HomeMy WebLinkAbout04-21-2004 City Council Agenda PacketAGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
APRIL 21, 2004
OPEN SESSION - 5: 30 P.M.
JOINT MEETING WITH PARKS AND RECREATION COMMISSION
VOLUNTEER RECOGNITION RECEPTION - 6:30 P.M.
REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
MAYOR'S REPORT ON CLOSED SESSION
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
April 15, 2004)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the Council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
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. Recommendations from Boards and Commissions requiring City Council
approval are considered as independent agenda items.
Report from the Pazks and Recreation Commission
Report from the Vision AdHoc Committee -accept report and provide direction.
Written Communications
None
ARCHIVE COPY
Oral Communications -Council Direction to Staff
Instruction to Staff regarding actions an current Oral Communications.
ANNOUNCEMENTS
There are ten vacancies on the Youth Cormission, two vacancies on the Parks and
Recreation Cormission and one vacancy on the Public Safety Commission. Deadline to
submit an application is Apri130, 2004 by 5:00 p.m. Applications and information can
be found at www.sazatoea.ca.us or call the City Clerk's office at 868-1269.
CEREMONIAL ITEMS
lA. Proclamation Declaring the Month of June 2004 "Sclerodenna Awareness
Month"
Recommended action:
Acknowledge proclamation.
1B. Proclamation Declaring the Week of April 18 - 24, 2004 "National Volunteer
Appreciation Week"
Recommended action:
Read proclamation.
SPECIAL PRESENTATIONS
2A. Status of VTA Reorgani2ation -Joe Pirzinski, Boazd Vice Chair
Recommended action:
Informational only.
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 ar 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. City Council Minutes -Special Meeting Apri19, 2004
Recommended action:
Approve minutes.
3B. Review of Check Register
Recommended action:
Approve check register.
2
3C. Zoning Ordinance to Create Mixed Use Standazds
Recommended action:
Grant second reading and adopt ordinance.
3D. Resolution Approving an Appeal of a Planning Commission Decision to
Conditionally approve Design Review Application No. 03-269 to Construct a
302.5 sq. ft. Addition to a Home at 14403 Sobey Road
Recommended action:
Adopt resolution.
3E. Resolution Supporting VTA's recommendation of a Southern Gateway into the
Bay Area for the Proposed California High-Speed Rail System
Recommended action:
Adopt resolution.
3F. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 04-OS
Recommended action:
Adopt resolutions.
3G. Contract Renewal for Street Sweeping
Recommended action:
Approve one-year extension with Los Altos Gazbage Company.
3H. Transportation Development Act (TDA) Article 3 Application for the Quito Road
Sidewalk Project
Recommended action:
Adopt resolution.
PUBLIC HEARINGS
None
OLD BUSINESS
4. Budget Status Report
Recommended action:
Accept report and direct staff accordingly.
NEW BUSINESS
5. Commission Recognition Dinner
Recommended action:
Accept report and direct staff accordingly.
6. Village Fapade Improvement Program
Recommended action:
Accept report and direct staff accordingly.
7, Wildwood Pazk Water Feature
Recommended action:
Authorize City Manager to enter into a Professional Design and Building
Agreement with Inter Play Design.
$, Report on Costs Incurred for Abatement at 14660 Quito Road, Sazatoga California
(ESCAMILLA - APN 407-14-004)
Recommended action:
Confirm the report on Costs of Abatement Incun•ed for the Abatement of Nuisance
at 14660 Quito Road; adopt resolution confirming report and authorizing special
assessment and other actions for recovery.
AGENCY ASSIGNMENTS
Mavor Ann Waltonsmith
Hakone Foundation Liaison
Santa Clara County Cities Association
Sazatoga Historic Foundation
Sister City Liaison
Vice Mavor Kathleen King
Chamber of Commerce
County Cities Association Legislative Task Force
SASCC Liaison
Valley Transportation Authority PAC
Councilmember Stan Bogosian
County HCD Policy Committee
Emergency Planning Council
KSAR Community Access TV Boazd
Northern Central Flood Control Zone Advisory Boazd
Councilmember Norman Kline
Association of Bay Area Government
Library Joint Powers Association
Peninsula Division, League of Califomia Cities
SBDC (Unofficial)
Councilmember Nick Streit
Santa Claza County Valley Water Commission
Silicon Valley Animal Control JPA
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
OTHER
ADJOURN TO CLOSED SESSION
CLOSED SESSION -ADMINISTRATIVE CONFERENCE ROOM, 13777
FRUITVALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CALL MEETING TO ORDER
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager &
John Cherbone, Public Works Director
Employee organization: SEA
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager &
Tom Sullivan, Community Development Director
Employee organization: Non SEA Members
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Dave Anderson, City Manager
Employee organization: SMO
ADJOURNMENT
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 Posing 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 on April 15, 2004
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 www.saratoea.ca.us
Signed this 15`~ day ofApri12004 at Saratoga, California.
Cathleen Boyer, CMC, City Clerk
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2004
5/5 Regular Meeting -Joint Meeting with Youth Commission
5/19 Regular Meeting - Joint Meeting with Public Safety Commission
6/2 Regular Meeting - Joint Meeting with Hakone Foundation
6/16 Regulaz Meeting - Joint Meeting with Friends of the Saratoga Library
7/7 Regular Meeting - Joint Meeting with Library Commission
7/21 Regulaz Meeting
g/4 Regular Meeting
g/lg Summer Recess
9/1 Regular Meeting
9/15 RegulazMeeting
10/6 Regulaz Meeting
10/20 Regulaz Meeting
11/3 RegalazMeeting
11/17 Regulaz Meeting
12/1 Regular Meeting
12/15 Regulaz Meeting -Council Reorganization
6
AGENDA
CITY OF SARATOGA
CITY COUNCIL
SPECIAL MEETING
APRIL 23, 2004
ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE
AVENUE. SARATOGA CALIFORNIA
CALL MEETING TO ORDER - 8:45 A.M.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly
posted on April I5, 2004)
1. BUDGET STUDY SESSION
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 Posing 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 on April 1 S, 2004
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 www.sarato ae ca.us
Signed this IS`~ day of April at Saratoga, California.
Cathleen Boyer, CMC, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGE it
PREPARED BY: Jesse Baloca~ DEPT HEAD: _
SUBJECT: Vision Ad Hoc Committee
RECOMMENDED ACTION(S):
1. Approve Committee's recommendations and proposed timeframe. (Attachment E.)
2. Direct staff to schedule a community forum (before May 28a') that determines the level of
support for the Committee's recommendation.
3. Authorize the distribution of information (via mailer) to the community that summarizes the
Committee's findings and recommendations.
REPORT SUMMARY:
On October 28, 2003, the City held their second special meeting that included community
discussion of city infrastructure and began the visioning process for the City of Sazatoga. The
first meeting included discussion of city-owned properties and was held on September 23, 2003.
During discussion of the October 2003 meeting, two issues were separated: the cost of ongoing
maintenance, and the one-time cost of facilities and improvements. A motion was approved
allowing the Mayor to establish a subcommittee to review, and evaluate various revenue options
and the cost of maintenance and infrastructure needs of the City.
The Vision Ad Hoc Committee's findings and recommendations are included in the attached
report.
FISCAL IMPACTS:
To be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A.
ALTERNATIVE ACTION(S):
N/A.
FOLLOW UP ACTION(S):
To be determined.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Based on approval of recommended action.
ATTACHMENT(S):
Vision Ad Hoc Committee Report
2of2
Vision Ad Hoc Committee
1. Direction from Council
On October 28, 2003, the City held their second special meeting that included community
discussion of city infrastructure and began the visioning process for the City of Saratoga.
The first meeting included discussion of city-owned properties and was held on
September 23, 2003. During discussion of the October 2003 meeting, two issues were
separated: the cost of ongoing maintenance and the one-time cost of facilities and
improvements. A motion was approved allowing the Mayor to establish a subcommittee
to review and evaluate various revenue options and the cost of maintenance and
infrastructure needs of the City.
2. Fact Finding and Background
Revenue Decline
In the early 1990's, when the State found itself in a similaz deficit situation, the State
began shifting property tax dollars from local governments to a separate pool known
as the Education Revenue Augmentation Fund (ERAF) to meets its Proposition 98
requirements, which dictates the level of education that must be funded. Since then,
the State has been directing the County to increase this level of fund shifting and has
produced a total ERAF loss to Sazatoga of $706k. The Governor's proposed budget
for fiscal yeaz 2004/05 would shift an additional $157k of Saratoga property tax
dollazs per year to ERAF. Although there have been some giveback such as the $100k
COP grant for supplemental law enforcement and Proposition 172 funds
(approximately $90k in 2003) to assist with the cost of public safety, Sazatoga
continues in suffer a significant decline to its revenue base.
During the mid-1990's, the City was also hit by the loss of its 3.5% utility users tax
and an equal amount of tax equity allocation (TEA). The combined loss was
estimated at approximately $1.46 million, per year. Fortunately over the yeazs, the
significant growth in assessed valuations has reduced the significance of the property
tax loss. In 2001, with the passing of the City's library general obligation bond, the
full amount of TEA was restored.
Recessionary conditions over the last few years have also added to the City's decline
of revenues. Sales tax revenues are approximately 13% of the City's 2003/04 general
revenues. Over the past two years the City has seen a 17% decline in sales tax dollars
and expects an additional 7% decline compazed to prior year revenues. With the
combination of economic decline and recent state budget process takeaways, the City
has continued its ongoing operations by consolidating existing positions and deferring
investment in infrastructure, and facilities and equipment replacement, maintenance
and repair.
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The accumulated effect of the City's revenue erosion, detailed above, has not allowed
the City to maintain upkeep of its infrastructure, capital assets and the increased costs
of operations.
Revenue Enhancement Alternatives
The City reviewed vazious alternatives for effectively addressing the deferred costs of
its fixed assets and the enhancement or maintenance of operations. New revenue
alternatives reviewed by the Committee include (1) adjustments to current fees, which
are reviewed annually as part of the City's budget process; (2) the addition of new
taxes; and/or (3) the addition of new fees. The Committee took into consideration the
voting requirements for a new fee or tax (by Council or election), its ability to be
justified to the community for specific or general purpose reasons, the benefits to the
community, and the potential revenue that could be generated.
The following is a highlight of possible revenues reviewed by the Committee:
Utility Users Tax (UUT): The UUT is avoter-approved tax applied on a percentage
basis to the consumer revenue generated by the utility consumer. Sazatoga had a
previous electric and gas UUT of 3.5%, which ended after 1996.
Pros -able to provide the greatest amount of ongoing revenue, based on consumption,
very common with other cities, flexible timeframe, ability to apply discounts or
exemptions to elderly and low-income residents.
Cons - a consumer tax and doesn't provide a tax benefit to homeowners, requires an
election, utility providers may resist implementation.
The following chart projects the potential revenues that could be generated if the City
were to implement a flat UUT on various utilities:
City of Saratoga -Potential Revenue Generated from UUT
$6,000,000 -~~
$5,000,000 ',
$4,000,000 a
$3,000,000 +---
$2,000,000 ~_--..
$fi53,118
$1,000.000 -i
$ i 1%UUi
Cable $45,600
Water ~ $88,740
I®Gas & Electric ~' $318,778
$1,959,353
as,zza,sao
-
_-3%Ulli --
I~
3.5%UUi --
4%UUi
__5%UUr ~
g%U I
$136,800 ._
~' $159,600 j .
$182,400_. $228,000 1 $364,800 _'
$266,220 ~ $310,590 ~'~ $354,960 $443,700 $709,920
$600,000 I, $700,000 'i $800,000 $1,000,000 $1,600,000
c°5a333 $1.115,721 $1,275,110 '_ $1,593,888 ', $2,550,220.
Parcel tax: Pazcel taxes are typically assessed at the same amount per parcel (flat tax)
but may also be assessed on a graduated basis, according to zoning or assessed value.
C:AMyDocuments\JesseAVision Ad HocAVision Ad Hoc Committee (1).doc Page 2 of 6
Pros -General or specific purpose, flat or graduated tax, tax deductible
Cons -two-thirds majority vote required, limited term, and doesn't generate a
sufficient amount to meet the City's needs.
There aze approximately 12,000 parcels in Sazatoga, including possible senior
exemptions. The following chart illustrates the potential revenue that could be gained
by a parcel tax.
Potential Revenue Generated From Parcel Tax
Based on 12,000 Parcels
$2,500,000
$2,040,000
$2,000,000
$1,560,000
$1,500,000
$1,020,000
$1.000,000 $600,000
$500,000
$50 per Parcel $65 per Panel $130 per Parcel $170 per Parcel
Redevelopment Agency: Upon completion of the new development within an
established redevelopment area, the City would collect the tax difference between the
newly assessed valuation and the old valuation, less prescribed pass-through payments
'- made to other entities (i.e. county, school district). City is currently investigating
feasibility and has approved funds for a consultant study.
911 Fee: The 911 fee would be imposed on local telephone bills for the purpose of
recovering the operating and capital cost incurred by 911 communication centers. The
rate of fee is applied to the consumers' cost for a telephone access line or trunk line
fee. The City is currently researching and reviewing the implementation by other
neazby cities and agencies.
Others revenue enhancement options discussed but considered unsuitable for Saratoga
at this time: landscape lighting district, franchise tax, Mello-Roos, pazking tax,
business tax. (See Attachment A for more information.)
Saratoga Demographics
The Committee studied the change in Saratoga demographics to best determine the
needs of the Community. Although population has grown modestly over the last ] 0
years, from 28,061 in ] 990 to 29,855 in 2000, the make-up of race has changed
significantly. For example, Asians were 4.5% of the population in 1980, 14.9% in
1990 and 29.1 % in 2000. In the most recent US Census, Chinese represented 62.4%
of the Asian population followed by Asian Indians who represent 13.8% of the
Saratoga Asian population.
C:\MyDocuments\Jesse\Vision Ad Hoc\Vision Ad Hoc Committee (1).doc Page 3 of 6
The Committee discovered that the majority of population growth occurred in the
under 24 and above 55 age groups, and that 67.1 % of Saratoga households had a 1999
income above $100k. From this data, the Committee concluded that the majority of
households could likely afford an additional revenue source proposed by the City and
that input from the Asian Community would be beneficial. (Attachment B.)
Ballot Measure
Timing was found to have a large influence over the amount of resources invested for
a potential ballot measure. The Vision Committee concluded that any potential ballot
measure should be planned for the November 2004 election in an effort to minimize
cost.
Dwing an election year where there are also two Council seats open for a vote, the
City's cost for a November 2004 election is close to $63k. If a ballot measure were
presented during anoff-Council vacancy year the cost of a November 2005 election is
approximately $156k. The cost of a March 2005 special election for one measure is
an estimated $220k. The above costs do not include printing chazges. (Attachment
C.)
3. Discussion and Analysis
Review Citv needs and current deferrals
The Committee also conducted a review of the Minimum and Enhanced services that
are currently provided by the City. After much discussion it was determined that the
delivery of current services should remain the same and that any revenue enhancement
obtained should be used to fund deferrals and possibly the maintenance of ongoing
operations.
According to an assessment of City infrastructure, as prepared by the Department of
Public Works, the City's annual operating need for maintaining existing infrastructure
is approximately $2.73 million. The City is currently operating with an annual
shortfall of $1 million, which includes $850k for street maintenance and repair, and
$150k for sidewalks, curbs, and gutters. The current backlog of deferred infrastructure
maintenance was determined to be approximately $16.6 million, with $10.5 million of
that amount attributed to the deferred maintenance of City streets.
Every few years, the condition of city streets is physically assessed in order to measure
their condition to a defined level based on 100 percentile. The City's policy is to
achieve an average rating of 70 for all streets, which is considered a rating of"good."
Data gained from the street assessment are entered into a computer model to determine
the level of deferred maintenance from its assessed condition to 100%. This model is
how the estimated deferred maintenance of $16.6 million was determined. Over the
past few years, the City has been able to maintain its policy rating slightly above 70%
by boosting its pavement management program (PMP) with Measure B funding.
However, since that funding source has diminished, the level of PMP has also
diminished, contributing greatly to the current operating shortfall explained above.
(Attachment D.)
C:AMyDocuments\JesseAVision Ad HocAVision Ad Hoc Committee (1).doc Page 4 Of 6
In addition to the need for addressing deferred maintenance, the fiscal year 2004-5
budget is expected to utilize one-time revenue sources in order to balance. In addition
to challenges received by the State's budget process, the existing cost of operations
has increased significantly. Most notably, the City's current contract with the
Sheriff s Office would need to increase approximately $SOOk to maintain existing
levels of service.
At this time, the Committee has agreed that street maintenance and law enforcement
are the greatest needs of the community, and other deferred maintenance is secondary.
Revenue Source and Community Support
In order to fund the magnitude of deferrals and ongoing costs of law enforcement, the
Committee weighed the impact of all possible revenues and determined a flat UUT to
be the best new revenue option for the following reasons:
• Common with other Cities;
• Provides the single greatest source of revenue that would support the City's
assessed needs;
• WT was a previously approved revenue source of the City;
Flexible with timeframe and allows the option to be tailored for sunset
approval in the future;
• Allows exemptions to disadvantaged groups such as low income and elderly;
• Allows future study and the possible opportunity to provide rebates or the
reduction of the tax rate;
• Is a more fair tax that is based on consumption; and
• Is based on community buy-in and acceptance through a ballot measure
process.
4. Conclusions and Recommendations
In summary, the Committee is recommending the following revenue enhancement for the
November 2004 ballot:
Alternative #1
Assess a 5% flat UUT on cable, water, telephone, and gas and electric utilities, which
would generate an approximate $3.265 million annual revenue enhancement
designated for the following:
• $2 million PMP funding;
• Approximately $SOOk to maintain current service levels provided by the
County Sheriff's Office; and
• Approximately $765 to fund CIP and address City deferred maintenance.
Alternative #2
Assess a 4% flat UUT on the utilities described in alternative #1, which would
generate an additional $2.6 million annual revenue enhancement. This choice would
C:AMyDowmentsVesseAVision Ad HocAVision Ad Hoc Committee (I).doc Page 5 of 6
reduce the PMP funding from $2 million to $1.4 million and require the ongoing
current general fund contribution of $600k towards the PMP.
The Committee seeks the following from the City Council:
Approval of the Vision Ad Hoc Committees recommendations and proposed
timeframe. (Attachment E.)
Direction to hold a community forum (before May 28`h) that determines the level
of support for the Committee's recommendation.
Authorize the distribution of information (via mailer) to the community that
summarizes the Committee's findings and recommendations.
C:AMyDocaments\JesseAVision Ad HocAVision Ad Hoc Committee (1).doc Page 6 Of 6
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Potential Revenue Enhancement Opportunities
Utility User Tax is applied on a percentage basis to the consumer revenue generated by the
utility consumer. UUT's are voter-approved taxes. Currently, Saratoga only collects negotiated
franchise fees from the following utilities: cable (5%), garbage (10%) and water (1 %). Below is
a UUT comparison between other nearby cities.
Utility User Rate Comparison
GasrElectric C bl Water Telephone
Cupertino 2.4Yo - - 2.4%
Gilroy 5.0% 5.0% - 5.0°h
Los Altos 3.5% 3.3% 3.5°h 0.0%
Milpitas - - - -
Morgan Hill - - - -
Mountian View 3.0% - - 3.0°h
Pab Alto 5.0% - 5.0% 5.OY°
Sarat a - -
(Saratoga's prior gas and electric UTT was 3.5%).
The following chart projects the potential revenues that could be generated if the City were to
implement a flat UUT on the above utilities:
Clly of Saratoga -Revenue Generated from UUT
$6,000,000
55,224,840
$5,000,000
$4,000,000
$3,000,000
$1,959,353 $2,205,911
$2,000,000
5853,118
$1,000,000
$ 1°k UUT 3°k UUi 3.5%UUT 4% UIJr 5°k UUT 8% UUi
^Cable $45,600 $136,800 $159,800 $182,400 $228,000 $364,800
^ Water $88,740 8266,220 $310.590 $354,960 $443,700 8709,920
^Telephone $200,000 $600,000 5700,000 $800.000 $1,000,000 $1,600,000
® Gas 8 Electrk $318,778 $956,333 $1,115,721 $1,275,110 $1,583,888 $2,550,220
The following chart projects the potential new revenue that could be generated if the City were
to implement a gas and electric utility user tax. (Data currently excludes any typical discounts
given provided to low income and elderly residents).
Revenue Generated From UU7
Based on 2003 Power and Gas lJSepe
~.~.~
52,550,220
$2.500.000
52,000,000
57,583,888
E1,SOO,OOD
51,006,749
51,000,000
5318,778
5500.000
S
1 %UU7 3.15% UUT 5% UUi B% UUT
C:~IvfyDocumentsUesse~ivlonthly-QtlyU2evenues~new revenues.doc 4/16/2004
The following chart projects a cable UUT based on taxable revenue of $380,000/monthly:
Revenue Generated from Cable UUT Revenue
$aoo,ooo
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$asa,aoo
The following chart projects a water UUT based on estimated 2003 annual revenue of
$8,874,000:
Revenue Generated from Water Utilky User Tax
$eoo,ooo
$700,000
$500,000
$500,000
$aoo,ooo
$300,000
$200,000
$100,000
$-
spas s2o
Proposed Tax Rates
The following chart projects a telephone UUT based on estimates provided by the City's sales
tax auditors:
Revenue Generated From Telephone Utility User Tax
$1,500,000
$1,000,000 ^Cellular Revenue
~V~Fred Reverwe
$500,000
1% 3% 5% 8%
^CelWlar Reverure Sa0,000 E180,000 Eaoo,o0o Eda0,000
~lAhred Revenue E140,000 E420,000 E700,000 E1,120,000
Proposed Tax Rates
Nate: Data source is MBIA Muni Services. Based on intrastate, interstate and international
Parcel Tax Although Prop 13 established property taxes statewide at 1 % of assessed value, it
also gave local governments the ability to levy a tax on parcels. Unlike a General Obligation
Bond, which needs a 55% majority vote, a parcel tax must pass by atwo-thirds majority of
voters. A parcel tax can be used to supplement general fund revenue or purpose specific.
C:\MyDocumentsUesse\Monthly-Qtly\Revenues\new revenues.doc 4/14/2004
1% 3% 5% 8%
1°h 3% 5°~ B°~
Parcel taxes are typically assessed at the same amount per parcel (flat tax) but may also be
assessed on a graduated basis, according to zoning or assessed value. In comparison to a
bond, a parcel tax has a shorter duration such as 5 years (similar to a UUT) and must be
renewed to stay in place after that time.
There are approximately 12,000 parcels in Saratoga, including possible senior exemptions. To
raise $1,000,000, each parcel would be assessed $85 per year. To raise $2,000,000, each
parcel would be assessed $170.
Revenue Generated From Parcel Tax
BeseO on 12,000 Parcels
E2,50o,000
a2,oao,ooo
E2,oao,ooo
si.seo,aoo
E7.500,000
E7,020,000
E7,000,000
5500,000 ~~
i
E50 per Parcel 585 per Parch E730 pm Parcel E170 per Panel
Mello-Roos District A Mello-Roos District is an area where a special tax is imposed on those
real property owners within a Community Facilities District. This district would seek public
financing through the sale of bonds for the purpose of financing certain public improvements
and services. Saratoga services may include Police protection, recreation program services,
the operation and maintenance of parks, parkways and open spaces, museums, cultural
facilities, flood and storm protection to newly developing areas. Since financing is by bond
issuance, constructed or improved facilities typically have a useful life greater than 5 years.
The tax paid is used to make the payments of principal and interest on the bonds and collected
through the County property assessment process. The "Mello-Roos Community Facilities Act of
1982 provided local government with an additional financing tool, thereby passing around Prop
13 tax limits. In comparison to property taxes that are based on the value of the real property,
Mello-Roos taxes are equally and uniformly applied to all properties, usually determined by lot
size or square footage of the home, not the value of property.
911 Tax The 911 tax imposes a fee on local telephone bills for the purpose of recovering the
operating and capital cost incurred by 911 communication centers. The rate of tax is applied to
the consumers cost for a telephone access line or trunk line fee. Recently, ten Santa Clara
cities have formed a task force for developing the potential fee revenue. More information will
be provided in the future.
Redevelopment Agency In accordance with California redevelopment laws, Saratoga would
identify and establish project areas with the adoption of redevelopment plans. The agency
works with developers, property owners and businesses to develop new projects and
rehabilitate and/or expand existing developments. This public/private joint venture may involve
the construction of new infrastructure and/or the assemblage of land or alternatives for project
C:UvlyDocumentsUesseuvlonthly-Qt1y~Revenues~new revenues.doc 4/14/2004
financing.
Once a redevelopment program is approved, the existing tax rate of the project area is
considered frozen. Upon completion of the new development, the City would collect the tax
difference between the newly assessed valuation and the old valuation, less any agreements
made with other entities (i.e. county, school district). Currently, the City has approved the cost
of a consultant study.
City-wide Landscape and Lighting District The City's approximate 12,000 parcels could be
divided into the annual budget for Medians and Parkways ($183k) and Parks and Open Space
($922k) budget to determine a cost of $92 per parcel
4/14/2004
C:~IvlyDocumentsUesseuvlonthly-Qt1y~Revenues~new revenues.doc
ATTACHMENT B
City of Saratoga -General Demographic Information
Total Populatio o 6 000 Census
0.1% 2.3°k
7.3°k 0.2%
0.4%
e Asian ®Black or African American
®Anerican hdian and Alaska Native O Vshite
^ Hawaiian and Pacific Islander a Some other race
^ Tw o or rrore races
r%
eAsian mBlackaAfricanArrerican
®American hdian or Alaska Native ^ WhAe
^ Haw aiin and Pacific islander a Other race
1980 Census: 93.9% of population is White and 4.5% is Asian.
Asian Popluation 1990 and 2000 Census
6, 000
5, 000
4, 000
3, 000
2, 000
1,000
®1990
® 2000
• From 1990 to 2000, Chinese population increased by 2,919 people; and now represents
62.4% of the Asian Population and 18.2% of the total population.
From 1990 to 2000, Asian Indian population increased by 854 people; and now
represents 13.8% of the Asian population and 4.0% of the total population.
4/14/2004
Page 1 of 3
Saratoga Demographics
Total Population 1990 Census
\~~ r~ ~g~ ~~ ~o Sa ~
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2000 Census Populatlon by Age
s,ooo ~
5,000
4,000
3,000
2,000
1,000
8,000 i
1990 Census Population By Age
7,000
6,000
5,000
4,000
3,000
2,000
1,000
n
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• In 1990, Under 24 year olds represent 27.9% of the population compared to 30.0% in 2000.
• In 1990, 25 to 54 year olds represent 45.0% of the population compared to 41.3% in 2000.
• In 1990, 55 years old and greater represent 27.1% of the population compared to 28.7% in 2000.
Nativity and Place of Birth 1990 and 1000 Census
6,000
5,000
4,000
3,000
2,000
1,000
0
®1990 ~ 2000
Region of Birth of Foreign Born Persons 2000 Census
Saratoga Demographics Page 2 of 3 4/14/2004
Natite Forego Bom
Europe Asia Africa Oceania LaAin Nxthern
America Anerica
School Enrollment 1990 and 2000 Cenws
Person 3 Years and over Enrolled in School
~,~,
6,000
5,000
4,000
3,000
2,000
1,000
a
perry School Bemeniary or Ngry Scrgd Colege or Graduate School
~ 1990 02000
Family Household Income 1990 and 2000 Cenws
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4,000
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Saratoga Demographics Page 3 of 3 4/14/2004
ATTACHMENT C
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ATTACHMENT D
CITY OF SARATOGA
SERVICE DELIVERY OPTIONS
Minimum Services
1. Police -two patrol beats (Contract)
2. Fire (performed by Fire District)
3. Public Works:
^ Traffic -Traffic signals and engineering
^ Streets -pavement management, pothole patching, striping
^ Storm -sewer system
^ Landscaping and Lighting
^ Pazks -passive use-minimal maintenance
^ Garbage Collection
^ Parking Districts
4. Anima] Control (Contract)
5. Development Regulation and Control:
^ Design review
^ Plan check /Permits
^ Building inspections
^ General plan /Zone maintenance
6. Administration Support
^ Payroll
^ Purchasing
^ Human Resources
^ Budget Development
^ Financial Reporting /State & Agency Reporting
^ Accounts Payable /Accounts Receivable
^ IT
City Manager's Office
^ Clerk and Elections
^ Emergency Preparedness
8. Library Services (City-owned property/building-County library district operates)
Enhanced Services
^ Recreation (100% fee recovery)
^ Facilities -maintained for active use (some costs offset by rentals)
^ Police - 3 Traffic officers, 1 school resource officer
^ Traffic -Neighborhood Traffic Mitigation Program (NTMP)
^ School Crossing Guazds
^ CIP Projects
^ Economic Development/Redevelopment
^ Parks -Maintained for active use
^ Arts
^ Special Events -Mustard Walk, Art in the Pazk
^ Web-based Information and Services
^ Sidewalk Repairs by City of Saratoga
^ Outside Agency Support: Chamber of Commerce, Senior and Adult Care
Centers, KSAR and Hakone Gardens
Page - 1 -
State and Federal Mandates
^ Recycling
^ Brown Act
^ Street Sweeping and other C3 Regulation Compliance
^ General Plan, Housing Element
^ ADA Access
Page-2-
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SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004
AGENDA ITEM: I
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~G~ -~---
PREPARED BY:
DEPT HEAD:
SUBJECT: Proclamation -Declaring June 2004 as "Scleroderma Awareness Month"
RECOMMENDED ACTION:
Acknowledge proclamation.
REPORT SUMMARY:
None
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
City Clerk will mail proclamation to Mary Lou Hughes, Co-Chairperson, Bay Area Scleroderma
Support Group, 9710 Rock Canyon Circle, San Jose, CA 95127.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Scleroderma Fact Sheet
Attachment B -Letter from Mary Lou Hughes
Attachment C -Proclamation
Mary Lou Hughes, Co-Chairperson
Bay Area Scleroderma Support Group
970 Rock Canyon Circle
San Jose, CA 95127
(408) 926-4314
FAXED TO:
ATTENTION:
March 15, 2004
Mayor
City of
We would like to request a Proclamation from your city that declares the month of June as
"Scleroderma Awazeness Month."
I have attached a copy of your Proclamation from 2003 or sample wording for the Proclamation.
We would greatly appreciate your support in providing a Proclamation so that we can use it in
our awareness campaign and fund raising efforts. Last year, our efforts produced $40,000, the
profits of which were donated toward research on Scleroderma.
In an effort to increase awareness about the disease, the Pleasanton Lions Club and the Bay Area
Scleroderma Support Group are participating in a national campaign to proclaim the month of
June as "Scleroderma Awareness Month." We have various events planned, including a golf
tournament and dinner on Friday, June 25, 2004, at Las Positas Golf Course in Livermore. You
aze cordially invited to participate.
Also attached is a brief fact sheet about Scleroderma.
Please mail the Proclamation to my home address in San Jose (listed above). If possible, we
would like to have the proclamation by Mazch 30`x' so that we may include it with our fund
raising and Scleroderma Awareness documents.
Thank you for your support. If you have any questions, please call me at (408) 926-43 ]4.
Sincerely,
Mary Lou Hughes Jerry Hill, President
Bay Area Scleroderma Support Group Pleasanton Lions Club
Sclerodermn Fact Sheet
What is Sclerodermo?
~" Sclerodermo is Greek for "hard skin," but it is not just a skin disease. It is a chronic, degenerative
disorder that leads to vascular deterioration, tissue loss, and the overproduction of collagen in the
body's connective tissue.
Sclerodermo is most serious when it affects internal organs, causing severe damage and serious
complications for the body's digestive, respiratory, circulatory and immune systems.
Sclerodermo Symptoms
Sclerodermn is so highly individualized that similar patients may be affected in many different
ways. At one time or another you may experience one or more of these symptoms without serious
consequences. However, if you have persistent complaints, you should pursue a closer examination.
If you suffer from any of the symptoms listed below, it is advisable you consult a physician.
Tightening or swelling of the skin
• Skin thickening
• Raynaud's phenomenon (hands and feet changing color in response to temperature)
Arthritis
Weight loss
• Body/muscle pain
Joint or bone aching
• Stiffness of hands/feet
Calcinosis (white lumps under the skin that can erupt into chalky white fluid)
• Discoloration of the skin
• Shortness of breath
• Hair loss
• Swallowing difficulties
• Heartburn
Internal organ problems
Whom to See
Rheumatologists specialize in pain and inflammation of muscles, joints or soft tissue. They are most
likely to be familiar with many different signs of scleroderma so that a diagnosis can be made.
Dermatologists specialize in skin and can also perform tests that can confirm a diagnosis.
Finding n Cure for Sclerodermn
The scleroderma Research Foundation funds and facilitates two national research "centers without
walls" focused exclusively on finding a cure. Our approach is collaborative and cross-institutional,
with sharing of all research materials, results, and information.
scleroderma Research Foundation
2320 Bath Street, Suite 315
Santa Barbara, CA 93105
Tel: (805) 563-9133
http: //www.sf cu re.o rg
Bay Area Sclerodermo Support Group: www.bayareasclero.org
CITY OF SARATOGA
PROCLAMATION
DECLARING THE MONTH OF JUNE 2004
SCLERODERMA AWARENESS MONTH
WHEREAS, scleroderma is a chronic, degenerative disorder which
leads to the over production of collagen in the body's connective tissue,
becoming most serious when it affects internal organs causing severe
damage and serious complications to the body's digestive, respiratory,
circulatory and immune systems; and
WHEREAS, scleroderma is estimated to affect nearly 500,000
Americans, with approximately 80% of its victims women who are usually
in the prime of their lives; and
WHEREAS, the Scleroderma Research Foundation funds and directs
national research centers focused exclusively on finding a cure, the closest
of which is at the University of California at San Francisco; and
WHEREAS, locally, the Pleasanton Club of Lions International and
the Bay Area Scleroderma Support Group continue to raise money to help
fund scleroderma research efforts.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
proclaims June 2004 as "Scleroderma Awareness Month" in the City of
Saratoga and encourages all residents to become educated about
scleroderma and to support the efforts of the foundations and those
sponsors who will contribute funds to support research to find a cure.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 215` day of Apri12004.
Ann Waltonsmith, Mayor
Saratoga, California
SARATOGA CITY COUNCIL
MEETING DATE: April 21, 2004 AGENDA ITEM: 1
ORIGINATING DEPT},City Managerjc-Office CITY MANAGER: ~~/i-~'~--
PREPARED BY:
DEPT HEAD:
SUBJECT: Proclamation Declaring the Week of April 18-24, 2004 "Volunteer Appreciation
Week"
RECOMMENDED ACTION:
Read proclamation.
REPORT SUMMARY:
Attached is a proclamation declaring the week of April 18-24, 2004 "Volunteer Appreciation
Week"
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:
Posting of the agenda.
ATTACHMENTS:
Attachment A -Copy of copy of proclamation
CITY OF SARATOGA
PROCLAMATION
DECLARING THE WEEK OF APRIL 18 - 24, 2004
"NATIONAL VOLUNTEER APPRECIATION WEEK"
WHEREAS, National Volunteer Appreciation Week is celebrated April 18`h - Apri124`~;
and
WHEREAS, a diverse and dedicated pool of individuals shaze their precious time, skills, and
resources with the City of Saratoga, contributing to the superior quality and cost effectiveness of
City programs and services; and
WHEREAS, one hundred and sixty one (161) participants have contributed to the success of
the Volunteer Saratoga program by performing three thousand eight hundred and twenty-three
(3,823) hours of service this year; and
WHEREAS, high school students volunteer as required by community service learning
curricula, college students perform volunteer work to augment their formal education, and
individuals seeking companionship look to Volunteer Saratoga as a conduit to their neighbors; and
WHEREAS, volunteering provides excellent work place experience to those entering the
workforce for the first time or exploring a potential career change; and
WHEREAS, residents new to the City of Saratoga, State of California, or the United States
of America welcome the occasion to learn about our form of government; and
WHEREAS, community service builds not only resumes, but character, conservationism,
stewazdship, integrity, and respect; and
WHEREAS, Volunteer Saratoga expands horizons of its participants, staff members, the
community of Saratoga, and all people; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby proclaim and recognize April 18-24, 2004 as
"NATIONAL VOLUNTEER APPRECIATION WEEK"
Witnessed our hand and sea] of the City of Saratoga on this 2151 day of Apri12004.
Ann Waltonsmith, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: April 21, 2004
ORIGINATING Dity Manager's Of£ce
PREPARED BY: y
Cathleen Boyer, ty Clerk
AGENDA ITEM:
CITY MANAGE •O~
DEPT HEAD:
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Special Meeting - Apri19, 2004
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Minutes Apri19, 2004
MINUTES
SARATOGA CITY COUNCIL
SPECIAL MEETING
APRIL 9, 2004
Mayor Waltonsmith called the Council meeting to order at 4:00 p.m.
ROLL CALL
PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King,
Councilmembers Norman Kline, Nick Streit
ABSENT: Councihnember Stan Bogosian
ALSO PRESENT: Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Cathleen Boyer, City Clerk
Laurie Smith, Sheriff
Dennis Bacon, Commander
John Hirokawa, Captain
Terry Calderone, Lieutenant
Naomi Tsununoto, Director of Administrative Services
Alan Minato, Fiscal Officer
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 9 2004
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of Apri19, 2004 was properly posted on Apri12, 2004.
Sheriff s Contract Pricine for FY 04-OS
• 2004-2005 proposed budget includes an 18.3% ($521k) increase over the
2003-2004 contract.
• The Sheriff s contract is about $3 million, which is the most expensive part
of City's budget of $8.5 million.
Increase is due to increase in pensions, medical plans, workers
compensation and contract negotiations.
• FY 03-04 eliminated one Traffic Officer and included no merit increase.
• Sheriff Smith provided a per capita comparison of police budgets from
other Santa Clara County cities that showed the Sheriff s Office provides
services at a very low cost.
• Sheriff s Office does not charge contract cities for special teams or special
enforcement.
• Sheriff s Office only charges contract cities for detectives and deputies on
the street.
Sheriff Smith suggested that eliminating three positions -DARE Officer,
School Resource Officer, and one Traffic Deputy -would have the least
impact on the service in the City of Saratoga.
Council expressed concern in regazds to cutting school based programs.
COUNCIL DIRECTION
Direct Sheriff s Office to prepare cost analysis in regazds to eliminating the
DARE, School Resource Officer and one Traffic Deputy.
2. West Vallev Substation Location Options
• West Valley Substation located in the Sazatoga Village is inadequate to
house the Sheriff's Office.
• Active search over the past four yeazs to find an alternate location in
Sazatoga.
In 2004, a Cox Avenue site was in negotiations, but the deal fell through.
• Sheriff Smith explained the breakdown of services rendered out of the
West Valley Substation:
0 30%Sazatoga
0 50% Cupertino
0 20% Unincorporated and Los Altos Hills
• Sheriff Smith suggested that the SherifFs Office split the West Valley
Substation in two.
• Sheriff Smith stated that there is an available site in Cupertino (AAA
building) on DeAnza Blvd that fits the needs of the entire substation.
• Sheriff Smith stated that the owners of the Cox Avenue property offered to
build the Sheriff's Office a building if the City would waive the pazking
requirements.
• Discussion in regards to moving the Senior Center and the Adult Caze
Center to the North Campus and bring the Sheriff's Office to the
Community Center.
COUNCIL DIRECTION
Direct Sheriff Smith to discuss construction of a building with Cox Avenue
property owner.
Direct City staff to report back to Council estimated cost to rehabilitate the
Community Center for use as a substation and North Campus as a Senior Center
and Adult Care Center.
ADJOURNMENT
There being no further business Mayor Waltonsmith adjourned the meeting at 5:45 p.m.
and thanked everyone for attending the meeting.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004 AGENDA ITEM: ---- `~-,~' ~~~
ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~G%ti-~
PREPARED BY: Jaye Tkach~T DEPT HE j • -
SUBJECT: Check Registers: 4/8/04
RECOMMENDED ACTION(S):
Approve the Check Register.
REPORT SUMMARY:
Attached is the Check Register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
und#
nd Name Date Manual Void I Dial
41812004 Checks Checks
AP CHECKS A96016-96148
1 GENERAL
100 COPS-SLESF
110 Traffic Safety
150 Streets & Roads
180 LLA Districts
250 Dev Services
260 Environmental
270 Housing & Comm
290 Recreation
291 Teen Services
292 Facility Ops
293 Theatre Surcharge
310 Park Develpmt
320 Library Expansion
351 Public Safety
352 Infrastructure
353 Facility
354 Park and Trail
400 Library Debt
420 Leonard Creek
720 Cable N
740 PD #3
800 Deposit Agency
Subtotal
PAYROLL CHECKS: 629832-29862
TOTAL
T
88,991.24 176.00 (335.
496.44
14,998.50
7,883.04
21,452.85
183.74
5,894.32
9,071.08 285.00
73.07
1, 395.00
234,235.26
2,412.97 1, 500.00
12,367.25
355.59
302.55
295.69
400.408.59 1,961.00 (33i
~~~~~ ~
Apr-99
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SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004 AGENDA ITEM: C~
ORIGINATING DEPT: Community Development CITY MANAGER: ~~~y~~
PREPARED BY: Thomas Sullivan, AICP DEPT HEAD:
SUBJECT: Zoning Ordinance Amendment to Create Mixed Use Standards
RECOMMENDED ACTION:
Grant Second Reading and Adopt the Ordinance Amendment Creating Mixed Use Development
Standards.
REPORT SUMMARY:
On Aprff 7, 2004 the City Councff conducted a Public Hearing, granted First Reading of the
Ordinance establishing Mixed Use Standards, which implement Program 1.2 of the Housing
Element of the General Plan. The Ciry Council also adopted a Resolution granting a Negative
Declaration of Environmental Impact. During the Hearing the Ciry Council authorized some
minor adjustments to the Standards. The sections that were changed follow:
(d) Parking for both the non-residential and the dwelling unit(s) shall be as specified in the
Zoning Ordinance, provided that the Planning Commission may consider shared parking
in some cases.
(g) The maximum height of a mixed-use structure shall be 26-feet. Structures that are solely
non-residential on a site that has mixed use, the maximum height is as is it is stated in
the underlying zoning.
(1) Projects with multiple stories shall be reviewed to ensure that design features such
as setbacks and windowplacementprovideadequateprivacyprotection.
(m) Non-residential structures or parcels created or developed as part of a previous
Mixed-Use Development ormulti-family development may not be redeveloped as a
Mixed-Use Development at a greater density or intensity of use.
(n)Smaller Mixed-Use projects (20 or fewer dwelling units) must pay an in lieu fee for park
construction.
(o)In larger Mixed-Use projects (more that 20 dwelling units) either the developer must
pay an in lieu fee for park construction or construct common, useable open space on
site at the discretion of the Planning Commission based on the vicinity of existing
public parks.
The City's Housing Element contains several housing programs; one of the programs is Program
1.2: Amend Zoning Code to Implement aMixed-Use Overlay Zone. The action that is
proposed would complete the Zoning Ordinance Amendment to implement the Program 1.2.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City's Ordinances will be out of compliance with the adopted Housing Element of the
General Plan. This would jeopardize the State's certification of the Housing Flement.
ALTERNATIVE ACTION:
Refer the proposed revisions back to the Planning Commission to revise the Development
Standards in some fashion.
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the Ciry of Saratoga within fifteen days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS
1. Ordinance
2 of 2
DRAFT ORDINANCE
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA
CONCERNING MIXED USE DEVELOPMENT STANDARDS IN
ALL COMMERCIAL AND PROFESSIONAL OFFICE ZONED DISTRICTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The Ciry Councff finds and declares as following:
A. The Ordinance is needed to comply with program 1.2 of the adopted Housing Element of
the General Plan, which states, "That the City will adopt a Zoning Code amendment to
implement a residential mixed-use overlay zone that applies to all commercial zones within
the City of Sazatoga."
B. The Planning Commission has conducted a public hearing to consider amendments to
the zoning code with respect to Mixed Use Development Standards on February 25,
2004
C. This ordinance amends the Ciry Code to provide Standards for the development of
Mixed Use projects in all of the Commercial and Professional Office Zoned Districts of
the Ciry of Saratoga.
D. That the proposed Zoning Code amendments will not be detrimental to the public health,
safety or welfaze, nor be materially injurious to the properties or improvements in the City
of Sazatoga in that the Development Standazds have been crafted to avoid such injuries.
Section 2. Adoption.
15-18.030 Conditional Uses:
The following conditional uses maybe allowed in a P-A district, upon the granting of a
use permit pursuant to Article 15-55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Mixed Use Developments conforming to the Mixed Use Design Standards found in
Article 15-58
(i) Bed and breakfast establishments.
(j) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Amended by Ord. 71.914 2,1991; Ord. 71-
163 41 (part), 1996)
15-19.030 C-N district regulations:
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this
Article, the following permitted uses shall also be allowed in a C-N district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Religious and charitable institutions.
(4) Christmas tree and pumpkin sales lots.
(b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of
this Article, the following conditional uses may also be allowed in a C-N district, upon the
granting of a use permit pursuant to Article 15-55 of this chapter.
(1) Mixed-Use Development conforming to the Design Standards found in Article 15-58
(2) Medical offices and clinics.
(c) Site area. The minimum net site area of any lot in a C-N district shall be ten thousand
square feet.
(d) Site frontage, width and depth. The minimum site frontage, width and depth of any
lot in a C-N district shall be as follows:
Frontage Width _ _ _ Depth
__.
--- - _ _-
60feet 60 feet ,100 feet
(e) Coverage. The maximum net site area covered by structures on any lot in a C-N
district shall be sixty percent.
(f) Front yard. The minimum front yard of any lot in a C-N district shall be ten feet;
st eettfrom, an A,1R-1, HR, R M or P A distgict the mminimum front y ad hall be fifteen
feet.
(g) Side and rear yards. No side or rear yard shall be required for any lot in a C-N district,
subject to the following exceptions:
ex)teOnor side yard shall be not lesstt a onethalf of thee qu~ ed fron yard of tthe abutting
lot. (g)( )
(2) Except as otherwise provided in subsection 1 of this Section, on a lot abutting an
A, R-1, or HR district, the minimum side yard or rear yard abutting such other district
shall be thirty feet.
(3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum
side yard or rear yard adjacent to such street or alley shall be ten feet.
Where a side or rear yard is required under any of the foregoing provisions, one foot shall
be added to the required yard for each one foot of height or fraction thereof by which a
structure within thirty feet of the lot line for such yard exceeds fourteen feet in height.
(h) Height of structures. The maximum height of any structure in a C-N district shall be
twenty feet.
(i) Enclosure of uses. All permitted and conditional uses shall be conducted e sol ne
within a completely enclosed structure, except for off-street parking and loading, g
service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin
sales lots.
(j) Screening, landscaping and fencing. An area not less than five feet in depth along all
property lines that abut a street shall be landscaped with plant materials and/or improved
with sidewalks or pathways as required by the Planning Commission. All planting
materials shall permanently be maintained by the owner or occupant of the site.
(k) Alternative standards for multi-family dwellings. Notwithstanding any other
provisions of this Section, where multifamily dwellings will be located upon a site, the
Planning Commission shall apply for such dwellings the development standards set forth
in Article 15-17 of this Chapter. The density of development shall be as determined in each
case by the Planning Commission, based upon its finding that:
(1) The project will not constitute overbuilding of the site; and
(2) The project is compatible with the structures and density of development on adjacent
properties; and
(3) The project will preserve a sufficient amount of open space on the site; and
(4) The project will provide sufficient light and air for the residents of the site and the
occupants of adjacent properties. (Amended by Ord. 71.113 (pazt),1992)
15-19.040 C-V district regulations:
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this
Article, the following permitted uses shall also be allowed in a C-V district:
(1) Professional and administrative offices.
(2) Financial institutions.
(b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of
this Article, the following conditional uses may also be allowed in a C-V district, upon the
granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Religious and charitable institutions.
(2) Mixed Use Developments conforming to the Design Standards found in Article 15-58.
(3) Medical offices and clinics.
(4) Mortuaries.
(5) Theaters.
(6) Automobffe upholstering shops provided all operations are conducted within an
enclosed structure.
(c) Site area. The minimum net site area of any lot in a C-V district shall be ten thousand
square feet.
(d) Site frontage, width and depth. The minimum site frontage, width and depth of any
lot in a C-V district shall be as follows:
Frontage (Width (Depth I
-. __ . ---- - - I,_----- --- ---- ---- --
b0feet !60 feet '100 feet
(e) Coverage. The maximum net site azea covered by structures on any lot in a C-V
district shall be sixty percent.
(f) Front yard. The minimum front yard of any lot in a C-V district shall be ten feet; except
that on a site adjacent to and fronting on the same street as, or directly across the street
from, an A, R-1, HR, R-M or P-A district, the minimum front yard shall be fifteen feet.
(g) Side and rear yard. The minimum side yazds of any lot in a C-V district shall be ten feet
and the minimum rear yard of any lot in a C-V district shall be thirty feet, subject to the
following exceptions:
(1) One foot shall be added to the minimum side yard for each one-foot of height or
fraction thereof by which a portion of a structure within thirty feet of the side lot line for
such yard exceeds fourteen feet in height.
(2) One foot shall be added to the minimum rear yard for each one-foot of height or
fraction thereof by which a portion of a structure within sixty feet of the rear lot line for
such yard exceeds fourteen feet in height.
(3) On a corner lot, the minimum exterior side yard shall be twenty feet.
(h) Height of structures. The maximum height of any structure in a C-V district shall be
twenty feet.
(i) Screening, landscaping and fencing.
(1) An area not less than ten feet in depth along all property lines that abut a street shall
be landscaped with plant materials and/or improved with sidewalks or pathways as
required by the Planning Commission. All planting materials shall permanently be
maintained by the owner or occupant of the site.
(2) A use not conducted within a completely enclosed structure shall be screened by a
solid wall or fence, vine-covered fence or compact evergreen hedge (with solid gates
where necessary) not less than six feet in height. This requirement shall not apply to off-
streetparking and loading areas, gasoline service stations, outdoor dining areas, nurseries,
garden shops, and Christmas tree and pumpkin sales lots.
(j) Alternative standards for multi-family dwellings. Notwithstanding any other
provisions of this Section, where multi-family dwellings will be located upon a site, the
Planning Commission shall apply for such dwellings the development standards set forth
in Article 15-17 of this Chapter. The density of development shall be as determined in each
case by the Planning Commission, based upon its finding that:
(1) The project will not constitute overbuilding of the site; and
(2) The project is compatible with the structures and density of development on adjacent
properties; and
(3) The project will preserve a sufficient amount of open space on the site; and
(4) The project will provide sufficient light and air for the residents of the site and the
occupants of adjacent properties. (Amended by Ord. 71.113 (part), 1992)
15-19.050 C-H district regulations:
(a) Permitted uses. In addition to the permitted uses fisted in Section 15-19.020(a) of this
Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts:
(1) Professional, administrative and medical offices and financial institutions, when
located either above the street level or at the street level if separated from the street
frontage by a retail or service establishment.
(2) DELETED
(b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of
this Article, the following conditional uses may also be allowed in the CH-1 and CH-2
districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Professional, administrative and medical offices and financial institutions, when
located at street level and having street frontage.
(2) Theaters.
(3) Religious and charitable institutions.
(4) Mixed Use Developments conforming to the Design Standards found in Article 15-58.
(c) Site area. The minimum net site area in each C-H district shall be as follows:
District 'Net Site Area
CH-1 __-_ _--- - - ---15,000 sq.
CH-2 7,500 sq. tt.
(d) Site frontage, width and depth. The minunum site frontage, width and depth in each
C-H district shall be as follows:
__ ----- ----- ----- - ------ ------I
District Frontage ',Width ....Depth ~
_ r- .r--_
CH 1----- -----~50 ft. ----
'CH-2 i50 ft.
ft.
(e) Coverage; pedestrian open space.
(I) In the CH-1 district, the maximum net site area covered by structures shall be eighty
percent, except that up to one hundred percent of the site maybe covered by structures if,
for any structure coverage in excess of eighty percent, an equivalent area on the site is
devoted to pedestrian open space.
(2) In the CH-2 district, the maximum net site area covered by structures shall be sixty
percent. In addition, an area equivalent to not less than twenty percent of the net site area
shall be devoted to pedestrian open space. All or any portion of the required front yard
may be used for pedestrian open space.
(3) The term `pedestrian open space," as used in subsections (e)(1) and (2) of this Section,
means common azeas open to the public where pedestrians may walk or gather, such as
plazas and arcades, which are designed to be visible and accessible to pedestrians on
streets, sidewalks and parking facilities adjacent to the site.
(f) Front yard. No front yard shall be required in the CH-1 district. The minimum front
yard of any lot in the CH-2 district shall be fifteen feet.
(g) Side yards. No side yards shall be required in either the CH-1 or CH-2 district.
(h) Rear yard. No rear yard shall be required in the CH-1 district. No rear yard shall be
required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-
way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line
of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the minimum rear
yard shall be thirty feet, plus one foot for each two feet of height or fraction thereof by
which a portion of a structure within sixty feet of the rear lot line for such yard exceeds
fourteen feet in height.
(i) Height of structures. The maximum height of any structure in each C-H district shall
be as follows:
District
---- ---
-_ ----
CH-1 i35 feet. No portion of a structure acing i
Big Basin Way shall exceed two stones,
'and no portion of a structure facing
(Saratoga Creek shall exceed three
istories.
CH-2 ';26 feet. No structure shall exceed two
istories.
(j) Enclosure of uses. All permitted and conditional uses shall be conducted entirely
within a completely enclosed structure, except for off-street parking and loading, gasoline
service stations, garden shops and outdoor dining.
(1) Modification of standards for historic structures. The Planning Commission shall have
authority to modify any of the development standards contained in this Section, without
the granting of a variance, if the subject of the application is a structure, which has been
designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning
Commission finds and determines that:
(1) The modification will facilitate preservation of the historic structure; and
(2) The application and the proposed modification have been reviewed and approved by
the City's Heritage Commission; and
(3) The modification will not be detrimental to the use and enjoyment of other properties
in the vicinity; and
(4) The modification will not adversely affect the movement of vehicular and pedestrian
traffic, or the availability of on-street parking, and will not create a hazard to the public
safety. (Amended by Ord. 71-108 41,1992; Ord. 71.113 (part), 1992)
Article 15-21 DELETED
Article 15-58 MIXED USE DEVELOPMENT STANDARDS:
15-58 MIXED-USE DEVELOPMENT STANDARDS
15-58.010 Purposes of Article
The purpose of the mixed-use development standards is the implementation of Program 1.1 of
the Housing Element of the General Plan. The goal is to implement this Housing Program in a
consistent manner through out the various commercial and office zoned districts of the City. It
is further the goal of these standards to protect existing and future commercial development.
15-58.020 Development Standazds
(a) The maximum density is twenty (20) dwellings per net acre.
(b) The dwelling unit(s) shall be located either on the second floor or at the rear of the
parcel.
(c) The dwelling unit(s) shall not comprise more than fifty (50%) percent of the total floor
area of all buildings on the site. The maximum floor area allowed may be increased by
10% for projects providing below market rate rental housing
(d) Parking for both the non-residential and the dwelling unit(s) shall be as specified in the
Zoning Ordinance, provided that the Planning Commission may consider shazed parking
in some cases.
(e) Perimeter fencing shall be required to the maximum height allowed in the Zoning
Ordinance.
(f) Each dwelling shall have private, usable outdoor space, i.e. decks, balconies, yards or
patios.
(g) The maximum height of a mixed-use structure shall be 26-feet. Structures that are solely
non-residential on a site that has mixed use, the maximum height is as is it is stated in
the underlying zoning.
(h) The design of mixed-use projects will be required to conform to the policies and
techniques of the Residential Design Handbook and any other design standards in place
for the area of application.
(i) Overall site coverage may be increased up to 10% for projects containing deed restricted
below market rate housing units.
(j) Mixed-use projects shall have sound walls and landscape screening in order to protect
the privacy and quality of life of abutting single-family residential lands uses.
(k) The residential component of a mixed-use project shall be rental. The individual
dwelling units shall range in size from 850 sq. ft. for 1-bedrooms units to 1,250 sq. ft. for
3-bedroom units sequent mixed-use development.
(1) Projects with multiple stories shall be reviewed to ensure that design features such as
setbacks and window placement provide adequate privacy protection.
(m) Non-residential structures or parcels created or developed as part of a previous Mixed-
Use Development or multi-family development may not be redeveloped as a Mixed-Use
Development at a greater density or intensity of use.
(n) Smaller Mixed-Use projects (20 or fewer dwelling units) must pay an in lieu fee for park
construction.
- (o) In larger Mixed-Use projects (more that 20 dwelling units) either the developer must
pay an in lieu fee for park construction or construct common, useable open space on site
at the discretion of the Planning Commission based on the vicinity of existing public
parks.
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-
section,paragraph, sub-paragraph, sentence, clause and phrase is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has
been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the Ciry of Saratoga held on the day of 2004, and was adopted by
the following vote following a second reading on the day of _, 2004:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANN WALTONSMITH, MAYOR
ATTEST:
CATHLEEN BOYER, CITY CLERK
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004
ORIGINATING DEPT: Community Development
PREPARED BY: Lata Vasudevan, AICP
AGENDA ITEM:
CITY MANAGER: ~~
DEPT HEAD:
SUBJECT: Consent Item - Adoption of Resolution approving an Appeal of a Planning Commission
decision to conditionally approve Design Review Application No. 03-269 to construct a 302.5 square
foot addition to a home at 14403 Sobey Road.
APPELLANT: Javad and Mitra Ashjay, property owners, 14403 Sobey Road.
APPLICANT: Javad and Mitra Ashjay
RECOMMENDED ACTION:
Adopt attached Resolution approving the applicant's appeal.
BACKGROUND:
At the Aprff 7, 2004 Public Hearing, the Ciry Council approved an appeal filed by the property
owners of 14403 Sobey Road. This appeal sought to overturn the Planning Commission's decision
requiring that the existing perimeter fence be brought into compliance with the Municipal Code as
a condition of approval of a proposed 302.5 square foot addition. At the end of the Public Hearing,
the City Council determined that there is no nexus between the requirement of said condition
regarding the perimeter fence and the approval of a 302.5 square foot addition.
Attached is the Resolution for City Council adoption, approving the application fora 302.5 square
foot addition, without the condition stated in condition #1 of Planning Commission Resolution 04-
OOSregarding the perimeter fence. All of the other conditions in Planning Commission Resolution
04-008 have been included in the attached Resolution.
ADVERTISING, NOTICING, AND PUBLIC CONTACT:
Not applicable.
ATTACHMENT:
A. City Councfl Resolution approving the appeal and thereby overturning a condition of
approval stated in Planning Commission Resolution 04-008.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING
THE APPEAL OF THE CONDITIONAL APPROVAL OF DESIGN REVIEW
APPLICATION #03-269
14403 SOBEY ROAD
Property owners: Javad and Mitra Ashjay
WHEREAS, the Ciry Councff of the City of Saratoga has received an application from
the property owners of 14403 Sobey Road appealing Resolution 04-008 condition of approval #I,
adopted by the Planning Commission for the approval of Design Review Application #03-269,
which proposes a 302.5 square foot house addition; and
WHEREAS, on April 7, 2004 the City Council of the City of Saratoga held a duly noticed
Public Hearing based on the aforesaid appeal at which time all interested parties were given a
full opportunity to be heard and to present evidence; and
WHEREAS, the Ciry Council overturned condition #1 of Planning Commission
Resolution 04-008 adopted for Design Review Application #03-269 by determining that there is
no nexus between the requirement of said condition regarding the perimeter fencing and the
approval of an application fora 302.5 square foot addition; and
WHEREAS, the project, which proposes to construct an addition to asingle-family
home, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to section 15301 (e) of the Guidelines for the Implementation of CEQA. This Class 1 exemption
applies to additions and alterations not exceeding 10,000 sq. ft. The home is located in a
developed area; and
WHEREAS, the applicant has met the burden of proof required to support said
application for design review approval, and the findings specified in Municipal Code Section 15-
45.080 and the following City's Residential Design Handbook have been determined:
Policy #1: Minimize Perception of Bulk
The proposed addition is minimal in relation to the size of the home, which is situated on a
fairly large lot. The addition is neither disproportionate to the existing home, nor would it
negatively impact the scale of the existing home.
Policy #2: Integrate Structures with the Environment
The external appearance of the addition will match the existing structure that has stucco
siding, painted with earth tones.
Policy #3: Avoid Interference with Privacy and Views
Since this is a single story addition and the surrounding homes are either obscured by foliage
or are situated far away, there is no interference with views or privacy. The applicant has
shown the proposal to the adjacent property owners who have, so far, not voiced any
concerns.
Policy #4: Preserve Views and Access to Views
Impacts on views are not an issue with this proposal.
Policy #5: Design for Energy Efficiency
The proposed addition will have new insulation, which exceeds State requirements, and will
be connected to energy efficient heating and cooling appliances that currently exist at the
home.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows:
Section 1. After careful consideration of the site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, Application No. 03-269 for design review
approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. The development shall be located and constructed as shown on Exhibit "A" incorporated
by reference.
2. Four sets of complete construction plans incorporating this Resolution as a separate plan
page shall be submitted to the Building Division.
3. The complete construction plans shall include a final landscape and irrigation plan for
'~ Staff review and approval, with the correct species of all protected trees properly labeled.
All proposed vegetation shown on the approved landscape plan -including but not
limited to the areas where the cabana, shed and tennis court have been removed - shall be
completed prior to final inspection approval.
4. The proposed removal of the 120 square foot cabana, tennis court and shed shall be done
carefully so as to not damage the roots of the nearby, protected trees.
5. The site plan shall be stamped and signed by a Licensed Land Surveyor.
6. The site plan shall contain a note with the following language: "Prior to foundation
inspection by the City, the LLS of record shall provide a written certification that all
building setbacks are per the approved plans"
FIRE DISTRICT
7. Applicant shall comply with all Santa Clara County Fire Dept. conditions.
CITY ATTORNEY
8. Applicant agrees to hold City harmless from all costs and expenses, including attorney's
fees, incurred by the City or held to be the liability of City in connection with City's
defense of its actions in any proceeding brought in any State Federal Court, challenging
the City's action with respect to the applicant's project.
Section 2. A Building Permit must be issued and construction commenced within 36 months
from the date of adoption of this Resolution or approval will expire.
Section 3. All applicable requirements of the State, County, Ciry and other Governmental
entities must be met.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, the
21st day of Apri12004 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer CMC, City Clerk
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and untff 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 Council.
Property Owner or Authorized Agent Date
SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER: o ~G°~---
PREPARED BY: ~ ~ DEPT HEAD:
SUBJECT: Resolution Endorsing a Southern Gateway into the Bay Area for the
Proposed California High-Speed Rail System
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
The proposed high-speed rail line would connect southern and northern California. The
California High-Speed Rail Authority, the organization responsible for planning, designing,
constructing, and operating the system, plans to run the first leg of the system between Los
Angeles and San Francisco via San Jose. The system would employ electrically, powered steel
wheel on steel rail trains operating at speeds up to 220 mph -technology long proven in Europe
and Japan. The high-speed rail would relieve highway and air traffic between the Bay Area and
Los Angeles, one of the busiest air traffic corridors in the nation.
The California High-Speed Rail Authority is recommending two alignment options into/out of the
Bay Area -the Pacheco Pass (SR 152) alignrent and Diablo Range Direct alignment. Both of
these options, once the trains hit the Bay Area (somewhere between Gilroy and San Jose) they
would head north along the Caltrain corridor. In doing so, the high- speed rail will help Caltrain
achieve several of its long-term goals -electrification, grade-separation, and increasing the speed
frequency of the commuter rail service.
The City of San Jose, Silicon Valley Chamber of Commerce, VTA Board of Directors and the
Silicon Manufacturing Group is asking members of the Santa Clara County Cities Association to
support the California High-Speed Rail Authority's recommendation of the two alignment options.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
Council could decide not to support the recommendation.
FOLLOW UP ACTION:
City Clerk to mail certified copy of resolution to VTA/Don Gage, Chairperson, 3331 North ls`
Street, San Jose CA 95134-1906.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Chamber of Commerce, and Slan Jose Mayor Ron Gonzaleslicon Valley
Attachment B -Resolution
2of2
S R N T ~ C L R R
T/J® Valley Transportation Authority
April 6, 2004
The Honorable Joe Pirzynski, President
Santa Clara County Cities Association
505 West Olive Avenue, Suite 360
Sunnyvale, CA 94086-7632
Dear Joe:
On behalf of the Board of Directors of the Santa Clara Valley Transportation Authority
(VTA), I am writing to request that the Santa Clara County Cities Association support the
California High-Speed Rail Authority's conclusion to use one of the two southem
alignments (Pacheco Pass or Diablo Range) into the San Francisco Bay Area for the
state's proposed high-speed rail system. In addition, we request that the Association ask
each of its member cities to have its respective city council support this recommendation
and communicate that position to the authority.
VTA has long supported the concept of a high-speed rail line connecting northern and
southem California because it would relieve highway and air traffic congestion between
the Bay Area and Los Angeles, which is one of the busiest air traffic corridors in the
nation. The California High-Speed Rail Authority, the organization responsible for
planning, designing, constructing, and operating the system, plans to run the first leg
between Los Angeles and San Francisco through San Jose. iJltimately, the line would be
extended to Oakland, Sacramento and San Diego.
The authority is recommending two alignment options-through the Pacheco Pass or a
series of tunnels through the Diablo Range-to bring high-speed rail into the Bay Area
through San Jose. The line would then split, with one set of tracks pazalleling the
Caltrain Corridor up the Peninsula to San Francisco and the other set running up the East
Bay to Oakland. The authority concluded that entering the Bay Area from the south
would offer faster travel times; more frequent service to San Jose, San Francisco and
Oakland; higher ridership; and more revenue.
The authority considered and rejected one other Bay Area alignment, the so-called
Altamont Pass alignment. It concluded that this alternative would be problematic from
an operational and environmental standpoint. Following this route, the high-speed rail
trains would enter the Bay Area over the Altamont Pass to Union City. From Union City,
the trains would then split into three lines-one south to San Jose, another north to
Oakland and a third to San Francisco over a new bridge across the bay. Splitting the
service into three, rather than two lines, would reduce train frequencies and ridership,
while substantially increasing operating costs. In addition, the costs of building a new
rail bridge across the bay and the environmental hurdles that would need to be overcome
3331 North First Street • Son lase, CA 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300
Figure 5.4-2
High-Speed Train Corridors and
Stations for Continued Investigation
Apri15, 2004
22I Akport Parkway, Suite 620
San JosB, Caldarnia 95110
(aoe15o1svklc (TSSOI hf~ / (~~9 a9
CARL GUARDING
Resident d CEO
mard orrr~:
AART J. OE GEUS
Chair
SY~Ys
wiwaM r. coLEMArI m
Vice Chak
Cassett corporation
ROBERT SHOFFNER
Seaetary/Treasuer
cnbank
Board Members:
JOHN ADAMS
Wells Fargo Bank
CRAIG R BARRETr
Intel Corpaafbn
MICHAEL CANNON
Sokctron Corporation
PETER CARTWRIGHT
Ceyrine Caryoration
RAOUEL GONZALEZ
Bank of America
MRC GREENWOOD
Universdy of Califomla, Santa Cnrz
&21AN HN1A
Naliautl Semiconductor
JEANETTE HORAN
IBM Coryoralion
LEONARD KWIATKOWSKI
Lockheed Martin
PAUL LOCATEW, S.J.
Santa Clara Urwlerslfy
LENPERHAM
Clear Logk:
IOM POLESE
Marimba, Inc
DAVID J SHIMMON
Kmetics Grow
JOHN F STEWART
General Dynamics AdvancedlntarmeaonW AN
NBC 11
JOYCE M. TAYLOR
sec
JOSEPH'CHIP'VISCI
San Jose Morary Nexa
BOB WAYMAN
HewlettFackartl Company
KENNETH WILCOX
Silicori Valley Bank
DAVID WRIGHT
Legato Systems
JOANN IJMMERMAN
Kaiser Permerrente
Waklrig CWnCIY Clrev
NANCYNOE
Aha Cerporetbn
Foundedln 19776y
DAVID PACKARD
The Honorable Joe Pirzynski
President
Santa Clara Counties Cities Association
505 West Olive Avenue, Suite 360
Sunnyvale, CA 94086-7632
Dear Councilmember Pirzynski:
I write on behalf of the Silicon Valley Manufacturing Group to ask that the Santa
Clara Cou~ies Cities Association and its members weigh in on the draft
EIR/EIS recently released by the High Speed Rail Authority on California's
proposed high-speed rail service. Specifically, we ask that you sup acheco or
Authority's conclusion to use of one of two southern alignments (P
Diablo Range) into the Bay Area and to eliminate the Altamont Pass from
further consideration.
As you may know, the Silicon Valley Manufacturing Group (SVMG), founded
in 19'78 by David Packard of Hewlett-Packard, represents 190 of the Valley's
most respected employers. SVMG members collectively provide nearly 225,000
jobs, or one of every four jobs in Silicon Valley.
SVMG has long supported the concept of a high-speed tail (HSR) line
connecting southern and northern California. The High Speed Rail Authority, the
organization responsible for planning, designntg, constructing and operating the
system, plans to run the first leg of the system between Los Angeles and San
Francisco via San Jose. Ultimately, the line would be extended to Oakland,
Sacramento and San Diego. The system would employ electrically-powered,
steel-wheel-on-steel-rail trains operating at speeds up to 220 mph-technology
long proven in Europe and Japan. Riders would be transported from downtown
San Francisco to Los Angeles in just under 2 % hours.
High-speed rail would relieve highway and air traffic between the Bay Area and
Los Angeles, one of the busiest air traffic corridors in the nation. It would stretch
the capacity of airports in both metropolitan areas by enabling them to focus on
longer haul, larger passenger load flights. And it would also be two to three time
less expensive (as well as less polluting and more energy efficient) than
expanding highways and airports to accommodate the travel demands of an
additional 11 million California residents-a total of 45 million people--bY
2020
Constructing ahigh-speed rail system would also give commuter rail service in
Silicon Valley a big boost. The program-level EIR/EIS considered two
ahgnments options into/out of the Bay Area-the Pacheco Pass (SR 152)
alignment and the Diablo Range Direct alignment-with variations on both.
Regardless of the option, once the trains hit the Bay Area (somewhere between
Gilroy and San Jose), they would head north along the Caltrain corridor. In
doing so, the HSR will help Caltrain achieve several of its long-term goals.
electrification, grade-separation, and increasing the speed and frequency of the
Commuter Call SCrvICe.
..~Y.... (:Y~l
t;
`L ,. ..!
Apri12, 2004
Joe Pirzynski, President
Santa Clara Counties Cities Association
505 West Olive Avenue, Suite 360
Sunnyvale, CA 94086-7632
RE: Support for High Speed Rail Draft EIR/EIS
Deaz President Pirzynski:
On behalf of the San Jose Silicon Valley Chamber of Commerce, I urge your support for a Southern
Gateway into the Bay Area for the proposed California High Speed Rail system as outlined in the Draft
EIIt/EIS recently released by the High Speed Rail Authority.
Specifically, I am asking you to support the Authority's conclusion to use of one of two southern
alignments (Pacheco or Diablo Range) into the Bay Area.
Our urban based, regional Chamber is made up of nearly 2,000 Silicon Valley businesses employing
some 250,000 people. These Fums represent the entire supply chain of commerce that has resulted in the
Silicon Valley's economic success. Our member companies aze depending on a first class transportation
system move both goods and people swiRly and efficietrtly.
The Chamber teas been along-time supporter of ahigh-speed rail line connecting southern and northern
California, particulazly the first leg of the system between Los Angeles and San Francisco via San Jose.
Ultimately, the line would be extended to Oakland, Sacramento and San Diego. High-speed rail would
relieve highway and air traffic between the Bay Area and Los Angeles, one of the busiest traffic corridors
in the nation.
In terms of operational and ridership success, either of the southern alignments aze far superior to another
gateway that was earlier considered and rejeded by the Authority -the Altamont Pass alignment -- which
they concluded would be more problematic from an operational and environmental standpoint.
Please add your support for the southern alignments as recommended in the Draft EIR/EIS.
Sincerely,
Jim Curtneen
President & CEO
Apri15, 2004
Joe Pirzynski -President
Santa Clara Counties Cities Association
505 West Olive Avenue
Suite 360
Sunnyvale, CA 94086-7632
Dear Mr. Pirzynski,
As you may aware, in late January the High Speed Rail Authority released its draft
EIIt/EIS containing its analysis of and recommendations for the high speed rail project.
The report recommends alignments through the Pacheco Pass or a series of tunnels
through the Diablo mountain range that would bring high speed rail into the Bay Area
through San Josh. The tracks would then split with one set of tracks paralleling the
Caltrain tracks up the Peninsula to San Francisco and the other set of tracks going up the
East Bay and ending in Oakland.
I support the Authority's preferred alignment because an alignment that bring high speed
rail through San Josh to serve the Bay Area will: ,
^ offer faster travel time between L. A and the Bay Area;
• offer better frequency of service to the Bay Area;
^ have higher ridership and revenue potential than Altamont (1.1 million more riders
and $56 million more in annual revenues);
• be easier and less costly to operate; and
^ not require a Bay crossing to get to San Francisco
As part of the EIR/EIS review process, the High Speed Rail Authority is currently
holding a series of public hearing throughout the state. There will be a public hearing in
San Francisco on April 15 and a public hearing in San Jose on May 26.
Because the availability of high speed rail service would be a significant addition of
transportation infrastructure to the South Bay, I am requesting that you ask your members
to take the following supportive measures:
1. get the Cities Association to take a "support" position on the alignment recommended
by the High Speed Rail Authority;
RESOLUTION NO. 04-
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
SUPPORTING THE CALIFORNIA HIGH-SPEED RAIL AUTHORITY'S
CONCLUSION TO USE ONE OF THE TWO SOUTHERN ALIGNMENTS
FOR THE STATE'S PROPOSED HIGH-SPEED RAIL SYSTEM
WHEREAS, the proposed high-speed rail line would connect southern and northern
California; and
WHEREAS, the California High-Speed Rail Authority, the organization responsible for
planning, designing, constructing, and operating the system, plans to run the first leg of the
system between Los Angeles and San Francisco via San Jose; and
WHEREAS, the system would employ electrically, powered steel wheel on steel rail
trains operating at speeds up to 220 mph -technology long proven in Europe and Japan; and
WHEREAS, the high-speed rail would relieve highway and air traffic between the Bay
Area and Los Angeles, one of the busiest air traffic comdors in the nation; and
WHEREAS, the California High-Speed Rail Authority is recommending two alignment
options into/out of the Bay Area -the Pacheco Pass (SR 152) alignment and Diablo Range Direct
alignment; and
WHEREAS, both of these options, once the trains hit the Bay Area (somewhere between
Gilroy and San Jose) they would head north along the Caltrain corridor. In doing so, a ehigh-
speedrail will help Caltrain achieve several of its long-term goals -electrification, gr
separation, and increasing the speed frequency of the commuter rail service; and
WHEREAS, the City of San Jose, Silicon Valley Chamber of Commerce, VTA Board of
Directors and the Silicon Manufacturing Group is asking members of the Santa Claza County
Cities Association to support the California High-Speed Rail Authority's recommendation of the
two alignment options.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sazatoga
supports the California High-Speed Rail Authority's recommendation of two alignments -Pacheco
Pass and Diablo Range.
PASSED AND ADOPTED by the City of Saratoga City Council, State of California, this 21st
day of Apri12004 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor, City of Saratoga
ATTEST:
City Clerk, City of Saratoga
SARATOGA CITY COUNCIL ~~
MEETING DATE: Apri121, 2004 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: O~ -
PREPARED BY: John Cherbone DEPT HEAD:
SUBJECT: Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 04-OS
RECOMMENDED ACTION:
1. Move to adopt the Resolution granting preliminary approval of the Engineer's Repor[ for FY 04-
05.
2. Move to adopt the Resolution of Intention.
REPORT SUMMARY:
Attached are the next two Resolutions to continue the process for renewing the Landscaping and
Lighting Assessment District LLA-1 for FY 04-05. Briefly, the two Resolutions are:
1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 2004-2005 -
This is the Resolution required under the State Streets & Highways Code (S&H) section 22623
which grants preliminary approval of the Engineer's Report for the renewal of the District for
FY 04-05.
2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year
2004-2005 -This is the Resolution required under S&H 22624 which, among other things, fixes
the date and time for the Public Hearing on June 2.
There are no increases in the parcel assessments, which would require an assessment district
election for any of the Zones within the District in FY 04-05. The Engineer's Report is attached
summarizing the proposed assessments for FY 04-05.
These Resolutions should be adopted by separate vote at your meeting to continue the process of
renewing the District for another year in the time frame called for in the Budget Preparation
Calendar.
FISCAL IMPACTS:
All of the costs associated with the District are recovered via the assessments.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolutions would not be adopted and the process for renewing the District would not
continue.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The Resolution of Intention will be published.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. After your meeting,
the Resolution of Intention will be published.
ATTACHMENTS:
1. Resolutions (2).
2. Engineer's Report
RESOLUTION NO.
A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT
CITY OF SARATOGA
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1
FISCAL YEAR 2004-2005
RESOLVED, by the City Council of the City of Sazatoga, California as follows:
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 4th day of
February, 2004, said Council did adopt its Resolution No. 04-008, "A Resolution Describing
Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2004-2005", for
the City of Saratoga Landscaping and Lighting District LLA-l, in said City and did refer the
proposed improvements to the Engineer of the City and did therein direct said Engineer to
prepare and file with the City Clerk of said City a report, in writing, all as therein more
particularly described:
WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing
_ as called for in said Resolution No. 04-008 and under and pursuant to said Act, which report has
been presented to this Council for consideration;
WHEREAS, said Council has duly considered said report and each and every part
thereof, and finds that each and every part of said report is sufficient, and that neither said report,
nor any part thereof should be modified in any respect;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. That the plans and specifications for the existing improvements and the proposed
new improvements to be made within the assessment district or within any zone thereof,
contained in said report, be, and they are hereby preliminarily approved.
2. That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and each of them are hereby preliminarily approved.
3. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 04-008 and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said district as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report
applies, each of which lot or parcel of land has been given a separate number upon said diagram,
as contained in said report, be, and it hereby is preliminarily approved.
4. That the proposed assessment of the total amount of the estimated costs and
expenses of the proposed improvements upon the several lots or pazcels of land in said
assessment district in proportion to the estimated benefits to be received by such lots or parcels,
respectively, from said improvements including the maintenance or servicing or both, thereof,
and of the expenses incidental thereto, as contained in said report, be, and they are hereby
preliminarily approved.
5. That said report shall stand as the Engineer's Report for the purpose of all
subsequent proceedings to be had pursuant to said Resolution No. 04-008.
*+*+
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 21st day of April, 2004 by the Following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cathleen Boyer, City Clerk
Ann Waltonsmith, Mayor
City of Saratoga
RESOLUTION NO.
A RESOLUTION OF INTENTION TO ORDER THE
LEVY AND COLLECTION OF ASSESSMENTS PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972
CITY OF SARATOGA LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT LLA-1
FISCAL YEAR 2004-2005
RESOLVED, by the City Council of the City of Sazatoga, California, as follows:
WHEREAS, pursuant to Resolution No. 04-008, "A Resolution Describing
Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2004-2005", for
City of Saratoga Landscaping and Lighting District LLA-1, adopted on February 4, 2004, by the
City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of
said City has prepared and filed with the Clerk of this City the written report called for under said
Act and by said Resolution No. 04-008, which said report has been submitted and preliminarily
approved by this Council in accordance with said Act;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. In its opinion the public interest and convenience require and it is the intention of
this Council to order the levy and collection of assessments for Fiscal Year 2004-2005 pursuant
to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets
and Highways Code of the State of California, for the construction or installation of the
improvements, including the maintenance or servicing, or both, thereof, more particularly
described in Exhibit "A" hereto attached and by reference incorporated herein.
2. The cost and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon the assessment district designated as
"City of Sazatoga Landscaping and Lighting District LLA-1, the exterior boundaries of which
are the composite and consolidated areas as more particularly described on a map thereof on file
in the office of the Clerk of said City, to which reference is hereby made for further particulars.
Said map indicates by a boundary line the extent of the territory included in the district and of
any zone thereof and the general location of said district.
3. Said Engineer's Report prepared by the Engineer of said City, preliminarily
approved by this Council, and on file with the City Clerk of this City is hereby referred to for a
full and detailed description of the improvements and the boundaries of the assessment district
and any zones therein, and the proposed assessments upon assessable lots and parcels of land
within the district.
4. Notice is hereby given that Wednesday, the 2nd day of June, 2004, at the hour of
7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and
the same are hereby appointed and fixed as the time and place for a hearing by this Council on
the question of the levy and collection of the proposed assessment for the construction or
installation of said improvements, including the maintenance and servicing, or both, thereof, and
when and where it will consider all oral statements and all written protests made or filed by any
interested person at or before the conclusion of said hearing, against said improvements, the
boundaries of the assessment district and any zone therein, the proposed diagram or the proposed
assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider
and finally act upon the Engineer's report, and tabulate the ballots.
5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by
causing a copy of this Resolution to be published once in the Sazatoga News, a newspaper
published and circulated in said City, and by conspicuously posting a copy thereof upon the
official bulletin board customarily used by the City of Saratoga for the posting of notices, said
posting and publication to be had and completed at least ten (10) days prior to the date of hearing
specified herein.
6. The Office of the City Engineer be, and hereby is designated as the office to
answer inquiries regarding any protest proceedings to be had herein, and maybe contacted during
the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or
by calling (408) 868-1241.
^***+
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 21st day of April, 2004, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
Cathleen Boyer, City Clerk
Ann Waltonsmith, Mayor
City of Saratoga
Exhibit A
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both,
thereof, of landscaping, including Vees, shrubs, grass or other ornamental vegetation, statuary,
fountains and other ornamental structwes and facilities, and public lighting facilities for the
lighting of any public places, including traffic signals, ornamental standards, luminaries, poles,
supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms,
braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits,
appliances, attachments and appurtenances, including the cost of repair, removal or replacement
of all or any part thereof, providing for the life, growth, health and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury;
the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or
other illuminating agent for any public lighting facilities or for the lighting or operation of any
other improvements; and the operation of any fountains or the maintenance of any other
improvements.
CITY OF SARATOGA
LANDSCAPE AND LIGHTING
DISTRICT LLA-1
ENGINEER'S REPORT
on the
Levy of an Assessment
for the
2004-2005 Fiscal Year
April 2004
JOHN H. HEINDEL -CONSULTING CIVIL ENGINEER
ENGINEER OF WORK
TABLE OF CONTENTS
Paces
Assessment & Cost Summary 1-3
Rules for Spreading Assessment 4-5
Description of Improvements 6-7
Cost Detail 8-12
Assessment Roll
Assessment Diagram
Certificates
CITY OF SAR-ATOGA
LANDSCAPING AND LIGHTING DISTRICT LLA-1
ASSESSMENT
for Fiscal Yeaz 2004-2005
2004, the City Council of the City of Saratoga, California,
WHEREAS, on ~-
pursuant to t describin onm rovemandscazapdiag an ngip epaz A n°of the Eng neerd'stReportlfor Fiscal
04-00 g p
year 2004-2005, more particularly therein described, and
WHEREAS, said Resolution No. 04-00 directed the Engineer of Work to prepaze and file a
report presenting plans and specifications for the proposed improvements, an estimate of costs, a
diagram of the assessment district, and an assessment of the estimated costs of the improvements
upon all assessable lots or parcels of land within the assessment district, to which Resolution
reference is hereby made for further particulazs,
NOW, THEREFORE, I, John H. Heindel, by virtue of the power vested in me under said Act and
hereby make the following assessment to
the order of the City Council of said City of Saratoga,
covecin ethereof and theecost and expensesf incidental thereto, to be paudrby theeassessment distant
serv g
for the Fiscal Yeaz 2004-2005:
ENGINEER'S ESTIMATE SUMMARY"
ADMINISTRATIVE COSTS
Wages&benefits $13,383
500
Attorney 7 267
Assessment engineer 300
Advertising $ 21,450
MISCELLANEOUS OVERHEAD -0-
New parcel charges
MAINTENANCE COSTS
Wages &benefits $35,677
Contract services 710
26 785
Repair services 650
79
Maintenance services ,
24,905
Irrigation water 52,575
Electric power 220,302
Subtotal $241,752
26,727
Indirect cost allocation
Previous yeaz carryover
Estimated property tax revenue
Carryover not recovered
Carryover not reimbursed
Total Costs $268,479
(196,339)
12( 8,625)
Net cost $ (56,485)
(19,205)
228,036
Assessment $ 152,346
SiJMIy1ARY OF ASSESSMENT BY ZONE*
As Preliminarily Approved As Confirmed
Zone No. Total Per Parcel Total Per Pazcel
1 $ 951 32.80 $ $
2 4,902 57.68
3 4,155 23.60
4 -0- 0.00
5 -0- 0.00
6 4,170 65.16
7A -0- 0.00
7g -0- 0.00
9 6,926 144.28
10 1,034 114.88
11 7,654 30.62
12 2,130 236.66
15 4,775 116.46
16 5,391 98.02
17 12,073 60.36
22 32,722 37.92
24 -0- N/A
25 6,383 425.52
26 41,009 436.26
27 3,430 110.64
2g 7,213 450.82
29 3,008 49.32
31 4,420 85.00
Totals $ 152,346 $
*See Cost Detail herein for breakdown
-2-
And I do hereby assess and apportion said portion of the estimated cost of the improvements, including
the maintenance and servicing thereof and the costs and expenses incidental thereto, upon the several lots
or parcels of land liable therefor and benefited thereby, and hereinafter numbered to correspond wit'
the numbers upon the attached diagram, upon each, severally and respectively, in proportion to th.
benefits to be received by such property, respectively, from the construction and installation of the
improvements, and from the maintenance and servicing thereof, and more pazticulazly set forth in the
Assessment Roll hereto attached and by this reference made a part hereof.
As required by said Act, a diagram is hereto attached showing the assessment district, and also the
boundazies and dimensions of the respective lots or parcels of ]and within said assessment district, as the
same existed at the time of the passage of said Resolution No. 04-00 .The diagram and assessment
numbers appeazing in the Assessment Roll herein under the column headed "A.P.N." are the diagram
numbers appearing on said diagram, to which reference is hereby made for a more particular description
of said property.
I hereby place in the Assessment Roll, opposite the number of each lot or parcel of land assessed, the
amount assessed thereon. Each lot or parcel of land is described in said Assessment Roll by reference to
its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Yeaz 2004-
2005, and includes all of such parcel.
Respectfully submitted,
Dated: , 2004
John H. Heindel, RCE 13319
Engineer of Work
-~-
RULES FOR SPREADING ASSESSMENT
The amounts to be assessed against the assessable lots or pazcels of land to pay the estimated cost of the
_ improvements, including the maintenance and servicing thereof and the costs and expenses incidental
thereto, shall be based upon the estimated benefits to be derived by the various lots or pazcels of land
within the assessment district.
The assessment for administrative costs shall be spread equally to all of the lots or parcels of ]and located
in the assessment district.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zones 1
through 7B, 9 through 12, 15 through 17, 22, 25 through 29, and 31, as described in Resolution No. 04-
00 ,shall be spread equally to all of the lots or parcels of land located within each said respective
zone of the assessment district.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 24, as
described in Resolution No. 04-00 ,shall be spread as follows:
Costs related to street lights and street trees shall be spread to all the lots or parcels of land located within
said zone, proportional to usable pazcel area.
Costs related to the Village Parking District (VPD) parking lots shall be spread to all the lots or parcels of
land in commercial use located within said zone, proportional to the number of parking spaces existing in
the VPD parking lots that are assigned to each pazcel within said zone, rounded to the neazest one tenth
(0.1) of a pazking space. Spaces shall be assigned by adding the total number of spaces in the VPD
pazking lots and the total private spaces existing on assessable parcels, distributing this sum
proportionally by weighted building area, and deducting the number of private spaces, if any, from the
resulting number for each parcel. Weighted building azea shall be defined as actual building azea
multiplied by a factor dependent on pazcel use, as follows: Retail = 1.0; office/service = 0.5; restaurant =
2.0.
Zones 0, 8, 13, 14, 18 through 21, 23, and 30 have been either detached or merged with other zones. A
portion of Zone 4 was redesignated Zone 26 in 1997.
Notwithstanding the above, the assessment levied for Fiscal Year 1999-2000 for each pazcel in Zones 2,
3, 6, 11, 16, 22, 25, 26, and 29 shall not exceed the amount indicated in Table 1 attached hereto, and the
assessment levied for Fiscal Year 2000-2001 for each parcel in Zones 1, 9, 12, 17, 27, 28, and 31 shall not
exceed the amount indicated in Table 2 attached hereto. In subsequent years, the maximum assessment
for each parcel shall be the amount calculated by multiplying its maximum assessment for the previous
year by 1.05.
-4-
TABLE 1
MAXIMUM ASSESSMENTS
FISCAL TEAR FISCAL PEAR
1999-2000 200 5
ZONE
$ 52.50 $ 67.00
2
$ 63.00 $ 80.41
3
$ 78.75 $100.51
6 $ 52.50 $ 67.00
11
$ 94.50 $120.61
16
$ 52.50 $ 67,00
22
$341.25 $435.53
25
$498.75 $636.55
26
$100.00 $127.63
29
TABLE 2
M AXIMUM ASSESSMENTS
FISCAL YEAR FISCAL YEAR
0~
200 200
ZONE
_
$ 75.00 $ 91.16
1
$180.00 $218.79
9
$275.00 $334.26
12
$ 60.00 $ 72.93
17
$150.00 $182.33
27
$400.00 $486.20
28
$ 70.00 $ 85,09
31
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both, thereof, of
landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other
ornamental structures and facilities, and public lighting facilities for the lighting of any public places,
including traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults,
conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts,
switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances,
including the cost of repair, removal or replacement of all or any part thereof; providing for the life,
growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing
and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric
current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or
operation of any other improvements; and the operation of any fountains or the maintenance of any other
improvements.
This work specially benefits the pazcels assessed therefor since 1) the work is adjacent to the
neighborhoods within which said parcels aze located, and results in a) helping to identify, distinguish and
enhance these neighborhoods, including the entrances thereto; b) helping to improve the quality of life in
these neighborhoods by reducing the potential for graffiti, eliminating dust and litter, providing sound
attenuation, eliminating the potential for blight, and providing added security and safety through lighting
and an added City presence; and 2) in the absence of this assessment district, the work and improvements
would not be otherwise accomplished by the City.
Benefits Provided within Each Zone:
__ Zone 1 (Manor Drive Landscape District) -Provides for landscape maintenance of the Manor
Drive median and Saratoga-Sunnyvale Road frontage along Tract 3822.
Zone 2 (Fredericksburg Landscape District) -Provides for landscape maintenance along the Cox
Avenue frontage of Tracts 3777, 4041 and 4042.
Zone 3 (Greenbriaz Landscape District) -Provides for landscape maintenance of the Seagull Way
entrance to Tracts 4628, 4725 and 4726, and of the common azeas along Goleta Avenue
and Guava Court.
Zone 4 (Quito Lighting District) -Provides for streetlighting and landscape maintenance in the El
Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833, and 8700.
Zone 5 (Azule Lighting District) -Provides for streetlighting in the Azule Crossing residential
neighborhoods: Tracts 184, 485, 787, 1111, and 1800.
Zone 6 (Sarahills Lighting District) -Provides for streetlighting in the Sarahills residential
neighborhood: Tracts 3392 and 3439.
Zone 7 (Village Lighting District) -Provides for streetlighting in four separate residential
neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a
portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2,
_ McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477,
5350, 5377, 5503, 5676, 6419, and 6731, and Saratoga Village.
-6-
Zone 9 (McCartysville Landscape District) -Provides for Landscape maintenance along the
Sazatoga-Sunnyvale Road frontage of Tract 5944.
Zone 10 (Tricia Woods Landscape District) -Provides for landscape maintenance along th __
Saratoga-Sunnyvale Road frontage of Tract 7495. (Maintenance and water shared with
Zone 27).
Zone 11 (Arroyo de Saratoga Landscape District) -Provides for landscape maintenance of the Via
Monte entrances to all or a portion of Tracts 2694, 2835, 3036, and 4344.
Zone 12 (Leular Court Landscape District) -Provides for landscape maintenance of the Leutar
Court frontage in Tract 6996.
Zone 15 (Bonnet Way Landscape District) -Provides for monthly landscape maintenance along
Bonnet Way: Tract 5462.
Zone 16 (Beauchamps Landscape District) -Provides for landscaping and lighting of the Prospect
Road entrance to the Beauchamps subdivision: Tract 7763.
Zone 17 (Sunland Pazk Landscape District) -Provides for landscape maintenance along the Quito
Road frontage of Tracts 976 and 977.
Zone 22 (Prides Crossing Landscape District) -Provides for periodic landscape maintenance
along Prospect Road between the Route 85 overcrossing and Titus Avenue, and along
Cox Avenue between the Route 85 overcrossing andSazatoga Creek. Includes all propertiP
bordered by Route 85, Prospect Road and Saratoga Creek with the exception of tl. _
Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938, and 1996).
Zone 24 (Village Commercial Landscape District) -Provides for routine maintenance of Village
Pazking Districts 1-4 and Big Basin Way landscaping.
Zone 25 (Saratoga Legends Landscape District) -Provides for landscape maintenance along the
Sazatoga-Suunyvale Road frontage of, and pedestrian pathways within, Tract 8896.
Zone 26 (Bellgrove Landscape and Lighting District) -Provides for common area landscape
maintenance and lighting associated with Tract 8700.
Zone 27 (Cunningham Place/Glasgow Court Landscape District) - Provides for landscape
maintenance along the Sazatoga-Sunnyvale Road frontage of Tracts 6199 and 7928.
(Maintenance and water shared with Zone 10).
Zone 28 (Kerwin Ranch Landscape District) -Provides for landscape maintenance along the
Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560.
Zone 29 (Tollgate Landscape and Lighting District) -Provides for maintenance of the common azea
landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946
and 5001.
Zone 31 (Horseshoe Drive Landscape and Lighting District) -Provides for landscape maintenance
along the Saratoga-Los Gatos Road frontage of Tract 247.
-7-
Zone Number
Administration
Misc. Overhead
Operations
Wages
Contracts
Repairs
Maintenance
Water
Electric
Subtotal
Indirect costs
Total Costs
Carryover
Property Tax
Net cost
Cover not recov.
Cover not reimb.
Net assess.
No. ofPazcels
Assmt./Pcl.
COST DETAIL
1 2 3 4 5
$ 164 $ 481 $ 995 $ 3,919 $ 639
$ $ $ $ $
$ 317 $ 929 $ 1,923 $ $
271
2,110 3,192 2,719
262 226 727
11,749 2,349
$ 2,960 $ 4,347 $ 5,369 $ 11,749 $ 2,349
$ 3,124 $ 4,828 $ 6,364 $ 15,668 $ 2,988
241 598 1,239 4,876 795
$ 3,365 $5,426 $ 7,603 20,544 $ 3,783
(78,424) (56,279)
(2,414) 524 (3,448) 3( 6,217) 1( 7,004)
$ 951 $ 4,902 $ 4,155 $(94,097) $(69,500)
94,097 69 500
$ 951 $ 4,902 $ 4,155 $ -0- $ -0-
29 85 176 693 113
$ 32.80 $ 57.68 $ 23.60 $ -0- $ -0-
-8-
Zone Number
Administration
Misc. Overhead
Operations
Wages
Contracts
Repairs
Maintenance
Water
Electric
Subtotal
Indirect costs
Total Costs
Carryover
Property Tax
Net cost
Cover not recov.
Cover not reimb.
Net assess.
No. of Parcels
Assmt./Pcl.
COST~DET_AIL
6 7A
7B
9
10
$ 362 $ 2,675 $ 1,646 $ 271 $ 51
$ $ $ $
$ $ $ 524 $ 98
$
1,719
2,520 583
1,400 151
3.358
27.182
$ -0- 154
$ 6,317 88
$ 920
$ 3,358 $ 27,182
$ 3,720 $ 29,857 $ 1,646 $ 6,588 $ 971
450 3.328 2.048
338
63
$ 4,170 33,185 $ 3,694 $ 6,926 $ 1,034
(58,488)
3( g 407) ~)
$ 4,170 $(63,7]0) $ -0- $ 6,926 $ 1,034
63.710
$ 4,170 $ -0- $ -0- $ 6,926 $ 1,034
291 48 9
64 473
$ 65.16 $ -0- $ -0- $144.28 $114.88
-9-
COST DETAIL
- Zone Number 11 12 15 16 17
Administration $ 1,414 $ 51 $ 232 $ 311 $ 1,131
Misc. Overhead $ $ $ $ $
Operations
Wages
$
2,731
$
98
$
448
$
601
$ 2,185
Contracts 60
Repairs 264 2,607 931
Maintenance 1,032 1,099 3,012 960 5,171
Water 454 819 794 1,248
Electric 465
$ 4,481 $ 2,016 $ 4,254 $ 4,693 $ 9,535
Subtotal $ 5,895 $ 2,067 $ 4,486 $ 5,004 $ 10,666
Indirect costs 1.759 63 289 387 1.407
Total Costs $ 7,654 $ 2,130 $ 4,775 $ 5,391 $12,073
Carryover
Property Tax
Net cost $ 7,654 $ 2,130 $ 4,775 $ 5,391 $ 12,073
Cover not recov.
Cover not reimb.
Net assess. $ 7,654 $ 2,130 $ 4,775 $ 5,391 $ 12,073
No. of Parcels 250 9 41 55 200
Assmt./Pcl. $ 30.62 $ 236.66 $ 116.46 $ 98.02 $ 60.36
-10-
Zone Number
Administration
Misc. Overhead
Operations
Wages
Contracts
Repairs
Maintenance
Water
Electric
Subtotal
Indirect costs
Tota] Costs
Carryover
Property Tax
Net cost
Cover not recov.
Cover not reimb.
Net assess.
No. of Parcels
Assmt./Pcl
COST DETAIL
22 24 25 26 27
$ 4,881 $ 707 $ 85 $ 531 $ 175
$ $ $ $ $
$ 9,428 $ 13,455 $ 164 $ 1,027 $ 339
650
5,810 5,170 1,063 171
5,340 2,849 2,397 23,621 2,009
849 3,883 992 10,394 518
341 331 3,712
$ 21,768 $ 20,837 $ 9,054 $ 39,817 $ 3,037
$ 26,649 $ 21,544 $ 9,139 $ 40,348 $ 3,212
6,073 880 106 661 218
$ 32,722 $ 22,424 $ 9,245 $ 41,009 $ 3,430
(286) (2,862)
2( 2,867)
$ 32,722 $ (729) $ 6,383 $ 41,009 $ 3,430
729
$ 32,722 $ -0- $ 6,383 $ 41,009 $ 3,430
863 125 15 94 31
$ 37.92 $ -0- $ 425.52 $436.26 $ 110.64
-11-
- Zone Number
Administration
Misc. Overhead
Operations
Wages
Contracts
Repairs
Maintenance
Water
Electric
Subtotal
Indirect costs
Total Costs
Carryover
Property Tax
Net cost
Cover not recov.
Cover not reimb.
Net assess.
No. of Parcels
Assmt./Pcl.
COST DETAIL
28 29 31
$ 90 $ 345 $ 294
$ $ $
$ 175 $ 667 $ 568
560 8,219
5,189 1,001 14,846
1,000 306 882
86 260 2.500
$ 7,010 $ 2,234 $27,015
$ 7,100 $ 2,579 $ 27,309
113 429 366
$ 7,213 $ 3,008 $27,675
4 050
$ 7,213 $ 3,008 $23,625
(19,205)
$ 7,213 $ 3,008 $ 4;420
16 61 52
$450.82 $ 49.32 $ 85.00
-12-
Clerk of the City of Saratoga, hereby certify that the roved, with the diagran'
I, Cathleen Boyer, the City
the amounts set forth in the column headed "Assessments as Preliminan y pP
2004.
thereto attached, was filed with me on
Cathleen Boyer
of Saratoga, hereby certify that the foregoing
roved",
I, John H. Heindel, the Engineer of Work for the City Council of said City of Saratoga as
assessments, in th uted~ n accordance lwithethel order ofa he ,C n,essments as Preliminazily App
have been recomp , dul adopted by said City Council on
expressed by Resolution No. 04- y
2003, said recomputed assessments being the amounts set forth in the column roved" weresconfirmed
Finally Confirmed ,provided, however, if the column headed "Assessments as Finally Confirmed" is
blank, the figures in the column headed "Assessments as Preliminarily App
without change•
2004
Dated
John H. Heindel, RCE li319
Clerk of the City of Saratoga, hereby certify that the foregoing assessments, m
I, Cathleen Boyer, the City p, roved"
the amounts set forth t the Column headed "Assessments as Finally Confirmed" (unless said co umn is
the amounts in the column headed "Assessments as PreliCo~cil of said City
in which even was approved and confirmed by the City
blank,
apply), With the diagram thereto attached2004.
of Saratoga on
Cathleen Boyer
The Assessment and Assessment Diagram were filed in the2004 e of the County Auditor of the County of
Santa Claza, California, on
County Auditor
SARATOGA CITY COUNCIL
MEETING DATE: Apri121st, 2004 AGENDA ITEM: /~
ORIGINATING DEPT: Public Works CITY MANAGER: ~~/~~
PREPARED BY: Rick Torres DEPT HEAD:
SUBJECT: Contract Renewal for Street Sweeping
RECOMMENDED ACTION(S):
Approve aone-yeaz contract extension with Los Altos Garbage Company for Street Sweeping
Services and authorize the City Manager to execute the same.
REPORT SUMMARY:
Over the past two years Los Altos Gazbage Company has swept the City's streets. Staff has been very
pleased with their performance and has noticed a marked improvement over the City's last
contractor performing the same work Los Altos Gazbage Company has agreed to hold their current
cost for their services for an additional yeaz. Currently, street sweeping services cost 56,648.00
annually.
The only change which has been made to the original contract is the reduction of arterial street
sweeping to once a month. This change was implemented last yeaz because of budget issues.
It is therefore recommended that Council approve an extension to the existing contract with Los
Altos Gazbage Company for Street Sweeping Services and authorize the City Manager to execute the
same.
FISCAL IMPACTS:
Funding for this contract is included in the adopted budget as well as in the proposed F.Y. 04/05
budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The existing contract would not be extended.
ALTERNATIVE ACTION(S):
The Council could direct staff to solicit additional proposal.
FOLLOW UP ACTION(S):
The contract extension will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None
~. ~f ~.
SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004 AGENDA ITEM: ~J~
ORIGINATING DEPT: Public Works CITY MANAGE ~
PREPARED BY: Morgan Kessler ~/ DEPT HEAD:
SUBJECT: Transportation Development Act (TDA) Article 3 Application for the Quito Road
Sidewalk Project.
RECOMMENDED ACTION(S):
Move to adopt the attached Resolution endorsing the project, and authorize the filing of an
application form for TDA Article 3 funds.
REPORT SUMMARY:
Background
Under the Transportation Development Act-Article 3, "Guaranteed" funds are made available each
year for bicycle/pedestrian projects. For this cycle, staff will apply for funding to be allocated
toward the Quito Road Sidewalk Project. This project will create new sidewalk along Quito Road
between the UPRR tracks and Mazshall Lane (see attached detail map). This year's Guaranteed
Allocation for the City of Sazatoga is $19,357.00. This amount will not be sufficient to
immediately start the project, consequently staff is requesting funds be "banked" so that next year's
funds will be cumulative with this year's allocation.
Discussion
To apply for this yeaz's allocation of TDA funding, authorization to submit the attached application
needs to be granted by the City Council. This would be accomplished by adopting the attached
Resolution.
FISCAL IMPACTS:
None at this time.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be approved, and the TDA Guaranteed Allocation of $19,357.00 would be
reallocated to other cities in Santa Claza County.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
City staff will file the 2004/05 TDA Article 3 application to VTA.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Resolution authorizing the filing of an application with the Valley Transportation
Authority for the allocation of Transportation Development Act Article 3 Funds for fiscal
year 2004/05.
2. Project Detail Map
2 of 2
Resolution No.
REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION
OF FISCAL YEAR 2004-OS TRANSPORTATION DEVELOPMENT ACT. ARTICLE 3.
PEDESTRIANBICYCLE PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section
99200 et sue, authorizes the submission of claims to a regional transportation planning agency for the funding of
projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning
agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled "Transportation
Development Act, Article 3, Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission
of requests for the allocation of "TDA Article 3" funding; and
WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3
funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay
region; and
WHEREAS, the CITY OF SARATOGA desires to submit a request to MTC for the allocation of TDA
Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive
benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it.
RESOLVED, that the CITY OF SARATOGA declares it is eligible to request an allocation of TDA Article
1 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or
projects described in Attachment B to this resolution, or that might impair the ability of the CITY OF SARATOGA
to carry out the project; and furthermore, be it
RESOLVED, that the CITY OF SARATOGA attests to the accuracy of and approves the statements in
Attachment A to this resolution; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting
materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or
county association of governments, as the case maybe, of Santa Clara County for submission to MTC as part of the
countywide coordinated TDA Article 3 claim.
This resolution was adopted by the CITY OF SARATOGA on Apri121, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
Attest
Cathleen Boyer, City Clerk, City of Sazatoga
Resolution No.
REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION
OF FISCAL YEAR 2004-OS TRANSPORTATION DEVELOPMENT ACT. ARTICLE 3.
PEDESTRIAN/BICYCLE PROJECT FUNDING
Findings
1. That the CITY OF SARATOGA is not legally impeded from submitting a request to the Metropolitan
Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor
is the CITY OF SARATOGA legally impeded from undertaking the project(s) described in "Attachment B" of
this resolution.
2. That the CITY OF SARATOGA has committed adequate staffing resources to complete the project(s)
described on Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters,
including those related to environmental and right-of--way permits and clearances, attendant to the successful
completion of the prof ect(s).
4. Issues attendant to securing environmental and right-of--way permits and clearances for the projects described in
Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize
the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental
Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), and that the CITY OF SARATOGA is in
possession of the document(s) supporting such compliance, said document(s) having been made available to for
public review and stamped by the County Clerk or County Recorder of the county in which the claimant is
located.
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other
than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for
the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping
Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for
the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article
3 funding for such a plan has not been received by the CITY OF SARATOGA within the prior five fiscal yeazs.
8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed
bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive
bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code
section 2370 et sec .).
9. That any project described in Attachment B that is a "Class I Bikeway," meets the mandatory minimum safety
design criteria published in Chapter 1000 of the California Highway Design Manual.
10. That the project(s) described in Attachment B are ready to commence implementation during the fiscal yeaz of
the requested allocation.
11. That the CITY OF SARATOGA agrees to maintain, or provide for the maintenance of, the project(s) and
facilities described in Attachment B, for the benefit of and use by the public.
i
i
MarshallLane
Elementary:School
City of Saratoga
TDA Article 3 Guaranteed Funds Application 04/05
Project Detail Map
N
No Scale
SARATOGA CITY COUNCIL
MEETING DATE: April 21, 2004 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANA
PREPARED BY: Jesse Balo~~ DEPT HEAD•
SUBJECT: State Budget Update
RECOMMENDED ACTION(S):
Accept Report.
REPORT SUMMARY:
The City continues to anticipate no further adjustments to its 2003/04 budget for the remainder of
the fiscal year. As you may recall, the City's third quarter budget adjustment reconciled the
projected loss of approximately $576k of its current year VLF revenue stream, which is
considered a backfill gap to be repaid in 2006. All current year adjustments have left the City's
Economic Uncertainty and Operating reserves intact.
The City's 2004-OS Operating Budget is underway and an early Budget Study Session has been
scheduled this Friday April 23`d. Finance Commission will review the City Manager's proposed
budget on Monday May 3`d and the proposed budget will continue to be presented at the May 5`h
Council meeting. The following is a highlight of significant budget impacts that will be
addressed during from the initial presentation of the proposed budget till its early June 2004
adoption:
1) The Governor's proposed expansion of the ERAF shift of local property taxes to
support school funding where an additional $156k is permanently lost beginning in
FY 2004-OS in property taxes;
2) The accounting for the '/4 cent triple-flip, which reduces current sales tax revenues
with a property tax offset, based prior year sales;
3) Contribution of 4.35% for the Employee's portion of PERS, roughly estimated at
approximately $200k;
4) Negotiated employee agreements and the rising cost of benefits; and
5) theeShe~fflseOfficeelfor the same leveltof serviee ncluded0an inc~easelof 18 3% or
$521k.
Any additional proposed impacts to local governments by the State will most likely not be
revealed till May 14, 2004, when the Governor delivers his proposed 2004-OS Revised Budget.
Future milestones of the States budget process include the following:
May 14, 2004 -Governor's May Revised budget for 2004-05.
June 15, 2004 -Legislature is required to pass the budget bill.
FISCAL IMPACTS:
To be determined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A.
ALTERNATIVE ACTION(S):
N/A.
FOLLOW UP ACTION(S):
Continue monitoring the States budget process and its impact on Saratoga finances.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT(S):
2 of 2
SARATOGA CITY COUNCIL
MEETING DATE: Apri121.2004
ORIGINATING DEPARTMENT: City Manager
PREPARED BY: Ann Sullivan
AGENDA ITEM:~_
CITY MANAGER: ~~ ~
DEPT HEAD:
SUBJECT: Commission Recognition Event
RECOMMENDED ACTIONS:
Accept report and direct staff accordingly.
REPORT SUMMARY:
Background
In the past, Council has budgeted funds for the Annual Commission Recognition event as a token
of appreciation for the volunteer hours and services provided by the Saratoga Commission
members. For the past four years this event has been held at the Sazatoga Country Club as a
formal sit-down dinner. This event includes all Commissioners, Council Members, City
Attorneys, City Manager's Office staff, Department Directors, and Commission Liaisons, plus
one guest each, which brings the number of pazticipants to a total of 165 to 170. Based on the
number of participants for the past four yeazs the average cost of this event has been
approximately $9,000. Due to budget constraints, staff has reseazched some alternative venues
and provides the following information for this year's event:
VENUE SEATING MENU FOOD & APPROXIMATE
CAPACITY ADDITIONAL TOTAL COSTS
COSTS
Viaggio Restaurant Insufficient -130 Pre-selected menu N/A N/A
Foothill Club Insufficient -125 Catered pre-selected N/A N/A
menu
Pat Smith Catering 190 -including Large selection of $29.00 per person. $5,721
(Saratoga) - Saratoga tables and chairs Hot & Cold Hors Includes wait staff. Including 15%
Community D'oeuvres including a Includes 12 floral gratuity and
Center/Multi-Purpose dessert selection arrangements for tables 8.25% sales tax
Room Less formal - (detailed menu
Buffet style service attached)
Sazatoga Country Club 200 -including Pre-selected menu of $53.00 per person. $11,808
Formal sit-down tables and chairs a beef/chicken, $500 Facility rental fee. Including 18%
dinner seafood and $300 for floral gratuity and
vegetarian entree arrangements on tables 8.25% sales tax
Mountain View
Olivari Deli &
Catering -Saratoga
Community
Center/Multi-Purpose
Room Less formal -
190 -including Pre-selected menu of
tables and chairs vegetablesaand
dessert (detailed
menu attached)
$22.00 per person.
Includes wait staff. Includin 15%
$300 for floral alai and
g< ~'
arrangements on tables 8.25% sales tax
Program options include roach.uEach Commi lion oou d fashion a display of accomplishments a
less formal reception app
and work-plan goals for 2004-05.
FISCAL IMPACTS:
Funds will be appropriated in FY 2004-OS City Cotmcil Special Event account based on direction
from Council.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION:
Options listed in report.
FOLLOW UP ACTION:
Staff will implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS: A -Proposal from Saratoga Pat Smith Catering
B -Saratoga Country Club Contract - 2003
C -Mountain View Olivari Deli & Catering
2of2
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14443 Big Baaln Way • Saratoga, CA 95070 • 409.967,Od33 • tax: 409.867.0435
SARATOGA COUNTR~f CLUB FACILITY USA GQNTR,ACT
This agroemant is for the faoftities, liquor, catering and sorvlaes by Saratoga Gauntry Clue (SCG) ant.
' ate:: Seotember 2s. 2003 Day: Thgrgt(ay Time: 6.30 n m - 71.00 n m
,.-s hereby agreed that:
i~ame.,,J±~Q„~„Rar t~aa Reaoonitiott D,J,pner AuthpRJ~ed l~)g~~,,~tlnsuHivan
ConEact: A ullivan Phone:~,0~ 80'x°-1276 Fax $87-8¢~
Street Address;~„3-jj7 Fruitvale Ave _,_~-mall• -
City;: ga^at°aa state: cA zip cade;~,, 7~i,Q o
"Hereinafter t.esse6" has contracted with Sarato8a Country Club far the use of the
Main Dining Room: YES Rental Fee:~500 00 plus saps tax 7ime• 8.30 a m -11'OA n m
VIP Room:.No Rental Fee: Time:
Ceremony StB:.1`!S~ ,, Rental Fee: Times
Applicable Menus and conditions apply as noted in 2003 Coroor;t~ ~aok '~ Estirnated~# of paople:.,~,QJ~
Under the forms and candltions of this contract the lessee ~:
7. Catering charges are eased on meat price plus gratuity 6 as/es tax. Ch!ldren's meals (Yp price meals) are not Mcludad in the
calculation forltem #3. Breakdown of chlldren,ages 8 pMcl Aged 3 & under (Free no meal aervetl), 4.8 {34 pace). 9 & above
:(regular adult prke). Minimum catering charge is eased on adult meals,
2 To submits noel countone week Aria to the event
3. To pay for the floe! count and additions to that number.
4. To payremaining balances due for this event on the day of the event..
S. Fesure to make scheduled payments may resuM in torfetfure of ali non-fundable deposits as weN as cance9aNon otitis avant.
B. To assume responsibl!!ty for the conduct of lessee, t; lessees' employeeslagents/guests and to assure that -such persons foilew
esfaMlshed-CWb policies regardlflgi else and volume o/musical groups, decwaEian, alcrohol consumption and permitted candud.
To pay for any damages to the Clrip, its members or guests caused by fesaee, lessees' agenUemployeeslguaats.
Ta purchase aM food and beverage from the Club.
9. That »o aicohokc beuareges will be brought onto the club premises bylessee, lessees' emAloyeea/agentsguasts.
70. To vacate the pramises'by the end of fha rental perioa.
9. That music and alcohoi'wlll cease :112 hour befgre contracted canctualon.
r2. To not exceed the maximum capacity of,200 (ln Main Dln/ng Room)..
t 3. To provide: chaperones:and/or security personnel when requested by iha Club,
1 d. That no food ar beverage be taken from fha premises.
~ r . _.. _......, w...dx..ix.. amdlc- lhon nnF Ilc1uA limas nra xutilent to 8n lddllkma/ fee'tor VBlet:barklnA
47. -lf the sushi is cancelled and we resaN fha date of equal tna rate stateo ut rrns
days attar fha avant ha$. taken place.
Pka+sa rsturn this contrectto Saratc>Ba Country Chub whhtn seven days of is
ice. Thk contraet~l
N TIMCa CAPiEB FQ!
sdings tic enfaraa ti
to such anforcemat
re goveming alcohc
~-~^ Date:
li ~I,.e.,,®.~''
r~c~ea try avy,
Aid be refunded 30
t represent that i am farPftia~~vH~rlfie iUi regulations of SCC anti raqulatiq
Accepted by Lessee: `
pate. of contract issuance:~Jav 9.2003 Accepted by BCC:
Nonr®fundabie rerNal depositrequired of; a~~~4 ,~QO'" ~ issuance.
Nonrefundable Food t: Beverage peposit: ~Y.SI«1.6e Due pataT
AA late pa is will be subJect to a 10% surcharge. Final balance Wlltbe dW
`tial:
~[M1IOA~ gy.Rx~pxLK xcx.
grag66. nn
...:.. ~~' Lf~~
aR ann3 Recd. trv
end of the recaptbn.
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04/18/2004 14:00 FA% 408 885 8x24
Apri113, 2004
To: Mrs- Ann Sullivan
Secretary to City Manager
From: Olivari Deli and Catering
Dear Mrs. Sullivan,
Pe~• our conversation last week, here is a proposed menu and the cost for the buffet for
your Commission Recognrtion Event:
Dinner will be served as buffet style:
Hors D'oeuvres
Fresh fruit
Grilled Orange Chicken
Chicken Cordon Bleu
Dinner Roll
Fresh Cheese Tortellini w/Onion & Goat Cheese
Mashed Potato w/ Gravy
Steamed Vegetable with Batter & Garl~e
Caesar Salad
Spinach Salad
coffee (regular/decal and tea
Assorted Sodas
Assorted Cookies
Assorted Cakes
The price per person for all of the above is X19.75
gratuity on the total invoice.
(sale tax excluded). Please add 15
Please let me know if you would like to add anything else to the menu. We would be
happy to accommodate your request. 1 would like to thank you for giving us the
opportunity to Present this proposed letter to you. l can be reached at (408) 509-9298 or
Jenny at (650) 968-2061.
Best regards,
Amy luu
SARATOGA CITY COUNCIL
MEETING DATE: A~ri121, 2004 AGENDA ITEM: ~~
ORIGINATING DEPT.: City Manager's Office CITY MANAGER:, ' ~, l- 1
,~ ,
PREPARED BY: Danielle Studin, Econ. Dev. Coord. DEPT. HEA``D:^~
SUBJECT: Village Fagade Improvement Program
RECOMMENDED ACTION:
Accept report and give staff direction on the Village Fagade Improvement Program.
REPORT SUMMARY:
In an effort to help Sazatoga's struggling downtown Village Commercial District, the City
Council approved $50,000 for FY 2003-2004 to fund a Village Fagade Program to spur private
investment. The Village Ad Hoc Committee was asked to oversee the creation and
implementation of the program. Currently, many of our downtown businesses are in need of
some beautification assistance. This Fagade Improvement financial assistance would help
business owners acquire new awnings, signs, exterior painting, etc.
The Village Fagade Improvement program will offer financial assistance to local business
owners with property owner approval, or an interested property owner on a matching grant basis.
The City will reimburse the applicant 50% of approved project expenses up to a max of $5000.
All eligible applicants will have fagade improvement projects that will be noticeable from Big
Basin Way.
Any fagade improvements that occur in this program will have to meet applicable codes,
ordinances/statutes and requirements of the City of Sazatoga, and will be reviewed by the small
fagade improvement committee. This committee could include a representative from our
planning department and our code enforcement officer.
The application period for the matching grant program begins July 1 of each yeaz, and remains
open until all City funds have been expended or committed for the current fiscal year. Project
cost approvals are limited to a maximum of $5,000 per project, and no single property owner
may receive more than 33% of the funds appropriated for this program in any one year. Many
property owners have multiple business tenants on a single parcel. If multiple tenants were to
apply from one specific parcel, they could only receive up to 33% of the total yeazly funds
appropriated for the Fagade Improvement Program. Property owners and/or business owners may
participate in multiple years, as long as they meet program requirements.
Program Administration Option A:
- program would be administered by Staff and renewed yearly through the CIP Process
- Village Ad Hoc Committee will review each project request and recommend project
approval to Council
- Staff would provide updates to Council on all grant recipients progress
Program Administration Option B:
- Program would be administered by Staff and renewed yearly through the C1P Process
- Staff Fagade Improvement Co ublic works department, and~our code enfo cem nt
of the planning department, p
officer) would make administrative decisions on all potential grant recipients with no
additional Council approval
- Staff would provide updates to Council on grant recipients and their progress
FISCAL IMPACTS:
Funding for possible future activities related to establishing and administering a Village Fagade
Improvement Program has been appropriated in the CIP.
ADVERTISING, NOTICING, AND PUBLIC CONTACT:
Copies of the report were sent to the Saratoga Chamber of Commerce.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION:
1. No Village Fagade Improvement Program will be established.
ALTERNATIVE ACTION (S):
N/A
FOLLOW UP ACTION (S):
Sro r m via pity webs teaSaratoga News, Sarlatoga Chamber of Commerce,gand Saratoga f the
P g
Business Development Council.
ATTACHMENTS:
1. Draft Village Fagade Improvement Program
O~of S~~o~
~~~FOR~ Facade Im rovement Pro ram
p ~
PROGRAM DESCRIPTION AND FUNDS AVAILABLE
This program is a 50%grant-matching reimbursement' program, administered
by the City of Saratoga Economic Development Program. The purpose of this
program is to encourage business facade improvements in the Village
Commercial District, visible from Big Basin Way. This program does not extend
to properties owned by government entities, churches or religious institutions,
and projects must conform to current code standards.
CRITERIA
Successful applicants are typically for programs or projects that best meet the
following criteria:
^ Exterior Improvements visible from Big Basin Way, required to bring a
property in the designated area into compliance with applicable codes,
ordinances/statues and requirements of the City of Saratoga, or of any
other entities having jurisdiction
^ Painting, signage, lighting, and exterior repair projects to facilitate
implementation of applicable Village Design Guidelines
^ Projects to add shade features to storefronts, specifically canvas awnings
^ Landscaping projects to enhance Big Basin Way
• Facade improvements to enhance design interest, such as adding inlaid
tile, brick, decorative cornices and other architectural features, and
enhanced door and window treatments
Applicants other than the property owner i.e., current business owner, must
provide written approval signed by the property owner for any future facade
improvements.
~ "Grant reimbursement" means that applicants must expend funds for the services or materials needed and
then submit receipts for reimbursement by the City.
Proposals for the following are not eligible:
• Tenant Improvements that are NOT visible from Big Basin Way
Upgrades to electrical, gas, heating, or telecommunications
^ Interior tenant improvements including interior carpeting, tiling, and
partition walls
Awarded funds must be requested during the fiscal year of 2004-2005 Quly 1,
2004 -June 30, 2005).
SUMMARY REPORT REQUIREMENTS
Funding recipients are required to submit a summary report when submitting
the reimbursement requests but not later than August 30, 2005. The ro orram ort
include total funding received for the activity and funding sources, p g
project accomplishments, receipts of purchases and/or contractor work, and
whether the goals in the application were met including why or why not, and
any other appropriate information. Photos or other appropriate forms of
documentation are encouraged. Failure to submit a report will result in
ineligibility for funding.
HOW TO APPLY co ies of the completed
Applicants should submit one (1) original and two (2) p
application during the fiscal year of July 1, 2004 -June 30, 2005. Funds are
available on afirst-come-first-serve basis, so you are encouraged to get your
application in as soon as possible to ensure funds are still available. Priority will
be give to projects proposed for code compliance, and then on the basis of the
contribution the project would make to streetscape beautification.
No single parcel with multiple tenants may take eP f ° al year3oHoweveroa 1
available Facade Improvement Funds for any PP y
property owner and or business owner ma a 1 for multiple years, as long as
they meet the requirements.
MORE INFORMATION
Please contact Danielle Surdin, Economic Development Coordinator, at 408-868-
1294, via email at dsurdin~>sarato a.ca.us or in writing at 13777 Fruitvale
Avenue, Saratoga, CA 95070.
SARATOGA CITY COUNCIL
MEETING DATE: April 21, 2004
ORIGINATING DEPT: Public Works
// \
PREPARED BY: Cary BloomquisY~
AGENDA ITEM: /~~
CITY MANAGE ~"l'1
DEPT HEAD:
SUBJECT: Wildwood Park Water Feature Approval
RECOMMENDED ACTION(S):
Authorize the City Manager to enter into a professional design and build agreement with
Interplay Design.
REPORT SUMMARY:
At their August 6, 2003 meeting, Council approved the design plans for Wildwood Park, which
include a water feature element created by Interplay Design. Since then, the water feature design
has been slightly modified. The changes were subsequently reviewed and approved by the
Wildwood Park Task Force at their Mazch 8, 2004 meeting and by the Parks and Recreation
Commission at their Apri15, 2004 meeting.
Additional changes were made to the proposed water feature Apri18, 2004 per feedback received
from Council Members and after a site visit to an azea park with a similaz water feature. The
changes entail removing the rock border surrounding the perimeter of the receiving basin,
thereby creating a smooth transition from the basin to the surrounding sand. This will allow
easier receiving basin access for toddlers and small children. The water feature will be
incorporated into the natural slope of the site as much as possible given the design constraints of
the water feature.
Listed below aze the Wildwood Park water feature elements:
• Sand/water play feature with a raised faux sandstone water channel incorporating
decorative colored pebbles, nature artifacts and impressions.
• Water bubbler, at tallest part of the feature, enables water to flow down entire length of
channel.
• Water Feature surrounded by sand, with a minimum depth of 12"
• Discovery dig will be incorporated into the sides of the water feature with fossils and
nature artifacts placed slightly below sand level.
• 32 inches tall at the highest point above sand level, tapering off to three inches above
sand level at collector basin. For safety reasons, Interplay Design does not recommend
having the collector basin at sand level, but elevated slightly so it is visible yet easily
accessible to toddlers and small children.
• Overall length measured end to end, including collection basin, approximately 15 feet.
Effective length of channel and basin approximately 20 feet.
• Water channel terminates and falls about eight inches into a flat collection basin, 7'6" by
floor of the basin. Ronndedbedge of basin will transrt on into surrounding sand w th ut
any obstructions.
• Water feature controlled by pushing a button on Activator Controller Bollard. Battery
operated timer, which can be set by staff, determines the length of time the water flows
and time of day it operates.
Based upon estimates from Interplay Design, it should take approximately 12 weeks from deposit
to delivery of the water feature, which City staff will install with guidance from Interplay Design.
This aspect of the Wildwood Park project is being treated separately from the other pazk
elements, and should not delay completion and dedication of the pazk by Summer 2004. The
water feature cost, listed at $18,060 on the Proposal from Interplay Design (attachment A), is
included in the current Capital Improvement Project (CIP) Plan, but does not include a staff
estimated 25 percent contingency fee of $4,515. The total water feature project cost should not
exceed $22,575, with funding available from the current CIP.
At the time of this writing, staff is in the process of trying to attain a revised top view photo of
the water feature showing the changes to the edge of the collection basin. Should it become
available, staff will present this revised photo to Council at their meeting.
FISCAL IMPACTS:
Estimated $22,575 will be allocated from current CIP funding.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
$22,575 will remain in current CIP funding and water feature will not be built.
ALTERNATIVE ACTION(S):
Allocate CIP funding to another park project or leave funding in CIP.
FOLLOW UP ACTION(S):
City Manager will execute a professional design and build agreement with Interplay Design.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
Attachment A: Interplay Proposal and photos.
ATTACHMENT A
Ca Bloom uist
From: <Adonch@aol.com>
To: <cbloomquist@saratoga.ca.us>
Sent: Wednesday, April 14, 2004 1:06 PM
Subject: Note on proposal
Dear Mr. Bloomquist:
As per our telephone conversation on 4/14/04 we will be making the following changes to the proposal dated an.
14th 2004. The rice of the ro osal will will remain the same.
1. At your request we will eliminate the "rock" border on the circle pebble mosaic and round over the edges of the
piece.
2. Provide off loading of the sculpture pieces from our truck to the area graded and prepared by your city sta .
Sincerely yours,
Thomas Arie Donch
4/14/04
I~PIc~~
Proposal
1/14/04
For: Sand/Water Play Sculpture, Wtld Wood Park
Scope of Work:
Fees:
Sand Water Play Sculpture
Sand /water play feature with a raised faux sandstone water channel with water bubbling up
from the tallest parts of the rock formation. Overall length of the feature will be approximately
fifteen fce[. Height will be approximately 32 inches at the highest point above sand level .The
stream bed will incorporate decorative colored pebbles, nature artifacts and impressions. A
discovery dig will be incorporated with fossils and nature artifacts embedded in the sides of the
water play feature below sand Icvel. At the end ofthe raised formation water will nimble
about eight inches into a flat collecting basin of pebbles. This basin will protrude about 3~'
inches above sand level and be approximauly 7' 6" by 7'6". Several water solutes will
bubble up from the basin. The water feature will be controlled by children pushing a button
will control the water flow on a sepatately controlled water activator. The activator includes a
timer that determines the ]ength of time the water flows. This lithium battery powered timer
can also control the time of day the water can be activated in the morning and evening.
Design of Sand/Water Scnlpture ......................................................» 1.400.
Design to include one visit to the site with the clay working model for
approval prior to creation of the project
Sand Water Play Sculpture ................................................................. 14,350.
AMivator Controller Bollard with Sales Tax ........................................... 1,060.
Delivery to Site andConsultation .................................................................. 1,250.
Price includes handling and delivery to the site. Does not include taking off
Truck with crane or forklift at the site. Price includes five hoots on-site
consultation work with city workers installing the sculpture and water feature.
Conditions: 90-120 days lead time from deposit to completion and delivery of work.
Owner or general cormactor can pickup work at our studio and install (or just install for about savings.
Terms: S 1,400. For design work (Completed, will be billed separately)
One third down to initiate work (S 5,553.).
One third down prior to delivery (S 5,553.).
Final third down (S 5,553.) upon completion of scope of work.
Please Remit Payments to: Interplay Design, 960B Alamo Drive, Vacaville, CA 95687
960 B Alamo Ihive, Vacaville, California 95667 Phone: 707.447.8985 Fax: 707.447.3554 vnvw.interolavdesirn.com
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SARATOGA CITY COUNCIL
MEETING DATE: Apri121, 2004 AGENDA ITEM:
ORIGINATING DEPT: City Manager CITY MANAGER: ~~G~-~-~
PREPARED BY: Assistant City Attorney DEPT HEAD:
SUBJECT: Report on Costs Incurred for Abatement at 14660 Quito Road, Saratoga,
California (ESCAMILLA - APN 407-14-004)
RECOMMENDED ACTION(S): Confirm, as submitted, the report on Costs of
Abatement Incurred for the Abatement of Nuisances at 14660 Quito Road, Saratoga,
California (ESCAMILLA - APN 407-14-004) and adopt the attached Resolution
Confirming Report and Authorizing Special Assessment and Other Actions for Recovery
of Costs of Abatement.
REPORT SUMMARY:
Procedural Background. This Report will first provide the relevant background
on the procedures to be followed in order to recover the City's costs incurred for
abatement at 14660 Quito Road, Sazatoga, California (ESCAMILLA - APN 407-14-004
("subject property")). It is recommended that these proceedings be conducted as soon as
possible following the abatement in order to ensure that the appropriate lien or special
assessment is promptly placed on the property. Government Code Section 38771 and
following allow the City to set up a procedure for recovery of abatement costs. Saratoga
City Code Sections3-15.120 and 3-15.130 generally establish this procedure for the City.
As required by law, at least 10 days prior to the Apri121, 2004 City Council
meeting a copy of this Report by the City Manager and written notice that the Report and
its confirmation will be considered by the City Council on that date was mailed to the
owner of the subject property. The notice specified, as required, that the City intends to
impose costs as a lien against the parcel and/or a special assessment against the parcel
and that such pazcel maybe sold by the tax collector after three years for any unpaid
assessment. The notice also contained the required statement that the City has elected to
seek recovery of attorney's fees incurred in connection with the abatement and that under
these circumstances the prevailing party in these nuisance abatement proceedings and/or
litigation maybe entitled to reimbursement of reasonable and necessarily incurred
attorney's fees.
At the hearing on the Report on Apri121, 2004, the City Council must hear any
objections of the owner of the subject property proposed to be assessed. The Council is
permitted to modify the City Manager's report "if it deems appropriate," or confirm the
Report as submitted. The Council's action must be taken by Resolution. A proposed
Resolution is attached.
Following final action on the Report by the Council, the City should pursue a
special assessment to recover the costs of the abatement. This is accomplished by
transmitting a copy of the Report confirmed by the Council, together with a copy of the
Resolution adopted by the Council, to the County Tax Collector. The Resolution
submitted for the Council's consideration authorizes and directs the City Manager and the
City Attorney to take all actions necessary and convenient to impose and collect a special
assessment for the abatement costs and to provide at least constructive notice of the
assessment against the subject property.
Facts Regarding Abatement. Approximately one year ago, City Code
Enforcement first received a complaint regarding an enl and vehicle were reportedly
apparently abandoned vehicle under it. The garbage p
there approximately six to nine months before the complaint was made to the City. After
the City followed the procedures required by law and obtained a Court Order to go on the
subject property and abate the nuisance, the owner finally removed the garbage herself
and has promised to remove the vehicle by Apri130, 2004. If the vehicle is not removed
by that deadline, the City will remove it at the owner's expense and present a
supplemental Report of the costs of that additional abatement to the City Council for
abatement. However, because of past statements of the owner that she intends to sell
the subject property as soon as possible, it is recommended that the City Council proceed
with this Cost Confirmation Hearing on Apri121, 2004.
Even though the owner of the subject property eventually took some action
herself to abate the nuisance (after at least 18 months), she did so only after service of
numerous notices and litigation by the City. The litigation required the filing of
substantial pleadings in order to obtain an Inspection Warrant and subsequently an
Abatement Warrant, the latter after noticed Motion and Hearing before the Court. The
owner of the subject property could have consented to the inspection and consented to the
abatement so as to avoid the need for litigation, but she did not contact the City or
consent to any action by the City. Under these circumstances, it is fair that the owner of
the subject property, rather than City taxpayers, ultimately bear the costs of compelling
the abatement.
Costs of Abatement. An Itemized Cost Statement is attached showing the total
cost of abatement proceedings as $19,583.66.
FISCAL IMPACTS:
The fiscal impact of the abatement is $19,583.66.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City would absorb all of the direct and indirect costs related to the abatement.
ALTERNATIVE ACTION(S):
Absorb the cost of the abatement
FOLLOW UP ACTION(S): None necessary by the City Council unless vehicle not
removed by Apri130, 2004.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The owner of the subject property was duly served notice of the Apri121, 2004
City Council meeting and a copy of this Report at least 10 days prior to that date. The
notice advised her that confirmation of the Report would be considered at the Apri121,
2004 City Council meeting. Furthermore, the owner of the subject property, Jane
Escamilla, was personally served with Summons and Complaint seeking abatement filed
in the Superior Court. In addition, a copy of this Notice and Report was duly and timely
posted on the subject property and at City Hall.
ATTACHMENTS:
1. Proposed Resolution
2. Itemized Cost Statement
3. Notice re Hearing on Report of Costs to City Council for Abatement of
Nuisance at 14660 Quito Road, Sazatoga, CA (APN 407-14-004)
4. Affidavit of Posting
5. Proof of Service by Mail
RESOLUTION NO. __-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONFIRMING AND ADOPTING COST RECOVERY REPORT FOR THE
ABATEMENT OF PUBLIC NUISANCES
LOCATED AT 14660 QUITO ROAD (ESCAMILLA - APN 407-14-004)
WHEREAS, the City Council of the City of Sazatoga has the authority to abate
public nuisances; and
WHEREAS, Government Code Section 38771 and following allow the City to set
up a procedure for recovery of abatement costs and Sazatoga City Code Article 3-15
establishes this procedure for the City; and
~EREAS, the attached Rep4660 Quito Road, Sazat ga, Calfomia (APN 407 n
the real property of Jane Escamilla,
14-004 ("subject property")) was considered at a duly noticed public meeting of the City
Council on Apri121, 2004, at which time Jane Es b ections by or on behalf of the owner
were afforded an opportunity to be heard on any J
of the subject property to be assessed for the abatement costs; and
WHEREAS, the City Council finds that the attorney's fees incurred by the City
and assessed for the abatement costs were reasonable and necessarily incurred; and
WHEREAS, in the event that the vehicle on the subject property which the owner
has promised to remove no later than Apri130, is not lemental Report of olsts associated
City incurs additional expenses in removing it, a supp
therewith will be submitted to the City Council for confirmation.
NOW, THEREFORE, BE IT RESOLVED AND ORDrtREDe City M ger
Council of the City of Sazatoga does hereby confirm ortR~es that the total cost of
attached hereto as Exhibit A as submitted, w~ch of~Jane Escamilla, 14660 Quito Road,
abatement of the public nuisances on the property
Sazatoga, California (APN 407-14-004) was $19, 583.66.
NOW, THEREFORE, BE IT FURTHER REOLVED AND ORDERED that the
City Council of the City of Saratoga hereby auo °c nventena to impose and co a gea and
the City Attorney to take all actions necessary
special assessment against property known as 14660 Quito Road, Sazatoga, California
(APN 407-14-004) and provide at least constructive notice to the owner or prospective
owner(s) thereof.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of
California on Apri121, 2004 by the following roll call vote:
., , nccn llT TiT(1
RESOLUTIO TO ~COAIV,IFORN GATEMEN t ~w r J i ~~• • . ~.
ROAD,SARA
AYES:
NOES:
ABSTAIN
ABSENT:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
RESOLUTION RE RECOVERY OF ABATEMENT COSTS FOR 14660 c~urru
ROAD, SARATOGA, CALIFORNIA
ITEMIZED COST STATEMENT
The following is an itemized list of all abatement costs incurred by the City
associated with abatement of nuisances at 14660 Qucosts which the C'ty may incur if the
(ESCAMII-LA - ApN 407-14-004), excluding any
vehicle on the subject property is not removed by the owner of the vehicle or the owner
of the subject property by Apri130, 2004 and is subsequently removed by the City:
In Dollars
Attor~ Fees: $6,800.00
Jonathan Wittwer, Assistant City Attorney $6,697.50
Jana Rinaldi, Pazalegal
Total Attomey Fees: $13,497.50
In Hours
City Staff Time and Expenses: 34 hours
Thomas Sullivan, AICP
Community Development Director
Steve Prosser,
Public Safety Officer
106 hours
Total City Hours: 140 hours
Total Staff Costs: $5,617.10
$154.56
Expenses
Court and RecordinE Fees:
Complaint
Motion for Inspection Warrant
Recording Fees (Notice of Violation)
Motion for Abatement
Notary Fees
Total Court Costs:
TOTAL COSTS OF ABATEMENT:
In Dollars
$226.50
$ 25.50
$ 27.00
$ 25.50
$ 10.00
$314.50
$19,583.66
~~~~ O~ ~ ° ° ~~~~
13777 FRlilTVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
Apri19, 2004 COLINC:IL MEMBCf2S:
Incorporated October 22, 1956 Stan Bogosian
DELIVERED BY FIRST CLASS MAIL AND POSTING ON PROPERTY Kathleen King
KNOWN AS 14660 QUITO ROAD, SARATOGA, CALIFORNIA Norman Kane
(ESCAMILLA - APN 407-14-004 Nick Streit
) ~ Ann Waltonsmith
Jane S. Escamilla
16005 Shannon Road
Los Gatos, CA 95032
Re: Notice re Hearing on Report of Costs to City Council for Abatement of
_ Nuisance at ]4660 Quito Road, Saratoga, California (APN 407-14-004)
YOU ARE HEREBY NOTIFIED:
That on April 21, 2004, at the City Council's regulazly scheduled meeting at 7:00 p.m: in
the City Council Chambers at 13777 Fruitvale Avenue, Sazatoga, California, 95070, the City
Council will hold a hearing to review and consider a Report from the City Manager on the costs
incurred by the City associated with the abatement of nuisances and maintenance of conditions in
violation of the City Code at 14660 Quito Road, Saratoga, California (APN 407-14-004). The
Report is attached hereto and includes investigative, administrative and direct abatement costs
and all other reasonably related costs. The City is seeking recovery of attorney fees incurred in
connection with the abatement. The prevailing party in nuisance abatement proceedings and/or
litigation maybe entitled to reimbursement of reasonable and necessarily incurred attorney's fees.
At the hearing before the City Council on Apri121, 2004, you have the right to be heard
on any objections you may have to the assessment of abatement costs (including the amount
thereof), and you have the right to file a written report of your objections with the City Clerk at
any time prior to the time set for the hearing on the Report of Costs. Each objection must contain
a description of the property in which you aze interested and the grounds of the objection. The
City Council may modify the Report of Costs if it deems it appropriate or confirm the Report as
presented.
THE CITY INTENDS TO IMPOSE THE COSTS OF ABATEMENT AS A LIEN
AGAINST THE PARCEL AND/OR A SPECIAL ASSESSMENT AGAINST THE
PARCEL AND SUCH PARCEL MAY BE SOLD BY THE TAX COLLECTOR AFTER
THREE YEARS FOR ANY UNPAID ASSESSMENT AGAINST THE PARCEL.
Date: Apri19, 2004 CI~ F S TOG~~ j
DAVE ANDERSON
City Manager
CALIFORNIA 96070 • (40fi) 868-1200
13771 FRUITVALE AVENUE • SARATOGA,
Apri19, 2004 COLiNCIL MEMBERS:
Stan Bogosian
Incorporated October 22, 1956 Norman Kline
DELIVERED BY FIRST CLASS MAIL AND POSTING ON PROPER Kathleen King
SARATOGA, CALIFORNIA Nick Streit
KNOWN AS 14660 QUITO ROAD, Ann Waltonsmith
(ESCAMILLA -APN 407-14-004)
Jane S. Escamilla
842 Pollard Road
Los Gatos, CA 95032-1413
Re; Notice re Hearing on Report of Costs to City Council for Abatement of
Nuisance at 14660 Quito Road, Saratoga, California (APN 407-14-004)
YOU ARE HEREBY NOTIFIED:
That on Apri121, 2004, at the City Council's regularly scheduled meeting at 7:00 p.m. in
California, 95070, the City
the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, er on the costs
Council will hold a assoc ated with the abat mentrof nuisances andhmainten nce of conditions in
incurred by the City 407-14-004). The
violation of the City Code at 14660 Quito Road, Saratoga, Califomia (APN
Report is attached hereto and includes investigative, administrative and direct abatement cos s
Is seeking recovery of attorney fees incurred in
and all other reasonably related costs. The CItY i nuisance abatement proceedings and/or
connection with the abatement. The prevailing park' ~'
litigation maybe entitled to reimbursement of reasonable and necessarily incurred attorney's fees.
At the hearing before the City Council on April 21, 2004, you have the right to be heard
on any objections you may have to the assessment of ab ow objections(with the C'ty Clerk aat
thereof), and You have the right to file a canon the Report of Costs. Each objection must contain
any time prior to the time set in whi h yougare interested and the grounds of the objection. The
a description of th~podiP ~ Report of Costs if it deems it appropriate or confirm the Report as
City Council may fY
presented.
THE CI pARCELDAND OR ASPECIAL ASSES SMENT AGAINST THE LIEN
AGAINST THE
PARCEL AND S FCOHR ~ UNp~D A SE O MENT AGAINST THE PAR CE ~E
THREE YEARS
CIT~ F SARATOGP'_
Date: Apri19, 2004 ~_
Dry ANge RSON
18917 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95010 (408) 868-1200
Apri19, 2004 COiJNCIL.MEMIIERS:
Incorporated October 22, 1956 Stan Bogosian
DELIVERED BY FIRST CLASS MAIL AND POSTING ON PROPERTY Kathleen King
KNOWN AS ]4660 QUITO ROAD, SARATOGA, CALIFORNIA Norman Kline
Nick Streit
(ESCAMILLA - APN 407-14-004) ,ann waltonsmitn
Jane S. Escamilla
14660 Quito Road
Saratoga, CA 95070
Re: Notice re Hearing on Report of Costs to City Council for Abatement of
Nuisance at ]4660 Quito Road, Saratoga, California (APN 407-14-004)
YOU ARE HEREBY NOTIFIED:
That on April 21, 2004, at the City Council's regulazly scheduled meeting at 7:00 p.m. in
the City Council Chambers at ]3777 Fruitvale Avenue, Sazatoga, California, 95070, the City
Council will hold a hearing to review and consider a Report from the City Manager on the costs
incurred by the City associated with the abatement of nuisances and maintenance of conditions in
violation of the City Code at 14660 Quito Road, Sazatoga, California (APN 407-14-004). The
Report is attached hereto and includes investigative, administrative and direct abatement costs
and all other reasonably related costs. The City is seeking recovery of attorney fees incurred in
connection with the abatement. The prevailing party in nuisance abatement proceedings and/or
litigation maybe entitled to reimbursement of reasonable and necessarily incurred attorney's fees.
At the hearing before the City Council on April 21, 2004, you have the right to be heard
on any objections you may have to the assessment of abatement costs (including the amount
thereof), and you have the right to file a written report of your objections with the City Clerk at
any time prior to the time set for the hearing on the Report of Costs. Each objection must contain
a description of the property in which you are interested and the grounds of the objection. The
City Council may modify the Report of Costs if it deems it appropriate or confirm the Report as .
presented.
THE CITY INTENDS TO IMPOSE THE COSTS OF ABATEMENT AS A LIEN
AGAINST THE PARCEL AND/OR A SPECIAL ASSESSMENT AGAINST THE
PARCEL AND SUCH PARCEL MAY BE SOLD BY THE TAX COLLECTOR AFTER
THREE YEARS FOR ANY UNPAID ASSESSMENT AGAINST THE PARCEL.
Date: Apri19, 2004 CITY OF SARATO~GA~®
~~-'~ (i--~--
DAVE ANDERSON
City Manager
Affidavit of Posting
~~ = being duly sworn, deposes
I ~1 ~,,;~ F}'rc • r-tom ~1- ,Badge No.
and say; that I azn a citizen of the United Stated, over the age of 18 years; that acting for
the City of Saratoga on the 9`h day of Apri12004, that Iposted adocument -
1) NOTICE AND REPORT OF TOTAL ABATEMENT COSTS REGARDING
HEARING ON REPORT. OF COSTS TO CITY COUNCIL FOR
ABATEMENT OF NUISANCE AT 14660 QUITO ROAD, SARATOGA,
CALIFORNIA (APN 407-14-004)
On the property of: Jane S. Escamilla, 14660 Quito Road, Saratoga, CA 95070
~~~~~ ~ ~"
~„
Steve Prosser, Public Safety Officer
City of Sazatoga
Date/Time
PROOF OF SERVICE BY MAIL
I certify and declare as follows:
I am over the age of l 8, and not a party to this action. My business address is
City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070, which is located in Santa
Clara County where the mailing described below took place.
I am familiar with the business practice at my place of business for the collection
and processing of correspondence for mailing with the United States Postal Service.
Correspondence so collected and processed is deposited with the United States Postal
Service that same day in the ordinary course of business.
On Apri19, 2004, the following document(s):
1. NOTICE AND REPORT OF TOTAL ABATEMENT COSTS
REGARDING HEARING ON REPORT OF COSTS TO CITY
COUNCIL FOR ABATEMENT OF NUISANCE AT 14660 QUITO
ROAD, SARATOGA, CALIFORNIA (APN 407-14-004)
was placed for deposit in the United States Postal Service in a sealed envelope, both by
First Class Mail with postage fully prepaid, and by Certified Mail Return Receipt Request
with postage fully prepaid to:
Jane S. Escamilla
14660 Quito Road
Saratoga, CA 95070
Jane S. Escamilla
842 Pollard Road
Los Gatos, CA 95032-1413
Jane S. Escamilla
16005 Shannon Road
Los Gatos, CA 95032
I certify and declare under penalty of perjury tha~t~tyh-e forgoing is true and correct.
Dated: ' j i <i i ~ ~ ~ /~' ! ~C/-~ `r~~ '"
Steve Prosser, Public Safety Officer
City of Saratoga