Mayor Kathleen King – reported:
West Valley Flood Control Zone & Watershed Advisory Committee – suggested Council
reconsider this committee as they only schedule four meetings a year and feels the
meetings have not been very productive overall.
SSC Cities Association Executive Board – will meet next Thursday and noted the Cities
Association will have “California Forward” come in to talk about the future Initiatives,
such as the City of San Jose’s efforts to ban plastic bags, CDC grants of $376 million
dollars that are available to the County Health Departments and only 40 grants will be
given out. These grants will be applied to improving access to community exercise
programs, quitting smoking, and general health plan coverage’s. She reminded Council of
the annual Christmas Party on December 3, 2009.
Councilmember Jill Hunter – reported:
Thanked KSAR for always attending every city function and for interviewing people.
Library Joint Powers Association – she attended the County Library meeting and noted
they will be conducting a survey of people that do not have library cards; adding that only
45% of Saratogans have a library card. She stated their goal is to increase the number of
library cards and circulation as this is what determines how much funding the Saratoga
Library receives. She added Saratoga was recognized for their donation of $50K to the
library. She thanked the Friends of the Library group for their continued fund raising
efforts.
Santa Clara County Valley Water District Commission – she attended the last meeting;
they discussed the new changes that will be effective January 1, 2010 and stated the
District’s goal is to have people cut back 20% in their water usage. She noted the County
in general has reduced water usage by 15%.
Councilmember Howard Miller – reported: he attended the HTC Policy Committee
meeting as an alternate and noted there are two items Council will want to be aware of
regarding CDBG Grants. He stated the downturn in the economy has caused the County
to look for ways to minimize the cost of their programs. For 2011 the County will try to
limit the amount of administrative overhead for public service grants by considering
having fewer grants at a larger amount. In addition they are considering retaining about
44
8
$15,000 of administrative dollars that normally the City would use to administer the
programs to help fund their services.
Chamber of Commerce – has moved into their new office on Big Basin; facility is open
for business; and they expressed their appreciation to the city for waiving the CUP fee.
KSAR – is looking at spending some of the PEG capital dollars to purchase some video
editing stations.
Santa Clara County Emergency Council – will be attending the meeting on Thursday.
Council Finance Standing Committee – met earlier today and noted Council did receive
an updated Financial Report. He added the new computer software system is now able to
generate reports for current revenue and expense by quarter, versus by budget. He stated
expenses are below what was expected at this point – which is good; and revenue is
difficult to determine as it is very seasonal, e.g. property tax dollars, which will be
coming later in the fiscal year and those tax dollars are at where we expected them; and
the Building Department has been issuing a lot of building permits, however, due to the
economy not as many projects are coming in right now.
Councilmember Susie Nagpal – Excused Absence.
CITY COUNCIL ITEMS
Councilmember Miller noted the Boy Scouts of Troop 535 will be conducting their City-
wide E-Waste Recycling in January and would like to attend the first meeting in
December to provide additional information on this program.
Mayor Page stated Troop 535 members could speak during the Non-agendized portion of
the Council Agenda on December 2, 2009, and they could lead the Pledge of Allegiance.
Councilmember Hunter provided Council with copies of an article in the Saratoga News
15 years ago regarding trees and noted she would provide City Arborist Kate Bear with
one as well.
Mayor Page announced that as a result of the Joint Meeting held earlier with the Saratoga
Ministerial Association he would like to agendize the addition of a new Council
assignment for a council liaison to the Ministerial Association.
City Manager Dave Anderson reported that SASCC wanted to convey their appreciation
of the City’s participation in the recent shredding of documents; they conducted a
successful Health Faire providing seasonal flu shots recently; and SASCC members are
in the process of selecting an investment advisor. Their investment committee is
conducting interviews to acquire a firm to assist SASCC with their portfolio.
Councilmember Hunter noted she will be attending future SASCC meeting and inquired
about the SASCC schedule.
City Manager Dave Anderson stated he would have Debbie Bretschneider contact her
regarding the SASCC meeting schedule.
City Attorney Richard Taylor noted he is unable to attend the November 18, 2009
Council meeting and Assistant City Attorney Jonathan Wittwer would be attending in his
absence.
45
9
CITY MANAGER’S REPORT
City Manager Dave Anderson noted he would like Council’s permission to leave the state
during the week of Thanksgiving.
Council extended their approval for Mr. Anderson to leave the state during the week of
Thanksgiving.
Council Hunter noted Council members and staff were wearing white ribbons in honor of
Susie Nagpal and wished her a speedy recovery.
ADJOURNMENT
There being no additional business Mayor Page asked for a motion to adjourn.
KING/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:25PM.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
46
Dave Anderson
Melanie Whittaker Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
10/29/09 113605 113671 66 181,977.71 10/29/09 10/22/09 113604
11/05/09 113672 113733 61 225,804.83 11/05/09 10/29/09 113671
AP Date Check No. Issued to Dept.Amount
10/29/09 113617 Public Safety 28,352.08
10/29/09 113621 Facilities 39,490.31
10/29/09 113646 Various 20,555.55
11/05/09 113678 Public Works 39,166.87
11/05/09 113682 Public Works 49,986.00
11/05/09 113692 Public Works 37,029.56
PREPARED BY:DEPT. DIRECTOR:
Type of Checks Date
Starting
Check No.
Ending
Check No.Total Checks Amount
Checks
Released
October 29, 2009
November 05, 2009
SARATOGA CITY COUNCIL
MEETING DATE:November 18, 2009 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
North Campus Improvement
Pacific Gas & Electric Various Electric/Gas Services
CRW Industries CIP - Facilities Project
Prior Check Register
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
City of San Jose -
Animal Services General
Monthly Animal Services -
August & September
Fund Purpose
Accounts Payable
Accounts Payable
Prospect Median #11
Blossom Valley
Construction CIP - Streets Project
Casey Construction CIP - Streets Project Retaining Wall - Comer Dr
County of SC -
Enviromental
Hazardous Waste General Hazardous Waste Fees
47
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
11/05/09 113687 (348.00)
11/05/09 113361 (445.53
11/05/09 113658 (682.81)
The following is a list of cash reduction by fund:
Fund #AP 10/29 AP 11/05 Total
111 General 91,553.28 95,589.51 187,142.79
231 Village Lighting 2,746.51 2,746.51
232 Azule Lighting 225.48 225.48
233 Sarahills Lighting 250.34 250.34
241 Arroyo de Saratoga Landscape 85.00 85.00
242 Bonnet Way Landscape 135.00 135.00
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape 150.00 150.00
245 Fredericksburg Landscape 132.00 132.00
246 Greenbriar Landscape 556.00 157.25 713.25
247 Kerwin Ranch Landscape 311.00 311.00
248 Leutar Court Landscape 85.00 85.00
249 Manor Drive Landscape 160.00 160.00
251 McCartysville Landscape 198.34 198.34
252 Prides Crossing Landscape 1,053.14 1,053.14
253 Saratoga Legends Landscape 158.00 158.00
254 Sunland Park Landscape 203.00 203.00
255 Tricia Woods Landscape 53.58 53.58
271 Beauchamps Landscape 142.12 142.12
272 Bellgrove Landscape 2,018.01 2,018.01
273 Gateway Landscape 203.00 203.00
274 Horseshoe Landscape/Lighting 329.17 329.17
275 Quito Lighting 1,255.41 1,255.41
276 Tollgate LLD 90.00 41.10 131.10
277 Village Commercial Landscape 475.00 475.00
411 CIP Street Projects 5,083.55 101,149.35 106,232.90
412 CIP Parks Projects 2,985.00 445.53 3,430.53
413 CIP Facility Projects 49,362.74 13,178.12 62,540.86
414 CIP Admin Projects 4,679.00 4,679.00
431 Grant Fund - CIP Streets 2,564.46 2,564.46
481 Gas Tax Fund 9,524.60 9,524.60
611 Liability/Risk Mgt 260.00 260.00
612 Workers' Comp 470.47 470.47
622 Information Technology 155.83 5,926.98 6,082.81
623 Vehicle & Equipment Maint 2,433.33 220.45 2,653.78
624 Building Maintenance 17,164.82 3,687.07 20,851.89
191,977.71 225,804.83 417,782.54
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
CSFMO (void)Reissued ck # 113732
Issued to Description
A Equipment (void) Reissued ck # 113730
Sierra Display (void) Reissued ck # 113733
TOTAL
Fund Description
48
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59
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Jonathan Wittwer DIRECTOR: John Cherbone
Assistant City Attorney
SUBJECT: On-going Designation of City Engineer
RECOMMENDED ACTION:
Approve Resolution Confirming the On-going Designation Regarding the City Engineer.
REPORT SUMMARY:
The City Engineer is the person designated by the City Council as being responsible for the duties
to be performed by the City Engineer. This Resolution confirms the ongoing designation of the
Public Works Director as the person responsible for the duties to be performed by the City
Engineer. In the event that any Public Works Director is not a licensed engineer, the Public
Works Director will designate in writing one or more City employees or City contractors duly
licensed as an engineer to carry out the duties to be performed by the City Engineer.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Public Works Director will compose letter(s) designating one or more city employees or City
contractors to perform the duties of City Engineer.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
60
ATTACHMENTS:
Attachment A – Resolution Confirming the Ongoing Designation Regarding the City Engineer.
61
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONFIRMING THE ONGOING DESIGNATION
REGARDING THE CITY ENGINEER
WHEREAS, the City Engineer is the person designated by the City Council as being
responsible for the duties to be performed by the City Engineer; and
WHEREAS, the Public Works Director has had the ongoing responsibility for the duties
to be performed by the City Engineer and the delegation thereof with the knowledge and consent
of the City Council; and
WHEREAS, holding a engineering license is not a mandatory qualification to hold the
position of Public Works Director; and
WHEREAS, the Public Works Director may designate one or more City employees or
City contractors licensed as engineers, to carry out the duties to be performed by the City
Engineer.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
1. The City Council hereby confirms the ongoing designation of the Public Works Director
as the person responsible for the duties to be performed by the City Engineer; and that
2. The Public Works Director may designate in writing one or more City employees or
contractors duly licensed as an engineer to carry out the duties to be performed by the
City Engineer and shall do so in the event that the Public Works Director is not a licensed
engineer.
PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 18th day
of November 2009 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Page
Mayor
ATTEST:
____________________________________
Ann Sullivan
City Clerk
62
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Kristin Borel DIRECTOR: John Cherbone
Public Works Analyst Public Works
SUBJECT: Citywide Signal Upgrade Project – Agreement for Professional Design Services
RECOMMENDED ACTION:
1. Approve Independent Contractor Agreement with Mark Thomas & Company Inc.
2. Authorize the City Manager to execute the same.
3. Authorize the Public Works Director to issues change orders for up to 25% of the Agreement
amount.
REPORT SUMMARY:
Background:
The Public Works Department has applied for and received CDBG grant money for the Citywide
Signal Upgrade Project. We plan to update existing signals with audible signals for the visually
impaired. The City plans to install a “vibrotactile” type of pedestrian signal. While a pedestrian’s
hand is on the pushbutton the device gives the pedestrian a vibration when the WALK signal is
on. This is an unobtrusive means of providing the visually impaired with 100% confidence that
the WALK light is on.
While inspecting the intersections to be upgraded it was noted that ADA design improvements
were needed at the majority of the intersections including, improving slopes, widening ramps,
and aligning the path of travel to the improved ramps. The decision was made to put out a RFP
to select a consultant to design improvements for all fifteen intersections and then have the
designs available for construction bidding at a later date.
Discussion:
In October 2009, the Public Works Department solicited bids for design services for the design
and construction drawings for Citywide Signal Upgrade Project. Nine companies responded with
cost proposals for the requested services. Bids ranged from $45,447 to $161,400. The lowest bid
in the amount of $45,447 was submitted by Mark Thomas & Company, Inc. They have a good
reputation and a successful track record for bringing projects to completion within estimated
timelines.
63
Page 2 of 2
After reviewing the proposal, staff is requesting that a 25% contingency be approved for this
project, bringing the total costs to $56,800. Some costs could not be determined until the actual
field work is done and staff is anticipating that surveying and additional ADA ramps may be
required. Even with this higher contingency, the amount is still lower than the second lowest bid
that the City received.
Therefore staff recommends that the Council approve the Agreement with Mark Thomas &
Company, Inc. and authorize the City Manager to execute the same.
FISCAL IMPACTS:
The CIP contains sufficient funds for the design services for the signal project and will be
reimbursed through the CDBG grant money.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Contract will not be executed and design for the signal project will not be developed at this
time.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The Agreement will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. RFP
2. Consultant Proposal
2. Independent Contractor Agreement
64
C C I I T T Y Y O O F F S S A A R R A A T T O O G G A A
)58,79$/( $9(1 8( Ã 6$5$72*$, &$ 00 Ã :::.6$5$72*$.&$.8 6
Incorporated October 22, 1956
COUNCIL MEMBERS:
Jill Hunter
Kathleen King
Howard Miller
Susie Nagpal
Chuck Page
October 9, 2009
Subject: Request for Proposal to Provide Professional Design Services for the Citywide Accessible
Signal Upgrade Project
To Whom It May Concern:
The City of Saratoga, pursuant to Municipal Code section 245.140, is requesting proposals from
qualified consulting professionals experienced in the planning and design of intersection for ADA
compliance including upgrade of the existing pedestrian pushbuttons to Accessible Pedestrian
Vibrotactile Pushbutton Systems. The successful consultant shall perform the tasks as listed in the
Project Description.
SUBMISSION DEADLINE
In order for your proposal to be considered, submit two (2) copies to:
John Cherbone
Public works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 8681241
(408) 8681281 fax
Submission deadline: Wednesday, November 4, 2009 at 5:00 p.m.
For more information visit the City’s website at www.saratoga.ca.us and look under “Services” for
RFP’s and Bids
65
2
PROJECT DESCRIPTION
The City of Saratoga has developed a plan to update 15 City owned traffic signal intersections with
audible signals for the visually impaired and handicap ramps. The City plans to install a “vibrotactile”
type of pedestrian signal. The device gives the pedestrian a vibrotactile signal (vibration) when the
WALK sign is on. The product to be used will be the Polera Navigator 2 Wire Push Button Station and
Polera Navigator 2 Wire Central Control Unit.
The City has received Community Development Block Grant Funds for the design and installation of the
improved pedestrian signal buttons.
The desired project improvements that shall be designed include but are not limited to:
Intersection Improvements:
· ADA Compliance
· Ramps in accordance to Caltrans Standard Plans May 2006
· Path of travel
· Slope
· Signage and striping
· Stand alone poles for pedestrian push buttons
· Signal modifications if needed
The consultant’s services required by the City shall include, but not limited to, the preparation of, cost
estimates, and construction design plans as follows:
1. Construction Design Phase
· 50% Civil Design Plans and Specifications
· 90% Civil Design Plans and Specifications
· Final Civil Design Plans and Specifications
66
3
PROPOSAL REQUIREMENTS
1. Background: Provide a description of your firm’s background and relevant qualifications. This
shall include a description of experience on any related projects. Also, provide the following
information:
a. The location of the offices where the work is to be performed. If the work is
to be shared among firms and offices at different locations, indicate where
each office is located and what work is to be performed in each office; and
b. A summary of the work to be performed by each sub consultant firm proposed for the
project.
2. Related Experience: Provide a list of similar projects that your firm has completed in the last
five years. For each project, include the name and phone number of the Client.
3. Staff Experience: Provide resumes describing the qualifications of the staff that will be
working on this project. The City is interested in similar type projects completed by staff in the past five
years.
4. Organization Chart: Show the proposed relationships between the key personnel and support
staff who are expected to participate on the project, showing which aspects of the work each person will
be responsible for performing.
5. Listing of Sub consultants: List all sub consultants to be used for this project. The City reserves
the right to approve or reject the use of any such sub consultants.
6. Cost of Providing Services: Please include cost for providing services as described in the Project
Description.
7. Proposal Format: The entire Proposal is to be limited to 50 pages (8 ½ X 11”, singlesided)
maximum.
Where this Request for Proposal does not adequately define or include the tasks required
providing complete professional services, and then describe your recommended additional services and
programs.
67
4
CITY’S RESPONSIBILITIES
1. Provide the consultant with any existing site information on file.
CONSULTANT SELECTION PROCESS
The City will review all proposals. It is intended that a short list of consultants to be interviewed will be
developed based upon the review of the proposals. A consultant will be selected following completion of
the interviews.
If you have any questions, please call me at (408) 8681241.
Sincerely,
John Cherbone
Public Works Director
City of Saratoga
68
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PROPRIETARY TO POLARA AND SHALLWITHOUT WRITTEN CONSENT OF POLA
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OR DISCLOSED IN WHOLE OR IN PAR
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INFORIMTION ON THIS DOCU~ENT IS PROPRIETARY TO POLAR-' AND Stw.L NOT BE USED. COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT OF POL.ARA. REV
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Street Cross Street
1 Fruitvale Avenue Allendale
2 Prospect Road Miller Avenue
3 Quito Road Allendale Avenue
4 Quito Road Pollard Road
5 Saratoga Avenue Bellgrove Circle / Vineyard Lane
6 Saratoga Avenue Cox Avenue
7 Saratoga Avenue Dagmar Drive
8 Saratoga Avenue Fruitvale Avenue
9 Saratoga Avenue Scotland Drive / Audry Smith
10 SaratogaSunnyvale Road Blauer Drive
11 SaratogaSunnyvale Road Cox Avenue / Wardell Road
12 SaratogaSunnyvale Road Herriman Avenue
13 SaratogaSunnyvale Road Pierce Road
14 SaratogaSunnyvale Road Reid Lane / Gerald Zapelli Court
15 SaratogaSunnyvale Road Seagull Way
Saratoga Owned Signals to be Upgraded
72
73
OFFICES
Cupertino
Fresno
Pleasanton
Sacramento
Salinas
Son Jose
Son'Maleo
Counly
Walnut Creek
MARK THOMAS & COMPANY, INC.
Providing Engineering, Surveying and Pfanning SelVices
November 4th
, 2009
Mr. John Cherbone
Public Works Director
CITY OF SARATOGA
13777 Fruitvale Avenue
Saratoga, CA 95051
SJ-09853
RE: PROPOSAL FOR DESIGN SERVICES -CITYWIDE ACCESSIBLE SIGNAL UPGRADE PROJECT
Dear Mr. Cherbone:
We are excited about working with the City of Saratoga once again and being a part of your
program to improve pedestrian and signalization improvements throughout the City. We know that
the design of the improvements you are contemplating at these intersections will involve numerous
factors beyond updating of the existing traffic signal equipment. Accordingly, we reviewed each
intersection location to gain a full appreciation of the improvements we feel are needed to meet
current ADA requirements.
Typically, most firms proposing on this type of project would require a civil engineer and traffic
engineer to design the proposed improvements. Mark Thomas will bring a distinctive
advantage to the City by using an in-house team of surveyors, engineers, and designers that
have completed numerous traffic signal projects throughout Northern California. Our ability to
do both the civil design and traffic signal design elements, without the need for other
subconsultants, will serve the City well in meeting the aggressive delivery schedule for this
project.
THE MANAGEMENT TEAM
To compliment this important distinction, I have assigned Mr. Michael Fisher, a registered civil
engineer with more than 16 years of experience, to lead our team as Project Manager. Michael
not only has the traffic signal design experience you need, but has demonstrated experience in
the design of roadway improvements including utility coordinations, drainage deSign, and most
importantly working with property owners. His "hands-on" work ethic has led to the successful
completion of our traffic signal projects.
As Principal-in-Charge, I will bring more than 30 years of planning, designing, and managing
hundreds of projects that have included similar roadway and traffic signal improvements. My
involvement will ensure delivery of the project to the City within the timeframes stipulated in
Corporate Headquarters
1960 Zanker Road San Jose, CA 95112
www.markthomos.com Tel: 1408) 453-5373 Fax: 14081453-5390
74
Mr. John Cherbone Page 2 November 4, 2009
your request for proposals. Together, Michael and I will commit our experience and energies to
addressing the issues we have determined are critical to delivering this project on time and within
a reasonable budget.
CONCLUSION
In the following pages, you will be able to review the qualifications of our respective Team
Members and other information requested in your RFP. Please call on Michael Fisher or myself
at (408) 453-5373 if you have any questions regarding the content of this proposal. We both
look forward to working with you.
Sincerely yours,
MARK THOMAS & COMPANY, INC.
Jimmy W. Sims, PE
Principa I-i n-Charge
Michael Fisher, PE
Project Manager
75
Background
Mark Thomas & Company, Inc. (MTCo) is a California based corporation that provides consulting
engineering services throughout the state, with a particular emphasis in the Bay Area. Our corporate
headquarters is located in San Jose and we also maintain eight (8) other branch offices located in
Cupertino, San Carlos, Walnut Creek, Pleasanton, Sacramento, Fresno, Irvine, and Salinas. Our
project team will be working from our local San Jose office, which is just minutes from the City of
Saratoga's offices.
Since 1927 our firm has grown to provide our clients with exceptional services through a team of more than 200 full-
time professionals. Our record of successfully delivering transportation projects has maintained and increased our
list of repeat clientele who now provide the company with 80% of our workload. As a result, MTCo has been able to
not only maintain staff levels, but has consistently recruited new talent over the past five years, helping to ensure our
ability to respond to client needs with qualified professionals knowledgeable in current standards and practices.
Our projects typically involve a multi-disciplinary approach that effectively utilizes our in-house disciplines. We
strongly practice "hands-on" management at every level of project development as we implement our work plans,
engage resource and permitting agencies, and provide support during the construction phase.
Key Services -MTCo routinely provides a wide range of services to our
clientele in the following areas:
• Traffic Engineering -Signal Design (new and modification to
existing), Ramp Metering, Street Lighting Design, Signing and
Striping, Bicycle and Pedestrian Facility Design
• Roadway Design -Street and Intersection Improvements, ADA
Compliance Analysis and Design
• Surveying and Mapping -ALTA, Boundary, GPS, Topographic
Survey, Right of Way Engineering, Record Maps & Legal
Descriptions
The Mark Thomas Team
Having managed many local roadway,
intersection, and traffic signal design
projects, we bring solid leadership skills
and a record of accomplishment. ..
• Project Management
• Roadway Design
• Traffic Signal Design
• Drainage Design
• Signage I Striping
• Surveying
The Right Team to Meetlhe Challenges olthe City's On-Call Traffic Engineering Projects
MTCo's capabilities are well-matched to meet the needs of the projects that the City of Saratoga is contemplating.
Having managed many local roadway, intersection, and traffic signal design projects, we bring solid leadership skills
ccc c________ and an extensive record of accomplishment. MTCo will perform traffic
engineering design services for the City's Citywide Accessible Signal
Upgrade project. Services will include traffic signal design, signing and
striping design, ADA compliance analysis, and pedestrian crosswalk and
bicycle lane planning and design. Our Project Manager, Michael Fisher, will
be the single point, day-to-day contact for all tasks assigned. He will manage
and direct!he overall efforts of the team, coordinate and supervise interaction
of all team members, making sure their efforts are fully integrated with in-
! house engineers and designers. He will ensure the overall project schedule is
being adhered to and critical milestone dates are met on time and within
budget. Additionally, he will represent the design team at all technical and
public workshop meetings and will be part of the presentation team in
performing public outreach services.
76
Jpc.ling & Approach
PROJECT UNDERSTANDING &ApPROACH
The City of Saratoga wishes to retain a design consultantto provide professional engineering services including ADA
recommendations based on funding and priority of the preparation of plans, specifications and bid documents for the
modification of various traffic signals and ADA facilities at 15 different intersection locations within the City including
pedestrian heads, PPB's, curb ramps, slope, and pavement delineation modifications. We understand that budget
may be an issue, so we intend to prioritize locations to meet budgetary requirements.
In House Expertise Saves Time and Money -MTCo brings a distinctive advantage to the project by performing civil
design, field surveys and traffic signal design in house. This allows the Project Manager to manage all aspects of the
project in-house, resulting in better internal communication and increased responsiveness to the City's needs. From
the onset, the City will reap the benefit of having a team that has worked efficiently on projects similar to yours. This
will help to bring the project to construction on time and within budget.
Practical Solutions -MTCo believes in delivering a final project with practical solutions. MTCo will begin with the
early identification of project challenges and development of design alternatives that will streamline the preliminary
design process. This approach allows expeditious processing and documentation of the design process and final
decisions to be made by the City.
CHALLENGES & OPPORTUNITIES
MTCo visited the project site. Based on our experience and expertise, the following issues have been identified for
this project:
Signal Design -Traffic signals will be analyzed for features including the existing equipment functionality, missing
equipment, ADA standards, stand alone poles for pedestrian push buttons, location benefit from countdown
pedestrian heads or audible pedestrian signals, etc. Equipment can be upgraded to add clarity and increase
functionality for users as shown in the photo below.
ADA Design -In addition to upgrading the signal equipment, using state of the art vehicular, bicycle, and pedestrian
equipment, it is critical to integrate ADA compliant practices in all aspects of the design including curb ramps, slopes,
and path of travel. This is an area in which MTCo excels having assisted many municipalities and Caltrans analyze
and achieve ADA cornpliance on both new construction and retrofit projects. MTCo's experience will be invaluable in
assessing and then prioritizing ADA requirements throughout the project sites. The photos on the following page
show situations where slopes, landing areas behind ramps, and clear path of travel do not meetADApractices.
77
iJjding & Approach
Survey" MTCo's in house survey department is available to identify existing conditions including ADA slopes,
conforms, existing utility locations, and existing features such as trees and driveways.
MissingADAand/or Pedestrian Facilities" FamiliaritywithADAstandards is critical forthis project. In some cases
pedestrians are accommodated, but no ADA facilities are present (see photo below right). In some cases there is a
pedestrian signal and no pedestrian walk path (see photo below left). This demands interpretation based on
experience. -....
Signage and Striping " MTCo has extensive knowledge in signage and striping design standards having
incorporated these features into past projects for Caltrans and various cities. Intersections will be analyzed to ensure
that the existing sign age and striping is laid out in the most efficient manner to promote pedestrian safety. Some
locations have signs that are an obstruction to pedestrian signal heads (see photo below left). In addition, where
possible, MTCowililookatpossiblestriping for bicycle lanes.
78
;:;c()pe of Services
TASK 1 -PROJECT MANAGEMENT
1.1 Project Management
MTCo will monitor the project budget and schedule, manage and supervise in-house staff; implementing the QAlQC
program; and attend and participate in project meetings.
MTCo will obtain any additional as-built information available through the City, including right-of-way mapping,
adjacent landowner's information, utilities, traffic data (inc[uding accident records) and other appropriate information.
Any availab[e survey data and site mapping will also be acquired and reviewed. This information will be the basis for
the initial mapping.
1.2 Coordination/Status Meetings
MTCo will coordinate regular ProjectTeam meetings for the project; a total of three (3) meetings are assumed. We
will be responsible for preparation and distribution of meeting agendas, preparation of updated CPM schedules,
conducting the meeting, and preparation of meeting minutes. MTCo will also coordinate with PG&E, utility
companies and City utility departments as necessary.
Site Visit -A preliminary field review will be conducted to review the intersection. [t is anticipated that the review team
would consist of MTCo, and City staff.
1.3 Kick-Off Meeting
MTCowili conduct a kick-off meeting in which the following elements will be covered:
Introduction ofthe Team CPM Schedule
City Requirements
ManagementApproach
Key Staff Ro[es and Responsibi[ities
TASK 2 -SURVEY
2.1 Topographic Field Surveys
Project De[iverab[es
City Process
Coordination with City Staff for design input
Fie[d surveys will be performed to provide elevations of existing non-ADA-compliant
handicap ramps on designated intersections in Saratoga. The sketch at right indicates
where elevations will typically be located on each ramp to be surveyed. We are providing
only two field days to perform the survey. This may not be enough time to survey all ramps. [t
is estimated that we can visitfourto six or so intersections in a day.
Trigonometric survey techniques will be used to provide the elevations and locations --'k--'-""-
sketched above and elevations and coordinates wil[ be assumed. There will be no
correlation between the coordinates of ramps from different intersections. ---,j-. ----..;00'0'---:':---•
TASK 3 -PRELIMINARY DESIGN
3.1 [nitial Study and Recommendation
•
MTCo will prepare an initial study using the spreadsheet provided by the City. MTCo to review the site during a one
day meeting with City staff present. Direction to be discussed and agreed upon regarding each site during this a[[ day
meeting. MTCo to summarize the findings and recommendation in an initial study report. The study may include
prioritization recommendations.
79
iCOIDe of Services
3.250% Preliminary Plans
MTCowili prepare the preliminary 50% plans and estimate for conceptual review and approval by the City.
MTCo will meet with City staff to discuss alternatives regarding the design. Alternatives will be discussed with City
staff using exhibits and project direction will be achieved at the time of the meeting or at a site review with City staff.
The project is anticipated to include visible and audible pedestrian signals, pedestrian push buttons and curb ramp
improvements. As the budget is not anticipated to be sufficient to address all of the recommended improvements on
all 15 signal locations, this proposal is based on an assumed maximum of 10 ramp improvements as the limit of
concrete work for the project.
TASK 4 -FINAL DESIGN
4.1 90% Draft PS&E Submittal
The PS&E packages developed under this task shall be submitted at 90% and Final stages of completion. The intent
of this draft submittal is to allow city staff to review and comment priorto final bid documents.
This submittal is defined as the 90% plans, technical specifications and engineers estimate. All elements of the plans
shall be included in this stage, including signal design as shown below:
Description: Scale: # of sheets
Title Sheet 1" = 200' 1
Construction Details 1"=10' 2
Traffic Signal Modifications 1" = 20' 15
Total # of Sheets 18 sheets
Quantity take-offs and construction cost estimates will be based on the Caltrans standard measurement and
payment provisions, and as modified by the City.
Technical specifications will be prepared in accordance with City standards.
4.2 Final PS&E Submittal
Final PS&E submittals will incorporate City's comments from previous submittals. The "Final" set shall include the
construction plans, specifications and construction cost estimated the construction plans, specifications and
construction cost estimate.
ASSUMPTIONS
• Four meetings total
• Design to be shown on aerial
• Survey to determine local elevation differences (not on documented datum)
• City to provide intersection as-builts
• Plans will not show entire as-built data
• Bid Support not included
• Construction Support not included
• Drainage design available as additional work
• All intersections to be included as one bid package
80
Schedule
The following schedule depicts important milestones for the City of Saratoga's Citywide Accessible Signal
Upgrade Project.
MILESTONES DATES DURATION
Notice to Proceed November 16, 2009 1 Day
Kick-off Meeting November 18, 2009 1 Day
Site Walk November 18, 2009 1 Day
Survey November 25, 2009 2 Days
50% Plans January 15, 2009 4 Weeks
City Review February 1, 2009 2 Weeks
90% Plans March 1, 2009 4 Weeks
City Review March 15, 2009 2 Weeks
Final Plans April 1 , 2009 2 Weeks
81
This $110M Phase 1 project will construct a new interchange at 1-580
between Airway Boulevard and Portola Avenue. Mark Thomas and
Company, (MTCo) is responsible for preparing the Project Report and
Environmental Document (PRIED) and the Plans, Specifications, and
Estimate (PS&E) documents for this major transportation improvement
project.
MTCo was responsible for the planning and design of more than three
miles of roadway improvements; traffic system improvements, including
stage construction; traffic handling; signing and striping; four new traffic
signals and two traffic signal modifications. Traffic signal designs will
adhere to the latest Cal trans specifications and standards.
MTCo managed the efforts of Dowling Associates, Inc. (Dowling) who
performed traffic forecasting and operations analysis tasks for this
proposed new interchange. Dowling prepared 2005 and 2025 land use
data based on the 2010 Tri-Valley Model, Projections 98 land use data,
and prior modeling efforts by the City of Livermore focused on the North
Livermore area. The traffic operations analysis involved calculating level
of service for freeway and surface street components of the network, as
well as creating a CORSIM model to evaluate freeway operations.
The Route 238 Corridor Improvement Project will improve more than five
miles of streets through urban areas and includes signal installation and
modification, intersection improvements, pedestrian-activated signals,
street widening and realignment, sidewalk reconstruction, and
landscaping.
The MTCo team developed an innovative "mini loop" concept that will
reconfigure an existing five-legged intersection and convert three major
roads in downtown to one-way streets. This solution will increase the
capacity of the existing roadway network and improve pedestrian and
bicycle mobility while minimizing Right of Way acquisition. In addition,
MTCo assisted the City of Hayward in preparing presentation materials
for numerous public meetings on this highly controversial project.
MTCo managed the efforts of Dowling Associates, Inc., who prepared the
travel forecasts, traffic operations studies, and congestion management
alternatives analyses. MTCo also created computer-generated models
of the proposed improvements and superimposed them on existing
photographs to illustrate circulation and aesthetic improvements to the
public. MTCo is currently leading a multidisciplinary team for the PS&E
phase of this project. Construction is scheduled for March 2010.
82
Under this task order, MTCo engineers performed field investigation
and assessment for State-owned pedestrian facilities for compliance
with the latest American DisabilitiesAct (ADA) requirements. More than
150 sites involving park and ride facilities, vista points, safety roadside
rest areas, pedestrian overcrossings, and pedestrian undercrossings
throughout District 4's nine counties were evaluated. Caitrans Design
Information Bulletin (DIB) 82-03 was used as guideline for the
compliance checklist which involves 18 design standards. In addition,
MTCo engineers developed corrective measures and cost estimates to
upgrade the non-compliant sites. The evaluation process and templates
for recording ADA compliances developed by MTCo are being used as a
model to other Districts in the State.
Under a separate task order, MTCo performed ADA site assessment for
sidewalks and intersections along Route 13 (Ashby Avenue) between 1-
80 and Domingo Avenue in the City of Berkeley. A total of 38
intersections and approximately 6.5 miles of sidewalks were evaluated
in an aggressive completion schedule. MTCo developed correction
measures and cost estimates to upgrade these facilities to standard.
The City of Seaside Auto Mall Revitalization project soughtto improve the
economic viability and image of the existing Auto Center District by
reconstructing and upgrading the existing roadway systems and
improving internal circulation forthe auto dealerships.
Roadway improvements for all the internal circulation streets of the Auto
Center included replacing the stamped concrete roadway with a standard
roadway structural section, standard curb and gutter, and new monument
icon tower at the circular intersections.
Improvements to Fremont Boulevard and Del Monte Boulevard, the two
Auto Center exterior roadways, included new and existing traffic signal
modifications and lighting and signing upgrades, complete
reconstruction of internal streets, and enhancing all of the major
entrances to the center with layered landscaped gateways, planterwalls,
and auto display areas.
83
MTCo was responsible for the widening of the Mathilda Avenue
Overhead Bridge across the Caltrain tracks, realigning and down-
grading Evelyn Avenue from a four-lane to a two-lane facility, and
adding a loop off-ramp from southbound Mathilda to Evelyn.
Improvements also included the design of one new traffic signal and the
modification of two existing signals, new street light design, and design
of pedestrian ramps to meet ADA requirements, including connector
ramps and sidewalks.
The improvements made to Mathilda and Evelyn Avenue connectors
will facilitate traffic movement to and from the downtown area, which
was identified as a gateway to downtown Sunnyvale as part of the
Downtown Specific Plan.
This project proposes a modification and reconfiguration of the existing
Union City BART Station, to allow integration of a future passenger rail
station serving Capitol Corridor and future Dumbarton Commuter Rail. As
part of the ROMA Design Group team, MTCo was involved in the final
design of the Union City Intermodal Station, Phase 1 project and
prepared the PS&E packages for the Site Contract and the Station
Contract. Access for all modes of transportation will be improved -
pedestrians, bicyclists, vehicles and transit. Design elements included:
• New traffic signal atthe main Bart entrance
• New pedestrian crosswalks (2) with in-roadway warning lights
• New access roads from Union Square and Decato Road for
pedestrians, bicyclists, vehicles and transit.
• Enhancements to the BART entrance by creating a new
pedestrian walkway/plaza in front of the station with pavers,
large trees, landscaping, monumental signage, pedestrian
lighting, slope treatment of the existing BART berm and providing
pedestrian access with decorative walkways directly from
Decoto Road and the future six-acre Avalon Bay housing
development project located adjacent to BART Station.
84
lat:ed Experience
Our team has worked with numerous Cities throughout California. We are familiar with various City standards and
experienced in working with City staff to achieve their goals.
Mark Thomas also has extensive experience with ADA conformance, new traffic signal design, modifications to
existing traffic signals, and pedestrian safety enhancement projects. In the table below we have highlighted similar
projects completed and constructed within the past two years. In addition, we have also listed some of our in-house
traffic signal projects currently in the design phase.
'1111-. . .... ' •• .,. 1
Mathilda Avenue Bridge
Rehabilitation PS&E,
Isabel Avenue (Route
84)/1-580 Interchange
Livermore
Tennant Avenue/Route
101 Interchange
Hill
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:lIIt ,
'-.-
85
,Ia:ted Experience
We pride ourselves on maintaining strong relationships with our clients. In the chart below, we have listed references
for our Project Manager. We are confident that you will be met with positive feedback on Mr. Fisher's performance.
City of Livermore
City of Seaside
City of Sunnyvale
City of Morgan Hill
Santa Clara Valley
Transit Authority
Isabel Avenue (Route
84)/1-580 Interchange,
PAlED, PS&E
Auto Center Revitalization
PS&E
Mathilda Avenue Bridge
Rehabilitation PS&E
Tennant AvenuelRoute
101 .interchange
Modification, PSRlPR
SR 85/87 & US 101
Metering Study 2008-2009
Roberto Escobar
Associate Civil Engineer
City of Livermore
1052 S. LivermoreAve
Livermore, CA 94550
(925) 960-4532
Diana Ingersoll
Director of Public Works
City of Seaside
440 Harcourt, CA 93599
(831 )899-6825
Manny Kadkhodayan
Senior Engineer
City of Sunnyvale
PO Box 3707
Sunnyvale, CA 94088
(408) 730-7430
Julie Behzad
Senior Civil Engineer
City of Morgan Hill
17555 Peak Ave
Morgan Hill, CA 95037
(408) 778-6480
David Kobayashi
Transportation Engineer
Santa Clara Valley Transit
Authority
3331 North First Street,
Building A
San Jose, CA 95314
321-5678
86
Principal-In-Charge
,
i Jimmy Sims, P.E.
I MARK THOMAS & COMPANY
John Cherbone
blic Works Dir~!r.tnrl
City of Saratoga
Project Manager
Michael Fisher, P.E.
MARK THOMAS & COMPANY
KEY STAFF PROFILES AND AVAILABILITY
JIMMY SIMS, P.E., PRINCIPAL-IN-CHARGE
Jimmy has more than 28 years of experience in the planning and design of transportation, local
roadways, and public works projects. He has managed the planning, design and construction of
more than $500M of roadway and site improvements for Cities and Agencies throughout
Northern and Southern California. He has extensive working knowledge of roadway design,
drainage design, signal design, signing and striping, bike facility design, specification writing
and construction man~gement. Over the course of his career he has developed his
communication skills through his project experiences and through his 10-year tenure as a
Planning Commissioner.
MICHAEL FISHER. P,E., PROJECT MANAGER
Michael is a project manager with more than 16 years of experience in roadway and traffic
signal design, Hehas wqrked on diverse types a/projects from a single signal modification to a
complete corridor reconstruction to accommodate a new light rail transi\system. His
experience includes ov¢r 60 traffic signal designs including signalized urban interchange;
signals adjacenttorailro~d and light rail transit systems; temporary signal placement for stage
construction; and related work as alternative detection devices and signal communications
systems. He is fanli1iar iwith State of California standards, as well as many municipalities
throughoujCalifornia. [ ,
BRIAN PANTALEON, P.E., TRAFFIC SIGNAL DESIGN
Brian has more than lQ years of experience in civil engineering design with an emphasis in
. transportation design. His responsibilities include, but are not limited to technical design of
rOadway and drElinage p(ojects. He has extensive experience in transportation design projects
for various agencies which involves traffic signal design, geometriclayouf design, stage
construction,and construction estimating. He is highly knowledgeable in applying the
appropriate design standards on transportation projects.
TOMMY CHO, P.E., TRAFFic SIGNAL DESIGN .
Tommy has more than ~ine years of experience in muniCipal and transportation engineering.
His experience include~ local roadway and intersection improvement. drainage and utility
design, traffic signal design, parking facilities, construction staging, andADAcompliance.
i .
VINCENT LUCHESSI, P.E., TRAFFIC SIGNAL DESIGN '. .
Vincent has morethan five years of experience in municipal and transportation engineering. He
has served as design engineer on numerous projects. involving traffic signal and lighting
systems design. Hjs e¥perience includes local roadway and intersection improvements.
geometric design, drainage design. utility coordination and the preparation of plans.
specifications and estimates.
PETER TRINH, E.I. T., TRAfFIC SIGNAL DESIGN
Peter has more than twd years of experience in municipal and transportation engineering. He
has served as design engineer on projects including local roadway and intersection
improvements. His experience includes geometric design, drainage design, utility coordination
and the preparation of plans, specifications and estimates.
JULIAMACRoRY, P.L.S.,SURVEYMANAGER
Julia has more than 16 years experience in the land surveying profession. She has extensive
experience managing bQth office and field survey crews for large-scale public works and state
roadway projects as well as commercial and private land development projects. As Survey
Manager she is responsible for producing and/or supervising the production of various types of
mapping products, topographic surveys, ALTA surveys, and plats and legal descriptions as well
as reviewing title reports and preparing maps in various Northern California Counties.
87
Principal-In-Charge
QLialificl\tions Summary
Jimniy has more than 28 years of experience in the planning and design of
transportation, local roadways, and public works projects. In that time,he has managed
the planning, . design and construction of more than $500M. of roadway and site
· irnprovementsfor Cities and Agencies throughout the state. Additionally, . based on
firsthand experience of a wide yarietyofprOjects,he hasa strong understanding of the
transportationqhallenges and priorities of !:lay Area.cities and cOmmunities.
II forthisproject, an9as Regi.onal Division Manager bfMark
, i~~~h~~:~~~'~~~;'~ J::;i1nmYWillensurethatappropriateresources are COmmittE)d to p.11~Jm~ re timely executionforthe Cityof$fjrat6ga. . .
I REPRESENTATIVE EXPERIENCE
Isabel Avenue (Route 84)/1-580 Interchange PRIED PS&E, Livermore, CA
Project Manager responsible for a new interchange project serving the City of Livermore's
western area. Responsible for preparation of Caltrans-oriented Project Report,
Environmental Document, and PS&E documents for the interchange and local roadway
improvements along Portola Avenue (one mile, four lanes), East Airway Boulevard (one
· mile, two lanes), and Constitution Avenue (0.5 miles, two lanes). More than $9M of utility
· relocations involved in the project for water, sewer, storm drain, joint trench, and
reclaimed water systems. Permitting from resource agencies such as Fish and Game,
! Army Corp of Engineers, and the RWQCB obtained. Project costs will approach $120M
for Phase I improvements.
Route 238 Corridor Improvements PSRlEIR, Hayward, CA
· Project Manager responsible for preliminary engineering and environmental documentation
'. for more than five miles of existing Foothill Boulevard and Mission Boulevard (Route 238)
between 1-580 and Industrial Parkway. An innovative one-way mini-loop concept is being
designed in downtown Hayward along with eastbound Jackson to northbound Foothill grade
separations. Project costs will approach $90M.
Santa Nella CSPTransportation Improvement Plan, Santa Nella, CA
Project Manager responsible for planning and preliminary design of more than $200M in
transportation improvements involving two interchanges along 1-5 and over 13 miles of
arterial roadways that will support the development of the County's Santa Nella
Community Specific Plan. Lead a multi-disciplinary team in preparing aerial mapping,
traffic forecast and operational analysis, and environmental reviews. Conceptual
alternatives were developed for modifying the existing Route 33/1-5 interchange and a
new interchange at Hilldale Avenue/I-5 in accordance with Caltrans standards. The
widening of Route 33 from two lanes to six lanes was also developed. All improvements
were developed based on 2025 traffic forecasts. Phase 1 of the project will provide capital
improvement costs for use in updating existing Traffic Impact Fee programs. Phase 2 will
involve preparation of PSR documents for the Route 33 and 1-5 interchange
improvements. Phase 3 will involve preparation of plan line alignments for future Right-of-
Way preservation as development occurs within the Santa Nella CSP boundaries.
First Street (Route 84) & Inman Traffic Signal PS&E, Livermore, CA
Project Manager for planning and design of new traffic signal at existing intersection.
Responsible for preparation of PS&E processed through Cal trans District 4 for an
encroachment permit. Landscape median islands were reconfigured and new sidewalks
88
· Principal-In-Charge
REPRESENTATIVE EXPERIENCE (continued)
and drainage systems installed. Also responsible for providing and managing
performance of construction surveys and engineering support during construction.
Construction Costs approached $150,000.
Campus Parkway Phases I & II, Merced County, CA
Project Manager for a new 4.5-mile arterial roadway that will extend from Coffee Street to
Yosemite Avenue. Campus Parkway is a critical element of the Merced Loop System that
will ultimately provide a roadway network to help provide belter access to the new UC
Merced complex and to existing industrial developments located in the Cities of Merced
and Atwater. Responsible for leading a team that included in-house surveyors, roadway
designers, geotechnical, traffic, and electrical engineers in the preparation of Phase 1
PS&E documents, which involve more than one mile of six-lane roadway improvements,
including installation of a traffic signal, underground utility systems (water, sewer, storm
drains), a drainage retention basin and pumping station. Utility coordination for relocation
of overhead power and service to new street lights, pump station, and traffic signal was
performed. Right-of-Way needs were also developed. Construction costs will approach
$50M.
Atwater-Merced Expressway PAlED, Merced County, CA
Project Manager for the planning and preliminary design for more than seven miles of a
new expressway within the greater Atwater-Merced area. Responsible for leading a multi-
disciplinary team of in-house roadway engineers and subconsultant specialists
performing environmental technical studies, traffic engineering, geotechnical
investigations, and hydrology analyses in developing and screening alignment
alternatives through a detailed comparison matrix using GIS database information
provided by the Merced County Association of Governments (MCAG). A Draft and Final
Project Report will be prepared accompanied by a Draft and Final EIRIEIS document.
Project costs are expected to reach more than $250M.
Whipple Road Sidewalk Improvements PS&E, Union City, CA
Project Manager for the preparation of conceptual and final PS&E documents for this
sidewalk reconstruction project. Responsible for design of retaining walls, utility
coordination, and construction staging. Project included design of new curb and gulter,
curb returns, driveways, sidewalks, and wheelchair ramps to comply with the latest ADA
requirements.
89
Project Manager
Qualifications Summary
Michaelis a proven Project Manager who brings more Ihan.16 years of transportation
experience, with apartic;ular emphasis in traffic signal design,to this position. His
. background encompasses a diverserange of projects, from a single signal modification
to il complete corridor re.c()nstructionto accommodate a neW lightrail transit system .. His
experience includes over .60 . traffic signal qesigns .. including signalized urQan
interchange; signals adjacent to railroad and light railjr<jnsitsystems; temporary signal
placement for stage construction;and related work as alternative detection devices and
signal communications systems. Heiswell-versed in the State of Californiastandards,
as well as the standards of numerousmunicipalitiesthroughoulnorthern California.
REPRESENTATIVE EXPERIENCE
Isabel Avenue (Route 84)11-580 Interchange, PAlED, PS&E, Livermore, CA
Project Engineer responsible for the planning and design of four new traffic signals and
two traffic signal modifications. Also responsible for the design of four new ramp meters,
freeway signing, ramp lighting, and local roadway lighting. In addition, responsible for
drainage design including drainage plans, profiles, details, quantities and drainage
report.
Auto Center Revitalization PS&E, Seaside, CA
Project Engineer responsible for the design of two new traffic signal locations and two
traffic signal modifications on local streets as part of a major retail redevelopment project.
MathildaAvenue Bridge Rehabilitation PS&E, Sunnyvale, CA
Project Engineer responsible for electrical work for major renovation of the primary entry
point from the north part of Sunnyvale and Route 101, to the large-scale downtown
. renovation project. Electrical work includes three traffic signal modifications and one new
traffic signal, including interconnect. Lighting was designed to downtown Sunnyvale
standards, and includes 110 double luminaire decorative poles. Lighting analysis was
I performed usingAGI software. Lighting will be a key feature which will define the area.
BART Intermodal Transit Facility PS&E, Union City, CA I Project Engineer responsible for traffic signal design for one traffic signal and two
i pedestrian crossing signals. The pedestrian emphasis of this transit-oriented
development area, make pedestrian flow a key design feature. The traffic signal includes
I an all-pedestrian phase .
. 11th Street Enhancement, Union City, CA
I
Project Manager responsible for the planning and preliminary design of one new traffic
signal and for the design of roadway lighting for new roadway. Project lighting included a I 250 car interim BART parking lot, roadway lighting and pedestrian lighting.
1 Route 1 01/TennantAvenue PSR/PR, Morgan Hill, CA
.! Project Manager for $11 million project includes two signal modifications and 2 new ramp
i meters.
I
90
: Traffic Signal Design
Qualifications Summary
Brian has more than 1 0 years of experience in ciYil engineering design with an emphasis
in transportation desig~, His responsibilities include,qut are not limited to technical
design of roadway and drainage projects. He has extensive experience in transportation
design projects for various agencies which involves traffic Signal design, geometric
I~youtdesign,stageconstruction, and construction estimating; H(l is highly
knowledgeable in applying the appropriate design standards on transportation projects.
, REPRESENTATIVE EXPERIENCE
I Isabel Avenue (Route 84)/1-580 Interchange, PAlED, PS&E, Livermore, CA
I Design Engineer responsible for the preparation of two geometric phases for the new
interchange. Provided additional support in the design of four new traffic signals and two
signal modifications and in the development of Right-of-Wayexhibits.
Auto Center Revitalization PS&E, Seaside, CA
· Design Engineer responsible for the geometric layout for the revitalization of the Seaside
· Auto Center. Provided additional support in the design of two new traffic signal locations
and two signal modifications on local streets.
Route 92 Widening & Main Street Improvements PRIED, PS&E, HalfMoon Bay, CA
Design Engineer responsible for preparing the utility and sanitary sewer plans, details,
and quantities. Other responsibilities included preparation of temporary water pollution
control plans and erosion control plans.
Prado Road/Route 1 01 Interchange Improvements, San Luis Obispo, CA
Design Engineer responsible for preparing the Geometric Approval Drawings for a new
: interchange which would provide access to an adjacent proposed commercial
development.
1-280/1-880/Stevens Creek Interchanges Improvements PSR, PAlED, Santa Clara
County,CA
· Project Engineer responsible for preparing conceptual design alternatives for a proposed
Bus Rapid Transit (BRT) lane along Stevens Creek Boulevard. Alternatives include four
at-grade and one grade-separated alternative. Other responsibilities include preparation
ofa preliminary estimate for each alternative.
Montague Expressway/Highway 101 Interchange & 1-680 Interchange PSR/ PDS,
Santa Clara, CA
· Project Engineer responsible for preparing Geometric Approval Drawings for the
modification of an existing full cloverleaf to a standard partial cloverleaf.
i Route 880 HOV Lanes Widening PRIED, PS&E, Santa Clara County, CA I Project Engineer responsible for preparing exhibits for the modification of two frontage
I roads (Barber Lane and O'Toole Ave) along Route 880.
I
I River Oaks Bicycle/Pedestrian Bridge and Trail, San Jose, CA ,
i Design Engineer responsible for preparing the plans, specifications, and estimates for a
i bicycle / pedestrian trail that connects the City of San Jose with the City of Santa Clara
I overthe Guadalupe River.
I
91
Signal Design
G}ualific;ations SlImmary
Tommy has more than 9 years of experience in municipal and transportation
.,n"in".,riii in .. His exp(lrj(lnce includes local roadway and intersection improvement,
nr6iin~'''' and utility design, traffic signal design, parking facilities, construction staging
REPRESENTATIVE EXPERIENCE
Route 880 HOV Lanes Widening, PS&E, Santa Clara County, CA
Design Engineer responsible for the preparation of final plans and estimate for widening 1-
880 to extend the existing High Occupancy Vehicle (HOV) lane system south an
.• additional 4.6 miles from Route 237 in Milpitas to US 101 in San Jose. This $65M project
funded through the State's Corridor Management Investment Program (CMIA) includes
freeway widening, interchange modifications, new traffic signals, retaining walls, median
· barrier, extending an existing slab bridge structure over Hetch Hetchy and updating the
" existing ramp metering system,
BART Intermodal Transit Facility PS&E, Union City, CA
Project Engineer responsible for parking lot design, redesign the underground utilities
and construction staging, He also provides construction support, utility company
coordination, review submittal and prepare construction change order.
Stevens Creek Bridge Replacements at Steven Canyon Road, Santa Clara, CA
Design Engineer responsible for designing horizontal and vertical alignments, retaining
walls, and construction staging plans for the final PS&E preparation of the roadway
components to replace four existing bridges as part of the HBP program.
CaltransADA Compliance Site Assessment, CA
Design Engineer responsible for identified items that do not meet Caltrans Design
Information Bulletin (DIB) 82-02 guidelines on various sites in nine Bay area counties. He
also prepares a construction cost estimate and ease of upgrade each of these items to
· meet the guidelines foreach site,
Auto Center Revitalization PS&E, Seaside, CA
Design Engineer responsible for drainage, sanitary improvement and rehabilitation plan,
utility plan, staging construction and infiltration trench design for the revitalization of the
· Auto Center.
Union Land Shopping Center Parking Lot Modifications PS&E, Union City, CA
Design Engineer responsible for preparing the plans, specifications, and estimates for
, this parking lot modification to maximize the number of parking and to improve the traffic
flowforthe expanding business in this shopping center.
South Town, Vacaville, CA
I Design Engineer responsible for preparing the signal repair/modification plans for an
I intersection due to the construction of a Box Culvert from a subdivision,
I Shoreline Drive/Crow Canyon Road Southwest Corner Widening, and Alcosta/San
: Ramon Valley Blvd Northeast Corner Widening, San Ramon, CA
, Design Engineer responsible forthe preparing the signal plans for these two intersections
: due to widening .
. -!
92
•.. Traffic Signal Design
Qualifications Summary
, ' " '-.
Vincent has more than five years of experience in municipal and transportation
engine~ring,He has served as design engineeron numerous projects, involving traffic
. signal and lighting systems design.· His. experience includes local .. roadwClyand
intersection improvements; geometric design,drainage design, utility coordination and
.' thepreparationbf plans, specificationsand estimates.
REPRESENTATIVE EXPERIENCE
Isabel Avenue (Route 84)/1·580 Interchange, PAlED, PS&E, Livermore, CA
Design Engineer responsible forthe preliminary layout of the roadway lighting system and
the design of five traffic signals on future Route 84 to 1·580 with a new interchange that
provides direct access to the North Livermore area.
Route 238 Corridor Improvements PSRlEIR, Hayward, CA
Design Engineer responsible for the preliminary engineering and environmental
document preparation for the widening of more than five miles of Foothill Boulevard and
. Mission Boulevard between 1-580 and Industrial Parkway. Duties include the evaluation of
i geometric and signal layout alternatives of two intersections that require unique signal
I bridge designs, identification of existing utilities and preparation of relocation alternatives
for utilities, preparation of preliminary geometric layouts and profiles and preparation of
" exhibits to support the preparation of the environmental document.
I Auto Center Revitalization PS&E, Seaside, CA
Design Engineer responsible for roadway improvements atthe Seaside Auto Mall. Duties
included the preparation of signal plans at four locations, layout, profile and site grading .
.. BART Intermodal Transit Facility PS&E, Union City, CA
Design Engineer responsible for design of a pedestrian and bicycle oriented traffic signal
along with the preparation of layout plans, typical sections, signing and striping plans as
well as the design of one traffic signal.
11th Street Enhancement, Union City, CA
Design Engineer responsible for preparing construction drawings and circuit design for
the roadway lighting system.
Stevens Creek Bridge Replacements at Steven Canyon Road, Santa Clara, CA
Design Engineer responsible for designing horizontal and vertical alignments, retaining
walls, and construction staging plans for the final PS&E preparation of the roadway
components to replace four existing bridges as part of the HBP program.
Campus Parkway (Phase II) PS&E, Merced County, CA
Design Engineer responsible for assisting in the preparation of the plans, specifications,
and estimate for a new three-mile segment of major arterial roadway. Campus Parkway
is a critical element of the Merced Loop System that will ultimately provide a roadway
network that will help provide better access to the new UC Merced Campus and to existing
industrial developments located in the Cities of Merced and Atwater. Responsible for the
geometric design of two roundabouts, including alignments, profiles, cross sections, and
the development of the geometric approval drawing. Total estimated construction cost of
Phase II is $50M.
""'I ..
93
c Signal Design
QUalific'ltions Summary
· Peter has more than two years of experience in municipal and transportation
engineering. He has served.as design engineer on projects including local roadway and
intersection improvements. His experience includes geometric design, drainage design,
utility coordination and the preparation ofplans,specifica\ions and estimates. .
REPRESENTATIVE EXPERIENCE
Isabel Avenue (Route 84)/1·580 Interchange PRIED PS&E, Livermore, CA
Design Engineer responsible for layout of roadway lighting system and design of six
traffic signals. Prepared stage construction and traffic handling plans, assisted in the
design of the erosion control and temporary water pollution control plans, as well as
construction details for the project connecting future Route 84 to 1·580 with a new
interchange that provides direct access to the North Livermore area.
MathildaAvenue Bridge Rehabilitation PS&E, Sunnyvale, CA
, Design Engineer responsible for layout of the roadway lighting system and design offour
, traffic signals. Performed analysis of roadway lighting levels using AGi32 Lighting
: Analysis software and prepared a report documenting the results.
•
Auto Center Revitalization PS&E, Seaside, CA
· Design Engineer responsible for roadway improvements atthe SeasideAuto Mall. Duties
included the design of signal plans at four locations .
. ' 1·280/1·880/Stevens Creek Interchanges Improvements PSR, PAlED, Santa Clara
I County,CA
Design Engineer responsible for preparation of typical sections, preliminary geometric
· layouts and profiles as well as exhibits for submittals.
· 1·580 Eastbound HOV/lsabelAvenue Interchange Interface, Livermore, CA
Design Engineer responsible for modifying the typical cross section sheets and assisting
in submittal preparation.
Route 101ITennantAvenue, PS&E, Morgan Hill, CA
Design Engineer responsible for modification of two traffic signals and the preparation of
· the drainage report and design for the project.
Permanente Creek Bicycie/Pedestrian Trail PSRlPR, PS&E, Mountain View, CA
Design Engineer responsible for analyzing alternatives for a bicycle/pedestrian
undercrossing and overcrossing. Prepared plans for the design of the bicycle/pedestrian
trail including geometrics, profile, drainage, utilities, and stage construction. Project was
designed toADAcompliantstandards.
94
Survey Manager
QUalifications SUmmary·
JUliil hilS more than 16 years experience in the land surveying profession. She has
el(tensiveexperience managing both office and field survey crews forlarge~scale public
worksahdstate roadway projects as well as commercial and private land development
projects. As Survey Managershe is responsible for produGing and/or supervising the
production of varioUS types. of mapping products, topographicsurveys,ALTA surveys,
ahdplals anq legal descriptions as well as reviewing title reports and preparing maps in
variOuS Northern CaliforniaGounties.·
I REPRESENTATIVE EXPERIENCE
I Regional Medical Center -ADA Topographic Survey Exhibit, San Jose, 2008'
I Project Manager at for the preparation of a topographic exhibit produced to check the
.1 compliance of the as-built improvements with the Americans with Disabilities Act (ADA)
I regulations. Directed the field crews in collecting topographic information of parking
spaces, curbs, sidewalks and other hardscape improvements on areas within the hospital
grounds that had recently been improved. Managed the project budget and schedule and
performed the QAlQC on the final exhibit.
. RDA-Streetscape Improvement Project, San Carlos Street, San Jose, 2008'
Project Manager for the preparation of a topographic exhibitfor four blocks of San Carlos
Street in downtown San Jose. This project involved aerial topographic mapping, GPS
survey, traversing, conventional topographic surveying and laser scanning. Responsible
for the coordination of these activities and ensuring that all the information collected was
presented in a seamless manner. Performed the research of County records in order to
produce a record boundary of the San Carlos Street right-of-way and adjusted the
traverse ofthe street monuments necessary to tie this record boundary to the topographic
survey. Was responsible for the QAlQC for the finished topographic exhibit while
monitoring schedule and budget.
Rivermark of Santa Clara, 2001-2006, Santa Clara'
Project Manager at for ALTAlACSM surveys of both the Commercial portion of Rivermark
Village and of the Sierra Hotel. Directed field survey crews in obtaining necessary
topographic information while overseeing the drafting and calculations. This survey
included obtaining the heights of the highest points of the Commercial Buildings in order
. to compare those with the height restrictions imposed by the flight paths of the nearby
Mineta San JoseAirport.
Since 2001, she was a key player at in the production of plats and legal descriptions, Tract
and Parcel Maps, design topographic surveys and control surveys over the entire
Rivermark site including the Residential, Commercial and School components. Also, was
involved in performing construction staking calculations during this time.
Boulevard, Santa Clara'
A single family development of 130 homes. As a Project Surveyor, adjusted the control
survey and resolved the site boundary. Researched through Santa Clara County maps
and documents and examined the title report. Supervised field crews in field data
collection for the boundary, updated the survey control as needed and provided
construction staking calculations throughout the project. Provided QAlQC for the final
Tract map and various plats and legal descriptions as well.
95
PIC
$275
TASK 1 Management
1 1 Project Maoagement aod Initiation 1
1 2 Coordination/Status Meetings
1 3 Kick-Off Meeting
Subtotal Task 1 1
TASK 2 Survey & Right of Way
2 1 Topographic Field SUlveys
Subtotal Task 2 0
TASK 3 Prelimiuary Design
3 1 Initial Study and Recommendation
3 1 1 Field Review
3 1 2 Report preparation
Prepare 50% Design
3 2 1 SignallLighting
3 2 2 Pavement Delineation/Signing
3 2 3 Ramp details
3 2 4 Cost Estimate
3 2 5 Submit 50%
Subtotal Task3 0
TASK 4 Final Design
Prepare 90% PS&E
4 1 1 Review 50% Comments
4 1 2 SignallLighting
4 1 3 Pavement Delineation/Signing
4 1 4 Ramp details
4 1 5 Cost Estimate
4 1 6 Technical Specifications
4 1 7 Submit 90%
Prepare F1nal PS&E
4 2 1 Prepare Final PS&E Submittal
4 2 2 Submit Final
Subtotal Task 4 0
TOTAL HOURS 1
TOTAL DESIGN COST $275
City of Sal'atoga
Citywide Accessible Signal Upgrade Project
Fee Schedule for Scope of Services
MARK THOMAS & COMPANY, INC.
Updated November 2,2009
Associate Assistant Survey
PM Engineer Engineer Surveyor Crew
$172 $142 $105 $130 $215
12 12
2
14 12 0 0 0
8 16
0 0 0 8 16
8 8
8 16
40
4
20
4
4
16 96 0 0 0
4
4 60
8
10
8
4 4
4
4 20
4 4
20 118 0 0 0
50 226 0 8 16
$8,600 $32,092 $0 $1,040 $3,440
Total MTCo
Honrs Labor Cost Reimbursables MTCo TOTAL COST
Total
1 $275 $275 $275
24 $3,768 $3,768 $3,768
2 $344 $344 $344
27 $4,387 $0 $4,387 $4,387
24 $4,480 $4,480 $4,480
24 $4,480 $0 $4,480 $4,480
16 $2,512 $2,512 $2,512
24 $3,648 $3,648 $3,648
0 $0 $0 $0
0 $0 $0 $0
40 $5,680 $5,680 $5,680
4 $568 $568 $568
20 $2,840 $2,840 $2,840
4 $568 $568 $568
4 $568 $568 $568
112 $16,384 $0 $16,384 $16,384
4 $688 $688 $688
64 $9,208 $9,208 $9,208
8 $1,136 $1,136 $1,136
10 $1,420 $1,420 $1,420
8 $1,136 $1,136 $1,136
8 $1,256 $1,256 $1,256
4 $568 $568 $568
24 $3,528 $3,528 $3,528
8 $1,256 $1,256 $1,256
0 $0 $0 $0
138 $20,196 $0 $20,196 $20,196
301
$45,447 $0 $45,447 $45,447
Citywide ADA Traffic Signal Upgrade Design
Public Works Department Page 1 of 21
Standard Contract
CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Mark Thomas &
Company, Inc. ("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on November
19, 2009 and extends through May 19, 2010 or the completion of the
project, whichever occurs first, unless it is extended by written mutual
agreement between the parties, provided that the parties retain the right to
terminate this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor’s
completion of the Scope of Work pursuant to this Agreement. Contractor
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Citywide ADA Traffic Signal Upgrade Design
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Standard Contract
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by John Cherbone ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or
97
Citywide ADA Traffic Signal Upgrade Design
Public Works Department Page 3 of 21
Standard Contract
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
John Cherbone
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
-The remainder of this page is intentionally blank-
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Citywide ADA Traffic Signal Upgrade Design
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Standard Contract
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By: ________________________________ Date: _________________
Print Name: Richard Tanaka
Position: Principal
CITY OF SARATOGA, a municipal corporation
By: __________________________________ Date: __________________
Name: Dave Anderson
Title: City Manager
APPROVED AS TO FORM:
By:_______________________________ Date:___________________
City Attorney
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit B-1 – Rate Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
99
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Standard Contract
EXHIBIT A
SCOPE OF WORK
On request of the Public Works Director or his or her designee, Consultant will
perform design services on behalf of the City in the following particulars:
a) ADA design for fifteen (15) intersections in Saratoga in preparation for
the installation of “vibrotactile” pushbuttons. These include:
100
_t8 _ Sara toga Owned Sig n als to be Upgraded
Street Cross Street
1 Frui tvale Avenue Allendale
2 Prospect Road Miller Avenue
3 Qui to Road Allendale Avenue
4 Qui to Road Pollard Road
5 Saratoga Avenue Bellgrove Circle I V ineyard Lane
6 Saratoga Avenue Cox Avenue
7 Saratoga Avenue Dagmar Drive
8 Saratoga Avenue Fruitvale Avenue
9 Saratoga Avenue Scotland Drive I Audry Smi t h
10 Saratoga -Sunnyvale Road Blauer Drive
11 Saratoga -Sunnyvale Road Cox Avenue I Wardell Road
12 Saratoga -Sunnyvale Road Herriman Avenue
13 Saratoga -Sunnyvale Road Pierce Road
14 Saratoaa -Sunnwale Road Re id Lane I Gerald Zapelli Court
15 Saratoga -Sunnyvale Road Seagull Way
Citywide ADA Traffic Signal Upgrade Design
Public Works Department Page 6 of 21
Standard Contract
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION .
City shall pay Contractor at the rates set forth on the attached rate
schedule, exhibit B-1. The total compensation (including equipment, supply,
and expense costs) pursuant to Exhibit A – Scope of Work of this Agreement
shall not exceed Forty five thousand four hundred forty seven dollars
($45,447).
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed prior to the invoice date. Hourly Rates schedule is shown on
Exhibit B-1. Invoices shall be sent to the City no later than the 15th of the
month following the month term being invoiced for. Invoices shall contain
the following information:
i. Serial identifications of bills for each applicant/project,
i.e. Invoice No.1 on each individual invoice sheet.
ii. Reference the City’s application number per
applicant/project (as identified on the City transmittal
cover sheets) on each individual invoice sheet.
iii. The beginning and ending dates of the billing period on
each individual invoice sheet.
iv. A summary cover sheet containing the total contract
amount, the amount of prior billings, the total due this
period, and the remaining balance available for all
remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
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Standard Contract
EXHIBIT B-1
RATE SCHEDULE
102
C h;J_ AneoMble s.._1 U fI'CJ"IOd .. Pn>ject ."s.,_ .. Ie ..... !ke ... ..r~
1>:IA IlK T HOMAS &I C OMt' ANV . I NC. Vpo -"--,,-
-
Public Works Department Page 8 of 21
Standard Contract
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
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Public Works Department Page 9 of 21
Standard Contract
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall
not be an employee of City. Contractor shall complete the Scope of
Work hereunder in accordance with currently approved methods and
practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained
from Contractor pursuant to this Agreement. City shall not have the
right to control the means by which Contractor accomplishes services
rendered pursuant to this Agreement. Likewise, no relationship of
employer and employee is created by this Agreement between the City and
Contractor or any subcontractor or employee of Contractor. Nothing
contained in this Agreement shall be construed as limiting the right
of Contractor to engage in Contractor profession separate and apart
from this Agreement so long as such activities do not interfere or
conflict with the performance by Contractor of the obligations set forth
in this Agreement. Interference or conflict will be determined at the
sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall
complete the Scope of Work required pursuant to this Agreement in the
manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession. All work
product of whatsoever nature which Contractor delivers to City pursuant to
this Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor’s profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
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Public Works Department Page 10 of 21
Standard Contract
5. BENEFITS AND TAXES Contractor shall not have any
claim under this Agreement or otherwise against City for seniority,
vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance, medical care, hospital care, insurance benefits,
social security, disability, unemployment, workers compensation or
employee benefits of any kind. Contractor shall be solely liable for and
obligated to pay directly all applicable taxes, including, but not limited
to, federal and state income taxes, and in connection therewith
Contractor shall indemnify and hold City harmless from any and all
liability that City may incur because of Contractor’s failure to pay
such taxes. City shall have no obligation whatsoever to pay or
withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may
assign any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
c. Prevailing Wages. This is a public works contract within the
meaning of Part 7 of Division 2 of the California Labor Code
(Sections 1720 et seq.). In accordance with California Labor Code
Section 1771, all contractors and subcontractors on this public
work project shall pay not less than current prevailing wage rates
as determined by the California Department of Industrial Relations
(“DIR”). Pursuant to Section 1773 of the California Labor Code, the
City has obtained the general prevailing rate of wages and
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employer payments for health and welfare, vacation, pension and
similar purposes in the City of Saratoga, a copy of which is on file
at 13777 Fruitvale Avenue, Saratoga, California at the office of the
Public Works Director, and shall be made available for viewing to
any interested party upon request.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor’s knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an
actual or potential conflict of interest on the part of Contractor is
discovered after award, the Contractor will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Contractor has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Contractor shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall take reasonable care to observe and
comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies)
applicable to the performance of the Scope of Work hereunder,
including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended.
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b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain
and maintain during the term hereof a valid City of Saratoga
Business License.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
d. Drug-free Workplace. Contractor and Contractor’s employees and
subcontractors shall comply with the City's policy of maintaining a
drug-free workplace. Neither Contractor nor Contractor’s
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement.
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b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Contractor
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Contractor shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/design
responsibility" as per the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
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responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes to the extent predicated on active or passive
negligence of the Contractor or of any subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs,
defense costs, court costs or any other cost to the extent arising out of or in
any way related to the negligent performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection
possible under the law to the City. Contractor acknowledges that City
would not enter into this agreement in the absence of the commitment of
Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its employees, agents
and officials, from any liability, claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs (including, without limitation, costs and fees
of litigation) of any kind whatsoever without restriction or limitation,
incurred in relation to, as a consequence of or arising out of or in any
way attributable actually, allegedly or impliedly, in whole or in part, to
the performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they are incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City under
any provision of this agreement or this section, Contractor shall not
be required to defend, indemnify and hold harmless City as set forth
above for liability attributable to the active negligence, sole negligence,
or willful misconduct of City, provided such active negligence, sole
negligence, or willful misconduct is determined by agreement between
the parties or the findings of a court of competent jurisdiction.
c. Scope of Contractor Obligation. The obligations of Contractor under
this or any other provision of this Agreement will not be limited by the
provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such
statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor
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in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to
the terms of this section.
e. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this
Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a
material element of consideration. City approval of the insurance
contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor’s bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
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seek specific performance or contract with another party to
perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, consultant's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing party
in such action shall be entitled to its reasonable attorneys’ fees and costs
whether or not such action is prosecuted to judgement.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
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20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
22. WAIVER Neither the acceptance of work or payment for work
pursuant to this Agreement shall constitute a waiver of any rights or
obligations arising under this Agreement. The failure by the City to enforce
any of Contractor’s obligations or to exercise City's rights shall in no event
be deemed a waiver of the right to do so thereafter.
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EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
“X” indicated in the space before the requirement apply to Contractor’s
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
work commences. City has the right to require Contractor’s insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $2,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $2,000,000 combined single limit for bodily injury and property
damage
___ $ ____________ per person/$__________ per accident for bodily
injury
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___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property
damage
___ Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the
consultant, regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
X $1,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three-year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
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All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
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d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan DIRECTOR: Dave Anderson
City Clerk City Manager
SUBJECT: Council Liaison to the Saratoga Ministerial Association
RECOMMENDED ACTION:
Adopt the attached Resolution amending Resolution No. 08-082 appointing Council
representatives to Committees, Agencies and AdHoc Committees to include a new agency –
Saratoga Ministerial Association.
BACKGROUND:
Throughout the year, the City Council invites various outside agencies to participate in a Joint
Meeting. The purpose of these meetings is to continue good relations and/or establish new
relationships with outside agencies that in some way affect the City.
At the November 4, 2009 Joint Meeting, Council met with members of the Saratoga Ministerial
Association. At that meeting members of the Ministerial Association expressed an interest in
working with the City to explore areas where both the City and the Ministerial Association could
work together to build community relationships. After a very productive dialog, it was
recommended that a new agency – Saratoga Ministerial Association be added to the Council
Agency and Ad hoc Committee list and that a City official attends the monthly meetings of the
Association.
Council directed staff to amend the attached Resolution No. 08-082 by creating a new agency –
Saratoga Ministerial Association – to be added to the Council Agency and Ad hoc Committee.
Mayor Chuck Page volunteered to be the representative to this new agency and Councilmember
Howard Miller volunteered to be the alternate.
The following changes to the Council Agency and Ad hoc Committee have been requested by the
Mayor and are reflected in the attached resolution:
Agency Councilmember Alternate
Saratoga Ministerial Association Page Miller
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Page 2 of 2
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Resolution No. 08-082 would not be amended and there would be no City official required to
attend the monthly meetings of the Saratoga Ministerial Association.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A – Resolution No. 08-082
Attachment B – Amended Resolution
118
119
RESOLUTION NO. 08 -082
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC
COMMITTEES FOR 2009
WHEREAS, the City Council reorganized on December 2, 2008, for the coming year;
and
WHEREAS, representatives from the City Council serve on various agencies and adhoc
committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all
its members.
NOW, THEREFORE, BE IT RESOLVED that after due consideration orthe interest of the
City Council and the needs of the various organizations to which the City Council sends
representatives, the following representatives agree hereby to be appointed to the agencies and
adhoc committees named, through December 2009, or until replaced:
Agency Councilmember Alternate
Association of Bay Area Govemment Nagpal Hunter
Chamber of Commerce Miller Nagpal
Comprehensive County Expressway
Planning Study Policy Advisory Nagpal Miller
Board (PAB) __ .....
County BCD Policy Committee Nagpal Miller
Hakone Foundation Board King N/A
Hakone Foundation Executive Page N/A
Committee
Historical Foundation Hunter Miller
KSAR Community Access TV Board Miller Hunter
Library Joint Powers Association Hunter Nagpal
West Valley Flood Control & King Miller
Watershed Advisory Committee'
Peninsula Division, League of Page King
California Cities
Recycling & Waste Reduction Cities Association Cities Association
Commission of SCC Appointment Appointment
Santa Clara Valley Water District Hunter Miller
Commission
Santa Clara County Cities Association Page King
Executive Board
SCC Cities Association Selection Page King
Committee
Santa Clara County Cities Association-King Miller
Joint Economic Development Policy
Committee (JEDPC)
Santa Clara County Emergency Miller Hunter
120
Council
SASCC Nalo'P al Hunter
Sister City Liaison Nagpal Hunter
West Valley Solid Waste Joint Powers Miller Nagpal
Association
Valley Transportation Authority PAC Page King
West Valley Sanitation District Page Nagpal
West Valley Mayors and Managers Page King
Association
(Both members are requh'ed to attend meetings)
Airport Land Use Committee Cities Association Cities Association
Aopoinnnent ApPointment
City School Ad-Hoc King Page
Council Finance Committee Page Miller
~.lage Ad-Hoc Huntcr Nagpal
The above and forgoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 17th oay of Deccmber, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmember Howard Miller, Jill Hunter, Vice Mayor Kathleen King,
Mayor Chuck Page
None
Susie Nagpal
None
ullivan, City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
RESOLUTION NO 08-082 APPOINTING COUNCIL REPRESENTATIVES TO
AGENCIES AND ADHOC COMMITTEES FOR 2009
WHEREAS, the City Council reorganized on December 2, 2008, for the coming year;
and
WHEREAS, representatives from the City Council serve on various agencies and adhoc
committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all
its members.
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the
City Council and the needs of the various organizations to which the City Council sends
representatives, the following representatives agree hereby to be appointed to the agencies and
adhoc committees named, through December 2009, or until replaced:
Agency Councilmember Alternate
Association of Bay Area Government Nagpal Hunter
Chamber of Commerce Miller Nagpal
Comprehensive County Expressway
Planning Study Policy Advisory
Board (PAB)
Nagpal
Miller
County HCD Policy Committee Nagpal Miller
Hakone Foundation Board King N/A
Hakone Foundation Executive
Committee
Page N/A
Historical Foundation Hunter Miller
KSAR Community Access TV Board Miller Hunter
Library Joint Powers Association Hunter Nagpal
Lower Peninsula Valley Flood Control
& Watershed Advisory Committee
King Miller
Peninsula Division, League of
California Cities
Page King
Recycling & Waste Reduction
Commission of SCC
Cities Association
Appointment
Cities Association
Appointment
Santa Clara Valley Water District
Commission
Hunter Miller
Santa Clara County Cities Association
Executive Board
Page King
SCC Cities Association Selection
Committee
Page King
Santa Clara County Cities Association-
Joint Economic Development Policy
Committee (JEDPC)
King Miller
Santa Clara County Emergency Miller Hunter
121
Council
Saratoga Ministerial Association Page Miller
SASCC Nagpal Hunter
Sister City Liaison Nagpal Hunter
West Valley Solid Waste Joint Powers
Association
Miller Nagpal
Valley Transportation Authority PAC Page King
West Valley Sanitation District Page Nagpal
West Valley Mayors and Managers
Association
Page King
(Both members are required to attend meetings)
Airport Land Use Committee Cities Association
Appointment
Cities Association
Appointment
City School Ad-Hoc King Page
Council Finance Committee Page Miller
Village Ad-Hoc Hunter Nagpal
The above and forgoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 18th day of November, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
________________________________
Ann Sullivan, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Appeal of Conditional Use Permit Application No. CUP 09-0004: 20398 Blauer
Drive, which was denied by the Planning Commission, to operate a new day care
facility in the Professional Administrative Zoning District.
RECOMMENDED ACTION:
Deny the appeal for a Conditional Use Permit, thus affirming the Planning Commission denial
issued on October 14, 2009.
REPORT SUMMARY:
Project History
On March 18, 2009 an application was received for a new day care center with 80 students and
10 teachers. The property is located in the Professional Administrative (PA) zoning district and
requires a Conditional Use Permit for the proposed use. Following a request from Staff in April
and May (Attachment 4), a traffic study submitted by the applicant in late June indicated that the
14 available parking spaces could accommodate 40 students (Attachment 6). At that time, the
applicant indicated they wanted to conduct additional research to support their proposal for more
students. Following a period of no correspondence, staff followed up with the applicant’s traffic
engineer in late August, and learned that the applicant had not pursued the additional research.
Staff informed the applicant and owner that the City’s traffic consultant would need to review the
final traffic study before staff could make a recommendation and schedule the project for
Planning Commission review. After the owner declined to pay fees for the peer review, Staff met
with the owner in September to try and resolve the matter. However, the owner requested that the
Planning Commission review the project (without peer review) at the October 14th Public
Hearing.
On October 14th, the Planning Commission reviewed the application for the new day care
facility. As proposed, the day care center would provide services for 56 students (16 more
children than recommended by the applicant’s traffic engineer). The facility would operate from
7:00 a.m. to 6:00 p.m. in an existing 5,000 square foot building formerly occupied by office uses.
The day care center would include a playground in the front of the building adjacent to Blauer
Drive, as shown on the Site Plan (Attachment 5) and as described in the Staff Report dated
October 14, 2009 (Attachment 2).
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Page 2 of 2
The Planning Commission opened the Public Hearing and heard testimony from the owner and
members of the public. Ten neighbors spoke in opposition to the project with concerns regarding
traffic, noise, children’s safety, pedestrian safety, and the ability of four (4) teachers to care for
the 56 children (see Attachment 3). After the public hearing was closed, the Planning
Commission discussed several issues including the height of the fence in the front yard being
over the maximum allowed once a retaining wall is put in place, the location of the playground
near a busy street, the lack of enough open space for the children (as required by the State), the
lack of a peer review to confirm the allowable number of students, and the employee/student
ratio. Following a detailed discussion of the above items, the Planning Commission denied the
project unanimously (7-0) with prejudice.
FISCAL IMPACTS:
Not applicable
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Depending on the alternative action, the proposal for a new day care center could be approved.
ALTERNATIVE ACTION:
The City Council could also take one, or a combination of, the following alternative actions.
1. Approve the appeal, thus reversing the Planning Commission denial issued on October 14,
2009, and approving the Conditional Use Permit for a day care center.
2. Direct the applicant to make changes and continue the public hearing to a date certain.
3. Direct the applicant to make changes and refer the application back to the Planning
Commission.
FOLLOW UP ACTION:
Not applicable
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the
Saratoga News.
ATTACHMENTS:
1. City Council Resolution of denial of application CUP09-0004
2. 10/14/09 Planning Commission Hearing Staff Report, Resolution, Fire Department Review
3. Neighbor Correspondence
4. Staff Correspondence
5. Site Plan (“Exhibit A” from Planning Commission meeting of October 14, 2009)
6. Traffic Study
7. Mailing notice and address list
8. Appeal application dated 10/28/09
9. Applicant Submittals
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING AN APPEAL;
THEREBY AFFIRMING THE PLANNING COMMISSION’S DENIAL OF
CONDITIONAL USE PERMIT APPLICATION CUP 09-0004
for a new day care facility in the Professional Administrative Zoning District
Alex Du Von; 20398 Blauer Drive
WHEREAS, on October 14, 2009, following a duly noticed public hearing at which time all
interested parties were given a full opportunity to be heard and present evidence, the City of
Saratoga Planning Commission denied a Conditional Use Permit application (CUP09-0004) for the
operation of a day care facility for 56 students in the Professional Administrative Zoning District;
and
WHEREAS, on October 28, 2009 an appeal of the Planning Commission decision was filed
by th e appellant Julia Hashemieh; and
WHEREAS, on November 18, 2009, the City Council held a duly noticed public hearing to
consider the appeal at which time all interested parties were given a full opportunity to be heard and
to present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the appeal and all
testimony and other evidence submitted in connection therewith.
Now, therefore be it resolved that the City Council of the City of Saratoga hereby:
I. Denies the appeal and affirms the Planning Commission’s denial of a Conditional Use
Permit application; and
II. Determines that the California Environmental Quality Act (CEQA) does not apply to
projects which a public agency rejects or disapproves, pursuant to Title 14 of the California Code of
Regulations, Chapter 3, Article 19, Section 15270(a).
III. Determines that the applicant has not met the burden of proof required to support said
application for Conditional Use Permit Approval, as consistent with the following Conditional Use
Permit findings specified in City Code Section 15-55 and the below General Plan goals and policies.
General Plan Goals and Policies
The proposed project is not consistent with the following General Plan Policies:
Provide adequate parking for non-residential uses to minimize intrusion into adjacent
neighborhoods (Circulation Policy 7.0a). The project is not consistent with this General Plan
Policy in that as proposed, the facility would have five (5) employees and provide services for 56
students on property which has only 14 available parking spaces. Applicant’s own Traffic Study
dated June 18, 2009 (as to which Applicant refused Peer Review) indicates that existing parking on
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Application No. CUP 09-0004; 20398 Blauer Drive
site can accommodate only 40 students (based on the assumption that “the average parking duration
would be a few minutes” and giving no consideration to the potential for large events). Hence, the
City Council finds that the proposed non-residential project will not provide adequate parking to
minimize intrusion into adjacent neighborhoods.
Development proposals shall be evaluated against City standards and guidelines to assure that
the related traffic, noise, light, appearance, and intensity of the proposed use have limited
adverse impact on the area and can be fully mitigated (Land Use Policy 5.2). The project is not
consistent with this General Plan Policy in that the number of available parking spaces is not in
proportion to the number of students proposed, the proposed fence is over the maximum allowed in
the front setback, and play structures are not allowed in the front setback and would not be
harmonious with the surrounding neighborhood and businesses.
Use Permit Findings
The Applicant’s Project has not met the burden of proof to support the Findings required for
approval of a Use Permit under Article 15-55 of the City Code, as set forth below:
The proposed conditional use will not adversely affect existing or anticipated uses in the
immediate neighborhood, and will not adversely affect surrounding properties or the occupants
thereof. This finding cannot be made in the affirmative. As proposed, the facility would have five
(5) employees and provide services for 56 students on property which has only 14 available parking
spaces. The applicant’s own Traffic Study dated June 18, 2009 (as to which Applicant refused Peer
Review) indicates that existing parking on site can accommodate only 40 students (based on the
assumption that “the average parking duration would be a few minutes” and giving no consideration
to the potential for large events). Hence, the City Council finds that the proposed non-residential
project will intrude into and adversely affect the immediate neighborhood and surrounding
properties or the occupants thereof.
The proposed location of the conditional use is in accord with the objectives of the Zoning
Ordinance and the purposes of the district in which the site is located. This finding cannot be
made in the affirmative. Day Care Facilities are not allowed as of right in the Professional
Administrative (PA) zoning district. Due to the inadequate parking spaces on the property and the
intrusion and adverse affects which will result to immediate neighborhoods and surrounding
properties, this proposed project is not in accord with the following purposes of the PA zoning
district:
City Code Section 15-05.020
(a) To control the physical development of the City in such a manner as to preserve it as
essentially a residential community with a rural atmosphere.
(c) To foster a harmonious, convenient, workable relationship among land uses.
(d) To promote the stability of existing land uses which conform with the General Plan,
and to protect them from inharmonious influences and harmful intrusions.
(e) To ensure that public and private lands ultimately are used for the purposes, which
are most appropriate and most beneficial from the standpoint of the City as a whole.
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Application No. CUP 09-0004; 20398 Blauer Drive
(h) To minimize traffic congestion and to avoid the overloading of utilities by
preventing the construction of buildings of excessive size in relation to the land around
them.
(j) To provide for adequate off-street parking and loading facilities.
and City Code Section 15-18.010
(a) To reserve appropriately located areas for harmonious transitional uses to serve as
buffers between residential districts and commercial districts (as proposed this will not be
a harmonious transitional use).
(c) To create a suitable environment for office buildings especially designed for their
purposes, located on sites large enough to provide room for landscaped open spaces and
off-street parking facilities.
(e) To provide adequate space to meet the needs of modern office buildings, including
off-street parking of automobiles ….
(f) To minimize traffic congestion ….
The proposed location of the conditional use and the conditions under which it would be operated
or maintained will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity. This finding cannot be made in the
affirmative. The proposed location of the conditional use and the conditions under which it would
be operated or maintained will be detrimental to the public health, safety and welfare and injurious
to properties or improvements in the vicinity in that: as proposed, the facility would have five (5)
employees and provide services for 56 students on property which has only 14 available parking
spaces. The applicant’s own Traffic Study dated June 18, 2009 (as to which Applicant refused Peer
Review) indicates that existing parking on site can accommodate only 40 students (based on the
assumption that “the average parking duration would be a few minutes” and giving no consideration
to the potential for large events).
The proposed conditional use will comply with each of the applicable provisions of the Saratoga
Zoning Ordinance (Chapter 15 of the City Code. This finding cannot be made in the affirmative.
The proposed fence that would be located on top of a retaining wall would be taller than the
maximum allowed height for fences in the front setback. Play structures are not allowed in the front
setback and the project does not meet the State’s requirement for outdoor play space. Furthermore,
the project does not meet the City’s requirement for off-street parking.
IV. Project Denial
After careful consideration of the entire Application and any other exhibits and evidence submitted
in connection with this matter, the statutory exemption from CEQA is approved, the findings for
denial set forth above are made, and the Application No. CUP-09-0004
for a new day care facility in the Professional Administrative Zoning District is hereby denied.
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Application No. CUP 09-0004; 20398 Blauer Drive
PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 18th day of
November, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________________
Chuck Page, Mayor
ATTEST:
________________________________________________
Ann Sullivan, City Clerk
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REPORT TO THE
PLANNING COMMISSION
Application No. CUP 09-0004
Location: 20398 Blauer Drive
Type of Application: Conditional Use Permit (CUP)
Applicant: Alex Du Von
Staff Planner: Cynthia McCormick, Assistant Planner, AICP
Meeting Date: 10/14/09
APN: 393-02-005 Department Head:
John Livingstone, AICP
20398 Blauer Drive
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EXECUTIVE SUMMARY
CASE HISTORY:
Application filed: 03/18/09
Application complete: n/a
Notice published: 09/29/09
Mailing completed: 09/29/09
Posting completed: 10/08/09
PROJECT DESCRIPTION:
The applicant is requesting a Conditional Use Permit (CUP) for a new day care facility in an
existing 5,000 square foot building formerly occupied by office uses. As proposed, the facility
would have five (5) employees and provide services for 56 students. The property has 14 available
parking spaces. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m. The property is
located in the Professional Administrative (PA) zoning district and requires a use permit for the
proposed use.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA) does not apply to projects which a public
agency rejects or disapproves, pursuant to Title 14 of the California Code of Regulations, Chapter
3, Article 19, Section 15270(a).
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission deny the application as proposed because the
applicant would not agree to a Peer Review of the Traffic Study and staff cannot therefore
confirm the validity of the Traffic Study.
Alternatively, the Planning Commission could continue the project to allow the applicant to pay
fees necessary for peer review of the traffic study. Staff recommendations regarding the number
of students allowed would be primarily based on results of the traffic study and peer review
recommendations.
PERMANENT CONDITIONS OF APPROVAL:
Staff is not recommending any permanent conditions of approval.
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PROJECT DATA
ZONING: Professional Administrative (PA)
GENERAL PLAN DESIGNATION: Professional Administrative (PA)
PARCEL SIZE: 21,780 sq. ft.
TENANT SPACE: Approximately 5,000 sq. ft.
FORMER USE: The project would be located in an existing building formerly occupied by offices
which are a permitted use.
SURROUNDING LAND USES: Land uses surrounding the site are commercial uses to the north and
west, and residential uses to the east and south.
PROPOSED USE: The facility would operate as a daycare center.
HOURS OF OPERATION: Proposed hours of operation for the facility are from 7:00 a.m. to 6:00 p.m.
EMPLOYEES: As proposed, the facility would operate with 4 employees.
STUDENTS: As proposed, the facility would provide services for 56 students.
BUILDING SITE: The project would be located in an existing 5,000 square foot building.
PARKING: The property has 14 existing parking spaces.
SIGNAGE: The applicant is not proposing any signage at this time. If any signage is desired in the
future, the applicant would be required to submit a sign permit application for review and approval
by the Planning Commission or through the administrative review process, as appropriate.
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PROJECT DISCUSSION AND SITE CHARACTERISTICS
Background
Prior to scheduling the project for Planning Commission review, staff met with the applicant to
discuss concerns related to traffic impacts and parking requirements for the proposed project.
Staff also spoke with the applicant regarding the need for a Peer Review of the applicant’s Traffic
Study. Standard practice for determining the required numbers of parking spaces has been based on
a Traffic Study performed by an applicant’s traffic engineer and a Peer Review of the traffic study
by the City’s traffic consultant. The purpose of the Peer Review is to validate the adequacy and
appropriateness of the assumptions used by the applicant’s traffic engineer for the project
analysis and recommendations. The applicant would not agree to a Peer Review and has requested
the Planning Commission make a decision on the proposal based solely on the Traffic Study
without peer review of the Traffic Study provided by the applicant’s traffic engineer.
Based on the results of the Traffic Study, the applicant has reduced the number of proposed
students from 80 to 56. However, the Traffic Study, conducted by the applicant’s traffic engineer,
indicates that the 14 available parking spaces could only accommodate 40 students. The Traffic
Study is included as Attachment #3 and is discussed below.
Proposed Project
The use would operate as a day care facility for young children. The day care facility would be
located in an existing 5,000 square foot building. The property currently has 14 available parking
spaces. As proposed, the facility would have five (5) employees and provide services for 56
students. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m.
The applicant also proposes a play area within the front setback. The play area would be comprised
of three areas of grass and artificial turf. The three play areas would be connected by a 10” high
redwood bridge/walkway and enclosed within a fence. The site plan does not show the location of
any permanent play structures; however the applicant has indicated their intent to have portable play
equipment that would be brought inside the facility in the evening. Examples of the type of play
equipment proposed will be on display at the Public Hearing. City Code does not allow play
equipment within the front setback area. Furthermore, play equipment may not appear harmonious
with other buildings and uses in the neighborhood. The minimum front setback area is twenty-five
feet. According to the California State Department of Social Services, the open space requirement
for licensed day care centers is 75 square feet per child. Currently, the site plans shows
approximately 2,800 square feet of play area which would accommodate approximately 37
children.
Fencing and Landscaping:
The property is currently surrounded by existing mature landscaping. New landscaping and a four
foot (4’) high wrought-iron fence and gate would be installed in the front yard. The wrought-iron
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fence would be comprised of two inch (2”) horizontal rails, one inch (1”) vertical rails, and three
inch (3”) posts.
Traffic and Parking
The applicant submitted a traffic study completed by Hexagon Transportation Consultants, Inc.
(attachment 4).
The applicant’s Traffic Study indicates that a maximum of 40 students could be accommodated by
the 14 available parking spaces. The Traffic Study assumes that “the average parking duration
would be a few minutes.” The Traffic Study does not consider the potential for large events and the
applicant has not provided further details on the types of programs offered at the day care center.
While the Traffic Study does discuss the possibility of using parking spaces on Blauer Drive as well
as parking spaces from adjacent buildings, the City does not count street parking towards the off-
street parking requirement. Furthermore, staff discourages shared parking on other sites because
it restricts the types of current and future uses that the adjacent property can accommodate,
given the reduced parking available for their use. The City’s shared parking requirements are
discussed below.
Per City Code section 15-35.020(h) off-street parking spaces shall be located on the same site as the
use for which the spaces are required, or on an adjacent site or a site separated only by an alley. City
Code section 15-35.020(d) indicates that the off-street parking requirements may be satisfied by a
common parking facility provided that the total number of spaces shall be not less than the sum of
the individual requirements (i.e., there is no overlap of parking). City Code also requires a formal
contract for the shared parking agreement be recorded in the office of the County Recorder.
Neighbor Correspondence
The applicant notified adjacent businesses and residents. Public notice was sent to all property
owners within 500 feet of the project. Staff has received two written comments and one verbal
comment from adjacent residents as of the writing of this staff report.
The neighbor at 20390 Blauer Drive (left side of property) provided written concerns regarding
traffic, noise, and property values. This neighbor would like a sound wall separating their property
from the subject property. This neighbor would also like to minimize the front exit and entrance.
Staff spoke with this neighbor who reiterated their concerns regarding noise and traffic generated by
parents dropping off and picking up their children.
The neighbor at 20483 Tricia Way (behind property) provided written concerns regarding traffic
drop off/pick up of children in the parking lot at the back of the property. Staff spoke with this
neighbor who also voiced concerns regarding the playground in the front of the property and the
potential traffic delays caused by queuing of vehicles along Blauer Drive which is a single lane road
that provides access to a larger shopping center, other commercial uses, and a residential
neighborhood. This neighbor has since sent an email to staff which is included in Attachment 3.
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The neighbor at 20480 Blauer Drive (right side of property) contacted staff by phone with concerns
regarding traffic circulation near the proposed day care facility.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission deny the application as proposed because the
applicant would not agree to a Peer Review of the Traffic Study and staff cannot therefore
confirm the validity of the Traffic Study.
Alternatively, the Planning Commission could continue the project to allow the applicant to pay
fees necessary for peer review of the traffic study. Staff recommendations regarding the number
of students allowed would be primarily based on results of the traffic study and peer review
recommendations.
ATTACHMENTS:
1. Resolution of Denial.
2. Newspaper Notice, Mailed Notice, Address Labels
3. Neighborhood Notification
4. Site Access, Circulation and Parking Study by Hexagon Transportation Consultants, Inc.
5. Reduced Plans, Exhibit "A”.
6. Fire Department comments, Exhibit "B”.
134
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. FOR DENIAL OF USE PERMIT
Application # CUP 09-0004
Alex Du Von; 20398 Blauer Drive
The City of Saratoga Planning Commission finds and determines as follows with respect to the
above-described application:
I. Project Summary
The City of Saratoga Planning Commission has received an application for a Use Permit for the
Project shown in Exhibit "A" date stamped September 24, 2009, incorporated by this reference. The
proposed use is a day care facility in the Professional Administrative (PA) zoning district. The use
would be located in an existing 5,000 square foot building formerly occupied by office uses. As
proposed, the facility would have five (5) employees and provide services for 56 students. The
property has 14 available parking spaces. The proposed hours of operation are from 7:00 a.m. to
6:00 p.m. The foregoing use will be described as the “Project” in this Resolution.
II. Use Permit Requirement
City Code Sections 15-55.010 and 15-18.030(f) require a Conditional Use Permit by the Planning
Commission for any day care facility in the Professional Administrative (PA) zoning district.
III. Planning Commission Review
On October 14, 2009 the Planning Commission held a duly noticed Public Hearing on the Project at
which time all interested parties were given a full opportunity to be heard and to present evidence
and argument. The Planning Commission considered the Project, the staff report on the Project,
CEQA documentation, correspondence, presentation from the Applicant and the public, and all
testimony and other evidence presented at the Public Hearing.
IV. Environmental Review
The California Environmental Quality Act (CEQA) does not apply to projects which a public
agency rejects or disapproves, pursuant to Title 14 of the California Code of Regulations, Chapter 3,
Article 19, Section 15270(a).
V. Use Permit Findings
The Applicant’s Project has not met the burden of proof to support the Findings required for
approval of a Use Permit under Article 15-55 of the City Code, as set forth below:
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Application No. CUP 09-0004; 20398 Blauer Drive
The proposed conditional use will [not] adversely affect existing or anticipated uses in the
immediate neighborhood, or will [not] adversely affect surrounding properties or the occupants
thereof. Staff is unable to make this Finding. A Traffic Study, dated June 18, 2009 indicates that
existing parking on site can accommodate 40 students; however the applicant has proposed services
for 56 students. Moreover, a Peer Review has not been completed for the project to validate the
adequacy and appropriateness of the assumptions used for the project analysis and
recommendations. Given the site’s parking deficiency, parking and traffic by parents would
potentially spillover into the adjacent neighborhood and properties.
The proposed location of the conditional use is in accord with the objectives of the Zoning
Ordinance and the purposes of the district in which the site is located. Staff is unable to make this
Finding. Day Care Facilities are not allowed as of right in the Professional Administrative (PA)
zoning district. The number of available parking spaces is not in proportion to the number of
students proposed for the Day Care Facility and therefore the proposed use is too intensive for the
proposed location.
The proposed location of the conditional use and the conditions under which it would be operated
or maintained will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity. Staff is unable to make this Finding.
Finding #1 demonstrates why this finding cannot be made.
The proposed conditional use will comply with each of the applicable provisions of the Saratoga
Municipal Code. Staff is unable to make this Finding. Per the Traffic Study dated June 18 2009, the
site does not currently have adequate parking available to serve the project.
VI. Project Denial
After careful consideration of the application, site plan, architectural drawings, Traffic Study, and
other materials and exhibits and evidence submitted to the City in connection with this matter,
Application No. CUP 09-0010 for a Use Permit for a daycare center is denied.
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Application No. CUP 09-0004; 20398 Blauer Drive
DENIED by the City of Saratoga Planning Commission this 14th day of October 2009 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Yan Zhao
Chair, Planning Commission
ATTEST:
___________________________________
John F. Livingstone, AICP
Secretary to the Planning Commission
ACCEPTANCE BY APPLICANT AND OWNER
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and
agrees to fully conform to and comply with said terms and conditions within the time required in
this Resolution by the City of Saratoga Planning Commission.
__________________________________ ____________________________
Applicant Date
__________________________________ ____________________________
Property Owner or Authorized Agent Date
137
fire
SARATOGA FIRE DISTRICT
COUNTY OF SANTA CLARA
14380 SARATOGA AV. SARATOGA, CALIFORNIA 95070
Telephone: 408-867-9001 Fax: 408-867-1330 www.saratogafire.org
Plan Review Transmittal for Planning Department
File #: CUP 09-0004
Plan Log #: 09-1242
Date: May 27, 2009
# of Lots: one
Applicant: Saratoga Day Care Center/Von
Location: 20398 Blauer Drive
Project: tenant improvement of a approximately 5,000 sq ft commercial building for a day care center. This
tenant improvement constitues a change of use of the building.
1. Property is not located in a designated Wildland/Urban Interface (WUI) area.
2. Page A0 describes the building construction type as V-III 1 hr which is not a valid construction type per
2007 CBC. Clarify the building construction type and if applicant claims the building is 1 hour rated
construction provide evidence of said rating as this office has no record of this building being 1 hour
rated construction. Presently the building has no automatic fire sprinkler or fire alarm systems installed.
3. Per 2007 California Fire Code (CFC) and 2007 California Building Code (CBC) the occupancy
classification for this use is Educational Group E-Day Care, the use of a building or structure, or portion
thereof, for educational, supervision or persoanl care services for more than six children older than 2 and
a half years of age shall be classified as an E occupancy.
4. Per 2007 CFC 907.2.3: Group E, a manual and automatic fire alarm system shall be installed in Group E
occupancies with an occupant load of 50 or more persons or containing more than one classroom or one
or more rooms used for day care purpose. An Early Warning Fire Alarm System shall be installed and
maintained. The alarm contractor shall submit three (3) copies of working drawings to the fire district
for review and approval. The alarm system must be installed by a licensed contractor. The fire district
must issue a permit prior
5. Provide exits signs per 2007 CBC Chapter 10 Means of Egress.
to the installation of the system (City of Saratoga Code 16-60).
6. Provide portable fire extinguishers minimum 2A-10BC at minimum 75 feet of travel per CCR Title 19.
7. Page A3 indicates a kitchen area with range and hood. Applicant is to contact Santa Clara County
Department of Health to determine if any permits are required from that department for the cooking
operations in the kitchen area. If County Health determines that the kitchen hood system be equipped as
a Class 1 hood for grease laden vapors then an approved fire protection system for the hood shall be
required. If no permits are required by County Health, then no hood fire protection system shall be
required. Applicant is to communicate in writing to Saratoga Fire of the determination by County
Health.
8. Premises Identification: Approved numbers or addresses shall be provided for all new and existing
buildings in such a position as to be plainly visible and legible from the street or road fronting the
property (2007 CFC 505).
APPROVED: HAL NETTER
PLAN CHECKER: HAL NETTER
138
From: Jim Leney [mailto:jleney@gmail.com] On Behalf Of Jim Leney
Sent: Sunday, November 08, 2009 9:55 AM
To: City Clerk [Ann Sullivan]
Subject: APN 393-02-005
City Council,
I am writing to voice my strong opinion that the City Council should uphold the decision of the planning
commission for APN 393-02-005, to reject the application of Julia Hashemieh to open a day care facility
on Blauer Drive.
This location is not zoned for daycare for good reason. It’s adjacent to a residential neighborhood and
provides a professional office facility free of extreme noise. I work from home 1-2 days per week with
my property about 100 feet away. I am father of two . I love children but the noise of 56 children would
disturb my work or force me to close all my doors and windows at all times. The traffic early and late in
the day would increase at the Blauer-Regan intersection and down Blauer Drive past my house. The
proposed changes to the front of the building would be an eyesore with play equipment that, best case,
remains in view all day.
Also as a citizen of Saratoga, I agree with the planning committee that there are serious liability issues
with this location. That area has a blind hedge right near the eastern driveway leading to the back of the
center. It would be an accident waiting to happen with children and parents crossing the street there.
There are other safety concerns and added traffic that were documented during the planning
commission hearing.
I have owned my home in Saratoga for 10 years. The zoning laws we have should protect the City of
Saratoga, my family, my neighbors and our local property values from such negative impacts. Thanks for
your consideration.
Sincerely, Jim Leney
20353 Blauer Drive
Saratoga, CA 95070
408-307-7917 (cell)
jim@leney.org
139
140
City of Saratoga
Planning Commission
13777 Fruitvale Avenue
Saratoga, CA 95070
RE : CUP 09-0004; 20398 Blauer Drive
Planning Commission Members ,
20483 Tricia Way
Saratoga, CA 95070
October 14 ,2009
I have lived at 20483 Tricia Way since 1985 . While the back yard of my property borders the rear of the
commercial property located at 20398 Blauer Drive, there has never been any problem with this association as
this property has always been used as a business office. Consequently, there were very few cars or employees
involved and we enjoyed a quiet relationship.
Now, we face the prospect of this location being used as a daycare center with up to 56 students at anyone time .
I object to this use for the following reasons:
1. The plan for this daycare center is to use the parking area behind the building as an automobile access
for the purpose of dropping off and picking up children. The cars will be required to drive around the
back of the building for this purpose. Typical daycare facilities generate a great deal of traffic, twice a
day, at the specified time when parents drop off and pick up their children. With up to 56 students, I can
envision a line of cars encircling the building twice a day with all the associated noise of exuberant
children. As my backyard borders the rear of the property in question and is only separated by a 6-foot
high fence , I believe this will greatly diminish the quiet environment of my backyard that I have enjoyed
for the past 24 years.
2. The traffic of parents dropping off and picking up their children twice a day will spill out onto Blauer
Drive. As in other daycare centers , there will be lines of cars on Blauer Drive twice a day, waiting for
their turn to pick up or drop off their children. This will be a problem for the access to the homes and
business serviced by Blauer Drive including, the office complex next to 20398 Blauer Drive, Argonaut
Shopping Center, the homes that are next to and across the street from the daycare center as well as all
of the homes that use Blauer Drive for access to their property.
3. The lines of cars mentioned in item 3 could constitute a safety issue.
4. Periodically, an 18 wheel truck / trailer comes into Blauer Drive to drop off supplies for Safeway. This
truck is required to make a wide turn in order to turn left into the rear entrance behind Argonaut
Shopping Center. This turn will be impossible if there is a line of cars waiting to pick up or drop off
children.
5. Due to the noise and traffic mentioned above , I believe the value of my property will be reduced.
6 . I do not think the Professional Administration CPA) zoning for this property includes its use as a daycare
center. If so , the use as a daycare center constitutes a variance to the current zoning.
7. I believe the safe occupancy for this building would be exceeded with 56 students and 4 employees. I
wonder what the Saratoga Fire Department has to say about this occupancy and the existing fire exits.
For all of the reasons above, I urge the Planning Commission to reject the Condition Use Permit for a daycare
center at 20398 Blauer Drive.
Yours truly ,
141
CynthiE McCormick
Assistan~ Planner
8e D t~ 0tn
City of ~8ratoS F Development Dept.
13777 Fruitvale pve.
Saret06a, CA 95070
I stron8-Y object to ~he roequest of eRowing
~ d e y cere center at 2 0 39 8 Bl~ur Drive,
Saratoba.
Wi th the amoun~ of emplo;yees end the
nUillber df students a very unsa f e
traffic situati o n will erise.
It is e lr eady busy in the~ erea, and
the &ddi ti.:mel emount of C8 rs will be
naz&rcous ~o ell who use Bl eur Drive.
1 eEL pre dict t ~8t t~ere will b e
acci d ents with c h ildren in the cers
because of the way p eople drive s o
fast in tha~ erea.
SinCErely ,
~~
Anita Nettenstrom
20311 Crpi ~en Circle
S8retob2, CA 950 70
(408) 8 67-6250
~ ~O! ~ ~!n~ ~
CITY OF SARATOGA
COMMUNITY DEVELOPMENT
142
City of Saratoga
Plann ing Comm ission
13777 Fruitvale Avenue
Saratoga, CA 95070 CITY Or S,L..RJ.lJOGA
-:Ol\'i"I;Ul\iiTY DEVELOPM ENT
RE: CUP 09-0004: 20398 Blauer Drive
Addressed to : The Planning Comm is sion Members
Oct. 9, 2009
13035 Regan Lane
Saratoga, CA 95070
Phone: 867-9786
I am a resident of Saratoga and have been s in ce 1960. The aforementioned
Day Care Center that is being considered borders most of my backyard property
at 13035 Regan Lane. The last few years have been a headache with the present
owners of the property on Blauer Drive. Not so with the businesses renting the
Property. I have reported the existence of a fire hazard to the Fire Marshal
regarding the trash, dead limbs, and dry needles that have been collecting for the
last few years (3 or 4) against the fence in the back of the building. I am 82 years
old and I try to keep my small orchard in the back free of dry material as
requested by the fire departments, etc. The present owner has not responded in
any way to do the same. To make this short, what can we expect in the way of
cooperation from this person if other problems arise such as the following:
1. The traffic is already bad at the corner of Regan Lane with people not stopping
at all at the four way stop, speeding around the corner and up Regan Lane.
What can we expect when 50 or more cars will be standing leaving off and
picking up children? Our subdivision is already the feeder for all of the
neighboring areas with all the traffic using Regan Lane and not obeying the
traffic laws. The situation can only get worse with standing traffic and it will
present a real safety issue with the trucks servicing the stores at Argonaut.
2. When and if I can no longer reside in my home will the town of Saratoga give
me a tax reduction since my property value will certainly be devalued as a
result of the noise and congestion ensuing from this plan?
3. With the lack of regard from the present traffic users, a ll of this traffic will
most assuredly spill over into the residential area of Argonaut Place.
4. It absolutely astounds me that such a situation as this is all right as long as it
happens in someone else's neighborhood. The reason most of us purchased
our homes is for the intrinsic value represented by that purchase.
For all of the reasons above I implore you to reject the Condition Use Permit for
the daycare center at 20298 Blauer Drive.
Thank you,
Margaret B. Towns
P<40/~ ;;3. ;;;dJ J
143
October 14, 2009
12990 ReganLane
Saratoga, CA 95070
Phone : 867 -5181
City of Sa ratoga
Planning Commission
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: CUP 09 -0004: 20398 Blauer Drive
Addressed to: The Planning Commission Members
I have been a resident of Saratoga since 1979. When my late husband and I purchased our home
(corner Regan Lane and Blauer Drive) we were buying into a serene, country-like setting with little
traffic and no four-way stop signs . The area was strictly residential. Now I am living at a very busy
intersection .
Since I do not want to experience any further increase in traffic and congestion and its possible con -
sequences, I strongly oppose opening our neighborhood to a RQW..daycare center. There would not
be sufficient parking spaces for young mothers or fathers to drop off their children; the traffic would
spill over into Blauer Drive and Regan Lane where there are no pedestrian walks and thus would
make walking extremely unsafe.
My kitchen and dinette windows are facing the intersection of Blauer and Regan, so I am living the
traffic situation every day. There is a four-way stop sign now which is observed by many but unfortu-
nately not by all drivers . We have an increase in residential traffic, shoppers coming or going to the
Argonaut Shopping Center, huge delivery trucks backing into the alley at Safeway or making a u-turn
at the intersection; also can be seen Comcast vehicles, landscape companies with sometimes immense
equipment, fire engines, gardeners with trucks and trailers, huge trucks with building material etc.
A fence that surrounds my property has been damaged three times in the course of a few years, and .trn u-
my.\ete husband barely escaped being hit by an automobile at our corner.
When personally walkj}~~ the shopping center I am exercising great caution due to the danger
the traffic constitutes. ifJe young children and their familieffubjected to this environment on a daily
basis? Do we not take responsibility for their safety?
In conclusion, I would like to express my sincere belief that it would be more appropriate and wiser to
find a location for a daycare center in an area that is experiencing less traffic, and as a consequence can
be deemed far safer for small children, their parents and everyone concerned .
Thank you for your consideration,
2~1r~ /J? (}~~~
Jutta M . Jacobs
144
October 14,2009
Bill and Linda Mullen
12960 Regan Lane
Saratoga, Ca 95070
(Tel: 408.867.7833)
REGARDING: Application CUP 09-0004 Blauer Drive
Applicant: Alex Du Von
Aka ... "Daycare Center"
ATTENTION: City of Saratoga I Community Development Department
We are AGAINST the use of this property for the purposes listed in your "Notice
of Public Hearing".
The basis for this opposition are:
1. TRAFFIC
a. There will be a significant cluster of traffic in the early morning
hours and in the late afternoon I early evening period.
i. There is already significant traffic in the early morning at the
adjacent shopping center I Starbucks
ii. There is very limited parking on the property -definitely not
for 50-plus cars
iii. There is very limited queuing possibility at this sight
iv. The corner of Blauer and Regan will become a very busy "U"
turn location -it is already a busy intersection at these times
2. SAFETY
a. There are no sidewalks at this location or in the neighborhood
b. Large delivery trucks use Blauer for delivery and turn in (and exit)
at the alley immediately across from the proposed property
c. There are no outdoor playing facilities for the children -nor could
any proper playing facilities be developed for 50-plus children at
this location
d. Residents: many walk in the neighborhood and Blauer is a major
exit/entrance point -an additional 50-plus cars in the early morning
late afternoon cluster presents an increased walking danger
e. There are no sidewalks, no crosswalks, no street lights in this area
or in the neighborhood
f. There will very likely be an increase in traffic through the
neighborhood
3. FAMILY NEIGHBORHOOD FIRST
a. This area is family neighborhood first -not a commercial
development
b. The shopping center is a convenience and benefit to the
neighborhood -this can not be said for the proposed property use
c. The unwelcome use of our neighborhood streets for parking
145
City of Saratoga
Planning Commission
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: CUP 09-0004; 20398 Blauer Drive
Planning Commission Members,
I have been a resident at 20486 Tricia Way since 1986.
20486 Tricia Way
Saratoga, CA 95070
October 14,2009
Now, the 20398 Blauer Dr. location may be used as a daycare center with up to 56 students at one time. I find
this out of line with the neighborhood.
1. There are usually very long lines of cars with parents dropping off and picking up children at a daycare
center as can be seen on Cox Ave. at the Challenger School. Cox is a two lane road in both directions
while Blauer is a one lane road in both directions. The area for cars to line up will extend past the
Co america Bank parking lot onto Saratoga-Sunnyvale Rd and cause problems on that road. If they line up
in the other direction, the intersection of Blauer and Regan will be impacted. The traffic will be a
nightmare.
2. Safeway (18 wheeler) trucks come quite frequently to Safeway (I can see them from my deck) and have to
make a very wide turn across Blauer to enter the back of the stores. It comes at all times of the day. This
wide turn would be impossible with lines of parents waiting for their children.
3. I wonder if 4 employees can control 56 toddlers in a safe way. Perhaps more employees are in the wings.
I assume the noise level has no place to go but up. We tolerate Starbucks and all the noise and traffic that the
shopping center generates. Please do not add one more burden to our neighborhood.
I urge the Planning Commission to reject the Condition Use Permit for a daycare center at 20398 Blauer Drive.
Yours truly,
Carole Hardy
146
City of Saratoga
Neighbor Notification Form
. -.
Applicant Name: (5AlZd;TOCbf m.y C4/Z2 L6MFI? Date: 1/ 7/0/
Project Address: 2?J398 f2LAVEg J;g Application Number: ____ _
Dear Neighbor,
I am proposing a project at the above address a·nd would like to provide you with an opportunity to
review the proposal and provide comments. All of the adjacent neighbors and the neighbors across
the street from the property are being provided th is notice as a courtesy in advance of the standard
City Notice wh ich will be sent out prior to a decision being made on the project.
The City of Saratoga asks that this form be signed by each neighbor to indica t e that they have had
an opportunity to review the proposal. Please familiarize yourselfwith the proposed pllans.·
NOTE: These plans are PRELIMINARY ONLY and may change as the project moves forward. You may
contact the City of Saratoga's Planning Division at any time to review any changes that may occur.
Please contact the City of Saratoga at 408-868-1222 to speak with the assigned project planner.
My signature below certifies that I am aware of the proposal and have reviewed the plans. '
Neighbor Name: --"C=-....JfJU>-=-fL--=f_S_--'-t+_· -,---A~vJ_~_S _______ Date: !4(~ () (0 tj
NeighbOrAddress:~~~_~~~~D~~~~_L~~~~~~_~~~b_~~J _~_~~~~~~~~~~
C£ #;J1/JtsQ 1& Am , {a~
. i Email: Neighbor Phone #:
Please address any initial concerns with the project below (attach additional sheets if necessary): ,
Revised September 2008
6
147
C:ity of Saratoga
Neighbor Notification Form
Applicant Name: S4!2A1PqA VA./' U9.!.2'C= Ce/vr;5';<: Date: ____ _
Application r-.Jumber: ____ _
Dear Neighbor,
I am proposing a project at the above address and would like to provide you with an opportunity to
review the proposal and provide comments . A ll of the adjacent neighbors and the neighbors across
the street from the property are being provided th is notice as a courtesy in advance of the standard
City Notice which will be sent out prior to a decision being made on the project.
The City of Saratoga asks that this form be signed by each ne ighbor to indicate that they have h ad
an opportunity to review the proposal. Please familiarize yourselfwith the proposed fJ l ans .
NOTE: T hese plans are PRELIMINARY ONLY and may change as the project moves forward. You may
contact the City of Saratoga's Planning Division at any time to rev iew a ny changes that may occur.
Please contact the City of Saratoga at 408-868-1222 to speak with the aSSigned project p lanner.
My signature below certifies that I am aware of the proposal and h ave reviewed the plans.
Neighbor Name: ·yO U G-L-I}-5 S UL L /V/}/fJ Date:
Neighbor Address : _cx-_7_O_L(_~_3 __ !_7(_(_C_(_J1 __ LAJ __ A-_l_f ____________ _
Neighbor Phone #: t..-/O~&:6 7 rJ.)O C;
t E °1 -"D0UC:rSULL @ G()f\./{c;f5;;-NET mal: _____ ~-------__
Pl ease address any initial concerns with the project below (attach additional sheets if necessary): , .
--vvc:z;;0, ~ 0;/4 ~ ~~
~#~~+~.
SIGNATURE : ___ ~~ __ ~~ _____ ~~ ______________________________ ___
Revised September 2008
6
148
Applicant Name:
City of Sa ratoga
Neighbor Notification Form
,-->LP-A;tVL7A=,:!l1:/ aRE c6«~
Project Add ress: _2_m-='-""~="--"~&"--"'-'~=i/;z..-+-..:;;..~-=c;=....L.-~-'-' --=~=+-<---=-__ Appl ication Number: ____ _
Dear Neighbor,
I am proposing a project at the above address a"nd would like to provide you with an opportunity to
review the proposal and provide comments. All of the adjacent neighbors and the neighbors across
the street from the property are being provided this notice as a courtesy in advance of the standard
City Notice which will be sent out prior to a decision being made on the project .
The City of Saratoga asks that this form be signed by each neighbor to indicate that they have had
an opportunity to review the proposal. Please familiarize yourselfwith the proposed Pllans.
NOTE: These plans are PRELIMINARY ONLY and may change as the project moves forward. You may
con ta ct the City of Saratoga's Planning Division at any time to review any changes that may occur.
Please contact the City of Saratoga at 408-868-1222 to speak with the assigned project planner.
My signature below certifies that I am aware of the proposal and have reviewed the plans. -
Neighbor Name: __ i !-'.'J_'-,--\\_~·_\CU_· if\._~_~ __ (_~_"--,-'\_-J:? ___________ Date:
Neighbor Address: __ ~~~\=l_·~~·_C~,~~()~·_~b~. L=,~~~~~;~rL-~~\>~CV~,~ __ ~_'_" __ ~_-__________ _
Neighbor Phone #:
Please address any initial concerns with the project below (attach additional sheets if necessary): , "
----------~---'~-"
, . ------
Revised September 2008
6
149
City of Sa ratoga
Neighbor Notification Form
j /7 ' //JrY. D ate: -If '-F-t -.<.< /+I....=U",---'::::-J,-_
Proj ect Ad dress: _~--,=--=.,------,9=--=:8::"'------f8""",tZ...!:I-=c...,A"--,-:::....~-"",~,,,,--,----K-,-----,,=t;R:....!..-~_ Ap plica ti 0 n N umber: ___ _
Dear ~~eighborf
I am proposing a project at the above address and would like to provide you with an opportunity to
review the proposal and provide comments. All of the adjacent neighbors and the neighbors across
the street from the property are being provided this notice as a courtesy in advance of the standard
City Notice which will be sent out prior to a deCision being made on the project.
The City of Saratoga asks that this form be signed by each neighbor to indicate that they have had
an opportunity to review the proposal. Please familiarize yourselfwith the proposed f'llans.
NOTE: These plans are PRELIMINARY ONLY and may change as the project moves forward. You may
contact t he City of Saratoga's Planning Division at any time to review any changes that may occur.
Please contact the City of Saratoga at 408 -868-1222 to speak with the assigned project planner.
My signature below certifies that I am aware of the proposal and have reviewed the plans .
. ~ ,~ . , ! I
Neighbor Name: __ ~_'~ __ :/"-_''\='"_::..>'.;;;-:e.A::....' _;)_ •. ..../_'A_~\--if-/_i ________ :---____ Date: -=t o ) i D It) 9
i '" O~I ,'I r I ;} ~" J.<., ' .... j <.; '\ J' '1,/" /')'. . {7 0 I Neighbor Address: . [ c:..--iJ--(0 ') p ./ ?<./--1--D <::. t'?C , r / / I "'. ..{ / / { r
. / l ' /lV '. r ,~ ~ 'I (:/ li ) F
Neighbor Phone i : 'f~) Sb-r-i)IG l / Email: .1 l/.;-i.
'-
Please address any initial concerns with the project below (attach additional sheets if necessar\l\:
. UJ1 ~ @~T ~ W ~ ~
t\))) 0",. CiA4l";, .. ~~. . JO[ " 4 Z009 -
CITY OF SA M f U(jt\
tOM MI i/lJlTY DEVELOPMENT
J ~ L
SIGNATURE: '~. . .?L.
--*1 ~==~---'/~--------------------------------------------
Revised September 2008
6
150
City of Saratoga
Neighbor Notification Form
Appl ica nt N a me: _-5-=..!0,---,-,---$-_A--,---r_2?,-=~,,--<-:A-=---_a.o.-}4---,,-.y_Ot.---'--.:-_f?--=-Ce,_-_N----,-n-=--E,-L1<----=--Date: 7 /7 /01 -~ I
Application Number: ____ _
Dear Neighbor,
I am proposing a project at the above address and would like to provide you with an opportunity to
review the proposal and provide comments. All of the adjacent neighbors and the neighbors across
the street from the property are being provided this notice as a courtesy in advance of the standard
City Notice which will be sent out prior to a decision being made on the project.
The City of Saratoga asks that this form be signed by each neighbor to indicate that they have had
an opportunity to review the proposal. Please familiarize yourselfwith the proposed plans.
NOTE: These plans are PRELIMINARY ONLY and may change as the project moves forward. You may
contact the City of Saratoga's Planning Division at any time to review any changes that may occur.
Please contact the City of Saratoga at 408-868-1222 to speak with the assigned project planner.
My signature below certifies that I am aware of the proposal and have reviewed the plans. -
Neighbor Name: _____ ?t7r_·----o~-----'-?-~_t-__ 7 __________ Date: _____ _
Neighbor Address: _______________________________ ___
Neighbor Phone #: __________ _ Emai l:
Please address any initial concerns with the project below (attach additional sheets if necessary): ,
~ ~@~~U ml
JUI 1 4 2009 lYJ
g lTY OF-SAKA TO GA
CO MMONI /'f [JE VELOPME NT
SIGNATURE: _________________________________________________________ _
Revised September 2008
6
NOTICE OF INCOMPLETE APPLICATION
April 9, 2009
Via US Mail
Alex Du Von
P.O. Box 321172
Los Gatos, CA 95032
RE: Application No. CUP09-0004; Use Permit for Daycare Facility at 20398 Blauer
Drive, Saratoga, California
Dear Mr. Du Von:
This letter is in regards to the application and plans submitted to the Planning
Division on March 18, 2009. Staff has reviewed the plans and is requesting the
below items for clarification. Prior to deeming your application complete, the
information noted below must be provided. Please provide the following:
Title Report Please submit to a current title report (dated within 90 days).
Letter of
Authorization
Please provide evidence showing the applicant to being the
owner of the property, or evidence that the applicant is duly
authorized agent of the owner.
Fire
Department
Fees
Please provide evidence of fees paid to the Saratoga Fire
Department.
Neighborhood
Outreach
Provide written documentation that all of the adjacent property
owners have reviewed the plans for the proposed project and
include their comments. A template has been attached for your
convenience (Attachment A).
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
151
Blauer Daycare Facility
Project Address: 20398 Blauer Drive
Application CUP09-0004; Use Permit for Daycare Facility
Page 2
Conditional
Use Permit
Findings
Please provide use permit findings per Section 15-55.070 of the City
Code. I have attached the City Conditional Use Permit requirements
(Attachment B).
Parking
Calculation
Though the site plans show the parking availability, staff is unable
to determine the required number of parking spaces for the
proposed use. Please provide us with that information.
Photos of Site Please provide photos of the proposed project site. Photos should
be from the exterior of all sides of the building.
Hours of
Operation
Please indicate on the plans the hours of operation for the
proposed use.
Number of
Employees
Please indicate on the plans the number of employees necessary
to operate the proposed use.
For additional information concerning the City of Saratoga’s code sections, please
refer to our web site www.saratoga.ca.us. Click on the Municipal Codes link and
use either the table of contents or the search engine to find specific sections.
Please note that it is always difficult to identify all issues at this stage of your application
and there may be additional information requested by the Planning Department or
other agencies during the review process. I will forward comments from other
departments when they are received. Please feel free to contact me at (408) 868-
1212 with any questions that you may have. Your assistance in processing these
comments is appreciated.
Sincerely,
Eric W. Lentz
Associate Planner
City of Saratoga
152
May 19, 2009
Alex Du Von
PO Box 321172
Los Gatos, CA 95032
RE: Notice of Required Traffic Study; 20398 Blauer Drive, Saratoga, California
Conditional Use Permit (CUP 09-0004)
Dear Alex Du Von:
As we discussed on the phone, your application for a daycare facility at 20398 Blauer Drive has
been reassigned to me. Given the potential traffic impacts associated with your proposal, a
Traffic Study is required to determine the number of students that can be accommodated given
existing parking and any potential traffic impacts resulting from the proposed daycare use.
Please submit a traffic study report conducted by a licensed traffic engineer (of your choosing).
The City of Saratoga’s consulting traffic engineer will then conduct a peer study of the report.
The peer study will require a $2,500 deposit. You will be refunded any amount remaining in the
peer study account following final planning approval and occupancy.
The traffic study should include Parking Generation, Trip Generation, Intersection Analysis,
On-Site Circulation Analysis, and Conclusions and Recommendations. Please also include a
Project Description including hours of operation, number of employees, number of classrooms,
number of students per classroom, maximum number of students allowed on site at any one time,
the number of parking spaces dedicated for the tenant space, and the number of parking spaces
shared with other uses in the shopping center.
Sincerely,
Cynthia McCormick
Assistant Planner, City of Saratoga Planning Division
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
153
Please feel free to contact me at (408) 868-1230 with any questions that you may have.
Sincerely,
Cynthia McCormick
June 23, 2009
To: Alex Du Von
Re: Traffic Study
Dear Applicant:
Thank you for submitting the Traffic Study this morning. Staff has reviewed the Traffic Study and has
the following comments on the Traffic Study completed by Hexagon Transportation Consultants.
• Total Required Parking Spaces: The total required parking spaces must include those needed
for both employees and student drop-off. The submitted traffic study does not account for
employee parking. Please resubmit the traffic study to address this requirement.
• Employee Parking: The traffic study must include the number of parking spaces required for the
number of employees proposed. The City of Saratoga requires one (1) parking space for each
employee, including teachers and administrators of a day care center. Per the project description, the
project would require 10 spaces to accommodate the 10 proposed employees, leaving 4 spaces for
student drop-off parking. Based on the parking use rate provided by Hexagon, staff estimates that
the 4 available spaces would accommodate no more than an estimated 11 students.
• Shared Parking: The parking requirements may be satisfied by a common parking facility;
provided that the total number of spaces shall be not less than the sum of the individual
requirements, and provided further, that a contract between the parties setting forth the
agreement for joint use of a common parking facility is recorded in the office of the County
Recorder and a certified copy there is filed with the City. Should the applicant decide to pursue
this option, the traffic study must include a table showing all individual tenants (by name) in the
shopping center, their individual square footages, and their parking requirements per City Code
Section 15-35. Please note that the City of Saratoga requires one (1) parking space for each two
hundred square feet of floor area of office space. Assuming all tenants are office uses, an office
complex of 4,000 SF would require 20 spaces. Based on the parking use rate provided by Hexagon,
staff estimates that the 5 additional spaces would accommodate no more than an estimated 14
students. Should the applicant be able to acquire a lease of the 5 adjacent parking spaces and record
an agreement for joint use of parking, staff estimates that that the 9 shared spaces would
accommodate no more than estimated 26 students (this calculation allows one additional student
based on rounding).
• Street Parking: Street parking is not counted towards the required number of spaces.
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
154
1
Cynthia McCormick
From:Cynthia McCormick
Sent:Tuesday, June 23, 2009 2:58 PM
To:'alexduvon@yahoo.com'
Subject:RE: traffic study comments for day care center at 20398 Blauer Drive.
Dear Alex DuVon,
Thank you for submitting the traffic study this morning.
Please see attached regarding comments on the submitted traffic study for the day care center at 20398 Blauer Drive.
Once the traffic study has been updated with the attached requirements, I will forward the study to the City of
Saratoga’s traffic consultant for peer review and recommendations.
Please note that staff cannot schedule the public hearing until all requirements have been met and all recommendations
have been finalized by the City’s traffic consultant.
Sincerely,
Cindy McCormick
408‐868‐1230
Cc: Hexagon Traffic Consultants
155
1
Cynthia McCormick
From:Cynthia McCormick
Sent:Wednesday, June 24, 2009 3:45 PM
To:'Juliahashemieh'
Cc:'duvonalex@yahoo.com'
Subject:RE: traffic study comments for day care center at 20398 Blauer Drive.
Attachments:traffic study comments.pdf; incomplete letter (June).pdf; Incomplete Letter (April).pdf
Julia –
The Planning Director reviewed your application and has indicated that he would be happy to meet with
you once you do the following:
1) submit the items requested in April (see attached); and
2) submit notification forms for the other two neighbors and address all neighbor’s concerns (see
attached); and
3) propose a solution that meets the City’s parking requirements for day care centers (as discussed in
staff’s comments on the traffic study; also attached).
Cindy
408‐868‐1230
156
June 24, 2009
To: Alex Du Von (applicant)
CC: Julia Hashemieh
Re: Conditional Use Permit Application status
On April 9 2009, the City sent you a letter indicating that you would need to submit additional
information prior to deeming your application complete (see attachment). Staff has not yet received
the following items: Title Report, Neighborhood Outreach forms for two (2) of five (5) neighbors,
Conditional Use Permit Findings, Photos of Site, and Hours of Operation.
Please note that a “property profile” does not satisfy the requirement for a copy of the title report.
Please submit notification forms for 13035 Regan Lane (behind the property) and 12948 Saratoga-
Sunnyvale Road (across the street). To date, two neighbors have indicated concern with regard to
potential traffic issues. One neighbor also indicated concern regarding potential noise impacts.
The purpose of the City’s off-street parking regulations is to alleviate or prevent shortage of off-street
parking and insulate surrounding land uses from impact. The purpose of the traffic study is to review
potential traffic and parking issues. The traffic study may also help address neighbor concerns.
According to the traffic study (submitted on June 23rd), the property does not have enough parking
to accommodate the number of students proposed. This would potentially result in spillover traffic
into the adjacent shopping center and neighborhood.
After meeting with the Planning Director, staff recommends that you reduce the number of students
and/or the number of employees, in accordance with the available parking (14 spaces). As indicated
in previous correspondence, one parking space is needed for each employee, and 0.34 parking
spaces is needed for each student. Please be advised that the Community Development Department
does not encourage shared parking because it restricts the types of uses that the adjacent property
owner can accommodate, given the reduced parking available for their use.
The Planning Director would be happy to meet with you once you submit the items requested in
April, address the neighbor’s concerns, and propose a solution that meets the City’s parking
requirements for day care centers (as discussed in staff’s comments on the traffic study).
Please feel free to contact me at (408) 868-1230 with any questions that you may have.
Sincerely,
Cynthia McCormick
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
157
1
Cynthia McCormick
From:Cynthia McCormick
Sent:Tuesday, September 01, 2009 4:29 PM
To:'Juliahashemieh'
Subject:RE: day care center at 20398 Blauer Drive.
Attachments:traffic study.doc
Julia –
Before I can send the Hexagon report to our traffic consultant for peer review (and consideration of your proposal), we
need to collect the deposit and flat fees for their review. This deposit was requested in May (see attached). The letter
was originally addressed (and sent) to Alex Du Von who is still the primary applicant in our records.
I did not realize that the fees were not paid yet, but I think we may have put the fee collection on hold while you were
working with Hexagon. We will now need to collect the fees if you are moving forward without the survey from
Hexagon. The $2,500 deposit and $500 flat fee will need to be collected regardless of the survey.
Thanks for your time!
Cindy
408‐868‐1230
158
September 17, 2009
To: Alex Du Von (applicant)
CC: Julia Hashemieh
RE: Public Hearing for Conditional Use Permit
Dear Mr. Du Von and Ms. Hashemieh:
The above referenced project has been scheduled for a Site Visit and Public Hearing. Staff
recommends that you are present at both the site visit and public hearing to answer questions.
Please see the attachment regarding what to expect during the site visit and Public Hearing.
The Site Visit will occur at the subject property on Tuesday, October 13th between 3:30 and
5:00pm. The Public Hearing will commence the following day, Wednesday, October 14th
starting at 7:00 pm in the City Hall Theater, located at 13777 Fruitvale Avenue. The time the
item will be heard will depend on other projects on the agenda.
IMPORTANT:
1) Please update the plans to indicate the total number of employees and students you propose.
2) Currently, the plans do not show any play equipment. I have assumed that you will not have
play equipment in the front yard of the building. If you intend to put play equipment in the
front yard (which staff does not recommend), please indicate so on the plans and provide
details of the equipment (pictures and brochures with dimensions).
3) Please provide details (height, color, and materials) of the proposed fence, gate, and bridge.
Please provide me with the following no later than 2:00 pm Friday September 25th:
1 - Full size complete plan set; 24” x 36” (stapled / folded)
2 – Copies of the Site Plan and Floor Plan; 24” x 36” for display (loose rolled sheets)
15 - Reduced size complete plans sets; 11” x 17” (3-hole punched, stapled, z-folded)
The plans should include the items above concerning the number of employees and students,
clarification regarding the playground equipment, and details for the fence, gate, and bridge.
Please feel free to contact me at (408) 868-1230 with any questions that you may have.
Sincerely,
Cynthia McCormick
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
159
1
Cynthia McCormick
From:Cynthia McCormick
Sent:Thursday, September 17, 2009 3:10 PM
To:'Juliahashemieh'; 'alexduvon@yahoo.com'
Subject:next steps
Attachments:Complete Letter.pdf; Planning Commission meeting info.pdf
Dear Mr. Du Von and Ms. Hashemieh:
As discussed in our meeting on Tuesday, the above referenced project has been scheduled for a Site Visit and
Public Hearing. Staff recommends that you are present at both the site visit and public hearing to answer
questions. Please see the attachment regarding what to expect during the site visit and Public Hearing.
The Site Visit will occur at the subject property on Tuesday, October 13th between 3:30 and 5:00pm. The
Public Hearing will commence the following day, Wednesday, October 14th starting at 7:00 pm in the City
Hall Theater, located at 13777 Fruitvale Avenue. The time the item will be heard will depend on other projects
on the agenda.
IMPORTANT:
1) Please update the plans to indicate the total number of employees and students you propose.
2) Currently, the plans do not show any play equipment. I have assumed that you will not have play
equipment in the front yard of the building. If you intend to put play equipment in the front yard (which
staff does not recommend), please indicate so on the plans and provide details of the equipment (pictures
and brochures with dimensions).
3) Please provide details (height, color, and materials) of the proposed fence, gate, and bridge.
Please provide me with the following no later than 2:00 pm Friday September 25th:
1 - Full size complete plan set; 24” x 36” (stapled / folded)
2 – Copies of the Site Plan and Floor Plan; 24” x 36” for display (loose rolled sheets)
15 - Reduced size complete plans sets; 11” x 17” (3-hole punched, stapled, z-folded)
The plans should include the items above concerning the number of employees and students, clarification
regarding the playground equipment, and details for the fence, gate, and bridge.
Please feel free to contact me at (408) 868-1230 with any questions that you may have.
Sincerely,
Cynthia McCormick
160
1
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166
IJII"'~
...... A ~~XAGON T~ANSPOHATION CONSUlTANTS ,INC.
Date:
To:
From:
June 18 ,2009
Nader Sarveresth
Gary Black
Massimo LoPorto
Memorandum ~ U~UI~ ~
m1 JUN L 3 2009 ill)
CITY OF SARATOGA
COMMUNITY DEVELOPM ENT
Subject: Site Access , Circulation and Parking Study for the Proposed Daycare Facility located at
20398 Blauer Drive in Saratoga, California
Hexagon Transportation Consultants has completed a site access , circulation , and parking study for the
proposed daycare facility located at 20398 Blauer Drive in Saratoga , California. The proposed project site
is located approximately 300 feet east of the Saratoga Sunnyvale Road /Blauer Drive int e rsection , on the
south side of Blauer Drive. The project proposes to reoccupy the former real estate office building and
would serve up to 80 students with up to 10 employees. The existing building is approximately 5,000
square feet (s.f.) and sits approximately 25 feet back from Blauer Drive. The site is accessed by two
driveways joined by a one-way circulation aisle providing access to a 14 -space parking lot. The site
location is shown on Figure I.
The purpose of this study is to satisfy the requirements of the City of Saratoga by identifying any site
access , circulation and parking deficiencies ofthe proposed project. The study identifies the site's
existing conditions, estimates the number of vehicle trips and parking generation due to the proposed
project , compares the project conditions to the requirements ofthe City of Saratoga, and draws
conclusions peliaining to th e suitability of the project site for the project's trip generation and parking
generation.
Existing Conditions
The project site is located on a parcel adjacent to an occupied office complex. The on-site traffic
circulation is one-way. Inbound traffic enters the site at the westernmost driveway, and outbound traffic
exits the site at the easternmost driveway. Both driveways are 32 feet wide (see Figure 2).
Saratoga Sunnyvale Road is a four-lane divided aJierial with median breaks for left-turn access lanes in
the vicinity ofthe project site. Saratoga Sunnyvale Road has bicycle lanes in both directions. The
Saratoga Sunnyvale Road /Blauer Drive intersection is signalized with left-turn lanes on all approaches
and has protected left-turn phasing.
Blauer Drive is two-lane local street that begins at Saratoga Sunnyvale Road and continues east where it
changes its designation to Chateau Drive. Blauer Drive provides access to the project site and forms the
nOlihern project boundary. Blauer Drive has a 25-foot westbound left-turn pocket that serves the inbound
traffic for the project site.
40 Sou th Market Stree t, Suite 600 • San Jose , Ca lif orn ia 95113
phone 408 .971.6100 • fax 408.971.6102 • www.hextrans.com
167
L E GEND
i:::::::::::::III I = Site Location
., = Study Intersect ion
~ H exagon
~ Tra nsporta tion Consu lt ant s, In c .
Blauer Dr
..............
..............
..............
Chateau Dr
@
NORTH
Figure 1
SITE LOCATION
AND STUDY INTERSECTION
20398 Bla uer Dr Day Ca re
168
Figure 2
~ Hexagon SITE PLAN
~ Transportation Consultants, Inc . 20398 Blauer Dr Day Care
169
Mr. Nader Sarveresth
Ju ne 18, 2009
Page 40f9
Manual peak hour turnin g movement co unts were co ndu cted at th e inte rsection of Saratoga S unn yva le
Road and Blauer Dri ve. These count s a re included in A pp e ndi x A of this repOit.
Level of Service Analysis
Traffic conditions at th e stud y intersec tion were eva luate d u s in g leve l of serv ice (LOS). Level of Serv ice
is a qualitati ve d escr iption of operating conditions ran g in g fro m LOS A , or free-flow co ndition s with littl e
or no d e la y , to LOS F , or jamme d conditions w ith excess ive de lays. The variou s analysis m ethod s are
d esc rib e d be lo w.
The City of Saratoga us es the Santa C lara Co un ty CMP leve l of se rv ice m et hodol ogy, T RAFFJ X , for
evaluati o n of s ig nali zed inte rs ection s. TRAFFIX is based on the 20 00 Highway Capacity Manua l (2000
H CM) met hod for s ig nali ze d in tersections. TRAFFIX eva lu ates s ig n a li zed int e rsecti o n operations on the
ba s is of average control delay time for all veh ic les at th e intersection. Co ntrol delay is th e amount of
d e la y that is attr ibute d to the palt ic ular traffic co ntrol d ev ice at the inte rsect io n, and in c lud es initi a l
d ece le rat io n d e la y , queue mo ve-up tim e , sto pp e d d e lay , and final acceleration d e lay. The corr e lation
between average de lay and leve l of se rv ice is s ho w n in Table 1.
Table 1
Signalized Intersection Level of Service Definitions Based on Control Delay
Level of
Service
A
B
C
D
E
F
Description
Operations w ith very low d elay occurring w ith favorable progression
a nd /or short cycle lengths .
Operation s with low de lay occurring wi th good prog re ss ion and/or
short cycle le ngths .
Operation s w ith average delays resulting from fa ir progression
and/or longer cyc le lengths . Indi v idual cycle failures begin to
appear.
Operation s w ith longer delays due to a combination of unfa vorabl e
progressi on, long cycle length s, or high VIC ratios. Many vehicles
stop and indi v idual cycle fa ilure s are no t iceable.
Operations w ith high delay va lu es indi cat in g poor progression , long
cycle le ngths , and high VIC ratios. In dividual cycle failures are
frequ e nt occurrences . Thi s is co ns id ered to be the limit of
acceptab le del ay .
Operation w ith de lays unacceptable to mos t d rive rs occurr in g du e
to oversaturation , poor progression , o r very long cyc le lengths .
Average
Contro l Delay
Per Vehi c le
(Sec.)
Up to 10 .0
10 .1 to 20.0
20.1 to 35.0
35.1 to 55.0
55.1 to 80 .0
Greater t ha n 80 .0
Source : T ranspo rtation Research Board , 2000 Hig hway Capacity Manua l , (Washin gton , D.C., 2000 ).
170
]vIr . Nad er Sarveresth
June 18, 2009
Page 5 0/9
Levels of Service U nde .. Ex istin g Conditions
T he ex istin g c ounts at the inte rsection of Sa ratoga S unn yva le Road and Blau e r Driv e were u sed to
ca lcul a te ex istin g leve ls of serv ice. The int ersect ion of Sa rat oga S un nyva le Road a nd Blauer Dri ve
c urre ntl y operates at acceptable leve ls of se rv ic e durin g both peak ho urs (see Table 2). The leve l of
se rv ic e c al c ulation s h eet s are in c luded in A pp e ndi x B of thi s re po11.
Table 2
Leve l of Service Summary
Ex isting Ex is ting + Project
Peak Count Avg . Avg . Change in
Intersection Hour Date De lay LOS D elay LOS Delay /a/
Sa ratoga Sunnyva le Rd . and B lauer Dr. AM 6/11/09 9 .6 A 10 .9 B+ +1.3
PM 6/11/09 13.9 B 15 .3 B +1.4
Notes :
/a/ Change in delay is measured relative to Existing CondITions .
Trip Generation Estimates
Through e mpirical re se arc h , data hav e been co ll ected that co rre lat e to co mmon la nd uses their prop e n s ity
for producin g traffi c. Thus, for th e most common land us es there are st an d a rd trip ge neration rates that
can b e applied to h e lp pr e di ct th e future traffic increases th at wo uld result from a new d eve lopm e nt.
Hexagon has pre pare d a proj ect trip es timate bas e d on trip ge neration rates obtained from fTE 's Trip
Generation, E ig hth E dition. The trip generation estim a tes concentrate on the AM a nd PM pe ak hours of
traffic . T hese occur b etween th e hours of7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM , respective ly.
Utilizing th e ITE trip ge ne ration rates, it is es timate d that th e proposed d aycare facility wo uld generat e 64
trips in the AM p eak hour and 66 trips in th e PM p eak hour (see Table 3). Th e ve hicl e trip s would co n s ist
of e mpl oyee trips and pare nt s and c areg ive rs briefly pa rkin g in o rd e r to assist th e ir c hildre n w ith e nt e rin g
and ex itin g th e dayca re facility. The average pa rkin g dura tion would be a f ew minutes.
It was assumed that al l the proj ect-ge nerate d traffi c wo uld originate from Saratoga S unn yva le Road and
not from the re s id e ntial ne ig hborhood to th e east of th e proj ect s it e. There are no major thoroughfares to
th e east of the project site, and it is not a nticipated th at the proj ec t wo uld create c ut -throu g h traffic
through th e n e ig hborhood. It is pos s ible that som e n e ig hborh oo d resi d e nts would use th e d aycare facility ,
but th e ir trip s wo uld not be co n s id ered c ut-throu g h traffi c beca use they wo uld ori g inate in the
nei g hborhood .
The trip distribution p a tt e rn for proj ect-gene rat e d traffi c \vas estimate d based o n traffic pattern s at the
Sa rato ga S unn yva le Road/Blauer Dri ve intersection. Based o n th e turnin g movem e nt s at thi s intersection ,
37% of the proj ect traffi c would travel to /f ro m th e n orth and 63% wo uld travel to/from th e so uth on
Saratoga Sunnyvale Road.
Leve ls of Service Under Ex isting Plus Project Conditions
With th e a ddition of proj ect-gen erate d traffic, th e inte r section of Saratoga S unn yva le Road and Blauer
Dri ve would operate at acceptable leve ls of se rv ice durin g both peak hours (see Table 2). The le ve l o f
service calculation s h eets are included in A pp e ndi x B of thi s repo11 .
171
Mr . N ader S arveresth
J une 18, 2009
Page 6 0/9
Tab le 3
Project Tr ip Generation Estimate
AM P ea k Hour PM P ea k Hour
Land U se Siz e Rat e /a/ In Out Total Rat e /a/ In
Day C a re Cente r fb/ 80 children 0.8 0 3 4 3 0 6 4 0 .8 2 3 1
Note s:
lal Ra te s ex presse d in trips per child .
Ibl Trip generation rat e s for Day Car e Cente r (lTE Land Use #565 ) use d fo r the pr oj ect.
Sour ce of Trip Ge ne ration Rate s: ITE Trip G eneratio n, 8th E diti on.
S ite Access, Circu lat ion and Park ing
Out Total
35 66
T he s it e access , c irc ul ati o n, a nd pa r k in g an a lys is were based up o n fi e ld s ur veys of th e proj ect s it e
condu ct e d o n Jun e 16 ,2 009.
Site Access
T he proj ect wo uld ut iliz e th e exi stin g o ne-way dri veways o n th e s it e th at conn ect to B la ue r D r ive . Th e
weste rnm ost dri veway se rves inb o un d t ra ffi c a nd th e east e rnm ost dri veway serves o utb o und t raffi c . Both
dri ve ways a re 32 f eet w id e. Du e to th e re la ti ve ly low vo lum e o f tra ffi c trave lin g o n Bl a ue r Drive, th e
e x ist in g e ntran ce a n d ex it dri veways would be a d e qu a te f o r th e proj ect.
Site Circulation
P a rkin g on th e s it e is prov id e d on th e s outh e rn a nd easte rn pe rim et er. T h e sou th e rn pe rim eter h as a row o f
9 parkin g spaces (one ha ndi ca pp e d sta ll ), a nd th e easte rn pe rim e te r has a ro w of 5 park in g sta ll s . T he
parkin g spaces a re o r ie nt ed at 9 0 -degrees t o th e dri ve ai s le and are 10 feet in w idth and 2 0 feet in le ng th.
S uffic ie nt ro o m fo r ve hi c le turnin g a nd m a ne uverin g is p rov id e d in th e pa rkin g lo t.
Emergency Vehicle and Tru c k Access
Th e ex ist in g s it e was c hec ke d for e m e rge ncy vehi c le and tru ck access u s in g t r uc k turni ng m oveme nt
t e mpl a t es SU-3 0 , r e prese ntin g s mall a nd m e dium-s ize t r uc k s, and WB -4 0 , r epresentin g sem i-tra il e r
tru cks. T he ex istin g B lau e r Dri ve s ite a ccess dri veways wo uld pe rmit access to SU-3 0 a nd WB -4 0 tru c k s ,
s uc h as d e li very vehi c les and s m a ll e m e rgency vehi c les . H owever, th e dri ve a is le in th e rear of th e s ite
wo uld not be a bl e to a cco mm o date th e turnin g ra dii of th ese tru cks.
Du e to t he re la ti ve ly limit e d numb er of d e li very it e m s re qui re d for th e pro p osed p roj ect use, t e mp orary
p a rk in g fo r SU-3 0 a nd WB-4 0 tr uc k s f o r load in g could be acco mm o d ated o n th e proj ect fro ntage o n
Bl a ue r Dri ve.
Parking Supply and Demand
F rom num e ro u s park in g studi es c onduc te d across the c ountlY, d a ta have b een c oll ecte d th at corr e late
pa rk in g ge nerat ion to co mm o n la nd uses. Hexagon has p rep are d a p roj ect parki ng gene rati o n est imate
based o n ITE 's P arkin g Ge neration , Th ird Editio n , 2 004. It s ho uld be m e nt io ne d th at o u r p rev io us
expe ri e nce w ith workin g o n d aycare cent e rs in Sa ra toga is th a t th e C ity prefers th e 8 5 th p e rcentil e be used
for pa rkin g gene ra tion . T hu s, t he pa r k in g gene ra ti o n estim a t es are based o n th e 85 th pe rcentil e rate .
172
M r. N ader S ar veresth
Ju n e 18, 2 009
P age 7 0/9
Ba se d on ITE parkin g g en e ration rates, th e peak parkin g d e ma nd wo uld be 27 pa rkin g sta ll s (see T a bl e 4).
T h e proj ect s it e plan sho ws a tota l of 14 park in g s paces . Thu s , th e proj ect s it e wo uld be d e fi c ie nt by 13
pa rkin g s paces. Thi s parkin g de fi c ie ncy co uld c re ate spill over to th e a dja cent prop e rty or onto Bl a ue r
Dri ve . T he proj ect front age on Blaue r Dri ve c ould a cc ommodate f our pa rk e d cars . If th e four pa rkin g
s paces a v ail a bl e on th e fr o nta ge on Blau e r Dri ve were c on s id ere d o n-s it e p a rkin g , th e parking d e fi c ie n cy
wo uld be redu ced fr o m 13 p a rkin g spaces to 9 pa rkin g s paces.
A dj ace nt to th e proj e ct s it e o n th e west is a 4 ,000 s .f. o ffi ce c ompl ex w ith 25 pa rkin g spaces. A lth o ug h
th e spaces are f o r pri va te use o nl y , s om e d ayca re p a re nt s may d ec id e t o pa rk ill ega ll y . Th e t en ants in t he
a dja cent offi ce co mpl ex may co mpl a in if thi s were to occur, a nd it s ho uld not be a ss um ed by th e proj ect
appli cant that parkin g on thi s pro pe rty for th e daycare cente r wo uld b e pe rmitte d .
Based on ITE p a rkin g ge ne ra ti o n ra tes , th e p eak park in g d e m a nd fo r th e a djacent offi ce c ompl ex is 14
parkin g s paces . As m e nti o n e d above, thi s o ffi ce co mpl ex has 2 5 pa rkin g s pa ces. T he re fo re , thi s compl ex
m ay ha ve a parkin g s urplu s o f I I pa rkin g spaces . A n a rra ngem e nt may be abl e to be mad e b etween th e
proj ect applicant and th e a dja cent office co mpl ex to lease th e 9 add iti o na l pa rin g s paces re quire d f or th e
daycare cente r.
If a n arran ge me nt ca nn ot be m a d e between th e p roj ect a ppli cant a nd the pro pe rty owne r of th e a dj ace nt
o ffi ce compl ex t o lease a dditi o na l p ark in g sp aces, th e proj ect would nee d to se rve a re du ced num be r of
c hildre n . Us in g th e ITE 8 5th pe rce nt il e park in g ra t e fo r th e d aycare cent e r, th e proj ect wo uld need t o
re du ce th e numb e r o f c hildre n it serves by 4 0, for a t ot a l of up to 4 0 c hildre n, to stay w ithin th e 14
p a rkin g s paces s uppli ed o n-s it e.
If th e f o ur pa rkin g s p aces o n th e proj ect fr o ntage o n Blaue r Dri ve we re c on s id e re d on-site parkin g , th e
d aycar e could serve up to 52 c hildre n .
Tab le 4
Park in g Generation Est imate
Parking Use/Capacity
Day Care Center fb/
Parking Spaces Provided On-Site /d
Si ze Units Rate /a/ Parking Spaces
80 childre n 0.34 27
14
Numbe r of De fici ent Pa rkin g Spaces -13
Not es:
l al Rate s expre ssed in term s of pa rking spa ces pe r child .
Ibl Parking gen e ration rat es for Day Care Cente r (ITE Land -Us e Cod e #56 5) us ed f or th e proj ec t.
Icl Number of parking s paces provid e d on-s ite obta ined from project site plan date d Ap ril 3 0 , 2 009 .
Source for rates : ITE P arking Genera ti on, 3rd Edition , 2004 .
Pedestrian and Bicycle Access and Circulation
With th e exce ption ofa s ma ll po rti o n , Blau e r Dri ve d oes not have s id ewa lks o n e ith e r s id e o f th e street.
Th e proj ect s it e pl a n d oes not indi cate th at a s id ewalk wo uld be built w ith th e pr o posed proj ect. T he
a dj acent p ro pe rti es a nd th e ne ig hborh ood to th e eas t o f t h e proj ect s it e d o n ot have s id ewa lks. It is not
reco mm e nd e d th a t th e proj ect a ppli ca nt co nstru c t a s ide w al k on th e proj ect fr o ntage because th e re is no
s id ewa lk ne tw o rk to co nn ect to . Al s o , th e proj ect is ex pected to ge ne r ate o nl y a minimal a m o unt of
pe destrian tra ffi c.
173
Mr . Nader Sarveresth
June 18, 2009
Page 8 0/9
Crosswa lk s w ith pedestrian pushbuttons and s ig nal heads are present at the Sarato ga Sunnyva le
Road/Blauer Drive intersection. Sidewalks are present on both s id es of Saratoga S unnyva le Road.
Bicycle lan es are present in both travel directions on Saratoga S unn yva le Road.
Conclusions
The intersection of Saratoga S unn yvale Road and Blauer Drive currently operates at acceptable leve ls of
se rv ice and wou ld continu e to operate at acceptable levels w ith the addition of project-generated traffic.
The propos e d project would generate 64 AM and 66 PM peak hour ve hicle trips.
The proposed project wo uld ge n erate the need for 27 parking spaces, creating a parking deficiency of 13
parking spaces. The maximum number of c hildren that the project could serve w ith the existing on-site
parking supp ly wou ld be 40 c hildren. The daycare could serve 52 children ifth e four parking spaces on
the project frontage on Blauer Drive we re cons id ered on-site parking.
The adjacent office comp lex imm ed iately west of the project site may ha ve a parking surp lu s and may be
wi llin g to leas e the 9 addit iona l required parking spaces for the proposed daycare. It is recommended that
the project applicant contact the propeliy owner of the office to discuss the pote ntial for leas in g parking
spaces for the proposed daycare center.
174
20398 Blauer Drive Daycare
Technical Appendices
Jun e 18 , 2 009
175
Appendix A
Traffic Count Data
176
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177
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178
Appendix B
Intersection Level of Service Calculations
179
COMPARE Tue Ju n 1609:51:47 2009
20398 Blauer Drive Day Care
Saraloga, CA
Hexagon Transportalion Co nsu llanls , Inc.
Level Of Se rvice Compulal io n Rep ort
2000 HCM Operal io ns (Ful ure Vo lume Allernative )
Exi sling (AM )
Int ers ectio n #1: Saratoga Sunnyvale Rd and Blau er Dr
Final Vol :
o
o
o
Lanes:
o
o
o
o
o
Signal=ProtecUR ig hts=lnciude
Final Vol : 0 3 13 28'"
La nes: 0 0 2 0
S ign a l=Protect
Rights=lnclude
j-
~ ---.
=t
Lanes:
Final Vol :
~4t~~
Vol Cnt Date :
Cycle Time (sec):
Loss T ime (sec):
Critica l VIC :
Avg Crit Del (s ec/veh):
Avg Delay (sec/veh):
6/11/2009
100
9
0 .322
9 .6
9 .6
LO S: A
1 0 o
2 84
Si gnal =ProtecURights=lnciude
Sign al=Protect
Rights=Overlap
~
J.-
+-
}
La nes :
o
o
o
Fina l Vol :
o
66
Street Name : Saratoga Sunnyvale Rd Blauer Dr
Approach : North Bound South Bound East Bound West Bound
Movement : L T R L T R L T R L T R
------------1---------------1 1---------------1 1---------------1 1---------------1
Min . Green : 0 0 0 0 0 0 0 0 0 0 0 0
Y+R : 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0
------------1---------------1 1---------------1 1---------------1 1---------------1
Volume Module : » Count Date : 11 Jun 2009 «
Base Vol : 2 775 84 28 313 0
Growth Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
Initial Bse : 2 775 84 28 313 0
Added Vol : 0 0 0 0 0 0
PasserByVol : 0 0 0 0 0 0
Initial Fut : 2 775 84 28 313 0
User Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
PHF Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
PHF Volume : 2 775 84 28 313 0
Reduct Vol : 0 0 0 0 0 0
o 0
1. 00 1. 00
o 0
o 0
o 0
o 0
1 .00 1 .00
1 .00 1 .00
o 0
o 0
o
1. 00
o
o
o
o
1. 00
1. 00
o
o
66 0
1.00 1.00
66 0
o 0
o 0
66 0
1. 00 1. 00
1. 00 1. 00
66 0
o 0
107
1. 00
107
o
o
107
1. 00
1. 00
107
o
Reduced Vol : 2 775 84 28 313 0 0 0 0 66 0 107
PCE Adj : 1 .00 1.00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
MLF Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
FinalVolume : 2 775 84 28 313 0 0 0 0 66 0 107
------------1---------------1 1---------------1 1---------------1 1---------------1
Saturation Flow Module :
Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Adjustment : 0.92 0 .98 0 .95 0 .92 1 .00 0 .92 0 .92 1 .00 0 .92 0 .92 1 .00 0 .92
Lanes : 1 .00 1 .80 0 .20 1 .00 2 .00 0 .00 0.00 0 .0 0 0 .00 1 .00 0 .00 1 .00
Final Sat .: 1750 3338 362 17503800 0 0 0 0 1750 0 1750
------------1---------------1 1---------------1 1---------------1 1---------------1
Capacity Analysis Module :
Vol/Sat : 0 .00 0 .23 0 .23 0 .02 0 .08 0 .00 0 .00 0 .00 0 .00 0 .04 0 .00 0 .06
Crit Moves :
Green Time :
Volume/Cap :
Delay/Veh :
User OelAdj :
AdjDel/Veh :
LOS by Move :
HCM2k95thQ :
****
1.1 72 .0
0 .11 0.32
51.6 5 .2
1 .00 1 .00
51.6 5.2
D-A
o 10
72 .0
0 .32
5 .2
1. 00
5 .2
A
10
****
5 .0 75 .9
0.32 0 .11
48 .0 3 .2
1 .00 1 .00
48 .0 3 .2
D A
3 3
0 .0
0 .00
0 .0
1. 00
0 .0
A
o
0 .0 0 .0
0 .00 0 .00
0 .0 0 .0
1. 00 1. 00
0 .0 0 .0
A A
o 0
Note : Queue reported is the number of cars per lane.
0.0
0 .00
0 .0
1. 00
0 .0
A
o
14 .0 0 .0
0.27 0 .00
39 .0 0 .0
1.00 1.00
39 .0 0 .0
o A
4 0
****
19 .0
0 .32
35 .5
1. 00
35 .5
D+
7
Page 3·1
Traffix 8 .0 .0715 Copyright (c) 2008 Dowling Associates , Inc. Licensed to H exagon Trans., San Jose
180
COM PAR E Tue Jun 1609:51:472009
20398 Blauer Drive Da y Care
Saratog a , CA
Hexa gon Transportation Consu ltants, Inc.
Level Of Service Computat ion Report
2000 HCM Operations (Future Vol ume Alternat ive)
Existing (PM )
Int ersection #1: Saratoga Sun nyva le Rd and Blauer Dr
Final Vol :
o
o
o
Lanes :
o
o
o
o
o
Final Vol :
Lanes :
Signal=Protect
Rights=lnclude
j-
--t --...
=f
Lanes :
Fina l Vol :
Signal =Pro tecU Rights=lnciude
o 883-' 33
Vol Cn t Date:
Cycle T ime (sec):
Loss Time (sec):
C rit ical VIC :
Avg Crit Del (sec/veh):
Avg De lay (sec/veh):
6/11 /2009
100
9
0 .379
13.4
13.9
LOS : B
1 0 o
3'" 4 42 56
Signa l=ProtecU Rights=lnclude
Signal =P rotect
Rights=Overiap
~
J-...-r
La nes:
o
o
o
Final Vol :
55
o
194 '"
Street Name : Saratoga Sunnyvale Rd Blauer Dr
Approach : North Bound South Bound East Bound West Bound
Movement : L T R L T R L T R L T R
------------1---------------1 1---------------1 1---------------1 1---------------1
Min . Green : 0 0 0 0 0 0 0 0 0 0 0 0
Y+R : 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0
------------1---------------1 1---------------1 1---------------1 1---------------1
Volume Module : » Count Date : 11 Jun 2009 «
Base Vol : 3 442 56 33 883 a a a a 194 a 55
Growth Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
Initial Bse : 3 442 56 33 883 0 0 0 0 194 0 55
Added Vol : 0 0 0 a 0 0 0 a 0 0 0 0
PasserByVol : 0 0 0 0 0 0 0 a 0 0 0 0
Initial Fut : 3 442 56 33 883 0 0 0 0 194 0 55
User Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
PHF Adj : 1 .00 1.00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
PHF Volume : 3 442 56 33 883 0 0 0 0 194 0 55
Reduct Vol : a a 0 0 a a a a a a a 0
Reduced Vol : 3 442 56 33 883 a a a a 194 a 55
PCE Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
MLF Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
FinalVolume : 3 442 56 33 883 a a a a 194 0 55
------------1---------------1 1---------------1 1---------------1 1---------------1
Saturation Flow Module:
Sat/Lane : 1900 1900 1900
Adjustment : 0 .92 0 .98 0 .95
1900 1900
0 .92 1. 00
1900
0 .92
1900 1900
0 .921.00
1900
0 .92
1900 1900
0 .921.00
1900
0 .92
Lanes : 1 .00 1 .77 0 .23 1 .00 2 .00 0 .00 0 .00 0 .00 0 .00 1 .00 0 .00 1 .00
Final Sat .: 1750 3284 416 1750 3800 0 0 a 0 1750 a 1750
------------1---------------1 1---------------1 1---------------1 1---------------1
Capacity Analysis Module :
Vol/Sat : 0 .00 0 .13 0 .13 0 .02 0 .23 0 .00 0 .0 0 0 .00 0 .00 0 .11 0 ,0 0 0 .03
Crit Moves :
Green Time :
Volume/Cap :
Delay/Veh :
User DelAdj :
AdjDel/Veh :
LOS by Move :
HCM2k95thQ :
****
0 .5 54 .2
0 .38 0 .25
77.4 12 .2
1. 00 1. 00
77.4 12 .2
E-B
1 8
54.2
0 .25
12.2
1. 00
12 .2
B
8
****
7.6 61 .3
0 .25 0 .38
44.5 9 .9
1. 00 1. 00
44 .5 9 .9
D A
3 13
0 .0
0 .00
0 .0
1. 00
0 .0
A
a
0 .0 0 .0
0.00 0 .00
0 .0 0 .0
1. 00 1. 00
0 .0 0 .0
A A
o a
Note : Queue reported is the number of cars per lane .
0 .0
0 .00
0 .0
1. 00
0 .0
A
a
****
29 .2 0 .0
0 .38 0 .00
28 .6 0 .0
1. 00 1. 00
28 .6 0 .0
C A
10 a
36 .8
0 .09
20 .7
1. 00
20 .7
C+
2
Pa ge 3-2
Traffix 8 .0 .0 715 Copyright (c) 2008 Dowling Associates , Inc. Lice nsed to He xagon Trans ., San Jose
181
COMPA RE Tue Jun 1609:5 1:47 2009
20398 Blau er Driv e Da y Ca re
Saratoga , CA
Hexagon Transporta tion Consu lta nts , Inc .
Level Of Serv ice Computat ion Report
2000 HCM Operati ons (Ful ure Volume Alternati ve)
Ex ist ing + Proj (AM )
Intersection #1: Saratoga Sunnyvale Rd and Blauer Dr
Fin al Vol :
o
o
o
Lanes :
o
o
o
o
o
Signal=ProlecU Rights=lncl ude
Fin al Vol : 0 313 41 "·
Lanes : 0 0 2 0
S ignal=Pro tect
Righls=lnclu de
j-
~
~ r
Lane s:
Fin al Vol:
~4.~·~
Vol Cnt Date :
Cycl e Time (sec):
Loss Tim e (se c):
Cri ti cal VIC.
Avg Crit Del (sec/veh ):
Avg Delay (sec/veh ):
6/1112009
100
9
0.341
10.5
10.9
LO S: B+
1 0 1
775"·
o
2 105
Sign al=ProtecURights=ln clu de
Sign al=Protect
Rig hts=Overlap
-t.
J-
+-r
Lanes :
o
o
o
Fina l Vol:
118
o
85 '··
Street Name : Saratoga Sunnyvale Rd Blauer Dr
Approach : North Bound South Bound East Bound West Bound
Movement : L T R L T R L T R L T R
------------1---------------1 1---------------1 1---------------1 1---------------1
Min . Gre e n : 0 0 0 0 0 0 0 0 0 0 0 0
Y+R : 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0 4 .0
------------1---------------1 1---------------1 1---------------1 1---------------1
Volume Module : » Count Date : 11 J u n 2009 «
Base Vo l : 2 775 84 28 313 0 0 0 0 66 0 107
Growth Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
Init i al Bse : 2 775 84 28 313 0 0 0 0 66 0 107
Added Vol : 0 0 0 0 0 0 0 0 0 0 0 0
Proj . T ri ps : 0 0 21 13 0 0 0 0 0 19 0 11
Initial Fut : 2 775 105 41 313 0 0 0 0 85 0 118
User Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
PHF Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
PHF Vo l ume : 2 775 105 4 1 313 0 0 0 0 85 0 11 8
Reduct Vo l : 0 0 0 0 0 0 0 0 0 0 0 0
Reduced Vol : 2 775 105 4 1 313 0 0 0 0 85 0 118
PCE Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
MLF Ad j : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00
F ina l Vo l ume : 2 775 105 4 1 313 0 0 0 0 85 0 118
------------1---------------1 1---------------1 1---------------1 1---------------1
Saturation Flow Module :
Sat/Lane : 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Adjustment : 0 .92 0 .98 0 .95 0 .92 1 .00 0 .92 0 .92 1 .00 0 .92 0 .92 1 .00 0 .92
Lanes : 1 .00 1 .75 0 .25 1 .00 2 .00 0 .00 0 .00 0 .00 0 .00 1 .00 0 .00 1 .00
Final Sat .: 1750 3258 441 l7503800 0 0 0 0 1750 0 1750
------------1---------------1 1---------------1 1---------------·1 1---------------1
Ca p ac i ty An al ysis Module :
Vo l /Sat : 0 .00 0 .24 0 .24 0 .02 0 .08 0 .00 0 .00 0 .00 0 .00 0 .05 0 .00 0 .07
Crit Moves :
Green T i me :
Volume/Cap :
Delay/Veh :
User DelAdj :
AdjDel/Ve h :
LOS by Mov e :
HCM2k95thQ :
****
l.169 .9
0 .11 0 .34
5l.6 6 .0
1. 00 1. 00
51.6 6 .0
D-A
o 11
69 .9
0 .34
6 .0
1. 00
6 .0
A
11
****
6 .9 75 .7
0 .34 0 .11
46 .1 3 .2
1. 00 1. 00
46 .1 3 .2
D A
3 3
0 .0
0 .00
0 .0
1. 00
0 .0
A
o
0 .0 0 .0
0 .00 0 .00
0 .0 0 .0
1 .00 1 .00
0 .0 0 .0
A A
o 0
Note : Que ue reported is the numbe r of cars per lane .
0 .0
0 .00
0 .0
1. 00
0 .0
A
o
****
14 .3 0 .0
0 .34 0 .00
39 .4 0 .0
1. 00 1. 00
39 .4 0 .0
D A
6 0
2 1.1
0 .32
33 .8
1. 00
33 .8
C-
7
Page 3·3
Traff ix 8.0 .0715 Cop yri gh t (c) 2008 Dowling Associate s, Inc. Li cen sed 10 Hexag on T rans ., Sa n Jose
182
COMPARE Tue Jun 1609:51:472009
20398 Blauer Driv e Day Care
Saratoga , CA
Hexagon Transportation Consultants , Inc.
Level Of Serv ice Computat ion Rep ort
2000 HCM Operal ions (Future Volume Alternati ve )
Ex isting + Proj (PM )
In tersection #1: Sa ratoga Su nn yva le Rd an d Blauer D r
Fin al Vol :
o
o
o
Lanes:
o
o
o
o
o
Signal=ProtectJRights=lnciude
Fi nal Vol : 0 883'" 44
Lanes : 0 0 2 0 1
Signal =Protect
Rights=lnclude
J-
~
---JI!o-r
Lanes :
Final Vo l:
~4.~~
Vol Cnt Date:
Cycle Time (sec):
Loss Time (se c):
Critical VIC :
Avg Crit Del (se clveh ):
A vg Delay (seclveh ):
6/11 /200 9
100
9
0 .393
14.4
15.3
LOS : 8
1 0 o
3'" 442 76
Signal =P rotectJR ights=lnclude
Signal=Protect
Rights=Overlap
~
J.-..-r
Lanes :
o
o
o
Final Vol:
68
o
216 '"
Street Name : Saratoga Sunnyva le Rd Blauer Dr
Approach : No r th Bound South Bound East Bound West Bound
Moveme n t : L T R L T R L T R L T R
------------1 ---------------1 1---------------11---------------11 ---------------1
Mi n , Gr een : 0 0 0 0 0 0 0 0 0 0 0 0
Y+R : 4 ,0 4 ,0 4 .0 4 ,0 4 .0 4 .0 4 .0 4 .0 4 .0 4 ,0 4 .0 4 ,0
------------1---------------1 1---------------1 1---------------1 1---------------1
Volume Mo d u le : » Count Date : 11 Jun 2009 «
Ba s e Vo 1 : 3 442 56 3 3 883 0 0 0 0 1 94 0 5 5
Growth Ad j : 1 ,00 1 .00 1 ,00 1 .00 1 ,00 1 .00 1 .00 1 .00 1 ,00 1 ,00 1 .00 1 .00
In i tia l Bse : 3 442 56 33 883 0 0 0 0 194 0 5 5
Added Vol : 0 0 0 0 0 0 0 0 0 0 0 0
Proj . Trip s : 0 0 20 1 1 0 0 0 0 0 22 0 1 3
I nit i a l Fu t : 3 442 76 4 4 883 0 0 0 0 216 0 6 8
User Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1.00 1 .00 1 .00
PH F Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .0 0
PHF Volume : 3 442 76 4 4 883 0 0 0 0 216 0 68
Re d uct Vol : 0 0 0 0 0 0 0 0 0 0 0 0
Re d uce d Vo l : 3 4 4 2 76 44 883 0 0 0 0 216 0 6 8
PCE Ad j : 1.00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .0 0
MLF Adj : 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .00 1 .0 0 1 .00 1.00
FinalVolume : 3 442 76 44 883 0 0 0 0 2 1 6 0 68
------------1---------------1 1---------------1 1---------------1 1---------------1
Saturat i o n Flow Module :
Sat/Lane : 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1 900 1900
Adjustment : 0 .92 0 .98 0 .95 0 .92 1 .00 0 .92 0 .92 1 .00 0 .92 0 .92 1 .00 0 .92
Lanes : 1 .00 1 .70 0 .30 1 .00 2 .00 0 .00 0 .00 0 .00 0 .00 1 .00 0 .00 1 .00
Fi nal Sat .: 1750 3 1 5 7 543 1750 3800 0 0 0 0 1750 0 1750
------------1---------------1 1---------------1 1---------------1 1---------------1
Capac it y An alys i s Mo dule :
Vol/Sat : 0 .00 0 .14 0 .14 0 ,03 0 .23 0 .00 0 .00 0 .00 0 .00 0 .12 0 .00 0 ,04
Cr it Mov es : ****
Green T i me :
Volume/Ca p :
Delay/Veh :
User DelAdj :
AdjDel/Veh :
LOS by Mov e :
HCM2k9 5 t h Q :
0 .4 50 .5
0 .39 0 .28
7 9 .9 14 .3
1. 00 1. 0 0
79 .9 14 .3
E-B
1 9
50 .5
0 .28
14 .3
1. 00
14 .3
B
9
****
9 .1 59 .1
0 .28 0 .39
43 .4 11 .0
1. 00 1. 00
43 .4 11 .0
D B+
3 14
0 .0
0 .00
0 .0
1. 00
0 .0
A
o
0 .0 0 .0
0 .00 0 .00
0 .0 0 .0
1. 00 1. 00
0 .0 0 .0
A A
o 0
Note : Queu e re p orted is the numb er o f cars per lane .
0 .0
0 .00
0 .0
1. 00
0 .0
A
o
****
31.4 0 .0
0 .39 0 .00
27 .3 0 .0
1.00 1 .0 0
27 .3 0 .0
C A
11 0
4 0 .5
0 .10
18 .5
1. 0 0
18 .5
B-
3
Page 3·4
Traff ix 8 .0 .0715 Copyri ght (c ) 2008 Dowli ng Associ ates . Inc Li censed to Hexagon Trans , San Jose
Memorandum
Date: September 10, 2009
To: Cindy McCormick
From: Massimo LoPorto
Subject: Parking Generation Ratios for the Proposed Daycare at 20398 Blauer Drive in Saratoga,
California
Hexagon completed a traffic and parking analysis for the proposed daycare center at 20398 Blauer Drive
in Saratoga, California. Please note that the parking ratio used in the analysis to estimate parking demand
includes both parent and employee parking.
183
,... ......
......... ~ [lAGON hANIPO~TA liON (ONIUl TANTI. INC
40 South Market Street, Suite 600 • Son Jose, Californio 95113
phone 408.971 .6100 • fox 408.971.61 02 • www.hextrons.com
NOTICE OF PUBLIC HEARING
The City of Saratoga’s City Council announces the following public hearing on:
Wednesday, the 18th day of November, 2009, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public
hearing agenda item is stated below. Details of this item are available at the Saratoga Community
Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website
at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: CUP09-0004/20398 Blauer Drive
APPLICANT: Julia Hashemieh
APN: 393-02-005
DESCRIPTION: The applicant has requested an Appeal of a Conditional Use Permit denial by the
Planning Commission to allow operation of a new day care facility in an existing 5,000 square foot
building formerly occupied by office uses. As proposed, the facility would have five (5) employees and
provide services for 56 students. The property has 14 available parking spaces. The proposed hours of
operation are from 7:00 a.m. to 6:00 p.m. The property is located in the Professional Administrative
(PA) zoning district and requires a use permit for the proposed use.
In accordance with the Saratoga City Code, the City Council may affirm, reverse or modify the decision
of the Planning Commission, and may refer the matter back to the Planning Commission for such further
action as may be directed by the Council. When an appeal has been filed pertaining to only a portion of
a decision by the Planning Commission, the City Council has authority to review the entire matter and
may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no
appeal has been taken therefrom.
All interested persons may appear and be heard at the above time and place. If you challenge a decision of
the City Council pursuant to a Public Hearing in court, you may be limited to raising only those issues you
or someone else raised at the Public Hearing. In order for information to be included in the City Council’s
information packets, written communications should be filed on or before Monday, November 9th, 2009.
A site visit will be held on the Tuesday proceeding the hearing date above as part of the standard Site Visit
Committee agenda. The site visit will be held at the subject property is open to the public. Site visits begin
at 9:00am and the timing of each site visit will depend on other items on the agenda. The Site Visit
Committee will visit the site listed above and may visit other sites as well. For more information please
contact the City Clerk at 408-868-1269 or review the Site Visit Agenda on the City Website at
www.saratoga.ca.us.
This notice has been sent to all owners of property within 500 feet of the project that is the subject of this
notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its
notice mailing lists. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your
Community has as much information as possible concerning this project.
Cynthia McCormick, (408) 868-1230
/s/ Ann Sullivan, CMC
City Clerk
184
Parcel Number Owner Name Owner Address Owner City, State
39301019 LEVY STANLEY JR AND DENISE M 12915 REGAN LN SARATOGA, CA
39301021 MIRELEZ FRED JR AND ALICIA G 12951 REGAN LN SARATOGA, CA
39301022 WHITLOW JEANNE L TRUSTEE 12969 REGAN LN SARATOGA, CA
39301023 BOGDANOVICH ELI J TRUSTEE & ET 20391 BLAUER DR SARATOGA, CA
39301041 ARGONAUT ASSOCIATES,LLC 1285 OAKMEAD PY SUNNYVALE, CA
39301042 GRAM ARGONAUT LLC 1285 OAKMEAD PY SUNNYVALE, CA
39302003 SARATOGA COURTYARDS LLC 1855 PARK AV SAN JOSE, CA 9
39302004 COMPEAN LUPE TRUSTEE 936 HARRIET AV CAMPBELL, CA
39302005 WHITEHEAD ROBERT L AND LONNIE 20119 KILBRIDE DR SARATOGA, CA
39302006 HAWKS CHRISTOPHER R AND TRAXLE 20390 BLAUER DR SARATOGA, CA
39302007 TOWNS, MARGARET TRUSTEE &13035 REGAN LN SARATOGA, CA
39302008 CAVANAUGH THOMAS K ET AL 13045 REGAN LN SARATOGA, CA
39302009 KENNEDY JAMES A AND MARY R TRU 13055 REGAN LN SARATOGA, CA
39302010 LJEPAVA CLARA L TRUSTEE 13065 REGAN LN SARATOGA, CA
39302011 GLOEGE ISABEL S 13109 REGAN LN SARATOGA, CA
39302012 CHENG KATHY P O BOX 2189 SARATOGA, CA
39302013 LEVINSON GREGORY L AND MARINA 20421 TRICIA WY SARATOGA, CA
39302014 YOUNG HONESTY TRUSTEE 20438 TRICIA WY SARATOGA, CA
39302031 DOSHI DIVYA AND RAJ 20447 TRICIA WY SARATOGA, CA
39302032 GLUCKMAN GWEN B AND PHILIP B 20459 TRICIA WY SARATOGA, CA
39302033 BROWN GREGORY W AND JACQUELYN 20469 TRICIA WY SARATOGA, CA
39302034 CHU EDWARD Y M TRUSTEE 20325 PINNTAGE PARKWAY CUPERTINO, CA
39302035 SULLIVAN DOUGLAS R TRUSTEE 20483 TRICIA WY SARATOGA, CA
39302036 HARDY THOMAS AND CAROLE TRUSTE 20486 TRICIA WY SARATOGA, CA
39302037 ALLIONE ARTHUR G 20472 TRICIA WY SARATOGA, CA
39302038 YEN BRUCE AND WANG JUNG F 20460 TRICIA WY SARATOGA, CA
39302039 PATEL JITENDRA G AND SHASHI J 20446 TRICIA WY SARATOGA, CA
39305001 CHU POYIN AND TEE-JEAN TRUSTEE 20350 ARGONAUT DR SARATOGA, CA
39305030 CHEN CHIH-CHENG AND LO CHEW-ER 13092 REGAN LN SARATOGA, CA
39305031 TROUTMAN FRANK G JR AND FRANCE 13070 REGAN LN SARATOGA, CA
39305032 FELLOWS RICHARD A AND CAROLYN 20360 ARGONAUT DR SARATOGA, CA
39306001 WALIA LAKHINDER AND MAMTA K 20360 BLAUER DR SARATOGA, CA
39306002 CHANG GINA H TRUSTEE 20344 BLAUER DR SARATOGA, CA
39306003 GARCIA PHILIP AND VICTORIA S 20330 BLAUER DR SARATOGA, CA
39306004 FU YIA-YUAN K AND CHAO-HSIANG 20312 BLAUER DR SARATOGA, CA
39306026 BADEN ERIC A AND ROSE B 20325 ARGONAUT DR SARATOGA, CA
39306027 WILSON LERRY C AND JILL C 20335 ARGONAUT DR SARATOGA, CA
39306028 NAGESH, KITTUR & MEERA 20345 ARGONAUT SARATOGA, CA
39306029 STEWART JOHN B JR AND JANICE M 13040 REGAN LN SARATOGA, CA
39307007 BONACORSO ANTHONY R AND SINA S 20341 CRAIGEN CL SARATOGA, CA
39307008 LISCOM DAVID 20351 CRAIGEN CL SARATOGA, CA
39307009 CONWAY RALPH W AND TERESA R 12930 REGAN LN SARATOGA, CA
39307010 SAMBASIVAM CHIDAMBARAM AND NAC 20346 CRAIGEN CL SARATOGA, CA
39307011 AMATO KEVIN J AND ANA M 20338 CRAIGEN CL SARATOGA, CA
39307012 CHENG CHEE LIN ET AL 20330 CRAIGEN CL SARATOGA, CA
39307027 MILLER NANCY L 20317 BLAUER DR SARATOGA, CA
39307028 SONG PAUL J AND HSIA WEI-JEN PO BOX 70575 SUNNYVALE, CA
39307029 LENEY JAMES B AND MEGAN D TRUS 20353 BLAUER DR SARATOGA, CA
39307030 JACOBS JUTTA M TRUSTEE 12990 REGAN LN SARATOGA, CA
39307031 SALIN LEE AND DENISE 12974 REGAN LN SARATOGA, CA
39307032 MULLEN WILLIAM R AND LINDA E 12960 REGAN LN SARATOGA, CA
50381023 LIN KUEI-CHENG AND CHEN SHOW-C 12950 BRANDYWINE DR SARATOGA, CA
50381024 PROWSE SCOTT F AND MCBEATH KAT 12960 BRANDYWINE DR SARATOGA, CA
50381025 ELLIS SANDRA M AND RUSSELL A T 12970 BRANDYWINE DR SARATOGA, CA
50382008 YOUNG CHII-REN AND LAN-CHUN TR 13055 OAKWOOD CT SARATOGA, CA
50382012 PUTHUFF STEVEN H AND JUDITH E 13001 SARATOGA-SUNNYVALE RD SARATOGA, CA
50382021 LIU IAN-TAN TRUSTEE & ET AL 13048 APOLLO WY SARATOGA, CA
50382022 LASCOLA EMILY W AND JOSEPH A 13032 APOLLO WY SARATOGA, CA
185
186
CITY OF SARATOGA
APPEAL APPLICATION
iUcJ7./, r (? s-.r 0 (/
Z£ad~/7~ 4v-
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(Revised Jul y 2007) , L r_ ( I
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App e ll ant N ame : j vL \ t' 0... l-t i/,-S ~ ~YVll'~ t-., J fA. ( i a (i) 6 a S U v~ Ie a /. c orv
A ddre ss : \ Db /-I E:"/) I L c... '\ La <:")1, ~"\ 0 S C !r 9 rj'o 3.2....
Telephone #: C 4(8) I> 6 t --7 -) ~ 5
Na me of Appli c ant 'l " I h
(If differ e nt than Appellant): J lI\. ! fA H 0\.. S V'L e (Y'\ ;c...
Proj e ct file number and address : C U'" f 0 C( .-' Cj 0 C) i I :2 0 3=) R g l uU.{ er 'D "<~
De c i sion being appealed:
D
D
D
o
D
City Code Section 2-05 .030 (a) appeals :
• No Hearing
• With Hearing
City Code Section 15 -90.010 appeals (Zoning related):
• Appeals from Administrative Decisions to the
Planning Commission
City Code Section 15-90 .020 appeals (Zoning related):
• Appeals from Pl anning Commi ssion to the City Council
City Code Section 13-20.060 appeals
• Appeals from Heritage Preservation Commission to the
Planning Commi ssion.
City Code Section 15-50 .100 (a) appeals (Tre es):
• A ppeals from Administrative D e ci s ions to the Planning
Pl anning Commission
Request for a Continuance :
• First Reque st s
• 2nd Request
Da te Rec ei v ed: {Jc/o!we d...~, 2 ()o 1 He aring Date:
$100.00
$600.00
$400.00
$600 .00
No Charge
$500.00
No Charge
$250 .00
Fee: ___ $_' ~_O_O_, ---_____ Receipt#: _--I-~=::::.....---=?=---a-=--~/L--=O __ _
P:\Form s & Proce dures \A pp ea ls\A ppeal Appl ication .doc
187
Objections
Play ground in front
Pollution
Kids will be kidnap
Bring traffic
Parking issue
Neighbors
Kids Ratio
Parking in the back not wide
Pick up service
Security guard
RECEIVEir-
NOV ug 2009
CITY Or 01'.;-\1'-\ J OGA
Waiting period from May 2008 to now
188
Mr. Nader Sarveresth
June 18,2009
Page 80/9
Crosswalks with pedestrian pushbuttons and signal heads are present at the Saratoga Sunnyvale
RoadlBlauer Drive intersection. Sidewalks are present on both sides of Saratoga Sunnyvale Road .
Bicycle lanes are present in both travel directions on Saratoga Sunnyvale Road.
Conclusions
The intersection of Saratoga Sunnyvale Road and Blauer Drive currently operates at acceptable levels of
service and would continue to operate at acceptable levels with the addition of project-generated traffic.
The proposed project would generate 64 AM and 66 PM peak hour vehicle trips .
The proposed project would generate the need for 27 parking spaces , creating a parking deficiency of 13
parking spaces. The maximum number of children that the project could serve with the existing on-site
parking supply would be 40 children. The daycare could serve 52 children if the four parking spaces on
the project frontage on Blauer Drive were considered on-site parking.
The adjacent office complex immediately we st of the project site may have a parking surplus and may be
willing to lease the 9 additional required parking spaces for the proposed daycare. It is recommended that
the project applicant contact the property owner of the office to discu ss the potential for leasing parking
spaces for the proposed daycare center.
189
CALIFORNIA
CHILD CARE CENTER
LICENSING REGULATION HIGHLIGHTS
January 2007
The following are highlights of some of the key regulations from Title 22, Division
12 , Chapter 1 of the Manual of Policies and Procedures for Community Care
Licensing. Applicants and licensees are responsible for reading and
understanding the regulations . To access the complete regulations, go to the
Community Care Licensing Division 's web site at: http ://ccld.ca.gov .Click on
"Title 22 Regulations" in the gray area at the left hand side of the screen. Then
scroll down to Child Care Centers and click on the blue links.
101152 DEFINITIONS
• Child Care Center means any child care facility of any capacity, other than a
Family Child Care Home, in which less than 24-hour per day, non-medical
care and supervision are provided to children in a group setting
• The Department means the California Department of Social Services or
agency which is authorized to assume licensing responsibilities .
101156 LICENSE REQUIRED
• Unless a child care arrangement is exempt from licensure (101158), no
adult , partnership, corporation, public agency or other governmental entity
shall operate, establish , manage, conduct or provide care and supervision
without a valid licen se from the Department.
101160 POSTING OF LICENSE
• The license shall be posted in a prominent , publicly accessible location in
the center.
101167 TRANSFER AND SALE
• A license is not transferable .
• The licensee shall provide written notice to the department and to the child's
parent/legal guardian of the intent to sell the day care center at least 20
days prior to the transfer of the property or business.
• The seller shall notify , in writing , a prospective buyer of the necessity to
obtain a license.
• The prospective buyer shall submit an application for a license within five
days of the acceptance of the offer by the seller .
101169 APPLICATION FOR LICENSE
• The applicant shall attend an orientation prior to filing an appl ication .
• The orientation will cover how to complete the application process and
the scope of Child Care Center operations subject to regulation by the
Department.
7/25/2007
"
190
• A teacher shall have completed with passing grades a least six
postsecondary semester units of specified early childhood education
classes, or have a valid Child Development Assistant permit issued by the
California Commission on Teacher Credentialing. A teacher hired with six
units must complete at least two additional units each semester until fully
qualified .
• A fully qualified teacher shall have 12 postsecondary semester units in early
childhood education from an accredited college and six months of work
experience in a licensed Child Care Center or similar program . The units
specified shall include courses covering child growth and development;
child, family and community; and program/curriculum.
• A teacher shall complete 15 hours of health and safety training , if
necessary, pursuant to Health and Safety code, Section 1596.866.
101216.2 TEACHER AIDE QUALIFICATIONS
• An aide in a Child Care Center must be 18 years of age , a high school
graduate , or be currently participating in an occupational program at high
school.
• An aide shall work only under the direct supervision of a teacher.
• An aide may escort or assist children in going to the bathroom and may
supervise napping children without being under the direct supervision of a
teacher .
101216.3 TEACHER -CHILD RATIO
• There shall be a ratio of one teacher visually observing and supervising no
more than 12 children in attendance. The total number of children shall not
exceed licensed capacity .
• The licensee may use teacher aides in a teacher-child ratio of one teacher
and one aide for every 15 children .
• A ratio of one fully qualified teacher and one aide for every 18 children is
allowed if the aide has six semester units of early childhood education from
an accredited college .
• The director may be included in the teacher-child ratio when the director is
actually teaching a group of children.
• Licensees shall maintain an up-to-date list of qualified substitutes .
• A teacher should not perform housekeeping or maintenance duties that
prevent him/her from performing duties related to providing care and
supervision to children.
• Persons employed for clerical, housekeeping and maintenance functions
are not included as teachers in the teacher-child ratio.
101216.4 TODDLER COMPONENT
• Licensees serving preschool-age children may create a special program
component for ch ildren between the ages of 18 months and 30 months.
7/25/2007 5
191
Print Page 1 of 1
From: Cynthia McCormick (cmccormick@saratoga.ca.us)
To: alexduvon@yahoo.com; julia.hashemieh@yahoo.com
Date: Wed, June 24, 20098:15:46 AM
Subject: FW: traffic study comments for day care center at 20398 Blauer Drive.
Please confirm that you received the attachment. Thanks so much!
From: Cynthia McCormick
Sent: Tuesday, June 23, 2009 2:58 PM
To: 'alexduvon@yahoo.com'
Subject: RE: traffic study comments for day care center at 20398 Blauer Drive.
Dear Alex DuVon,
Thank you for submitting the traffic study this morning.
Please see attached regarding comments on the submitted traffic study for the day care center at 20398 Blauer
Drive.
Once the traffic study has been updated with the attached requirements, I will forward the study to the City of
Saratoga's traffic consultant for peer review and recommendations.
Please note that staff cannot schedule the public hearing until all requirements have been met and all
recommendations have been finalized by the City's traffic consultant.
Sincerely,
Cindy McCormick
408-868-1230
Cc: Hexagon Traffic Consultants
http://us.mg2.mail.yahoo.comldc/launch?.gx=1&.rand=57noinrd7a3ah 11/9/2009
192
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~ Transportation Consultants, Inc. 20398 Blauer Dr Day Care
193
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194
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199
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214
Print
From : Julia Hashemieh (julia.hashemieh@yahoo.com)
T o: Julia Hashemieh
Date: Mon , Novemb er 9, 2009 2:35 :53 PM
Su bj ect :
· 7:'00 A.M. to 7~OO P.M .
Serving Age 2 -7
Open Enrollment
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60
11/9/2009
215
Print
From: Julia Hashemieh (julia.hashemieh@yahoo.com)
To: Julia Hashemieh
Date: Mon, November 9, 2009 2:36 :42 PM
Subject:
Sent from my iPhone
htlp:llus.mg2.mail.yahoo.comldcllaunch?gx=I&.rand=57nojnrd7a3ah
Page 1 of 1
1119/2009
216
Print
From: Julia Hashemieh (julia.hashemieh@yahoo .com)
To: Julia Hashemieh
Date: Mon, November 9, 2009 2:38:12 PM
Subject:
Sent from my iPhone
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Page 1 of 1
11/9/2009
217
Print
From: Julia Hashemieh Gulia.hashemieh@yahoo.com)
To: Julia Hashemieh
Date: Mon, November 9, 2009 2:37:35 PM
Subject:
Sent from my iPhone
http://us.rng2.rnail.yahoo.comldcllaunch? .gx= 1 &.rand=57nojnrd7 a3ah
Page 1 of 1
11/9/2009
218
Print
From: Julia Hashemieh (julia.hashemieh@yahoo.com)
To: Julia Hashemieh
Date: Mon, November 9, 2009 2:36:59 PM
Subject:
Sent from my iPhone
hrtp:llus.mg2 .mail.yahoo.comldc/launch?gx=I&.rand=57nojnrd7a3ah
Page 1 of 1
11/912009
219
Print
From: Julia Hashemieh (julia.hashemieh@yahoo.com)
To: Julia Hashemieh
Date: Mon, November 9, 2009 2:36:59 PM
Subject:
Sent from my iPhone
htlp:llus.mg2.mail.yahoo.comldcllaunch?gx=1&.rand=57nojnrd7a3ah
Page 1 of 1
11/912009
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Website Policy
RECOMMENDED ACTION:
Accept report and adopt resolution establishing a policy for the City of Saratoga website.
BACKGROUND:
Many cities adopt website policies for the purpose of reducing exposure to liability that can arise
from a number of laws and legal principles. These policies are considered a best practice for
public agencies with websites as they ensure that users are familiar with the procedures used to
develop websites and the acceptable uses of the website. Website policies typically include
statements on the following:
- Purpose
- Acceptable uses
- Privacy
- Accessibility
- External links
- Compatibility requirements
The attached website policy was created at the recommendation of the City Attorney following
the launch of the City’s new website.
FISCAL IMPACTS:
There are no direct financial impacts to the City of Saratoga for adopting a website policy.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City will not have a website policy and could have some increased risk of liability exposure.
ALTERNATIVE ACTION(S):
N/A
220
Page 2 of 2
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Resolution adopting a policy for the City of Saratoga Website
Attachment B: Draft Website Policy
221
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING A WEBSITE POLICY
WHEREAS, the City of Saratoga launched its new website in September 2009; and
WHEREAS, website policies protect municipalities from legal liabilities resulting from a
number of laws and legal principles that affect cities with websites; and
WHEREAS, website policies inform users of the procedures used to develop a public agency’s
website and acceptable uses of the website; and
WHEREAS, the City of Saratoga website policy includes statements on the website’s purpose,
acceptable use, privacy, accessibility, external links, and compatibility requirements; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
approve the attached City of Saratoga website policy.
PASSED AND ADOPTED by the Saratoga City Council at a regular meeting held on the 18th day of
November 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Chuck Page, Mayor
ATTEST:
___________________________________
Ann Sullivan, City Clerk
222
Draft City of Saratoga Website Policy
The purpose of the City of Saratoga website is to provide information about City services, laws, policies,
and initiatives. The City of Saratoga website is not intended to provide a forum for debate or public
exchange of information, but rather is maintained for the exclusive use of the City of Saratoga to
communicate with the public on matters of general interest via the Internet.
While the City does its best to keep its website accurate and timely, the City neither warrants nor makes
representations or endorsements as to the accuracy, quality, content, or completeness of the
information, text, graphics, hyperlinks, and other items contained on its website. Content on the
website is compiled from a variety of sources and is subject to change without notice from the City as a
result of updates and corrections.
The City of Saratoga website and all materials contained on this site are distributed and transmitted “as
is” without warranties of any kind, either express or implied, including without limitation, warranties of
title or implied warranties of fitness for a particular purpose. The City is neither responsible nor liable for
any viruses or contaminations of a web visitor's hardware, software, peripherals, or properties nor for
any delays, inaccuracies, errors, or omissions resulting from use of or with respect to the material
contained on its website, including without limitation but not limited to, any material posted on or
linked to from the City of Saratoga website. The City is not responsible for any special, indirect,
incidental, or consequential damages that may arise from the use of, or the inability to use, the site
and/or the materials contained on the site whether the materials contained on the site are provided by
the City of Saratoga, or a third party.
Privacy
The City of Saratoga website has been built to provide easy access to information and services to the
public. To help ensure the website continues to serve as a resource to the public, the City of Saratoga
collects information about website traffic and allows users to share information with the City. The City
of Saratoga is concerned with the privacy of website visitors who are using the City of Saratoga website.
The following outlines treatment of information provided to the City through the website.
Personal Information Submitted by Users
"Personal information" is information about a natural person that is readily identifiable to that specific
individual. Personal information includes such things as an individual's name, address, and phone
number. A domain name or Internet Protocol address is not considered personal information.
On certain occasions, the City of Saratoga may request personal information for the purpose of
correspondence or for City business. Personal information may include an individual’s name, address,
phone number, or email address.
Personal information provided to the City is done so on a voluntary basis (i.e. sending an email, filling
out a form, or participating in a survey). Individuals can choose not to participate in these activities,
doing so will in no way affect an individual’s ability to use any other feature of the City of Saratoga
website.
Public Records
All information collected by the City of Saratoga website becomes public records that may be subject to
inspection and copying by the public unless an exemption in law exists. This includes communications
223
made via email (including “mailto:” links), online forms, or surveys. If personal information is
volunteered by the user, State law and the federal Privacy Act of 1974 may protect it. However, this
information is a public record once it is provided, and may be subject to public inspection and copying if
not protected by Federal or State law.
Users are cautioned that the collection of personal information requested from or volunteered by
children on-line or by email will be treated the same as information given by an adult, and may be
subject to public access.
In the State of California, laws exist to ensure that government is open and that the public has a right to
access appropriate records and information possessed by municipalities. At the same time, there are
exceptions to the public's right to access public records that serve various needs including the privacy of
individuals. Exceptions are provided by both State and Federal laws.
Information Automatically Collected
For the purpose of site management, information about visits to the City of Saratoga website is
collected. This information is not reported or used in any manner that would reveal personally
identifiable information, and will not be released to any outside parties unless the City is required to do
so in connection with law enforcement investigations or other legal proceedings.
The City uses log analysis tools to create summary statistics, which are used for purposes such as
assessing the information that is of interest to the public, determining technical design specifications,
and identifying system performance or problem areas. Website logs do not collect personally
identifiable information and the City makes no attempt to link them with the individuals who browse
the website.
When users visit the City of Saratoga website and browse or download information, the City
automatically collects and stores the following information:
· The Internet Protocol Address and domain name used
· Browser type used to view the site
· Operating system
· The date and time of the visit
· The pages or services accessed during a visit
· The search engine and terms used to access the City of Saratoga website
· The sites visited prior to accessing the City of Saratoga website
If visitors to the City of Saratoga website participate in a survey, fill out an online form, sign up for email
subscriptions, or send an email, the following additional information may be collected:
· Email address
· Contents of an email
· Information volunteered to complete a form or in response to a survey
Personally identifiable information that is submitted to the City via emails, forms, or surveys will be used
for the stated purposes, to respond to requests, or analyze trends. The City may redirect messages from
website visitors to another department, division, or program within the City that is in a better position
to answer visitor questions or respond to requests.
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Cookies
The City of Saratoga website uses "cookies" to improve user experience. A cookie contains unique
information a website can use to track such things as the Internet Protocol address for the computer
used to access the City site, the identification of the browser software and operating system used, the
date and time a visitor accessed the site, and the Internet address of the website from which visitors
linked to this site.
Cookies created on a visitor’s computer by using the City of Saratoga site do not contain personally
identifying information and do not compromise the visitor’s privacy or security. Visitors can refuse the
cookie or delete the cookie file using any of the widely available methods. If visitors choose not to
accept a cookie, it will not prevent or prohibit visitors from gaining access to or using this site.
Security
Unauthorized attempts to deny service, upload information, change information, or to attempt to
access a non-public site from this service are strictly prohibited and may be punishable under Title 18 of
the U.S. Code to include the Computer Fraud and Abuse Act of 1986 and the National Information
Infrastructure Protection Act.
Acceptable Use
Using the City of Saratoga website indicates your agreement with this policy. Users should refrain from
using the City of Saratoga if they disagree with this policy.
Individuals, organizations and businesses are free to use the City of Saratoga website for any lawful,
worthy and ethical purpose, except as limited by this policy. To the extent permitted by the Public
Records Act and otherwise legally permissible, commercial use of the City of Saratoga website materials,
content, and information is explicitly prohibited without the written permission of the City. The website
must not be used to solicit customers or sell products or services.
The City of Saratoga retains copyright on all text, graphic images, and other content, unless otherwise
noted. No person or entity may do any of the following without written permission from the City of
Saratoga:
- Modify and/or re-use text, images, or other web content from the City website
- Distribute the City’s website content
- Mirror the City’s information on a non-City server
Users with "robots," "spiders," or other automated programs may visit the City of Saratoga website, but
are prohibited from resending or redirecting information without the prior written permission of the
City of Saratoga.
Website users are asked to use appropriate names and language when filling out online forms or
surveys. Users are forbidden from using false e-mail addresses.
Accessibility
The City of Saratoga website is designed to offer the public easy and efficient access to municipal
resources. The City of Saratoga “Low Graphics Version” of the website adheres to 508 requirements as
set forth by the W3C Accessibility Initiative. This version of the website is optimized for screen readers
and other text-based web interfaces.
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External Links
The City of Saratoga website links to a number of other websites. These include links to websites
operated by other government agencies, other cities, nonprofit organizations, and community
organizations. Links from the City of Saratoga website to any other site on the Internet do not constitute
an endorsement. The City of Saratoga is not responsible for the content, quality, or accuracy of any
materials referenced or linked through the City of Saratoga’s website.
By using the City of Saratoga website, users acknowledge and accept that the City of Saratoga is not
responsible for any materials stored on other Internet sites, nor is it liable for any inaccurate,
defamatory, offensive, or illegal materials found on other Internet sites, and the risk of injury from
viewing, hearing, downloading, or storing such materials rests entirely with the user. The City of
Saratoga does not exercise any editorial control over the information on external sites.
When visitors select a link to another site, they are no longer on the City of Saratoga website. The City of
Saratoga website policy is not applicable. When selecting a link to another website, visitors are subject
to the policy of that new site.
Video Streaming
The City of Saratoga provides video streaming on its website in the form of both live and archived video
streams. All videos available at http://www.saratoga.ca.us/cityhall/video_archive/default.asp.
System Requirements for PC Users
- Windows 98 or later operating system
- At least a 233-MHz processor Pentium II
- A minimum of 64 MB of RAM
- In order to view the video streams you must have Windows Media Player version 9 or higher, or
Silverlight Player installed. To download Silverlight visit
http://www.microsoft.com/silverlight/get-started/install/default.aspx.
- The Windows Media Player Plug-in for Firefox users can be downloaded at
http://port25.technet.com/pages/windows-media-player-firefox-plugin-download.aspx.
- Please note that beta versions of Internet Explorer or Windows Media Player are not supported.
Minimum System Requirements for Macintosh Users
- A G3 or newer with Mac OS X installed
- Silverlight Player, which can be downloaded at http://www.microsoft.com/silverlight/get-
started/install/default.aspx.
- Microsoft Silverlight allows Mac OS users on the latest versions of Firefox and Safari to have the
same experience as all Windows Media Player users currently enjoy. There is no difference
between a user on Internet Explorer on a PC and a Mac OS 10+ user on a Firefox browser.
- Please note that beta versions of players and browsers are not supported.
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan DIRECTOR: Dave Anderson
City Clerk City Manager
SUBJECT: Commission Qualifications and Expiring Terms
RECOMMENDED ACTION:
Accept the staff report and list of Commission qualifications and Commissioner terms that will be
expiring in the next calendar year and provide staff with additional direction if needed.
BACKGROUND:
Per Municipal Code 2-12.010(f), “on or before December 31 of each year, the City Clerk shall
prepare and the City Council shall adopt a list of all Commissions containing the following
information:
1. A list of the qualifications necessary for each Commissioner position; and
2. A list of all Commissioner terms which will expire during the next calendar year, including
the name of the incumbent Commissioner, the date of appointment, the date the term
expires and the qualifications necessary for the position.
This list shall be made available to the public and shall be posted in the office of the City Clerk
and at the Saratoga Library.”
A Commissioner must be a Saratoga resident and a registered voter in the City of Saratoga, with
the exception that one member of the Library Commission must be a resident of Monte Sereno
and Youth Commissioners are not required to be registered voters. Additionally, each
Commission applicant must attend at least one meeting of the Commission he or she is applying to
before being interviewed by the City Council. Commissioners may not hold an elected public
office and cannot be employed by the City of Saratoga.
Below is a list detailing special qualifications for each of the City’s Commissions and terms that
will be expiring in the next calendar year.
Heritage Preservation Commission
Special Qualifications (Municipal Code 13-10.010)
- One member to be nominated by the Saratoga Historical Foundation.
- Two members must be trained and experienced in the field of construction and structural
rehabilitation, such as a licensed architect, engineer, contractor, or urban planner.
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Vacancies April 2010:
Ø Position A – 3 years and 9 months
Ø Position B – 3 years and 9 months
Ø Position C – 4 years and 9 months
Terms Ending next Calendar Year
Norm Koepernik
- Appointed April 2006
- Term ends April 2010
- Eligible for reappointment
Rita McCarty
- Appointed April 2006
- Term ends April 2010
- Eligible for reappointment
Peter Marra
- Appointed April 2006
- Term ends April 2010
- Eligible for reappointment
Steve Kellond
- Appointed April 2006
- Term ends April 2010
- Eligible for reappointment
Library Commission
Special Qualifications
- One member is nominated by the City of Monte Sereno.
No vacancy occurring in 2010
Parks and Recreation Commission
Special Qualifications
- No special qualifications
No vacancy occurring in 2010
Planning Commission
Special Qualifications
- No special qualifications, however, members must be able to attend regular meetings that
are held on the 2nd and 4th Wednesday of the month at 7:00 p.m. in the Civic Theater.
Vacancies on April 2010 and term length:
Ø Position D – 4 years
Ø Position E – 4 years
Terms Ending next Calendar Year
Joyce Hlava
- Appointed April 2006
- Term ends April 2010
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- Eligible for reappointment
Yan Zhao
- Appointed April 2006
- Term ends April 2010
- Eligible for reappointment
Traffic Safety Commission
Special Qualifications
- No special qualifications
Vacancies April 2010:
Ø Position A – 3 years and 9 months
Ø Position B – 3 years and 9 months
Terms Ending next Calendar Year
Corinne Vita
- Appointed May 2008 to fill unexpired term of Brigitte Ballingall
- Term ends April 2010
- Eligible for reappointment
Kenneth Biester
- Appointed April 2006
- Term ends April 2010
- Not eligible for reappointment
Youth Commission
Special Qualifications
- Members must be a resident of Saratoga in grade 7-12 while serving on the Youth
Commission.
Terms Ending next Calendar Year
Elena Rees
- Appointed June 2008
- Term ends July 2010
- Not eligible for reappointment
Kia Fariba
- Appointed June 2008
- Term ends July 2010
- Eligible for reappointment
Sammy Rao
- Appointed June 2008
- Term ends July 2010
- Not eligible for reappointment
Natalie Tkalovic
- Appointed June 2008
- Term ends July 2010
- Not eligible for reappointment
Kaitlin Finch
- Appointed in June 2008
- Term ends July 2010
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- Eligible for reappointment
Aditya Dev
- Appointed June 2008
- Term ends July 2010
- Eligible for reappointment
Tara Fatemi
- Appointed June 2008
- Term ends July 2010
- Not eligible for reappointment
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of agenda.
ATTACHMENTS:
Nothing additional.
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Urgency Ordinance for Medical Marijuana Dispensaries
RECOMMENDED ACTION:
Adopt the proposed interim urgency ordinance placing a 45 day moratorium on the establishment
of medical marijuana dispensaries in order to provide the City of Saratoga with time to determine
whether to adopt an ordinance regulating the location or operation of medical marijuana
dispensaries.
BACKGROUND:
The City of Saratoga has received several inquiries from prospective medical marijuana dispensary
operators. The City of Saratoga’s Code does not specifically address the regulation or location of
medical marijuana dispensaries or list medical marijuana dispensaries as a permitted use or
conditionally permitted use in any zoning district.
In California, some cities that have permitted the establishment of medical marijuana dispensaries
have reported adverse impacts on public health, safety, and welfare, including an increase in
crimes such as loitering, illegal drug activity, burglaries, robberies and other criminal activity
within and around dispensaries, as well as increased pedestrian and vehicular traffic, noise and
parking violations. Some local jurisdictions also report that medical marijuana dispensaries
increase demands for police response, as well as maintenance of public streets and sidewalks.
Therefore, staff is proposing the adoption of an interim urgency ordinance imposing a moratorium
on the approval, commencement, establishment of medical marijuana dispensaries until such time
staff is able to study the issue and present recommendations to the City Council.
DISCUSSION:
In November 1996, California voters enacted “The Compassionate Use Act of 1996,” also known
as Proposition 215, codified at Health and Safety Code Section 11362.5 et seq. Proposition 215
allows a person to cultivate and possess marijuana for medical purposes with a doctor’s
recommendation without violating certain state criminal laws regarding possession or cultivation
of marijuana.
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In October 2003, the State Legislature adopted Senate Bill 420, the Medical Marijuana Program
Act, which, among other things, exempts from certain state criminal sanctions individuals engaged
in collective and cooperative cultivation of medical marijuana. The Medical Marijuana Program
Act went into effect on January 1, 2004.
In 2008, the California Attorney General issued guidelines regarding lawful operation of
cooperatives and collectives, including organizing under appropriate business forms, generating
no profits and complying with state tax law and local business license requirements. The Attorney
General advised that only dispensaries that comply with the recommendations in its guidelines
would be protected from criminal liability under existing state law.
The manufacture, distribution, or possession of marijuana is a federal criminal offense pursuant to
the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. The Controlled Substances Act
may be enforced by federal authorities against persons possessing or using marijuana, regardless
of the protections offered by the Compassionate Use Act and Medical Marijuana Program Act.
However, earlier this year, the United States Attorney General announced his intention to ease
enforcement of the Controlled Substances Act against medical marijuana dispensaries, and the
United States Department of Justice recently issued a memorandum stating that federal resources
should not be focused on prosecution of individuals whose actions are in clear and unambiguous
compliance with existing state laws providing for medical use of marijuana.
The Compassionate Use Act, the Medical Marijuana Program Act and the recent pronouncements
from federal prosecutors, have fostered interest in the establishment of medical marijuana
dispensaries, including within the City of Saratoga and surrounding cities. Medical marijuana
dispensaries have been established throughout California and the Bay Area, including in San
Francisco, Oakland, and Santa Cruz. As a result of the presence of medical marijuana
dispensaries, some local agencies have reported increases in illegal drug activity, illegal drug sales,
robberies of persons leaving the dispensaries, loitering around dispensaries, falsely obtained
identification cards, and other criminal activity. Some local agencies also report increased
demands for police response, as well as maintenance of public streets and sidewalks, in areas
surrounding medical marijuana dispensaries.
The City of Saratoga currently does not have regulations regarding licensing for persons seeking
to establish a medical marijuana dispensary. Further, the City of Saratoga Municipal Code does
not specifically address the regulation or location of medical marijuana dispensaries, and a medical
marijuana dispensary is not a type of use which is specifically defined in the City of Saratoga’s
zoning code regulations. Based upon the experiences of other local jurisdictions and the rapidly
evolving law governing medical marijuana, staff recommends that the City adopt a moratorium on
medical marijuana dispensaries until staff has the opportunity to further study the issue and advise
the City Council regarding options for legally appropriate and effective regulation. The scope of
the study resulting from the moratorium may include, but not limited to, the following:
1. Review processes used by other cities and counties when considering applications from
persons seeking to open and operate a medical marijuana dispensary;
2. Determine whether to establish licensing and criminal background check processes for
proposed operators and employees of a medical marijuana dispensary;
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3. Decide if licensing needs to be regularly renewed;
4. Determine in which zoning districts, if any, medical marijuana dispensaries might be allowed
to operate;
5. Decide whether to prohibit medical marijuana dispensaries from locating near schools or
other sensitive uses;
6. Decide whether medical marijuana dispensaries should be located a minimum distance from
other medical marijuana dispensaries;
7. Potential regulations regarding the operation, hours, security features, and other conditions
for the operation of medical marijuana dispensaries; and
9. Other related issues.
The adoption of a moratorium will give staff sufficient time to study this issue and prevent
medical marijuana dispensaries from locating in the City of Saratoga until proper procedures and
regulations are established.
Government Code Section 65858 allows a jurisdiction to adopt a zoning ordinance that prohibits
any uses that conflict with a contemplated zoning proposal that the City Council, Planning
Commission, or Planning Division is considering or studying or intends to study within a
reasonable time to protect the public safety, health, and welfare. The urgency ordinance requires
a four-fifths vote of the City Council for adoption and shall be effective for no more than 45 days.
The City Council may further extend the urgency ordinance for 10 months and 15 days after a
noticed public hearing, and may subsequently extend the urgency ordinance for one additional
year. Ten days prior to the expiration of the ordinance, the City must issue a written report
describing the measures taken to alleviate the conditions which led to the adoption of the
ordinance.
Staff estimates that it will take 12 to 18 months to study issues related to medical marijuana
dispensaries; therefore, it is likely that staff will return to the City Council with a request for a
extension of the ordinance.
ENVIRONMENTAL ASSESSMENT:
The proposed moratorium ordinance is exempt from review under the California Environmental
Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because
the proposal will not result in a direct or reasonably foreseeable indirect physical change in the
environment, and only directs that a planning study be undertaken.
FISCAL IMPACT:
Instituting a study of medical marijuana dispensaries will require a significant commitment of staff
time. While funding this staff time will not require an additional appropriation, it will require staff
to adjust its priorities in working on other issues. Failure to adopt a moratorium could require the
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commitment of additional staff and police resources to deal with any criminal issues associated
with medical marijuana dispensaries. Subsequent adoption of a licensing requirement could
increase staffing costs which could be offset by license fees.
FOLLOW UP ACTION:
As directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Proposed Urgency Ordinance
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AN INTERIM URGENCY ORDINANCE CREATING A TEMPORY
MORATORIUM RESTRICTING MEDICAL MARIJUANA DISPENSARIES
FROM BEING LOCATED IN THE CITY OF SARATOGA, TO TAKE EFFECT
IMMEDIATELY
BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA
THE CITY COUNCIL OF THE CITY OF SARATOGA FINDS AND DECLARES
AS FOLLOWS:
WHEREAS, in 1996 the voters of the State of California approved Proposition 215
which was codified as Health and Safety Code Section 11362.5, et seq., and entitled “The
Compassionate Use Act of 1996” (“the Act”); and
WHEREAS, the intent of the Act was to enable seriously ill persons to obtain, use
and cultivate marijuana for medical use under limited, specified circumstances; and
WHEREAS, on January 1, 2004, Senate Bill 420, the Medical Marijuana Program
Act (“MMPA”), became effective to clarify the scope of the Act and to allow cities and
counties to adopt and enforce rules and regulations consistent with the MMPA and the
Act; and
WHEREAS, as a result of the Act and the MMPA, individuals have established
medical marijuana dispensaries in various cities in California, and
WHEREAS, on June 6, 2005, the United States Supreme Court found in Gonzales
v. Raich, 125 S. Ct. 2195 (2005) there to be no legally recognizable medical necessity
exception under the Federal Controlled Substances Act to the prohibition of possession,
use, manufacture, or distribution of marijuana under federal law, and
WHEREAS, in February 2009 the U.S. Attorney General stated that federal law
enforcement official would ease enforcement at medical marijuana dispensaries, and in
October 2009, the U.S. Department of Justice issued a memorandum stating that federal
resources should not be focused on prosecution of individuals whose actions are in clear
and unambiguous compliance with existing state laws providing for medical use of
marijuana, and
WHEREAS, while the experiences in the regulation and policing of medical
marijuana dispensaries have varied from city to city, several California cities have
reported an increase in crime, such as burglary, robbery, odor, loitering around the
dispensaries, an increase in vehicular traffic and noise in the vicinity of dispensaries, and
the sale of illegal drugs, including the illegal resale of marijuana from dispensaries, in the
areas immediately surrounding such medical marijuana dispensaries, and
WHEREAS, The City of Saratoga has not adopted rules and regulations specifically
applicable to the establishment and operation of medical marijuana dispensaries and the
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lack of such controls may lead to an establishment of dispensaries and the inability for
the City to regulate these establishments in a manner that will protect the general public,
homes and businesses adjacent and near such businesses, and the patients or clients of
such establishments, and
WHEREAS, based on the lack of any consistent experience of cities statewide and
in the absence of any regulatory program in the City regarding the review of the
establishment and operation of medical dispensaries, the City should consider whether
negative effects on the public health, safety, and welfare may occur in the City of
Saratoga as a result of the operation of medical marijuana dispensaries and the lack of
appropriate regulations governing the establishment and operation of such facilities, and
WHEREAS, City staff requires time to evaluate the relevant issues and develop
guidance for legally appropriate regulation, and
WHEREAS, the establishment of, or the issuance or approval of any permit,
certificate of occupancy, or other entitlement for the legal establishment of a medical
marijuana dispensary in the City of Saratoga will result in a current and immediate threat
to public health, safety and welfare in that the Saratoga Municipal Code does not
currently regulate the location and operation of medical marijuana dispensaries and does
not have a regulatory program in effect that will appropriately regulate the location,
establishment, and operation of medical dispensaries in the City, and
WHEREAS, there is no feasible alternative to satisfactorily study the potential
impact identified above as well or better than the adoption of this interim urgency
moratorium ordinance.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Saratoga as follows:
SECTION 1. For purposes of this ordinance, “medical marijuana dispensary”
means any for profit or not-for-profit facility or location, whether permanent or
temporary, where the owner(s) or operator(s) intends to or does possess and
distribute marijuana for any purpose.
SECTION 2. For the period of this ordinance, or any extension thereof, a
medical marijuana dispensary shall be considered a prohibited use in any zoning
district of the City, even if located within an otherwise permitted use. No permits
or authorizations for a medical marijuana dispensary shall issue while this
ordinance is in effect.
SECTION 3. The City Manager or his designees shall: (1) review and consider
options for the regulation of medical marijuana dispensaries in the City, including,
but not limited to, the development of appropriate rules and regulations governing
the location and operation of such establishments in the City; (2) meet with medical
patients, advocates, law enforcement representatives, and other interested parties;
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and (3) provide to the City Council a written report describing the measures which
the City has taken to address the conditions which led to the adoption of this
ordinance.
SECTION 4. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines
Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) (Title 14, of the California
Code of Regulations) because it has no potential for resulting in physical change to
the environment, directly or indirectly; it prevents changes in the environment
pending the completion of the contemplated Municipal Code review.
SECTION 5. This interim urgency ordinance is adopted pursuant to Section
65858 of the California Government Code.
SECTION 6. This interim urgency ordinance shall take effect immediately upon
its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency
ordinance shall continue in effect for forty-five (45) days from the date of its
adoption and shall thereafter be of no further force and effect unless, after notice
pursuant to California Government Code Section 65090 and a public hearing, the
City Council extends this interim urgency ordinance for an additional period of time
pursuant to California Government Code Section 65858.
SECTION 7. If any section, subsection, subdivision, paragraph, sentence, clause,
phrase or word in this Ordinance or any part hereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction
such decision shall not affect the validity of effectiveness of the remaining portions
of the Ordinance or any part hereof. The City Council hereby declares that it would
have passed this Ordinance and each section, subsection, subdivision, sentence,
clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or words be declared
unconstitutional.
SECTION 8. This ordinance or a comprehensive summary thereof shall be
published in a newspaper of general circulation of the City of Saratoga within
fifteen days after its adoption.
[Continued next page.]
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The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 18th day of November, 2009, and was
adopted by at least a four-fifths (4/5) vote of the City Council as follows:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________
CHUCK PAGE
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson
PREPARED BY: Claudia Cauthorn, Interim Recreation & Facilities Director
DIRECTOR: Claudia Cauthorn
SUBJECT: Review of Facility Rental Fees and Criteria for Non-Profit Organizations
RECOMMENDED ACTION:
Review and comment on the existing Facility Rental policies and rental fees for non-profit
group use.
REPORT SUMMARY:
Recently a few non-profit groups have raised questions regarding the eligibility criteria for
not-for-profit organizations wishing to rent City facilities. This report summarizes current
City policy on this subject and provides Council with comparisons of policies from
neighboring cities. Alternatives to the current policies are outlined and discussed.
DISCUSSION:
The Facility Use Policy that governs the use of all City owned buildings was last revised
prior to 2005. The current policy provides for facility reservations to be made on a first-
come, first-served basis and reservations may not be made more than one year in advance of
the use date. A non-refundable processing fee is paid at the time the reservation is made.
This fee covers administrative time to book the reservation, schedule facility attendants and
make any other follow up arrangements that may be needed. A Security Deposit is also
collected at the time of reservation. This deposit covers additional charges should the user
stay beyond the reserved time, damages to the buildings or contents, overtime for facility
attendant staff or maintenance charges should additional cleanup be required. This deposit
is fully refunded if none of these circumstances occur. If the deposit does not cover the
charges, the user is responsible for any additional charges.
Non-profit organizations are awarded a 50% discount on rental fees provided they meet the
following criteria:
· They must provide evidence of their non-profit status. A copy of their letter from the
California Secretary of State’s office with their non-profit ID number indicated is
required.
· Their membership must be at least 51% Saratoga residents OR at least 51% of the
persons in attendance at their event must be Saratoga residents.
· The event must be open to the public, advertised as such and is for the public benefit
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· Non-profit groups requesting the use of City facilities for the purpose of fundraising
or when an admission fee is charged will pay the regular rental fee.
As an example of how this would work, if a non-profit group wanted to use the Fellowship
Hall every Friday night for 2 to 3 hours and they met all the requirements to qualify for the
non-profit rate, this group would pay approximately $6,000 for the year. If this group did
not meet all of the above criteria (say their % of Saratoga residents is only 21% instead of the
required 51%), this group would pay approximately $12,000 for the same use.
A survey of the policies from other local cities for use of their facilities by non-profit groups
is attached. As can be seen in this survey, virtually all cities have the requirement that the
non-profit group wishing to use their facilities at the non-profit rate must meet a minimum
of 51% city residents in order to qualify. Most of the cities surveyed have the additional
requirement that if a non-profit group wishes to conduct a fund-raising activity or charge
admission (or other fees), that group does not qualify for the non-profit rate for that
particular activity. The group would then pay the same rate as an individual or other
organization. Some cities limit the number of fundraising events a non-profit can host to
one per year and some have a requirement that fund-raising activities are not allowed by
non-resident non-profit groups.
RECOMMENDATION:
The City of Saratoga’s existing non-profit use policy is consistent with the policies that other
cities have for use of their facilities. No changes are recommended at this time.
FISCAL IMPACTS:
Retaining the existing policy will enable the City to reach the revenue goals recently set for
the Recreation & Facilities Department. Easing the requirements for non-profit group usage
of City facilities would seriously impact the City’s ability to meet those revenue goals as
approximately 19% of all uses of City facilities are by non-profit groups.
ALTERNATIVE ACTIONS:
· Alternate A: Should the Council wish to ease the requirements for non-profit uses at
City facilities, a replacement revenue source will be needed to meet the 65% cost
recovery revenue goal. This could be in the form of Council grants to the
organizations.
· Alternate B: Ease the requirements for non-profit group usage and reduce the % cost
recovery for the Recreation & Facilities Department commensurately.
FOLLOW UP ACTION:
Give direction to staff for policy and fee changes. Publish any changes to the policy and
fees on the City website and make it available to the public.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
City Council meeting noticed on November 12, 2009.
ATTACHMENTS:
1. Existing Council Policy for Use of City Facilities
2. Survey of Neighboring Cities Facility Use Policies re: Non-Profit Use
3. Summary of Non-Profit Uses for FY 08/09
240
RESERVATIONS
•
•
•
•
PROCESSING FEE & SECURITY DEPOSIT
•
•
•
•
•
Facility Use Policy
241
CANCELLATION POLICY
•
•
NON-PROFIT GROUPS
•
•
•
•
SET UP & CLEAN UP
•
•
•
•
USE OF ALCOHOL
•
•
•
242
ROOM CAPACITIES
GENERAL REGULATIONS
•
•
•
•
•
•
•
•
243
Saratoga Facility Rental Fees
Processing Fee
The non-refundable Processing Fee of $25.00 is to be paid at the time the Reservation
form is completed.
Security Deposit
The refundable Security Deposit of $300.00 is to be paid at the time the Reservation form
is completed.
Rental Fees
The Rental Fees are to be paid 30 days in advance of event.
COMMUNITY CENTER
Multipurpose Rm w/kitchen $120/Hr
Senior Center Rm w/kitchen $110/Hr
Patio Rm $55/Hr
Dance Studio $50/Hr
Arts & Craft Rm $50/Hr
Garden Patio $225/Day*
*Available only when renting a room w/kitchen.
WARNER HUTTON HOUSE
House & Garden $115/Hr
AVAILABLE DISCOUNTS
Saratoga Residents 10% of Rental Fee
Non-Profit Organizations 50% of Rental Fee
244
Survey of Rental Rates for Banquet Facilities
November 2009
City Banquet Rate Non-Profit Rate Fundraising Rate Comments
Saratoga $120/hour $60/hour $120/hour
Campbell $135/hour $90/hour $135/hour
Cupertino $230/hour $80/hour $80/hour
Mountain View $86/hour $64.25/hour $128/hour
To qualify for the non-profit rate,
organizations must show evidence of
501(c)3 or similar status, have at least
51% Saratoga residents in membership,
the event must be open to the public &
public benefit.All fundraising events or
events where admission is charged are
To qualify for the non-profit rate,
organizations must show evidence of
501(c)3 orsimilar status, have at least
51% Campbell residents in membership,
the event must be open to the public
with no admission or funds collected at
the event. A non-profit organization
wishing to hold a fundraising event pays
To qualify for the non-profit rate,
organizations must show evidence of
501(c)3 or similar status&have at least
51% Cupertino residnets in membership.
Nonresident non-profit organizations
may use the facility at $140/hour. There
is no distinction for fundraising activities.
To qualify for the non-profit rate,
organizationsmust show evidence of
501(c)3 or similar status & have at least
51% Mountian View residents in
membership. Fundraising events are
limited to one event per organization per
year and are only allowed by Mountain
245
Survey of Rental Rates for Banquet Facilities
November 2009
City Banquet Rate Non-Profit Rate Fundraising Rate Comments
Santa Clara $151/hour no charge 15% of gross or
$151/hour
Sunnyvale $200/hour $200/hour $200/hour
Milpitas $100/hour $100/hour $100/hour
Palo Alto $127.50/hour $85/hour $127.50/hour
To qualify for the non-profit rate,
organizations must show evidence of
501(c)3 or similar status & have at least
51% Santa Clara residents in
membership. Fundraising events are
charged the same rate as private parties
or 15% of the gross receipts whichever is
4-hourminimum is required. Off peak
uses (Monday-Thursday & Friday until 6
PM) are billed at $100/hour & $75/hour
for non-profits with a 2-hour minimum.
Proof of non-profit status is required
(501(c)3 or equivalent) as is 51%
Sunnyvale residents in membership to
receive the non-profit rate.
3-hour minimum required. To qualify for
non-profit rate, organizationsmust show
evidence of 501(c)3 or similar status &
have at least 51% Milpitas residents in
membership. Senior Citizen groups,
public & private schools, Chamber of
Commerce & governmental agencies are
exempt from all fees except staff costs
and application fee.
4-hour minimum required. To qualify for
non-profit rate, organizations must show
evidence of 510(c)3 or similar status &
have at least 51% Palo Alto residents in
membership. Off Peak rates available to
non-profits on Mondays, Tuesdays,
Wednesdaysor Thursdays.
246
Survey of Rental Rates for Banquet Facilities
November 2009
247
City of Saratoga Facility Rental Data
Rentals City Non-Profits Residents Non-Residents Revenue ^
January 30 13 22 8 7,622.25$
February 33 17 23 10 9,264.00$
March 21 12 12 9 5,749.50$
April 23 12 14 9 10,675.00$
May 29 13 12 17 10,491.75$
June 21 11 10 11 7,295.75$
July 25 9 4 21 9,165.00$
August 21 6 6 15 8,926.25$
September 15 9 4 11 7,116.00$
October 31 13 16 15 12,322.00$
November 20 8 7 13 4,957.75$
December 20 12 11 9 6,216.00$
2005 TOTAL 289 0 135 141 148 99,801.25$
48%
Rentals City Non-Profits Residents Non-Residents Revenue ^
January 28 16 17 11 7,135.00$
February 38 23 22 16 10,573.00$
March 38 25 27 11 6,271.00$
April 22 10 12 10 7,182.50$
May 33 18 18 15 8,773.00$
June 32 20 19 13 5,727.75$
July 28 10 13 15 8,499.00$
August 25 14 16 9 9,286.50$
September 27 12 15 12 5,656.00$
October 37 16 14 23 11,561.00$
November 37 16 15 22 10,074.00$
December 39 20 19 20 7,472.75$
2006 TOTAL 384 0 200 207 177 98,211.50$
54%
Rentals City Non-Profits Residents Non-Residents Revenue ^
January 46 36 28 18 8,694.44$
February *43 28 26 17 6,739.48$
March 46 26 31 15 8,050.50$
April 33 17 16 17 6,269.00$
May 38 16 15 23 11,920.25$
June 38 15 15 23 16,124.75$
July 34 1 26 8 12,114.25$
August 16 10 6 10 8,355.50$
September 29 11 6 23 10,475.50$
October 31 10 2 29 20,567.75$
November 32 16 6 10 8,600.25$
December 30 14 9 21 11,721.00$
2007 TOTAL 416 0 200 186 214 129,632.67$ this data does not add up. How can you have 416 rentals total when you have 200 non-profit, 186 resident & 214 non-resident?
48%45%51%
Community Center Rentals248
City of Saratoga Facility Rental Data
Rentals City Non-Profits Residents Non-Residents Revenue ^
January 29 8 13 8 9,555.25$
February *33 14 1 18 6,590.00$
March 29 7 14 8 4,765.00$
April 32 8 6 18 9,731.00$
May 37 2 4 31 11,718.50$
June 37 2 14 21 9,011.00$
July **30 3 1 0 26 11,022.00$
August *32 3 6 0 23 11,045.50$
September 46 12 5 0 29 12,849.75$
October 65 18 9 0 38 15,968.00$
November 59 18 10 4 27 12,726.50$
December 30 12 11 0 7 7,443.00$
2008 TOTAL 459 66 83 56 254 122,425.50$
14%18%12%55%
Rentals City Non-Profits Residents Non-Residents Revenue ^
January 57 26 15 0 16 11,821.75$
February 55 25 13 1 16 8,373.50$
March 54 25 15 0 16 6,497.00$
April 0 -$
May 0 -$
June 0 -$
July 0 -$
August 0 -$
September 0 -$
October 0 -$
November 0 -$
December 0 -$
2009 TOTAL 166 76 43 1 48 26,692.25$
46%26%1%29%
GRAND TOTAL 1714 142 661 591 841 476,763.17$
City = non-revenue producing reservations by employees and Councilmembers for meetings and such.
^ includes "regular" monthly rentals:
Bayside Fellowship Church - every Sunday, average $462 revenue each month
South Bay Youth Orchestra - every TU&WE Jan-May, average $280 revenue each month
West Valley Weight Loss - 1st and 3rd WE, average $90 revenue each month
Men's Basketball League - every Sunday night, average $308 per month
Saratoga Rotary - every Friday, average $668 per month
** facility reservations now in recTracns now in Rec c Trac
* closed for two weeks during patio concrete repair * closed for two weeks for cleaning/maintenance
Community Center Rentals249
City of Saratoga Facility Rental Data
0.539063
this data does not add up. How can you have 416 rentals total when you have 200 non-profit, 186 resident & 214 non-resident?
Community Center Rentals250
City of Saratoga Facility Rental Data
Community Center Rentals251
City of Saratoga Facility Rental Data
Rentals City Non-Profits Residents Non-Residents Revenue
Property purchased in Fall of 2002
September 10 3 7 0 0 430.00$
October 11 3 8 0 0 620.00$
November 20 2 18 0 0 1,270.00$
December 14 2 12 0 0 900.00$
2002 TOTAL *55 10 45 0 0 3,220.00$
%
Rentals City Non-Profits Residents Non-Residents Revenue
January 20 12 8 0 0 608.00$
February 20 11 9 0 0 350.00$
March 16 2 14 0 0 1,370.00$
April 14 5 9 0 0 700.00$
May 11 3 8 0 0 600.00$
June 37 28 9 0 0 870.00$
July 56 46 9 1 0 920.00$
August 18 8 10 0 0 990.00$
September 21 2 19 0 0 1,410.00$
October 19 2 17 0 0 1,370.00$
November 33 1 32 0 0 1,941.00$
December 8 0 8 0 0 990.00$
2003 TOTAL *273 120 152 1 0 12,119.00$
%
Rentals City Non-Profits Residents Non-Residents Revenue
January 19 1 17 1 0 1,540.00$
February 24 1 23 0 0 1,745.00$
March 9 1 8 0 0 600.00$
April 12 2 10 0 0 790.00$
May 9 1 8 0 0 700.00$
June 29 19 10 0 0 1,050.00$
July 44 42 1 1 0 700.00$
August 43 33 10 0 0 900.00$
September 12 3 9 0 0 760.00$
October 21 2 19 0 0 1,280.00$
November 17 2 15 0 0 1,120.00$
December 18 2 16 0 0 998.00$
2004 TOTAL *257 109 146 2 0 12,183.00$
%
North Campus Rentals252
---------'===-------
City of Saratoga Facility Rental Data
Rentals City Non-Profits Residents Non-Residents Revenue
January 21 1 19 2 0 1,604.00$
February 19 0 8 0 0 700.00$
March 12 0 7 1 0 1,450.00$
April 9 0 3 1 0 780.00$
May 6 0 0 0 0 290.00$
June 7 0 0 0 0 1,160.00$
July 1 0 0 0 0 100.00$
August 0 0 0 0 0 -$
September 1 0 0 0 0 60.00$
October 1 0 0 0 0 405.00$
November 1 0 1 0 0 60.00$
December 0 0 0 0 0 -$
2005 TOTAL *78 1 38 4 0 6,609.00$
%
Rentals City Non-Profits Residents Non-Residents Revenue
January 8 1 7 0 0 280.00$
February 1 0 0 1 0 50.00$
March 1 1 0 0 0 -$
April 1 0 0 1 0 90.00$
May 9 1 8 0 0 420.00$
June 7 0 7 0 0 280.00$
July 42 42 0 0 0 -$
August 31 28 0 3 0 80.00$
September 19 8 4 7 0 748.00$
October 22 8 9 5 0 460.00$
November 22 9 9 4 0 480.00$
December 14 5 7 2 0 380.00$
2006 TOTAL *177 103 51 23 0 3,268.00$
%
Rentals City Non-Profits Residents Non-Residents Revenue
January 16 4 12 0 0 540.00$
Administration Building closed for renovation
July 15 15 0 0 0 -$
August 11 11 0 0 0 -$
September 20 1 0 19 0 5,400.00$
October 1 0 0 1 0 5,400.00$
November 0 0 0 0 0 -$
December 1 0 0 1 0 350.00$
2009 TOTAL *64 31 12 21 0 11,690.00$
48%19%33%
North Campus Rentals253
City of Saratoga Facility Rental Data
Rentals City Non-Profits Residents Non-Residents Revenue
January 0 -$
February 0 -$
March 0 -$
April 0 -$
May 0 -$
June 0 -$
July 0 -$
August 0 -$
September 0 -$
October 0 -$
November 0 -$
December 0 -$
2010 TOTAL *0 0 0 0 0 -$
%
GRAND TOTALS 904 374 444 51 0 49,089.00$
City of Saratoga Rentals (no charge):
Sister City (Taiko Drummers)
Commission Meetings
Council Retreat
Employee Training
Registrar of Voters
Sheriff Department training
Friends of Saratoga Library meetings
Saratoga Fire District
Saratoga Historical Foundation (museum)
SASCC
Recreation Department Summer Camps
Recreation Department Theater group
Non-Profit Organizations (50% discount):
Boy Scouts
Chinese-American Women
Eastfield Ming Quong
Religious Groups (various)
Saratoga Community of Painters/Artists
Residents (receive 10% discount)
* INCOMPLETE DATA AVAILABLE
North Campus Rentals254
SUMMARY OF FACILITY RENTALS
Rentals City Non-Profits Private Revenue ^City Non-Profits Private
Community Center 487 143 79 265 100,724.14$ 55$ 14,421$ 86,248$
Senior Center 143 42 55 46 10,568.52$ -$ 6,445$ 4,124$
WH House 73 51 2 20 9,458.54$ -$ 686$ 8,772$
North Campus 64 31 12 21 11,690.00$ -$ -$ 11,690$
2008/2009 TOTAL 767 267 148 352 132,441.20$ 55$ 21,552$ 110,834$
35%19%46%0%16%84%
255
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Parks and Recreation Commission North Campus Name Recommendations
RECOMMENDED ACTION:
Accept report and select one of the names recommended by the Parks and Recreation
Commission for the North Campus.
BACKGROUND:
During the City Council’s joint meeting with the Parks and Recreation Commission in 2008, the
Council asked the Commission to lead a public process to rename the North Campus. Following
the meeting, the Commission became familiar with the site to gain a better perspective of potential
uses of the site and how the name could help brand the City facility. Additionally, the Commission
reviewed the City’s naming policy to develop criteria for a public naming contest.
The Commission then created rules for a public contest to rename the North Campus based on its
intended uses and the City’s naming policy. Below are the rules established by the Commission for
the naming contest:
- Name must reflect the surrounding environment or make a historic connection with the
site
- Name must include the word Saratoga
- Name must be 5 words or less
The public was allowed to submit proposals online, by mail, or in person. Submissions for the
contest were accepted between September 24, 2009 and October 23, 2009. During this time, 58
proposals were received.
Parks and Recreation Commissioners reviewed all of the proposals and selected what they
considered to be the top 5 submissions during their meeting on November 10, 2009. The names
recommended by the Parks and Recreation are:
- Prospect Park Saratoga
- Saratoga Grace Campus
- Saratoga North Community Center
- Saratoga Prospect Campus
- Saratoga Prospect Park
256
Page 2 of 2
The Commission will be presenting these to the Council for decision at the November 18, 2009
City Council meeting.
All of the proposals submitted during the contest are listed in Attachment A. Staff has not
removed duplicates or names that did not meet the contest criteria.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
A new name for the North Campus will not be selected.
ALTERNATIVE ACTION(S):
The Council may decide to independently select a name for the North Campus or provide further
direction to the Parks and Recreation Commission.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: North Campus Name Contest Submissions
257
North Campus Name Contest Submissions 1
North Campus Name Contest Submissions
1. City of Saratoga North Campus
2. Grace Center of Saratoga
3. Prospect Park Saratoga
4. Saratoga Activity Center
5. Saratoga Activity Center
6. Saratoga Blue Hills Community Center
7. Saratoga Center for the Community
8. Saratoga Charm
9. Saratoga Community Center
10. Saratoga Community Center North
11. Saratoga Community Center North (SCCN)
12. Saratoga Community Prospect
13. Saratoga Cultural Center (S.C.C.)
14. Saratoga Cultural Center (SCC)
15. Saratoga Event Center
16. Saratoga Family Life Center
17. Saratoga Fellowship Center
18. Saratoga Friendship Festival Center
19. Saratoga Friendship Hall
20. Saratoga Friendship Park
21. Saratoga Gatehouse at Blue Hills
22. Saratoga Grace Campus
23. Saratoga Grace Center
24. Saratoga Grace Community House
25. Saratoga Greenlands Campus
26. Saratoga Hope Hall
27. Saratoga in the North Woods
28. Saratoga in the Woods
29. Saratoga International Unity Hall
30. Saratoga Multi‐Cultural Community Center
31. Saratoga North Community Center
32. Saratoga North Community Center
258
North Campus Name Contest Submissions 2
33. Saratoga Place
34. Saratoga Prospect Campus
35. Saratoga Prospect Campus
36. Saratoga Prospect Campus
37. Saratoga Prospect Campus (or Center)
38. Saratoga Prospect Center
39. Saratoga Prospect Park
40. Saratoga Prospect Rotunda
41. Saratoga Ranch
42. Saratoga Recreation Center
43. Saratoga Serene Center
44. Saratoga Toll Gate Center
45. Saratoga United Events Center
46. Saratoga Unity Center
47. Saratoga's Grace United Community Center
48. Saratoga‐West Valley Community Center
49. Saratoga Fellowship Campus
50. Saratoga Fellowship Campus
51. The Saratoga Family Center
Submissions that did not meet contest criteria:
52. Family Life Center
53. Grace Campus
54. Grace Center
55. Prospect Community Center
56. The Beautiful Place
57. The Grace Center at Prospect
58. The Ranch on Prospect
259
Page 1 of 3
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: CaliforniaFIRST Letter of Commitment
RECOMMENDED ACTION:
Accept report and approve CaliforniaFIRST letter of commitment.
BACKGROUND:
CaliforniaFIRST:
CaliforniaFIRST is a turnkey property assessed clean energy (PACE) program that was developed
by the California Statewide Communities Development Authority (California Communities), a
joint powers authority. The program will be administered by Renewable Funding LLC, which has
also managed PACE programs for the City of Berkeley and Boulder County in Colorado.
Additionally, Renewable Funding will soon be launching a new PACE program in San Francisco.
Municipalities can “opt in” to the CaliforniaFIRST program to allow property owners to finance
clean energy projects through bonds that are issued by California Communities. Bonds are then
repaid through the property taxes of participating property owners over a 10-20 year period.
CaliforniaFIRST is a voluntary program and only affects property owners that choose to
participate in the program.
To participate in CaliforniaFIRST, municipalities pay a onetime start up fee. In turn, California
Communities handles all administration of CaliforniaFIRST. The cost for Saratoga to opt in to the
CaliforniaFIRST program is $12,500.
CaliforniaFIRST Pilot Program:
Before CaliforniaFIRST is rolled out on a statewide basis, it will first be tested in pilot counties
and cities throughout the State. The pilot program will be launched sometime between spring and
early summer 2010. The statewide program would then become active late summer 2010.
The pilot program will allow CaliforniaFIRST to be implemented in phases and also improve the
program’s bond rating before being introduced statewide. If Santa Clara County participates in
the CaliforniaFIRST pilot program, Saratoga will also be eligible to be part of the pilot program.
260
Page 2 of 3
State Energy Program – Municipal Financing Program Grant:
As part of the American Recovery and Reinvestment Act, the State of California has received
$226 million for the State Energy Program (SEP). Of this money, $95 million will be used to fund
an Energy Efficiency Program that will provide grants to qualified organizations for residential
building retrofit, municipal and commercial retrofit, and municipal financing programs. The
State’s SEP funds are being administered by the California Energy Commission.
Renewable Funding and California Communities have been working with Sacramento County to
prepare an SEP municipal financing program grant application to cover the costs of program
financing, local coordination, and marketing for all municipalities participating in the pilot
CaliforniaFIRST program. If the grant is awarded to Sacramento County it would cover the City
of Saratoga’s start up costs to participate in the CaliforniaFIRST program.
Next Steps:
The California Energy Commission is requiring that all of the cities that intend to participate in the
CaliforniaFIRST pilot program submit a letter of commitment. The letter of commitment fulfills
two purposes. First, it authorizes Sacramento County to act as the lead agency in submitting the
SEP grant application for CaliforniaFIRST pilot program participants. Second, it will verify the
amount of SEP funds needed for the CaliforniaFIRST pilot program. Renewable Funding has
indicated that the letter of commitment is non-binding.
Following submission of the letter of commitment, pilot counties and cities will need to adopt a
resolution to join the CaliforniaFIRST program by January 18, 2010. This resolution will
authorize CaliforniaFIRST to accept applications from property owners, conduct contractual
assessment proceedings, and levy contractual assessments within the jurisdiction. Pilot
municipalities can note in the resolution that participation in the CaliforniaFIRST pilot program is
contingent upon SEP funds being awarded to cover the start up costs of CaliforniaFIRST pilot
jurisdictions.
FISCAL IMPACTS:
There are no fiscal impacts associated with authorizing signature of the letter of commitment. If
the City should decide to move forward in the CaliforniaFIRST pilot program then the cost of
participation for Saratoga will be $12,500.
However, this cost may be covered by Sacramento County’s SEP grant for municipal financing
and the City can decide to make participation in the CaliforniaFIRST pilot program dependent
upon the award of SEP municipal financing funds for the CaliforniaFIRST pilot program.
Alternatively, the Council may decide to use Council Contingency Funds to cover the cost of
opting in to the CaliforniaFIRST pilot program if SEP monies are not awarded to the program.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City will not submit a letter of commitment to CaliforniaFIRST and will not be included in
the pilot program.
ALTERNATIVE ACTION(S):
261
Page 3 of 3
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Letter of Commitment for CaliforniaFIRST program
262
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • www.saratoga.ca.us
COUNCIL MEMBERS:
Jill Hunter
Kathleen King
Howard Miller
Susie Nagpal
Chuck Page
November 18, 2009
Elizabeth Stone, Contracts Officer
California Energy Commission
1516 Ninth Street, MS-18
Sacramento, California 95814
RE: PON #400-09-401 Municipal Financing Program Application: CaliforniaFIRST
Program
Dear Ms. Stone:
The City of Saratoga is pleased to offer this letter of commitment to the State Energy Program
application of Sacramento County regarding the CaliforniaFIRST Program, a property assessed
clean energy program, sponsored by the California Statewide Communities Development
Authority (“California Communities”). I am authorized to sign this letter of commitment on
behalf of the City of Saratoga pending final approval of City Council.
Through participation in this municipal financing program, the City of Saratoga strives to create
lasting market and behavioral changes resulting in the increased adoption of distributed
generation renewable energy sources and energy efficiency improvements for the property
owners in the our jurisdiction.
The City of Saratoga authorizes Sacramento County as the lead agency in submitting this
application on behalf of our jurisdiction to provide funding in two program areas to ensure the
long-term success of this innovative municipal financing program:
Program Financing Costs—to buy-down the interest rate on the initial round(s) of
projects financed by the CaliforniaFIRST Program; cover fixed costs associated with
bond counsel, bond disclosure, and bond rating; and fund set-up fees for counties and
cities which cover legal and validation costs, as well as the deployment of technology to
support local programs.
Local Coordination and Marketing Costs—to provide for grant administration;
technical assistance; agency coordination; steering committee participation; education,
outreach, incentives, and marketing; and community coordination for property owners
participating in the program.
263
Aligned with the U.S. Department of Energy (DOE) and California Energy Commission (CEC)
State Energy Program strategies, our proposed program will increase green jobs, increase
energy efficiency and deployment of renewable energy technologies, promote economic
activity, and reduce greenhouse gas emissions.
The City of Saratoga will help to guide program development and implementation in our
jurisdiction and throughout the region by serving on the appropriate steering committee, and
coordinating with state level CaliforniaFIRST partners, local government coordination program
partners, and relevant internal departments. We will work collaboratively to ensure the success
of the pilot and the long-term success of the program.
The City of Saratoga intends to seek City Council approval and provide the CEC with the
necessary governing board resolutions contingent upon finalization of the resolutions, proposal
selection for funding, and inclusion in the Notice of Proposed Awards. The resolutions are:
1. Authorization for the collaborative lead agency bidder Sacramento County to
apply for and receive funding on behalf of the City of Saratoga, and
2. Authorization for City of Saratoga to join the California Communities
CaliforniaFIRST Program.
City of Saratoga is grateful for your consideration of this proposal. If you have any questions
regarding this request, please feel free to contact:
Barbara Powell, Assistant City Manager
(408) 868-1215
bpowell@saratoga.ca.us
Crystal Morrow, Administrative Analyst II
(408) 868-1275
cmorrow@saratoga.ca.us
Sincerely,
Chuck Page, Mayor
City of Saratoga
264
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 18, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director
SUBJECT: Energy Efficiency Projects – Funding Resolution
RECOMMENDED ACTIONS:
1. Accept Report and provide direction to staff.
2. Approve Budget Resolution.
REPORT SUMMARY:
The City’s Capital Improvement Plan (CIP) includes various energy efficiency projects, most unfunded,
such as replacing the City’s old HVAC units with energy efficient models and installing solar panels at City
Hall Campus.
The Mayor and Vice Mayor are proposing to move existing funds in the amount $250,000 from the Multi-
Purpose Room Improvement Fund Project to fund the replacement of HVAC units at City Hall and
Community Center and to fund solar energy improvements in the Corporation Yard.
High Efficiency HVAC Units
This project would replace the worse performing of the 29 Heating, Ventilation, and Air Conditioning
(HVAC) systems at City Hall and the Community Center with high efficiency, Energy Star rated systems.
There are seven (7) HVAC units at City Hall and Community Center that are reaching the end of there
lifecycle. HVAC systems account for 30 to 50 percent of the annual electric bill and high efficiency
systems can reduce energy consumption by 20% to 30% per unit per year. New models are also much
friendly to the environment as they utilize non ozone depleting refrigerant. The cost to replace the seven (7)
HVAC units is estimated at $125,000.
Solar Improvements
Two years ago the City Council approved and funded a CIP project to build a shelter structure for
equipment and vehicles at the Corporation Yard which could also support solar panels. If constructed, the
structure will have the capacity to house 80 kW of energy production.
Approximately 15 kW can be purchased for $125,000 including connections, etc. If you add this to the 10
kW of solar power the City has through Akeena Solar, the amount of energy the project will generate will
be approximately 25 kW.
265
Page 2 of 2
The Corporation Yard has approximately 16 kW of demand, which will leave 9 kW of additional energy
production from the system. This additional energy can be directed to the Community Center. The annual
energy savings will be 100% for the Corporation Yard ($4,500) and approximately 15% for the
Community Center ($2,700).
FISCAL IMPACTS:
Annual savings in electrical costs will be realized from this project and long term benefits to the City’s
rolling stock will occur from the construction of the shelter structure.
A Budget Resolution is attached which transfers $250,000 from the Multi-Purpose Room Improvement
Fund Project to the High Efficiency HVAC System Project ($125,000) and the City Hall Solar Project
($125,000).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The two projects would not be funded and the energy efficiency projects would not move forward.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
Improvements will begin as soon as possible.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Budget Resolution.
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RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2009/10
TO PROVIDE FUNDING FOR HIGH EFFICIENCY HVAC SYSTEM PROJECT AND CITY
HALL SOLAR PROJECT
WHEREAS, the City Council desires to fund energy efficiency projects; and
WHEREAS, financing in the amount of $125,000 is needed for the replacement of seven HVAC
units at City Hall and the Community Center; and
WHEREAS, financing in the amount of $125,000 is needed for the first phase of the City Hall Solar
Project located in the Corporation Yard; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 budget as follows:
Account Description Account# Amount
To appropriate expenditures for the High Efficiency HVAC System Project and City Hall Solar Project
High Efficiency HVAC System Project – Exp Appropriation: TBD $125,000
City Hall Solar Project – Exp Appropriation: TBD $125,000
To transfer funds from Multi Purpose Room Improvement Fund to the High Efficiency HVAC System
Project and City Hall Solar Project:
Multi Purpose Room Improvement Fund – Transfer Out (close) TBD ($250,000)
High Efficiency HVAC System Project – Transfer In: TBD $125,000
City Hall Solar Project – Transfer In: TBD $125,000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves the above adjustments to the Fiscal Year 2009/10 Capital Improvement Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a
regular meeting of the Saratoga City Council held on 18th day of November 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Chuck Page, Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, City Clerk
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