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Home My WebLink About03-02-2005 City Council staff reports CITY OF SARATOGA CITY COUNCIL LAND USE AGENDA TUESDAY, MARCH 1, 2005 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR MARCH 2, 2005 AGENDA 1. APPLICATION #04-370 (503-68-013) CHRISTENSEN/ROSSI; 14111 Palomino Way - Appeal by Christensen of a Planning Commission decision requiring modifications to an outdoor kitchen/wall and deck within the side yard setback. The plans depict the walled deck as currently 6 feet 6 inches at the closest point to the property line on the Rossi property located at 14111 Palomino Way. The property is located in the Hillside Residential District and the lot size is 45,716 square feet. The City Council conducts site visits to properties which are new items on the City Council agenda. The site visits are held on Tuesday preceding the Wednesday hearing between 3 :00 p.m. - 5:00 p.m. Site visits only occur when there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. AGENDA COMMISSION AD HOC COMMITTEE ARTS COMMISSION FINANCE COMMISSION HERITAGE PRESERVATION COMMISSION LIBRARY COMMISSION PARKS & RECREATION COMMISSION PLANNING COMMISSION PUBLIC SAFETY COMMISSION YOUTH COMMISSION MARCH 1, 2005 SPECIAL MEETING - 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM -13777 FRUlTV ALE AVENUE REPORT OF CITY CLERK ON POSTING OF AGENDA (pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 24, 2005) 1. Commission Ad Hoc Committee Recommended action: Develop options for restructuring Commission activities ADJOURNMENT In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II} Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meetin {the Commission Ad Hoc Committee was posted on February 24, 2005 at the office / the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available r pu ic review at that location. The agenda is also available on the City's website t' w . arato a. ca. us Ih day of February 2005 at Saratoga, California. AGENDA CITY COUNCIL STUDY SESSION MARCH 2, 2005 STUDY SESSION - 5:00 P.M. ADULT CARE CENTER-19655 ALLENDALE AVENUE 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 February 24, 2005) COMMUNICATIONS FROM PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to 3 minutes on matters not on this agenda. I. Introduction of Minimum Services and the New Normal- Dave Anderson City Manager 2. Citizen Input 3. Priority Setting Exercise - City Council 4. Conclusions & Direction - Mayor and 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 arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted February 24,2005 at the office of 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 \vww.saratoga.ca.us S' ~4th day of February 2005 at Saratoga, California. C t ,CMC C y lerk AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 2, 2005 REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITY ALE 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 February 24, 2005) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Al!endized 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 The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendationsfrom Boards and Commissions requiring City Council approval are considered as independent agenda items. Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS \ None CEREMONIAL ITEMS 1. Proclamation declaring March 2005 as "Red Cross Month" Recommended action: Present proclamation. SPECIAL PRESENTATIONS 2 Presentation - Melinda Cervantes County Librarian Resolution In Support of Local Libraries Recommended action: Adopt resolution 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. 3A. Review of Check Register Recommended action: Approve check register. 3B. Fiscal Year 2005-2006 Budget Development Process Recommended action: Accept and file report. 3C. Saratoga Gateway Project - Execution of Construction Contract Recommended action: Move to authorize the City Manager to execute a construction contract with Golden Bay Construction in the amount of$2,219,032; Adopt budget amendment resolution. 3D. Civic Theater Sound System Project - Award of Bid Recommended action: Move to declare Lloyd F. McKinney Associates, Inc. to be the lowest responsible bidder on the proj ect. 3E. First Amendment to the Existing Storm Water System Protection Inspection Services Recommended action: Authorize the City Manager to execute agreement on behalf of the City of Saratoga. 3F. Revised First Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention Program Agreement Recommended action: 1. Authorize the City Manager to execute the revised First Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention Program Agreement (Agreement). 2. Authorize the City Manager to approve a change in the Program contracting/fiscal agent from the Santa Clara Valley Water District to one of the fourteen other Program co-permittees. 2 3G. Legal Services Agreement - City Attorney Recommended action: Authorize the Mayor to execute agreement with Richard Taylor, City Attorney. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total often 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 jive minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting. 4. Appeal ofa Planning Commission Decision Regarding 14111 Palomino Way, which Required Modifications to a Walled Outdoor Kitchen And Deck, which was Constructed in the Side Setback Recommended action: Conduct the public hearing; Deny the appeal and adopt attached resolution, which upholds the Planning Commission decision which was adopted at the January 12, 2005 Planning Commission meeting. OLD BUSINESS None NEW BUSINESS 5. EI Quito North Neighborhood Traffic Management Program Recommended action: Accept plan and adopt resolution. 6. Facilities Five Year Master Plan Recommended action: Accept report and adopt Master Plan. 7. Assistant Engineer Vacancy Recommended action: Designate position as "essential' and Authorize City Manager to fill position. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kin!! Association of Bay Area Government Hakone Foundation Liaison Santa Clara County Cities Association Santa Clara County Emergency Preparedness Council SASCC West Valley Mayors and Managers Association 3 Vice Mavor Norman Kline County Cities Association Leg. Task Force Library Joint Powers Association SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) Valley Transportation Authority PAC Village AdHoc Design Review AdHoc Councilmember Nick Streit Recycling & Waste Reduction Commission ofSCC Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Kevin Moran Park AdHoc Councilmember Aileen Kao ChmnberofCommerce County HCD Policy Committee Peninsula Division, League of California Cities DeAnza Trail AdHoc Councilmember Ann Waltonsmith KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Saratoga Historic Foundation Sister City Liaison Fire Distract Boundary Drop AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNED TO CLOSED SESSION CLOSED SESSION - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a)) Nmne of case: Hinz v. City of Saratoga v (Santa Clara County Superior Court Case No. 105CV034746) 4 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 or ctclerk@Saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: L Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on February 24, 2005 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available f9r public review at that location. The agenda is also available on the City's ebsite .sar tOf!a. ca. us 11f February 2005 at Saratoga, California. r, CMC, Cit Clerk 5 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 3/8 Study Session - Budget Priorities 3/9 Planning Commission Interviews 3/16 Regular Meeting & Study Session 4/6 Regular Meeting - Joint Meeting with Planning Commission 4/20 Regular Meeting 5/4 Regular Meeting 5/18 Regular Meeting 6/1 Regular Meeting 6/15 Regular Meeting - Joint Meeting with Friends of the Saratoga Library 7/6 Regular Meeting - Joint Meeting with Villa Montalvo Board 7/20 Regular Meeting - Joint Meeting with Chamber of Commerce 8/3 Regular Meeting - Joint Meeting with Saratoga Museum Association 8/17 Summer Recess 9/7 Regular Meeting - Joint Meeting with Hakone Foundation 9/21 Regular Meeting 10/5 Regular Meeting 10/19 Regular Meeting 11/2 Regular Meeting 11/16 Regular Meeting 12/7 Regular Meeting - Council Reorganization 12/21 Regular Meeting 6 SARA TOGA CITY COUNCIL MEETING DATE: March 2, 2005 AGENDA ITEM: \ c/J~/ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Ci)~ DEPTHEAD: Cathleen e i lerk SUBJECT: Proclamation - Proclamation Declaring The Month of March 2005 "Red Cross Month" RECOMMENDED ACTION: Read proclamation and present it to a representative from the American Red Cross. REPORT SUMMARY: The American Red Cross of Santa Clara Valley Chapter and the American Red Cross Blood Services, Northern California Region have requested that the City Council declare March 2005 as "Red Cross Month". FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A - ATTACHMENTS: Attachment A - Proclamation +' 't CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF MARCH 2005 "RED CROSS MONTH" WHEREAS, the American Red Cross Santa Clara Valley Chapter has served our community by providing lifesaving information, training, and disaster relief to individuals and families for the past 106 years; and WHEREAS, the Red Cross is a leading voluntary agency meeting the needs of individuals and families affected by personal emergencies and disaster; and WHEREAS, the Red Cross has trained thousands in our community in essential skills such as first aid and CPR, and provided education and disaster preparedness information, saving untold numbers of lives; and WHEREAS, the American Red Cross Blood Services, Northern California Region, provides more than 120,000 pints of blood to local patients each year; and WHEREAS, March has been designated as "Red Cross Month" by U.S. Presidential Proclamation to celebrate the achievement ofthe Red Cross in the services it provides to communities nationwide. NOW THEREFORE, I do recognize the Red Cross as the lead voluntary agency to help families prepare for a disaster and meet the immediate needs of individuals affected by disaster, and a leading voluntary agency training families in first aid, CPR, and preparedness education; and providing blood and other needed services. FURTHER, I urge that our community acknowledge and support the ongoing contribution of the Red Cross in helping our families prevent, prepare for, and respond to emergencies and disasters during Red Cross Month and throughout the year. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 2nd day of March 2005. Kathleen M. King, Mayor Saratoga, California rt -l.. SARATOGA CITY COUNCIL MEETING DATE: March 2,2005 AGENDA ITEM: 2- OJ~~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Resolution In Support of Local Libraries RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: Santa Clara County voters approved a 1994 ballot measure (Measure A) to provide supplemental funding for local libraries to restore service hours, books and services at local libraries. Unfortunately, this measure expires June 2005. Last year, there was an attempt to pass Measure B which would have provided a 7-year funding plan to augment the County library budgets of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Morgan Hill, Monte Sereno, Saratoga, and other Santa Clara County libraries in unincorporated areas. Unfortunately, Measure B did not receive the minimum number of votes to pass. This year, on January 27,2005, the Library Joint Powers Authority (JPA) voted to bring back two separate ballot measures in the form of a mail-in ballot for Santa Clara County households in May 2005. Both must pass with two-thirds majority vote. The first measure establishes a lO-year renewal of the existing 1994 funding by a special tax of$33.66 per single family residence while the second measure seeks to increase by $12.00 annually to restore library hours, volumes of books, and programs and services. However, the second measure is designed to pass only if the first one successfully passes. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: City Council could opt not to adopt resolution of support. FOLLOW UP ACTION: City Clerk to send certified copy of resolution to the following people: . Melinda Cervantes, SCC Library, 1095 N. Seventh St. San Jose, CA 95112-4446 . Sara Flowers, SCC Library, 1095 N. Seventh St. San Jose, CA 95112-4446 . Friends of the Saratoga Library ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Draft Resolution RESOLUTION 05- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF LOCAL LIBRARIES WHEREAS, the pending expiration of the current parcel tax will result in significant reductions in revenues for our local public libraries; and WHEREAS, current revenues have been inadequate and forced significant reductions in library hours and services; and WHEREAS, parcel tax revenues can provide a stable, predictable source of local funding to maintain and restore essential library services that students, seniors and other members of our community rely on; and WHEREAS, parcel tax revenues allow local voters to make investments in their community libraries and the education of our children; and WHEREAS, maintaining access to our neighborhood libraries for students is essential for maintaining quality education in our community; and WHEREAS, parcel tax revenues can be spent according to local priorities and all funds are returned to the library that serves the community from which it originated; and WHEREAS, the Saratoga City Council supports local control; and WHEREAS, the Santa Clara County Library has placed new two parcel tax measures on the May 3,2005 ballot for consideration by their local voters. NOW, THEREFORE, BE IT RESOLVED that the Saratoga City Council expresses its support for these local parcel tax measures (Measures A and B) and encourages all citizens concerned with lack of adequate financial resources for libraries to vote yes. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of March 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk SARA TOGA CITY COUNCIL PREPARED By:qU,}'../ rtuL Jaye Tkach, a.s. II AGENDA ITEM: CITYMANAG..,ER: ~J~/ DEPTHEAD: \~~ ),-,> .P'" oAt MEETING DATE: 03/02/2005 ORIGINATING DEPT: Admin Svcs SUBJECT: Check Register for 02/22/2005 RECOMMENDED ACTION: That the City Council accepts the Check Register for 02/22/2005. REPORT SUMMARY: The attached Check Register for 02/22/2005. The checks were released on 02/23/2005. Payroll checks were released on 02/17/2005. Starting Ending Total Type of Checks Date Checks # Check # Checks Amount Account Payable 2/22/2005 98670 98763 94 528,594.20 Payroll 2/3/2005 30596 30631 36 114,069.79 TOTAL 642,663.99 The prior Check Register for 02/9/2005 ended with check number 98669. Following is a list of checks issued for more than $10,000.00, and a brief description of the expenditure. 98687 City of San Jose 001 2025 Animal Services 3/05 12,916.67 City of San Jose 150 3015 Maint/Operation Traffic 2,317.43 98701 G. Bartolatta & Co. 150 3005 2004 Pavement Mgmt. 106,605.56 98703 George Bianchi Canst. 352 0209 Storm Drain Repair/Upgrade 13,381.20 98736 Rhodes Architectural 351 0203 CDBG-Hakone Gardens 15,723.99 98743 Santa Clara County 001 2015 Law Enf. Svcs. 2/05 284,394.00 98748 Shute, Mihaly 001 1025 City Attomey Matters 12/04 23,089.76 FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: Fund # Fund Description AlP Total PR Total Total 001 General 348,349.28 29,467.63 377,816.9] ]50 Streets & Roads ] 13,057.90 27,604.16 140,662.06 ]80 LLA Districts 23.46 2,] ] 5 .39 2,138.85 250 Development Svcs 12,484.74 32,707.27 45,]92.0] 260 Environmental 5,327.4 8 3,476.12 8,803.60 270 Housing & Comm 6,262.50 6,262.50 290 Recreation 3,] 56.64 ] 0,420.83 ]3,577.47 291 Teen Services 250.00 4,]21.22 4,37].22 292 Facility Ops ],325.00 3,693.54 5,0]8.54 293 Theatre S urc harge 463.63 463.63 320 Library Expansion 4,318.74 4,318.74 351 Pub lic Safety ] 5,723.99 ]5,723.99 352 Infrastructure 17,202.45 17,202.45 353 Facility - 354 Park and Trail - 420 Leonard Road - 800 Deposit 1,112.02 ],] ] 2.02 TOTAL 528,594.20 114,069.79 642,663.99 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register PREPARED02/22/200S 08:21 ACCOUNTS PAYABLE CHECK REGISTER PAGE 1 PROGRAM: GM346L ACCOUNTING PERIOD 2005/08 CITY OF SARATOGA REPORT NUMBER 27 - - - - - - - - ~ - - - - - - - -- ----- ------~-------~---- -------- -------- . - - - - - ~- CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN) TOTAL - ~ - -- ------- - ~ - ~ -- --------~--------~--------- ----------- --------- -------- 98670 10 ABAG POWER PURCHASING POO 003840 02/22/2005 001-1060-513.40-23 677.74 677.74 677.74 98671 2645 ADVANTAGE JANITORIAL SUPP 003513 02/22/2005 001-1060-513.]0-02 707.90 003745 02/22/2005 001-1060-513.30-02 199.7] 907.63 907.63 98672 2850 ALL CITY MANAGEMENT SERVI 003518 22108 02/22/2005 001-2020-52].40-70 496 .44 496.44 496 .44 98673 1964 ALLIED ADMINISTRATORS - P 003724 02/22/2005 001-0000~210.20-01 ]81.12 381.12 ]81.12 98674 196] ALLIED ADMINI5TRATORS- PL 00]72] 02/22/2005 001-0000-210.20-01 3,998. ]1 3,998. ]1 3,998. ]1 98675 176] AMERICAN PLANNING ASSOCIA 00]768 02/22/2005 250~4010-542.30-30 395.00 395.00 ]95.00 98676 2715 ARBOR RESOURCES 00]512 21944 02/22/2005 250-4010~542.40-10 6,640.50 003752 21944 02/22/2005 250-4010-542.40-10 3,3]9.00 9,979.50 9,979.50 98677 1523 ARROWHEAD MOUNTAIN SPRING 003841 02/22/2005 001-1060-513.40-15 40.04 00]845 02/22/2005 001-1060-51].40-15 40.04 80.08 80.08 98678 31 ASHBY, DAVID 00]802 02/22/2005 150-3015-5]2.30-01 10.00 10.00 10.00 98679 3059 AWARD COMPANY OF AMERICA 003775 02/22/2005 001-1005-511.]0-01 412.50 412.50 412.50 98680 5 BAILEY, PATRICIA 003747 02/22/2005 292-0000-260.00-00 100.00 100.00 100.00 98681 2852 BILL GOULD DESIGN 003778 02/22/2005 260-5005-552.40-10 941.30 941.30 941.]0 98682 51 BOETHING TREELAND FARMS 003784 02/22/2005 001-30]0-532.40-14 324.75 324.75 324.75 98683 2048 BOREL, KRISTIN 003764 02/22/2005 250-4010-542.30-01 32.46 32.46 ]2.46 98684 5 BOY SCOUTS PAC 566 003847 02/22/2005 292-0000-260.00-00 300.00 300.00 300.00 98685 2049 BOYER, CATHLEEN 003835 02/22/2005 001-10]0-511.40-01 ]6.00 00]8]6 02/22/2005 001-1030-511.40-05 20.25 56.25 56.25 ~ o o o o Z ~ "Z ~~ ~ O~ OO~ ~~ ZO 00 ~ ~ w ~ ~ 0 "N~ o o ~ , NO ~OON " ~ 8 " ~ - . ~o O~ ~- ~o ~, Z ~" ~- ~ OH ~~ ~ 8~ "0 0_ , "~ ~~ ~o ~O HZ Z~ ~ " < ~ W ~ - o X ~ o , " o o o o Z ~ " 00 o 00 N H n"" H"" ~O_ <0" "~ O~" ~~- o " 0 ~~, "~, "WN ~.N O~' ~~, ~ 0 a ~ ~ n o o o Z ~ o ~ ~ ~ " z. 00 < o o ZO OX - . < Z~ ~a _0 ~ < ~ ZZ 00 o " n ZX O~ n " W o o o o Ww 000 000 000 00 a o o o N 00 N o o o o N ~ o o N , N N , N a a ~ o o W ~ . 00 " o N ~ Z ~ o " ~ ~ ~ X ~ ~ 00 00 ~ 00 ~ a H . a N 00 W W . 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" m " ~ ~ "0 , 00 , 00 " ~ r-r-r-r- r-cocococn r-roalCO 00 ~ 00 00 , UZ H H H H MH M MMMr"1 MMMMM M,...,r'1"'" M H H H H 0 0 0 0 0 00 0 0000 00000 0000 0 0 0 0 0 0 0 0 0 0 00 0 0000 00000 0000 0 0 0 0 0 > > " ~ " ~ " " 00 00 '" 00 " U " U ~ " ~ ~ " ~ " 00 ~ 0 0 " ~ U ~ " U " 0 ~ ~ 00 " H 0 " U ~ " U '" " " " 00 Z " w ~ Z " ~ H ~ U '" 0 00 0 '" Z H 0 ~ 0 > 0 ~ U > 0 0 0 . H U H " " Z < < " 0 0 0 0 " " 00 H Z Z " '" ~ 0 00 " 00 N 000 '" ~ 0 0 " 0 " H > ~~ H . 00 0 0> ~ " ~ ~ 00 ~ z ~ u 0 ~ " " ~ 0 ooz 0 ~ z ~ 0 U 0 W " U 0> > ~ H " H '" 0 ~ U ~ U " < " z " 0 0 " " 0 ~ U " U " H Z " " 0 ~ N H 0 U " U U ~ ~ 0 H ~ ~ Z ~ u " " < 00 00 00 0 " 0 ~ ~ ~ z Z 0 0 " " ~ ~ " ~ " 0 " 0 , M ~ m N N , ~~g m N m ~ H , N " M , 0 N m 0 0 H M , ~ N ~ N'~ 0 ~ m " m N H H m ~ . . " 0 NH" 00 " N N N N M M ~~" zZ N~" 00 0 '" > 0 m N M ~ W , ~ m 0 " N ~~~ 0 H . H N N N N N N N N N N H H M "" " , , , , , , , , , , , , , , ~~> U ~ 00 ~ ~ ~ ~ 00 00 00 ~ 00 ~ 00 00 WO~ 000 m m . m m m . . . m . m m m ""H "Z ~"U U PREPARED02/22/2005 08 ;21 ACCOUNTS PAYABLE CHECK REG I STER PAGE 5 PROGRAM; GM346L ACCOUNTING PERIOD 2005/08 CITY OF SARATOGA REPORT NUMBER 27 ------------------ ----- ------------------- ------ ---------- ---------- CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK NO NO NAME NO NO ACCOUNT (NET OF DISC/RETAIN TOTAL ------ ------- ------ ------------------------- ------- ---------- ------ 98732 3057 PUTZ, STEVE 68.60 68.60 987]) 2657 QUALITY ASSURANCE TRAVEL 003553 02/22/2005 290-6005-564.40-51 840.00 840.00 840.00 98734 333 R.V. CLOUD COMPANY 003783 02/22/2005 150-3025-532.40-14 71.45 003807 02/22/2005 150-3025-532.40-14 182.29 253.74 253.74 98735 334 REED & GRAHAM, INC. 003610 02/22/2005 150-3005-532.40-14 206.76 206.76 206 76 98736 3035 RHODES ARCHITECTURAL STON 003779 02/22/2005 351-0203-622.40-10 15,723.99 15,723.99 15,723.99 98737 341 S.A.S.C.C. 003860 02/22/2005 270-7015-572.40-10 6,048.00 6,048.00 6,048.00 98738 3124 S. P. CASPARY CaNST., INC. 003883 02/22/2005 250-4015-422.01-00 80.50 003884 02/22/2005 001-1040-413.05-00 11.70 003885 02/22/2005 250-4015-422.01-00 122 .50 003886 02/22/2005 001-1040-413.05-00 18.00 003887 02/22/2005 250-4015-422.01-00 80.50 003888 02/22/2005 001-1040-413.05-00 11.70 324.90 324.90 98739 5 SALTER, L. 003889 02/22/2005 800-0000-260.10-00 118.90 118.90 118.90 98740 ]44 SAN JOSE BLUE PRINT 003482 02/22/2005 250-4010-542.40-41 78.67 003760 02/22/2005 250-4010-542.40-41 33.48 003781 02/n/2005 001-3035-532.40-41 18.36 003782 02/22/2005 001-3035-532.40-41 43.96 174.47 174.47 98741 ]46 SAN JOSE WATER COMPANY 003798 02/22/2005 001-1060-513.40-22 423.85 003799 02/22/2005 001 3030-532.40-22 1,199.20 003800 02/22/2005 150-3025-532.40-22 595.73 003801 02/22/2005 180-3040-532.40-22 20.12 2,238.90 2,238.90 98742 349 SANCRA 003743 02/22/2005 290-6005-564.30-30 15.00 15.00 15.00 98743 96 SANTA CLARA COUNTY 003733 22107 02/22/2005 001-2015-523.40-10 284,394.00 284,394.00 284,394.00 98744 353 SARATOGA CHAMBER OF COMME 003789 02/22/2005 001-1005-511.40-04 80.00 80.00 8000 98745 3019 SARATOGA FIRE PRoTECTION 003788 02/22/2005 001-1020-511.40-04 35,00 n n~~ z" H~~ ~ ~ ~ ~ ~ ~ ~ O~,:;1g~ ~ ~ ~ ~ ~ ~ ~ , , , , , , , ~, ~> ~ W . . . . . 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SARATOGA CITY COUNCIL MEETING DATE: September 5, 2001 AGENDA ITEM: l~ p3 70' ." , /,-V-_.-, ., DEPT HEAD: ORIGINATING DEPT: Public Works ~_. . PREPARED BY<-/ //'- ......-/~ - CITY MANAGER: \ SUBJECT: Storm water System Protection Inspection Services Agreement Between Santa Clara County Central Fire Protection District and City of Saratoga, City of Campbell and Town of Los Gatos RECOMMENDED ACTION(S): 1. Receive report from staff. 2. Authorize City Manager to execute Inspection Services Agreement between Santa Clara County Central Fire Protection District and City of Saratoga. REPORT SUMMARY: On August 23,1995, the California Regional Water Quality Control Board issued a new National Pollution Discharge Elimination System (NPDES) Permit to the cities within Santa Clara County that drain into San Francisco Bay. The new permit replaces the initial five year permit issued in 1990, and subsequently amended in 1992, to control the discharge of pollutants into San Francisco Bay via storm water runoff. The NPDES Permit is required in Santa Clara County by federal Clean Water legislation because San Francisco Bay is identified as an impacted body of water. Storm water System Protection Inspection services are an integral component of the obligation of Saratoga to protect the natural waters of the State under the terms and conditions set forth in the National Pollutant Discharge Elimination System (NPDES) Permit. In response to results of continuing water quality monitoring in the southern part of San Francisco Bay that indicate persistent, unacceptable levels of these pollutants, and because of intense lobbying efforts of environmental groups, the new five year NPDES Permit requires more aggressive regulation of industrial and commercial activity. One area of increased oversight is mandatory, systematic field inspection and reporting of those business sites with the highest potential for discharge of pollutants to the storm drain systems within Santa Clara County. The Santa Clara County Central Fire Protection District (CFD) currently performs annual hazardous material storage inspections of all business sites within the City of Campbell and the Town of Los Gatos. The proposed agreement will include the City of Saratoga in the agreement 1 f and II p:ovides th~ scope Ofhthfeshe annual insdP;ct!I~~S would be expanded to include storm water .J po ulion proteclion at eac 0 t ese targete laC! llies. CFD staff would perform the inspections and forward the result of those inspections to the West Valley Clean Water Program Manager for follow-up and enforcement actions, if necessary, to ensure compliance with the City's storm water pollution prevention ordinance, The inspection reports and compliance efforts will be included in Saratoga's annual NPDES reports to the California Regional Water Quality Control Board. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget in General Engineering, Account No. 4010 (Contract Services). Saratoga will pay the District $75.00 per hour for inspection and inspection-related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of$I,OOO,OO per year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Inspection service agreement will not be approved and the City will not meet the NPDES requirements. ALTERNATIVE ACTION(S): ~ None in addition to the above. FOLLOW UP ACTION(S): Forward the agreement to the Santa Clara County Fire District. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A _ Storm water System Protection Inspection Services Agreement Between Santa Clara County Central Fire Protection District an City of Campbell, City of Saratoga, and Town of Los Gatos J 2of2 If. , L L. L. STORMW ATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT BETWEEN SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT AND CITY OF CAMPBELL, CITY OF SARATOGA, AND TOWN OF LOS GATOS THIS AGREEMENT is entered into on July I, 2001, between the SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT (hereinafter "District"), CITY OF CAMPBELL, CITY OF SARATOGA, and TOWN OF LOS GATOS (herinafter the Cities and the Town collectively described in this AGREEMENT as "Campbell/Los Gatos/Saratoga"). RECITALS A. WHEREAS Campbell, Los Gatosand District entered into an AGREEMENT on March 5, 1996 thereafter amended on May 1, 1997, whereby the District provided stormwater protection services to Campbell and Los Gatos; and B. WHEREAS District is experienced and equipped to conduct facility inspections and is authorized by State law to enter into a contract to provide stormwater system protection inspection services; and C. WHEREAS Campbell, Los Gatos and District desire to continue their contractual relationship by entering into this AGREEMENT wherebyDistrict personnel will provide such services as specified in the AGREEMENT, Scope of Services, Exhibit "A" hereto, and any written amendments which hereafter may be agreed to by the parties; and D. WHEREAS Saratoga desires to enter into an agreement with the District for District personnel to provide such services as specified in this AGREEMENT, Scope of Services, Exhibit "A" hereto, and any written amendments which hereafter may be agreed to by the parties; and E. WHEREAS Stormwater System Protection Inspection services are an integral component of the obligation of Campbell! Los Gatos/Saratoga to protect the natural waters of the State under the terms and conditions set forth in the National Pollutant Discharge Elimination System (NPDES) Permit, No. CAS0297I 8, any amendments thereto and/or any renewals thereof, issued and approved by the California Regional Water Quality Control Board. San Francisco Bay Region; and F. WHEREAS Campbell/Los Gatos each have individual agreements with the West Valley Sanitation District (hereinafter WVSD) for collection of fees in each jurisdictions for the purpose of stormwater program management and stormwater program maintenance, including industrial stormwater system protection inspection services. Page 1 CFPD URP Inspection Contract June 6, 200l-Final Draft , STORMWATER SYSTEM PROTECTION INSPEcrION SERVICES AGREEMENT " J I. OBUGA TlONS OF DISTRICT. The District agrees to: a. Provide the services of trained and knowledgeable personnel to perfonn stonnwater system protection inspection services as specified in Exhibit A attached hereto and incorporated herein by this reference. Comments or concerns by District regarding the stormwater system protection inspection program shall be directed to the West Valley Clean Water Program Manager (hereinafter "WVCWP Manager") for review and periodic program modification; such modifications shall be incorporated into the Stormwater System Protection Inspection Program pending agreement by all parties to this AGREEMENT, Such stormwater system protection inspections shall occur during routine fire safety and/or hazardous materials inspections. b. Provide reports, as necessary for Campbell/Los Gatos/Saratoga to fulfill NPDES permit documentation and reporting requirements, to the WVCWP Manager on an annual basis. Report format and contents shall be as specified in Exhibit A. c. Ensure that appropriate District personnel have received applicable technical, law enforcement, and safety. training to adequately and safely perform the services. d. Provide all necessary equipment, vehicles, uniforms, and other associated materials, J office space, and staff support to provide the services required by this AGREEMENT. e. Provide and use inspection forms, order violation and referral forms, which are approved by the WVCWP Manager and which satisfy applicable CampbelllLos Gatos/Saratoga NPDES Permit obligations to document and enforce the stormwater system protection inspection program. f. Provide annual invoicing to the WVCWP Manager for payment of services, with copies directed to CampbelVLos Gatos/Saratoga. Invoices must describe services rendered under this AGREEMENT and state the rates therefore pursuant to Provision 7 herein in the manner detailed in Exhibit A. Invoicing shall separate charges for services rendered separately for CampbelVLos Gatos/Saratoga. g. Provide general information on the facility inspection program to the WVCWP Manager and CampbelVLos Gatos/Saratoga as needed. 2. OBLIGATIONS OF CAMPBELULOS GATOS/SARATOGA. Campbell/Los Gatos/Saratoga agree to: a. Provide the District with copies of all relevant written local regulations, policies, procedures, public improvement plans, permit documentation, and other information as~ requested by the District, and necessary for District to perform its services under this ..J AGREEMENT. Page 2 CFPD URP Inspection Contract June 6. 200I-Final Draft " . ,. (. \. (. STORMW ATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT b. Remit payment to District within forty-five (45) days after receipt of invoices for services rendered under rIlls AGREEMENT, in accordance with the WVSD accounting cycle. c, Provide handouts, such as Best Management Practices (BMPs) and Urban Runoff Program (URP) brochures, as appropriate. d. Provide designated representatives to assist District in coordinating this program and District's performance described herein. 3. DESIGNATION OF PERSONNEL TO PROVIDE SERVICES. The District shall designate and identify to the WVCWP Manager the name, experience level, and training of personnel who wilI be providing primary program supervision of services under this AGREEMENT. The District shall provide notice to the WVCWP Manager of designee prior to the time of assignment, unless an emergency requires that such notice not be provided until after assignment has occurred. Any changes in designated personnel shall be advised to the WVCWP Manager within 15 working days of such changes. 4. SCOPE OF AUTHORITY. Should an inspection by District personnel reveal or disclose a potential violation of an applicable URP ordinance, rule, or regulation, the inspector in charge of the inspection shall note and report the violation to the WVCWP Manager and forward a copy of the violation notice as follows: a. Potential violations that are found during regular Hazardous Materials inspection duties and involve an active discharge of such materials directly into or that reach a catch basin, storm drain, or water body shaU be forwarded to the appropriate regulating agency's police dispatch. b. All other potential URP violations that do not fall into those described in 4.a. above shall be noted and referred to the WVCWP Manager with a copy to the appropriate regulating agency for further action as specified in Exhibit A, No District inspector shall have authority to enter into any AGREEMENT regarding abatement, delay, or alternative procedure without first obtaining the consent ofCampbel1JLos GatoslSaratoga, as applicable. If District personnel are refused access to any premise for inspections pursuant to this AGREEMENT, the District shall refer such inspection problems to the appropriate city or town representative for disposition. 5. TERM OF AGREEMENT. Unless terminated earlier pursuant to Provision 6 of the AGREEMENT, this AGREEMENT shall have a three (3) year term commencing on July I, 2001 through June 30, 2004 with the option of extending the AGREEMENT for two (2) additional one (1) year periods upon mutual agreement and by written amendment pursuant to Provision 15 of the AGREEMENT, 6. TERMINATION OF AGREEMENT. Any party to the AGREEMENT may terminate this AGREEMENT with or without cause on 30 working days written notice to the other three parties. Upon termination by any party, the District shall be entitled to payment for services rendered but not invoiced as of date of the term. Page 3 CFPD URP Inspection Contract June 6. 20ot-Final Draft 1 STORMW ATER SYSTEM PROTECJ10N .! INSPECfION SERVICES AGREEMENT 7. TERMINATION OF EXISTING AGREEMENT. The City of Campbell, the Town of Los r; Gatos and the District entered into an Agreement on March 5, 1996, thereafter amended on --' May 1, 1997, whereby the District provides stOITllwater protection services to Campbell and Los Gatos. By entering into this new AGREEMENT and signing below, all three parties agree to terminate the current Agreement on June 30, 2001 without any further action and begin a new contractual relationship which shall include the City of Saratoga as well. 8. PAYMENT. Campbell agrees to pay the District $75,00 per hour for inspection and inspection-related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of$l 1,000 per year. Los Gatos agrees to pay the District $75.00 per hour for inspection and inspection-related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of $5,000 per year, Saratoga agrees to pay the District $75.00 per hour for inspection and inspection- related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of$I,OOO per year. Campbel1lLos Gatos/Saratoga shall pay for services rendered related to inspections conducted within their respective jurisdictions. Payments shall be for services actually rendered by a District employee in inspection services pursuant to this AGREEMENT (as referred to in l.a. above), 9. INDEPENDENT CONTRACTOR. It is understood and agreed herein that the District and its employees, in the performance of the work and services agreed to be performed, shall act as and be independent contractors and not agents or employees of Campbel1lLos '.'~ Gatos/Saratoga. As independent contractors no employees ofthe District shall obtain any rights to retirement benefits, medical benefits, leave, or any other benefits that accrue to Campbel1lLos Gatos/Saratoga employees, District agrees to make its employees available to testify in any litigation or prosecution brought regarding the subject of the work to be performed under this AGREEMENT. District shall be compensated for its employees' costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by the District or is based on allegations of District's 'negligent performance or wrongdoing. 10. WORKER'S COMPENSATION, District shall maintain Workers' Compensation coverages as required by California law and its employees shall be considered employees of District in performing services under this AGREEMENT. 11. OWNERSHIP OF RECORDS AND AUDIT, a. All original records of inspections, orders, and other documentation regarding the stormwater program shall be retained and maintained by the District for a minimum of five (5) years. Access to and copies of such records shall be made available to Campbel1lLos Gatos/Saratoga, and the WVCWP Manager upon request. b, District shall maintain the records in an appropriately secure manner. Some or all of these records may be subject to disclosure pursuant to the California Public Records Act, 1"""\ Freedom ofInfoITllation Act, and/or other applicable regulations and shall be managed ...J accordingly, Page 4 CFPD URP Inspection Contract June 6, 2001-Final Draft \ ' L L l STORMW ATER SYSTEM PROTECl10N INSPECfION SERVICES AGREEMENT c. District acknowledges that these services are conducted under State and Federal law as well as local authority. District shall make its non-confidential records and written procedures, available for review by State and Federal authorities as they may lawfully direct. In addition, CampbelIlLos Gatos/Saratoga may accompany or otherwise review District performance of this AGREEMENT as they may choose, 12. INDEMNIFICATION. In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that pursuant to Government Code Section 895.4, each of . the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense, or cost, damage or liability imposed for jury (as defined by Government Code Section 8 I 0.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this AGREEMENT, No party, nor any officer, board rnember, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this AGREEMENT. 13. NONDISCRIMINATION, All parties shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Sections 12900 ct seq.); and California Labor Code Sections 1101 and 1102. The Parties hereto shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry,religion,'sexlgender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall the Parties discriminate in provision of services provided under this contract because of age race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical conditions, political beliefs, organizational affiliations, or marital status. 14. WAIVER. No failure on the part of any party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this AGREEMENT constitute a continuing waiver of a subsequent breach of the same or any other provision of this AGREEMENT. Page S CFPD URP Inspection Contract June 6, 2001~Final Draft STORMW ATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT -. , !- J IS. GOVERNING LAW. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, Venue for any action regarding this AGREEMENT shall be in the appropriate court in the County of Santa Clara. 16. AMENDMENT, No modification, waiver, mutual termination, or amendment of this AGREEMENT is effective unless made in writing and signed by all Parties hereto the District and CampbelVLos Gatos/Saratoga. 17. NOTICES. Notices or communications to be given under this AGREEMENT shall be given as follows, unless a party designates a change in its address to the other parties in writing. TO DISTRICT: SCC Central Fire Protection District Hazardous Materials Division 14700 Winchester Boulevard Los Gatos, CA 95032-1818 Telephone: Fax: TO CITY OF CAMPBELL: Department of Public Works 70 N. First Street Campbell, CA 95008-1423 Telephone: Fax: TO TOWN OF LOS GATOS: Department of Parks and Public Works 110 E, Main Street P.O, Box 949 Telephone: Los Gatos, CA 95032 Fax: TO CITY OF SARATOGA Department of Public Works . 13777 Fruitvale Ave. Saratoga, CA 95070 Telephone: Fax: (408) 378-4010 (408) 378-9342 (408) 866-2747 (408) 376-0958 J (408) 399-5770 (408) 354-8529 (408) 868-1241 (408) 354-8529 TO WEST V ALLEY CLEAN WATER PROGRAM MANAGER, 18041 Saratoga-Los Gatos Road Telephone: (408) 354-4734 Monte Sereno, CA 95030 Fax: (408) 395-7653 18. CONSTRUCTION, Nothin~ contained in this AGREEMENT shall be construed as intended to create or to create a Joint Powers Agency of any kind. 19. ENTIRE AGREEMENT. This AGREEMENT constitutes the complete and exclusive statement of the AGREEMENT between the DistrictfCampbelVLos Gatos/Saratoga. No terms, conditions, understandings or AGREEMENTS purporting to modify or vary this AGREEMENT, unless hereafter made in writing and signed by the party to be bound, shall "'"" be binding on either party. J Page 6 CFPD URP Inspection Contract June 6. 200 I-Final Draft f t. STORMW A TER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT l.. IN WITNESS WHEREOF, District and Campbel1!Los Gatos/Saratoga have executed this AGREEMENT as of the date indicated next to their signatures. SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT Aporoved as to form and legalitv: By Date Leslie Orta, Deputy County Counsel Date Chairperson, Board of Directors Attest: Phyllis Perez, Board Clerk, Date CITY OF CAMPBELL . Aooroved as to form: By Bernard M. Strojny, City Manager Date William Seligmann, City Attorney Date Attest: Anne Bybee, City Clerk, Date '--- TOWN OF LOS GATOS Aooroved as to form: By Debra Figone, Town Manager Date Orry Korb, Town Attorney Date Attest: Marian V. Cosgrove, Town Clerk Date CITY OF SARATOGA Aooroved as to form: By Dave Anderson, City Manager Date Richard S. Taylor, City Attorney Date Attest: Cathleen Boyer, City Clerk Date L- Page 7 CFPD URP Inspection Contract June 6. 200l-Final Draft ~ STORMW A TER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT l Scope of Work Exhibit A J I. EXECUTIVE SUMMARY A. The objective of the Stonnwater Protection Inspection Program (Inspection) is to verify protection of the municipal stonn drain system from non-stonnwater discharges originating from industriallcommercial facilities that have been identified as being significant contributors to stonnwater pollution. It is recognized that many of the identified pollutants of concem and sources of significance are currently addressed through other existing inspection programs, such as Hazardous Materials Storage Inspections. In an effort to streamline inspection efforts and to relieve undue regulatory burdens to the business community, Urban Runoff Pollution (URP) inspections will be conducted in combination with existing Hazardous Materials Storage Inspections. The purpose of the URP inspection component will be to address discharges that are ill!! within the current regulatory authority of the Hazardous Material Inspection Program (or other existing inspection programs, including but not limited to source control, pretreatment, and POTW inspections, Health and Safety Inspections, and Hazardous Waste Inspections), but are illegal under local stormwater ordinances. B. The Central Fire Protection District (District) shall integrate into and/or modify its existing fire safety and/or hazardous materials inspection programs to provide URP inspections for the City of Campbell, Town of Los Gatos, and facilities in Saratoga that ...) are within the jurisdiction of the District. The information used to define the URP inspection components, such as types ofURP facilities and URP activities, shall be maintained in a District database. Data reports required for reporting to the Regional Water Quality Control Board (RWQCB) shall be provided by the District to the West Valley Clean Water Program (WVCWP) Manager with a copy to CampbelllLos . Gatos/Saratoga representatives in order to meet National Pollutant Discharge Elimination System (NPDES) Permit reporting obligations. II. BACKGROUND AND DEFINITIONS A. URP Facilities: Categorization by a facility's potential for polluting stormwater based solely upon the nature of business. URP facilities are defined as those facilities whose activities involve the storage, use or handling of hazardous materials and may be categorized as conducting one or more of the following activities. 1. Auto Repair _ installation, modification, cleaning, repair and/or replacement of motor vehicle chassis, body, or parts. 2. Cleaners - fabric cleaning. 3. Machine Shop - manufacture, modification or repair of metallic parts. 4. Paint - application, distribution, packaging or selling. ,) Page I CFPO URP Inspection Contract June 6, 2001-Final Draft ~ STORMWATER SYSTEM PROTECfION INSPECfION SERVICES AGREEMENT .., 5. Pesticide - application, distribution, packaging or selling. 6. PhotolPrint - developing! processing, or producing. 7. Other URP Facilities- generate hazardous waste, discharge to sanitary sewer or store underground tanks (i.e., facilities which conduct URP activities but which have not yet been categorized). B. URP Activities: Categorization of a facility's potential for pollution based upon activities actually conducted on-site. URP Activities are defined as on-site activities that take place at a facility, which may adversely impact storm, water, 1. GEN - hazardous waste generators, 2. POTW _ permitted dischargers to sanitary sewer or Publicly Owned Treatment Works (pOTW). 3. UST - underground storage tank site. C. Inspection Assignments: The Inspection Assignment is determined by the complexity and/or compliance of a facility storing, using or handling hazardous materials. Inspection assignments are not static and can change from year to year based upon actual field conditions, The following are inspection assignment characteristics: .., I. ECIDFM inspections are conducted by engine company personnel and Deputy Fire Marshals. These inspections typically involve simple hazardous materials. These inspections typically do not involve underground storage tank facilities. These inspections typically include facilities that are in good compliance standing. 2. HM-2 inspections are conducted by hazardous materials response team personnel. These inspections typically involve moderate hazardous materials facilities whose storage amounts exceed 55 gallons (liquids), 500 pounds (solids) or 200 cubic feet (gases) and underground storage tanks. These inspections typically include facilities that are in'good compliance standing. 3. HMSP inspections are conducted by hazardous materials specialist personnel. These inspections typically involve more complex hazardous materials facilities whose storage amounts exceed 55 gallons (liquids), 500 pounds (solids) or 200 cubic feet (gases) and typically involve underground storage tank facilitates. Additionally, these inspections typically include facilities that are upgrading or are experiencing compliance problems. ill. STORMW ATER INSPECTION PROGRAM. The basic components of the Stormwater Inspection Program shall include, but is not limited to: ~ A. Training. District shall provide URP training at least annually for all inspectors performing URP Inspections. District shall make available appropriate staff to attend and Page 2 CFPD URP Inspection Contract June 6. 2001 ~Final Draft "..__.._~___.._~,_"..___>_____.__"~ _..""...___"" ___....___"_A._.".____~_,,..... y STORMW ATER SYSTEM PROTECI10N INSPECTION SERVICES AGREEMENT l participate in relevant and necessary Santa Clara Valley Urban RWlOffPollution Prevention Program Meetings and/or Workshops that impact the CampbelJ/Los Gatos/Saratoga Stormwater Inspection Program, Such occurrences shall be adequately notified and requested by the WVCWP Manager (Cross reference: Contract Provisions la, Ic, and all of 4). B. Recordkeevine and Documentation. District shall keep and maintain all data and documentation required by the Stormwater Inspection Program. Documentation and/or report submittals for CampbelJlLos Gatos/Saratoga shall be directed to the WVCWP Manager as follows: ...) 1. Data. Data maintained by District shall be updated on an on-going basis and shall include the most current information regarding all facilities receiving URP Inspections. Such information includes but is not limited to: a. Name ofPacility b. Address of Facility c. URP Facility Type d. URP Activities e. Inspector Type Assigned f. Inspection Quarter g. Business License Status 2. Reporting. Per Contract Provision 1 b, 1 f, 4 and lOa, a report shaU be completed by the District and submitted to the WVCWP Manager no later than forty-five (45) days after the fourth Inspection Quarter ends. All submittals will be verified by the WVCWP Manager against previous year reports. The report shall include details of .....J the following items: Contract Provision 3 (designation of personnel, modifications only), Exhibit A Section ill.A (staff training), Exhibit A Section m.Bl (facility information), Exhibit A Section m.B3 (forms, modifications only), Exhibit A Section m.c and E (inspection/ violation reports), Exhibit A Section ill.F (program evaluation), and Contract Provision If (invoices to WVCWP, CampbelJlLos Gatos/ Saratoga), including a list of the facilities inspected in each jurisdiction during the invoice period), 3. Forms. District may revise or modify existing forms and/or create new forms as appropriate, provided they adequately address CampbelJlLos Gatos/Saratoga URP inspection obligations. All forms used in conjunction with URP mspections shall be approved by the WVCWP Manager. C. Inspections. Stormwater Inspections shall be integrated into existing or rnodified Hazardous Materials Storage Inspections. At a minimum, the following (non-hazardous) stormwater issues shall be addressed during a URP inspection: 1. Visual inspection of documentation of on-site storm drain system, including location of on-site catch basins, adjacent water bodies and outfalls at the site, shall be verified. Such information may be included in a Stormwater Pollution Prevention Plan (SWPPP), Hazardous Materials Business Plan or other related document(s). ..J Page 3 CFPD URP Inspection Contract June 6, 2001-Final DTaft ~. STORMW ATER SYSTEM PROTECTION INSPECfION SERVICES AGREEMENT ..., 2. Visual inspection of site for evidence of recurring or chronic non-stormwater discharge(s) and/or contamination in and/or near catch basins, adjacent water bodies and outfalls, D. Outreach, District shall make available and distribute appropriate and applicable URP brochures, manuals and other information. District shall provide feedback regarding handout material and request adequate supplies ofmateriais from the WVCWP Manager. Available materials may include: I. The Bay Begins - Brochure. 2, Pests Bugging You - Brochure. 3. Automotive related Industrial BMPs - Brochures and Manual. 4, Mobile Cleaners BMPs - Manual 5. Oil Recycle information for small quantity generators - Brochure (produced by Santa Clara County Household Hazardous Waste Program). 6, Others - as made available E. Violation Enforcement. Referral and Follow-up. A copy of the URP inspection form and information regarding referral of related observed potential URP violations shall be given to facility subsequent to the inspection. -., I. Observatioll$ which involve discharge violations regulated by separate (inspection) programs, including but not limited to hazardous materials storage ordinances, source control, hazardous waste, and health and safety, shall be managed per existing District protocol. A copy of noted observed potential URP violation(s) and referral to appropriate agencies shall be provided to the WVCWP Manager in accordance with Exhibit A Section m.C2 above. 2, Other Observed Potential URP Violations. During inspections observed potential URP violations not covered. under Section IIIE. I. above shall be determined to be "active" or "passive". Active observed potential URP violations are. defined as violations which involve actual discharges which occur outdoors, is exposed to rain and/or stormwater runoff, occurs near, in or at a storm drain, catch basin, outfall, or adjacent water body. Active potential observed violations shall be referred by District in a timely manner to the WVCWP Manager with copies to appropriate CampbellJLos Gatos/Saratoga representatives for follow-up actions. A copy of follow-up reports shall be provided by CampbellJLos Gatos/Saratoga, as applicable, to the WVCWP Manager and made available to the District upon request. A copy of noted violation(s) and referral to appropriate agencies shall be provided to the WVCWP Manager in accordance with Exhibit A Section m,B2 above. .., F. Evaluation. Evaluation analysis and recommended Program modifications shall be prepared and submitted by the District in accordance with Exhibit A Section III.B3. At a minimum the evaluation should include the following: Page 4 CFPD URP Inspection Contract June 6. 200l-Final Draft .--~"._.._' --_.~---- .--.-....,...-..... --,-----_._.. -- .-----_.~---_._...._._._---- -- -_._---,_.,.._.._"~_..~~_._-_.._,.......-._------_._.._--_..-.-.- STORMW ATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT 1. .1. Evaluation of staff training, field inspections, including feedback on outreach materials (see Exhibit A Section m,D. above). 2. Summary of typical observed potential violations, and general program efficiency (referraVfollow-up procedures, public awareness and participation). 3. Areas for Program improvement. 4. Suggestions for assisting facilities in understanding and implementing BMPs etc, Such evaluation, analysis and/or recommendations will require at least one annual meeting with the WVCWP Manager. Prior to Campbell/Los Gatos/Saratoga submittal of its annual report to the R WQCB, the District shall review pertinent sections of the report for content accuracy. Page 5 CFPO URP Inspection Contract lune 6, 2001-Final Draft ! J ~ ~ SARATOGA CITY COUNCIL March 2, 2005 3F CITY MANAGER: 6/J~/ DEPTHEAD:~e~ John Cherbone, Public Works Director MEETING DATE: AGENDA ITEM: ORIGINATING DEPT: Public Works PREPAKEDBy,J..l ~ Iveta Harvancik, Associate Engme r SUBJECT: Revised First Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention Program Agreement RECOMMENDED ACTION(S): 1. Authorize the City Manager to execute the revised First Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention Program Agreement (Agreement). 2. Authorize the City Manager to approve a change in the Program contracting/fiscal agent from the Santa Clara Valley Water District to one of the fourteen other Program co- permittees. REPORT SUMMARY: Background: National Pollutant Discharge Elimination System (NPDES) Permit, required by San Francisco Bay RWQCB, jointly regulates public agencies in Santa Clara County. This Permit imposes waste discharge requirements focused specifically on the reduction of storm water pollutants and effective elimination of non-storm water discharges to San Francisco Bay. Thirteen cities in the Santa Clara County, the County of Santa Clara and the Santa Clara Valley Water District jointly developed and established the Santa Clara Valley Urban Runoff Pollution Prevention Program (Program) to collaborate on compliance with the joint permit. The details of this collaboration are contained in the original Agreement (Attachment 1), which expires on March 10, 2005. On December 15, 2004, Council authorized City Manager to execute first Amendment to the Agreement that would have continued the term ofthe Agreement indefinitely, while retaining the ability of any party to terminate its participation in the Program on thirty (30) days notice. (Attachment 2). Including Saratoga, thirteen of the fifteen co-permittees approved the Amendment during the months of December 2004 or January 2005. Amendments to the Agreement are only valid if approved by all fifteen Program co-permittees. In February 2005, the Santa Clara Valley Water District notified the Program Management Committee (comprised of representatives from all co-permittees) that the Water District Board of Directors would only approve an Amendment to extend the term of the Agreement for one year beyond the current March 10, 2005 expiration date. The Water District Board also voted to require that the Amendment include a requirement that the Program conduct an independent review to evaluate the Agreement's cost allocation formula and evaluate the term, scope and cost of the Program by December 31, 2005. The Water District has also provided notice, as permitted under the Agreement, of its intent to withdraw as the contracting/fiscal agent for the Program. It is anticipated that one or two of the other co-permittees will take over these role(s). On February 17'\ the Program Management Committee unanimously voted to recommend that each of their agencies approve the revised Amendment of the Agreement as proposed by the Water District. Approval of the revised Amendment allows the Program's activities to continue into FY 05-06 without interruption. By continuing the current cost sharing allocation, the Amendment provides for adequate time and analysis to precede changes to the cost sharing formula and slates such changes to coincide with implementation of a new stormwater permit, anticipated in early 2006. Authorization of a change in the contracting/fiscal agent(s) is also necessary in order for the Program to continue to function. Discussion: As with the original Amendment, the proposed revision does not alter the existing cost sharing allocations for the Program. Per current cost allocations, Water District's proportional share of the Program cost is 30.02%. Saratoga's present share is 1.59%, which translates to $50,490 in FY 2004/05 and is proposed at a slightly lower amount of $49,574 for FY 2005/2006. The Agreement can still be terminated by the City with a 30-day notice, as stated in section 6.03 of the original agreement. Membership with the Program is not mandatory, but the associated compliance work for the NPDES permit is, and would need to be performed by either staff or outside consultants, most likely at a higher cost to the City. Staff therefore recommends that the amendment is approved and City remains associated with the Program. FISCAL IMPACTS: None in addition to existing Agreement. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If the Agreement is not amended it terminates March 10, 2005. City will need to attain NPDES permit compliance independently. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Amendment will be executed and forwarded to appropriate Program staff. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Original Agreement Providing for Implementation of Santa Clara Valley Urban Runoff Pollution Prevention Program 2. First Amendment to the Agreement 3. Revised Amendment to the Agreement ATTACHMENT 1 AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM THIS AGREEMENT, is made and entered into this day of 1999 by and between the SANTA CLARA VALLEY WATER DISTRICT (DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBEll, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HilLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MllPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California. All of the above-mentioned entities are hereinafter collectively referred to as 'PARTIES' or individually as "PARTY." RECITALS: A. The 1986 Water Quality Cohtrol Plan for the San Francisco Bay (Basin Plan), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, in implementation of the Federal Clean Water Act, required that PARTIES develop a program to control pollution from urban runoff, or non point sources of water pollution in the Santa Clara Valley. . B. In furtherance of their responsibilities pursuant to the Basin Plan, the PARTIES have previously entered into a series of agreements to jointly fund the cost of preparing an action plan to evaluate non point source pollutants, monitor identified pollutants, and develop control measures to mitigate or reduce nonpoint source pollution. Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to this Agreement, were known as the Santa Clara Valley Nonpoint Source Pollution Control Program and upon execution of this agreement henceforth shall be known as the Santa Clara Valley Urban Runoff Pollution Prevention Program (hereinafter called "Program"). C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33 U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the n 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MIEMORANDUM OF AGRIEIEMIENT Page 2 of 13 discharge of stormwater to navigable waters. NPDES permits are also required under Section 402 (p) for any stormwater discharge which the Federal Environmental Protection Agency (EPA) or a State has determined contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters. D. Section 402 (p) further required EPA to promulgate regulations for initial NPDES permit applications for stormwater discharges. The EPA promulgated such regulations in November 1990. E. The EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES permit process within California and, in turn, the SWRCB has delegated authority to the California Regional Water Quality Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the NPDES permit process within its region. F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR adopted the following orders further defining the program that the PARTIES are to develop and implement: 1. Order No. 90-094 (NPDES Permit No. CA0029718), adopted June 20,1990; and 2. Order No 95-180 (NPDES Permit No. CAS029718); adopted August 23, 1995. , G. In and for the mutual interest of the PARTIES, the PARTIES wish to continue the Program by entering into this Agreement for the purpose of ensuring continued participation, in terms of cost and administrative responsibilities. H. DISTRICT is a local public agency of the State of California duly organized and existing within the County of Santa Clara, The County of Santa Clara is a political subdivision of the State of California. All other PARTIES are municipal corporations, duly organized and existing under the laws of the State of California. . I. The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in Santa Clara County. The Program is required, as part of its NPDES permit, to develop and implement a Watershed Management Measures Strategy. The Urban Runoff Management Plan of the Program contains the Program's Watershed Management Measures Strategy. This strategy, consistent with the NPDES permit, coordinates Program activities with the WMI to develop and implement cost-effective approaches to address specific urban runoff pollution problems. The Program, through a continuous improvement process, annually reviews the strategy. 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 3 of 13 NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOllOWS: Section 1, Santa Clara Vallev Urban Runoff Pollution Prevention Prooram 1.01 The Santa Clara Valley Nonpoint Source Pollution Control Program ("Program') is hereby continued as the Santa Clara Valley Urban Runoff Pollution Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it exists, may be modified, or may be reissued in the future (hereinafter referred to as "NPDES Permit"). 1.02 The Program is a collective effort and implementation of area-wide activities, designed to benefit all PARTIES. Section 2. Manaoement Committee 2.01 A Management Committee is hereby reconstituted to provide for overall Program coordination, review, and budget oversight, with respect to the NPDES Permit. 2.02 The Management Committee may as necessary adopt and revise Bylaws for its governance. 2.03 The Management Committee is the official management and oversight body of the Program. The Management Committee shall direct and guide the Program and review and approve the Program Budget. The Management Committee shall consider permit compliance, including benefit to a majority of the PARTIES, as a primary objective in approving Program tasks and corresponding budgets. 2.04 The Management Committee may periodically re-evaluate and make recommendations to the PARTIES concerning reallocation of the proportion of the annual Program contribution that each PARTY shall pay. . 2.05 The voting membership of the Management Committee shall consist of one designated voting representative from each PARTY. An alternative voting representative may be appointed by each PARTY. The RWQCB- SFBR may appoint a non - voting representative and alternate to the Management Committee. 2.06 A quorum of the Management Commillee shall be achieved when at least nine (9) voting representatives, including at least one (1) representative from each of City of San Jose and Santa Clara Valley Water District, are present at any Management Committee meeting. 2.07 Meetings of the Management Commillee, including any closed sessions with Program Legal Counsel, shall be conducted in accordance with the "Brown Act' 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 4 of 13 (Government Code Section 54950 et seq.) The individual parties have differing opinions on whether the Brown Act legally should be interpreted as appiying to members of the Management Committee. In executing this Agreement, the parties do not waive their right to take the position that the Brown Act legally does not apply, but voluntarily agree to follow Brown Act procedures for Management Committee meetings. Except for official meetings of the Management Committee, nothing herein shall be interpreted to require meetings between staff members of the individual Parties (including designated representatives of the Parties) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each party is individually responsible for ensuring that it complies with the Brown Act. 2.08 The affirmative vote of at least eight (8) voting members of the Management Committee, which collectively contribute at least fifty percent (50%) of the area-wide Program costs (a 'Majority Vote"). is necessary to approve any measure brought before the Management Committee. . 2.09 The Management Committee shall be responsible for selecting any consultant(s) or contractor(s) who are to be paid from Program funds ('Outside Contractors'), using a process approved by the Contracting Agent, and for reviewing and approving any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. 2.10 The Management Committee shall select a PARTY or Outside Contractor to act as Program Manager for the Program. The Program Manager shall be responsible for Program management and administration, Permit management, and technical program management all in accordance with.the NPDES Permit, this Agreement, Program Bylaws, and .as directed by the Management Committee in the best interest of the PARTIES as a whole and individually. The Program Manager shall be paid, from Program funds in accordance with the adopted Program budget, for providing the services described hereunder. The Program Manager shall not be responsible for providing program management services related to individual PARTIES permit programs, but may provide such services under separate contract with any PARTY or PARTIES. 2.11 The Management Committee may select an attorney (Program Attorney) or firm that is experienced with the Clean Water Act and Municipal Stormwater NPDES Permits to provide legal advice to the Management Committee on all matters involving administration of the Program's NPDES permit and such other matters upon which the Management Committee may seek legal advice or request legal representation. Program Legal Counsel shall not be responsible for providing legal advice related to permit compliance to individual PARTIES, but may provide such services under separate contract with any PARTY or PARTIES. The Program Manager may 76075_4 MOA JRG:MGO 10/19/99 SC VURPPP MEMORANDUM OF AGREEMENT Page 5 of 13 assist in coordination of activities with the Program Attorney but shall not give direction without prior authorization from the Management Committee. 2.12 The Management Committee shall establish time lines and budgets for completion of Program tasks. The Management Committee shall rate the performance of the Program, and in turn rate the performance of the Program Manager, based upon the Program's ability to meet such approved timelines and budgets. 2.13 The Management Committee, through its Bylaws, may establish procedures for tracking, accounting for, and auditing the Program Fund. Section 3. Prooram Budael 3.01 A collective budget for the Program (Program Budget) shall be based upon a projection of two consecutive fiscal year cycles, however, the Budget shall be adopted for only one fiscal year cycle. The Budget shall include a Contingency/Reserve Fund which shall not exceed ten percent (10%) of the operating costs of the adopted Budget. 3.02 The PARTIES shall each pay a yearly assessment into a fund established for Program operations for their assigned portion of the Program Budget. The proportionate share of the Program Budget that each PARTY shall pay is shown in the schedule marked Exhibit A hereto and incorporated by reference herein. 3.03 Except as provided in Section 6.03, the ending fund balance at the close of each fiscal year shall be disbursed annually to the PARTIES, or credited to the PARTIES' share of the next fiscal year's costs, in accordance with the PARTIES defined participation rates, as requested by each PARIY. SeCtion 4. Contractino/ Fiscal Aaent 4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the Program. 4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the provision of ninety days (90) days written notice to the Management Committee. 4.03 In the event that the Contracting/Fiscal Agent withdraws from the Program or from providing Contracting/Fiscal Agent services to the Program, another PARTY may serve as a successor Contracting/Fiscal Agent. Any PARTY willing to serve as successor Contracting/Fiscal Agent may be nominated by another PARTY. Selection of a Contracting/Fiscal Agent must be by majority vote of the Management Committee. 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 7 of 13 implementation; and 5. Each will individually address inter-agency issues, agreements or other cooperative efforts. 5.02 This Agreement does not restrict the PARTIES from the ability to individually (or collectively) request NPDES Permit modifications andJor initiate NPDES Permit appeals for permit provisions to the extent that a provision affects an individual party (or group of PARTIES); however, any such PARTY (or PARTIES) shall make reasonable efforts to provide advance notice of their action to the other PARTIES and allow them to comment upon or join in their action before proceeding. Section 6. Term of Aoreement 6.01 The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. 6.02 This Agreement shall have a term of five (5) years. 6.03 Any PARTY may terminate its participation in this Agreement by giving the Chair of the Management Committee at least thirty (30) day written notice. The terminating PARTY will bear the full responsibility for its compliance with the NPDES Permit commencing on the date it terminates its participation, including its compliance with both Community-Specific and Program-wide responsibilities. Unless the termination is scheduled to be effective at the close of the fiscal year in which the notice is given, termination shall constitute forfeiture of all of the terminating PARTY's share of the Program Budget, for the fiscal year in which the termination occurred (both paid and obligated but unpaid amounts), In addition, unless notice of termination is provided at least ninety (90) days prior to the date established by the Management Committee for approval of the budget for the succeeding fiscal year, termination shall constitute forfeiture of all of the terminating PARTY's share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost allocations for the remaining PARTIES' may be recalculated for the following fiscal year by the PARTIES without the withdrawing PARTY's participation. Section 7. General Leoal Provisions 7.01. This Agreement supersedes any prior agreement among all the PARTIES regarding the Program, but does not supersede any other agreements between any of the PARTIES. 7.02 This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement to their Councilor Board, as applicable, within three (3) months following acceptance by the Management Committee. 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 8 of 13 7.03 This Agreement may be executed and delivered in any number of copies ("counterpart") by the PARTIES, including by means of facsimile. When each PARTY has signed and delivered at least one counterpart to the Program, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto. 7.04 No PARTY shall, by entering into this Agreement, participating in the Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent, Program Manager, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the NPDES Permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the EPA, the SWRCB, and the RWQCB-SFBR, or any person acting on their behalf or in their stead. 7.05 In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY shall not be shared pro rata but instead the PARTIES agree that pursuant to the Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts of omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, under or in connection with or arising from any work, authority or jurisdictions delegated to such PARTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. No PARTY, nor any officer, board member, employee or agent thereof shall be responsible for any damage' or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdictions delegated to such PARTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. 7.06 In the event that suit shall be brought by either party to this contract, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California. San Jose, California. / / / 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. - SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Dale: By: CITY OF (,lIM'Pl'l'T T Date: .12/7/99 By: Mz;:.#~ N' ame: 0.....1--..,,__.... Y:tl~~ Title: Pl1n 1 i,.. TNf"'lrke. Tii ,..Q,-.t-or APPROVED AS TO FORM: By: (;2::r~~_____ / Nanne : WilliamR, Seliamann Tille: City Attorney 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA ClJ\RA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: DEe 2 1 1999 ~4 ~ B}i. 1~~ General n ger APPROVED AS TO FORM: '" Jf{6d General unsel ATIEST: -~ By' COUNTY OF SANTA ClJ\RA, a public entity of the State of California Date: By: Chair, Board of Supervisors CITY OF Date: By: Name: Title: 76075_' MOA e:'d l.Zsz-ssa[so;.J eOJ330 s,~~el~ cr~^~S d6e::e:o 66 tz ""0 o(~L/' APPROVED AS TO FORM: By: Deputy County Counsel ATIEST: Date: By: APPROVED AS TO FORM: By: Name: Tille: JRG:MGO 10f19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the. dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Da,,, DEe 14 1999 APPRDVEDASTDFD~ By. ~u//AC~~ B~....~oh~J\IV\-l... C Ch~{ t:iO;rd'~~~iS~' - Deputy Court~~~msel By: ATTEST: Date: DEe 14 1999 'O.Q P lis A. Perez. Clem cY Board of Supervisors CITY OF Date: APPROVED AS TO FORM: By: Name: Title: By: Name: Title: SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 .IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATIEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the ~tate of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATIEST: Date: By: CITY OF Sunnyvale ^----'- Robert LaSala City Manaqer APPROVED AS TO FORM: ~ . /:J.'--; By: G::-:a .' -'-'-" ,CI, . .c:"'--=-~"~~ Name: Valerie J. Armenta Title: City Attorney By: Name: Title: 76075_4 MOA.doc JRG:MGO 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 . IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF CUPERTINO Date: 11- Z'1-'17 ~~- . I arne: John Statton Title: Vice Mayor, City of Cupertino :~~/~ ame: Charles Kilian Title: City Attorney runoff agreement JRG:MGD 10/19/99 ..... _._____,_ _.__,,_,.~.~.~ ..._...__. ~_.__..,_ ..,",_m_ ~..."___.____"_,_,,,,._~, _ ._~..._,_,_,~,. _...."__m... SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNIY OF SANTA CLARA, a public entity of the State of Califomia Date: APPROVED AS TO FORM: By: Deputy County Counsel By: Chair, Board of Supervisors ATTEST: Date: By: CIIY OF LOS ALTOS Dat~22.~ By: ~ Name: Philip E. Rose Title: City Manaqer APPROVED AS TO FORM: By: Name: Title: f.A.i~'-/\-- Robert K. Booth Citv Attornev MOA.doc JRG:MGD 10/19/99 /' SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: By: Chair, Board of Directors By: General Manager APPROVED AS TO FORM: By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: By: Chair, Board of Supervisors CITY OF Los Altos Hills Date: 1/6/00 BY:~~ Name: Mark Miller Title: City Manager 76075_4 MOA APPROVED AS TO FORM: By: Deputy County Counsel ATTEST: Date: By: JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT CITY OF CAMPBELL Date: By: Name: Title: TOWN OF LOS GA TOS Dale: ( z... 2.- "l 4 \,). J .J BY:N:2~~~p~ Title: 1O....n..... D.<L~...... CITY OF _MONTE SERENO_ Date: By: Name: Title: CITY OF _SARATOGA Date: By: Name: Title: MOAfinal APPROVED AS TO FORM: By: Name: Title: Page 10 of 13 APPROVED AS TO FORM: By: ~f. V~ Name": C)4l-( P. J::0Ifl.& Title: TiJ24V A.17OANe-'"I/ APPROVED AS TO FORM: By: Name: Title: ATTt"c:'T. ,. I' ......1 '{1/"("';'<0, , , , --......., ..............:.-.\1 ;y.' \ III}" ,: ,',,',1 .~ Ll-t,..<_....-l:..-..--........., l- ~~RIAN V. COSGROv TQWN CLERK . -,' APPROVED AS TO FORM: By: Name: Title: jRG:MGD 10/19/99 .3. COUNTY OF .SANT A CLARA, a public emity of the St<:tte of C"lifomi" Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel A TIEST: Date: By: CITY OF Miloi tas Date: APPROVED AS TO FORM: e: Title: By: CITY OF - Date: APPROVED AS TO FORM: By: Name: Tide: By: Name: Title: CITY OF Date: APPROVED AS TO FORiv!: By: Name: Title: By: Name: Tirle: SCVURPPP MEMORANDUM OF AGREEMENT CITY OF CAMPBELL Date: By: Name: Title: TOWN OF LOS GATOS Date: By: Name: Title: CITY OF _MONTE SERENO_ ::'. ~:dF# Name. Jack Lu as . Title: Mayor CITY OF _SARATOGA Date: By: Name: Title: MOArrnal Page 10 of 13 APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: :P&;ORM N. . obert Loqan Title: City Attorney APPROVED AS TO FORM: By: Name: Title: JRG:MGD 10/19/99 JRG:MJD 10/19/99 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF f'!o\J"hll\ Vlekl Date: By: ;I.~ ..~ Name: Title: APPROVED AS TO FORM: By: Name: Title: CITY OF 76075_ 4.doc 10 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the, dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF A /0 /-! /fo /) /;/ Date: '~/ /' ///U'/(. ,/;; " , // II,'" / ,.r',"- ./" ,,' . B '/ .,', .'" ., ./ y: - ' ,~ - " .~....,,:- Name - ",'"L"';' '..?;~ :'. r / . i'l~'< . i . . fC., " ''''''''- Title: ,t.,. L u/7 ., ,t/'I....- APPROVED AS TO FORM: By: At..a..4-~ LJ _ u - , Name : S.u. ~...", vJ, Q <( ~,~ Title: 5-,-,., ,'0"- A-.sri. Q.':'-+<; .4-H-oY"rl""'r MOA 10-28-99.doc JRG:MGO 10/19/99 JRG:MJD 3/5100 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Counsel ATTEST: By: General Manager Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF SAN JOSE Date: ;;./'0, em APPROVED AS TO FORM: By: )JLW.-(dSv-IL~1 ' By: NtAJA;~fO~ r-- N.Sme: Jenn fer&M~-guire -> Name: Mollie . Dent Title: Assistant to the City Manager Title: Senior Deputy City Attorney 76075_4 10 SCVURPPP MEMORANDUM OF AGREEMENT CITY OF Date: By: Name: Title: CITY OF SANU CLARA . Date: November 30. 1999 Date: By: Name: Title: CITY OF Date: By: Name: Title: NPS Model MOA 1999 Page 12 of 13 APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: 'Eh- ~~. Name: f(.€/lJA {Z.,ol \ !tEl, Title: 'D~ PuTt' c.P'T A77c,il.,u<:'!' APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: JRG:MGO 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT CITY OF Date: By: Name: Title: CITY OF -.2AR.4,D6A Date: Va.l.ll(lkl / /477 . CITY OF Date: By: Name: Title: CITY OF Date: By: Name: Title: 76075_4 MOA Page 12 of 13 APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: - >-- By: Name: '\2" ",1..,,,,, ~ Io...,lc\ Title: L -'r', ,~ He\ r..I<.-J ~ { APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: JRG:MGD 10/19199 . ....---.-..- - ----.---- ~---_..._-~."._.... -,.__.,---,.,_......... --_...----- SCVURPPP MEMORANDUM OF AGREEMENT Page 13 of 13 EXHIBIT A SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM SCHEDULE OF COST.SHARING PROPORTIONS Jurisdiction ProDortional Share Campbell 1.88% Cupertino 2.46% Los Altos 1.59% Los Altos Hills 0.43% Los Gatos 1.74% Milpitas 2.75% Monte Sereno 0.14% Mountain View 3.91% Palo Alto 4.06% Santa Clara 6,23% Saratoga 1.59"A. Sunnyvale 7,25% Santa Clara County 5,94% Subtotal 39.97% San Jose District 30.01 % 30.02% TOTAL 100.00% 76075_4 MOA JRG:MGD 10/19/99 i i ATTACHMENT 2 FffiST AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA V ALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM THIS FIRST AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MlLPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California. AIl of the above-mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." RECITALS A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Program"). A copy of the Agreement is attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement; B. The Agreement provided for a five year term, which, based on its execution, is currently set to conclude on or about March la, 2005; C. The Parties expect to utilize the Program to subrnit a reapplication for the NPDES Permit in early 2005 and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit after March 10, 2005; D. below; The Parties therefore desire to extend the term of the MOA as set forth I -----_..._-_.__.__.~"..,...._..-,-_.~----_.. ,. E. Section 7.02 of the MOA provides that it maybe amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and F. The Program's Management Committee accepted this Amendment for referral to the Parties' Councils and/or Boards at its meeting on October 21,2004. NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: 1. Extension of Term of Agreement. Section 6.02 of the Agreement is hereby amended as follows: 6.02.0 I This Agreement shall continue in fuIl force and effect on an ongoing basis and beyond its original termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6.03. [remainder of page intentionally blank] 2 IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10,2005. Santa Clara Valley Water District: By: Name: Title: Date: County of Santa Clara: By: Name: Title: Date: City of Saratoga: By: Name: Title: Date: By: Name: Title: Date: 3 _."~"~"",---_._-""--,,,,,,._-"-'-'-'''- .-....-------.--, ---.----.--.-.,.--.....-.---'..---.-- --,. ... ATTACHMENT 3 FIRST AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM This first amendment to Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (THE "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California: CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GA TOS, a municipal corporation of the State of California: CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a municipal corporation of the State of California. All of the above mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." RECITALS A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Program"). A copy of the agreement is attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement: B. The Agreement provided for a five-year term, which, based on its execution, is currently set to conclude on or about March 10, 2005; C. The Parties expect to utilize the Program to submit a reapplication for the NPDES Permit in early 2005 and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit after March 10,2005; D. The Parties therefore desire to extend the term of the MOA as set forth below; E. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and 1 NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: Section 6. Section 6.02 of the Agreement is hereby amended as follows: 6.02.01 This Agreement shall continue in full force and effect for an additional one year beyond its original termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6.03. Section 2. Section 2.04 of the Agreement is hereby amended as follows: 2.04.01 The Program shall conduct an independent review by December 31, 2005 to evaluate the MOA's cost allocation formula and evaluate the term, scope and cost of the Program MOA. 2 " _.-.~. '_M'~_"._"_"~~"""_'__"'___ - "~-_....,. -~....- ~-~.__._-_. ~ IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10.2005. Santa Clara Valley Water District By: ~~~..... ""~ - -ij,d:., ;", "~I 7(,...., Title: C &d Date: ,::0flo~ County of Santa Clara: By: Name: Title: Date: City of : By: Name: Title: Date: 3 SARATOGA CITY COUNCIL MEETING DATE: March 2, 2005 AGENDA ITEM: 36 ~..J~f ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: ~~f.{l.~ DEPTHEAD: Cathl_~er. CI_ SUBJECT: Legal Services Agreement - City Attorney RECOMMENDED ACTION: Authorization to Mayor to execute agreement with Richard Taylor, City Attorney. REPORT SUMMARY: Attached please find a revised legal services agreement for City Attorney services. The agreement makes several procedural changes to reflect current practices and changes the rate schedule. This is the first rate change since 2000. The new rates are based on the rates in the original legal services agreement indexed to reflect changes in staff compensation since 2000. Future rates increases would be on an annual basis indexed to the Consumer Price Index. The procedural changes provide more flexibility concerning office hours and attendance at Planning Commission meetings. FISCAL IMPACTS: Increases in compensation would not take affect until July 1, 2005 and has been factored into the proposed budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: An agreement would not be executed. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk will forward a certified copy of the fully executed agreement to the City Attorney. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Agreement AGREEMENT FOR LEGAL SERVICES This Agreement for Legal Services ("AGREEMENT") is made and entered into by and between the CITY OF SARATOGA, a Municipal Corporation in the State of California ("CITY"), and SHUTE, MIHALY & WEINBERGER LLP ("SMW"). WITNESSETH WHEREAS, it is the desire of the parties hereto to enter this AGREEMENT and establish the terms and conditions for rendition oflega! services to the CITY and the compensation therefor; and WHEREAS, RICHARD S. TAYLOR is a member of the law firm of SMW; and WHEREAS, JONATHAN WITTWER and his law firm, Wittwer & Parkin, LLP, have associated with SMW for the purposes of the AGREEMENT; NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: I. Appointment of City Attorney. CITY hereby retains RICHARD S. TAYLOR ("ATTORNEY"), as City Attorney for the CITY and ATTORNEY agrees to faithfully represent the legal interests of CITY during the term of this AGREEMENT. 2. Attorney's Services and Scope of Work. 2.1 ATTORNEY shall be primarily responsible for providing the services set forth below and, in the absence of extenuating circumstances, shall personally attend all City Council meetings and generally provide four (4) office hours at City Hall on the days of City Council meetings, ATTORNEY shall be assisted in providing these services primarily by Jonathan Wittwer, who will attend City Council meetings if ATTORNEY is unable to attend to due to extenuating circumstances. Any alteration in this primary assignment shall be rnade only after consulting with, and securing the approval of, CITY; provided, however, that nothing in this paragraph shall preclude ATTORNEY from utilizing other partners, members, or employees of SMW or Wittwer & Parkin to provide services 1 in support of these primary assignments. For the purposes of this AGREEMENT, all further references to "SMW" shall include Jonathan Wittwer and Wittwer & Parkin except as context indicates otherwise. 2.2 Jonathan Wittwer will attend CITY Planning Comrnission meetings as requested by the City Comrnunity Developrnent Director. ATTORNEY shall attend such meetings ifMr. Wittwer is unable to attend, 2.3 ATTORNEY shall provide, through his own services and those such other attorneys of SMW as ATTORNEY shall determine, all legal services usually and normally provided by City Attorneys, and specifically those duties and services described in Government Code Sections 41801, 41802, and 41803.5, Such services shall include, but not be limited to: 2.3.1 Attendance at City Council and, as requested, Planning Commission meetings; 2.3.2 Preparation of ordinances, resolutions, leases, contracts or other legal documents; 2.3.3 Preparation of all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the City Council, boards, commissions or officers; 2.3.4 Rendering legal advice (both oral and written) to members of the City Council, commissions, boards, and to the City Manager, department heads and ernployees with respect to City matters; 2.3.5 Negotiating and/or rendering advice with respect to negotiations pertaining to CITY's contracts, leases and memoranda of understanding; 2.3.6 Representing CITY in litigation and/or arbitration or other judicial, administrative or quasi-judicial proceedings; 2.3.7 Furnishing legal services for assessment district or bond proceedings; and 2.3.8 Furnishing legal services for the Public Finance Authority or other agencies or entities which are not operated as an integral part of CITY, but which are or may be created by CITY as independent agencIes, 2 ____._..__...__~_'__.~___.._'e__..__.. .______w.w,~^_____.~_~.__ 2.4 ATTORNEY and SMW shall provide the services required with the level of care, skill, and expertise customarily exercised by licensed attorneys providing similar services in the San Francisco Bay Area. All persons assigned by ATTORNEY to provide legal representation in court shall, at all times during the term ofthis AGREEMENT, be rnembers in good standing of the State Bar of California. 2.5 If ATTORNEY determines that the best interests of CITY would be served by retaining outside counsel ("COUNSEL") to represent CITY on a particular rnatter, ATTORNEY shall so inform CITY and request authorization to retain such COUNSEL. ATTORNEY shall only retain COUNSEL with prior authorization from CITY. SMW will bill CITY for the services provided by any COUNSEL without adding on any additional markup. SMW may bill CITY for ATTORNEY's time spent supervising and coordinating with COUNSEL. 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices, hours, support staff, and other rnatters except as provided herein. 4. Compensation. 4.1 CITY shall compensate SMW in accordance with the Rate Schedule set forth in Attachment A to this agreernent. The rates in the Rate Schedule shall be adjusted annually on July 1 to reflect changes in the December to Decernber Consurner Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter "CPI/W") rounded to the nearest $1.00 increment. 4.2 The rates referenced above include general photocopying, facsimile, telephone costs, and travel expenses between the City of Saratoga and the ATTORNEY's office in San Francisco and Jonathan Wittwer's office in Santa Cruz and these costs will not be billed to CITY except that CITY shall reimburse SMW for occasional costs, including court costs, deposition and witness fees, large-scale copying, transcript preparation, travel to meetings outside the City of Saratoga and sirnilar expenses, which expenses shall be itemized separately on bills submitted to CITY. 3 4.3 SMW shall provide CITY with detailed monthly billing statements, which CITY shall pay within 30 days of billing. 4.4 CITY shall not pay for more than one attorney to appear at any meeting unless otherwise approved in advance by the City Manager. ATTORNEY shall endeavor to avoid duplication of effort wherever possible and shall not bill CITY for consultations between ATTORNEY and Jonathan Wittwer, or for tirne spent by ATTORNEY that would have been unnecessary had ATTORNEY been providing the services provided by Jonathan Wittwer. Similarly, CITY shall not be billed for tirne spent by Jonathan Wittwer that would have been unnecessary had Jonathan Wittwer been providing the services provided by ATTORNEY, 4.5 As set forth in section 2.1 of this Agreement, the references to SMW in this section 5, and elsewhere in this Agreernent include Jonathan Wittwer and Wittwer & Parkin, LLP. Accordingly, all compensation and reimbursements to Jonathan Wittwer and Wittwer & Parkin, LLP shall be in accordance with the foregoing provisions of this Section 5 and CITY shall be billed solely by SMW on behalf of Shute, Mihaly & Weinberger and Jonathan Wittwer and Wittwer & Parkin, LLP. 5. No Assignment. This AGREEMENT is entered into by CITY and SMW and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney ofSMW without the express written consent of the City Council. This AGREEMENT is not assignable. 6. Municipal Professional Memberships, Meetings. It is understood and agreed that CITY and ATTORNEY mutually benefit from ATTORNEY's participation in certain professional activities relating to municipal law. Therefore, ATTORNEY shall maintain active participation in the City Attorney's Department and activities ofthe League of California Cities. CITY shall advance or reimburse to ATTORNEY his costs and expenses incurred in attending the semi-annual City Attorney's Department meeting of said League. In the event ATTORNEY shall represent other city or cities as City Attorney, ATTORNEY shall be reimbursed for his costs and expenses (or registration fee and lodging) for attending the annual City Attorneys' Department meeting of said League only in proportion that the number of cities represented by ATTORNEY as City Attorney bears to one. 4 ._-_._---_._---,--"_.._.._------~ Subject to prior authorization of City's City Council, and limited to the amount budgeted for such activity in the CITY budget, ATTORNEY rnay enroll, attend, participate in conferences, courses, seminars, comrnittee work, or other activities in addition to that hereinabove specified of the League of California Cities, or other organizations related to the practice of Municipal Law. Upon such authorization, ATTORNEY may incur costs and expenses in connection with the particular event or activity so authorized, which shall be advanced or reimbursed by CITY. It is further understood and agreed that Jonathan Wittwer may participate in the above referenced memberships and meetings provided, however, that CITY shall advance costs and expenses for no more than one individual at any particular event or activity, 7. Insurance. SMW agrees to carry malpractice insurance in full force and effect during the term of this AGREEMENT in an amount not less than One Million dollars ($1,000,000) per claim and Two Million dollars ($2,000,000) in aggregate and to ensure that Jonathan Wittwer carries malpractice insurance in full force and effect during the term of this AGREEMENT in an arnount not less than Five Hundred Thousand dollars ($500,000) per claim and One Million dollars ($1,000,000) in aggregate. 8. Annual Review. Annually, during the rnonth of July, ATTORNEY and CITY's City Council shall meet to review the performance of ATTORNEY, Jonathan Wittwer and rnembers or associates of SMW in furnishing the services provided hereunder, and to review the compensation provisions hereof, The parties may agree to changes or amendments hereto, including, but not necessarily limited to changes in compensation provisions, which changes or amendments shall be evidenced by written arnendment hereto. 9. Compliance with Federal, State and Local Laws. SMW shall comply with all Federal, State and Local laws, statutes, ordinances, rules and regulations affecting the performance of this AGREEMENT, including without limitation laws requiring licensing and nondiscrimination in employment because of race, creed, color, sex, age, rnarital status, physical or mental disability, national origin or other prohibited bases. 5 10. Ownership of Records; Retention of Records. Upon termination of this AGREEMENT, all reports, plans, documents, records, and data or certified copies of same prepared by SMW pursuant to this AGREEMENT shall become property of CITY. SMW shall deliver such reports, plans, documents, records and data to CITY upon CITY's written request. SMW shall keep and maintain full and complete documentation and accounting records, employees' time sheets, and correspondence pertaining to the services performed hereunder, and SMW shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times during the AGREEMENT period and for at least four (4) years from the date of the completion and or termination of this AGREEMENT. 11. Written Notification. Except as otherwise specified in this AGREEMENT, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party related to the terms and conditions of this Agreement shall be in writing and either served personally or sent by prepaid, first class rnail. Any such notice, demand, request, consent, approval or communication shall be addressed to the other party at the address set forth hereinbelow, Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this section. If to CITY: City Manager City of Saratoga 13 777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1213 Fax: (408) 868-1280 Ifto SMW: Richard S. Taylor Shute, Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 Phone: (415) 552-7272 Fax: (415) 552-5816 6 _._._.~--------,,"-""'~-""--'------' ...-.--".----- .."._.._-~----_.__..._----_._----._-~ 12. Conflict ofInterest. SMW and Jonathan Wittwer hereby covenant that they have no interest not disclosed to CITY and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services or confidentiality obligation hereunder, except as such as CITY may consent to in writing prior to the acquisition by SMW or Jonathan Wittwer of such conflict. 13. Term. This AGREEMENT shall be terminable by either party upon 60 days' written notice. CITY shall pay SMW for any cornpensation owed hereunder up to the time of any such termination. 14. Effective Date. This AGREEMENT shall be effective on the date last signed below and on that date shall replace in its entirety the Agreement for Legal Services between the parties executed by CITY on July 7,1999 except that the rates for legal services set forth in the 1999 agreement shall remain in effect through June 30, 2005 after which date the rates in this AGREEMENT shall apply. IN WITNESS WHEREOF, the parties have executed this AGREEMENT the day and year last set forth below. CITY OF SARATOGA A Municipal Corporation Dated: By: KATHLEEN KING, MAYOR SHUTE, MIHALY & WEINBERGER LLP Dated: By: RICHARD S. TAYLOR 7 Attachment A Legal Services Agreement Rate Schedule City of Saratoga Rate/Hour First 90 brs of Service per Month $175.00 Rate Schedule A (Service in Excess of> 90 hrs) Partner $185.00 Sr. Associate $160.00 Jr. Associate $145.00 Paralegal $90.00 Law Clerk $45.00 Rate Schedule B (for litigation services) Partner $215.00 Sr. Associate $175.00 Jr. Associate $145.00 Paralegal $90.00 Law Clerk $50.00 Rate Schedule C (for reimbursable services) Partner $240.00 Sr. Associate $220.00 Jr. Associate $190.00 Paralegal $110.00 Law Clerk $60.00 Rate Schedule C applies to legal services incurred on matters for which the City is fully reimbursed by City applicants through the applicable fee schedule. 8 SARATOGA CITY COUNCIL MEETING DATE: March 2, 2005 AGENDA ITEM: ORIGINATING DEPT: City Council CITY MANAGER: PREPARED BY: Ann Welsh, AlCP DEPT HEAD: f11L !/ SUBJECT: Appeal of a Planning Commission decision regarding 14111 Palomino Way, which required modifications to a walled outdoor kitchen and deck, which was constructed in the side setback. RECOMMENDED ACTION: Deny the appeal and adopt the attached Resolution, which upholds the Planning Commission decision which was adopted at the January 12,2005 Planning Commission meeting. REPORT SUMMARY: History of the Project The subject property located at 141 I 1 Palomino Way contains a partially constructed deck with a proposed sink, gas grill, fireplace, pizza oven and icemaker. The deck area is enclosed with a privacy wall, which is at the closest point within 6 feet 6 inches ofthe property line. The privacy wall according to the plans would range from 8 feet at the lowest point to 10 feet at the corner fireplace, with the pizza oven wall having a height of 13 feet as measured from the existing grade. The height of the deck is shown on the plans as extending 4 feet above the existing grade. The dimensions ofthe deck are 38 feet long by 19 feet wide as depicted in the Plans prepared by Park Miller date stamped 12/20/2004. The deck extends 20.75 feet from the existing house. The deck construction was placed under stop work order in September 2004 when neighbors, the appellants, filed a formal complaint with the building department about the wall and deck being constructed in close proximity to their mutual property line. At that time the wall was about 4 feet higher than the plans currently depict and a heavy wooden trellis was constructed about two feet above the wall. The owners were given permission to remove the trellis and a portion ofthe wall in order to mitigate some of the non-conformity. On November 24, 2004, the property owner met with the Community Development Director and indicated that the deck was existing and had been legally permitted by a previous permit and that the current improvements were built upon the existing permitted deck. On the basis of this information, the Director made the determination that the deck was a legal non-conforming structure that had been permitted. The decision was, that ifthe height of the wall would be lowered and the trellis removed, the revised plans would be approved as an unenclosed garden structure upon application for a building permit. The Director then informed the appellant via e-mail, that a modified version of the project was approved as an unenclosed garden structure and that they had a right to appeal the decision. They filed an appeal on November 24, 2004. Prior Permits In researching the background for this report, the files contained one relevant permit. A permit for exterior decks was issued in 1993. The plans for this deck show the deck extending from the existing house 10 feet 10 inches to the north. Thus, the 1993 plans depict a deck in the same location as the current deck but the dimensions of the deck currently are approximately 10 feet longer than the deck permitted in 1993. The 1993 deck permit was issued but there was no final inspection on the deck and this permit expired. The Planning and Building files do not have any documentation to support the permitting of the additional 10 feet, which did not appear on the 1993 plans. The applicant has provided aerial photos of the site but staff has not been able to make any conclusive determinations based on these photos regarding the legality of the existing deck. On the basis of the files it appears that the deck was extended, at some point in time, approximately 10 feet longer than the 1993 permit permitted. This extension does not conform to the code since only decks which are not more than four feet above the finished grade, may extend four feet into the side yard setback. This research suggests the conclusion that the Administrative Decision was based upon erroneous information. Staff Recommendation for Planning Commission Meeting of January 12, 2005 In light ofthis new information on the past permits, staffrecommended in the Staff Report to the Planning Commission that the appeal be upheld, that the Director's decision be modified to require that the plans be revised. The resolution recommended by staff required the following revisions to the plans: I. The property owner shall comply with the recommendations in the Arborist Report and make any necessary design revisions. 2. The portion of the deck which encroaches more than 4 feet into the side yard should be lowered to comply with Section 15-80.01O(c) of the Zoning Ordinance which allows that decks which are not above finished grade may be constructed in any side yard. 3. The barbeque should be moved out of the 20 foot side yard setback in accordance with Section 15-80.030 which requires that permanent barbeques be located no more than 6 feet from the rear property line and be not more than 4 feet in height. 4. The "optional cut out" which is depicted on Sheet 3 of the plans should be removed from the plans and is prohibited in order to maximize privacy for the neighbors. Consistent with the Director's 2004 decision, these revisions presumed the waIled deck to be an unenclosed garden structure permitted by Section 15-80.030(e) of the City Code. 2 Planning Commission Discussion for Planning Commission Meeting of January 12, 2005 The Planning Commission discussion, after taking much public testimony supporting the project, involved considerable analysis of whether the walled deck structure should be viewed as an unenclosed garden structure. Several Commissioners were of the view that the structure cannot be categorized as an unenclosed garden structure since it does not serve the same or similar function as any of the other listed unenclosed garden structures which are "Gazebos, arbors, and fountains" [Section 15-80.030(e)]. There were also comments that although construction was underway, the Commission should view the structure as though nothing was built and it was an original permit review, prior to construction. The Planning Commision voted 6 to 0 (one absent) to accept the staff recommendation as presented in Resolution 05-005. Since that time some Commissioners have indicated that the resolution did not fully reflect their intent because the resolution did not address the question of whether the proposed wall structure should be interpreted as an unenclosed garden structure. Resolution 05-005 does not require the wall to be lowered to six feet, which would be required if the use is not interpreted to be an unenclosed garden structure, Arborist Report The property owner received an Arborist Report to address the requirement in Resolution 05-005 that an Arborist Report be prepared which addresses the impact of the walled deck on the adjacent trees. The Arborist Report dated January 28, 2005 is included as Attachment 2. The report indicates the Oak tree adjacent the deck is in overall poor condition and that it has a value of $1 ,400 and that it may be suitable for removal if suitable mitigation is made. Current Appeal The appellant has filed an appeal to the Planning Commission's decision to adopt Resolution 05- 005. They request that the Planning Commission's decision be revisited by City Council. The appellant seeks a decision from City Council that denies the structure as an unenclosed garden structure and requires the revisions to the plan that would be dictated by that determination. Conclusion Staff recommends adoption of the attached resolution which denies the appeal and reiterates the recommendations of the adopted Planning Commission Resolution 05-005. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The consequences of not following recommended action depend upon the alternative action that is chosen. If Alternative Actions A is chosen the consequences may be that the decision is appealed to the courts by the property owner. If Alternative B is chosen the Planning Commission would have an opportunity to clarify their decision on this matter and it may again return to City Council on appeal with the property owner appealing the decision rather than the neighbor. 3 ,. .__.- _. _' _. "..".,_,._..____.___.~____. ". . ..._.H_.'_____"___ ALTERNATIVE ACTION (S): A. Revise the Planning Commission decision of January 26,2005 by recommending adoption of a new resolution, which reflects the issues raised by the Planning Commission at the Public Hearing. If the City Council votes to deny the wall structure as an unenclosed garden structure this would result in the structure being in violation of the Code. In order to render the structure conforming, it would have to be reconfigured in the following manner. (Items I and 2 reiterate the conditions addressed in Planning Commission Resolution 05-005) I. The structure as currently designed would have to be reduced in length by 10 feet at the longest dimension. 2. The deck would have to be redesigned so that the remaining 10 feet of the deck would be built on the existing finished grade. The portion of the deck which encroaches more than 4 feet into the side yard would be lowered to comply with Section 15-80.010(c) of the Zoning Ordinance which allows that decks which are not above finished grade may be constructed in any side yard. 3. Any fence or wall that surrounds the deck would be limited in height to six feet as measured from the existing or natural grade whichever is lower. 4. Any parallel fences, which are separated by a horizontal distance of less than 30 feet, the combined height shall not exceed 10 feet. B. Remand the application back to the Planning Commission for further consideration or with specific direction. FISCAL IMPACTS Not Applicable. FOLLOW UP ACTION (S): This depends upon the alternative the City Council might select. If the City Council selects the recommended action, the follow up action would be to require lowering of a portion of the deck and moving the barbeque out of the side yard setback and processing of revised plans which reflect this design change. The construction documents would be processed in a manner consistent with standard development activities. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing has been properly advertised. The Hearing was noticed in the February 16, 2005 issue of the Saratoga News, notices were mailed on February 9, 2005 to property owners and interested parties and the Public Hearing Notice was posted on the same day. ATTACHMENTS: I. Draft City Council Resolution upholding the appeal 2. A copy of the Appeal dated 1/25/05 3. Report prepared by Arbor Resources, City Arborist dated January 28,2005 4 4. A copy of Planning Commission Resolutions #05-005 5. A copy of Planning Commission minutes of their regular meetings of 1/12/05 6. A copy ofthe 1/12/05 Staff Report to the Planning Commission 7. Complaint Form filed by Appellant 8. 1993 Building Permit and Site Plan for Exterior Decks 9. Photos submitted from neighbor's property 10. Letter from property owner dated 9/23/04, 11/29/04, 1/4/05, and 1/6/05 II. Letter from the appellant dated 11/30/04 12. Plans, Exhibit "A" 5 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION REGARDING MODIFICATION TO A DECK WITH OUTDOOR WALLED KITCHEN LOCATED AT 14111 PALOMINO WAY WHEREAS, the Planning Commission conducted a duly advertised Public Hearing on January 12,2005, during which all interested parties were allowed to speak; and WHEREAS, following the Public Hearings, the Planning Commission considered all the evidence and testimony before it; and WHEREAS, the Planning Commission voted to adopt a resolution as indicated in the Planning Commission discussions; WHEREAS, on March 2, 2005, the City Council of the City of Saratoga conducted a Public Hearing during which all interested parties were allowed to speak; and WHEREAS, following the Public Hearings, the City Council considered all the evidence and testimony before it; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the appeal filed by James and Kathleen Christensen is denied and the determinations made by the Planning Commission are upheld and the subject structure as depicted on plans prepared by Park Miller for the Rossi Residence Deck Reconstruction and Modification for 14Ill Palomino Way, date stamped 12/20/04, "Exhibit A" must be revised as follows: L The property owner shall comply with the recommendations made in the City Arborist Report dated January 28, 2005 and make any necessary design revisions. 2. The portion of the deck which encroaches more than 4 feet into the side yard should be lowered to comply with Section I5-80.0I0( c) of the Zoning Ordinance which allows that decks which are not above finished grade may be constructed in any side yard. 3. The barbeque should be moved out of the 20 foot side yard setback in accordance with Section 15-80.030 which requires that permanent barbeques be located no more than 6 feet from the rear property line and be not more than 4 feet in height. 4. The "optional cut out" which is depicted on Sheet 3 of the plans should be removed from the plans and is prohibited in order to maximize privacy for the neighbors. Section 1. All applicable requirements of the State, County, City and other Governmental entities must be met. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of March, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen King, Mayor ATTEST: Cathleen Boyer, City Clerk ... /, C> CITY OF SARATOGA CITY COUNCIL ~ ApPEAL ApPLICATION Appellant Name: --::ra me 6 C{ (J c:{ f< a+h l'Eei1 O'h () 5 +e()5efj Address: 1405f) PUlID rf) I nD uJei1~1 5ctm.to~ Telephone#: tflY~- ~lo ~-q-+ <6 7 Name of Applicant tJ () I ~I () c. ~ (If different than Appellant): f\ D Cl VI I\. 0 s;.1 Project file number and address: _ _' . _ 1411 ~ r V1 IDm I nD~~ Decisiopbeingap~~ed: &{Y)()\Y1 Comm''S6\DVl \ J2 o? ~\A ~Cht-jjbn ~ ,I\~ ~ \ Y\ \ ':7-r-'<i ~ \YbCB5 IDN . Li C-o mm\..hlt ) In' c(U)Lj- 37D Grounds for appeal (Letter may be attached): See Report to Planning Commission - ChristensenlRossi 04-370See January 12 Planning Commission minutes and video tape, including the Christensen position and the planning commissioner's discussion following the public hearing.The resolution adopted by the Planning Commission was approved without completing the actions intended by planning commissioners, as discussed prior to the vote and requested by the appellant. Applicant Signature: t;ft';C~b~ Date: I~ {J5: -05" o Municipal Code Section 2-05.030 (a) appeals: . No Hearing $100.00 . With Hearing $200.00 o Municipal Code Section 15-90.010 appeals (Zoning related): . Appeals from Administrative Decisions to the Planning Commission $150.00 tsJ Municipal Code Section 15-90.020 appeals (Zoning related); . Appeals from the Planning Commission to the City Council $250.00 .. o Request for a Continuance: . First Request . 2nd Request No Charge $250.00 This Application must be submitted to the City Clerk within 15 days of the date of the decision. "- ~'ieJS Hearing Date: _ _- - Fee: .$i ?-s Receipt#: ' ~3,91 / . '. IJ. 1\POMfL.\CA'TlOr.J::>,.:'7~1l')/"'.\I\."e.v. . '. '~.'-Yj'\\ C\/IV\i C\pC\SiOnonTIlt... -k Ul rID f ()P! ) ,. 'U m 1\ Ill' 1 L... I r' AvJP\ 117 N0. -I-YlE' ".f' 0.]., c~ \ ~ -\-0 - C:I+U~CDl~()2.\ I >. Oi:~e. !.C::'l ~~- COn e c>\- -R?(~ ,~, O'\!-e'(~ 'o,-~ 00.(' c..o ~^ ~'\ S-c. \. \lJ "- \).!\ \ \ C u0-f\ ~ \(\ . ~'O(\ \.:> \eV\,:;uv v -, . I neJ:.\0\ r _,^"'~(A\ Date Received: , . @\! ~,~ ~ ~6' fJ. t I~tr", J. ~ \ ,$ , \ . '" . t ..iiJ.~:" ~ CITY OF SARATOGA CITY COUNCIL APPEAL ApPLICATION Appellant Name: ~Cli'Y\eC, and k'a+hj.peY) Ch()sf-ensen Address: ---19055 'PaIDm',nb Uby} 5avcrfo~ Telephone#: 3D1>-~(o~ - q L/ ~ I Name of Applicant <1) I dR' (If different than Appellant): ",Dna C6~f 1+/11 YCilloi'YlInD WOIAf J Savztlo5Q . , rJ I ifJ- 05 I phution _ [e..81 Or) ~ Glll71l7lahlJb.! m -~7( Project file number and address: See Report to Planning Commission - ChristensenIRossi 04-370See January 12 Planning Commission minutes and video tape, including the Christensen position and the planning commissioner's discussion following the public hearing. The resolution adopted by the Planning Commission was approved without completing the actions intended by planning commissioners, as discussed prior to the vote and requested by the appellant. 1!t~~~ Applicant Signature: Date: / ~ ;<,5- 0 s:- '-... 1SJ Municipal Code Section 2-05.030 (a) appeals: . No Hearing $100.00 . With Hearing $200.00 D Municipal Code Section 15-90.010 appeals (Zoning related): . Appeals from Administrative Decisions to the Planning Commission $150.00 D Municipal Code Section 15-90.020 appeals (Zoning related); . Appeals from the Planning Commission to the City Council $250.00 D Request for a Continuance: - First Request . 2nd Request No Charge $250.00 Date Received: Hearing Date: Fee: 2<) , Receipt #:. ~ 3<'11 .. . . 'Two o.~l1co..h(){lb~. m1e., . i \ --y\j dec\'51D{) c:nthe_coffec.tiOrl'(' AlJ0ct\iI()~1 +l\eo afto.{,l'\-ecj:' ~~_Im\('(.\ '.\ cl' "6 \e\J'\eWecl. bil OJ\ Df OPpt'iIl r 'w Ci~ COur)CI J. Once- 10.'1 {O(s -eC\510Y'l \ -\ C{D\'\6e-\ I we- \}.JII\ conf\ym +he 10<1'11 o-P ap~l, the City Clerk within 15 days of the date of the decision. . ARBOR RESOURCES Professional Arboricultura[ Consulting & Tree Care January 28, 2005 Ann Welsh Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: OAK TREE at 14111 at the Rossi Property; 14111 Palomino Way, Saratoga Dear Ann: As requested, I have evaluated the impacts to one Coast Live Oak (Quercus agrifolia) caused during the construction of an enclosed structure in the backyard of the above- referenced site. This tree is located on the downhill side and immediately adjacent to the proposed gas fireplace (adjacent to the enclosed structure). Plans reviewed for my evaluation includes Sheets I and 3 of the Proposed Terrace Modifications by Park Miller Architect, dated 11/15/04. I visited the site on 1/25/05 and my fmdings and conclusions are presented below. Findings The subject tree has a trunk diameter of 14.8 inches and appears in overall poor condition. It was severely reduced in height ("topped") some time ago, an action which has jeopardized its structural integrity throughout the remainder of its life. Consequently, the branches growing from the cut area are now weakly attached and vulnerable to potential failure. The trunk's base currently abuts the foundation of the new structure. As a result, the foundation is at potential risk of heaving or cracking as the tree's trunk grows over time. There is a substantial amount of soil fill around the trunk's base, It appears to have been placed there to allow drainage away from the new foundation. However, it promotes infection of the trunk and roots by root rotting organisms that can lead to the tree's potential decline and/or failure. I am unable to accurately determine the impacts to the tree as I did not view the previous structures and footings prior to construction. If the foundation did not exist prior to the foundation being constructed, it is likely that a major portion of its root system was removed and the trees' stability and vigor were severely impacted. P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net Phone: 650.654.3351 . Fax: 650.654.3352 . Licensed Contractor #796763 . ARBOR RESOURCES Professional Arboricultural Consulting & Tree Care January 28, 2005 14111 Palomino Way page 2 Conclusion Based on the tree's overall condition and its location against the foundation of the new structure, I recommend its removal be permitted. Mitigation for its loss shall involve the installation of new trees being installed (anywhere on the property) equivalent to its appraised value of $1.400/ such as one tree of 36-inch box size or three trees of 24-inch box size. Replacement tree values and sizes are presented on the bottom of the attached table. Acceptable replacement species include Quercus agrifolia, Quercus lobata, Quercus kelloggii, Quercus douglasii, Quercus dumosa, Acer macrophyllum, Aesculus californica, Pseudotsuga menziesii and Sequoia sempervirens. In the event that the tree remains, all soil fill within one-and-a-half feet from its trunk must be removed to expose natural grade. If this is not feasible due to drainage purposes, replacements equivalent to its value shall be installed (per the above specifications) whether the tree remains or is removed. Sincerely, J/l~ I David L. Babby, RCA Consulting Arborist Attachment: Tree Inventory Table 1 This value was calculated in accordance with the Guide for Plant Appraisal, 9'h Edition, published by the International Society of Arboriculture, 2000. P.O. Box 25295, San Mateo, California 94402 . Email: arborresources@earthlink.net Phone: 650.654.3351 . Fax: 650.654.3352 . Licensed Contractor #796763 . ARBOR RESOURCES Professional Arboricultural Consulting & Tree Care TREE INVENTORY TABLE " l ~ 0 Tii .iii ~ .~ ~ tl i~ ~Tii ~ on ~ - " ~ @~ ~ 8.~ " e. " II .E '. 6 .t~ 0 :> .\j.S 1 or!. ..0" .., ]1f 0;9 .., 0 .B 0" 1 ~ .. - on '!< 11 ,,~ '6.J .s II ~.g "Tii Ii -" .01 ~ = ~ ~ " cog - e. o " g,g] ~ Q s, '" u~ ]~ u " i5: - ~i o~ ~ TREE 1 ~ ~ 0 0;90" ,,0" ] ~ 1i:E 0 <: r~ ~~ .68 u ~ NO. TREE NAME f--<~ J! "':;:. ~ Jj;E' 8~ " TREE REPLACEMENT VALVES 15- llon - $120 24-inch box - $420 36-inch box - $1,320 48-incb box = $5,000 52-inch box = $7,000 72"_ box ~ $15 000 Site: 14111 Palomino Way, Stu'tItoga Pr.poredfur, Ci!Jo ofSoratogd COIIIIIIIUJity DeveJop_ Drport heptued by, /JoI>Ui 1. B#bby. RCA JlUUUI1Y 27, 200S . . RESOLUTION NO.05~005 APPUCATION NO. 04-370 CITY OF SARATOGA PlANNING COMMISSION STATE OF CALIFORNIA Appeal of Decision Rossi - Christensen / 14411 Palomino Way WHEREAS, the City of Saratoga Planning Commission considered an appeal of the Administrative Decision to approve an outdoor walled kitchen and deck as an unenclosed garden structure; and WHEREAS, onJanuary 12, 2005 following a duly noticed and conducted de novo Public Hearing at which all interested parties were given a full opporrunity to be heard and to present evidence, the Plarming Commission considered all testimony and evidence presented including all materials prepared by city staff, the appellant, the property owner and other interested parties and rendered its decision on the Appeal sought by James and Kathleen Christensen for reversal of the decision to approve the proposed outdoor walled kitchen and deck as an enclosed accessoty structure; and WHEREAS, California Code of Civil Procedure section 1094.6 Governs any judicial review of this decision, and each applicant and each appellant is hereby notified that if such applicant or appellant intends to seek judicial review, the deadline for any such court action is not later that the 90 day following the date on which this decision became final (this decision shall become final on the date that the Notice of the Decision is mailed to the applicant and the appellant), and; WHEREAS, the Planning Commission determined that the Adnllnistrative Decision was based upon erroneous information and the appeal should be upheld. NOW, THEREFORE BE IT RESOLVED, that the appeal filed by James and Kathleen Christensen is GRANTED and the Administrative Decision is overturned with the following conditions: 1. The property owner shall apply for an arhorist report and Exhibit "A" should be submitted to the City Arborist for reconunendation on how to mitigate any damage which may have occurred to the 18 inch live oak tree and the 30 inch redwood and the 20 inch redwood tree which are in close proximity to the cinder block wall that was constructed to support the outdoor kitchen. 2. The property owner shall comply with the reconunendations in the Arborist Repott and make any necessary design revisions. 3. The portion of the deck which encroaches more than 4 feet into the side yard should be lowered to comply with Section 15-80.0l0( c) of the Zoning Ordinance which allows that decks which are not above finished grade may be constructed in any side yard. . . 4. The barbeque should be moved out of the 20 foot side yard setback in accordance with Section 15-80.030 which requires that permanent barbeques be located no more than 6 feet from the rear property line and be not more than 4 feet in height. 5. The "optional cut out" which is depicted on Sheet 3 of the plans should be removed from the plans and is prohibited in order to maximize privacy for the neighbors. Section 1. All applicable requirements of the State, County, City and other Governmental entities must be met. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of January 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl None Zutshi None Chair, Planning Commission ArrEST: Secretary, Planning Commission 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 recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date DATE: PLACE: TYPE: MINUTES SARATOGA PLANNING COMMISSION Wednesday, January 12, 2005 Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Staff: Commissioners Garakani, Hunter, NagpaI, Rodgers, Schallop and Uhl Commissioner Zutshi Associate Planner John Livingstone, Associate Planner Christy Oosterhous and Associate Planner Arm Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Regular Meeting of December 8, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of December 8, 2004, were adopted with corrections to pages 5, 10 and 20. (6-0-1; Commissioner Zutshi was absent) ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Associate Planner John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 6,2005. REPORT OF APPEAL RIGHTS Associate Planner John Livingstone announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision for Design Review and ten (10) calendar days for Use Permits, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO.1 APPLICATION #04-150 (397-15-018. 397-14-022. 397-13-030) METRO PCS. West Vallev College. 14000 Fruitvale Avenue: Request for Use Permit approval to install three panel antennas and an equipment enclosure at the theater building on the West Valley College Campus. The theater building is currently utilized by several wireless facilities. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: . Advised that the applicant is seeking approval for the installation of three panel antennas and an equipment enclosure at the West Valley College theatre building. The antennas will be on the exterior of the building, at roof level and will be 60 feet high. The enclosure consists of a concrete pad that is 10 feet by 6 feet with 6 foot high fencing. The enclosure would be located at the rear of the building. . Recommended approval. Commissioner Hunter asked staff if there IS a limit to the number of antennas that can be accommodated at this site. Associate Planner John Livingstone replied that there might be an RF emissions issue if too many antennas are combined within one location. Commissioner Nagpal sought assurances that the emissions study conducted takes into consideration the cumulative effects including existing and proposed antennas. Associate Planner Christy Oosterhous replied yes. The emissions study was based upon the antennas from seven carriers. Chair Garakani opened the Public Hearing for Agenda Item No. I. Ms. Presley, Representative and Applicant for MetroPCS, stated that she was available for any questions. Chair Garakani asked Ms. Presley if she has plans for other sites in Saratoga. Ms. Presley replied yes. One is under consideration for placement at the Saratoga Library. She added that their equipment is small with little area necessary to accommodate it. Chair Garakani closed the Public Hearing for Agenda Item No. I. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, tbe Planning Commission approved a Use Permit to allow the installation of three panel antennas and an equipment enclosure at the theater building on the West Valley College Campus located at 14000 Fruitvale Avenue, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl None Zutshi None *** PUBLIC HEARING - ITEM NO.2 APPLICATION #04-370 (503-68-013) CHRISTENSEN/ROSSL 14111 Palomino Wav: Appeal by Christensen of an administrative decision to approve an outdoor kitchen/wall and deck as an unenclosed accessory structure within six feet of the side property line on the Rossi property located at 14111 Palomino Way. The property is located in the Hillside Residential District and the lot size is 45,716 square feet. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: . Advised that this action is an appeal of an administrative decision to allow an outdoor kitchen/wall and deck with outdoor kitchen, a gas grill, pizza oven and icemaker. . Reported that work had begun on this project until a complaint from an adjacent neighbor resulted in a "stop work" order being issued on September 21, 2004, for construction without permits. . Stated that on November 24, 2004, the Community Development Director made the determination to approve this construction pending revised plans to lower the wall. . Said that the neighbor filed an appeal of that decision on November 24,2004. . Advised that a 1993 permit had been issued for an exterior deck that was 24 feet by 20 feet. The actual deck was constructed 10 feet longer. No final inspection was obtained and that permit expired. . Informed that this recent administrative decision was made based upon the assumption that the deck in question had been legally permitted. . Stated that staff is recommending that this appeal of that decision be upheld and that plans be revised to comply with Code requirements. . Said that the deck was built around protected trees (Oak and Redwood) and the Arborist should review the impact of this deck on these trees. The barbecue should be moved from the side yard setback, which does not permit a barbecue any closer than six feet from a side property line. Commissioner Hunter asked if this item would also go on to Council. Associate Planner Ann Welsh replied no. An administrative decision's appeal ends with the Planning Commission. The next option would consist of Civil Court action. She added that when the Commission makes initial decisions, those decisions could be appealed to Council. Chair Garakani asked staff to confirm that tonight's decision is final on this matter. Associate Planner Ann Welsh replied correct. Chair Garakani asked staffto clarify how finish grade differs from natural grade. Associate Planner Ann Welsh replied that the Zoning Ordinance does not define finish grade. That is why this is such a difficult topic. Commissioner Nagpal pointed out that the Building Code says that the finish grade is that which complies with the approved plan. Associate Planner Ann Welsh replied that this is a reasonable interpretation. Associate Planner John Livingstone added that this is consistent with how staff has viewed finish grade. Chair Garakani opened the Public Hearing for Agenda Item No.2. Mr. Jim Christensen, Appellant, 14055 Palomino Way, Saratoga: . Identified himself as a 20-year resident of Saratoga, five years on Palomino Way. . Said that this situation has an impact on his home life and investment in this property. . Stated that the action to overturn this administrative decision should be taken by the Commission. . Advised that he can view this structure from every living space and recreational space on his property. . Said that this structure violates the 20-foot setback of Hillside Residential zoning. . Added that if this administrative decision were not overturned, this type of structure would be classified as an unenclosed structure elsewhere in the City of Saratoga. . Suggested that the Arborist needs to review the impacts on the protected trees, that the window located in the center of the wall needs to be removed and that the barbecue needs to be moved. . Pointed out that this deck looks like a two-story home, overlooking their property. . Advised that he and his 14-year-old daughter are no longer comfortable using their spa. . Disagreed with the decision that this 10- foot high wall can be considered an unenclosed garden structure. . Declared that he did not buy an acre of property to live next to a freeway quality wall. . Said that this decision to allow this structure was a disservice to his family. This structure is a multi-use structure that results in a higher intensity of use. . Stated that the administrative decision was not consistent and that this structure should have automatically been prohibited. . Restated that this structure has had a negative impact on his family and their guests as it disturbs their privacy and has view impacts. . Pointed out that the 1993 permit for this deck was never finaled. . Said that if a complete review of the facts had been done, the fact that this deck was non- conforming would have been discovered earlier. . Suggested that this structure should have required design review approval and not been accepted as an unenclosed garden structure, which this is not. . Reminded that this intensity in use so close to a property line is not allowed. The rear yard is a more appropriate location for this use, not a side yard. . Said that an outdoor kitchen structure should be considered within a public hearing forum rather than at an administrative level. . Reiterated that this structure has resulted in an invasion of privacy and view impacts from his property. It devalues his property. . Said that a use of this nature only belongs in the rear yard setback. It represents very similar or greater use than many other types of enclosed structures. . Said that he questions allowing a wall/kitchen structure with 10 foot-high walls. . Urged the Comrnission to protect trees, to enforce the Codes that pertain to decks, to require the relocation of the barbecue and removal of the window in the wall. . Asked the Commission to follow the regulations of the Design Handbook as this current situation sets an incorrect precedent for all residents in Saratoga. Chair Garakani thanked Mr. Jim Christensen for the packet of information provided at the site visit. Asked if the window has since been removed since he did not notice it during the site visit. Mr. Jim Christensen said that this window was covered by a black tarp at yesterday's site visit. He assured that it is still there and overlooks his pool and spa. Associate Planner Ann Welsh advised that while the plans depict an optional window, the recommendation is that no window be included. Commissioner Nagpal asked Mr. Jim Christensen if he has a written copy of his comments made this evemng. Mr. Jim Christensen replied no. Mr. Ron Rossi, 14111 Palomino Way, Saratoga: . Stated that nothing has changed with his deck. . Assured that there never was a functional window planned for this wall but rather an opening to be filled with obscured colored decorative glass. The window was never intended to be a see-through window and they had told the Christensens that fact. . Added that when the Director required the lowering of the height of this structure, most of this opening was lost. . Said that he has resided on this property since 1978 and that there was a forest of bamboo separating the properties so there were no views from one property to the other. There were never any noise or smell impacts from the two properties. . Advised that they recently took out this bamboo as it had become invasive and posed a risk to the Oak and Redwood trees. They replaced the bamboo with three large specimen Redwood trees and a Maple tree. . Said that they are prepared to accept any condition and/or record a covenant on his property to require the planting of screening landscaping as well as life-long maintenance of said plantings to remain the responsibility of him and/or any future owners of his property. He added that he was also willing to plant, at his cost, any additional screening trees on the Christensen property. . Said that they are willing to relocate the barbecue. . Said that permanent landscaping is the only solution. . Stated that staff overruled the Director's decision following his departure. . Reported that he attempted to call Planner Ann Welsh but received no call back until after the staff report had already been mailed out. However, Planner Ann Welsh spent a lot of time working with the Christensens. . Stated that he has a right to equal input from staff and that that Director's determination was correct. . Pointed out that the deck was in place since 1980 as part of the swimming pool. . Showed an aerial photograph from 1989 that showed the pool and deck. . Said that a neighbor who could not be here in person this evening sent a letter of support. . Stated that the staff report provided by staff was biased and erroneous. . Said that the deck in its present configuration was built under a permit. Chair Garakani asked Mr. Ron Rossi when the aerial photograph he provided was taken. Mr. Ron Rossi said that he had it in his office. Commissioner Nagpal asked how he knew the date of this photograph. Mr. Ron Rossi: . Said that he removed a stairway from the deck in 1992 that was still in place at the time this aerial was taken. Therefore, the photograph had to pre-date 1992. . Stated that finish grade equals when construction is finished. With natural grade, no one could have a deck, as the deck would slope. Commissioner Nagpal asked Mr. Ron Rossi if his beginning construction without permits was simply an oversight on his part. Mr. Ron Rossi: . Said that similar approvals are granted all the time in Saratoga. . Said that initially, they were simply going to cover the deck with tile and didn't think that a permit was required for that work. . Added that they also hired someone to remove the bamboo that had become invasive and realized that with that removal, they could now see in to the pool and spa area ofthe neighboring property. . Reminded that he had a permit with the City for the family room that was under construction at the same time. Building staff was coming by the house all the time to inspect that project so he would never have knowingly undertaken additional work on his property that required a permit without obtaining that permit. Commissioner Rodgers reminded Mr. Rossi that five years ago he had represented neighbors who had a dispute and was able to bring forward a resolution to Council. Asked ifhe was unable to broker such a resolution with the Christensens. Mr. Ron Rossi said that he would love to. He said that he had tried to come up with a solution with the Christensens, as he is a big advocate of mediation. Reminded that his offers included a landscaping easement, provision of screening landscaping and the relocation of the barbecue. Commissioner Rodgers pointed out that these two homes are located very closely at that point and that the Christensen home is oriented toward the Rossi home. Mr. Ron Rossi reminded that his deck was not previously visible from the Christensen property because of the screening provided by the bamboo on his property. Commissioner Rodgers pointed out that this is a very large structure that is very visible from the Christensen property. Asked if there is any way to re-orient this structure. Mr. Ron Rossi: . Reported that their barbecue has been located at this spot forever. . Added that the use has not intensified as they have been using this area for years and that an added icemaker does not make this area into a kitchen. . Reminded that there has never been a noise problem from his property and that he is willing to have any kind of reasonable noise restrictions imposed upon him. Commissioner Rodgers asked if anything else can be done to screen this structure and whether he is willing to have restrictions on the hours of use. Mr. Ron Rossi said that he is willing. He added that they have already lowered the structure and installed landscaping that will grow quickly to screen this structure from the neighbor's view. Commissioner Nagpal asked Mr. Ron Rossi if there is another location on the property that can accommodate this use. Mr. Ron Rossi: . Replied no, there is no other place. . Added that this deck area is situated right off their kitchen. Moving it would be costly and less convenient to use. . Reminded that they have used the deck area in this way for the last five years. . Said that they can see their neighbor's house from their kitchen. . Agreed that landscaping is the solution and reminded that he is willing to record a covenant to retain responsibility to provide this landscaping. . Pointed out that such a covenant is enforceable. Mr. Park Miller, Architect, 327 Oak Meadow Drive, Los Gatos: . Advised that he has worked with Mr. Rossi several times. . Said that he was called by Mr. Rossi following the issuance of the "red tag" stopping construction. . Said that there is a solution available that is beneficial to all. . Reminded that the objective for Mr. Rossi is to repair his deck and improve the privacy between the Rossi and Christensen properties. . Said that Mr. Rossi consulted with Planning staff and was advised that this could be considered an unenclosed garden structure, as it is an unenclosed decorative wall and terrace and sits in a garden. . Said that there are limitations to the use of an unenclosed decorative structure and they made adjustments to the plan and submitted it to staff. They were told that this was an issue for consideration by the Community Development Director. The Director found that this application conformed as an unenclosed garden structure but that the neighbor appealed that finding. . Stated that the staff report has made additional recommendations and Mr. Rossi finds most acceptable. . Said that the wall cutouts were simply decorative. . Said that there are two options to consider. One, the structure as a whole is an unenclosed garden structure, no different than a gazebo. Two, a retaining wall up to three to four feet is permitted. It can then be backfilled and the deck placed on finish grade. . Showed a photograph as an example of proposed landscaping consisting of vines and trees. . Reminded that there is no intensification of use. The use would be the same as before. Commissioner Nagpal pointed out that a wall does not normally include a window but rather serves as a physical barrier between two properties. Mr. Park Miller replied that the wall addresses immediate privacy needs. Commissioner Nagpal asked if forming a physical barrier is the goal for this wall. Mr. Park Miller replied yes. Commissioner Nagpal asked Mr. Park Miller if he has evaluated locating this elsewhere on the Rossi property. Mr. Park Miller said that he became involved after the fact. He is trying to help find a solution. He added that the way the Rossi house is configured; this area represents an activity node between the kitchen, deck and pool. Commissioner Rodgers asked Mr. Park Miller ifhe was involved when the deck foundation was placed. Mr. Park Miller replied no. Chair Garakani asked if the vegetation in the sample photograph would require full sun. Mr. Park Miller replied that this photograph is simply intended to serve as an example of what kind of screening with landscaping is possible. Mr. Paul Mehus, 629 N. Santa Cruz Avenue, Los Gatos, pointed out that every site is different. This is not a classic side yard as the Rossi house is angled on this property. Mr. Todd Johnson, Appraiser, 85 College Avenue: . Said that Mr. Rossi hired him after learning that the Christensens were having an appraiser determine negative value impacts on their property as a result of this structure on the Rossi property. . Said that he inspected the deck and saw it from the Christensen property perspective. . Reminded that previously, bamboo on the Rossi property provided privacy for both the Christensen and Rossi properties. . Pointed out that the wall will be landscaped and maintained to mask the appearance of the unenclosed garden structure on the Rossi property from view on the Christensen property. . Disagreed that the structure was visible from every room of the Christensen home and assured that landscaping would substantially reduce views of this unenclosed garden structure located on the Rossi property. . Reported that it is his conclusion that there is no diminishing of property values for the Christensen property. Some privacy was lost with the removal of the bamboo and the unenclosed garden structure will serve to reduce noise impacts. . Added that the Mr. Rossi is prepared to provide all required screening landscaping for both properties. . Advised that with the covenant agreed to by Mr. Rossi, the Christensens are assured landscaping maintenance. . Added that such an installation would be permitted in Monte Sereno. Commissioner Hunter pointed out that at a hearing in December, many spoke out against having walls in the hillsides as being offensive. Mr. Todd Johnson said that with the landscaping this wall will not be visible and therefore would have no impact at all. Associate Planner Ann Welsh advised that in the Hillside zoning district, a property owner could enclose 4,000 square feet area oftheir property. Ms. Dana Rogers-Burns, Real Estate Agent, 12600 Easton Drive: . Said that the Rossi home is beautiful and enhances the neighborhood. . Opined that the deck is charming. . Suggested that the structure proposed is a benefit to both properties and that with the proper landscaping, this visibility will soon go away. . Said that Mr. Rossi's willingness to impose a covenant on his property is a brave thing to offer and is a benefit to the neighbor next door. . Said that she hopes this can be resolved. . Pointed out that different amenities are desired these days. She said that she finds lots of pizza ovens and elaborate landscaping. . Reiterated that this will be a benefit to both parties. Commissioner Rodgers stated that Ms. Rogers-Bums might have a different perspective if she were showing the Christensen home. Ms. Dana Rogers-Bums replied that this is a structure more than a traditional wall and would be landscaped away from view. Mr. Rob Posadas, 14141 Palomino Way, Saratoga: . Said that this structure is viewable from his property too but that he is looking forward to its completion as he expects that it will be beautiful. . Said that it is common to see outdoor barbecue areas such as this and that they improve the feel of a neighborhood. . Stated that this would be impressive and encouraged its approval. Chair Garakani asked Mr. Rob Posadas if he would feel the same if he lived on the Christensen property. Mr. Rob Posadas said he would like it even more ifhe lived on the Christensen property. He said that he lives further than the Christensens do and would want landscaping to screen it from view. Commissioner Nagpal asked Mr. Rob Posadas ifhe is the rear yard neighbor to the Rossi property. Mr. Rob Posadas replied yes. Ms. Rina Pieters, 14178 Palomino Way, Saratoga: . Said that she has known the Rossi family for 25 years. . Assured that the end result would be beautiful. . Stated that they are considerate people who will take their neighbor's interests into consideration. Mr. Kirby Miller, 14098 Palomino Way, Saratoga: . Said that he has resided in the neighborhood for 33 years and his kids played together with the Rossi children. . Identified himself as an acoustics professional. . Said that the general rule of thumb regarding noise is to avoid any sight of line between the source and the observer. . Stated that the potential source of noise is better offthe more obstructed it is from view. . Declared that the Rossis are great neighbors. Mr. Bob Weaver, San Jose: . Stated that he once lived on Palomino Way. . Said that it is unfortunate that everyone is here this evening spending time on this issue. . Agreed that both families feel strongly about their respective positions on this issue and that a solution is required. . Suggested that there is no problem or conflict that cannot be resolved and that the give and take that comes with mediation could better deal with this situation. . Said that the Rossis are great neighbors and have a beautifully landscaped property. Ms. Mariola Ilnicka, 14174 Palomino Way, Saratoga: . Said that she has lived in the neighborhood for 13 years. . Stated that the Rossi yard is always beautiful and appealing to the neighborhood. . Said that she would support such a structure and assures that it will be a beautiful addition with the proposed landscaping. Mr. David Rossi, 1205 Normandy Drive, Campbell: . Identified himself as the Rossis' son. . Pointed out that the way this lot is configured, the house is built down into the hill. Lots of property on the site is unusable. . Stated that the deck is located next to the kitchen and his family has used this deck for most of his live, since 1980. His parents since 1975. . Said that they have put in a deer fence and effectively screened it with landscaping to hide it. . Reported that the property line landscaping between the Christensen and Rossi properties has been maintained by his mom for the last 30 years while trees have died on the Christensen property. . Said that this proposed use does not represent intensification of a use as it has been in place since 1980. . Suggested that emotion is getting in the way and that he is not sure what the Christensens want. . Reiterated his belief that the Christensens do not maintain the property line and that this unenclosed garden structure will actually serve to increase their privacy. . Said that the Christensen home slopes further down than his family's home, as their land is set lower. . Said that he looked for a definition of kitchen and found one that says that it consists of 220 power and full-sized refrigerator, which he found to be rather a vague description. Ms. Lillian Fromer, Palomino Way, Saratoga: . Said that she is a one- year resident. . Stated that she envies the Rossi garden and has a straight on view into it. . Added that the Rossi family is quiet. Mr. Jim Christensen, Appellant: . Advised that this is not a neighborhood dispute with the Rossis. . Added that the only issue he finds disappointing is when the Rossis say that they talked with them. . Stated that a wall in a rural area is unacceptable. . Pointed out that if there is an appearance that homes are too close together, some potential buyers simply walk away. . Agreed that he has spoken with staff a significant number of times regarding this situation. . Advised that in order to do so he waited in line, signed in and met with staff. . Said that he had one meeting with Ann Welsh in January. However, the Director never returned calls to him. . Informed that he has owned this home for five years and agreed that there have been no noise concerns in the past with the Rossis. . Pointed out that staff had rejected the proposal by the Rossis and the matter went to the Director for consideration. The Director overturned staffs denial based upon a meeting with Mr. Rossi. . Said that this structure has a negative impact on his property and would set a precedent by being classified as an unenclosed garden structure. Instead, this is an outdoor kitchen that has adverse impacts on privacy, views, intensity of use and property values as a result of having it located six feet away from his property. . Added that there are no other comparable structures in the Hillside zoning district that is located so close to the property line. . Reminded that this impacts the value of his home. . Advised that this is not about landscaping mitigating design flaws. Rather, site use is the issue. . Stated that to resolve existing Municipal and Residential Handbook compliance issues, the Arborist needs to review impacts on the protected trees, the optional window depicted on the plans needs to be removed and the barbecue needs to be relocated near the pool. If this barbecue is portable, it can stay. Ifnot, it should be moved. . Said that the deck encroaches into the setback and is actually an existing non-conforming deck. It is more than I I years old and a Class V deck, which now should be scheduled for elimination, as there is no proofthat there is a legal permit. . Said that the whole deck as it now exists is not how it was depicted on the plans. It is much larger. . Stated that concentrated use is a big issue. Rear yards are where people are to gather, not side yards. . Cautioned that this is a precedent-setting decision in calling this an unenclosed garden structure as if it were like a trellis. . Said that the impact is like allowing a kitchen in the side yard. . Stated that landscaping is not intended to mitigate design problems, which include privacy and bulk impacts. . Reminded that this structure is visible from the main rooms of his home, including the master bedroom. . Described this structure as a freeway style stucco sound wall. It decreases property values and landscaping won't fix this issue. . Reiterated that this structure decreases his family's enjoyment oftheir home. . Stated that when he bought this home, he expected 20 foot setbacks not a freeway-style wall located just six feet from his home. . Pointed out that he pays higher property taxes for living here in a rural area. -~._--<----~-~---,-----,----_.-----------,.-_._"---------------------. ._----,-~.._p..,,-,-------~-- Chair Garakani asked ifthere was a lot of screening provided before by the bamboo. Mr. Jim Christensen replied yes. Chair Garakani asked Mr. Jim Christensen if he was aware that the deck was there on the Rossi property. Mr. Jim Christensen said he did not know for sure. However, what he sees now is something higher than ever seen before. Chair Garakani said that privacy would be an issue when people are standing on this deck without the proposed landscaping. Mr. Jim Christensen reminded that the aerial provided by staff shows an overhead trellis and not the deck extension as it exists today. Chair Garakani closed the Public Hearing for Agenda Item No.2. Commissioner Rodgers asked staff to explain the comment by Mr. Christensen regarding the Class V non-conforming structure that should be scheduled for elimination. Associate Planner Ann Welsh advised that this applies to non-conforming structures. However, the assumption is that this deck is a legal non-conforming structure so this rule does not apply. Associate Planner John Livingstone added that forcing owners to remove non-conforming structures is difficult. A draft has been prepared that proposes to removed this language from the Ordinance. Commissioner Nagpal asked if a physical barrier such as this could be construed as a fence. Associate Planner Ann Welsh replied that since this structure is not an enclosure, it does not apply. Commissioner Nagpal asked ifthere is a protocol that determines when such an application is handled administratively as opposed to being brought to the Commission. She asked if the Commission could make Design Review findings. Associate Planner Ann Welsh advised that the Ordinance doesn't address this. If the Director feels it is beyond his/her scope, than the Director has the option to bring a request before the Planning Commission for a decision. Since this item was so contentious, staff thought it was important to bring this item to the Commission. Commissioner N agpal said that in clarification, upon looking at the Ordinance as it pertains to accessory structures, it appears that the Director could have brought this item to the Commission. Associate Planner Ann Welsh added that it could be determined that such a structure requires a Use Permit. Commissioner Schallop: . Said that this is a complicated issue and he appreciates hearing both sides. . Stated that the removal of the bamboo highlighted what is going on with this structure. . Said that even thought construction is already underway, this item should still be considered as if it is an original permit review prior to construction. . Called out three potential arguments. One, this is a legal non-conforming and previously existing deck with no record provided by the City or the owner. Two, the Director approved this project as an unenclosed garden structure, which is not a proper interpretation, in his opinion. Three, the issue of finish grading, which he interprets to be based upon an approved plan. . Said that in looking at the equities of this situation, he visited both sites today. . Advised that clearly there are impacts on the neighbor's views as a result of this structure, which is visible from their yard. . Pointed out that most property owners would not want to be looking at this structure from their yard. Commissioner Rodgers: . Stressed the importance of balancing the impacts on these two neighboring properties. . Reminded that this is a rural atmosphere in a Hillside Residential zoning district, which is different from the flats of Saratoga. Instead people expect views of trees and wildlife, one of the reasons for the development of Hillside Residential regulations. . Pointed out that the Design Guidelines caution against using landscaping to cure architectural problems. . Described several problems with this wall structure including height, setback, noise and line of sight. . Said that there are other ways to deal with noise outside of installing a large waIl, including regulating hours of use and notification of neighbors. . Stated that she is concerned about what kinds of applications are approved and stressed the importance of having plans before the City prior to construction beginning. . Stated that she did not believe this structure can appropriately be categorized as an unenclosed garden structure, which are ornamental and decorative structures that are no closer than six feet to a side yard property line and shall not exceed 8 feet in eight. Examples of unenclosed garden structures are open, not solid walls, no kitchen structures. Therefore, a semi-enclosed kitchen is not a garden structure. Rather it should fit the types of structures already listed. . Said that she does not see the need for something that high, while it may be nice when viewed from the Rossi property. However, the architect could probably come up with a more creative solution. . Stated that she would not have approved this deck as it stands and that since a retaining wall issue is not before the Commission, it is not appropriate to consider one. Chair Garakani asked Commissioner Rodgers if she does not believe this qualifies as an unenclosed garden structure. Commissioner Rodgers said no, it does not serve the same or similar function as any of the other listed unenclosed garden structures. Chair Garakani asked if she feels this is a structure. Commissioner Rodgers said she is not sure but she knows it does not qualify as an unenclosed garden structure. While it does not have to be defined specifically as a kitchen, it clearly is not an unenclosed garden structure, as it does not fall within the descriptions in the Code. Commissioner Nagpal: . Agreed with Commissioners Schallop and Rodgers, saying that this is very difficult and that an entire neighborhood is here. . Said that she too has difficulty fitting this structure into the unenclosed garden structure category and reminded that barbecues are not allowed within six feet of the side yard setback. This use is even more intense that a simple barbecue. . Said it is difficult to agree to this structure and use within a side yard setback. Commissioner Rodgers: . Agreed with Commissioner Nagpal. . Added that although the neighbors appear supportive of the Rossis, when looking at this structure from the Christensen property, they are very directly affected. Unfortunately, it appears this matter has put a wedge into this neighborhood that she hopes can be resolved. Commissioner Hunter: . Said that being on the Planning Commission can be a very difficult thing. . Advised that the Commissioners are volunteers with differing professions. She has previously sat on the School Board. . Said that from the Christensen property, this structure can be seen very clearly and it does impact them tremendously. . Advised that mistakes were made. . Suggested Cherry Laurel as a shrub that is rapid to grow. . Said that she hopes all of these neighbors can get along and thanked everyone for coming to the meeting. . Announced that she plans to support the staff recommendation to uphold this appeal by the Christensens. Commissioner Uhl: . Apologized for missing the site visit. . Said that the City has regulations and Codes to avoid these types of situations. . Said that from looking at the Code, he would never have approved this if it were coming before the Commission as a new application. Chair Garakani . Said that both sides are affected. However, the Rossis have had this deck and enjoyed it for a long time. . Said that with the removal of the bamboo, everything suddenly become more visible. . Said that when good vegetation has grown in, the Rossis can come back and re-apply. However, at this point, this structure cannot be allowed. . Stated that if this item were before the Commission prior to being constructed, it would not be approved as it is. This is too much for this area. . Pointed out that even if the wall comes down, the deck will still be there. There will still be a barbecue. . Reminded that a six-foot high wall is allowed at the property line and Mr. Rossi is not required to plant any screening landscaping. . Agreed that the wall does not look too good right now. Commissioner Hunter pointed out that an outdoor fireplace is not a good idea in the Hillside district. Associate Planner Ann Welsh advised that an at-grade fireplace is allowed but that barbecues are not permitted in a side yard setback. Chair Garakani said that he would prefer to have these neighbors work together to come up with a solution. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission upheld an appeal and overturned an administrative decision made by the Community Development Director to approve an outdoor kitchen/wall and deck as an unenclosed accessory structure within six feet of the side property line on the Rossi property located at 14111 Palomino Way, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl None Zutshi None Chair Garakani advised that this action ofthe Commission is final. , . . ITEM 2 REPORT TO THE PLANNING COMMISSION Application No./Location: 04-370/ 14Ill Palomino Way Applicant/Owner: James &: Kathleen Christensen/Ronald Rossi Staff Planner: Ann Welsh, AICP, Associate Planner Date: January 12, 2005 APN: 503-68-13 Department Head: J iL ~ .L- ~ // -N- . ----_._~ 14m Palomino Way 000001 . . ExECUTIVE SUMMARY CASE HISTORY Administrative Decision Appeal Filed Notice published: Mailing completed: Posting completed: ll/24/04 ll/24/04 12/29/04 12/21/04 1/6/05 PROJECT DESCRIPTION This application involves an appeal of an administrative decision to approve the unpermitted construction of an elevated deck with outdoor kitchen within six feet of the side property line of a 45,716 square foot parcel located in the Hillside Residential District. The property owner was issued a stop work order on September 21, 2004 because an outdoor kitchen and deck was being constructed without benefit of permits. On November 24, 2004 the Director made a determination to approve the construction pending receipt of complete plans and ffiing of a building permit. The neighbor was notified of the approval via e-mail and filed an appeal from the administrative decision on November 24, 2004. STAFF RECOMMENDATION Staff finds that the administrative decision was based upon erroneous information and recommends that the Planning Commission support the appeal. A IT ACHMENTS 1. Draft Resolution 2. Stop Work Notice 3. 1993 Building Permit and Site Plan for Exterior Decks 4. 2001 Site Plan for Administrative Review depicting deck configuration 5. Aerial photo of area 6. Photos submitted from neighbor's property 7. Letter from property owner dated November 29, 2004 8. Plans, Exhibit "A' 2 000002 . . STAFF ANALYSIS ZONING: Hillside Residential District GENERAL PIAN DESIGNATION: Hillside Conservation, which permits a maximum density of .5 dwelling units per net acre. Maximum intensity of building and impervious coverage 15,000 square feet or 25% of site area, whichever is less. MEASURE G: Not applicable PARCEL SIZE: 45,716 square feet gross AVERAGE SITE SLOPE: Average slope of lot is 23% GRADING REQUIRED: The deck project did not involve any additional grading. ENVIRONMENTAL DETERMINATION: The proposed project consisting of constructing a deck/outdoor kitchen on an existing single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. The project site is in an urbanized area and is connected to utility and roadway infrastructure. MATERIALS AND COLORS PROPOSED: The deck is wooden with impervious tile surface. The wall, which would face the neighbor's property, would be cement plaster with exterior groupings of stone veneer. 3 000003 . . Hillside Residential Proposal Code Requirements Lot Size 45,716 sq. ft. 87,120 sq. ft. Lot Coverage Maximum Allowable 25% of lot area or 15, 000 House 2,756 sq. ft. sq. ft. whichever is less. Garage 580 sq. t. Dtiveways 3,620 sq. ft. Pool CSt Pool Deck 1,430 sq. ft. Misc. Landings 500 sq. ft. Deck Conversion 500 sq. ft. TOTAL 9,386 sq. ft. n,429 sq. ft. Floor Area Maximum Allowable Main Floor 2,756 sq. ft. Upper Floor 868 sq. ft. Garage 580 sq. ft. TOTAL 4,204 sq. ft. 5,064 sq. ft. Setbacks Minimum Requirement Front 57 ft. 30ft. North Side (deck) 6.6ft. "16 ft. North Side (house) 21 ft. 20ft. South Side (house) 72 ft. 20ft. Rear no ft 50ft. Height Two Story 32.6 ft. - 25.3 ft. Maximum Allowable 26 ft. Section Is-sO.0I0(b) - Above ground decks no part of which is more than 4 feet above finished grade may extend into a required yard not more than 4 feet. Section IS-SO.0I0 (c) - Decks which are not above finished grade may be constructed within any required yard Section IS-SO.030(e) Unenclosed garden structures. Subject to approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains may be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one adclitional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within a required side or rear yard. Section IS-SO.030(g) Barbeques. Permanent barbeques, such as those constructed out of brick or masonry. may be located no closer than six feet from the rear property line and shall not exceed four feet in height. 4 000004 ._~.._-_._~._--------' -_..--.~_..__.'-- -~-,------_._--'----.- . . PROJECT DISCUSSION The applicant has partially constructed without permits a deck with an outdoor kitchen consisting of sink, gas grill, fireplace, pizza oven and icemaket. The outdoor kitchen is elevated on the deck and enclosed with a ptivacy wall, which is at the closest point within 6 feet 6 inches of the property line. The privacy wall accotding to the plans would range from 8 feet at the lowest point to 10 feet at the corner fireplace, with the pizza oven wall having a height of 13 feet as measured from the existing grade. The outdoor kitchen is constructed on a deck, which is supported by a cinder block wall at the outer perimeter of the deck. The height of the deck is shown on the plans as extending to 4 feet above the existing grade. The dimensions of the deck are approximately 40 feet long by 20 feet wide. The deck extends 21 feet from the existing house. The project was constructed without building permits and is curtently under a stop work order. The outdoor kitchen was placed under stop work order in September 2004 when neighbors filed a formal complaint with the building deparnnent about the wall and outdoor kitchen being constructed in close proximity to the property line. At that time the wall was about 4 feet higher than the plans currently depict and a heavy wooden trellis was constructed about two feet above the wall. The owner's were given permission to temove the trellis and a portion of the wall after the stop work order in order to mitigate some of the non-conformity. The property owner met with the Director and indicated thar the deck was existing and had been legally permitted by a previous permit and that the outdoor kitchen was built upon the existing permitted deck. On the basis of this infonnation, the Director made the determination that the deck was a legal non-conforming structure that had been permitted. The decision was that if the height of the wall would be lowered and the trellis removed, the revised plans would be approved as an unenclosed garden structure upon application for a building permit. The Director then informed the neighbors, that the project was approved and that they had a right to appeal the decision. They filed an appeal on November 24, 2004. In researching the background for this report, the files contained one relevant permit. A permit for exterior decks was issued in 1993. The plans for this deck depict dimensions, 24 feet long by 20 feet wide. The deck plans show the deck extending from the existing house 10 feet 10 inches (See Attachment 3). Thus, the 1993 plans depict a deck in the same location as the current deck but the dimensions of the deck that has been constructed are approximately 16 feet longer than the deck petmitted in 1993. The 1993 deck pennit was issued but there was no final inspection on the deck and this permit expired. The Planning and Building files do not have any documentation to support the permitting of the additional 16 feet, which did not appear on the 1993 plans. 5 000005 . . The additional 16 feet of decking which did not show on the 1993 plans, encroach into the side yard in a manner, which is inconsistent with the requirements of the zoning ordinance. On the basis of the files it appears that the deck was extended, at some point in time, approximately 16 feet longer than the 1993 permit permitted. Tbis extension made the deck nonconforming since decks, wbich are not more than four feet above the existing finished grade, may extend no more than four feet into the side yard setback. Tbis research suggests the conclusion that the Administrative Decision was based upon erroneous information supplied by the property owner. In light of this new information staff recommends that the appeal be upheld and that the plans be revised to comply with the zoning regulations. Staff makes the following recommendations: 1. The deck foundation walls were built within the root zone of protected native trees without benefit of the City Arborist's review of the plans. These plans should be submitted to the City Arborist for recommendation on how to mitigate any damage which may have incurred to the I8 inch live oak tree and the 30 inch redwood and the 20 inch redwood wbich are in close proximity to the cinder block wall that was constructed to support the outdoor kitchen. 2. The portion of the deck wbich encroaches more than 4 feet into the side yard should be lowered to finished grade to comply with Section I5-80.0IO (c) of the Zoning Ordinance which allows that decks which are not above finished grade may be constructed in any side yard. 3. The barbeque should be moved out of the side yard setback in accordance with Section 15-80.030 wbich requires that permanent barbeques be located no more than 6 feet from the rear property line and be not more than four feet in height. CONCLUSION In conclusion staff finds that the Administrative Decision was based upon erroneous informarion and recommends that the Planning Commission support the appeal. STAFF RECOMMENDATION Support the appeal by adopting the Resolution for application 04-034. 6 000006 ,u_____._.__ _.~ -~ ---- - - - --------- . . Attachment 1 000007 . . RESOLUTION NO,OS- APPLICA nON NO. 04- 370 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Appeal of Decision Rossi - Christensen 114411 Palomino Way WHEREAS, the City of Saratoga Planning Commission considered an appeal of the Administrative Decision to approve an outdoor walled kitchen and deck as an unenclosed garden structure; and WHEREAS, on January 12, 2005 following a duly noticed and conducted de novo Public Hearing at which all interested parties were given a full opportunity to be heard and to present evidence, the Planning Commission considered all testimony and evidence presented including all materials prepared by city staff, the appellant, the property owner and other interested parties and rendered its decision on the Appeal sought by J ames and Kathleen Christensen for reversal of the decision to approve the proposed outdoor walled kitchen and deck as an enclosed accessory structure; and WHEREAS, California Code of Civil Procedure section 1094.6 Governs any judicial review of this decision, and each applicant and each appellant is hereby notified that if such applicant or appellant intends to seek judicial review, the deadline for any such court action is not later that the 90 day following the date on which this decision became final (this decision shall become final on the date that the Notice of the Decision is mailed to the applicant and the appellant), and; WHEREAS, the Planning Commission determined that the Administrative Decision was based upon erroneous information and the appeal should be upheld. NOW, THEREFORE BE IT RESOLVED, that the appeal filed by James and Kathleen Anderson is GRANTED and the Administrative Decision is overturned with the following conditions: 1. The property owner shall apply for an arborist report and Exhibit" A" should be submitted to the City Arborist for recommendation on how to mitigate any damage which may have occurred to the 18 inch live oak tree and the 30 inch redwood and the 20 inch redwood tree which are in close proximity to the cinder block wall that was constructed to support the outdoor kitchen. 2. The property owner shall comply with the recommendations in the Arborist Report and make any necessary design revisions. 000008 . . 3. The portion of the deck which encroaches more than 4 feet into the side yard should be lowered to comply with Section I5-S0.0l0(c) of the Zoning Ordinance which allows that decks which are not above finished grade may be constructed in any side yard. 4. The barbeque should be moved out of the 20 foot side yard setback in accordance with Section 15-S0.030 which requires that permanent barbeques be located no more than 6 feet from the rear property line and be not more than 4 feet in height. 5. The "optional cut out" which is depicted on Sheet 3 of the plans should be removed from the plans and is prohibited in order to maximize privacy for the neighbors. Section 1. All apphcable requirements of the State, County, City and other Governmental entities must be met. 2 000009 . . PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12th day of] anuaty 2005 by the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission 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 recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 3 00001.0 _________.___ __~ h.. _~.._~ __- -">---~~--~ . . Attachment 2 000011. , r · NOTICE · stop work · VIOLATION · BY ORDER OF THE BUILDING OFFICIAL OF THE CITY of SARATOGA CONTACT THE BUILDING INSPECTION DIVISION ...WITHIN 7" Ur\llo'l flla FURTHER WORK MAY BE DONE ON THIS STRUCTURE WITHOUT CLEARANCE FROM THE BUILDING OFFICIAL OWNER'S NAME LOCATION OF PROPERTY PERMIT (IF EXIS VIOLATION ifill JkoM/A";.;tt . INSPECTOR CITY OF SARATOGA BUILDING INSPECTION DIVISION 13777 FRUITVALE AVE. SARATOGA, CA 95070 (408) 888-1201 ANY UNAUTHORIZED PERSON REMOVING THIS SIGN WILL BE PROSECUTED . Complaint ...: L. Via: Time: &mWate Closed:. 7(~l '070 APN: ,t2CU/5 7 F&CI N t=, MAe:; /1/8 :;.vv1 A I cL L-../ VI N b ! ].' 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'\) ~ (') ~ N Q) ::c m -- E 0 e C) c .- C "C E 0 L.. - 3: Q) ~ :> ,.,- 3 View from spa .f>,. <; (1) :E - a 3 CI) :J - -< :E Q) ~ Q) '< 9 saaJ~ pOOMpaJ aaJ4~ o~ asop -AaUW!4:> a:>eldaJ!J pue lIeM ~saM ~O Ma!^ ap!s co '- _Q)O (/)0- Q) - Q) ~~(/)"'O _ a. 0 0 OQ)-O L.- 0 ~ii= I ~ Q) "'0 >- "0 .- C Q) Q) > ctl C L.- Q)-EQ)(/) :2m:E~Q) CI)~o.c~ -- ,.. ~ ~ .. i . . . 0- l ~ . n o ~ .. o i 0- ~ CC(Q)~1f I 1960The............Sui'.200 SanJ....CA 9H26 .(408)261-42120(408)261- , September 23, 2004 Ii ~ ~ :r ~ n ~ . ~ Jim and Kathy Christensen 14055 Palomino Way Saratoga, CA 95070 Dear Mr. and Mrs. Christensen: I'm forced to write this letter because Kathy felt it necessary to hang up on me when I attempted to talk to her on the phone on Wednesday evening. She mentioned that Jim would be home on Saturday and that he would talk to me. J We have tried to be exemplary neighbors, and I think we've shown our good intentions in every possible way. When you moved into the area, we held a welcoming party for you and had a dinner at our house so you could meet and greet the entire neighborhood. Whenever any property issues came up that might affect you, we consulted you. For instance, when we cut the pine trees down because they were diseased, Dawne asked Kathy what kind of trees you would prefer, because they're more visible to you than to us, When we started the construction on the deck, both Dawne and I asked you what kind of planting you wanted between the deck and your house, because of the fact that we were moving the bamboo, which we found, and I hope you agree, very unsightl,/ and uncontrollable. I'm sure there are other examples, but I remind you of these incidents to point out our willingness to accommodate you in the pa~t and our desire to work out this present situation in a positive way for all of us. We are therefore completely perplexed and dismayed as to why you would be treating us so rudely and inappropriately, given our efforts to be and remain good neighbors. I am disappointed that such a situation has arisen, but I'm writing this letter to see if we can get together and resolve it. We'd like to meet with you this weekend to discuss the deer fence and another issue that has come up, as we were informed yesterday that we need a permit for our deck work. We didn't think we needed one, based on the minimal construction involved, although there may perhaps be an issue with the fireplace, but It turns out that we do. The reason I called was very straightforward and simple. Before I applied for a permit, I wanted to know whether there is anything offensive from your perspective about our deck, and if there is, I will take steps to address any - Jim and Kathy Christensen ... September 23, 2004 Page 2 of 2 1- '- problems or concerns you might have. The fact that you both acted as though we did something terrible leads me to believe that you are bothered either by the deer fence or the deck Issue, and I think as good neighbors, decent human beings, and Christians, we should all sit down and talk about it and get things worked out. If there's something else that we have done or said that has offended you and caused this apparent animosity toward us, I would like to hear about that and see if we can resolve It. We've been Saratoga residents In this home for 2S years. Our children have lived here through childhood, adolescence, and early adulthood. We've never, ever had any problems or issues with any of our neighbors for any reason whatsoever, which Is why we're so concerned. We have tried hard to preserve our home In a country-like setting with nice landscaping, making it environmentally pleasing not only for us but for the neighborhood, as opposed to tearing it down and building a big, ugly house. We've chosen to keep the Saratoga country flavor as opposed to putting up the kind of two- or three-story stucco monstrosities that we see so often around town. We plan to be here a long time, and I'm sure you do as well, so I think, if It's at all possible, we should meet on Saturday morning and discuss what's on your minds. I'm sorry that it's becoml'! necessary to write this letter, but if we can't talk on the phone, what else can I do? As Thomas Jefferson said in 1790, "A good neighbor isa precious thing," and I'm sure all of us would agree that good relations with our n~ighbors are worth preserving. Very truly yours, RONALD R. ROSSI > ... # " i . : 0- " !. r . n 0 1 '0 0 1 ~ 0- " (C(QrPlf '960 The Alameda, Sui,. 200 SOU}....CA 95126 '(408) 26142'2 F(oIOll) 261 November 29, 2004 .-. . ~ 1 :r 1 " ~ . .. Jim and Kathy Christensen 14055 Palomino Way Saratoga, CA 95070 Dear Jim and Kathy: I was hopeful that we were on the right track when Jim and I met on Saturday, November 20, to discuss our addition. Things seemed cordial, and it looked as though we were on our way to resolve the situation. ) On Wednesday, November 24, I called both of you twice in the early evening and tried to discuss the situation. In both calls, neither of you would allow me the courtesy to finish what I was saying; each of you hung up on me after making a rather angry remark. Both of you had hung up on me twice before, but I assumed after our seemingly cordial meeting on Saturday that that would not occur again. Obviously, I was mistaken, As I understand it, Jim called Dawne on Tuesday, November 23, and told her that he believe I knew at our meeting on Saturday the 20th that the planners had preliminarily rejected our idea and proposal and that I :Jctually knew that on Friaay, November 19. Therefore, he contended, and told Dawne, that I was trying to mislead both of you when we met in my backyard to go ever the plans that we have now engaged an architect to draw, which significantly modified the work as it now exists, Of course, nothing could be further from the truth, and I think if you verify it, you will find that our architect did not even know about the preliminary decision from the City until Monday of last week, the 22nd, and I had no idea when we met on Saturday. The minute I found out on Monday, I called you, and you called back on Tuesday but told us not to return the call if I got home after 9:00 p.m, As you know, I am studying for my Master's in history at San Jose State and get home on Tuesdays about 9:30 p,m., and therefore I called you back on Wednesday evening. In that discussion, it was quite evident that you contend that we were trying to pull the wool over your eyes and the City's eyes with regard to getting a permit. Again, nothing could be further from the truth. As I told you, if I were really. . trying to fool somebody, either you or the City of Saratoga, why would I do it at the same time I'm building a family room with a permit, knowing that inspectors are coming and going periodically to inspect the site? That would be a pretty dumb move on my part if I were trying to fool anybody, and it should be pretty good '. . ~ . ~ Jim and Kathy Christensen November 29, 2004 Page 2 of 2 ) evidence for you or anyone else that we really didn't think we needed a permit. In fact, we obtained a permit from the city for the family room on June 1, 2004 (Permit #04 00000 735). The backyard addition was not stopped by the City until September 21, 2004. In any event, the fact that you will now not agree to anything; the fact that you insist that the landscaping is not sufficient (even though I've put In mature redwoods and maples at a cost exceeding $8,000.00) because the trees might take a year to grow and completely screen the project; and the fact that you contend that since we're not going to be on the deck all the time, you'd rather look at the deck than at a screening wall, even though it will be planted, is disconcerting. As I have repeatedly told you, if you had come to me during any phase of construction, I would have immediately tried to work something. You chose instead to go to the City. When I met with both of you earlier, you said the reason you went to the City and didn't call me Is that you didn't know my phone number, As I said at that time, my phone number is and always has been listed, and, furthermore, we are next- door neighbors. } In any event, how are neighbors supposed to communicate and resolve issues and potential disputes if one neighbor hangs up on the other, as both of you did in both my calls to you? Again, I find this distressing, and I believe it creates a situation where it's impossible to resolve this dispute. Frankly, I think the best thing would be for us to go to some sort of mediation to see if we can work this out. We Intend to live here for a long time. We've lived here for over 25 years, and we've never once had a problem with a neighbor. This neighborhood stuck together during the 1989 earthquake and every lither issue that's come up, and I want that to continue. Therefore, I'm willing to go to a mediation with a retired judge or someone else qualified to mediate this kinJ of dispute to see if we can get back on the right foot. However, we can't do that if you continue to hang up on us and refuse to even discuss the issue. You have consistently said that whatever the City allows, you'll live with, but you won't explain what it Is you're willing to live with. You've said that as long as the City allows it and it doesn't Involve a variance, you'll live with it, but then you keep saying things to the contrary. As I mentioned to you in our phone conversation, the City could allow a lot of different uses for that area. Quite by accident, we followed the City's guidelines completely for this type of construction, including the landscaping buffer, asking you repeatedly about colors and materials. You say that you didn't know a wall was going up, and frankly I wish I had been clearer In the begirming, letting you know exactly what we were doing. That would have been the smart thing for me to do. But I have left you at least four voicemail messages asking what color you wanted, what kind of stone you wanted, what kind of landscaping you wanted, etc. It would have been very easy for you to say that you didn't want anything or say what you've said consistently - that you'll live with whatever the City allows - which, again, to me, is --.-"..-.-- ",,__'_'~~'._-"-_._-- .,---,-,,----'-~- ,,- . .... Jtm and Kathy Christensen November 29,2004 Page 3 of 3 ') disingenuous, not very neighborly, and seems to be motivated by spite, ill-will, and anger because you are convinced we tried to pull something on you. As I tried to say in my second conversation with Kathy, we never intended to fool anybody or pull the wool over anybody's eyes. That's not the way I live my life, and anyone who knows anything about me will tell you that. . ) In any event, I guess we'll leave it up to you as to whether you want to resolve the anger and hostility issues. I guess we'll have to leave it that you will abide by whatever the City decides. However, as I've told you repeatedly, as far as any design issues (color, landscaping, size, height, etc.), I am more than willing to work with you, but I have to do it with the understanding that you'll be civil and reasonable, that you will not be so angry that you hang up on me, and that you will try and listen to and work with us as neighbors in the world that we all live in, instead of just demanding that everything be done your way. Life is too short to get into these kinds of disputes, They're distressing, they always escalate, and they always get expensive, and I'm already into this thing for quite a bit of money. I want to try and keep this situation from escalating at this point, and I'm in good faith in doing so. I just hope that both of you can reconsider your position and be willing to work with us in the way that the law and humanity dictate that people should, Jim and Kathy, I want to say again that you know that Dawne and I have gone to great lengths to try to landscape the buffer between our properties and landscape our own property by adding a significant number of trees. We've planted over 20 redwood trees and at least 15 oak t;-ees, along with other landscaping. The fact that there was a buffer between our backyard and your side yard of a huge forest of bamboo obviously made it impossible for you to see what had iJeen there all along. As I've told you, nothing really changed. The deck was there and the corbels were there - admittedly smaller, with a large planter box - but, frankly, because of the bamboo, you could not see anything. We all know, as I have told you repeatedly, that the bamboo was eventually going to affect the redwood and oak trees, and we thought it best for everyone's sake to remove the bamboo and plant native trees as opposed to putting in a plant that is not indigenous to Saratoga and would ultimately grow in a helter-skelter fashion and cause considerable problems between our two houses. Very truly yours, RONALD R. ROSSI > ... " o - . . . o' ~ !. ... ~ 1960 The Alameda, Suite 200 San Jose, CA 95126 p (408) 261-4252 F (408) 261-4292 ~ ~ I ~ ~ g ~ ~ January 6, 2005 ;. 0' ., ~ ~ ~ . ~ , Ann Welsh Associate Planner, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: 14111 Palomino Way Dear Ann: Enclosed are packets for each of the Commissioners and three packets for the Planning Staff. This letter is also included in the packets. As you know, we talked shortly before Christmas, and you asked if we could move the hearing up to January 12th. I agreed, but they did ask, and we did discuss, that I would receive a copy of your preliminary report. You were working on it at the time and said you would get it to me shortly. I returned home on January 3rd and called you numerous times, but I haven't received a call back as of this morning while writing this letter. I know that you and the staff are extremely busy, especially after Jim Sullivan's departure, but I assumed that we would be given treatment equal to that received by the Christensens, I found out yesterday that you actually met with the Christensens for some time, I have to assume that they will have had input in regard to your draft report, and I further assume that we will be receiving no input whatsoever in that regard, which is distressing. As I outlined in my most recent letter to Mr, Christensen, we are longtime Saratoga citizens and have worked hard to be good neighbors. We vote, we pay our taxes, we keep up our property for our and our neighbors' benefit, and I believe we're entitled to equal treatment from you in this matter. The handout that the Christensens distributed (a copy of which is enclosed) is, I think you will agree, replete with false statements and is entirely misleading, particularly as it contains a photograph of the structure before it was reduced in size by half, I'm sorry about this whole mess, as I told you in my voicemail messages, I had hoped that we could work it out at mediation, but we couldn't, and I regret that, We have tried our darnedest, as you know. ,-.' ".._--_.-'~ ,,--.--.-..----,., .,-,--~~~--"-,,,~_.,,-~--"---'-'--' .'_.,'---~'-' " Ann Welsh r January 6, 2005 Page 2 of 2 Please give me a call, and please arrange a meeting with us so that we can discuss your report. I would appreciate it if you would have these packets distributed to the Planning Commission members and staff. RRR:mme Encl. s: \CL \R\R05002\Corresp\ Welsh i.doc . , .' Just Say No! After rejection by the planning staff for this un-permitted, walled structure, the planning commission will consider a precedent-setting decision allowing this structure to be completed. This decision would impact the use of land within the side-yard setback as stated in the Saratoga municipal code for all residential properties. The above structure is approximately 6' from the property line and is viewable from every living and recreation area of the adjacent neighbor at 14055 Palomino Way, Saratoga. If approved, this could impact your property and its value as well as your rights to privacy! Please inform the Saratoga planning staff and Planning Commission that you are opposed to approving structures of this type within your existing side-yard setbacks. To: Saratoga Planning Commission and Planning Staff: I vehemently oppose the use of the side-yard setback for the construction of walled structures of this type. Signed Printed name address date Questions, please contact Jim or Kathy Christensen 408-868-9487 or the planning staff at 408-868-1222. You may e-mail planning at Awelsh@saratoga.ca.us. " , . ~ .. " o ~ . . . o' . !. ~~[PV , ROSSI HAMERSLOUGH REISCHL CHUCK January 4, 2005 . . ~ ; ". " n ~ .. ~ 1960 The- ^lam~a. Suite 200 San Jose, CA 95126 p(408) 261-4252 F (408) 261..4......') VIA FACSIMILE 8r. U.S. MAIL Jim Christensen Cadence Design 2655 Seely Avenue San Jose, CA 95134 Dear Jim: I was truly disappointed that we could not resolve our differences at the mediation last night with Tiger Teerlink of Alain Pinel. I was hopeful in that you chose him to be the mediator and that you would have confidence in his opinions and common sense. I felt that we were close to a resolution when, due to your sudden headache, you both had to leave, and it's too bad that that opportunity was lost. We intend to compensate Mr. Teerlink for one-half of his time at his normal hourly rate to mediate this matter. He didn't ask for it, and there's no legal obligation to pay him, but I feel morally compelled to compensate him for his time. We all know how difficult it is to live and work in this valley. By copy of this letter to him, I am asking him for an estimate of his time involved in this project for us. I'm assuming his rate is in the $300jhour range, which is typical for mediations. I think we made both of you a very, very generous offer last night. To reiterate, we agreed to fully landscape by buying, planting, and maintaining large trees, shrubs, and other plants between our two properties for the entire length between the properties of 240 feet (approximately 1000 square feet). The shrubbery screen would be of such a nature that it would be virtually impossible for you to see the deck (whether or not there's a wall) the garbage area, or anything else on our house. It would be similar to the screening that was previously there provided by the bamboo, which, as we have exhaustively discussed, had to be torn out because of its invasive, damaging, non-native nature even though it was a great screening device between the properties. It will cost us many thousands of dollars to achieve the complete screening process with mature shrubs and trees, sprinkler systems, etc. It would be entirely on our property, and, as we discussed, we would grant you a landscape easement that would be maintained and paid for by us and would not be used for any other purposes. , , Jim Christensen January 4, 2005 Page 2 of 2 I am therefore faxing this letter to your office for a couple of reasons, One, you mentioned last night that you were leaving on a trip soon, and, two, I did not want to further exacerbate the situation with Kathy. She appeared very, very agitated and somewhat illogical in the points she raised during mediation, and frankly I got the impression that she may now be at the point where she "has to win at all costs" and is not thinking as rationally and in as neighborly a manner as she otherwise probably does. As Dawne explained to you both last night, we have intentionally not utilized the portion of property between the existing hedges and trees and the boundary line, We have approximately 5-6 feet between the existing shrubbery and the property line that we could have used, and can use, to store garbage cans, gardening equipment (such as lawn mowers, leaf-blowers, rototillers, etc,), and gardening supplies (peat moss, dirt, stakes, pots, planting mixes, planting materials, etc,). Essentially, this is our backyard, and we certainly could use it right up to the property line. We have chosen not to. Dawneexplained, I think very eloquently, why she has not used that area in deference to you and your property and to make things look nice, not for us, but for you, She has done this since 1978 when we moved in, even with the prior owners of your house, You articulated four major objections to the height of the wall: (1) you didn't want us to use this area because of smells; (2) you didn't want us to use this area because of sound; (3) the wall would be too big and would look unsightly from your side; and (4) the wall would diminish fair market value of your property. As we discussed through the evening yesterday, it's pretty apparent, and you conceded, that there has never been a problem with sounds or smells from that area. You assumed that I had not used the barbecue in that area; you assumed that I had used myoid barbecue down by the swimming pool. Nothing could be further from the truth. A cursory review will show that the oak trees down by the pool have grown over the place where the existing barbecue was, and, frankly, I didn't want to tear the oak tree out, so we let it grow and took out the barbecue. We have not used it, therefore, for at least three or four years. Instead, we have used a portable Traeger wood-pellet-burning barbecue right where the deck is now for the last few years. As you admitted in front of us and Mr. Teerlink, there have been no problems with either sounds or smells. You also opined that the deck would be unsightly. We advised you and have consistently advised you, as articulated in the earlier letters I sent you (copies attached) and in the letter you sent to us in response, that we would use any type of material and/or color on your side of the wall. In other words, if you said you didn't want stucco, we'd put in fireproof cedar shingles; if you wanted some other color or material, we'd gladly oblige. We also discussed the fact that if the mature screening and landscaping was put in place as outlined above, you would not even see the deck, and, of course, it would further protect the privacy of both our houses, as the screening would be higher than any wall that was constructed, . Jim Christensen January 4, 2005 Page 3 of 3 whether it was five feet, 10 feet, or 15 feet. The bamboo was that high and served as a very effective screening device. Therefore, I find it somewhat illogical when you say you have these concerns - noise, smell, unsightliness, and value diminishment - when they can all be eliminated easily by the screening landscaping that we've offered to install. As for the value issue, Mr. Teerlink told us that he did not think a wall adequately screened would devalue your property whatsoever. I have consultants who will testify before the Planning Commission on that issue, Apparently, you've gone to the time and trouble of hiring an MAl appraiser; I will be happy to meet with him and examine his basis for any statement that a wall in that location would diminish the value of your property in any way when it is 100% screened with a recorded landscape easement. However, screening will solve both of our problems, and although you didn't ask us to pay for the work, we volunteered to do so. We did this, again, in the spirit of trying to get this resolved. We don't want a neighborhood dispute; we don't want to burden the Planning Commission, the City, and everyone else with this problem. As I mentioned, we've been advised by our architect that if for any reason the Planning Commission does not allow our existing structure as revised by Park Miller's plans, we can place a four- to five-foot retaining wall on the lower end of the deck, grade up to the existing grade with fill, and place on top of that a patio cover of stone or some other material. The ordinances would allow even a higher wall than is presently planned, We could do that without damaging any foliage, trees, or anything else, and perhaps that's a better remedy, as I think any logical, unbiased person would agree that it would be better for both of us to have a higher wall in that location. I hope you both have a change of heart and are willing to work with us in this endeavor, In any event, if I do not hear from you by close of business on Friday, I will assume that you are rejecting our offer to landscape as outlined above. Of course, if the offer is accepted, I would expect you to drop the appeal, and we would draw up legally binding documents to enforce the obligations set forth above, Very truly yours, RONALD R. ROSSI RRR:mme Encl. cc: Tiger Teerlink (wi enclosures) s: \CL \R \ROS002\Corresp\NeighborsS .doc , I ... JlIIDCS ad K,tJ.I....... CbJist,enSCIl 14055 PalomiDO Way SarlIlog8. CA 95070 November 30, 2004 Ronald R- Rossi Rossi, Hal"'mfll'$lougb, Reiscb1 and Chuck 1960 The Alameda. Suite 200 San Jose, CA 95126 408-261-4252 408-261-4292-fax Dear Mr. Rossi: This letter is in respoD5C to your letter dated November 29, 2004. FroIIl our first diseussion the primarY concem we listed was that of property rights. As you have mentioned several times, the biggest issue with these twO lotS is that the homes were coJl5trUcted toO close to the mutual propertY line. Your new walled struCture intensifies the problcm disproportionately. We don't understand wily you chose that location. The following teXt attemPtS to address the co-mmcnM in the order of your letter. When Jim met with you on November 20, 2004 to discuss your walled outside kitchen addition. he kept an open miDd and 1isteDcd to your proposal to remove the corbel stNC1UJ'e and reduce the size of the fireplace chimney. He did not make any ~ons or a~Cl1ts a1 that time until discussins the stnICtUle "l..",vs with Kathy, and again viewing the ,aucture from our propertY. Much consideration was given. Nonetheless, because of the strUcture walls, privacy impact, diminution of our plopert:v value and enjoyment of propertY; we continue to oppose the site plal:clneDt. beight, mass and lighting of the stJ;1ICtUIC. . On Wednesday, November 24'" when. you called and spoke with Jim he discussed the issue with you until you insulted him and told him "to get smart", and only eared to discuss lanclseaping concCSSiODS and how mueh we have cost you. Jim then said it was better that the conversation terminllle. You eallod baclc and spoke with Kathy, as Iun was not ready to resume the conversation. With Kathy, you bcpn by saying again that the building permit for the struCture wall as oversight. She be1icyed by your m.nn.... that you WOJe trying to intimidate when you brought up what you do for a living. Kathy has an "",beme problem acGCpting the oversight, knowing that for a living your profession and specialty regularly deals with boildin& permits and other things of this nature. She told you that she is very aware of what you do for a living. Is this the insult? 'Ibis eall was simply a rehash of every other conversation with Kathy about the permit process. Kathy went to the city because as the stnJCture progressed (deck extended) and the walls were er.ected, we relilizcd that it W1IS certainly not flS DawnCl bad said, "all extenSion of _ 9~ _. , '-. Mr. Ronald Rossi Pagc20f3 your deck". Kathy learned no peaDit bid been issued. as DaWDC said you were obWning. when she asked to see the plans. Kathy did DOt file a furmal colDpWDt until after two weeks later when no investigation WIS _ri..&etorily made. We make 110 apology Cor operating in this fashion. In fact. we firmly believe that it wu your responsibility to approach us with your plans if you wanted \IS to be involved as well as it wu our respoll5ibility to protect our property. Our concern of your )mowledge regarding the permit process is really not the issue. On Tuesday evening November 23, Jim did DOt tell 0lIWIIC that on the previous Samrday you knew of the plannerS' preliminary rejcc:tion of your plans. run did toll ber that on that momma. the planner at the city, informed him oftbc rejection. At the same time, the plaDner said that Park Miller relayed that "the neighbors" did not have issue with the project! He told Dawnc that be continued to inform the city of our strong opposition to your strueturc, We were DOt able to rcspol1ll to your call on MoDday, the 22rod umil Tuesday, November 23n1 due to the fact that we were out that evemng as our <!"1ghte\' let you know. However, the next eveniJlg when run reali7M he again would be rcroming late, be called from work. unaware of your pursuit for a masterS degree. Selecting land..,.ape and paint color for the smcco wall when we fiwtl..mentally disapee with the placem/'JD.t of the structure is irrelevant. We wanted to make sure thlll this could not be misconstrued as our acccpllIDCC oftbis project. We continue to believe that landscapina is not sufficient to proteCt our privaey from your raised dccIc. We believe that the ~cssory walled strUCture does in no way represem a strUcture as described in the unenclosed garden, orn..mfmml, and decorative struCtUICS such as gazebos, latticework. arbors, and fountains. We do not feel it is appropriate to respol1ll to questions regarding l....t1""'Ping and wall color when we believe that tba city guid..l1nes, as interpreted by most, would not allow the wall at all in its current placement. We said that we would live with wbat city planning (DOt tba community development director' s override) believes to be appropriate as we had read the zollini ordin..n.,.. and discussed it with them at different points in time. As you promised on September 24, om:e you had hired an lItChiteCt be would schedule time with us to discuss options. We did not feel it was appropriate for us to tell you what the city zoning ordinance spelled out. On the same day we told you thlIl once the city and the arebi1:l:Ct bad agreed what type of struaure would be allowed per the zoning, then we would be happy to meet with you and the architect to discuss design options. . Kathy will admit to being very angry about property rights issues. as wen as having to view the swcture from our property's everY living space and recreldiOD area. We believe you would be angry if you bad to do the same. We believe the fact that you have pllll1ted over 20 redwood uees and at least 15 oak trees over the period which you have owned the property is irrelevant. They do DOt affect our 2 ~. ~;.~'y,.. --' '. '-'I .; ) .... "_,~,,, . .,l:,.l~.l..' .. -...:/. ., ,.. ',.,..,- , :,. ,. ........ ..;,........ ~-,~ .... " :. . ~'. ,. .:..~~.....~ :..;.' 'tf"; ',- .. -:...; . . - Yr. lw'd.- PIp 3 on proplltYVllua. w. JlRUDll tlle tbur,....,-Al1 plaDllll- tbe WID 1ItruCbId-- be a ter::lkx\ oCtile Sl,lIOO JUl1.A'" If It wu jDIt . mati<< ct. oodlcIlU\IlllIft, lUob a JOlIItaw 011 olbcr pIG! ofJOlll' ~.It wCIlIId Dell_ .. ... AI JOll'" ClIl ~taDber 24. thiI... ptIViaaIly bid. ..u mdlIllltOb IIIll plaSm. l!Ida of... Mdclll ill dII ~'-1Ili ..- lItrUChN -.,"i.- .. da-...... 'Wbl1,1IJDwiq 1JIIInl.1IIIl... W. did IIlIt appol8 the telJIOVIl GlftIID hmllOO b ec IlIltit .... OD your ~ allolI qrMd 1bIt 1_ limit". w, do lICIt bIIWYe 6at"aa. IfIIIl ~...opIi1la butIIr IYIIl if till stn1dID Mn I1Iowe4. ItJOl1'" vi.. tht aruoture &om our propertY )'01 wiD DlId tIlIt tbey ill DO way b91l to ~ die...... IIIIIl 'IUIlI not ill tbe DIll' blInl. w. haw tiled ID lIplMIl to the p'-l.. CoauIliIIioD. A/iIJI JllU file J..... tIIi.11ttII' if you beli... thIt 101IIO JeIOJudon 0ClIIIcJ be ..-ad .. wiIIIIII to ...." it 'WithoaliDslllJinl III or juIt dilcuell"l \aadloapiJII. wen oolor. or ClDItI )'IN bave ~ tbca we - mab 1iIIIe awilabla. W. do _ Wi-" WI haw __ ., 01111I probIlIlI\I, IlOr ItI . _ fII\lOIISlble1br lIlY of1be1llOMY IIqlClIded u yoa haYe ltequendJ told w, . 'l'bI_ t\:NCIIll'fl-ip wNdI eHlI.... the ccdeJ ~ aad kMeI:S JOIIl' r.bI......, it ute&! In die r18JII dIncIloa. ItIlOt ...:-1 by - ally, WI haw. opdaa. oFlcm I.. .. dIdt below pc, which would ill eII'Icl ~ 1III1VIlI to die IIeIibI of 0llI' &aDe. AI. tbiJ ItclaJtt, JuII!I....'Pi. CIII be ~ It you wout41ib to dlKUII tit optlGD,.. caD do 10. Bowevw. _ _ DIJt ~ II1ld beliew opIIoDI would belt Iddrenod by- U'Cblt8ct aDd cicy pIaNtlllS Siactnly. ~.~~~ ~Jim 11IIII. KItby CbriItenMD 3 SARATOGA CITY COUNCIL 5 MEETING DATE: March 2, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~J C/ PREPARED BY: Lorie Tinfow. Asst. City M!!r. DEPT HEAD~ * SUBJECT: EI Quito North Neighborhood Traffic Management Program (NTMP) RECOMMENDED ACTION(S): Accept the EI Quito North traffic calming plan and adopt the attached resolution for $9,000 for signs, paint, reflectors and other traffic calming devices. DISCUSSION: The City of Saratoga established a Neighborhood Traffic Management Program (NTMP) in 2001. The program was updated in 2004 and a copy is attached as Exhibit A. The neighborhood roughly bounded by Cox, Saratoga Avenue and Quito Road initiated the NTMP process some time ago and the study area is referred to as EI Quito North. Their progress was delayed until the EI Quito South NTMP was completed and the NTMP process updated. In spring 2004, all petitions from the study area were submitted and Phase I of the process began. Traffic data was collected and shared with the neighborhood (see Exhibit B), and a number of informational meetings were held. On September 9, 2004, the Public Safety Commission (PSC) considered whether or not to allow the neighborhood to proceed into Phase II. Information that the Public Safety Commission considered in decision-making follows: . Using current traffic planning thresholds, the area does not have inordinately high volumes on most streets. The segments of Bucknall and Paseo Presada serve volumes that are higher than desirable on streets with front-on housing, but these volumes are not unexpected since these streets serve as collectors for the neighborhood. . Similarly, the 85'h percentile speeds on most streets are within generally accepted levels for similar neighborhoods. A number of vehicles traveled faster than 30 mph with a few over 40 mph. Critical speeds on segments of Bucknall, Paseo Presada and Paseo Cerro were recorded at above 31 mph, which is the threshold typically used to identify a speeding problem on a local residential street. . The NTMP also takes into account "neighborhood livability" and residents' comments could be characterized as reporting "poor livability". The meeting notes (Exhibit C) report a number of safety issues. In addition, a significant traffic factor is the number and location of schools in their neighborhood. The area has no sidewalks so pedestrians, including children walking or riding to school, must share the road with cars. . Some "Phase II" actions had already been attempted. A radar trailer was used previously to help educate drivers about their travel speeds. Residents also report observing Sheriffs deputies patrol the area on a regular basis. The PSC approved Phase II efforts and agreed to include exploring "Category I Driver Awareness Improvements" in Phase III (described in the NTMP document). Although mixing Phase II and III provisions is not the prescribed process, staff believed that since many of the safety concerns could be addressed by better signage and new pavement paint, and because some Phase II measures have been tried previously with no long term improvement, this mixture of Phase II and III components will yield the best results. The "Category I Driver Awareness Improvements" are the only infrastructure changes included in Phase III that staff recommended be considered at that time. Since September, the street representatives have been working to build consensus and collect the required signatures for the traffic calming measures shown on the attached map. For any modifications to be made to a particular street, at least 50% + 1 of the households must sign a petition expressing support. The street representatives worked very hard to meet the required levels of support and the percentage of residents who support the plan by street follow: . Paseo Tierra 59% . Paseo Pueblo 79% . Paseo Cerro 69% . Paseo Flores 78% . Paseo Olivos 64% . Bucknall 69% . Paseo Presada 80% In addition, residents of any property directly affected by the plan elements (for example, those properties where a sign is to be placed) must also agree by signing a petition giving permission for the device to be installed. All elements of the attached plan have been approved using these standards. No traffic calming devices are shown for Cox A venue because the collected signatures did not meet the majority requirement. The EI Quito North plan was presented to the Public Safety Commission on January 13, 2005, and after confirming a few additional signatures, is now ready for Council consideration. The Final EI Quito North traffic calming plan is included as Exhibit D. FISCAL IMPACTS: NTMP funds are budgeted in the Public Safety Traffic Engineering budget as part of the five- year Capital Improvement Program budget. Each year $50,000 is allocated for traffic calming measures. Over the past four years, only one NTMP has been completed at a cost of roughly $60,000-approximately $140,000 remains available. Public Works estimated total costs not to exceed $9,000 for the following: . I new guide sign at the 3-way intersection of Pas eo Presada and Bucknall . 6 Break away signs (see Exhibit E) . 9 Reflector medians with chatter bars (see Exhibit E) . I improved crosswalk (with one of the break away signs) . 3 areas with reflector and stripe installed on curve . 3 areas where the white divider line is repainted . 6 "No Truck" signs . 3 curbs painted red to prohibit parking . "Bots dots" installed across Quito to help direct traffic . I "watch for pedestrians" sign . I "reduced speed ahead" sign Total funds requested for all plan elements will not to exceed $9,000. FOLLOW UP ACTION(S): The cost of the requested and recommended measures totals more than $5000, so City Council must approve the plan. If approved, Public Works will implement the installation of the signs, paint, reflector medians, and other traffic calming measures shown on the plan. The parking prohibitions require further Council action and staff will bring back the appropriate reports if approved. Staff will confirm with neighbors the exact placement of signs consistent with resident approval before proceeding with installation. Staff will collect traffic data in the area again approximately six months after installation ofthe devices to measure change and report to the neighborhood and Public Safety Commission. ADVERTISING, NOTICING AND PUBLIC CONTACT: The residents ofEl Quito North were notified via US mail that this report would appear on this agenda. ATTACHMENTS: . Exhibit A: . Exhibit B: . Exhibit C: . Exhibit D: . Exhibit E: . Exhibit F: Copy of the Neighborhood Traffic Management Program document Copy of traffic data report prepared by F ehr & Peers Copy of meeting notes Final El Quito North traffic calming plan Photographs of break-away sign, reflector median and typical signage Resolution to appropriate funds .. EX+H Bll A NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) i-- I I .00-----.)1- , , I \ ~ l ',,- ------.-------.--.----....;-.-..-- City of Saratoga tj<~ ~. .. Cl " <' .... "" "4""" Approved January 2004 ACKNOWLEDGEMENTS PUBLIC SAFETY COMMISSION SOHRAB RASHID FEHR & PEERS INTER-AGENCY SUPPORT City of Mountain View TABLE OF CONTENTS SECTION PAGE PREFACE ...............................................................................................................................4 BACKGROUND .....................................................................................,.........................,....4 INTRODUCTION ..................................................................................................................4 GOALS OF THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM........ ....6 THE NTMP PROCESS ..........................................................................................................7 Phase I: Collect Signatures and Traffic Data.............................................................8 Phase II: Education and Enforcement Measures .......................................................9 Phase III: Traffic Calming Measures.......................................................................10 APPENDIX A: PHASE I SAMPLE PETITION .............................................................. A-I APPENDIX B: PHASE III SAMPLE PETITION.............................................................B-1 APPENDIX C: TRAFFIC CALMING TOOL KIT ..........................................................C-l Radar-Speed Trailer - Category 1 ..........................................................................C-2 Striping and Pavement Markings - Category l......................................................C-3 Speed and Warning Signs - Category 1 .................................................................C-4 Rumble Strips - Category 1....................................................................................C-5 Curbside Trees - Category I...................................................................................C-6 Undulations (Speed Humps) - Category 2 .............................................................C-8 Traffic Circles - Category 2 .................................................................................C-IO Curb Bulbs (Chokers) - Category 2......................................................................C-12 Pedestrian Islands - Category 2............................................................................C-l4 Diverters - Category 3 ..........................................................................................C-l6 Semi-Diverters - Category 3 ................................................................................C-18 Half-Street Closures - Category 3 .......................................................................C-20 Cul-de-Sacs - Category 3 .....................................................................................C-22 Stop Signs - Traffic Control Device.....................................................................C-24 Traffic Signals - Traffic Control Device ..............................................................C-26 Glossary.. ..................... .......... .......... ..... ...... ................ .......................... ..,....,.... ... .C-27 Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page 3 PREFACE . We all must share our streets with our neighbors and other people. Just as we need to drive by other people's houses on their streets on our way to work, school or shopping, other people need to use our street, It is the City of Saratoga's policy to make residential streets as quiet and safe as possible, while still providing access for people and jobs. The traffic control measures in this booklet are designed to slow down traffic and discourage through traffic on residential streets, while keeping our neighborhoods accessible to police, fire, ambulance services and the residents of Saratoga. Some of the controls are appropriate only on local streets. Many of the controls shown here, however, don't work well on arterial or certain collector streets, where through traffic volumes and speeds are higher in order to adequately serve citywide traffic demand We encourage you to go through this booklet and leam about the neighborhood traffic management program process and the tools that are available to help slow down and/or reduce traffic on residential streets. You can also do your part to help solve neighborhood traffic problems by driving carefully and at reasonable speeds on our streets. Please call the City Manager's Office at (408) 868-1216 if you have any questions. BACKGROUND . Traffic calming began in Europe around 1970 as a non-traditional way to reduce traffic speeds and problems on residential streets. Today around the world, and throughout the United States, traffic calming techniques are still being tested, and approaches to neighborhood traffic management vary. Some communities simply lower the speed limits or install stop signs in areas with speeding problems. Engineering professionals do not typically recommend these approaches because they often result in driver disregard for speed limits and stop signs and make the problems worse. Other communities, such as the Cities of Redwood City, Mountain View, Cupertino, Menlo Park and Town ofDanville, employ a comprehensive and systematic Neighborhood Traffic Management Program (NTMP) to address all types of neighborhood traffic issues. The adoption of the Saratoga NTMP moves the City of Saratoga into the group of cities that are committed to proactively and effectively addressing the circulation and safety needs of its residents, INTRODUCTION Character of Neighborhood Traffic Controls . Neighborhood traffic controls are installed to enhance traffic and pedestrian safety, and preserve neighborhood character and livability. Each device used to influence traffic activity has its own characteristic effects on traffic flow; similar devices can be more or less effective depending on particular site details. Primary effects produced by these controls fall into the broad categories of Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page 4 . . . speed reduction, traffic volume reduction and increased driver awareness, all of which contribute to increased safety. Success depends on matching a particular control device to the locations and situations for which they are most effective. When appropriately implemented, controls tend to be self-enforcing and the intended effect on traffic is achieved. When implemented inappropriately, they tend to be excessively violated unless aggressive enforcement efforts are made. With limited enforcement resources, enforcement at anyone specific site can only be performed on a temporary basis. Most of these controls are intended for use on neighborhood streets that are not designated in the General Plan as arterials for circulation purposes or collectors that are identified as primary emergency response routes (hereinafter referred to as major collectors), While some of these measures are also used on arterial and major collector streets, most are not appropriate for such use. Purpose of this Document This document is intended to clearly describe both the process that neighborhoods are required to follow and the types of traffic calming devices available. Further the document sets forth the conditions that must exist before any measure is considered for implementation-including specific factors which may favor or disfavor use of a given measure at a particular location or for a certain purpose. A frequent subject of community concern on local residential streets (and on busier arterials and collectors with fronting residential land uses where the controls presented in this document may not be appropriate) is excessive traffic speed. An appropriate precedent to the physical deterrents presented in this document is speed enforcement by the Sheriff's Office. The drawings, photos, and sketches in this document are for purposes of illustrating the concepts involved; they do not constitute engineering design recommended for any specific location in Saratoga. The City Traffic Engineer will determine the design and oversee the implementation of any application. Saratoga and other communities are always looking for better measures for controlling traffic on residential streets. Not all measures used in other communities are included as some are in experimental stages and some are overly restrictive, Any such measures, which prove to be appropriate and effective for use in residential street settings, may be considered for use in the future. Those illustrated in this document are a range of controls currently considered appropriate for use in the City of Saratoga, Related Criteria and Policies There are several related criteria and policies of the City of Saratoga and the State ofCalifomia that provide a framework for the design, implementation, operation, and enforcement of traffic controls, These criteria and policies need to be considered when planning and developing neighborhood traffic control installations. Among these are the following: Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page 5 tit . Prioritization methodology - the City follows a first-come-first-served policy except where safety concerns, as demonstrated by reported collisions, may increase the priority of a given project. . Limited Staff and Financial Resources - the City's budgetary constraints in terms of both staff time and funding for physical improvements will be a factor in how quickly a particular neighborhood can participate in the NTMP as well as implementation for any physical changes. . Street development and operation standards - the City's street improvement and operational standards will affect the design and installation of individual measureS. . Traffic Manual (Caltrans) - the design and usage of all traffic control measures within the State of California are affected by the roadway development and roadway operation practices contained in this manual. Deviations from these practices are unusual and must recognize the potential for problems arising from driver confusion produced by non- standard devices or installations. . Enforcement programs and resources - the City's traffic law enforcement programs and resources will affect the success of some installations that may need aggressive enforcement efforts to be effective. Saratoga Neighborhood Traffic Management Program tit The Saratoga Neighborhood Traffic Management Program (NTMP) represents the City's commitment to the safety and livability of its neighborhoods. This neighborhood-based approach to traffic calming is designed to educate and empower residents with the tools to evaluate, develop, and implement appropriate traffic management solutions. The NTMP provides a process for identifying, measuring, and working to resolve problems related to traffic safety and livability on local streets. This process also provides a means of implementing a City of Saratoga goal to "provide for safe and efficient vehicular movement on City of Saratoga streets." GOALS OF THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM Neighborhood Livability The City of Saratoga places a high value on neighborhood livability. Although livability has no precise definition, it can be thought of as encompassing the following characteristics: e . Feeling of safety and security in neighborhoods. . Opportunity to socially interact with neighbors with limited (or minimal) traffic distractions or threats. . Ability to experience a sense of home and privacy. . Ability to establish a sense of community and neighborhood identity. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page 6 . Develop a balanced relationship between the multiple uses and needs of a neighborhood. e Traffic management plays a vital role in promoting these neighborhood characteristics. The Neighborhood Traffic Management Program (NTMP) recognizes that vehicular traffic is only one element of a neighborhood and that other residential needs must be given careful consideration, Citizen Participation hnplementing NTMP requires residents to be actively involved in the entire decision-making process through the following steps: e . Collect signatures to demonstrate consensus that a problem exists . Work through the NTMP process with City staff and the Public Safety Commission . Organize and attend meetings to discuss the problems, review traffic data and come to agreement about remedies . Collect signatures again to demonstrate consensus around any proposed mitigation measures . Take steps necessary for implementation of any traffic calming mechanisms . participate in follow up activities Street Ambiance During the process of implementing a traffic calming plan, opportunities may arise to improve the streetscape so it becomes an extension ofresidents' front yards. For example, medians and traffic circles can be gracefully landscaped to enhance the street and provide additional ambiance in the neighborhood. THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) PROCESS The NTMP process has three phases. Phase I focuses on neighborhood organizing and traffic data collection, and establishes eligibility for continued participation in the program. Phase II concentrates on providing the neighborhood with education and enforcement tools for resolution of traffic problem(s). Ifthe traffic issue(s) still exist(s) after Phase II rneasures, then the more restrictive physical devices described in Phase III can be considered and recommended for implementation to the Public Safety Commission and/or City Council. These restrictive devices may include installations like speed humps, traffic circles, chokers, and islands. However, Phase II measures should be thoroughly explored and implemented before moving on to Phase III. The NTMP process is described below. e Neighborhood Traffic Management Program January 2 J, 2004 City of Saratoga Page 7 PHASE I: COLLECT SIGNATURES AND TRAFFIC DATA e Step 1. Contact City Staffto Start the Process Traffic concerns are reported to City staff either directly or through the Public Safety Commission. Staff will then help residents begin the NTMP process, Neighborhood boundaries can be proposed by residents but will ultimately be determined by the City Traffic Engineer. Step 2. Successfully Circulate Neighborhood Petition Residents will circulate a petition within the participating neighborhood. This petition will determine the level of agreement among residents about whether a traffic problem exists and if residents want to address it through the NTMP process. This petition document must show all addresses within the defined neighborhood and be signed by a majority (50% + I) of the households and/or businesses included. Each household or business is entitled to one signature. A sample petition is included as Appendix A and includes additional information. Step 3. Collect and Analyze Traffic Data Once the neighborhood boundary is established, the City Traffic Engineer will gather and analyze preliminary traffic data, including volume, speed, accident data and any other pertinent information, e Step 4. Present Traffic Data to Residents at Neighborhood Meeting The traffic data and analysis will be presented to the neighborhood at a meeting for that purpose. City staff will notify all residents located in the project area of the meeting and ask them to attend. Meeting activities will include: . Explain how and why the process started . Explain NTMP process . Explain neighborhood project area boundaries and how they were defined . Identify specific traffic concems and issues . Present traffic data If the data reveals that either a simple solution or an immediate hazard to the public exists, staff may address the problem directly and not initiate the NTMP process. If preliminary traffic data demonstrates that traffic problems are evident, City staff will help residents present the information to the Public Safety Commission (pSC) and take the next steps in the NTMP process. If the data does not demonstrate that traffic problems exist, staff will share that information with the neighborhood and PSC as well. In order for the NTMP process to continue, a neighborhood spokesperson must be selected to represent the neighborhood at a Public Safety Commission meeting. tit Step 5. Present all Information to the Public Safety Commission Neighborhood Traffic Management Program January 2 J, 2004 City of Saratoga Page 8 . . tit Once the traffic data is collected and NTMP is deemed to be appropriate for resolving any problems, at least one neighborhood representative must attend a PSC meeting and request the start of Phase II mitigation measures. Those measures are described in the next section. The Public Safety Commission must agree with the neighborhood's request to move into Phase II and assign one Commissioner to participate in the process with City staff and residents. The Commissioner's role will be to attend all meetings, monitor the process and assist Staff with reports to the Commission. PHASE 11: EDUCATION & ENFORCEMENT MEASURES Phase II of the traffic management process involves identifying specific concerns, establishing goals and objectives, defining criteria for "success," and developing a traffic plan with rneasures for implementation. In addition, a deadline for participation of areas or streets may be set. Examples of Phase II measures include, but are not limited to, the following: . Neighhorhood Speed Watch - collecting travel speed data with a portable unmanned trailer equipped with radar and a speed limit sign placed so that motorists are aware of their actual speeds in contrast to the posted speed limit . Neighborhood Traffic Safety Campaign - targeted distribution of educational materials regarding traffic safety issues . Neighborhood Outreach - posting signs asking drivers to slow down, or passing out flyers to problem drivers asking them to modify their behavior (note: flyers should only be given to drivers who willingly stop, it is not the intent of this document to encourage residents to force unwilling drivers to stop their cars and receive a flyer) . Targeted Law Enforcement - saturation by Sheriffs patrol deputies of a specific area for a limited time Each neighborhood participating in the program must begin by considering Education and Enforcement measures before considering Phase III traffic calming changes, The public education provided in Phase II might be sufficient to change driver behavior and is certainly the most cost effective in terms of City resources. The following is a step-by-step approach to implementing Phase II of the NTMP process, Step 1. Phase II Kick-Off Meeting Together residents and City staff will organize a community meeting with neighborhood residents to introduce the NTMP process to residents. That meeting will include the following activities: . Distribute and discuss program materials . Finalize neighborhood project area boundaries . Further discuss any additional specific traffic concerns and issues . Discuss any traffic control measures previously implemented . Establish goals and objectives of the neighborhood . Define criteria for "success" ofthe program Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page 9 e e e . Designate at least one "Street Representative" (or one for each street if more than one) to work closely with the Public Safety Commission (pSC) and City staff during this process . Select a chair or designate the street reps to serve as the point(s) of contact for City staff. (The same spokesperson selected in the initial meeting may continue to serve as the point of contact.) The neighborhood group (which includes the residents, City Traffic Engineer, City staff and PSC representative) wi\1 work together to develop Phase II measures designed to meet the established objectives. At this meeting, a trial period will be established to analyze the effectiveness of Phase II measures. Step 2. Implementation and Trial Period phase II measures will be implemented for a period of one to six months, as established by the neighborhood group. The effectiveness of phase II measures will be measured using the criteria for "success" established during the Phase II Kick-Off Meeting. Step 3. Phase II Evaluation Meeting At the end of the measurement period, the neighborhood group will meet to determine the effectiveness of phase II methods and identifY any interest in continuing with Phase III, Step 4: Present Phase II Evaluation Results to PSC The neighborhood group will present the results of the Phase II measures to the PSC. PHASE III: TRAFFIC CALMING MEASURES If the phase II measures were not effective or "successful," as defined by the established criteria, or if the Phase II results are only temporary, residents may elect to move to Phase III of the program. In Phase III, a traffic improvement plan may be developed to include the placement of physical devices on neighborhood streets. Phase III measures are typical1y more costly and may require involvement of appropriately licensed professionals. Consequently, each project area will have a budget (as funding permits), and may be subject to the review and approval of the City Council in addition to the PSC. The Phase III measures discussed in this NTMP are divided into three categories. . Category 1 Driver Awareness Improvements includes devices that are simple and low cost, and require minimal environmental review and can be implemented quickly, Examples follow: . Striping changes . Parking restrictions . Crosswalks . "Bots" dots, reflective markings . Addition or removal of turn lanes Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page 10 ..__._.___,,_'_~"_"'_"_"__ _,.._.._m_._______.__'.._._. . .__.... . . Category 2 Travel Behavior Modifications may divert traffic and impact access to property. The measures may require moderate environmental review because of potential traffic impacts outside the neighborhood. Implementation of Category 2 devices may require several weeks of review before a project can be implemented, Examples include the following: . Chokers . Pedestrian islands and median islands . Curb extension . Traffic circles . Speed Humps Category 2 is initiated if Category I measures are believed to have no effectiveness, or if there are no feasible Category 1 measures that fully address the neighborhood concerns, Category 2 measures will be developed under the direction of an appropriately licensed professional, and may require environmental review. Category 2 measures will require more study than Category 1, and more time will pass before they can be implemented . Category 3 Access Modifications may cause extensive traffic diversion, and may require several months of review before a project can be implemented. Examples follow: . . Diverters . Half-street closures . Full-street closures . One-way, two-way conversions Category 3 is only initiated if Category 2 measures are believed to have no effectiveness in a trial implementation or if there are no feasible Category 2 measures that address the neighborhood concerns. Category 3 measures will be developed under the direction of a licensed professional engineer, and may require detailed environmental review, The time required to study Category 3 measures and complete the required environmental review will be considerably longer than Category I or 2. The plan development process is similar to the other categories except that a 2/3 majority of the neighborhood is required for approval. The plans must also clear the California Environmental Quality Act (CEQA) process and be approved by both the PSC and City Council. The following is a step-by-step approach to implementing Phase III of the NTMP process. Step 1. Phase III Meeting(s) Together residents and City staffwiJI organize one or more community meetings with neighborhood residents to discuss Phase III options. The meeting( s) will include the following: . . Discuss potential measures . Further discuss any additional specific traffic concerns and issues . Establish goals and objectives for Phase III . Define criteria for "success" of the program City of Saratoga Page J J Neighborhood Traffic Management Program January 21, 2004 . Continue to work with Street Representative(s) during this process e . Determine effective and desirable mitigation methods Step 2. SuccessfuIly Circulate phase III Petition Street Reps or spokesperson collect signatures on petitions indicating level of support for proposed mitigation measures and residents' willingness to have a device installed in front of their home. Step 3. Present Phase III Results to PSC The neighborhood group will present the Phase III petitions to the PSC and ask for implementation of the plan. PSC mayor may not support the proposed plan. If they support the plan, PSC may approve or recommend to City Council approval of plan depending on total cost. Step 4. Phase III Evaluation Meeting After instaIlation of the mitigation measure and at the end of the agreed upon measurement period, the neighborhood group wiIl meet to determine the effectiveness of the Phase III methods. Approval of Phase III Measures The plan developed in Phase III will require a level of neighborhood consensus for implementation dependent on the impacts it creates; required levels of support foIlow: tit . Category 1 Measures: 50% + 1 (simple majority) . Category 2 Measures: at least 60% of households must support . Category 3 Measures: at least 66% (two-thirds) of households must support Street representative(s) will circulate a City-approved petition throughout the defined project area. Each household or business is entitled to one signature. A sample Phase III petition is included as Appendix B. According to the State of California Vehicle Code, restrictive measures such as those proposed under phase III can only be implemented by ordinance or resolution by the City Councilor for smaIl projects by the PSC under umbrella authority granted by the City Council. Some Phase III measures may also generate potentially significant physical impacts and may require the preparation of an environmental document, as required by the California Environmental Quality Act (CEQA). The City Council must review and approve an environmental document prepared for the proposed measures, Removal of Traffic Calming Devices tit Any traffic calming measure can be removed at any time. However, removal requires submission to the City of a petition signed by the same representative percentage of the neighborhood that signed the petition in support of the changes. For example, if the installation required 60% support by the neighborhood, removal would also require 60% support. Removal of traffic calming devices will be scheduled on a first-come-first-served basis, subject to budget availability. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page 12 . tit It ~_._--_.,._-,----,,--".,-""'._'~_.._._-'------------_.-- APPENDIX A: PHASE I SAMPLE PETITION Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page A-I e e e PHASE I SAMPLE PETITION We, the undersigned, are concemed about traffic volumes and/or travel speeds in our neighborhood. By submission of this petition, we request permission to participate in the Neighborhood Traffic Management Program process. We authorize the City of Saratoga to implement the following measures to address our concerns should they be warranted: . Conduct public outreach efforts . Use a speed-radar trailer that displays a speed limit sign and the actual travel speed of a passing motorist to educate motorists . Implement targeted law enforcement Address Name and Signature of resident (must be 18 or older) Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: INSTRUCTIONS: I. Attach a map that shows individual properties within the project area. 2. Make copies as needed and circulate to obtain signatures. 3. Before circulating petition, write in the addresses of homes or businesses in the project area. 4. Deliver original petition to the City Manager's office after the required number of signatures is obtained. Neighborhood Traffic Management Program January 2 J, 2004 City of Saratoga Page A-2 e e e APPENDIX B: PHASE III SAMPLE PETITION Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page B-1 . . . PHASE III SAMPLE PETITION We, the undersigned, continue to be concerned about traffic volumes and/or travel speeds in our neighborhood. We urge the City of Saratoga to install the traffic calming devices (described here) and shown on the attached plan to address our concerns. We understand that installation requires _% of neighborhood support and that removal can occur but requires the same level of consensus demonstrated by petition. Address Name and Signature of Resident I support I agree to permit the the plan. instalIation of (initial) in front of mv home. Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: Printed Name: Signature: INSTRUCTIONS: I. Before circulating petition, write in the addresses of homes in the project area. 2. Prepare a map of proposed traffic calming devices, showing the specific device locations and addresses of residences in the project area. 3. Make copies as needed, circulate to obtain signatures. 4. Deliver original petition and any other relevant materials to the City Manager's office after the required number of signatures is obtained. Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page B-2 e e e APPENDIX C: TRAFFIC CALMING TOOL KIT Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-l . . . CATEGORY 1 - RADAR-SPEED TRAILER Description: A device that can be borrowed from the Santa Clara County Sheriff s Department and positioned in the parking lane of a City street. A standard speed limit sign matching the posted speed for the street is prominently displayed, alongside or near an electronic output that shows the actual travel speed of an approaching vehicle. The device can record the speed and time of day of each passing vehicle. Objective: Obtain compliance with posted speed limit. Specific Applications: Used on any street classification as long as space is available to park the trailer. Prerequisites, Limitations & Constraints: May be requested as part of the Phase II process, with appropriate support from the neighborhood. Best results occur in straight roadway sections. Use of the trailer in curved sections can result in inaccurate travel speed readings. Use is subject to availability. Benefits occur while trailer is in place and for a few days thereafter. Advantages/Other Considerations: Studies of this device demonstrate good effectiveness while the device is in position. Speed limit compliance benefits can continue after removal of the device for several weeks, gradually diminishing. Minimum Requirements: A simple majority of residents in neighborhood must sign a petition indicating a need to reduce traffic speeds. Cost (Typical): $15,000 per unit. Loans of this equipment can be made at no cost to residents under appropriate circumstances. Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-2 e e e CATEGORY 1- STRIPING AND PAVEMENT MARKINGS Description: painted or thermoplastic markings on the pavement to delineate the roadway for controlled use. May include double yellow lines, shoulder stripes, bike lane stripes, or text. Objective: Control and constrict vehicle travel paths to encourage slower speeds. Delineate areas of pavement for use by pedestrians or bicyclists. Specific Applications: Used on any street classification as long as width is available to maintain 10 feet (minimum) travel lanes and 7 feet (minimum) parking lanes, as appropriate. Prerequisites, Limitations & Constraints: May be requested as part of the Phase IT process, with appropriate support from the neighborhood. Results may be mixed with minimal speed reduction. Best success is for delineating no-auto portions of the pavement. Advantages/Other Considerations: Relatively low cost application, effective 24 hours a day. Can enhance pedestrian use of roadway. Minimum Requirements: A simple majority ofresidents in neighborhood must sign a petition indicating a need to delineate roadway. Cost (Typical): $10 per square foot of striping. Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-3 . . . CATEGORY 1 - SPEED AND WARNING SIGNS Description: Speed and warning signs, including street legends, are the easiest and simplest of the techniques on this list. The purpose of posting the speed limit on a residential street is to inform the motorist of the prima facie speed limit of 25 miles per hour and to attempt to gain compliance with the speed limit. Warning signs provide information to the motorist. Fabrication and installation of a sign is a low-cost item. However, the effectiveness of the signs is short-lived and motorists who travel the area soon pay no attention to them. Also, a prolifemtion of signs could cause visual blight or visual pollution in some neighborhoods. Objective: Obtain compliance with posted speed limit. Specific Applications: Used on any street classification. Prerequisites, Limitations & Constraints: May be requested as part of the Phase II process, with appropriate support from the neighborhood. Advantages/Other Considerations: Signage complements directed enforcement efforts, and gives drivers fair warning of speed limits. May install pavement legend to compliment signage. Must comply with State and Municipal Codes. Minimum Requirements: A simple majority of residents in neighborhood must sign a petition indicating a need to reduce traffic speeds. Cost (Typical): $300 per sign; $600 per pavement legend. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-4 . . . ,-'---,'--'---" .._.---~- ----_....~--~._-, _..._----,,"--,-'-,----- CATEGORY 1 - RUMBLE STRIPS Description: Rumble strips consist of raised ceramic markers that were designed to alert drivers to dangerous or unexpected conditions. On local streets their purpose is to alert drivers of the need to pay attention to special conditions. Objective: Alert drivers to special conditions such as curves or crosswalks. Specific Applications: Used on any street classification. Prerequisites, Limitations & Constraints: May be requested as part of the Phase II process, with appropriate support from the neighborhood. Advantages/Other Considerations: This alternative has had a mixed response in cities where it has been implemented. The objection to the rumble strips lies in the noise that is created by vehicles traveling over the strips. In some neighborhoods, the noise seems to be more intrusive than in other neighborhoods. Increased driver awareness is a commonly accepted benefit. Bicyclists may find the rumble strips to be objectionable, therefore, they are not recommended on a bicycle route. Increased maintenance may also be required.. Minimum Requirements: A simple majority of residents in neighborhood must sign a petition indicating a need to reduce traffic speeds. Residences directly fronting the rumble strip location must support the installation. Cost (Typical): $500 per lane. 0... .' . . .. .. .. .' . .ilI. ..-. . . .. . . ....... . . . .," Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-5 . . . CATEGORY 1- CURBSIDE TREES Description: The purpose of planting trees in the curbside or parking strip area in front of the sidewalk of a residential or collector street is to give the impression of a narrower street and thus slow traffic. A variation on this planting idea is to place trees at selected parking space locations along the street. Criteria for the installation of trees includes the following: . Other traffic management devices are not acceptable to the emergency response services. . The neighborhood is opposed to other measures or other measures previously installed are not as effective as desired. . The neighborhood is deficient in street landscaping. . Existing conditions, such as right-of-way and sidewalks, allow for installation of trees, Objective: Obtain compliance with posted speed limit. Specific Applications: Used on any street classification. Prerequisites, Limitations & Constraints: May be requested as part of the Phase n process, with appropriate support from the neighborhood. Advantages/Other Considerations: Trees act as a buffer zone between motorists and pedestrians and also provide a visual barrier between the two. Trees have no impact on the volume of traffic but have a minor impact on speed. To be effective, trees must be planted consistently along street frontages at a rate of about one every 30' to 50' and will need several years to mature. Minimum Requirements: A simple majority of residents in neighborhood must sign a petition indicating a need to reduce traffic speeds. Cost (Typical): $100 to $300 per tree. Cost varies with type and size of tree selected. Total cost varies with block length and installation type desired. Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-6 . . . A. ,,' ~ '.., <; '...., , ..-~... " ~":~/,t ': ,~:t f"'" '1' .. ~, . '"",~ ' . ..~ .,.\:~\:~\tl~" ,,\~\\~,)~.. '.; '\/;;l:.l~'{~:\~~"'~ i.I--' ,',',"; '!i\''':~' ~' . .. ' t'! I .. ;:-.. "'....~"I . ,....,,' ;ill'-- .':.', 'If'''''' 1 It \\t,'. ~,,~r:i '''\ ..' sI''';.f''~:' :', ~,~ J i>~\ ~.:.;:'! l.li;~'~~!d;~(~~~::'~;;'\:}.~"{~\~. ~ r.III "~" ~. 'j~~':: t~~ll~f~i,-~:;;t~I'.\;,'~~~\..;._}'~' ~~;. f~N 'r.. ....},~~~~'{~ e;:it~~'i~:'':; ~-::-~~~'~.~,.. :.\" '. r/:(, ~ ~4 'iol' ~1" \~' 'f~'pl t r.i1'. " ,:t--"~ "",'-.M , \ . ~.;..: \' '. ~ ~ j' ~~ < I' '.!..; > ... ' 'f! ..::~, " \ '. 11.~' ' t' .1.\.'Vl\ ~ '~l!f;.\gt.!"~~;''I!~':'' ",f,.~e!' '/.. (.t" , ,.., .. ","" \~ ~\, ~ !:: "-'-!- ,:;, .. \.",.\ ~I' ,'0' ''IJ'' . .~ ~~ ,.." ,~ j. ,.," .!, "tI {.- -.,J.. ~ .~,~ ~i {, ,." ' "1_~""'7 .. ...'~ t , .' \ t"" ~: ..' .~. . "..'. - ,.'\'" ~ ..,. """,''l'' "<;;.... ,~t;,. ", '" f '/\l}ti '~~"';'" : ';;'~\ ~:~, ' c' ..... ~ il. <{~--:.<:Ii;' ..'~ ~ ~ ,.." ."''f/!.:'~; ,'"-;,,:..,,.,,~ ."ioi .'. ~,. r~ ' , ':.", \ir--7:;~-' '", ~ ~,..\ t'~.".'f:>..Y.':.."'~'..;!.'" ;;,.:\. .',':il ."~ I;I,~ I ~ 't ','.. i 'f:i~~~" . t>... . ". ~ ,. \ ~..."" . :.t.:">' .'.' ':,' 'l( f, ,,;;Ii , . , ',>.~", iil ~.... \: .p, ,,;-;:; . "i\,.!'.~- :'." \\ " r '.. '~'." Tj. ' ....... t, !:. "1"';:- t.:~..._..~~,.<I,\t l t. . '\lk- .1".'1'''''' ~~; {.' -.~r -'; ~.,;.' '.. f"", ... - ""J"'k t;... ,"t: ,,'?;.t' , ,<Ii'. .,-.~j>II:J:c '" ~.~. 5r "':Lt' f!:",~ ",;.". " , . ~'-' '..-"'~'~" l - __'.1 ~~ g""" - ~------ ~- .,; ~~%p;:~'I~E>f~';' 'i;'>; -~:'..~-- - . ~--"':':";--:7;;'~~' , ,- Uf;o }.I' [ -,-,~---.~.;.~--~~.?~:~~...':, --~~..,.. f~; Dana Street in Mountain View Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-7 e e e CATEGORY 2 - UNDULATIONS (SPEED HUMPS) Description: Gradual rise and fall in pavement surface, generally to a maximum height of3.75 inches in a circular arc projected over a 12 or 14 foot chord in the direction of travel. Creates an undulation (variation) or hump in the roadway surface. Objective: Reduce vehicle speed. Specific Applications: Used on local streets or collectors that are not identified as emergency response routes experiencing speed problems. May be considered when 85th percentile speed is 8 mph or more above the speed limit, or maximum travel speeds are 20 mph or more above the posted speed limit. Prerequisites, Limitations & Constraints: May be requested as part of the Phase III process, with appropriate support from the neighborhood. Street must have 25 mph speed limit. Street cannot be classified arterial or have more than two travel lanes. Street cannot be a principal emergency vehicle route, public transit route or truck route. Undulations should not be placed on blocks serving as primary access route to significant truck traffic generator, even if not designated as truck route. Undulations may increase access time of emergency vehicles. They should not be placed on grades exceeding 8 percent, at points within 150 feet of intersections or where horizontal and/or vertical alignment limits sight distance. Also, cannot be placed over or very close to manholes, utility valves, or street monumentation, When feasible, they should be located to take advantage of existing street lighting fixtures on or close to property lines or to take advantage of side-lot frontages. Ideally used on streets with vertical curbs. For streets with rolled curbs or no curbs, drivers may steer around the hump and into front yards to avoid the installation. Minimum Requirements: Prior to consideration, at least 60% of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses. (See Exhibit B Sample Phase III Petition.) Advantages/Other Considerations: Highly effective, modest cost, self-enforcing. Undulations may produce minor traffic diversions. Recognized as different from common "speed bumps" which are regarded as unsafe for use in the public right-of-way. Some jurisdictions are using undulations with profiles longer than 12 feet in the direction of travel (most commonly 20 feet) in efforts to lessen the severity of effect on long wheelbase vehicles or to make the undulations more appropriate to driver expectations of travel along urban streets. Benefits include reduction in 8511> percentile speeds of 3-4 mph, and reduction of maximum speeds of 5-10 mph. Speed reduction may not occur for the first several days after the installation. Typically install two undulations per block (800 feet maximum spacing), installing only one undulation may reduce the level of benefit. Cost (Typical): $3,000 (asphalt paving) to $8,000 per block (brick paving). Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-8 . . _ Il Undulations Speed Bump Speed Hump Figure 2a _ The Difference between a "Common Speed Bump" and a "Speed Hump." 3.5'-3.75' t -- . I: 6' J 12' ~ J Figure 2b - Typical Undulation Dimensions. (Along Center Line of Road) . Figure 2c - Typical Oakland Installation. 30,)(30' Warning Sign Black on Yellow W37 6' Series 'E' Letters Sign W6(15) Sign Adjacent to Undulation. Advanced Warning Sign (where appropriate). Figure 2d - Warning Signs. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-9 . CATEGORY 2 - TRAFFIC CIRCLES . Description: Raised islands placed in the middle of an intersection; not necessarily precisely centered or exactly circular. Objective: Reduce speed. Increase safety by establishing predictable flow patterns at intersections. Reduce broadside collisions. Neighborhood Traffic Applications: Used at intersections on streets where more restrictive speed or volume measures (like undulations, cul-de-sacs) are undesired or inapplicable; where speed problems are focused at intersections; or where unusual intersection geometry and excess traveled-way surface creates unpredictable flow patterns and conflict points. Prerequisites, Limitations & Constraints: May be requested as part of the Phase III process, with appropriate support from the neighborhood. Used for speed control on local access streets only. Speed control effect on most vehicles within 200 feet of the intersection (similar to STOP signs), although circles have a mid-block speed control effect on the fastest vehicles. Circles are best used where the desire is to control speed near intersections or to affect mid-block speeds of the fastest vehicles, rather than speeds of average drivers. Effects on speed may be intensified if used at a sequence of intersections or in combination with other devices to create a cumulative effect. Size and specific shape must be customized to individual intersection geometry. Intersecting streets normaIly must both be in excess of 30 feet curo-to-curb width to allow adequate space for the circle and traffic lanes. Circle diameters are typically 12 feet or more. Requires good sight distance and level to moderate grade conditions. Middle of the intersection positioning gives rise to the need for good visibility across-the circle and makes circles susceptible to being struck by errant traffic. High-visibility materials, reflective signs and markings, and mountable materials should be used. May require reconstruction/relocation of manholes, utility valves, and street monumentation. Emergency services may find circles nearly as problematic as cul-de-sacs or diverters. Application requires careful consideration of emergency service needs. Advantages/Other Considerations: May necessitate parking limitations on intersection approaches. Bicycle and pedestrian paths must be redesigned around new vehicle paths. Rarely causes traffic diversion. Benefits include reduction in 85th percentile speeds of 1-2 mph, and reduction of maximum speeds of 5- I 0 mph. Studies suggest broadside accident reductions of 50 to 90 percent. Minimum Requirements: Prior to consideration, at least 60% of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses. (See Exhibit B Sample Phase III Petition.) Cost (Typical): Depends on size of island and pavement area. For a typical residential street intersection, at approximately right angles, approximate cost is $8,000 hardscaped; $25,000 or more landscaped. e Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-JO . . . Traffic Circles Low Cost Circle in Mountain View Medium Cost Example of a Traffic Circle in Palo Alto High Cost Example of a Traffic Circle at Rancho San Antonio Park Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-ll e e e CATEGORY 2 - CURB BULBS (CHOKERS) Description: Extension of the curb into the fonner paved street area (backed by sidewalk, landscape and other features) to narrow the street traveled way at intersections and other key locations. These are different from the semi-diverters discussed elsewhere in this document in that they do not extend far enough into the street to block a traffic lane (as do the semi- diverters). Objective: Enhance pedestrian safety and traffic safety; slow turning traffic; increase traffic awareness of neighborhood environment. Neighborhood Traffic Applications: Best used at intersections where there is intent to reduce the length of crosswalks and to place pedestrians at a better driver-pedestrian sight line before pedestrians leave the curb. Used for speed control of turning traffic by forcing smaller turn radius. Used to control speed by creating sense of narrowness. Used to give visual cue to drivers of transition from arterial-collector environment to local access neighborhood environment. Prerequisites, Limitations & Constraints: May be requested as part of the Phase III process, with appropriate support from the neighborhood. Can be used on any street classification. Cannot be used on streets of less than 22 feet traveled way width, or to narrow the traveled way to less than 22 feet (2-way), or to narrow individual lane width to less than 11 feet. Cut outs may be needed for bike lanes. Design must respect turn radius requirements for common vehicles and gutter flow and drainage inlet requirements. May require relocation/adjustment of utility valves and manholes. Advantages/Other Considerations: May include landscape/urban design features to create "gateway" treatment. May be useful on streets where sideswipe of parked vehicles is a problem. Can be used in staggered configuration to create chicane effect and used at mid-block as well as intersection corners to create portal effects. Benefits include reduction in tuming vehicle speeds to 15 mph or less, increased pedestrian safety and comfort, minor traffic diversion. Minimum Requirements: Prior to consideration, at least 60% of residents living on the affected street must sign a petition voicing support for the device(s), Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses. (See Exhibit B Sample Phase 111 Petition.) Cost (Typical): Per each: $3000 hardscaped; $8,000 landscaped. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-12 e e e .. . IJ Curb Bulbs I C",b ~ I Figure 4a _ At Intersection, Most Often Used to Create "Entry or Gateway Effect." Figure 4b - Staggered at Midblock to Create a Chicane Effect. Planting Heavily Protected by Concrete Planter. Mountain View Example ~ l - J - I - r - 1 L I Figure 4c - Paired at Midblock to Create 'Slow Point' Where Opposed Drivers Must Defer to One Another. Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-J3 . e e CATEGORY 2 - PEDESTRIAN ISLANDS Description: Pedestrian islands involve the use of raised islands (includes cwb, gutter, landscape or hardscape and other design features) at intersection to provide a midway pedestrian refuge and to block left turn paths that would otherwise cross the centerline to achieve higher speeds. Islands are built along the centerline of a street, or between intersections on a given street to occupy excess traveled-way space. Objective: Reduce speed of turning traffic at intersections of two-lane roads, or create pedestrian refuges in the middle oflong crosswalks. Neighborhood Traffic Applications: Raised islands at intersection approaches or in curved, mid-block sections are used for two main purposes: 1. To reduce speeds at intersections, typically turning traffic on low volume streets that makes wide, high-speed turns. 2. To reduce mid-block speeds on long blocks with large radius curves. Prerequisites, Limitations & Constraints: May be requested as part of the Phase ill process, with appropriate support from the neighborhood. Pedestrian islands can be placed at intersections with any street type, and can also be placed mid-block on collectors or arterials. Requires adequate sight distance and absence of severe grades or awkward geometric conditions. Design details of median islands must include provision for special emergency vehicle passages at key locations. Handicapped ramps or gaps at pedestrian crossings accommodate bicyclist crossings. Advantages/Other Considerations: May include Iandscapelwban design features to create "gateway" treatment. Should not be installed unless majority consensus exists in neighborhood. Major disadvantage is vehicle strikes, which may result in damage to vehicles and claims against the City. Reflective signs (N or K markers) and cwbs painted with white reflective paint are required to minimize vehicle strikes. Benefits include reduction in turning vehicle speeds to 15 mph or less, increased pedestrian safety and comfort. Minimum Requirements: Prior to consideration, at least 60% of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses. (See Exhibit B Sample Phase III Petition.) Cost (Typical): Per each: $3000 hardscaped; $8,000 landscaped. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-J4 . . . Example ofiandscaped Pedestrian Island in Sacramento San Jose Example Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-15 . CATEGORY 3 - DIAGONAL DlVERTERS Description: Uses curb, gutter, sidewalk, centerline striping, signs, markings and other design features to convert two streets intersecting at generally right angles into two unconnected streets, each making a right angle turn at the former intersection. Objective: Reduce traffic by creating less direct and less convenient routings through neighborhoods. Neighborhood Traffic Applications: Placed on local access streets experiencing significant through traffic burdens, where some physical restraint of traffic paths is acceptable and desirable, and where the more rigorous restraint of cul-de-sacs is undesired or unacceptable. Prerequisites, Limitations & Constraints: May be requested as part of the Phase III process, with appropriate support from the neighborhood. May be placed only on local access streets with not more than two lanes. Intersecting streets both must be at least 30 feet in curb-to-curb width to allow adequate space for development of the diverter and the travel lanes. Not acceptable across public transit routes. Requires adequate sight distance and reasonable grade conditions. Prototype designs require site-specific customization. e Used singly or in combination with other devices in neighborhood diversion system. Normally requires assessment of their effects in broad area circulation context, even if not intended as part of a neighborhood system. Effects of diverted traffic must be regarded as acceptable; can shift traffic to other local streets. Reasonable access to "intemal" properties and streets must be maintained. May require reconstruction/relocation of manholes, utility valves, drainage inlets and street monumentation and construction of additional fire hydrants. Requires emergency vehicle access features on key emergency service routes. Advantages/Other Considerations: Less significant adverse effects on regularly routed services (i.e. refuse collection, school transit) and inconvenience to irregular services (i.e. parcel delivery, moving vans) than cul-de-sacs. Design features can mitigate effects on bicycles and bikeways. Creates opportunity to reduce street crossings in pedestrian paths to schools, parks and community facilities as well as landscape opportunity. Objective with landscape is to create appearance that streets never actually intersected in the original pattern. Minimum Requirements: Prior to consideration, at least 66% (two-thirds) of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses. (See Exhibit B Sample Phase III Petition.) Cost (Typical): $10,000 hardscaped; $15,000 landscaped. . Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-16 . Diagonal Diverters . -. Figure lOa Diagonal Diverters Change Two Crossing Streets Into Two Unconnected Streets, Each Making a Right-Angle Turn, Figure lObI Landscape Diverter: Ultimate Objective of Landscape is to Create Apppearance Streets Never Connected, e Figure IOb2 Hardscapped Diverters: Can be moderate cost curb, gutter, sidwalk like illustration or low cost bollard construction. Figure lOb View illustrates How Diagonal Diverter & Cul-De-Sac Can be Used to Create Safe Pedestrian Paths Across Streets in Neighbohoods to Key Destinations Such as Parks & Schools. It Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-17 e e e CATEGORY 3 - SEMI_DIVERTERS/CHANNELIZATION Description: Use of curb, gutter, possibly landscape and other features (or use of raised bars or bollards in substitute for curb and gutter) to prohibit specific through or turning moves at intersections. Objective: Reduce traffic volume; reduce through traffic. Neighborhood Traffic Applications: Used on local access streets in situations where there is desire to reduce through traffic. Often used in combination with other devices in a neighborhood system. Typically used when existing conditions constitute a severe problem for residents. Prerequisites, Limitations & Constraints: May be requested as part of the Phase ill process, with appropriate support from the neighborhood. Used only on local access streets. Normally positioned in combination with other devices to force cut-through traffic to use arterial streets. Use can lead to driver resentment. Can lead to access difficulties for existing residents, and may be a problem for guests or legitimate deliveries to residents in the project area. Requires adequate sight distance, absence of severe grade or awkward geometric conditions. May require relocation or adjustment of drainage, manholes, utility valves or street monurnentation. Advantages/Other Considerations: Can be used effectively where emergency vehicle route considerations limit application of other devices. Effective on narrow streets where other devices are problematic. Minimum Requirements: Prior to consideration, at least 66% (two-thirds) of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses, (See Exhibit B Sample Phase III Petition.) Cost (Typical): $4,000 hardscaped; $6,000 landscaped. Mountain View Example Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-18 . - Channelization .. - I' (a) Star Requires AIl Right Turns (b) Diagonal Bars - Eliminate Thrus and Some Lefts . (d) Three-Quarter Di verter.. (c) Trumpet Mutes - Requires Right- Turn-Only In & Out on Some Approaches. . (e) Partial Mutes Requires Right (f) On Thru-Streets at "T". Turns Only on Outbound Movements. Figure 7 _ Channelization Controls Turning Movements at Intersections. Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-19 . . It CATEGORY 3 - HALF STREET CLOSURE Description: Use of curb, gutter, possibly landscape and other features (or use of raised bars or boUards in substitute for curb and gutter) to convert a street block formerly accessed at both ends to a two-way street with egress at both ends but with ingress at onIy one end. Objective: Reduce traffic volume; reduce particular patterns of through traffic, Neighborhood Traffic Applications: Used on local access streets in situations where there is desire to reduce traffic but with less rigorous effect than imposed by cul-de-sacs and diagonal diverters or where the desire is to affect a specific pattern of through traffic, Often used in combination with other devices in a neighborhood system. Prerequisites, Limitations & Constraints: May be requested as part of the Phase ill process, with appropriate support from the neighborhood. Used only on local access streets. Normally positioned to limit ingress rather than egress, since egress restraint traps the unwitting motorist, leading to difficult turn-around maneuvers, driver resentment and frequent avoidance violations. Best placed to control access at arterial boundaries to neighborhoods since placement at secluded locations within neighborhoods are subject to higher rates of violation. Requires adequate sight distance, absence of severe grade or awkward geometric conditions. May require relocation or adjustment of drainage, manholes, utility valves or street monumentation. Advantages/Other Considerations: Can be used effectively where emergency vehicle route considerations limit application of other devices. Effective on narrow streets where other devices are problematic. Minimum Requirements: Prior to consideration, at least 66% (two-thirds) of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show aU household addresses. (See Exhibit B Sample Phase III Petition.) Cost (Typical): $4,000 hardscaped; $6,000 landscaped. Neighborhood Traffic Management Program January 2 J, 2004 City of Saratoga Page C-20 . . . Example of Low Cost Half Street Closure from Sacramento Mountain View Example Neighborhood Traffic Management Program January 21, 2004 City of Saratoga Page C-21 e CATEGORY 3 - CUL-DE-SAC Description: Located at intersection limits or at mid-block. Using curb, gutter, sidewalk, bollards and/or other design features, revises a block with a through traffic pattem to create a block which has traffic ingress and egress at only one end, or at both ends but with through travel eliminated. Creates a situation similar to streets sometimes provided in new subdivisions that have ingress/egress at one end only. Objective: Reduce traffic volumes and travel speeds. Neighborhood Traffic Applications: Used on local access streets with significant through traffic volume. Normally used at intersections except on streets where transitions between residential and other land uses suggest a mid-block location. Prerequisites, Limitations & Constraints: May be requested as part of the Phase III process, with appropriate support from the neighborhood. Used only on local access streets; unacceptable on collectors and arterials. Not acceptable across public transit routes, Requires adequate sight distance and reasonable grade conditions. Parking restrictions usually necessary to create turn-around space at interior(s) of device. Turn-around maneuvers are extremely difficult if used with less than 36-foot curb-to-curb width. May require widening in turn area. prototype designs require site-specific customization. Minimum turning radius of 34 feet or not further than 150 feet from intersection. e Used singly or in combination with other devices in neighborhood diversion system. Normally requires assessment of effects in broad area circulation context, even if not intended as part of a neighborhood system, May require reconstruction/relocation of manholes, utility valves, drainage inlets and street monumentation and construction of additional fire hydrants. Requires emergency vehicle access features on key emergency service routes. Advantages/Other Considerations: Potential significant adverse effects on regularly routed services (i.e. refuse collection, school transit) and inconvenience to irregular services (i.e. parcel delivery, moving vans), especially because the turning circle routinely incorporated at the end of cul-de-sacs built in new subdivisions can rarely be developed in the retrofit ones. Design features can mitigate effects on bicycles and bikeways. Provides opportunity to reduce street crossings in pedestrian paths to schools, parks and community facilities as well as landscape opportunity. Objective with landscape is to create appearance that street traffic way never went through cul-de-sac area, Minimum Requirements: Prior to consideration, at least 66% (two-thirds) of residents living on the affected street must sign a petition voicing support for the device(s). Residents directly adjacent to the installation(s) must give permission for the installation(s). The petition must show all household addresses. (See Exhibit B Sample Phase III Petition.) e Cost (Typical): $10,000 in hardscape - $15,000 per installation in landscape (cost can vary significantly as result of site conditions). Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-22 e e e Cul-De-Sac 1 _ I With cul-de-sac at internal location, outstde traffic will wander into the neighborhood ond be trapped. With cul.de-sac al peripheral location, outside traffic is barred father than trapped. ...... Locol Iln Cul-de-sac at midblock may surprise vehicles trom both directions. Midblock treatments. best used only at land use transition points. Cul-de-sac on short block minimizes backing difficulties of large vehicles. II Locol BIBIBIBIBIBI .9 .9 .9 .9 .9 .9 CuI--de~8c on long block creates difficulties for large vehicles which may haw to back out. Figure 9a - Cul-De-Sac Location Implications. Figure 9b - Hardscaped Cul-De-Sac, Figure 9d - On N arrow Streets Cul-De-Sac May Necessitate Parking Restriction and or Spot Widening for Adequate Turning, Figure 9c - Landscaped Cul-De-Sac. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-23 . TRAFFIC CONTROL DEVICE - STOP SIGNS Description: A regulatory sign placed at intersections which requires drivers to come to a complete stop and assure that it is safe to proceed under the normal right of way rules before proceeding into the intersection. Objective: Control of right of way at intersections where there is reason to believe that the intersection does or would not operate within reasonable safety expectations ifleft to operate as an uncontrolled intersection under the general right of way law. Often this is because of factors that obstruct sight distance for vehicles entering the intersection from conflicting approaches. Neighborhood Traffic Applications: Residents often desire STOP signs as a remedy for perceived collision or pedestrian crossing dangers at intersections, as a traffic diversion device, or for speed control. Requests for neighborhood applications frequently become controversial for two reasons. First, traffic engineering practice normally requires objective evidence of need for right of way control, rather than just the perception of danger. Second, the use of STOP signs for diversion or speed control is contrary to traffic engineering evidence and opinion, which argues such STOP applications are ineffective for those purposes. Prerequisites, Limitations & Constraints: Warrants for STOP signs defined in the California Department of Transportation Traffic Manual should be followed at all intersections on streets designated arterials and maior collectors. These warrants are incorporated into this document . by reference, and are summarized below. Numerous California communities have found that the warrants in the Traffic Manual tend to emphasize the traffic flow function of arterial and major collector streets, and are unresponsive to the needs on residential streets. The following warrants, patterned after ones in use in other Bay Area communities, are to be used in evaluating appropriateness of STOP signs at residential intersections of local access streets or minor collectors with other local access streets. The warrants for installation of all-way stop signs on residential collectors or minor residential streets are satisfied if the following conditions exist: The total volume on the major (busier) street approaches is at least 2,000 vehicles per day, and the total volume on the minor street approaches is at least 900 vehicles per day, and at least one of the following conditions exist; I. When 20 or more elementary school children use the intersection going to or from school at a time when at least 300 vehicles (total from all approaches passing through the crosswalk) are in direct conflict with pedestrians; 2. When 20 or more elementary school children use the intersection at a time when the 85th percentile speed is at least 10 mph higher than the posted speed limit, and lower speeds at the intersection are necessary for pedestrian protection (speed measured at or very near the intersection, on the street crossed by pedestrians); . 3. When the 8-hour approach volume (total of both approaches) on the minor street is greater than 30% of the total 8-hour approach volume for all approaches, and the Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-24 e e e total 8-hour approach volume for all approaches averages at least 250 vehicles per hour; 4. When 3 or more accidents of types correctable by all-way stop control have occurred within a recent 12-month period. 5. proximity to land uses that generate significant cross-street pedestrian movement. 6. Other criteria as adopted by the City Council. Advantages/Other Considerations: Readily understood. Can be installed quickly and inexpensively. Ineffective as speed control device except within 200 feet of intersection (where it also has the undesired effect of increasing traffic noise), May have some effect on mid-block speeds of the very fastest drivers, while not affecting mid-block speeds of the vast majority of drivers. Ineffective as a traffic diversion device except where travel time using the short-cut route through the neighborhood offers only a small advantage over the travel time using the more appropriate route. Stop signs installed when warrant criteria are not met tend to be disregarded by many motorists. Minimum Requirements: Must satisfy Caltrans warrant criteria. Prior to consideration, representatives (owners or occupants) of a simple majority of the addresses with front or side frontage on the affected area in question must sign a petition favoring the installation. Alternate Devices: For right of way control: yield sign, traffic signal, occasionally circles. For speed control: traffic circle, undulations, enforcement are preferable. Diverters, semi-diverters, cul-de-sacs, median barriers, turn prohibitions and channelizations are preferable as diversion devices. Cost (Typical): $500 per intersection for 2-way STOP; $ 1000 per intersection for 4-way, Stop Signs I . I STOP Neighborhood Traffic Management Program January 21.2004 City of Saratoga Page C-25 . TRAFFIC CONTROL DEVICE - TRAFFIC SIGNALS Description: A traffic signal system installed at intersections assigns right-of-way to drivers at the various approach lanes by displaying a red, yellow, or green light. Objective: Control of right of way at intersections where there is reason to believe that the intersection does or would not operate within reasonable safety or congestion expectations if left to operate as an uncontrolled intersection under the general right of way law. Neighborhood Traffic Applications: Residents may desire traffic signals as a remedy for perceived crossing dangers at intersections, or for ease of access to or from a neighborhood. Prerequisites, Limitations & Constraints: Warrants for traffic signals defined in the California Department of Transportation Traffic Manual should be followed at all intersections These warrants are incorporated into this document by reference, and generally require a minimum volume of cars on the major and minor streets to demonstrate a net improvement in traffic operations with the traffic signal. Advantages/Other Considerations: Readily understood. Studies for installation of a traffic signal should typically occur independent ofa traffic calming study. Minimum Requirements: Must satisfY Caltrans warrant criteria. . Alternative Devices: Roundabout (large diameter traffic circle), sight distance improvements. Cost (Typical): $150,000 e Neighborhood Traffic Management Program January 21. 2004 City of Saratoga Page C-26 e e e GLOSSARY Access The ability to enter and/or exit a property, street or neighborhood; includes both ingress and egress ADT Average daily traffic, or the number of vehicles that travel a roadway in one 24-hour weekday period. Chokers and Bulb-Outs An extension of the curb towards the center of a street, either in the mid-block or at the intersection, used to narrow the roadway to slow traffic. Chicane An artificial curve added to an otherwise straight street. Cul-de-sacs Complete closure of the street, either at intersections or at mid-block, to completely block access from one end of a street_while allowing adequate turnaround. Diagonal Diverter Barrier placed diagonally across an intersection to convert the intersection into two unconnected streets to break up through routes. Forced Channelization Similar to diverter; used to force traffic to right or left. Grade A vertical incline; can be either uphill or downhill. ITE Trip Generation Handbook The Institute of Traffic Engineers (ITE) professional manual that compiles surveys of the amount of vehicle trips generated by land use type. Ingress and Egress The ability to enter (ingress) and exit (egress) a property, street or neighborhood, such as a driveway serving a parking lot. MUTCD Manual on Uniform Traffic Control Devices. Mid-block Any point between successive intersections along a street. NTMP Neighborhood Traffic Management Plan Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-27 e e e Necked Intersection Similar to a choker or a bulb-out placed at an intersection; used to narrow the intersection to slow traffic. One-Way Entrance and Exit Similar to a diverter; used to prohibit entrance or exit into or out of a street or neighborhood, Prima Facie Speed Limit The apparently obvious speed limit on a street with no posted speed limit, such as 25 miles per hour on a local resident street. Raised Medians They are used to control turning movements and provide pedestrian refuge. Roundabout These are similar to traffic circles but have splitter islands that prevent trucks from turning in front of the circle. Rumble Strips Patterned sections ofrough pavement, used as a means of attracting the driver's attention. Safe Stopping Distance Also safe sight distance. A distance of sufficient length such that a driver can avoid striking an unexpected obstacle on the roadway. Seml-Diverters Partial street closures which limit access to a street from one direction by blocking half the street. Speed Bump A raised pavement area across a roadway and generally has a height of three to six inches with a travel length of one to three feet. Speed Hump Also called "pavement undulations." They are raised pavement areas across a roadway and generally has a height of three to four inches with a travel length of 12 to 14 feet. Speed Survey A survey of vehicles performed with radar to determine the speed at which they are traveling. The 85th percentile speed is commonly used as the indicator of the appropriate roadway speed. Radar may be used to enforce a speed limit set with a radar survey. SpeedlWarning Signs Speed lirnit signs and signs warning motorists of traffic conditions such as speed humps or schools. Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-28 . e e Sight Distance The rnaximum distance at which a driver can clearly see an oncoming vehicle, a stopped vehicle or an obstacle in the roadway; this distance is often reduced by the vertical and horizontal alignment of a roadway. Traffic Calming A technique for reducing the speed and volume of traffic on residential streets that uses various traffic control devices. Traffic Circle Round raised islands placed at the center of an intersection. They are typically effective tools as intersection calming devices. Traffic Control Devices A general category of physical devices used to direct and slow traffic, such as speed humps or traffic circles. Undulation Also called "speed humps." They are raised pavement areas across a roadway that are generaIly 3 to 4 inches high with a travel length of 12 to 14 feet. VPD Vehicles per day Neighborhood Traffic Management Program January 21,2004 City of Saratoga Page C-29 E,yM1.{l;lT ~ ",'" ~ ~,o ",0 ~ ~ Pas eo Olivos ~ I.-"+' 'J~~ V~ cr. 'ti a:: .s ':; a Paseo Tierra -{! q, /f1 ~ j o..lf1 t Paseo Pueblo N Not to Scale Cox Ave. EI Quito North NTMP fp FEHR & PEERS TRANSPORTATION CONSULTANTS June 2004 1045-446 SITE AREA Figure 1 q,' ~ if '!S> ~'li r",'li o "," ~" .)' ..., 1f<}."J"v ",tV "v ,/ t 0 ~ 8? ili " ;:y ~~ N oil Not to Scale <:! t:! ;:.> ~ I : ~ ~ Q, ; T Q,trI ef Key: I- Average Daily Volumes = Weekday/Mid-WeeklSaturdaylSunday Speeds == Average/85th Percentile .L ::: Stop Sign ~ fP == Signalized Intersection FEHR & PEERS TRANSPORTATION CONSULTANTS June 2004 1045-446 q," ~ <<....0 q,0 ~ ~ ,/ <J!J.",'O Paseo i3-'O~"" 0 ;ltOlivos ""Ojo"" '\.~ <J!J."''' 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N ~ tn N ~ ;i ca ..- 0 CI) D- N N :;:: CI) :;:: - ~ c ~ 0 'c;; "C ~ Q) I.C) .- > ...-- :E '" 'C - >- ~ 0 0 t5 '" ...-- LL - 0 0 0 0 0 "0 a. -.::t ('f) N ...-- .!: - sal:>!Lla^ 10 aBe~ua:>Jad .~ "0 Q) 10 Q) ~ () LL 0 c.. Examples of Recommended Traffic Control Devices for EI Quito North NTMP Phase II Mid-block breakaway signs would display speed limit signs. ~; .. Reflector medians would contain double-yellow lines, pavement reflectors, and chatter bars. Pedestrian signs would follow current reflective coating standards. EXHIBIT C El Quito North NTMP Community Meeting Notes Tuesday, June 29, 2004 and Thursday, August 26, 2004 The following neighborhood residents attended one or both meetings: . Joan Faunce . Philip and Teresa McLean . Tricia and Helen Stanley . Dottie Kroll . Fonda Pallone . Terry Kiyama . Mark Johnson . Tom Clerkin . Rayin Lee . Dorothy Brookman . Kathy Marusic . Karen and Paul Mack . John Brookman . Vida Kenk . Gail and Harold Christensen Traffic Engineer Sohrab Rashid asked residents to indicate whether their specific traffic issues were more related to "speed" or "volume" or both. More than one "X" indicates more than one resident reported the activity. In addition, traffic issues not related to speed or volume were reported. Speed Volume P ASEO CERRO . 18-wheel trucks cut through; in particular "Papa Johns" . cut-through traffic in general a problem . @ Bucknall- school parking lot drivers don't stop and look XX X P ASEO PUEBLO X X . Similarity between street names is confusing for drivers . Higher volume and faster traffic noted on stretch between Quito and Paseo Presada; overgrown shrubbery at Paseo Presada PASEO FLORES . dangerous lefts out BUCKNALL (mid block) X X . acceleration to catch light . Crosswalk between Saratoga Ave. and Paseo Presada difficult to see; traffic doesn't stop BUCKNALL I PASEO PRESADA X X X . running stop sign . driver rage . some drivers "burn rubber" . has observed drivers who run over median, traffic goes wrong way -'-"~'''-'''''''' --,..,-~" ----....-..'.. EXHIBIT C COXlPASEO PRESADA INTERSECTION X X . running stop sign . has observed drivers who run over median, traffic goes wrong way PASEO OLlVOS X X . Lost north-bound traffic use driveway as turn-around X . X wI Bucknall- motor home blocking view; speed on Bucknall makes accessing difficult . sight distance obstruction COX (additional comments made) . Speed and noise of traffic . Cross walk at mid-block dangerous; can any actions be taken to improve safety? . The concrete structure at Paseo Presada and Cox blocks pedestrian sight . Collisions between drivers and those exiting Gene's Market PASEO PRESADA . Crosswalks difficult to see; located in strange spot = not at intersection ty:~t3rrD 'v /", ;\ .J.. ,,,;,,, >,~~~"", ',.:' ~"),, /1p \,._c :> d .~ L ."- .. ,f' ,:<" alrc) '/C;<i), ,-/' ,. ,/ .' "/' l'ij, .". ;,:. ',,~/ ",,' ",,/" " ,/'~."7 ,,' ,...@: ,,' .,.,(J /" :'0"':\ .. .' ',,~~,. ,:~.: '''''-::.':..-:< "" .ole'" ~ " ;-' <( / ?""./ ,:<, ",(1....0.. . i-B:' .' ""./ " -,' ". / ".. " "/ ;-:-:,.--./:,,/ -' " [' ",(1:' .. . ....rS~. .....~~... ./' :()"/ "D." >~ ., -, v .. -,<,- >^'-. ~~8.';;".... ". '~~~~.. .'& .#'. .,'$" )/f?~ . " " " _' I 'lJlr< /" ,/'> "',, ;:', ',,' ,. , ,.', ,-',- . 0" o Di;-( ( 9.,. .,Z "/ ';,,- IE :"5 I'f' Y;iJ ".' .", >.~~ " ,,-,'O,''.:':>-'! '-: > ~" : : ~/O~,A, I .' 'I " ,/ >" "~ ,{v0' (I);/"Bm(('<~ ,:~~~o' <:-11>1>/>-..#v"~"v (~) ,), , ,/ .'/ ' , '<-- "" ." ",,'.-'~"< ";.:/ '-. ~ " " 0>4 '~.. 'r. ,. C':1>/~ ~~ '<1 ~ ~",,//. /" "" < ,/ '- ~o'" .. .p. /._.{j.,'( (0$) , ';;:_,:Y 1 / -',' ~~__B. ,"/ , " <t ""'v.!Y d!'c}<i:' """," PASED. .X: ....,.. i {; , \[ '.1 B'): TIERRI!i ""'-r ."... ~'" ." rM!! I ""./,.:1>/ } '".. "1'""'_ .' PASEO ! B /\ ).' 0.''''.'' ."ry"1(RS' cii,t. ).... . '0: $ I PUEBLO I . I m 1 ,.. " '! ~ /C'\". [':" ").' ,< ,. AVE ../ i I' I' ffiJ .... PI KEY: New Guide Sign B 25 MPH Break Away Sign (Location to Determined) G Reflector Median W~h Chatter Bars iX' Enhance Crosswalks , ~ W~h Reflectors, etc. ~~ Reflectors and Stripe on Curve (J) Renew White Line on Quito Rd. lilT" No Truck Sign 1G.) $ Red Curb West of School Driveway ''D' Bots Dots to Direct \_~> Across Quito Rd. Watch for Pedestrian /"'~ Reduced Speed ~S) Ahead . Stop Sign . Signalized Intersection t BOBBIE AVE fP City of Saratoga Study Area EI Quito North NTMP FEIIR & PEERS. TRANSPORTATION CONSULTANTS Figure 1 February 11, 2005 -'~---'-'-"'~--'- ....__.__.__.._."_.._,._-~-,.....~ .-.." ._._._---~.~---.._..._...._..-._---_..,--~_.- trt\1 f) IT ~ Examples of Recommended Traffic Control Devices for El Quito North NTMP Phase II Mid-block breakaway signs would display speed limit signs, .~; 1-' Reflector medians would contain double-yellow lines, pavement reflectors, and chatter bars. Pedestrian signs would follow current reflective coating standards, RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR AN APPROPRIATION OF FUNDS FOR IMPLEMENTATION OF THE EL QUITO NORTH NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM OOSlTI= WHEREAS, the residents of Paseo Cerro and Bucknall initiated a Neighborhood Traffic Management Program (NTMP) for their streets; WHEREAS, the City of Saratoga has set aside $50,000 per year for five years starting in 2001- 02 for the Neighborhood Traffic Management Program; WHEREAS, the area bounded by Quito Road, Saratoga Avenue and Cox Avenue has come to be known as EI Quito North; WHEREAS, the City of Saratoga wishes to accept the Public Safety Commission's recommendation; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To allocate $9,000 for signs, paint and other traffic calming devices as shown on the final EI Quito North NTMP Plan; AND BE IT FURTHER RESOLVED, to adjust the City of Saratoga's Fiscal Year 2004-2005 budget for the appropriation of $9,000 for this project according to the following entry: 351-0201-622-40-10 Public Safety Traffic Calming $9,000 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of March, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk MEETING DATE: March 2, 2005 AGENDA ITEM: '-0 SARA TOGA CITY COUNCIL ORIGINATING DEPT: Recreation CITY MANAGER: &..::7~ DEPTHEAD: ~~ PREPARED BY: Joan Pisani SUBJECT: Facilities Five-Year Master Plan RECOMMENDED ACTION(S): Accept report and adopt Facilities Five-Year Master Plan. REPORT SUMMARY: For long term budgeting purposes, the City Manager requested that staff compile a list of needed improvements to City owned facilities. It was requested that the projects be spread over five years, and expenditures average $100,000 per year. In evaluating each project, it was determined that, ideally, many should be completed within the next two or three years, The five-year facilities master plan is designed to address the short term deferred maintenance in city facilities that has come about as a result of the recent recession and state appropriation of local revenues. The FY 2005-06 Budget will include an unfunded sinking fund for the purpose of segregating any funds that should be made available for facility maintenance projects from on going operations. At present, staff is recommending adoption of the master plan without funding, The source of funds for these projects are most likely to be from repayment of funds taken in FY 2003, 2004 and 2005 by the state to balance its budget. Listed below is a summary of most of the projects on the attached Facilities Five-Year Master Plan. . Roofing projects: The biggest expense is the re-roofing of City facilities. Many roofs are the original and are at end of their service life, We are constantly having roofers out to patch leaks, and areas in the middle field of the roofs where the HV AC equipment is located, is failing. The overhang in the courtyard at City Hall, near the Community DevelopmentlEngineering wing, is showing signs of wood rot, and is leaking and sagging. Total expense, spread over 5 years, is $221,000. . HV AC: Some units are over 30 years old and need to be replaced with newer energy efficient units. Also, two new wall mounted AC units on the south side of the Administrative wing are needed to correct a heat load problem. Total expense, spread over 5 years, is $92,000. . Floor Projects: In the hallway in the Community Development Department the sub- flooring is giving away, so this needs to be repaired. Carpeting in all city buildings, with the exception of the Administration/City Manager's wing, will need replacing within the next 5 years. Also, the flooring in the Community Center Multipurpose and Patio Rooms are 40 years old and will need replacing, Total expense, spread over 5 years, is $76,000. . Corp Yard Restroom: This restroom is currently 33 years old and needs new fixtures and updating, Cost: $20,000. . Painting: Within the next 5 years ahnost all the facilities at the Civic Center will need to be painted or stained. Total expense, spread over two years, is: $32,000. . Light fixtures: By changing out most of the current light fixtures the City will save money on their energy bill. While completing this project staff will take advantage of any PG&E rebates. Cost: $10,000. . Community Center Backyard: Years ago the Community Center backyard looked great and many people rented it for wedding ceremonies and events. For several years now it has fallen into disrepair and rarely has someone been interested in renting it, The concrete patio has cracked in several places, the irrigation system is the original and the grass, shrubs, and ground cover look terrible. If the backyard was improved there is a potential of generating more revenue. Total expense, spread over 2 years, is $37,000. FISCAL IMPACTS: Unfunded at this time, but sinking fund will be set up for FY 2005-10, in readiness for future funding availability. Funding needed is $100,000 per year, for five years, or lump sum appropriation to cover 5-year program. No funds are being requested at this time, CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): Deterioration of City owned facilities will continue and cause increased repair expenses in the future. ALTERNATIVE ACTlON(S): Approve some projects in the Five-Year Master Plan, FOLLOW UP ACTlON(S): Staff will follow up on direction given by City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Facilities Five-Year Master Plan. Facilities Five-Year Master Plan Fiscal year 2005-2006 Cost Project 7,000 Update the fire suppression and alarm system for the two ovens, Comm. and Senior Centers 18,000 Repair failed concrete in the back yard area of the Community Center 10,000 Improve and replace fixtures, lamps and ballasts in City buildings with energy efficient ones 15,000 Install two wall mounted AC units inside the south side ofthe Administration Building 24,000 Repair the wood rot in the roof overhang of the Community Development/Engineering building 14,000 Replacement of one HV AC units at the Community Development building 5,000 Install a roof ladder and safety cage for the Theater roof hatch 7,000 Sub-flooring repairs and carpeting replacement in Community Development hallways 100,000 Total Fiscal year 2006-2007 Cost Project 15,000 Replace the worn carpeting in the Community Center halls and offices 7,000 Design specifications for the Community Center, Senior Center and Senior Adult Care re-roof 19,000 Landscaping improvements in the back area of the Community Center 1 I ,000 Paint the outside of the Community and Senior Center building 20,000 Remodel the large Restroom in the Corporation Yard building 15,000 Replacement of one HV AC units at the Community Development building 13,000 Paint the outside of the Community Development/Engineering building and Theater 100,000 Total Fiscal year 2007-2008 Cost Project 80,000 Re-roofthe middle roof area of the Community Center 8,000 Paint the outside of the Corporation Yard building 12,000 Replace one of the five older rooftop HV AC units over the Community Center 100,000 Total Fiscal year 2008-2009 Cost Project 15,000 Replace the worn carpeting in the Community Development/Engineering offices 6,000 Design specifications for the re-roof of the Community Development/Engineering building 55,000 Re-roofthe Community Development/Engineering building 24,000 New VCT flooring in Community Center Multipurpose Room and Patio Room 100,000 Total Fiscal year 2009-2010 Cost Project 15,000 Replace the worn carpeting in the Senior Center halls and offices 49,000 Re-roofthe Senior Center and Senior Adult Care areas 15,000 Replace one of the five older rooftop HV AC units over the Community Center 21,000 Replace the two heater units in the Multipurpose Room of the Community Center 100,000 Total 500,000.00 Total Five Year SARA TOGA CITY COUNCIL ORIGINATING DEPT: Public Works CITY MANAGER: DEPT HEAD: ~"^- ~- John Cberbone 1 vJ/7 MEETING DATE: March 2, 2005 AGENDA ITEM: PREPARED BY: John Cherbone SUBJECT: Assistant Engineer Vacancy RECOMMENDED ACTION(S): Staff recommends that City Council designate the Assistant Engineer position as "essential" and authorize the City Manager to fill the vacancy. REPORT SUMMARY: On Friday, February 18, 2005, Assistant Engineer Morgan Kessler submitted his letter of resignation effective May 19, 2005. He has accepted a position with the City of Pres colt Arizona. The Assistant Engineer performs a variety of duties including: C.I.P. and Infrastructure Project Management, Pavement Management Program (pMP) Implementation, Encroachment and Heavy Load Permit Issuance, Utility Coordination, Congestion Management Projects, Traffic Light Coordination, and a myriad of other Engineering responsibilities. FISCAL IMPACTS: If the position is filled, no additional staffing costs will be incurred since the position is funded in the current budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The position will not be filled. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staffwill implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 20f2