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Home My WebLink About05-19-2004 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MAY 19, 2004 OPEN SESSION - 5: 30 P.M. JOINT MEETING WITH PUBLIC SAFETY CONllvllSS]ON CLOSED SESSION- 6:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference With Legal Counsel - lnitiation of Litigation (Gov't Code Section 54956.9(c): (2 potential cases) Conference With Leal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. Frank Richard Fei]]er (Santa Clara County Superior Court Case No. CC443723) Conference With Labor Neeotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow; ,Assistant City Manager & John Cherbone, Pubic Works Director Employee organization: SEA Conference With Labor Neeotiators (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 Neeotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson. City Manager Employee organization: SMO r a 0 ~' x U REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CAAA9BER5 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 May l4, 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized_ltems Any member of the public will be allowed to address the City Council for up to three (3J 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 naay provide direction regarding matters to be considered by those Boards and Commissions. Recomnaendationstrom Boards and Commissions requiring City Council approval are considered as independent agenda items. Report from the Public Safety Commission. Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding ac>ions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS Joanne Benjamin -Transportation Policy and Program Manager VTA- High Speed Rail Recommended action: Informational only. CONSENT CALENDAR The Consent Calendar contains routine irenas of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approval of City Council Minutes -April 21; 2004 Recommended action: Approve minutes. 2B. Review of Check Register Recommended action: Approve check register. 2C Execution of the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program for Fiscal Year 2004/05 Recommended action: Authorize City Manager to execute the First Amendment to the Agency Agreement for Countywide Household Hazardous ~>.'aste Collection Program for Fiscal Year 2004/05 2D Resolution Appointing Eunice Cox to the Santa Clara County Council on Agmg Recommended action: Adopt resolution. 2E Independent Contractor Agreement for ]nterim Finance Director Recommended action: Authorize City Manager to execute agreement with Pete Kolf for ]nterim Finance Director. 2F Highway 9 Safety Issues Recommended action: Informational only. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes naaxinaum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of fine minutes maximum for closing statements. hems requested for continuance are subject to Council's approval at the Council meeting. 3. Zoning Ordinance Text Amendment that Regulates the Placement of Standby or Emergency Generators and the Placement of Heating; Ventilation and Air Conditioning Equipment Recommended action: Conduct Public Hearing; Grant ~f'irst reading; direct staff to place item on the Consent Calendar on June 2, 2004 for second reading and adoption. OLD BUSINESS Contract Authorization for Redevelopment Feasibility Study Recommended action: Authorize City Manager to execute contract for professional services with Rosenow Spevack Group for RDA Feasibility Study not to exceed $26.000. NEW BUSINESS Presentation by City of Campbell Staff requesting $25.000 contribution towards Regional Dog Park and presentation by City of Saratoga Staff considering Loan of Portable Skate Park Equipment to City of Campbell Parks Department Recommended action: Consider City of Campbell request fora 525;000 donation towards a Regional Dog Park located within Los Gatos Creek County Park: Consider loaning City of Saratoga portable skate park equipment to the City of Campbell Parks Department. 6. Grant Writer Utilization Policy Recommended action: Adopt Grant Writer Utilization Policy Kevin Moran Park ]mprovemem Project Recommended action: Determine type and composition of body to conduct the public input process and project development; provide direction staff regarding the types of improvements to be incorporated into the Park Project; Authorize staff to solicit proposals for professional services for the purpose of updating the Kevin Moran Park master Plan and subsequent construction documents. 8. Community -Wide Emergency Preparedness Plan Recommended action: Accept report and direct staff accordingly. 9. Saratoga Commission \\tork Plans for Fiscal Year 2004-2005 Recommended action: Accept report and approve Commission work plans for FY 04-OS_ AGENCY ASSIGNMENTS Mavor Ann Waltonsmith Hakone Foundation Liaison Santa Clara County Cities Association Saratoga Historic Foundation Sister City Liaison Vice Mavor Kathleen Kine Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Valley Transportation Authority PAC Councilmember Stan Boeosian County HCD Policy Committee Emergency Planning Council KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Nick Streit Santa Clara County Valley Water Commission Silicon Valley Anima] Control ]PA West Valley Solid Waste Joint Powers Association West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY nIANAGER'S REPORT .ADJOURNMENT In compliance with the Americans imi>h Disabilitfes Act (ADA), ~f)%ou need special assistance to participate in this tt~eeting, please comact dae Ciry~ Clerk at (408) 868-1269 or ctderk@saratoga.ca.as. Notification 48 hours prior to the meeting will enable the Ci>)% 10 tttake reasonable arrangetttettts to ensure accessibilir)~ to this meeting (?8 CFR 35.102-35.104 ADA Title II). Cer>ificate of Posing ofAgenda: 1, Cathleen Boyer, Ciry 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 May 14, 2004 a1 the office of the City of Saratoga, 13777 Fruin~ale Ave., Saratoga, CA 95070 and was available for public review al that location. The agenda is also available on the City's website at wtivw sarato a Signed this 14`~ day of May 2009 at Saratoga, California. Cathleen Boyer, CMC, City Clerk CITY OF SARATOGA CITY COUNCIL )\9EETING CALENDAR 2004 5/25 Special )\9eeting - Budget Study Session/1'outh Commission Interviews 6/2 Regular Meeting -Joint 1`4eeting with Hakone Foundation 6/16 Regular Meeting -Joint Meeting with Friends of the Saratoga Library 7/7 Regular Meeting -Joint Meeting with Library Commission 7/21 Regular Meeting 8/4 Regular Meeting 8/18 Summer Recess 9/1 Regular Meeting 9/] 5 Regular Meeting ]0/6 Regular Meeting ] 0/20 Regulaz Meeting ] 1/3 Regular Meeting 1 ]/17 Regular Meeting 12/1 Regular Meeting 12/15 Regular Meeting -Council Reorganization 6 SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 ORIGINATING PREPARED BY: DEPT HEAD: ~_.~~ SUBJECT: Proposed California High-Speed Rail Project RECOMMENDED ACTION: Informational only. REPORT SUMMARY: On Apri121, 2004 staff was directed by the City Council to provide additional information in regards to the proposed high-speed rail line that would connect southern and northern California. Joanne Benjamin, Transportation Policy & Program Manager Santa Claza Valley Transportation Authority, will be attending the meeting and will be providing the City Council additional information and will be available to answer questions. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: AGENDA ITEM: Manager's Of£ce CITY MANAGER: Attachment A -Staff Report From Apri121, 2004 Attachment B -Email from Melissa Hippard, Conservation Representative /Sierra Club, Loma Prieta Chapter SARATOGA CITY COUNCIL MEETING DATE: April 21, 2004 AGENDA ITEM: _~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: O ~~ 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) alignment 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 comdor. In doing so, the high- speed rail will help Caltrain achieve several of its long-term goals -electrification, grade-sepazation, and increasing the speed frequency of the commuter rail service. The City of San Jose, Silicon Valley Chamber of Commerce, VTA Boazd 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 -Letters from VTA, Silicon Valley Manufacturing Group, Silicon Valley Chamber of Commerce, and San Jose Mayor Ron Gonzales. Attachment B -Resolution 2 of 2 f ~ N T ~ C t ~ 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 CaliforniaHigh-Speed Rail Authority's conclusion to use one of the two southern 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 southern California because it would relieve highway and atr 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 resporisible for planning, designing, constructing, and operating the system, plans to run the first leg between Los Angeles and San Francisco through San Jose. Ultimately, 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 paralleling 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 • San lose, CA 9513.1906 • Administration 108.321.5555 • Customer Serrira X08.321.2300 Figure 5.4-2 High-Speed Train Corridors and Stations for Continued Investigation Apri15, 2004 224 Akporl pakwey, SWIa a20 San Josk, Cekkrde 95110 (40B)501SVMG (7884) htgr:/Ava+esDvmgorg cARLCUARaNo PFeskkud d CEO BoaN Officers: AAR7 J. DE GEUS aye: synorays wlwaJ r. col EMAN lu vl~e anti CassaO Carpaalian ROBERT SHOFFf4ER Seaetary/freasua Board Memhas.• JOHN ADAMS Wells Fargo Bank a2NG R BARRE7T fdel C«Paalbn MICHAEL CANNON Soleckon Corpaalbn PETER CARTWRIGFfi Ce~ne Carpaa8on RAOUFJ. GON7.ALEL Bads of America MRC GREENWOOD Unrversky of Oak(nda, Santa Cnu BRIM HAUA Na8wral Semicardrda JEANETTEHORAN I&M CarporNbn LEONARD KWIATKOWSIO Lockheed Malin PAUL LOCATEIIJ, SJ. sans aaa UdwraNy LEN PFRHAM Clear Legit IOM POLESE Marnnbe. Inc DAVID J SHIMMON 1Gne8u Graf JOHN F STEWAR7 General Dynamics Advanced xdmne8 ~~~ NBC 11 ,route M. raY~oR sec JosEPH ~cHIP•wsa San JosB Mem/y Nets BOB WAYMAN Hewlett~Padcard Comprry I~NNEM WILCOX Sdxron Va9ey Bank DAVID WRIGHi Legalo Syxlems JOANN LMMERMAN Kdsapermanede waking Caxw77 aaJ' NANCYNOE era Capaallon Founded In 1!n rr DAVro PACKARD The Honorable Jce 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 Cormties Cities Association and its members weigh in on the draft EIR/Ei5 recently released by the High Speed Rail Authority on California's proposed high-speed rail service. Specifically, we ask that you sup ~~ 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 1978 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 rail (HSR) line connecting southern and northern California. The High Speed Rail Authority, the organization responsible for planning, designing, constructing and operating the system, Plans to run the first ]eg of the system between Los Angeles and San Francisco via San Jose. Ultimately, the line would be extended to Oakland, Sacrame~o 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 dowutown 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 i;nabltng 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 alignments options into/out of the Bay Area-the Pacheco Pass (SR 152) alignment and the Diablo Range Direct ali8nment-with variations on boW. Regardless of the option, once the trains hit the Bay Area (somewhere between Gilroy and San lose), they would head north along the Caltrain corridor. In doing so, the HSR will help Caltrain achieve several of its long-term n oal~ ttre elechification, grade-separation, and increasing the speed and fre4 y commuter rail service. April 2, 2004 .. T~. ~~ ~~L a' 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 Dear 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 EIR/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 Valtey businesses employing some 250,000 people. 'T'hese firms 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 swiftly and efficietrtly. The Chamber has been along-time supporter of ahigh-speed rail line connecting southern and northern California, particularly 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 rejected 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 Cunneen Presidem & CEO April 5, 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 Josb. 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 JosB 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 EIlt/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 Califomia; 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 corridors 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, the high- speedrail will help Caltrain achieve several of its long-term goals -electrification, grade- sepazation, and increasing the speed frequency of the commuter rail service; and WHEREAS, the City of San Jose, Silicon Valley Chamber of Commerce, VTA Boazd 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 Califomia 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 SAMPLE TALHING POINTS HIGH-SPEED RAIL The California High-Speed Rail 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 San Francisco Bay Area through San Jose. The line would then split, with one set of tracks pazalleling the Caltrain Cornmuter Rail Corridor up the Peninsula to San Francisco and the other set running up the East Bay to Oakland. The California High-Speed Rail Authority considered and rejected one other Bay Area alignment, the so-called Altamont Pass alignment. 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~ne south to San Jose, another north to Oakland and a third to San Francisco over a new bridge across the bay. The alignment for entry of the state's proposed high-speed rail system into the Bay Area is of importance to Santa Claza County. • A southern alignment would have higher ridership, raise more revenue, be easier _ and less costly to operate, and offer faster travel times for passengers than the Altamont Pass alignment. A southern alignment would provide more direct, faster and more frequent service to the three lazgest urban centers in the region-San Jose, San Francisco and Oakland. The Altamont Pass alignment would split service between these azeas, resulting in San Jose, San Francisco and Oakland all having fewer high-speed rail trains serving them. • By utilizing the entire Caltrain Corridor, a southern alignment into the Bay Area would help Caltrain achieve several of its long-term goals, such as electrification, grade-separating the comdor, and increasing the speed and frequency of the Caltrain service. These benefits could not be achieved by using the Altamont Pass alignment. The Altamont Pass alignment would not provide direct, mainline service to San Jose, the largest city in the Bay Area. • The Altamont Pass alignment would require a new bridge to be built across the bay for service to San Francisco, which would be costly, have significant environmental consequences and result in significant schedule delays. The Altamont Pass alignment already has been thoroughly studied by the California High-Speed Rail Authority and was withdrawn from further consideration because it would be problematic from an operational and environmental standpoint. There is no compelling reason for the authority to reconsider this alignment. SAMPLE RESOLUTION HIGH-SPEED RAIL Whereas, ahigh-speed rail line connecting northern and southern California would IC11EV0111g11Way and alr traffic congestion between the Bay Area and Los Angeles, which is one of the busiest air traffic corridors in the nation. Whereas, the California High-Speed Rail Authority, the organization responsible for planning, designing, constructing, and operating the state's high-speed rail system, plans to run the first leg between Los Angeles and San Francisco through San Jose. Ultimately, the line would be extended to Oakland, Sacramento and San Diego. Whereas, the California High-Speed Rail 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 San Francisco Bay Area through San Jose. The line would then split, with one set of tracks paralleling the Caltrain Commuter Rail Corridor up the Peninsula to San Francisco and the other set running up the East Bay to Oakland. Whereas, the California High-Speed Rail 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. Whereas, the California High-Speed Rail Authority considered and rejected one other Bay Area alignment, the so-called Altamont Pass alignment. 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. Whereas, the California High-Speed Rail Authority concluded that the Altamont Pass alignment would be problematic from an operational and environmental standpoint: According to the authority, splitting the service into three, rather than two, lines would reduce train frequencies and ridership, while substantially increasing operating costs. In addition, the authority noted that the costs of building a new rail bridge across San Francisco Bay and the environmental hurdles that would need to be overcome to do so make the Altamont Pass alignment impractical. Whereas, the California High-Speed Rail Authority released its progam-level environmental document in late January 2004 and is now in the process of holding a series of public hearings on it throughout the state. In addition, the authority will be accepting written public comments on this environmental document until mid-August 2004. Whereas, a southern alignment into the Bay Area for the proposed high-speed rail system will maximize ridership, minimize operating costs and ensure that Silicon Valley is well- _ served by the new high-speed rail line. Whereas, a southern alignment into the Bay Area, by utilizing the entire Caltrain Commuter Rail Service Comdor, will help Caltrain achieve several of its long-term goals, such as electrification, grade-separating the comdor, and increasing the speed and frequency of the service. These benefits could not be achieved for the entire CalTrain Comdor by using the Altamont Pass alignment for the state's high-speed rail system. Now, therefore, be it resolved, that (City Name) supports the California High-Speed Rail Authority's conclusion to use one of the two southern alignments (Pacheco Pass or Diablo Range) into the San Francisco Bay Area for the state's proposed high-speed rail system. Be it further resolved, that (City Name) will communicate this position to the California High-Speed Rail Authority in writing as part of the public record for the authority's program-level environmental document. Page 1 of 3 Cathleen Boyer From: Ann Waltonsmith Sent: Thursday, May 13, 2004 8:34 AM To: Kline, Norman; Streit, Nick; Bogosian, Stan; kk2king@comcast.net Cc: Cathleen Boyer; Dave Anderson Subject: two emails to me about the High Speed rail project Cathleen Please add these forwarded emails to the public information when we discuss the Cities Assoc request for a "rezo" on the High Speed Rail project. Thanks Ann Cities Association Board Members: I would like for you to consider the tremendous environmental impacts the proposed HSR routes through the Diablo range present. The Sierra Club is supportive of the concept of high speed rail for California and supports study of this project. However, in the process of carefully and thoroughly reviewing the draft environmental impact report (DEIR) our team has discovered numerous flaws that lead us to insist that the High Speed Rail Authority revise and recirculate the document. Under CEQA a project must contain all feasible alternatives for consideration. The omission of Altamont Pass as a feasible alternative for bringing the HSR from the Central Valley to the Bay Area is a serious flaw. Given the similarity of environmental impacts of the proposed routes through the Diablo Range, especially the northem alignment and two through Henry Coe Park, we are not provided a feasible range of alternative to choose among. The impacts of the HSR to the Mt. Hamilton area, Coe Park and numerous wetlands are serious. The entire area is comprised of undeveloped, intact ecosystems home to an amazing array of wildlife, including endangered and threatened species. The construction of rail infrastructure through this area would have both short and long term impacts from new roads, tunnel entrances and exits and hillside cuts for at-grade routing. The DEIR does not adequately address these impacts, and in fact suggests that the northern alignment is preferable due to the minimal species impact -this claim is based on the limited biological surveys done due to the limits of accessing these private lands. The Mt. Hamilton area has been identified as a priority for acquisition by the Nature Conservancy (http:llnature.org/successlmthamilton_html). Henry Coe state park and the Orestimba Wilderness area within it are protected by state statute. Finally, the Pacheco Pass route would impact numerous wetland and protected areas including the Los Banos Wildlife Refuge and the San Felipe Lake wetlands area, which has been identified as an Important Bird Area by the Audubon Society. Another serious concern glossed over by the DEIR is the sprawl inducing potential of the routes across the Diablo Range. South Santa Clara and San 5/13/2004 Page 2 of 3 Benito counties are home to thriving open space and agricultural landscapes that would be forever lost. The Pacheco/Hamilton routes would promote sprawl by opening up transportation patterns where none currently exist, including a station at rural Santa Nella, 12 miles from Los Banos and 1/5 miles east of I-5. In addition to the concerns detailed above, there are serious statewide issues that are being raised by a range of concerned organizations including the Planning and Conservation League, the Surface Transportation Policy Project, Train Riders Association of California, the California State Parks Foundation and the American Farm Trust. I urge you to join us in calling on the HSRA to improve the project and the environmental review process and create a plan that we all can support. As it currently is planned HSR for California will not realize the environmental benefits intended due to the significant and permanent environmental costs associated with the proposed alignment in the DEIR. Thank you for your consideration of this matter. Please do not hesitate to contact me for more information. Sincerely, Melissa Hippard Melissa Hippard Conservation Representative Sierra Club, Loma Prieta Chapter 3921 E. Bayshore Road, Ste. 204 Palo Alto, CA 94303 650-390-8414 650-390-8497 fax Visit our newly updated website: lomaprieta.sierraclub.org/ Cities Association members, I am concerned that you are not getting adequate information for making such an important decision as endorsing the current high speed rail DEIR. CEQA is not for stopping projects, it is for improving them. The current HSR plan for CA has not had adequate environmental analysis and therefore should not be endorsed. The Loma Prieta Chapter of the Sierra Club is very concerned about the devastating impacts to the Diablo range (especially Coe Park and the Orestimba Wilderness) by the routes proposed in the current DEIR. Analysis by the High Speed Rail Commission indicated that Altamont Pass should be the preferred alternative for linking the Central Valley and the Bay Area. No additional analysis of this potential alignment took place prior to its omission from the HSRA Business Plan and ultimately the DEIR currently in circulation. Please take a look at the attached pdf document created by a coalition of environmental organizations throughout the state indicating the threats posed by the Diablo/Pacheco routes and the potential of Altamont. We are only asking for it to be studied and included in the environmental review process -the public deserves a reasonable range of alternatives when weighing the costs and benefits of this project. Thank you for your attention in this matter. Melissa Hippard Melissa Hippard Conservation Representative Sierra Club, Loma Prieta Chapter 3921 E. Bayshore Road, Ste. 204 5/13/2004 Page 3 of 3 Palo Alto, CA 94303 650-390-8414 650-390-8497 fax Visit our newly updated website: lomaprieta.sierraclub.orgl -----Original Message----- From: Eddy Moore [mailto:EMoore@pcl.orgj Sent: Tuesday, May 11, 2004 5:35 PM To: melissa.hippard@sierraclub.org Subject: Voila-hope this reaches you in time. «pcl_altamont_v6. pdf» Eddy Moore Senior Project Manger Planning and Conservation League Foundation 926 J St., Suite 612 Sacramento, CA 95816 916-313-4519 emooreQpcl.org Ann Waltonsmith Mayor, City of Saratoga 5/13/2004 City of S aratoga City Clerk 's office Memo To: Mayor and Councilmembers From: Cathleen Boyer, City Clerk Date: May 14, 2004 Re: Agenda Item #1 Additional information provided by the Sierra Club. A member of the Sierra Club will be present on May 19`}' to answer any questions the Council may have. Cathleen Boyer From: Melissa Hippard lmelissa.hippard@sierraclub.org] Sent: Friday, May 14, 2004 3:52 PM To: Cathleen Boyer Cc: Patrick Moore Subject: High Speed Rail - Environmental Review Process Inadequate Terry Brown letter topcl_altamont_v6.pol HSRA.doc... Hi Cathleen, The email below and the two attachments are what I have sent to all the city council members in Santa Clara county. Please consider printing out the email message and the two attachments for inclusion in the Council agenda. Thanks for all your help, Melissa Melissa Hippard Conservation Representative Sierra Club, Loma Prieta Chapter 3921 E. Bayshore Road, Ste. 204 Palo Alto, CA 94303 650-390-8414 650-390-8497 fax Visit our newly updated website: lomaprieta.sierraclub.org/ -----Original Message----- From: Melissa Hippard [mailto:melissa.hippard®sierraclub.org] Sent: Thursday, May 13, 2004 3:57 PM To: District6~sanjoseca.gov; district?®sanjoseca.gov; linda.lezotteOSanjoseca.gov; forrest.williams~sanjoseca.gov; dave.cortese®sanjoseca.gov; judy.chirco~sanjoseca.gov; district3OSanjoseca.gov; District4@sanjoseca.gov; pat.dandoQsanjoseca.gov; District5~sanjoseca.gov Subject: High Speed Rail - Environmental Review Process Inadequate San Jose City Council Members, I am writing to you to seriously consider the consequences of endorsing the current draft environmental impact report (DEIR) for the proposed high speed rail system for California. In particular, I would like for you to consider the tremendous environmental impacts the proposed HSR routes through the Diablo range present. The Sierra Club is supportive of the concept of high speed rail for California and supports study of this project. However, in the process of carefully and thoroughly reviewing the draft environmental impact report (DEIR) our team has discovered numerous flaws that lead us to insist that the High Speed Rail Authority revise and recirculate the document. Under CEQA a project must contain all feasible alternatives for consideration. The omission of Altamont Pass as a feasible alternative for bringing the HSR from the Central Valley to the Bay Area is a serious flaw. The suggestion that the environmental impacts of Bay Crossing make this alternative a non-starter has no evidence to support it. BCDC, the Coastal Conservancy and Save the~Bay have indicated they have no objections to a study of this route alternative. In addition, there may be some benefits leveraged for fill use in the restoration of the South Bay Salt Ponds. In addition, there is no need for a three way split. Oakland can be adequately served through a BART connection (see attached letter by Mayor Brown). As for service - linked trains leaving southern California can split in Fremont ensuring that full trains leave and San Jose receives complete service. >From an environmental perspective, the similarity of environmental impacts of the proposed routes through the Diablo Range, especially the northern alignment and two through Henry Coe Park, we are not provided a feasible range of alternative to choose among. The impacts of the HSR to the Mt. Hamilton area, Coe Park and numerous wetlands are serious. The entire area is comprised of undeveloped, intact ecosystems home to an amazing array of wildlife, including endangered and threatened species. The construction of rail infrastructure through this area would have both short and long term impacts from new roads, tunnel entrances and exits and hillside cuts for at-grade routing. The DEIR does not adequately address these impacts, and in fact suggests that the northern alignment is preferable due to the minimal species impact - this claim is based on the limited biological surveys done due to the limits of accessing these private lands. The Mt. Hamilton area has been identified as a priority for acquisition by the Nature Conservancy (http://nature.org/success/mthamilton.html). Henry Coe state park and the Orestimba Wilderness area within it are protected by state statute. Finally, the Pacheco Pass route would impact numerous wetland and protected areas including the Los Banos Wildlife Refuge and the San Felipe Lake wetlands area, which has been identified as an Important Bird Area by the Audubon Society. Another serious concern glossed over by the DEIR is the sprawl inducing potential of the routes across the Diablo Range. South Santa Clara and San Benito counties are home to thriving open space and agricultural landscapes that would be forever lost. The Pacheco/Hamilton routes would promote sprawl by opening up transportation patterns where none currently exist, including a station at rural Santa Nella, 12 miles from Los Banos and 1/5 miles east of I-5. (see attached pdf file for more information on this general area of concern) In addition to the concerns detailed above, there are serious statewide issues that are being raised by a range of concerned organizations including the Planning and Conservation League, the Surface Transportation Policy Project, Train Riders Association of California, the California State Parks Foundation and the American Farm Trust. Please consider that CEQA is not about stopping projects, it is for improving them. The HSR project has great potential for our state and it is premature at this point to endorse the DEIR. I urge you to join us in calling on the HSRA to improve the project and the environmental review process and create a plan that we all can support. As it currently is planned HSR for California will not realize the environmental benefits intended due to the significant and permanent environmental costs associated with the proposed alignment in the DEIR. Thank you for your consideration of this matter. Please do not hesitate to contact me for more information. Sincerely, Melissa Hippard Melissa Hippard Conservation Representative Sierra Club, Loma Prieta Chapter 3921 E. Bayshore Road, Ste. 204 Palo Alto, CA 94303 650-390-8414 650-390-8497 fax Visit our newly updated website: lomaprieta.sierraclub.org/ Z Joseph Petrillo April 20, 2004 Chairman California High Speed Rail Authority RE: Draft Environmental Impact ReporVS[atement Importance of Studying [he Altamont Alignment Dear Mr. Petrillo: The proposed high speed rail system under study by your Authority would represent the largest public works project in California's history. A full and impartial analysis of alignment options is essential for the success of [his investment. Altamont Pass was identified by the High Speed Rail Commission in 1996 as the prefered option for connecting the Bay Area to the Central Valley and points south. This alignment was dropped from consideration in 2000 in favor of a Pacheco Pass alignment, BEFORE [he environmental review process was begun. Now that the DEIR/EIS on the project is out for public comment, and many of the background documents on which that decision were based are now available, it is clear that the decision to drop the Altamont alignment was premature. From the perspective of Oakland specifically, and the East Bay generally, a Phase One high speed rail project over Pacheco Pass or Mount Hamilton (the Diablo Direct alignment) would provide little if any benefit. Oakland travelers would firs[ have to travel west to San Francisco in order to go south to LA. There would be no service between Oakland and the large and growing cities in the Central Valley north of Merced. High speed rail would also not provide time-competitive service between Oakland and any Central Valley cities. If, as is planned, future phases of the tail project included extensions to Sacramento and Oakland, the travel time between these two cities via a Pacheco Pass or Diablo Direct alignment would be longer than today's conventional rail Capitol Corridor service. A prime argument made by the Authority against the Altamont Pass alignment is that it would require an awkward splitting of service between San Jose, San Francisco and Oakland. However, Oakland does not get direct service in Phase One. In fact, considering the other extensions of [he rail system which are also not included in Phase One•San Diego, Sacramento and numerous feeder services, it seems highly unlikely that an Oakland extension will happen any time in our lives. The argument about athree-way split is specious. By contrast, an Altamont alignment for high speed rail would provide real service for Oakland and East Bay residents starting the very first day of Phase One operation. This service would be improved further if a small amount of funding were used to upgrade the BART system with passing tracks so that express service between Oakland, Fremont and Pleasanton could be instituted. I urge you to do a full analysis of the Altamont Pass alignment, and consider how to optimize [he real benefits to Oakland of a Phase One system. This will increase public support and the likelihood that Phase One will be funded and built. Later generations can then judge whether other extensions are worthwhile. Sincerely Mayor Jery Brown Include Altamont in High Speed Rail Planning Study DEEPLY FLAWED HIGH SPEED RAIL (HSR) DRAFT Potential Altamont OMITS OPTION FOR COST-SAVINGS, BETTER SERVICE, Benefits AND LOWER ENVIRONMENTAL IMPACT > less envirenmcntal With bond funds delayed, we have time to base California's largest-ever damage construction project on the best science and engineering, not on politics. COSL Savings The California High Speed Rail Commission (CHSRC) noted 1996 I > Qoirker travel ti:ries , n that "Of the three northern mountain pass options...the Commission Serves 90Q000 mom mends the Altamont Pass for linking the Central Valley tot e I P' -P recom greater San Francisco Bay Area"' Serves more cities Current Draft HSR Plan > Threwens state parks and wilderness areeas Prnn~otes urban sprawl > Adds 2irnost 1 hour t:0 hiti n~ sen~ice from ~B(..'anlen'.0 LO l- Sirrhn Ctur !>I IORV IA Paoic<+n...io. 9 No,~~l~i~ 1.~ V a0.F~ ~nli c. re~/<'_e~.v..ri IY/S'n. P. ui,lY. "Public opinion primarily favors the Altamont Pass. Most cities and counties in the Northern San Joaquin Valley have passed resolutions favoring the Altamont Pass."ii But 2004 planning documents refuse to explore Altamont Pass as an option. As the state considers its largest-ever construction project, the Altamont route should be fully evaluated for environmental, transportation and cost reasons. y~^ SacramMlat k tMktt San Francisco„,. , aklands rlenlOnr Redwood City 'W ~~,~ ~,, y Y e "'" San lase`•.,, y. ~..~~r,....,....e __ . Altamont Route I, ~~~•- San Pacheco/Mt. Namdton Routes ae» BART o HSR Ration Morgan "Overall, the Pacheco Pass option would have more negative environmental impacts as compared to Altamont Pass option."` - 1999 High Speed Rail Commission Study THE CURRENT HIGH SPEED RAIL GRAFT ~' ' ~,~ ~ > The Pacheco and related Hamilton/Diablo alignments in , f :' ,~¢z ~'a~"~ ~„_{~,• t current planning draft documents cross mostly undeveloped, `'" ,,` •f", -,; unpopulated land. ~'f" ~ ~ <a, ~ " r ~ > The Pacheco/Hamilton routes would promote new sprawl B N T ~x ?f ~?u; *, ' by opening up transportation patterns where none currently exist, ~ " ~#~ s including a station at rural Santa Nella, 12 miles from Los Banos 3q H ~ ~ S. and 1.5 miles east of I-5. r' ' ~,,.'~` ~ ` ^ `• > The Hamilton alignments cross one of the largest roadless - wilderness area in the Coastal Range and the second largest state park in California. Resulting environmental damage from these routes through Henry Coe State Park or contiguous ff?~ #~ i'+•~ ~ .. y,. wilderness areas are essentially immitigable. > The Pacheco route has the "Highest potential for water resource impacts"" of all routes and greater visual impacts than Altamont. Pacheco crosses nationally-significant wetland bird habitat. > The Pacheco/Hamilton routes would impact a uniquely rich habitat of oak woodlands, sycamore valleys, stream-fed canyons and pine topped ridges. They would affect bobcats, mountain lions, the San Joaquin kit fox, tine elk, pronghorn, golden eagles, wintering bald eagles, red-tail hawks, burrowing owls, the California tiger salamander, red-legged frog, western pond turtle, rainbow trout, foothill yellow-legged frog, and bay checkerspot butterfly. '. ABETTER ALTERNATIVEZ > The Altamont route would follow one of the Bay Area's busiest freeway corridors (I-580/680), often using existing ti freeway medians. It is more sensible to serve existing populations instead of impacting undeveloped and wilderness areas. This canyon-acquired by The Nature ~ Altamont's potential environmental impacts should be Conservancy for its high natural resource carefully studied so it may be compared to the other routes. values -and wetlands are in the path of theproposed Pacheco route i. ,,,~}I III ~,) "9Y i_r p. Ilb ii: A High Speed Rail Commission Study Estimated $720 Million to $2 Billion Savings from the Altamont Route. Miles of Track EXPECTED BOND DELAYS PROVIDE TIME TO EXPLORE (Northern CA Total) POTENTIAL $2 BILLION IN $AVINGs <«~ > An Altamont Alignment is more direct, requiring fewer miles 35U of track and less operating and maintenance cost. n~ ~ The Pacheco/Hamilton alignments currently in planning zsa documents require many more miles of costly, unpre icY- ~~ able tunnel construction than the Altamont alignment. As an nacbeco nt. Namilton Altamont HSRC study found, "Since it is shorter and has fewer tunne s, t e Altamont Pass is less costly than the Pacheco Pass."' > Altamont could be coordinated with the already-planned Mites of Tunnel' Dumbarton railroad bridge by allowing MTC/HSRA to work ~~ together, further reducing construction costs and improving overall transit service. s. U Pacheco M:. Flamil[on Altamont Studies suggest that an Altamont route using an existing transportation corridor over a lower mountain pass would be less coz[ly revvtt ~.lii3, :~oas~r~lll ,v. .i t la ^.3-a,,. "The...alignment...which incorporates the Altamont Pass would generate the highest ridership and revenue for a Los Angeles- BayArea System:'` - 1996 High Speed Rail Commission Study > Altamont is about 50 minutes quicker from Sacramento to San Francisco than the Pacheco route," thus speeding commutes along the I-80 and I-580/680 corridors. The Pacheco route would actually take longer than current Capitol Corridor or ACE trains and therefore would have negligible traffic congestion relief on I-80{580/680. > The Altamont Alignment links more cities, reducing more automobile trips and improving air quality. Altamont would serve numerous San Joaquin Valley and Tri-Valley cities in the initial stage of development including: Merced, Turlock, Modesto, Manteca, Tracy, Livermore, Pleasanton, Dublin, San Ramon and Fremont. > The Altamont alignment directly serves nearly one million people residing in these ten cities. By contrast, the Pacheco The Altamont route wouldspeed commutes alignment serves an area with a total population of only along the l-80 and I-580/680 corridors 1C)~,000 people. > Altamont provides better connections to BART and other public transit systems, potentially reducing station costs and increasing ridership. When commuter ridership is included, Altamont ridership likely exceeds that of the other alignments. > Altamont directly connects Sacramento and Stockton to the center of population in the Bay Area, improving service for an additional three million people. - z~~i ~, ,;~ flDfl~lG1DDDflfl -~ ~~ ~. _.~`,; D.,oo,ooe,~oo~~,~~ea `Y , i)G Si34Pp Rai r ~?IJ. p. t. Why Was Altamont Omitted? > The Authority uses a double standard of environmental review. It claims that Altamont service is unworkable because a required Bay crossing at Dumbarton "would impact sensitive wetlands..." and would require costly mitigation of up to $1.4 billion. But the Draft EIR specifically contemplates future service from San Jose to Oakland through the same National Wildlife Refuge, and it includes no analysis backing up the $1.4 billion mitigation claim. - The Draft EIR makes no similar estimate of mitigation costs for its E favored Pacheco and Mt. Hamilton alignments. Finally, the EIR makes no mention of the current CalTrain project to re-build the Dumbarton Rail Bridge for passenger rail service at the same location. Policymakers should require an even-handed analysis of r~3~'~"', the environmental impacts of all Bay Area alignments. - > The Authority claims that the Bay crossing would be too expensive. In 1999 the firm conducting the current Draft EIR estimated bridge costs at $300 million. Now, the same firm has priced the same bridge at 51.1 to 51.4 billion, plus a further i n costs usin arbitar and unsubstantiated in mitt at o Y $1.4billion g g assumptions.This superficial methodology should not be the basis for eliminating an alignment previously endorsed as the "preferred alternative" by the CA High Speed Rail Commission. -~ > The Authority asserts that Altamont is operationally inferior. It claims that Altamont service would require an unworkable three- way split at Fremont to serve San Francisco, San Jose, and Oakland. But the Altamont route could provide excellent service to Oakland via Fremont and Livermore Valley BART connections, which would eliminate the 3-way split and would provide service to Oakland many years in advance of the proposed plan. The Authority also glosses over the fact that Altamont service from San Francisco to Sacramento would be almost an hour quicker than the EIR alternatives, potentially sharply affecting ridership from the I-80, I-580/680 corridors. This incomplete, deeply flawed analysis should not be the basis for choosing Northern California high speed rail routing. SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~ PREPARED BY r ~ DEPT HEAD: Cathleen Bo ,City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -April 21, 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 April 21, 2004 MINUTES SARATOGA CITY COUNCIL APRIL 2l, 2004 The City Council of the City of Sazatoga held a Joint Session with the Parks and Recreation Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Parks and Recreation Commission members were present: Chair Greg Gates, Vita Bruno, Logan Deim]er, Anne Sanquini, Tom Soukup, and Staff Liaison Cary Bloomquist. Chair Gates highlighted the PRC's accomplishments such as park renovations and trail improvements throughout the City. Chair Gates noted that in 2004-OS the PRC would do the Following: • Continue to support the City's ongoing DeAnza Trail Task Force. • Present trail signage proposal and installation • Create and publish a City Trail map • Actively pursue new trail developments • Continue to manage Trail Maintenance Matrix • Continue to work with the Saratoga Retirement Community • Kevin Moran Pazk - develop a plan for unused space • Gazdiner Park -development of a BMX azea • Skate Park - find a location • Dog Park -review needs • Use Fees -review fees • Events and Community Involvements -become more involved and hold events at various pazks • Master Plan -Open Space Element will be integrated into the Parks And Recreation Element • Update Trails Master Plan • Update Parks Master Plan In regards to the Saratoga Area Pazk Map, Commissioner Bruno provided copies of the map to the Council pointing out that front shows site locations and the back of it lists the amenities at each park. Commissioner Bruno noted that most residents don't know that there aze so many parks in the City. Commissioner Bruno explained that the PRC would like it to go in the next Sazatogan and be posted on the City's website. Consensus of the City Council to support the PRC's request in regards to the Saratoga Area Park Map. Councilmember Streit suggested sending the map to all of the schools in Saratoga. Commissioner Sanquini explained that now that al] of the trails have been identified in the City the PRC would like to implement a trail signage program. Commissioner Sanquini noted that the PRC would like to place 10 trail signs; five of the signs would replace old signs already in place. A discussion took place in regards to trail rules. City Attomey Taylor noted that the rules would be addressed in the Trails Master Plan. A discussion took place in regards to the placement of signs in the various neighborhoods. Consensus of the Council to make sure it is a public process. Consensus of the City Council to direct the PRC to concentrate on finding flat grass and trails. Director Pisani noted that when she attended the CPRS conference she spoke to employees of the City of Campbell who suggested that the City of Saratoga partner with them in their new skateboard park. They asked that the City of Saratoga donate the equipment to them and they would allow Saratoga youths to use their park for free. Chair Gates also noted that the City of Campbell has requested that the West Valley Cities donate $25,000 per city to develop a Dog Pazk off of San Tomas Aquino Road and Highway 17. Chair Gates noted that the City of Campbell offered to attend a Council meeting to provide the Council with information regazding their proposed park. Mayor Waltonsmith thanked the PRC for attending tonight's joint meeting. The City Council adjourned to the Volunteer Recognition reception in the Theater's lobby at 6:30 p.m. Mayor Waltonsmith called the Regulaz City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 21 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of April 21, 2004 was properly posted on April l5, 2004. 2 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Cheriel Jensen stated that she recently sent a letter to the City Council and wanted to make sure they received it. Mayor Waltonsmith responded that the Council received her letter in their mail. Patricia Bailey, Chair/Hentage Preservation Commission, explained to the Council that the HPC recently denied a request from Mrs. Bensen, a local business owner, to purchase a fresh flower urn to be placed below the Memorial Arch. Chair Bailey noted that the HPC wanted Council support on their decision. Chair Bailey also stated that the HPC requested that the City Council make every effort to preserve the Sam Cloud Bam. COMMUNICATIONS FROM COMMISSIONS BOGOSIAN/KLINE MOVED TO HEAR CEREMONIAL ITEMS BEFORE THE COMMUNICATIONS FROM COMMISSIONS. MOTION PASSED 5-0. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Consensus of the City Council to support the HPC's decision in regards to the request from Mrs. Benson. ANNOUNCEMENTS Mayor Waltonsmith announced that there are ten vacancies on the Youth Commission, two vacancies on the Parks and Recreation Commission and one vacancy on the Public Safety Commission. Deadline to submit an application is April 30, 2004 by 5:00 p.m. Applications and information can be found at www.saratoea.ca.us or call the City Clerk's office at 868-1269. CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE MONTH OF JUNE 2004 "SCLERODERMA AWARENESS MONTH" STAFF RECOMMENDATION: Acknowledge proclamation. Mayor Waltonsmith acknowledged the proclamation. 1B. PROCLAMATION DECLARING THE WEEK OF APRIL 18 - 24, 2004 "NATIONAL VOLUNTEER APPRECIATION WEEK" STAFF RECOMMENDATION: Read proclamation. Mayor Waltonsmith read the proclamation and presented individual commendations to several volunteers who donated time in FY 03-04. COMMUNICATIONS FROM COMMISSIONS Greg gates, Chair/PRC, noted that the PRC meet with the City Council prior to tonight's City Council meeting to discuss accomplishments and future activities. Evan Baker, Chair/ Vision AdHoc Committee, stated that last year afrer several community meetings the City Council formed the Sazatoga Vision AdHoc Committee. Mayor Waltonsmith appointed Vic Monia, Dick Allen, Michael Byrd, Doug Robertson, Nick Streit, Kathleen King and himself to the Committee. Mr. Baker stated that the report this evening was an interim report. Mr. Baker briefly explained what each member would be presenting this evening. Vic Monia, Vision AdHoc Committee member, thanked the Council for setting up the Committee. Mr. Monia stated the AdHoc's charter was to find out what kind of community the citizens of Sazatoga want to have. Mr. Monia stated that during the - AdHoc's deliberations they discovered that the City has severe shortfalls in the Capital Improvement Project (CIP) and Pavement Management Program (PMP) funds. Mr. Monia stated that the CIP is short approximately $l million and the PMP is short approximately $2 million. Richard Allen, Vision AdHoc Committee, stated that the AdHoc Committee has looked at several revenue enhancement alternatives. Mr. Allen briefly described why the City's financial health has declined. Mr. Allen stated that so far the City Council has been very prudent, but it is time to generate revenue. Mr. Allen stated that the AdHoc supports a Utility Users Tax (UUT) on the November 2004 ballot. Mr. Allen stated that a UUT would only need 50% voter approval to pass. Mr. Allen stated that the City had a previous electric and gas WT of 3.5%, which ended in 1996. Mr. Allen stated that if a 5% WT was passed it would generate an approximate $3.265 million annual revenue enhancement Doug Robertson, Vision AdHoc Committee, stated that according to an assessment of City infrastructure, prepazed by the Department of public works, the City's annual operating need for maintaining existing infrastructure is approximately $2.7 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. Mr. Robertson noted that 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. Councilmember Bogosian asked how the Committee would argue to the community that the City needs a WT and convince the community that it would go to the critical needs of the streets. Mr. Baker responded that as a fiscal conservative he would say unless we fix the problems now the cost to fix it later would be prohibitive. Mr. Baker also noted that the community does not know enough about the financial condition of the infrastructure and the City to gain their support. Mr. Baker stated that Committee doesn't think the tax needs to be restricted. Mr. Baker stated that the Committee is recommending that the Council go forwazd and place a 5% WT on the November 2004 ballot. Mr. Baker stated that the Committee is asking the Council for permission to hold community forums in order to get a feel for the level of support for a WT and allow them to send out a mailer to all citizens in Sazatoga with the Committee's findings. Mayor Waltonsmith thanked the Committee for al] of the work they have done. Councilmember Streit stated that he also thought about how the City would restrict the money, but now he sees that there are going to be more needs such as public safety. Councilmember Streit stated that if we don't start now future Councils would be dealing with a crisis. Councilmember Streit stated he fully supports WT. Vice Mayor King stated that citizens don't understand how small the City's budget is. Referring to all of the funds the State takes away from the City of Saratoga, Vice Mayor King stated that the City has to develop some way to bring funds into the City without the State being able to touch it. Councilmember Bogosian asked at what level can the City use public funds to participate in placing a WT on the ballot. City Attorney Taylor responded that the City could use public funds to collect public input and educate the public, but cannot use public funds to support passage of the measwe Councilmember Kline noted that he supports the Committee moving forward with getting the facts out to the community. Councilmember Bogosian stated that he cannot argue with the numbers presented tonight, but is uncomfortable with an undesignated WT. Councilmember Bogosian stated that he doesn't trust future Councils to use the funds properly. KL1NE/KING MOVED TO APPROVE THE ADHOC'S RECOMMENDATIONS AND PROPOSED TIMELINE• APPROVE THE ADHOC TO HOLD COMMUNITY FORUMS• AUTHORIZE THE DISTRIBUTION OF INFORMATION TO THE COMMUNITY THAT SUMMARIZES THE COMMITTEE'S FINDINGS AND RECOMMENDATIONS. MOTION PASSED 5- 0. SPECIAL PRESENTATIONS 2A. STATUS OF VTA REORGANIZATION -JOE PIRZYNSKI, BOARD VICE CHAIR STAFF RECOMMENDATION: Informational only. Mr. Pirzynski was unable to attend tonight's meeting. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -SPECIAL MEETING APRIL 9, 2004 STAFF RECOMMENDATION: Approve minutes. KING/STREIT MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 9.2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KING/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 3C. ZONING ORDINANCE TO CREATE MIXED USE STANDARDS STAFF RECOMMENDATION: Grant second reading and adopt ordinance. TITLE OF ORDINANCE: 230 KING/STREIT MOVED TO GRANT SECOND READING AND ADOPT ORDINANCE. MOTION PASSED 5-0. 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 STAFF RECOMMENDATION: Adopt resolution. -- TITLE OF RESOLUTION: 04-033 KING/STREIT MOVED TO ADOPT RESOLUTION TO CONDITIONALLY APPROVE DESIGN REVIEW APPLICATION NO. 03-269 TO CONSTRUCT A 302 5 SO FT ADDITION TO A HOME AT 14403 SOBEY ROAD. MOTION PASSED 5-0. 3E. RESOLUTION SUPPORTING VTA'S RECOMMENDATION OF A SOUTHERN GATEWAY INTO THE BAY AREA FOR THE PROPOSED CALIFORNIA HIGH-SPEED RAIL SYSTEM STAFF RECOMMENDATION: Adopt resolution. Councilmember Bogosian requested that item 3F be removed from the Consent Calendaz. Councilmember Bogosian noted that he would not support this resolution without further information and requested a presentation from the VTA and the Sierra Club. Councilmember Kline noted that he concurred with Councilmember Bogosian request. Consensus of the City Council to remove the item to a future agenda. 3F. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1; PRELIMINARY APPROVAL OF ENGINEER'S REPORT AND ADOPTION OF RESOLUTION OF INTENTION FOR FY 04-OS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 04-035,036 KING/STREIT MOVED TO ADOPT RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY04- O5. MOTION PASSED 5-0. KING/STREIT MOVED TO ADOPT RESOLUTION OF INTENTION. MOTION PASSED 5-0. 3G. CONTRACT RENEWAL FOR STREET SWEEPING STAFF RECOMMENDATION: Approve one-yeaz extension with Los Altos Garbage Company. KING/STREIT MOVED TO APPROVE ONE-YEAR EXTENSION WITH LOS ALTOS GARBAGE COMPANY. MOTION PASSED 5-0. 3H. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 APPLICATION FOR THE QUITO ROAD SIDEWALK PROJECT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-037 KIN/STREIT MOVED TO ADOPT RESOLUTION REQUESTING THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 04-OS TRANSPORTATION DEVELOPMENT ACT PEDESTRIAN/BICYCLE PROJECT FUNDING. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 4. BUDGET STATUS REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that the City continues to anticipate no further adjustments to its 2003/04 budget for the remainder of the fiscal yeaz. Director Baloca noted that the City's 2004-OS Operating Budget is underway and an early Budget Study Session has been scheduled for Apri123, 2004 and the Finance Commission will review the City Manger's proposed budget on May 5, 2004. Director Baloca highlighted significant budget impacts that will be addressed during the initial presentation of the proposed budget. Mayor Waltonsmith thanked Director Baloca for the update NEW BUSINESS COMMISSION RECOGNITION DINNER STAFF RECOMMENDATION: Accept report and direct staff accordingly. Ann Sullivan, Secretazy to the City Manager, presented staff report. -- Secretary Sullivan explained past practices of the Annual Commission Recognition Dinner. Secretary Sullivan stated that based on the number of participants for the past four years the average cost of this event has been approximately $9,000. Secretary Sullivan noted that due to budget constraints staff reseazched alternative venues. Secretary Sullivan explained the alternatives. Councilmember King suggested that staff contact Villa Montalvo and the Mountain Winery and see if they could offer the City a lower bid proposal. Consensus of the City Council to proceed with the annual Commission Recognition Dinner at the Sazatoga Country Club. 6. VILLAGE FACADE IMPROVEMENT PROGRAM STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Administrative Analyst, presented staff report. Analyst Surdin explained that 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 Facade Program to spur private investment. The Village Ad Hoc Committee was asked to oversee the creation and implementation of the program. Analyst Surdin explained that the Facade Improvement financial assistance would help business owners acquire new awnings, signs, exterior painting, etc. Analyst Surdin stated that the Village Fagade Improvement program would 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 facade improvement projects that will be noticeable from Big Basin Way. Analyst Surdin noted that any facade 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 ow code enforcement officer. Analyst Surdin explained the application period for the matching grant program begins July 1 of each year, 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 Analyst Surdin explained the two program options: 1) 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 2) Program Administration Option B: • Program would be administered by Staff and renewed yearly through the CIP Process • Staff Facade Improvement Committee (committee could consist of one staff member of the planning department, public works department, and our code enforcement 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 Councilmember Kline noted that once one fagade is improved the other merchants/owners would follow. Councilmember Bogosian stated that the City talked about a forming a Redevelopment Agency which is suppose to take care of blight in the Village. Councilmember Bogosian stated that the Council should have a say in who gets the money. Councilmember Kline responded that this program would help enhance the Village. Councilmember Kline noted that $50,000 is not going to fix much to improve blight, but would allow business owners who would normally not be able to afford a new awning. Councilmember Bogosian noted that he would feel more comfortable setting aside this money for a program that would generate tax revenue for the City. Vice Mayor King stated that the Village has very few vacancies, this program will help make what's there look better. Councilmember Streit stated that the Facade Program is another tool to improve the viability of the Village. KING/KLINE MOVED TO DIRECT STAFF TO PROCEED WITH THE VILLAGE FA ADE IMPROVEMENT PROGRAM USING OPTION B FOR IMPLEMENTATION. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. 7. WILDWOOD PARK WATER FEATURE STAFF RECOMMENDATION: Authorize City Manager to enter into a Professional Design and Building Agreement with Inter Play Design. Cary Bloomquist, Administrative Analyst, presented staff report. 10 Analyst Bloomquist stated that on August 6, 2003 the City Council approved the design plans for Wildwood Park, which included a water feature element created by Interplay Design. Analyst Bloomquist stated that since that time the water feature has been slightly modified. Analyst Bloomquist stated that the Wildwood Park Task Force and the Parks and Recreation Commission approved the changes. Analyst Bloomquist described the elements of the new water feature for Wildwood Park and noted that it would take approximately ]2 weeks for delivery and installation. Analyst Bloomquist stated that the total water feature project cost should not exceed $22,575, with funding available from the current CIP. BOGOSIAN/STREIT MOVED TO AUTHORIZE CITY MANAGER TO ENTER INTO A PROFESSIONAL DESIGN AND BUILDING AGREEMENT WITH INTER PLAY DESIGN. MOTION PASSED 5-0. 8. REPORT ON COSTS INCURRED FOR ABATEMENT AT 14660 QUITO ROAD, SARATOGA CALIFORNIA (ESCAMILLA - APN 407-14-004) STAFF RECOMMENDATION: Confirm the report on Costs of Abatement Incurred for the Abatement of Nuisance at 14660 Quito Road; adopt resolution confirming report and authorizing special assessment and other actions for recovery. TITLE OF RESOLUTION: 04-038 Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained the relevant background on the procedures to be followed in order to recover the City's costs incurred for abatement at ] 4660 Quito Road, Saratoga. City Attomey Taylor stated that 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. City Attorney Taylor stated that 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 Attomey 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. City Attorney Taylor An Itemized Cost Statement is attached showing the total - cost of abatement proceedings as $19,583.66. 11 BOGOSIAN/KLINE MOVED TO ADOPT RESOLUTION CONFIRMING AND ADOPTING COST RECOVERY REPORT FOR THE ABATEMENT OF PUBLIC NUISANCES LOCATED AT 14660 QUITO ROAD (ESCAMILLA - APN 407-14-004). MOTION PASSED 5-0. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith reported the following information: Hakone Foundation Liaison -May 22 & 23, 2004 Hakone Festival Sarato¢a Historic Foundation -May 18' 2004 the City and the Foundation is co- sponsoring apresentation on the Muwekma Ohlone Tribe. Vice Mayor Kathleen King reported the following information: Chamber ofCommerce -Assistant City Manager Lorie Tinfow and Economic Development Coordinator Danielle Surdin gave a presentation in regards to the proposed Redevelopment Advisory Commission. Councilmember Stan Bogosian reported the following information: Countv HCD Policv Committee -Project Match house sold in Sazatoga. Requested that the City help them find a new home in Sazatoga. Councilmember Norman Kline reported the following information: Library Joint Powers Association - Measure B failed -next meeting JPA will start to look at ways to make cuts. Councilmember Nick Streit reported the following information: Santa Clara Countv Vallev Water Commission -continued discussion in regazds to the discrepancy in rates between the North and South. West Va]ley Solid Waste Joint Powers Association -the JPA's contract with Green Valley Disposal will expire in February 2007. The JPA has started the process anticipating a competitive bid process. West Vallev Sanitation District -started budget process. CITY COUNCIL ITEMS Councilmember Bogosian requested the staff start education the community on the proposed RDA. Responding to Councilmember Bogosian's request, Councilmember Kline noted that Vice Mayor King announced the American Cancer Society's Relay for Life on May 22 & 23, 2004. CITY MANAGER'S REPORT None OTHER None 12 ADJOURN TO CLOSED SESSION The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 9:50 p.m. ADJOURNED TO CLOSED SESSION 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 MAYOR'S REPORT ON CLOSED SESSION Mayor Waltonsmith reported there was Council discussion but no action was taken. ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting 10:51 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 13 SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: ~~~ ORIGINATING DEPT: Administrative Services CITY MANAGE PREPARED BY: Jaye Tkach`~"~ DEPT HEAD: SUBJECT: Check Register: 5/6/04 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. Date Manual Void Total 5/612004 Checks Checks AP CHECKS A96307-96424 1 GENERAL 100,528.92 336.89 100 COPS-SLESF 110 Traffic Safety 551.60 150 Streets R Roads 8,080.53 180 LLA Districts 4,664.78 250 Dev Services 7,791.34 260 Environmental 660.15 270 Housing & Comm 2,750.00 290 Recreation 9,917.99 (1,500.00) 291 Teen Services 339.15 292 Facility Ops 1,600.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 179.95 351 Public Safety 60,883.49 352 Infrastructure 230,034.07 353 Facility 434.73 354 Park and Trail 40,089.40 400 Library Debt 420 Leonard Creek 720 Cable N 740 PD #3 800 Deposit Agency 1,380.00 Subtotal 469,886.10 336.89 (1,500.00) _ ,. PAYROLL CHECKS: 829890-29916 TOTAL a,~ Prepared by: Date: ~Gpc~ S-//- D Apr-99 .. ^ m i N m m a M a ~~~ N £ 4 ~ 6 X m , 'i q C N N O O P VI h O O O P r1 m ~'I N T m H N I(1 O m m F T O m N a V 1'1 N VI YI m N N r1 ri ea N N N m •i ri N N ~ N a ~ ~ ..~~ a [. 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RECOMMENDED ACTION(S): 1. Authorize City Manager to execute the First Amendment to the Agency Agreement for Countywide Household Hazazdous Waste Collection Program for Fiscal Yeaz 2004/05. REPORT SUMMARY: Background: City Council approved the current Agency Agreements for the Countywide AB939 Implementation Fee and the Household Hazadous Waste (HHW) Collection Program at their June 18, 2003 meeting (attachment A). As provided for in the original agreement, City Council is being asked to review and approve the First Amendment to the HHW Agency Agreement, which will take effect, if approved, on July 1, 2004, and remain in effect until a second amendment to the agency agreement is made. Changes to the Agency Agreement aze usually minor and typically made on an annual basis. The changes reflected in Section 17 of the HHW Agency Agreement are minor and do not significantly alter the spirit of the original agreement. The changes are summarized below aze reflected on attachment B, Exhibit A: Proposed Changes to Section 17 of the HHW Aazeement: 1. Augmentation budget reduction of $10,000: • A 3% service level for Sazatoga households is stated in the agreement and is funded by a $1.85 per ton disposal fee charged at the landfill. The cost per vehicle to participate in the program is $60.00, and this figure is the basis for calculating the 3% service level budget and the corresponding number of households served by augmenting the budget. Historically, the level of resident participation is in the 7-8% range, which far exceeds the 3% service level. Historically, the City augments the budget to reflect this level of participation. The budget augmentation last yeaz was $50,000, and this yeaz a proposed reduction of $10,000, due to the Citywide budget constraints, will place the augmentation to a level of $40,000, which is projected meet over 95% of the residents HHW needs. 2. Elimination of abandoned waste collection: • The current ageement provides for the disposal of abandoned HHW by government agencies and nonprofit charitable users. As defined in the ageement, HHW is considered abandoned when it is left at a property by an unknown party. This service has been removed because the County lacks the authority, which is issued from the department of toxics and substance control, to accept abandoned waste and transport it without a manifest. In order. to comply with the requirements, the renewal of a variance must take place. The variance was applied for by the County last August 2003 and, as of the date of this writing, has not been issued. 3. Language change in Pazagaph 3 as follows: At the end of each fiscal yeaz, a final annual cost statement shall be prepazed by the County and issued to the City. Previous agreement language stated "and issued to the City by November 15" (attachment B, Exhibit A). HHW Schedule for Fiscal Yeaz 2004/2005: New schedule is listed on Attachment C Staff has reviewed these changes with our City Attorney and recommends Council authorize the City Manager to execute the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Progam. FISCAL IMPACTS: Augmentation budget reduction of $10,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City of Sazatoga will not approve the First Amendment to the Agency Ageement for Countywide Household Hazazdous Waste Collection Progam which may result in disruption or elimination of these services above the 3% participation level. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): 1. Execution of the First Amendment to the HHW Agency Ageement by the City Manager 2. Forward 3 endorsed copies of the first amendment to the HHW Agency Ageement to Rob D'Arcy of the County of Santa Claza HHW progam. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A -Agency Agreement for Countywide Household Hazazdous Waste Collection Program. Attachment B -First Amendment to the Agency Agreement for the Countywide Household ' Hazardous Waste Collection Program. Attachment C-HHW Schedule for Fiscal Yeaz 2004/2005 rATTACHMENT A AGENCX AGREEMENT rOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the (CITY or P 'cipating Juris fiction) and the County of Sant Clara (COUN1 on the day of 2003. IaECxrALs WHEP.EAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the county and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which an event has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazazdous waste (HHW) in order fo encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health. or environmental hazard; and WI3E12EAS, the participating jm'isdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazazdous wastes. These - wastes include, but are not lianited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze and car batteries. Residents of the CIT'I' listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event where these wastes will be accepted for proper disposal as described below; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY'2004 through FY'2006 (July 1, 2003 -June 30, 2006); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 3% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Fee (HHW Fee}, as authorized by Public Resources Code 41901, to be collected at $1.85 on each ton of waste disposed of at landfills located within the county or taken to tton-disposal facilities located within the county and subsequently transported for disposal to land:611s located outside of Santa Clara County. AGENCY AGAEEM6NT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COL[.EC7'[ON PROGRAM AIIPLTCATE ORIGINAL _. NOW, THEREFORE, CITY and COUNTY OF SANTA CLARA AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (COHHW progam) SY311ab1e t0 lts residents. Participating Junsdictions are those jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, of 5].85 per ton, collected as part of the AGENCY AGREEMENT' FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the Department of Finance, Demographic Research Unit in its most recent Report E-1, "Population Estimates for California Cities and Counties." B. Abandoned Waste Disposal Cost will be apportioned based on the number of households in all cities and towns in Santa Clara County and in the unincorporated area of the County. C. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected HHW Fee funding allocation by jurisdiction is set out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.22, $1.27 and 51.32 per household per jurisdiction for fiscal years 2004, 2005 and 2006 respectively. Fixed Costs are projected for Fiscal Year 2004 through 2006 in Attachment B. Fixed Program Costs may include, but aze not limited to five (5) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, program publicity, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HpyARDOUS WASTE COLLECTION PROGRAM 4. ABANDONED WASTE DISPOSAL COST Abandoned Waste Disposal Costs will be $0.12 per household for all households in the cities and towns of Santa Clara County and in the unincorporated area of the County. The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Chazitable Reeser organizations defined in PUBLIC RESOURCES CODE SECTION 41904. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHIiWCF) and at Temporary Events. The Variable Cost Per Caz is estimated to be approximately $60 per car for Fiscal Year 2003. The estimated cost per car will be adjusted annually to reflect actual service costs. After Fixed Program Costs and Abandoned Waste Disposal Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 3% of households across all participating jurisdictions, If the level of 3% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 3% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, Abandoned Waste Disposal Costs, and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, emergency HHW services, funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities. 7. ADMINISTRATION AND PAYMENT OF IIHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) wil[ administer the HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE. AGENCY AGREEt.~NT POR COUNTY WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM g. PROGRAM PUBLICITY The CoHHW Program shall have responsibility for developing and coordinating countywide awareness of HHW and Oil Recycling Programs. CoHHW Program public awareness responsibilities shall include, but not limited, to the following activities: • Serving as the fomral contact to the major media. • Providing participating jurisdictions with educational materials developed for the CoHHW Program. • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions. • Representing the program through educational presentations for schools and businesses and attendance at community events such as local fairs and festivals. • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. • Public education material distribution CITY public awareness responsibilities, at the sole discretion of the CITY, shall include, but not limited to the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication. • Adapting and distributing the media relations materials developed by the CoHHW Program to local newsletters, newspapers and to the electronic media • Providing the COHHW Program with a copy of loca]ly produced materials. • Conducting supporting outreach and publicity to attain the 3% goal of household participation. 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Environmental Healtb. The Director of the Department of Environmental Health has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional services provided on a cost recovery basis and to terminate any contracts as warranted All contracts/agreements/amendments shall first be approved by County Counsel. 10. TENZPORARY I:TIIW EVENTS: COUNTY shall conduct HHW Events at various sites located in Santa CIara County. COUNTY shall obtain all necessary permits and licenses required for the Events and AGENCY AGREEMENT FOR COI1N7'YWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM shall provide or contract for the services of properly trained, qualified personnel and _ hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at three County Household Hazardous Waste Collection Facilities (CoHHWCF). The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and Iicenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. The CoHHW Program will schedule an adequate number of collection days to provide service to 3% of households in each participating jurisdiction. The CoHHWCFs are located at: • Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale • Tenth Street Cexter,160014th Street, San Jose • San Martix,13055 Murphy Avenue 12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (2201bs.) of hazardous waste or I Kilogram (2.21bs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CESQG collection events, which will be scheduled at the CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses. See Attachment D,. titled Santa Clara County CESQG Drop-off Price List. The Santa Clara County CESQG Drop-off Price List is subject to change at the discretion of County to reflect increases or decreases in CoHHW Program costs. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means a HHW left at a property by sn unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a AGHNCY AGREEMENT FOR COUNTY W(DH HOUSEHOLD HAZARDOUS WA37E COLLECTION PROGRAM fee. Government agencies will be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization, is a nonprofit as defined in Section 501 (c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more then 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to Ute Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE (Fee). Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the coat for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds collected through the Fee in any one fiscal year, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Progtam's published rates for CESQGs. No costs shall be applied to the budget of a participating jurisdiction. 15. WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 252I8.1(e) or as later amended, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil Slters, garden chemicals, household cleaners, pool chemicals and other common hazardous consumer products. 16. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 above shall be accepted. AOBNCY AGREEMFN7 FOA COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGINM 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Departrnent of Environmental Health. Additional services may include, but are not linuted to, additional appointments (charged at the variable cost per car rate), Door-to-Door HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection. CITY agrees to augment up to an additional $50 .00 jL to the Countywide HHW Program during Fiscal Year 2004 for the purpose of increased resident participation above the 3% service level at the scheduled collection dates listed in Attachment C. Augmentation will be calculated at the Variable Cost Per Car rate which is estimated at $60.00 per car. Fiscal Year 2005 and FY 2006 funding augmentations shall be agreed upon in writing by the Director of the Department of Environmental Health and the designated CITY representative. Other services will be chazged on a cost recovery basis. If CITY elects to augment funding, COUNTY will bill CITY, at the end of each Sscal quarter for additional resident participation above the 3% service level. Payment is due within 30 days of the invoice date. At the end of each fiscal year, a fmal annual cost statement shall be prepared by COUNTY and issued to CITY by November 15. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt ofthe annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 18. INFORMATION AND APPOINTIVIENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register residents for the Temporary HHW Events and CoHHWCF and provide information about hazazdous household materials. CITY will be notified when indicated resident participation approaches the 3% base level of service. 19. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to detemnine the date(s) of the Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events, It is recognized that some of the jurisdictions participating in the CoHHW Program tnay not have appropriate sites available. A proposed schedule of Temporary HHW Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 3% level of service in each participating jurisdiction. AGENCY AGREEMENT FOR COUNTYMDE HOUSEHOLD HAZARDOVS WAST6 COLLECTION PROGRAM r 20. OUTSH)E FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 21. REGIONAL GRANT PARTICIPATTON The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Integrated Waste Management Board which aro available under the California Oil Recycling Enhancement Act of 1991 and all Household Hazardous Waste grants under the California Integrated Waste Management Act. The Countywide HHW Program will act in behalf of all participating jurisdictions, as the lead applicant and grant administrator, and will use the grant funds for the development of a Countywide HHW Program. The CoHHW Program will oversce how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in nay case where the CoHHW Program does not apply. 22. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster, The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment E will provide clarification to local jurisdictions about delegation of CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CTTY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of a special emergency event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Collection events can be scheduled in as little as ten (10) working days of CI'TY's written request or at an agreed upon date thereafter, The plan is set out in Attachment E, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control, and handle wastes in accordance with State law. COUNTY will bill CITY for all special emergency events on a cost recovery basis and all payments shall be due thirty days following the receipt of the invoice. AOENCY AGREBMENT PGR COUN7'YH'IDE HOUSEHOLD HAZARDOUS WASTB COLLECTION PROGRAM 23. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 27 of this agreement. Summary information concerning these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 24. INSURANCE CERTIFICATES Contractors who provide hazardous waste transportation, treatment, or disposal services shall have insurance with the following minimum limits: General Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$1 million; workers compensation -- statutory limits established by law; and environmental impairment liability -$1 million per occurrence, $2 million aggregate, Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program. All insurance certificates shall name CITY, its officers and employees as additional insured. 25. WASTE TRACKING AND REPORTING Within 30 days following the end of each quarter, COUNTY will provide a report to CITY regarding participation rates from each participating jurisdiction. Midyear and yeaz end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for transportation and disposal. COUNTY will prepare a report summarizing program activities which were delivered to the participating jurisdictions no later than six months after the end of COUNTY's fiscal yeaz. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. For purposes of any potential disposal liability, each participating jurisdiction shall be deemed a discharger of only its pro rata proportion of household participation in the Program. For example, if the program served 1,000 vehicles from the City of Milpitas and 10,000 vehicles total from all participating jurisdictions, the pro rata portion of household participation from Milpitas would be ten percent. See also Section 27. COUNTY shall take steps to assure that the quarterly statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WAElT COLLECTION PROGRAM during the next quarter. COUNTY will make every effort to keep the Variable Cost Per Carat approximately 560. 26. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoIIHW Program. 27. HOLD HARMLESS AND INDEMNIFICATION Tn Geu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that e11 losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to GovernmenfCode Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Govemment Code Section 810.8) occurring by reason of the negligent acts oromissions or willful misconduct of the indemnifying parry, its officers, employees or agents, under or in connection with or arisuxg out ofany Work, authority or jurisdiction delegated to such party under this Agreement. No parry, nor arty officer, boazd member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement Additionally, CITY shall indemnify COUNTY for CITY's apportioned share ofany liability incurred and attributed to the Countywide IiHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, ofany liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 24 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attn'buted to the Countywide HIiW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the wrporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident AGENCY AGREEMENT FOR COUNTY WIDE HOUSEHOLD HAZARDOUS WASTE COLLECr[ON PROGRAM 10 • portion shall be determined by calculating the percentage of nonresidents - participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall requve CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CTTY's apportioned share of any liability for household hazardous waste. 28. TERMINATION This Agreement may be terminated by any party upon one-year (365 days) written notice given by the anniversary date of each contract year. 29. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2003, to June 30, 2006, or until all -- revenue from the last quarter's Fee payments has been distributed, whichever is later. 30. EXTENSION OF TERM This Agreement may be extended for succeeding three-year terms if COUNTY and participating jurisdictions so agree in writing. 31. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as as independent contractor and not as an ollicer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 32. EXECUTION B'Y COUNTERPART This Agreement maybe executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. AGENCY AGREEMENT FOR COVNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTTON PROGRAM 11 33. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. ENTIRE AGREEMENT This docunnent embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 35. NOTICES All notices and communications herein required shall be in writing to the other parry as follows, unless expressly changed in writing: CITY of _~ City Representative Representative's Title City Address ~ ~ 7D Santa Clara County Ben Gale, Director Department of Environmental Health PO Box 28070 Saa Jose, CA 95129 AGENCY AOREEMEN7 FOR COUNTYWn)E HOUSEHOLD HAZnRDOUS WASTE COLLECTION PROGRAM 12 IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: °couNTY° COUNTY OF SANTA CLARA, apolitical subdivision of the State of alifomia sy: Bla a Alvarado, Chairperson, Board of Supervisors Date: ~uN o s ~oa3 ATTEST: Phyllis P ,Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: ~ ~`~~`~~ Kathy Kretc er Date Deputy County Counsel "CITY" CITY OF ~`° ~-~'~ a municipal corporation. by: ~~(~ Title: Date AGHNCY AGREEMENT POR ODIINTYWIDE HOUSEHOLD HAZARDOU3 WASTE COLLECTION PROGRAM ] 3 Attachments: A Projected AB 939 HHW Fee Fiscal Year 2004 B Estimated HHW Program Fixed Costs by Fiscal Year C HHW Schedule For Fiscal Year 2004 D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan AGENCY AOREEMENTFOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 14 O (Np LL m LL Q ~ r o, W m `~ Q x ~ h ~ O a` 3i'.,";='~J~~=~~'`~ a O h M ~ p00~ P O~ t ~ pM V ~p N N ~ ~ 00 ~ ferry Oo ^ N Q\ ~ Nj -ki3Y' Li ~, O ~ ~ ~ ^ N o p ~ ~ M ~ N M v ~ `.. O Jr : ~ d' I ~ 1 N Vf . -: N ~j l i ~ ' `~i;,:. ! " ~h ~d p " < el Q~ N N ~. N O Q~ O~ N Q+ t~ [~ ' _ :01~ 17;'t:%;rA3~'` ~ N M e N .-: N M N h ~ h .. a vt . _ . itg"m:P !,,' G~~ Fii . ~, ~,~ . i ~ ~ ~ ~ r,La Y F 9: ewv11 uni.l+i~C '.. '4:n!:~Ni„':. ' O~ fry M `? . .,r t~ O\ N ~ W H. V~ 00 ¢n v ..: ~qy^. eq : ~; ~L~:;:a,~ A~ ig I .: ~ '. . ~ l ~yl - Jr I In b O b Oo f b 00 ~O ee}} 'Q vl l~ ~ OD f~ p N V~ N of ~ N OI O. O M M Q~ O~ oo .+ O ao a I~ T oD - t~ 00 'O `. I ~~6~'' i+.~ ~ O~ ~ ~ h M-. M A N ~ ~ M V1 C M V M ipp p: 1~ . y~~1i :'yw3ip '~~ y r.~;yJ. w- T.: . R: ~ ~, aN0 pp 0 N ~ 0 ~ h N O Vbl m e m b ~ ~~Npp j O . 7"` ~I "ep m O N 00 h N vi N vi N ~O 1^ O~ I~ V1 O ; . ,~;~ ~ c~ N oo m In .. b .. ~ N N M O~ F ti 4S ,~!;; y: ~.. ? :.; ~ ~Ar;;!L'tixKlS ssW :' :, f i 1k:1 ~ ~ O M M v 1 ~ ~ V~1 O tM~1 Ian O N M ~ '~ O 'b }y ,~¢ :},~ ~',t q1 ' : i h ~ N ~ Q ~ h O oo ( N ! N 0 h N n + ~ 1~ pp h ~'1 1 ~ G~ ~ O~ O O a vi c~ '~ O~ d FYI - N~r{+,~ : .?IS; ~"x1+ -p:~-bti::~! O M a0 M V ? N M 0 N b . vl M ~O h l`~ b ^ N O h. ? Ry ~ , ^f~p~~ ' ~ :" O~ l~ CO N e0 l~ N m ~ ~ O N N N ~ ~~ . , .;O,:r I° ` } d' H M M M h M O\ 00 b N M ~O i O~ 'y: l b~l~ A~ti~ W ~ r ~ +jp I# w I`ys .. ~ ; r ~ In a t~ v w o rn r o. o .• o a c ~ ~ ? ~` I F,_s j .~'=J~:..~...A• ''.: ' b b h 00 l~ l~ d' ao O~ V' M b 'C H. l~ d; 00 h M 00 l~ ~ M o0 O ~ r w^O T e Q N O „ N tai r ~ ~ M N h V ~ a i IFI m " ~ ..~ l A ~ 4~' .-~ . r r . . . : -: o o N Lk . . , ~~' F ^ ,L~ a. i ' ~ ~-,'t~~ CS 4 (7 ~ o ~~ U O w y u ~' i , y , E d ~c ~ V7 C :1' O' _ u 2 , } '~r1~0 ~ y t! Fi ~ ~ v fi-. i i spp~~~$°s$~~~s O ~O ~ H~ N N~ N~~ N O V' .-+ i9 f9K HfAHK N H H! C eo Q W J U r m U W o7~Z5o~S~Soo C h h O N N M N ti~ N N d' OV-~964 Vi 69 H69 f9 V9 i<4F H og~$~S°s.~~o°s. ~00~ON v~MOr+O~ O N O H~ N N H1 N ^' "' N N ~.~ f9 (A G9 V9K H9 i9 i9 h N Z. ~ ~„ _ ~ a ~ 7 y a ~ ae = N ~ NN y H F7 O ~~ ~~ ~ ~ ~ ~~~ v b .~ w a ' q ~ Y ~ ~ ~ ~ a~ A a Attachment C HHW SCHEDULE FOR FISCAL YEAR 2004 2003/Month Day Dab Location e o van Count Holidaysl Nobs Jul Frida 4 NO EVENT NO EVENT FOURTH OF JULY Saturday 5 NO EVENT NO EVENT FOURTH OF JULY Fride 11 SAN JOSE PERMANENT Saturda 12 SAN JOSE PERMANENT Saturda 19 SUNNriALE PERMANENT Frida 25 SAN JOSE PERMANENT Saturda 28 SAN JOSE PERMANENT Au ust Fdtl 1 SAN MARTIN PERMANENT Saturda 2 SAN MARTIN PERMANENT Fdda 8 SAN JOSE PERMANENT Saturde 9 SAN JOSE PERMANENT Saturda 16 SUNNYVALE PERMANENT Saturday 29 CUPERTlNO TEMPORARY Saturday 30 NO EVENT NO EVENT LABOR DAYSEPT 1 September Fdd 5 SAN MARTIN PERMANENT Saturda 6 SAN MARTIN PERMANENT Fdd 12 SAN JOSE PERMANENT Satutda 13 SAN JOSE PERMANENT Saturda 20 SUNNriAI.E PERMANENT Saturday 27 SANTA CLARA TEMPORARY October Frid 3 SAN MARTIN PERMANENT Saturd 4 SAN MARTIN PERMANENT Frid 10 SAN JOSE PERMANENT Saturda 11 SAN JOSE PERMANENT Salurd 15 SUNNYVALE PERMANENT Saturday 25 WEST VALLEY TEMPORARY November Frida 3t SAN MARTIN PERMANENT Saturda 1 SAN MARTIN PERMANENT Frida 7 SAN JOSE PERMANENT Saturde 8 SAN JOSE PERMANENT Saturd 16 SUNNYVALE PERMANENT Frida 21 SAN JOSE PERMANENT Saturda 22 SAN JOSE PERMANENT Saturday 29 NO EVENT NO EVENT 27 8 28 THANKSGIVING December Fride 5 SAN MARTIN PERMANENT Saturda 0 SAN MARTIN PERMANENT Frid 12 SAN JOSE PERMANENT Saturda 19 SAN JOSE PERMANENT Saturda 20 SUNNYVALE PERMANENT Saturday 27 NO EVENT NO EVENT DEC 25 CHRISTMAS 2004/Jan Frids 2 NO EVENT NO EVENT JAN 1 NEW YEARS Saturda 3 NO EVENT NO EVENT Fdde 9 SAN JOSE PERMANENT Saturda 10 SAN JOSE PERMANENT Saturda 17 SUNNYVALE PERMANENT Frid 29 SAN JOSE PERMANENT Saturda 24 SAN JOSE PERMANENT Frida 30 NO EVENT NO EVENT Saturday 31 NO EVENT NO EVENT • Attachment C HHW SCHEDULE FOR FISCAL YEAR 2003/ 2004•eontinued 20041MOnth Day Date Location ps'o! Event County Holidays/ Notes Februa Frid 6 SAN MARTIN PERMANENT Salutda 7 SAN MARTIN PERMANENT Fdda 13 SAN JOSE PERMANENT Saturde 14 SAN JOSE PERMANENT Sat9rda 21 SUNNYVALE PERMANENT F' 27 SAN JOSE PERMANENT Saturda 28 SAN JOSE PERMANENT March Fdda 5 SAN MARTIN PERMANENT Saturda 8 SAN MARTIN PERMANENT Fdda 12 SAN J03E PERMANENT Setunla 13 SAN JOSE PERMANENT Saturde 20 SUNNYVALE PERMANENT MOUNTAIN VIEW Saturday 27 M/LPITA3 TEMPORARY April Fri 2 SAN MARTIN PERMANENT Saturda S SAN MARTIN PERMANENT Fd 8 SAN JOSE PERMANENT Saturcl 10 SAN JOSE PERMANENT Satunie 77 SUNNYVALE PERMANENT Saturday 2a SANTA CfARA TEMPORARY M Fd 30 SAN MARTIN PERMANENT Salurd 1 SAN MARTIN PERMANENT Fd 7 SAN JOSE PERMANENT Saturde 8 SAN JOSE PERMANENT Salurd 15 SUNNWALE PERMANENT Safurda TT LOS ALTOS TEMPORARY EMORULL DAY Saturda 29 NO EVENT NO EVENT MAY 24 M Juno Fd 4 SAN MARTIN PERMANENT Saturday 5 SAN MARTIN PERMANENT Fd 11 SAN JOSE PERMANENT SeNnl 12 SAN JOSE PERMANENT Saturd 19 SUNNYVALE PERMANENT Fride 25 SAN JOSE PERMANENT Seturd 26 SAN JOSE PERMANENT SUBJECT TO CHANGE J W U a LL O a O D W U F}-- Z g U H a C d L V w • w _ LL Q U o ~ EA = Q W o ~ f9 m ~ w ~ fA m n ~ 69 W ~ Q C7 ~ O ~ ~A ~ ~ o W f9 z r ~ O a f9 J Q ° to z z z a~~ ~Z z z U UU r J J Q U' C7 O ~ N a°h b4 fA EA z z z ~~~ z z z V UU r J J ~ (9 U' ~ ~ N a°° M Vi EPr ~ z Z az ~ z~ o U U J J Q O~ U' ((~~ ° m ~ ~Q ~~~~ f9 .-. b9 O N ~ O Q JQ m ~ ~ W ~ O ~ z 2 t ~ o fn W O g ° "9 J ~ W ° E9 ~ W r d O Cn O W W ~ O O ~ ~ O O ~ Z_ Q a - Z (n J J a. ~ O O O W w D U w Z ~ O J J ~ ~ to ~ ( 9 m U U1 J ~ ~ w U ~ ~ w LLO ~ ~ N 4 ~ ~ O ui ~ ~ O ~ uia zLL wrn X y ~ u~1 a w >>>> a w r W CJ C! °^ ~~ O w J W Q r } r X Q u, J J D W^ m Z }} r ~ a W a~ v G J ~ UO W a y Z C7 ~ O W O ~ a ~ ~ ~¢ W m w Z `¢ w ° Z w z 0 ° O J w z w z? w N a p o O w ~ gOg ~a ~ O ~ m ~ ? ~ ~ a a ~ v ¢ rz LLO Q co a ~°~=~q=a 4 Ww J > C7 z¢ > r p ~ fq p O O W m J Z W U? . ~~ rw O Z ~o Ous am u, ° u, y m zX~;oo LL ry i LL O} J ^ z z ¢ U v w W O v ^ m U W (~ aX V ~ r W w ~ V (~ ° U1 U' ~ ~ Z Z F- O U' Q ~ ~ W N • ~ 2 LL LL O d Q~ O O ~ to m~ tt~~ U=~ ¢ O W w ~ W C 7 W U ~ p ~ z __ U ~ Z U ~~ U uj O ~ O Q ~ U ~ a ~ z g ¢Q U W ~ J !q a ~ a a O O N U> Q C w a y a - ~ N ~ w l1 U U C~ ~ l d C U ~ W ' 0 0 z W _ m 1 ° Q~aU` O m ~ N~ ~ w z r U m ~ ^w m ° U ~ C7 ~` _~ ui a^~m~~Q m ~ w oQ O w ~ m g u-' v~ ~w ~w r = 80= ~r ~oNO= Y r ~ X} m ~ r w Q a Z C7o c7Q z U ~~U s wwrn~~U Q w ~ OU = w J N w ~ ~ Q V ui F z w3 a w wow ~°maOgw w ~ z w~ U o W J w J Z Q J W Z > Z j U W Z v W r ~ ~ W ~ Z 6 ~ } ~ m ° p Q ' Q ~ ( ~ ~ a la- W a Fa- ~ y U r O J w a { y 3 m z = zZ z_z ~ ~ F- W 0 O W Q r - ? ~ O z ¢ U x w O w F- O d _ J O ° Z O ~ J O ~~ Q~ ' Z J ~ i LLI Q a~ ~ O S ~ Q V o. ~ Q a Y g 0. O O U Q .-. U t~ W d U a w t • =U' ° = J O O _ O ~ O . ~ J = r C7~ = J ~ Cl O Y U ~ O g m U ~ F ¢ a a = U a' = LL- H ~ g- ~ F - ~ g o N 0 Qs U Z ad O a U O U w a LL O a ~~ Attachment E HOUSEHOILD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment will provide clarification to local jurisdictions about services the County can provide and the responsibilities of each parry for the collection of household hazardous wastes (1IIiVl~ in response to an emergency. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HIiW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster tray result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the City HTIW Coordinators is essential. 3. Public Informaflon/Notiticatton: Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City's public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State Hk]tVV Colleetlon Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazazdous waste, from DTSC through their expedited approval process. __ AGENCY AGREEMEN'T' FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the HHW Program's hazardous waste transportation vehicle. In additional, events can be scheduled ai the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).. The following options are available to each participating City. Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at _, events. CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the BOP Centers. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carf Ave., Sunnyvale • Tenth StreU Ceruer,160010th Street, San Jane • San Martin, 73055 Murphy Ave, Saa Martin 6. Costs, Documentation and Reimbursements Cities will be billed on a cost recovery basis commensurate with the charges specified in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2 -- The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time ead materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services to businesses will be provided on a cost rewvery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD IiAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federsl Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emernencv Services (OESI The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the _ disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow S andardized Emereencv Manaeement Svstem (SEMSI All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area Is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies ox State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique AGENCY AGREBMENP FOR COUNTYWIDB HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, inteerated Waste Management Disaster Plan: Guidance for local eovemment on disaster debris mane¢ement. January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Emergency Planning Contacts and Personnel Primary County Contact: Department of Environmental Health Household Hazardous Waste Program Ed Ramos $azardous Material Specialist 408-299-7300 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Santa Clara County Department of Environmental Health Hazardous Materials Compliance sad Solid Waste enforcement Division Antone Pacheco Director 408-918-1958 Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/2b2-1841 (voicelfDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TI7D) CHEMTREC Emergency number, (800) 424-9300 Non-emergency (800) 2b2-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chenucal releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY AGREEMENT FOR COUNTY WIDE ItOUSEHOI.D }IAZARDOUS WASTE COLLECTION PROGRAM ATTACHMENT B FIRST AMENDMENT TC~ THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD H RDOUS WASTE COLLECTION PROGRAM This is the First Amendment to the "Agency Agreement for Countywide Household Hazardous Waste Collection Program," (AGREEMENT) by and between the participating jurisdiction (CI /TOWN) and the County of Santa Clara, (COUNTY), which was effective on July , 2003. The COUNTY and the CITY Section 17. ADDITIONAL SE full as set forth in Exhibit A, The following attachment of attachment hereto and incor Attachment C. HHW Sche Except as amended herein, II terms and conditions of said AGREEMENT shall remain in full force and effeq~. The effective date of this Amendment is July 1, 2004. IN WITNESS WHEREOF, C~UNTY and CITY, through their duly authorized representatives, have enter d into this First Amendment to the AGREEMENT on the date shown below: COUNTY OF SANTA CLA~tA Signature: CITY/TOWN OF Saratoga Signature: Ben Gale Director of Department of Health Date: that: UNDER THIS AGREEMENT is amended in hereto and incorporated by reference herein. AGREEMENT is amended in full as shown in the ted by reference herein. ule for Fiscal Year 2004/2005 APPROVED AS TO FO M AND LEGALITY Kathy Kretch er Deputy County Counsel Date: 4 '~ °"( Name: Title: Date: EXHIBIT A 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Deparhrrent of Environmental Health. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per caz rate), Door-to-Door HHW Collection and Used Oil Filter, Collection. CTTY agrees to augment up to an additional $ to the Countywide HHW Program during Fiscal Yeaz 2005 for the purpose of increased resident participation above the 3% service level. Augmentation will be calculated at the variable cost per car rate which is estimated at $60.00 per caz. Fiscal Yeaz 2006 funding augmentations shall be agreed upon in writing by the Director of the Department of Environmental Health and the designated CITI' representative. Other services will be chazged on a cost recovery basis. If the CTTY elects to augment funding, the COUNTY will bill CTTY at the end of each fiscal quarter for additional resident participation above the 3% service level. Payment is due within 30 days of the invoice date.. At the end of each fiscal yeaz, a final annual cost statement shall be prepazed by the COUNTY and issued to the CTTY. The annual cost ` statement will take into consideration costs incurred on behalf of the CTTY for additional services and all payments made by the CTTY to the COUNTY. If any balance is owed to the COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to the CITY, COUNTY will refund that amount to the CTTY within 30 days of the annual cost statement. Attachment C HHW Schedule for Fiscal Year 2004/2005 ATTACHMENT C HHW SCHEDULE FOR FISCAL YEAR 2004/2005 20041Month Day Date Location ype o ven County Holidaysl Notes Ju Frida 2 NO EVENT NO EVENT FOURTH OF JULY Saturda 3 NO EVENT NO EVENT FOURTH OF JULY Frida 9 SAN JOSE PERMANENT Saturda 10 SAN JOSE PERMANENT Saturda 17 SUNNYVALE PERMANENT Frida 23 SAN JOSE PERMANENT Saturda 24 SAN JOSE PERMANENT Frida 31 NO EVENT NO EVENT Saturday 1 NO EVENT NO EVENT Au ust Frida 6 SAN MARTIN PERMANENT Saturda 7 SAN MARTIN PERMANENT Frida 13 SAN JOSE PERMANENT Saturda 14 SAN JOSE PERMANENT Saturda 21 SUNNWALE PERMANENT Saturday 28 CUPERT/NO TEMPORARY Se tember Frida 3 NO EVENT NO EVENT I.P:BOR DAY Saturda 4 NO EVENT NO EVENT Frida 10 SAN JOSE PERMANENT Saturda 11 SAN JOSE PERMANENT Saturda 18 SUNNYVALE PERMANENT Saturday 25 SANTA CLARA TEMPORARY October Frida 1 SAN MARTIN PERMANENT Saturda 2 SAN MARTIN PERMANENT Frida 8 SAN JOSE PERMANENT Satunla 9 SAN JOSE PERMANENT Saturda 16 SUNNYVALE PERMANENT Saturda 29 WEST VALLEY TEMPORARY Frida 29 SAN JOSE PERMANENT Saturday 30 SAN JOSE PERMANENT November Frida 5 SAN MARTIN PERMANENT Saturda 6 SAN MARTIN PERMANENT Frda 12 SAN JOSE PERMANENT Saturda 13 SAN JOSE PERMANENT Saturda 20 SUNNYVALE PERMANENT Saturday 27 NO EVENT NOEVENT 25 & 26 THANKSGIVING December Frida 3 SAN MARTIN PERMANENT Saturda 4 SAN MARTIN PERMANENT Frida 10 SAN JOSE PERMANENT Saturda 11 SAN JOSE PERMANENT Saturda 18 NO EVENT NO EVENT Saturday 25 NO EVENT NO EVENT DEC 25 CHRISTMAS 20051Jan Frida 31 NO EVENT NO EVENT Saturda 1 NO EVENT NO EVENT JAN 1 NEW YEARS FrWa 7 SAN JOSE PERMANENT Saturda 6 SAN JOSE PERMANENT Saturda 15 SUNNYVALE PERMANENT Frida 21 SAN JOSE PERMANENT Saturda 22 SAN JOSE PERMANENT Frida 28 NO EVENT NO EVENT Saturday 29 NO EVENT NO EVENT Attachment C HHW Schedule for Fiscal Year 2004/2005 HHW SCHEDULE FOR FISCAL YEAR 200412005-continued 2004IMonth Day Date Location Type of Event County Holidayal Notes Februa Frida 4 SAN MARTIN PERMANENT Saturda 5 SAN MARTIN PERMANENT Frida 11 SAN JOSE PERMANENT Saturda 12 SAN JOSE PERMANENT Saturda 19 SUNNYVALE PERMANENT Frida 25 SAN JOSE PERMANENT Saturda 26 SAN JOSE PERMANENT March Frida 4 SAN MARTIN PERMANENT Saturda 5 SAN MARTIN PERMANENT Frida 11 SAN JOSE PERMANENT Saturda 12 SAN JOSE PERMANENT Saturda 19 SUNNYVALE PERMANENT MOUNTAIN VIEW Saturday 26 NO EVENT NO EVENT A ril Frida 1 SAN MARTIN PERMANENT Saturda 2 SAN MARTIN PERMANENT Frida Saturda Saturda 8 9 16 SAN JOSE SAN JOSE SUNNYVALE PERMANENT PERMANENT PERMANENT Saturda 29 SANTA CLARA TEMPORARY Saturday 90 LOS ALTOS TEMPORARY Ma Frida 6 SAN MARTIN PERMANENT Saturda Frida 7 13 SAN MARTIN SAN JOSE PERMANENT PERMANENT Saturda Saturda Saturday 14 21 28 SAN JOSE SUNNYVALE NO EVENT PERMANENT PERMANENT NO EVENT MAY 30 MEMORIAL DAY June Frida 6 SAN MARTIN PERMANENT Saturda Frida 7 13 SAN MARTIN SAN JOSE PERMANENT PERMANENT Saturda 14 SAN JOSE PERMANENT Saturda Saturda 21 28 SUNNYVALE MILP/TAS PERMANENT TEMPORARY 'SUBJECT TO CHANGE SARATOGA CITY COUNCIL (~ MEETING DATE: May 19, 2004 AGENDA ITEM: _~v ._- ~~~,~_ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: ~ , ~~,~ s DEPT HEAD: SUBJECT: RCSOlutlolt Supporting the Appointment of Eunice Cox to the Santa Clara County Council on Aging RECOMMENDED ACTION: That Council approve the attached resolution supporting SASCA's decision to appoint Eunice Cox to the County Council on Aging. REPORT SUMMARY: Attached is the resolution supporting the appointment Eunice Cox to the County Council on Aging. At their April 19, 2004 Board meeting the Saratoga Senior Coordinating Council voted to appoint Eunice Cox to the County Council on Aging. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Saratoga would not have a representative on the County Council on Aging. ALTERNATIVE ACTION: N/A FOLLOW UP,ACTION: Send a certified copy of the resolution to the County Council on Aging. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Letter from SASCC Attachment A -Letter from Eunice Cox Attachment A -Resolution of Appointment RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING THE SARATOGA AREA SENIOR COORDINATING COUNCIL'S (SASCC) DECISION TO APPOINT EUNICE COX TO THE SANTA CLARA COUNTY COUNCIL ON AGING WHEREAS, currently the City of Saratoga is not represented by the City of Sazatoga on the Santa Clara County Council on Aging; and WHEREAS, on April 19, 2004 the SASCC Boazd voted to appoint Eunice Cox to represent the interests of the Sazatoga senior population on the Council on Aging. NOW, THEREFORE, the City Council of the City of Sazatoga hereby resolves that the following appointment of Eunice Cox is made to the Council on Aging. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 19~' day of May 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SASCC MAY 0 5 2004 P.o. Box 3033 SABATOGA, G 95070 City OF sH,t„, p~ (408) 866-1257 May 4, 2004 Cathleen Boyer, City Clerk City of Saratoga Saratoga, CA 95070 Deaz Cathleen: Attached please find our letter of transmittal to Eunice Cox. This letter reflects the Board of Directors' decision on April 19, 2004 to recommend her to the City Council to represent the interests of the Saratoga senior population on the Santa Clara County Council on Aging. Please forward this recommendation to the City Council. Thank you. Sincerely, nie Dee xecutive Director attachment Caring for and serving the needs of Saratoga Area Seniors SASCC P.O. Box 3033 SARATOGA, G 95070 (408) 8684257 May 4, 2004 Eunice Cox 19432 Vineyazd Lane Saratoga, CA 95070 Dear Eunice: This is to officially inform you that the Boazd of Directors of the Sazatoga Area Senior Coordinating Council is recommending to the City Council your appointment to the Santa Clara County Council on Aging to represent the senior population of Saratoga. This action was taken by the Boazd of Directors at its April 19, 2004 meeting. The Boazd was impressed with your credentials and believes that you will represent Saratoga's seniors well. Congratulations on this decision! We look forwazd to your involvement with us and your advocacy on behalf of senior interests. Sincerely, ~~~%~~ Duffy Elgart, President Caring for and serving the needs of Saratoga Area Seniors ~OOZ 8 0 NVW ~~ ~ ~AS1 ~cS.r ~~ March 7, 2004 19432 Vineyard Lane, Saratoga, CA 95070 Ann Waltonsmith, Mayor Saratoga, CA 95070 Dear Ms. Waltonsmith, I wrote to you on March 3 concerning my interest in representing Saratoga on the Santa Clara County Council on Aging (COA). I referred to that group as "Senior Council", linking it in my thinking at that moment with the Santa Cruz County Senior Council on which I served recently before moving to Saratoga from Capitola. A friend with whom I had served on the COA a few years ago suggested to me that Saratoga has no current representative on the body. She represents an organization rather than the City of Campbell as I had thought. I would be interested in filling that volunteer position. I represented the City of Cupertino for several years and, after having moved to Capitola, I represented that city on the Santa Cruz County Senior Council for approximately two years prior to resigning following surgery. I have since moved here to be near my daughter and son-in-law who live in Saratoga. I am retired from the Cal'rfornia State Department of Education where I served as a consultant to school districts. I would be glad to meet with you or your designee to discuss my credentials if you would wish. Si erely, i Eunice W. Cox, Ed. D. Phone: (408) 873-1580 1G432~ine`~ ~^c` one ~~G~C~G, UD~ . SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: _ ORIGINATING DEPT: City Manager's Office CITY MANAGE~R_-'. .o .... pgEPARED BY: Lorie Tinfow Assist. Ciri MQr. DEPT HEAD SUBJECT: Independent Contractor Agreement for Interim Finance Director RECOMMENDED ACTIONS: Authorize the City Manager to execute an agreement with Pete Kolf for Interim Finance Director services. REPORT SUMMARY: With the departure of the Administrative Services Director, staff recommends hiring an Interim Finance Director on a contract basis until a new Administrative Services Director can be hired. The City Manager discussed this arrangement with Pete Kolf and he is available to provide these services to the City. Mr. Kolf started work on May 6, 2004, under sepazate agreement and at a cost within the City Manager's authorization. The attached agreement would cover service provided beyond May 19, 2004. FISCAL IMPACTS: Mr. Kolf s rate is $75/hour. He will work up to 40 hours per week. Salary savings from the vacant Administrative Service Director's position will be used to fund this contract. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without an Interim Finance Director, the City will have difficulty completing the 2004-OS Budget and performing other essential finance functions. ALTERNATIVE ACTIONS: None that are viable. FOLLOW UP ACTIONS: Execute and distribute the agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Pete Kolf s resume Independent Contractor Agreement for Pete Kolf PETER A. KOLF 2813 Warwick Lane, Modesto, CA 95350 (209) 526-2388 EXPERIENCE-INTERIM FINANCE DIRECTOR POSITIONS Sacramento Public Library Authority March 2003 -January 2004 City of Pittsburg Apri12002 -January 2003 City of Patterson November 2001 - Apri12002 Groveland Community Services District June 1999 -October 2001 City of Mendota September 2000 -May 2001 City of Vallejo September 1999 -October 1999 City of Patterson City of Jackson City of Atwater City of Patterson City of Riverbank City of Lathrop East Bay Municipal Utility District (EBMUD) City of Belmont December 1998 -March 1999 May 1998 -September 1999 February 1997 -February 1998 April 1996 -November 1996 June 1995 -March 1996 January 1995 -April 1995 February 1994 -November 1994 September 1993 -February 1994 PRIOR EXPERIENCE City of Modesto City of Modesto City of Modesto Contra Costa County City of Livermore Director of Finance Finance Division Manager Supervising Accountant Systems Accountant Accountant 1987 - 1993 1983 - 1987 1976 - 1983 EDUCATION Bachelor of Science with a Specialization in Accounting University of San Francisco, San Francisco, CA. REFERENCES: On Request CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and PETE KOLF, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on May 19, 2004, and extends through November 1, 2004 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified City of Saratoga/Standard Ca~tract Agreertknt Page 1 of 13 My Docurt~rncs/Contncta in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, famish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall famish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits refened to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by the City Manager ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES Al] notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Pete Kolf 2813 Warwick Lane Modesto, CA 95350 City of Sazatoga/Standard Contract Ageement Page 2 of 13 My Documents/Connacis Notices to City shall be sent to: City Manager Dave Anderson City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which aze not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Date: Print Name: Pete Kolf Position: Interim Finance Director CITY OF SARATOGA, a municipal corporation ]3y: Date: Name: Dave Anderson, City Manager APPROVED AS TO FORM: City of Saratoga/Standard Contract Agreement Page 3 of 13 My Documents/Contracts By: City Attorney Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements Date: City of Saa[oga/Standard Contract Agreement Page 4 of 13 My Documents/Contacts EXHIBIT A SCOPE OF WORK Services to be performed: Perform duties as needed to finalize 2004-OS Budget. Review monthly operations of Accounting Department, as needed, to insure all necessary reports and documents are prepared and submitted appropriately ^ Oversee year-end financial audit, working with outside auditors and senior accounting staff, to research audit questions and insure final documents are prepared according to audit standards. ^ Monitor department performance against operation and capital budgets. Report variances to appropriate personnel on a timely basis. ^ Enter the approved five-year capital budget in the accounting system and set-up fund accounting to enable automatic carry-forward of capital budgets. ^ Implement project accounting module in Financial System to track capital budgets ^ Attend meetings as requested. ^ Perform any other related duties as assigned by the City Manager My Documrnts/Contracts Agreement •S• EXHIBIT B PAYMENT 1. HOURLY COMPENSATION City shall pay Contractor $75 per hour for work to be performed pursuant to this Agreement, provided, however, that Contractor shall not perform more than 40 hours of work in any calendar week without prior approval from the Contract Administrator. In addition, the City shall reimburse Contractor for mileage necessary for completing the scope of work and provide $10 per day to cover food. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total amount of prior billings and the total due this period. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such _ invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES City shall reimburse Contractor for reasonable expenses incurred in the course of performing services for City including travel from the City Offices on City business and other normal and customary expenses consistent with the City's expense reimbursement policies. City of Saratnga/Standard Contract Agreement Page 6 of 13 My Documents/Contracts EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with city employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of CiTy. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City of Saratoga/Standard Contract Agreement Page 7 of 13 My Documents/Contracts EXHIBIT D GENEI2AT. PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of _ whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may Ciry of Saratoga/Standard Contract Agreement Page 8 of 13 My Documrnu/Connacts incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there aze no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after awazd, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 8. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has al] licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in -- effect at all times during the term of this Agreement any licenses, permits, and Agcement of 13 approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all - applicable roles and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a dmg-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal dmg statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 9. DOCUMENTS AND RECORDS a. Property of City. Al] reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. 10. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in frost and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. City of Saratoga/Standard Contract Agreement Page 10 of 13 My Documents/Contracts 12. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed bylaw. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 13. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notce in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 14. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shazed expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. Ciry of Saratoga/Standard Contract Agreement Page 11 of 13 My Documents/Con[nccs 15. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 16. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 17. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 18. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. _ 19. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. My Agreement of is EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Cont[actoI shall maintain during the term of this agreement insurance policies satisfying the following requirements: X Auto Liability Insurance with coverage as indicated: _ $1,000,000 combined single limit for bodily injury and property damage X $100.000 per person/$300,000 per accident for bodily injury X $ 50.000 per occurrence for property damage _ $500,000 combined single limit for bodily injury and property damage _ Garage keepers extra liability endorsement to extend coverage to al] vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these 4 specifications. Page 13 of 13 City otSaratoga/Standard Contract Agreement My Documents/Contnc[a SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: 2~ ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone CITY MANAGER: ~~~ - DEPT HEAD: SUBJECT: Highway 9 Safety Issues RECOMMENDED ACTION(S): Accept Report. REPORT SUMMARY: As reported to you at the May 5 City Council Meeting the Town of Los Gatos, the City of Monte Sereno, and the City of Sazatoga have been discussing the safety issues connected with Highway 9, which have been highlighted recently due to the unfortunate accidents involving pedestrians and bicyclists utilizing the Highway. The first meeting was held on Wednesday, Apri128, at the City of Monte Sereno. Representative Council members and staff from all three jurisdictions as well as a representative from Senator McPherson's Office attended. District 4 Duector Began Sartipi represented Caltrans. The group discussed the increased number of pedestrian injuries and fatalities along the Highway. The jurisdictions asked Caltrans to take both short-term and long-term actions to minimize further pedestrianPoicycle accidents. At the conclusion of the meeting Caltrans immediately started trimming trees and branches along the right-of--way to make it safer for pedestrian and bicycle users. The trimming and clean-up effort continues to date. The Sheriff and Police Departments will be conducting coordinated directed patrol in the coming weeks and months in conjunction with radar trailers at various points along the Highway warning motorists of excessive speed. The following day the City Managers met with their Public Works Directors and Law Enforcement representatives to review what had been done so faz and to plan the sequence of events on how to cazry out the direction that was generated the previous day. A couple of months ago Caltrans notified the City about upcoming maintenance work scheduled to begin in the month of June. In response the three jurisdictions independently began working on a list of changes to present to Caltrans mainly in the azea of stripping changes. Sazatoga had been working on Highway 9 safety issues prior to this and had the appropriate informafion available for a proposal to Caltrans, which was submitted last week (please see attached letter to Caltrans from the City's Traffic Engineer). Over the long term, Monte Sereno filed an application with VTA for apedestrian/bicycle project to create standazd bicycle and pedestrian facilities. This project was approved by the VTA Board and is consider a Tier 2 project, and will be funded in 2006. Monte Sereno has applied for an advance of funds for a traffic study to be conducted along the whole length of the corridor, which will occur in the next few months. Thursday afternoon a meeting was held with Caltrans and the Public Works staffs of the three jurisdictions to talk about the upcoming Caltrans maintenance project. Because the requests from each jurisdiction were geometric in nature, Caltrans determined that the maintenance project could not accommodate that type of work and would have to be completed under a sepazate contract. In light of this new information, athree-phase plan was discussed for improving safety. PhaseI perform trimming and clean-up along the highway (work almost complete) • Install safety signage (work will occur over the next two months) • Install radaz signs at key locations along the corridor (work will occur over the next few months) Expedite encroachment applications for spot safety improvements to be funded by each individual jurisdiction, such as enhanced crosswalks, etc. (a meeting is being schedule with Caltrans on Tuesday, May 18, to go over each area) Perform pothole repair and other maintenance work (work will occur over the next two months) Phase 2 Perform a Traffic Study along the whole corridor to create a consistent re-stripping plan to increase safety (work will be done by Monte Sereno over the next two months) Caltrans will perform stripping modifications based on the Traffic Study (work will occur over the next yeaz) Phase 3 • Perform the VTA pedestrian bicycle project (work scheduled to begin within two to three years) FISCAL IMPACTS: None at this time. 2 of 3 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): N/A. FOLLOW UP ACTION(S): Cooperation with the City of Monte Sereno, Town of Los Gatos, and Caltrans will continue to increase safety along Highway 9. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ~" ATTACHMENTS: 1. Letter to Caltrans. 3 of 3 FEHR & PEERS TPANSPORTATION CONSULTANTS May 10, 2004 Bijan Sartipi District 4 Director Department of Transporation 111 Grand Avenue P.O. Box 23600 Oakland, CA 94623-0600 Re: Saratoga-Los Gatos Road (State Route 9) Resurfacing Project and Requests ~~& Improvements Dear Mr. Sartipl: We understand that Caltrans will Lx3 resurfacing State Route (SR) 9 through the City of Saratoga, as well as the segments in the City of Monte Sereno and the Town of Los Gatos. This letter represents a formal request by the City of Saratoga that this project include installation. of signing, striping and other traffic control devices to enhance pedestrian, bicycle, and vehicle safety in this important corridor through all of these affected jurisdictions. Fehr & Peers serves as the City of Saratoga's on-call traffic engineer and has done so since January 2002. In addition, we prepared the General Plan Circulation and Scenic Highway Element update. As such, we are intimately familiar with the City's roadways system and the locations of potential safety enhancements for vehicular, bicycle, pedestrian and transit systems. Of particular concern is the SR 9 (Saratoga-Los Gatos Road) corridor extending from Saratoga Avenue to the southeastern city limits adjacent to the City of Monte Sereno and an unincorporated ~~area of Santa Clara County. The transition from a higher speed, four-lane roadway on the eastern section, to a two-lane section at Fruitvale Avenue, to the four-lane section of Saratoga-Sunnyvale Road north of Saratoga Avenue leads to excessive speeding on the two-lane section of SR 9. Drivers travel in excess of 40 miles per hour on the four-lane segments and do not always adjust their speed where visibility is more limited by horizontal and vertical curves, shoulders are narrower, and pedestrians and bicyclists are harder to see. It is the two-lane segment that includes several uncontrolled crosswalks, and numerous intersecting local streets with no traffic signals and no turn lanes or refuge areas to take advantage of infrequent gaps in traffic. The City is hopeful that several safety elements can be incorporated into the imminent re-surfacing project. These enhancements areas follows: Striping of 11-foot travel lanes to narrow the visual corridor for the driver Striping of slightly wider shoulders (through the travel lane narrowing) and equal width shoulders where there are existing disparities Installation of "Share the Road" signs to increase awareness of other roadway users (e.g., bicyclists) Enhanced (e.g., ladder) crosswalks at all unsignalized intersections on SR 9 (primary existing locations are Oak Street and Horseshoe Drive) Narrowing of the traveled way on SR 9 through curb extensions or striping at the Oak Street crosswalk (this is an interim improvement that will be part of the ultimate improvement) Striping of returns and installation of Botts dots on intersection comers (e.g., Horseshoe Drive) 255 N. Market Street, Suite 200 San Jose, CA 95110 (408) 278.1700 Fax (408) 278.1717 www.fehrandpeers.com Mr. Bijan Sartipi May 10, 2004 Page 2 FEHR & PEERS TAANf~ONlAT10N [ONf YITANiS Installation of a mirror at Aloha Avenue to increase sight distance for outbound drivers turning onto SR 9 (this request was submitted to Caltrans in an April 2, 2004 letter to John Thomas (Caltrans-District 4) Installation of radar speed signs at several locations in both directions to notify drivers of excessive speeds Several figures are attached to illustrate the location of the proposed devices. The provision of narrower lanes will help to slow travel speeds and to better accommodate bicyclists witMn the corridor. Although the modified shoulders will not be officially signed or striped as a bike lane, the additional width will better accommodate cyclists. SR 9 is an attractive cycling route because of its connectivity between destinations (e.g., Saratoga Village and downtown Los Gatos) and the lads of a parallel facility on either side of the roadway. We would like to replicate the success of the permanent radar signs near several schools in Santa Clara Valley and on southbound SR 17 south of the Summit in reducing travel speeds. All of the improvements described above can also be implemented in Monte Sereno and Los Gatos where appropriate. The intent is for these enhancements to increase driver awareness of the character change of the roadway through Saratoga and to heighten awareness of non-motorized through and across the entire corridor between SR 17 and Saratoga Avenue. Saratoga would like to avoid the tragic accidents that have occurred on SR 9 in the adjacent jurisdictions of Monte Sereno and Los Gatos, and the recommendeded items will help to reduce the potential for speeding and vehicle confUcts. The City desires to address this issue immediately as part of the re-surfacing project. We would be pleased to discuss any of these requested items with you or other Caltrans staff. Please contact me at (408) 278-1700 or John Cherbone, City Public Works Director, at (408) 868-1241 at your earliest convenience. Your prompt response is appreciated. Sincerety, FEHR & PEERS D. Sohreb Rashid, P.E. Regional Manager/Senior Associate Serving as Saretoga City Traffic Engineer cc: John Cherbone (City of Saratoga) Attachments z Q C~ s ~ OIL N Y ~ C N Q Z W ~ yy N L 4 ~ ~ W~ @° p~p lqg 1L Z a W 2 Z ~ ~m ~ ~ 1° `m m .s .~` 6 `~ {y.. W ~ ~ p$ m tt~Ss g ~ ~ ` E Q ~~ 4 W z3 v' y w 3 w A ~ '~ ~ ~~~~ ~ '~ ~ ~~~~~ a ~~ _~ ~\ ~~ ~ • ~ .,'\,, ~ ~ -~., ~E, ,. ~ t \ ~ I~ nuuun i ~ ~ e ,~y,sHVo p~ -- ~ ~~ gg i i 9 4 I ' ~~~ Q /.' ~~~~ ~~~~ IW I I ~z ~~ w az oQ ~_ a, Z ~W ~~ Z O Zo av ~~ a~ ww Up Z w U a U ~" ~~ ~~ SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: ORIGINATING DEPT: PREPARED BY: Community Developmen?tCITY MANAGER: ~~G~--G--~ Thomas Sullivan, AIE~~~/ ) LEPT HEAD: SUBJECT: A Zoning Ordinance Text Amendment that regulates the placement of standby or emergency generators and the placement of heating, ventilation and air conditioning equipment. Generally, the amendment would disallow the placement within any required setback azea. RECOMMENDED ACTION: The Planning Commission and Staff recommend the Ciry Council conduct the Public Heazing and grant first reading to the proposed ordinance amendments. Staff also recommends that the City Council direct Staff to place this item on the Consent Calendar for the June 2, 2004 Agenda for Second Reading and Adoption. CALIFORNIA ENVIRONMENTAL QUALITY ACT: Staff has determined that the proposed Ordinance Amendments are Categorically Exempt as they are a Minor Alteration in Land Use Limitations, as found in Section 15305 of Article 19 Categorical Exemptions. REPORT SUMMARY: Both the City Council and Planning Commission have given du•ection to Staff to prepare a Zoning Ordinance Text Amendment that addresses the placement of standby or emergency generators. Staff is also requesting that the placement of heating, ventilation and air conditioning equipment be dealt with at the same time. A Use Permit will be required for the installation of generators. For both pieces of equipment the placement in required setbacks is prohibited by the proposed ordinance. The following bold italic text is the proposed addition to the Zoning Ordinance. Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.030 Special rules for accessory uses and structures in residential districts. (k) Emergency or Stand-by Generators. No emergency or stand-by generator shall be allowed in any required front, side or rear yard. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning Noise. Outside a required front, side, or rear yard, an emergency or stand-by generator may be permitted upon the granting of a Conditional Use Permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacture documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified Acoustical Consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article ~ 30 concerning Noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of non-conforming generators may be required as a condition of approval for any design review application involving expansion or reconstruction of more than SOpercent of the main dwelling. (1) Heating, Ventilation and Air Conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed in any required front, side or rear yard. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning Noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of non-conforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than SO percent of the main dwelling. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The placement of Standby or Emergency Generators and HVAC equipment will not be regulated resulting in future complaints from neighbors. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Place the matter on the June 2, 2004 agenda for adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Advertised in the San Jose Mercury News on Saturday, May 8, 2004 and posted in the Ciry's kiosk. ATTACHMENTS: 1. Draft Ordinance 2of2 ORDINANCE AN ORDINANCE AMENDING ARTICLE 15-80 MISCELLANEOUS REGULATIONS RELATING TO EMERGENCY OR STANDBY GENERATORS AND HEATING, VENTALATION AND AIR CONDITIONING EQUIPMENT THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as following: The proposed Ordinance amendment regulating the location and noise emission of Emergency or Stand-by Generators and Heating, Ventilation and Air Conditioning equipment (HVAC) is in accord with the objectives of the Ciry of Saratoga General Plan wherein it is stated that the Noise Flement of the General Plan states, "The Noise Element is intended to be used by the community in thegoal of preserving the quiet residential environment of Saratoga by conditioning noise to levels that are compatible with existing and future land uses, and by preventing increases in noise levels where noise sensitive land uses are located." The proposed Ordinance amendment regulating the location and noise emission of Emergency or Stand-by Generators and Heating, Ventilation and Air Conditioning equipment (HVAC) is in accord with the objectives of the Ciry of Saratoga Noise Ordinance in that in 7-30.010 (Purposes of Article) declares the following "This Article is adopted for the following purposes: (a) To protect the citizens of the City from excessive, unnecessary, and unreasonable noises from any and all sources in the community subject to regulation and control by the Ciry; (b) To maintain and preserve the quiet residential atmosphere of the City; (c) To implement thegoals andpolicies contained in the Noise Element of the City's General Plan; (d) To establish noise standards forvarious land uses and activities within the City; (e) Toprohibit noise which disturbs the peace and quiet of a neighborhood or causes discomfort or annoyance topersons of normal sensitivities." Section 2. Adoption. That Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS of the Sazatoga City Code sections aze amended to read: Article 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS 15-80.030 Special rules for accessory uses and structures in residential districts. The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district: (a) Stables and corrals. No stable or corral, whether private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent. (b) Swimming pools. No swimming pool or accessory mechanical equipment shall be located in a required front, side or rear yazd, except as follows: (1) A swimming pool and accessory mechanical equipment maybe located within a required rear yard, but no closer than six feet from any property line. Any portion of such swimming pool that is located outside of the rear yazd shall comply with the side yard requirements for the site. (2) If the required minimum side yard is more than ten feet, accessory mechanical equipment may be located within such side yard, but no closer than ten feet from the side yazd property line. (c) Recreational courts. Recreational courts shall comply with all of the following restrictions, standards and requirements: (1) The recreational court shall not exceed seven thousand two hundred square feet in area. (2) The recreational court shall not be illuminated by exterior lighting. (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front yard or any required side yazd. Such courts maybe located within a required rear yard, but no closer than fifteen feet from any property line. (6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the Planning Director, so as to create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Planning Director, shall be furnished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan. (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails andrights-of-way on or in the vicinity of the site. (d) Enclosed accessory structures. No enclosed accessory structures shall be located in any required yard of any lot, except as follows: (1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures maybe located no closer than six feet from the rear property line and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the reaz property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear yazd. (2) Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in gross floor area, may be located no closer than six feet from the rear property line and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear yard. This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unenclosed gazden structures. Subject to approval by the Community Development Dtrector, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains maybe located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and reaz property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within a required side or rear yard. (f) Solar panels. Subject to approval by the Planning Director, solar panels not exceeding six feet in height may be located within any portion of a rear yard. (g) Bazbeques. Permanent barbeques, such as those constructed out of back or masonry, maybe located no closer than six feet from the rear property line and shall not exceed four feet in height. (h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section, accessory structures not exceeding fourteen feet in height may be located in a required rear yazd in any R-M district, provided that not more than fifteen percent of the rear yard azea shall be covered by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the reaz property line than the required side yard on the abutting lot and not closer to the exterior side property line than the required front yard of the abutting lot. (i) Referral to Planning Commission. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections (d)(2), (e) and (f) of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. (j) Modification of standazds. The Planning Commission shall have authority to modify any of the regulations set forth in subsection (d), (e), (f) or (g) of this Section pertaining to the size, height or required setback of an accessory structure in a side or reaz yazd, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. (Amended by Ord. 71.86,1990; Ord. 71.98 413(a),1991; Ord. 71.113 (part), 1992; Ord. 71-183 41,1998) (k) Emergency or Stand-by Generators. No emergency or stand-by generator shall be allowed in any required front, side or rear yard. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning Noise. Outside a required front, side, or rear yard, an emergency or stand-by generator maybe permitted upon the granting of a Conditional Use Permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacture documenting the noise generation characteristics of the generator. A noise assessment study shall be prepazed by a qualified Acoustical Consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7-30 concerning Noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of non-conforming generators may be required as a condition of approval for any design review application involving expansion or reconstruction of more than 50 percent of the main dwelling. (l) Heating, Ventilation and Air Conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed in any required front, side or rear yard. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning Noise.. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of non-conforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than 50 percent _ of the main dwelling. Section 3. Severance Clause. The City Council dedazes that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- secrion,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 declazes 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 Sazatoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regulaz meeting of the City Council of the City of Sazatoga held on the , 2004, and was adopted by the following vote following a second reading on the , 2004: AYES: NOES: ABSENT: ABSTAIN: ANN WALTONSMITH, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK SARATOGA CITY COUNCIL MEETING DATE: May 19 2004 AGENDA ITEM: ORIGINATING DEPT.: City Manager's Office CITY MANAGER: ~'~~ PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT. HEAD:, SUBJECT: Contract Authorization for Redevelopment Feasibility Study RECOMMENDED ACTION: Move to authorize City Manager to execute contract for professional services with Rosenow Spevack Group (RSG) for Redevelopment Feasibility Study not to exceed $26,000. REPORT SUMMARY: At the March 3, 2004, Council meeting, Council authorized staff to explore the feasibility of establishing a Redevelopment Agency in Saratoga. Monies were appropriated out of the Capital Improvement Program (CIP) for future activites related to hiring a Redevelopment Consultant. Council authorized staff to send out Requests for Proposals (RFPs) for a Redevelopment Feasibility Study. Staff sent out twelve requests for proposals to firms throughout California, and received responses from two firms out of Southern California -Rosenow Spevack Group and Urban Futures, Inc. The Village Ad Hoc committee along with the Community Development Director and a member of his staff interviewed the two potential consultants. Staff made reference checks for the following: Urban Futures, Inc. • City of Lafayette • City of Grover Beach • City of Costa Mesa Rosenow Spevack Group (RSG) • City of Dublin • City of Stockton South Carlsbad Costal Redevelopment Project Staff is recommending Rosenow Spevack Group (RSG) for the Redevelopment Feasibility study based on their proposed scope of work, interviewers, overall projects costs, and reference checks. FISCAL IMPACTS: Funding for redevelopment activities is now available in the Economic Development Program. ADVERTISING, NOTICING, AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: 1. Postpone the Redevelopment Feasibility Study ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): 1. City Manager would authorize contract for the Redevelopment Feasibility Study. ATTACHMENTS: 1. Rosenow Spevack Group Redevelopment Proposal. i .. .~ xxx,.,,l~, I ROSE'Np W SPE VACEK GROUP 1 NC "-- PFAI ESTATE EfONOMICS GOVERNMENT SERVICES i17 NONTN MAIN ST9FET TEL: ]14 541-4585 Ec OrvO"If "EV EEO R"ENr _. REOEVEEORNENr REAM nINc I SURE 300 FAX: 7148361]48 xOUSNc SANTA ANA, CALIFON NIA EMAIL: INFO®WEBPSG.[OM REAP EsurE Awulsrtlon 92]01-4822 WW W.W E69SG.COM nnANCINc March 26, 2004 Via Overnight Mail Ms. Danielle Surdin RECEIVE Economic Development Coordinator CITY OF SARATOGA MAR 2 9 2004 13777 Fruitvale Avenue Saratoga, California 95070 CITY OF OG PROPOSAL FOR REDEVELOPMENT FEASIBILITY STUDY I Dear Ms. Surdin: Rosenow Spevacek Group, Inc. ("RSG") welcomes the opportunity to submit our Proposal for I Redevelopment Feasibility Study Services to the City of Saratoga ("City") in response to the Request for Proposals ("REP") dated March 4, 2004. The RFP indicates the City is seeking a qualified redevelopment consultant to prepare and conduct a redevelopment feasibility study, in addition to a community outreach plan to educate residents about redevelopment and gather input. I Our Proposal includes all information requested in the REP. The RSG consultant team is qualified to I undertake all aspects of the redevelopment program as identified in the RFP and as evidenced by the Company's experience in adopting or amending over 100 redevelopment project areas. RSG's permanent staff consists of over 20 professionals and additional administrative and support staff. In the past five years, our staffing level has seen a modest increase in response to client needs. I RSG can meet the insurance requirements rnentioned in the sample contract. I Any additional information you wish can be supplied upon request. Should you have any questions, please do not hesitate to contact me. Sincerely, ROSENOW SPEVACEK GROUP, INC. I __..~ ~~`_ James C. Simon Principal Enclosures Saratoga Feasibility Study QUALIFICATIONS Who do you ruant to help build your community? A firm that is founded on seasoned professional staff with broad public and private experience. One that creates customized solutions, springing from understanding your unique set of challenges. And one that can surface unresolved issues and implement solutions, before it's too late. You need a company that will dedicate a principal to your project, and keep the same personnel throughout all stages of an assignment. Their staff is passionate about what they do. Realistically, they must be able to set timetables and budgets-- and stick to them--and to operate in the 21st century, with integration of computer applications into every project. Enter Rosenow Spevacek Group, Inc. These qualities define RSG, and they are the reason we have long-term relationships with our clients, who repeatedly trust us with additional assignments--many of whom we have served for over 15 years. RSG: Helping you realize your vision. Saratoga Feasibility Study ' In 1979, RSG started providing redevelopment consulting Feasibility Studies services to a few clients. Over 24 years and over 100 I . Revenue Prtjectimcs redevelopment plans later, redevelopment is still one of our core Plan Adtrtitimcs, Amendments e'r services. We like it, and we're good at the nuts and bolts of it: Mergers plan adoption and implementation, financing, development I Project Area Committee d~ planning, developer solicitation and selection, real and personal Community Outreach property acquisition, and rehabilitation program administration. I /mfilementation dr Nousiug Plans We apply our real estate economic expertise in most of our assignments. We understand the diverse interests involved in I redevelopment planning, from city officials to citizens, developers, consultants, technical experts, lawyers, architects, I NThelndustrialArea engineers, investment bankers, real estate appraisers and Redeye%pment Plan Amendment transportation agencies. We have earned a reputation for was a success because RSG;s a balancing these diverse interests to move a project forward on a /sands-on, ro/%up-the-sleeves, timely basis to its optimum conclusion. get-the project-done'Iirm. The;r ah;lity to provide tum-fey redevelopmentplannngservices Our approach to redevelopment planning is to provide I is valuable for agencies with customized services for each client. For example, in one city we lim;tedstaf{resources, such as worked as a facilitator between the agency and 3 project area the City oFFountain Malley" committees to discuss the implications of a proposed merger and I llndmwPerea, Plannng D;rector, GtyofFountam increase communication and trust. For another city, we Malley consulted on an awazd-winning redevelopment plan adoption and I received unanimous community support, just a few years afrer a prior proposal failed amid citizen protest. For a joint powers I redevelopment authority, we completed a redevelopment plan under the military base closure act-covering 15,000 acres, 22,000 parcels and 4jurisdictions-within aseven-month time I frame. Other cities have limited staff, and RSG project team members are available to act as an extension of staff-preparing I staff reports, talking to property owners, meeting with department heads, and transmitting notices. Saratoga Feasibility Study Feasibility Studies Redevelopment project area formation is an expensive and time- consuming process. Before initiating a plan adoption, amendment, or merger, we recommend our clients conduct a preliminary analysis of the financial, legal and political implications. Revenue Projections RSG prepares tax increment revenue projections that delineate anticipated housing set aside deposits, taxing agency payments, administrative costs, nonhousing project funds, and bonding capacity. Plan Adoptions, Amendments, f~Merger; RSG brings over two decades of experience adopting, amending, and merging redevelopment plans to implement community development, housing rehabilitation, commercial revitalization, hazardous material remediation, and other programmatic goals. Project Area Committee f~ C'ommunity Outreach Stakeholder support for redevelopment is more essential now than ever before. RSG can coordinate, participate, or lead community workshops with residents, property owners, and businesses. Implementation f~HousingPlans RSG prepares a wide variety of planning documents required by Redevelopment Law, including five year implementation plans, replacement housing plans, housing compliance plans, annual reports, and relocation plans. Saratoga Feasibility Study RECENT FeasiJiility Study - DuliJin The City of Dublin retained RSG to conduct an extensive study PROJECT of the feasibility of using. redevelopment to facilitate the City's economic development goals in West Dublin. For this EXPERIENCE assignment, RSG conducted a field survey of the 273-acre study area, interviewed numerous city officials, property owners and residents, and documented blighting conditions. The February 2000 feasibility study weighed the needs for redevelopment against project implementation costs, and concluded that the redevelopment of the study area was not legally or fiscally feasible. Coxtact: Christopher Foss Economic Development Director 100 Civic Plaza Dublin, CA 94568 925.833.6650 RSG Sta(f: Felise Acosta, James Simon ~ South L'ar~sjiad tr'oastajPedevejopment Project - ~'arjsfiar~ I __ The Carlsbad Housing and Redevelopment Commission retained RSG to prepare a redevelopment plan to eliminate or reduce the environmental impacts of the 46-year old Encina power plant and to achieve more compatible land uses along its coastline. The inefficient plant is one of two essential facilities generating I power to the growing San Diego County. The Redevelopment Plan, which was adopted in July 2000, facilitates a unique public-private partnership to reconstruct the facility into a more efficient, smaller plant. RSG's role began in early 1999, when I we prepared a feasibility study for the Project. The Commission then retained RSG to provide redevelopment consulting services, including preparation of all redevelopment documents, map and I legal description, coordination of the overall redevelopment process, and participation in public meetings. Cnulact: Deborah Fountain Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 760.434.2815 RSG Sta`f.' Frank Spevacek, James Simon Saratoga Feasibility Study Pfan Ari~enclment - Ho~ister Six years following a referendum rejecting a proposed amendment to the Community Development Plan, the Hollister Redevelopment Agency initiated a new amendment effort with RSG in August 2000. The approach to the proposed Second Amendment is dramatically different, wherein the Agency is starting with the formulation of a Project Area Committee before any redevelopment or environmental documents are prepared. This allowed the community to provide direct input on the Amendment's scope and proposed projects. RSG provided redevelopment and environmental consulting services to the Agency for the amendment, including preparation of a unique "plain-English" newsletter to promote the creation of the PAC, and the recent successes of redevelopment in the City. Contact: Billy Avera Redevelopment Program Manager 375 Fifth Street Hollister, California 95023 831.626.4387 RSC Staff Felise Acosta, James Simon .Southeast C'oasta~I2edevejopment Project Huntington Beach RSG assisted the Redevelopment Agency of the City of Huntington Beach adopt a 170-acre redevelopment project azea in the southeastern portion of the City. Our work entailed preparation of a redevelopment plan that incorporates the goals and program proposals that arise out of the ongoing community planning process. RSG also prepared a redevelopment feasibility study on this area in mid ]999, and previously assisted the Agency with the 1996 amendment/merger of five redevelopment project areas. Cwatact: David Biggs Director of Economic Development 2000 Main Street Huntington Beach, CA 92648 714.536.5582 RSG Sta`f• Frank Spevacek, James Simon Saratoga Feasibility Study Redevelopment Pan Adoptions - ,Stoc.~zton Since 200], the City of Stockton Redevelopment Agency has retained the services of RSG to adopt, amend, and merge several redevelopment project areas encompassing approximately 20,000 acres or 40% of the City. RSG concurrently organized the redevelopment process for each project area, conducting parcel- by-parcel surveys, preparing all redevelopment documents, and participating in public and Project Area Committee meetings. Cnstact: Yvonne Quiring Deputy Director 425 N. El Dorado Street Stockton, CA 95202 209.937.8996 RSG Staff Frank Spevacek, James Simon Redevelopment Pan Adoption/Amendments - acramento For the past several years, the Sacramento Housing and Redevelopment Agency has retained RSG to assist with several redevelopment planning initiatives, including redevelopment feasibility studies for Army Depot, Fulton Avenue, Arden Fair, and 65th Street, the Northgate Redevelopment Plan adoption, the 65th Street Redevelopment Plan adoption, and the Sacramento Army Depot plan amendment. RSG was also selected by SHRA as the consultant for the Fulton Avenue Redevelopment Plan adoption, since abandoned by the County. RSG conducted a parcel-by-parcel survey of the project areas, prepared all redevelopment documents, participated in public meetings, and coordinated the adoption schedule. Cnrrtact: Vickie Smith Senior Redevelopment Planner 6301 Street Sacramento, CA 95814 9 ] 6.440.1399 x 1417 RSG Staff Frank Spevacek, James Simon Saratoga Feasibility Study NJO~~'Pl~/' The City of Saratoga is considering forming a Redevelopment Agency for the purposes of implementing an economic development and revitalization program in up to three commercial districts of the City. At the outset, RSG notes that creation of a redevelopment agency and project areas in a community with the upper-end demographics of Saratoga could face extraordinary political challenges. Indeed, several communities with similar demographics have successfully adopted redevelopment project areas, but many of these (e.g. Coronado and Mission Viejo) were established prior to the enactment of stricter laws in 1994. The fact that the City of Diamond Bar was considered to be a higher-end community worked to its disadvantage when the Court overturned the adoption of the Plan a few years ago. Taxing agencies, fearing the loss of property tax revenue to redevelopment, tend to look closer at project areas in affluent communities, and even local residents and property owners are not easily convinced that there are parts of their community that are such a physical and economic burden that redevelopment is necessary and legitimate. Consequently, if the City is to proceed with redevelopment, the utmost understanding of any of these legal or political hurdles is essential. Indeed, RSG believes that our background in working in communities where economic development goals often drive the need to create redevelopment project areas is a key asset for Saratoga. We are known by our clients as a consultant that works closely with staff, listens to their objectives, and seeks to achieve their end goals by applying our 25 years of experience in redevelopment plan adoptions. We have told clients that redevelopment is feasible (Sacramento), and others that redevelopment is not (Dublin). Below, RSG has outlined a scope of work and schedule for feasibility consulting services for the City. Saratoga Feasibility Study • Funds available for housing and nonhousing projects would be identified. In addition, with staff s assistance, RSG will identify potential expenditures on redevelopment implementation activities envisioned. • RSG will then prepare a report that summarizes our findings and conclusions, presents a map of the recommended boundaries of the redevelopment project area(s), and identifies critical issues facing revitalization of the area. Following staff input on an administrative draft of this document, RSG will finalize the report, prepare a PowerPoint presentation and staff report, and be prepared to participate in the discussion with the City Council. • At the direction of staff (usually afrer it has been determined whether redevelopment is a viable option) RSG would conduct up to three public. workshops (one in each community where redevelopment is an option) to discuss the purpose for redevelopment, the implications of the program, and seek input on projects and the proposal in general. This input would be essential if the City were to pursue adoption of a redevelopment plan for any of the areas, particularly if eminent domain authority is being considered for residential uses. Schedule RSG anticipates that this assignment could be completed in approximately 120 days from authorization, including presentation to the public and City Council. Amore exact schedule could be prepared and presented to staff at the conclusion of the scoping meeting. Saratoga Feasibility Study Scope of ~oriz The specific components of our Scope of Work are itemized below. The analysis would entail field work, cursory studies on study area real estate economics, interviews with staff and stakeholders (as appropriate), and preparation and presentation of a final report to staff and the City Council. The details of our consulting services proposal are presented below: • RSG staff would meet with staff to review issues and the general boundaries of the study areas. RSG will develop and work with staff to respond to a list of data needs, including information pertinent to the demonstration of blight and a summary of and site-specific development proposals within the study areas. • Next, RSG would analyze data procured from the City and other sources (including demographic and economic data providers) and conduct aparcel-level windshield survey of the study areas to document land use, building conditions, and inventory undeveloped and -- underdeveloped properties. • Redevelopment opportunity sites would be identified based on proximity to undeveloped and underdeveloped properties and other pertinent factors. RSG would work with City Community Development Department staff to identify potential for reuse of these properties. • RSG will interview City officials, real estate experts active in the area, and other resources to develop a qualitative profile of study areas redevelopment opportunities and constraints. • RSG will prepare a forecast of potential tax increment revenues that could be available to implement redevelopment of the study areas that are legally viable for inclusion in redevelopment project area(s) in the future. Saratoga Feasibility Study Over the course of 24 years, RSG has provided redevelopment KEYPERSONNEL plan adoption consultant services on over one hundred (100) separate projects throughout California and Nevada. Our success rate has been a direct result of RSG's commitment to assuring that every detail of the engagement is managed efficiently and thoroughly. For this assignment, the following team is proposed. James CSimon - Prineinal/Proiect Manager Mr. Simon will be the Project Manager for this engagement. In this capacity, he will be responsible for document preparation and financial projections. Mr. Simon's recent plan adoption and amendment experience includes the Cities of Hollister, Hercules, Stockton, Huntington Beach, and Chula Vista. Cli !Jones Sweta Bhattacharya Arelene Ro[dan -Analysts Mr. Jones and Ms. Bhattacharya and Roldan will be available to provide data gathering and analysis for this project. They have previously provided research, document preparation and schedule monitoring for other redevelopment plan adoptions, including Stockton, Chula Vista, and Sacramento. Resumes of assigned personnel follow. Saratoga Feasibility Study James Simon Rosenow Spevacelz Grovp - Principa~ In his 14 years of consulting experience, Mr. Simon has advised clients in California and Nevada on community development projects. Responsible for many of RSG's redevelopment plan Education adoption and implementation services, and specializes in real Bachelor of Arts estate market analysis, economic impact analysis, and strategic Business Administration - planning. Develops financial management cash flow models for Entrepreneurial Management operational and capital improvement strategic planning and Concentration budgeting. California State University, Fullerton Recent assignments include developing aten-year revenue and expenditure forecast for the City of Santa Monica Redevelopment Agency based on local and regional economic Memberships forecasts, creation of an Economic Development Initiative for the Former Planning Commissioner Westside community in the City of San Buenaventura; and City of Laguna Niguel developing a six-year cash flow model of fund balances, revenues and expenditures for the Covina Redevelopment Former Environmental Review Board Agency. Mr. Simon has been a moderator at redevelopment Member City of Laguna Niguel symposiums, and has testified as an expert witness on a condemnation case. California Redevelopment Association Public agency clients include the Cities of Chula Vista, Covina, California Association for Local FoLntain Valley, Grand Terrace, Hollister, Huntington Beach, La Economic Development Quinta, National City, Oroville, Palm Springs, Sacramento, San Buenaventura, Santa Monica, Sparks (Nevada), and Stockton. Among his private sector clients are the Bahan Family Trust, Homeplace Retirement Communities of America, Intrawest Mammoth Corporation, and the Mills Corporation. Saratoga Feasibility Study Cliff Jones Education Masters Urban & Regional Planning University of California, Irvine Bachelor of Arts Economics University of California, Irvine Minor I Political Science University of California, Irvine ~~ ]2osenow.Spevacejz Group -Ana~ysf Primary responsibilities include the collection and analysis of project data information, the formulation of revenue projections, market research, field surveys, economic feasibility research, and database preparation and maintenance. Responsibilities also include report and spreadsheet organization as well as document preparation. City oflaguna Nigue~-Planning Aide (Community Development Departmentf Primary responsibilities included preparation of staff reports, responding to public inquiry, analyzing plans, and maintenance of a variety of land use data and statistics. Responsibilities also included research, collection, and compilation of data pertinent to the Community Development Department's office. Saratoga Feasibility Study Sweta Bhattacharya Education Masters Planning University of Southern California Bachelor of Arts Architecture Jadavpur University, Calcutta, India Rosenow Spevace~z Ci'mup - Ana~yst Primary responsibilities include assisting in redevelopment plan adoption and amendments, financial analysis, revenue projections, and annual reporting requirements. Specializes in geographic information system management, demographic and market studies. Prior assignments include data collection, analysis, and document preparation for various planning projects for El Monte, Montclair, Stockton, Piru (Ventura County), Chula Vista, Sacramento, Sparks (Nevada), Covina, and Grand Terrace. I Saratoga Feasibility Study Arelene Roldan Education Masters Public Administration Califomia State University Long Beach Bachelor of Science Criminal Justice California State University Long Beach Rosenow.Spevace~z C'iroup -Analyst Primary responsibilities include the collection and evaluation of project related data, formulation of public revenue projections, and field surveys. Responsibilities also include report writing and document preparation. Prior assignments include data collection, analysis, and document preparation far various planning projects for Palm Springs, County of San Bernardino, Fountain Valley, and EI Cajon. C'ityo~YorJia Linda -Administrative Intern Conducted various research studies and surveys for City Manager's office. Drafred administrative reports on findings and presented findings to management. Administered affordable housing program for Redevelopment Agency. Saratoga Feasibility Study FEE RSG will charge for the services outlined in the Workplan section of this proposal for a fee not to exceed $24,700, to be billed on a time and materials basis. Additional services outside the Workplan would be subject to written authorization of a supplemental proposal. Our billing rates are presented below: Principal $160 Senior Associate $130 Senior Analyst $ 90 Analyst $ 80 It is RSG's policy to not charge clients for mileage, parking, telephone/fax expense, postage and incidental copies. We do, however, charge for additional insured certificates, messenger services, Express Mail/Federal Express costs, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged at actual expense plus a ]0% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date, hours expended and the hourly rate. SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist AGENDA ITEM: CITY MANAGER: ~~~~- ~, DEPT HEAD: SUBJECT: Presentation by City of Campbell staff requesting $25,000 contribution towards Regional Dog Park and presentation by City of Saratoga staff considering loan of portable skate park equipment to City Of Campbell Parks Department. RECOMMENDED ACTION(S): 1) Consider City of Campbell request fora $25,000 donation towards a Regional Dog Park located within Los Gatos Creek County Park. 2) Consider loaning City of Saratoga Portable Skate Park Equipment to the City of Campbell Parks Department. REPORT SUMMARY: Introduction This is a two part staff report dealing with two separate but related issues. Addressing the first issue, City of Saratoga staff will introduce staff from the City of Campbell, who will give a brief power point presentation and provide background information regarding development of a Regional Dog Pazk located within Los Gatos Creek County Park. Campbell staff is requesting City Council consider contributing $25,000 towards development of this park. The second part of this staff report addresses a request by the City of Campbell that City Council consider loaning City owned portable skate park equipment to the City of Campbell Parks Department for use in their permanent skatepark. Body Dog_Pazk: The issue of placing a Dog Park in Saratoga has been introduced and discussed at the Parks and Recreation Commission meetings for the past several years without resolution. Results from the 2002 City of Saratoga Community Survey ranked Dog Parks at number 7 of desirable amenities to have in our City owned parks. No feasible sites within Saratoga have been identified for several reasons, among them space constraints at our existing parks, budget constraints, neighborhood issues, and other factors. Due to the nature of dog parks, which tend to be noisy and create additional neighborhood traffic, neighborhood issues and mitigation of these issues can be a major obstacle to the development of Dog Parks within the undeveloped areas in our' City Parks. At their Mazch 2004 meeting, the City of Caznpbell gave a power point presentation to the Parks and Recreation Commission explaining the proposed Regional Dog Park at Los Gatos Creek County Park. In attendance was staff from Campbell and from the County Parks Department. Listed below is a fact summary of the proposed dog park: • Inclusion of Regional Dog Park development in Los Gatos Creek County Parks Master Plan adopted by County Boazd of Supervisors during 2002. • County Board of Supervisors and Campbell City Council signed an agreement allowing the City to build a dog pazk on a one-acre site north of the casing ponds at Los Gatos Creek County Pazk. • City of Campbell has $250,000 in C.I.P funding approved for developing this park at a very basic level. Projected funding range for pazk completion is $250,000-$350,000, which is contingent upon level and number of pazk amenities included. • Contributions from neighboring Cities will enable additional amenities to be installed at the pazk, greatly improving the overall experience of park users. • County of Santa Claza will own, operate and maintain the park, which will be completely surrounded by a four to six foot tall fence and shall contain the following amenities if funding is received from neighboring cities: additional benches, water fountains, pooper scoopers, turf improvements, garbage receptacles, separate big and little dog aeeas and other amenities as indicated in the power point documentation (attachment A) • Supported by the City of Sazatoga Parks and Recreation Commission at their May 3, 2004 meeting. • $25,000 donation request will be presented to Town of Los Gatos at their City Council meeting on Monday, May 17, 2004. • City of Sazatoga recognition for donation via City name on a permanent plaque with other project donors. • Tentative project completion date of Summer 2005. Loan of Portable Skate Park Equipment: The City of Campbell has a permanent, operating skate park facility with equipment provided by Ball Hitch Ramps. This same company was used by the City of Saratoga when we purchased Portable Skatepark Equipment from them back in 2002. A need has been identified by the City of Campbell Community Center Staff in reference to their existing Skatepark and equipment requirements. Several large pieces of equipment presently exist in their skatepazk, but smaller pieces of equipment, which help to balance out park usage, do not presently exist. The portable equipment owned by the City of Sazatoga is a perfect match to meet Campbell's equipment needs and improve the quality of their skatepazk. The City will benefit from this via joint programming efforts, run separately by each City, but promoting the usage of the facility for each community. Since Saratoga does not have a skatepazk within City limits, this is an appropriate usage of the portable equipment owned by the City, which is presently not seeing any usage. The equipment would be on loan only, with the _ City of Campbell being fully liable for its usage, safekeeping and repair. It is likely some type of usage agreement will need to be entered into with Campbell if the equipment is loaned to them. FISCAL IMPACTS: Budget allocation of $25,000 for Regional Dog Park Contribution. At this time, staff has not identified the source of funds for the City's contribution to this project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City of Saratoga will not contribute $25,000 to the Regional Dog Park. The City of Saratoga will not loan the Portable Skatepark Equipment to the City of Campbell. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): 1) City will forward $25,000 in funding to City of Campbell towazd Regional Dog Park project. 2) City of Saratoga will draft and enter into a use agreement with the City of Campbell for use of the City's Portable Skatepazk Equipment. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Attachment A-City of Campbell Power Point Presentation Documentation a ~ ^ v 1 TT ~ , V, p ~ ~ ~ D ~ ~ ~ ' A N V a l ! O ~ / O ~ ~\ \V ~ J ~ ~ ` I y .. / T ~^ v! ~ , ^^ , ~ Vs ^^ Y Q "i" ~ Y •~ Y ~ ~ T ~f-} ~'. :_ «a, Y +. t4 ~-+. . xr r, „y ~_ t` ^.~ ~ + ~•~~- ,. 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S .~ .~ ' . ~ 1 '~ i r `'~ •~ ~.. ~~ '* ~'~~~ S Q 0 C o~ ~~ m~ ~~ ~ S O ~ f ~ -+ S ~' O f ~ O S ~ O C O ~ S t~ ~ Q "O S SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 ORIGINATING DEPT: Public Work, PREPARED BY: Cary Bloomquislty AGENDAITEM:~ CITY MANAGER: ~~l-G-~~~ DEPT HEAD: SUBJECT: Grant Writer Utilization and Guidance Policy and Grant Writer Procedures RECOMMENDED ACTION (S): Adopt Grant Writer Utilization and Guidance Policy and Grant Writer Procedures REPORT SUMMARY: At their April 7, 2004 meeting, City Council selected Randall Funding and Development (RF&D) to provide grant writing and research services for the City. In an effort to efficiently utilize their services and attain the greatest benefit to the City, Council directed staff to bring back to them a Grant Writer Utilization and Guidance Policy and a set of procedures. The policy and procedures defines and identifies organizations eligible to utilize the services of RF&D and provides direction to City staff regarding how to most effectively utilize their services. The policy lists organizations eligible to utilize the services of RF&D as identified during a meeting with the Mayor and staff on April 12, 2004. Also covered in the policy are the processes for utilization of 12F&D and payment of the 3% incentive fee (attachment A). The procedure for the utilization of the contracted grant writer is reflected in attachment B. FISCAL IMPACTS: 3% incentive fee paid directly to RF&D as stated in the Grant Writer Utilization Policy. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): Grant Writer Utilization Policy and Procudure will not be adopted. ALTERNATIVE ACTION (S): None. FOLLOW UP ACTION (S): If approved, policy will be forwazded to RF&D. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A-City of Sazatoga Grant Writer Utilization and Guidance Policy Attachment B-Procedure for utilization of the contracted grant writer 2 of 2 ATTACHMENT A CITY OF SARATOGA GRANT WRITER UTILIZATION AND GUIDANCE POLICY INTRODUCTION: The purpose of this policy is to inform all City Departments, School Districts serving Saratoga residents, Non-Profit organizations, Civic organizations, and other organizations having Contracts with the City, as listed in this document, that the City of Saratoga has contracted with Randall Funding & Development, Inc (RF&D) for a term of two (2) yeazs. The point of contact and designated liaison between the City of Sazatoga and RF&D is the Public Works Department Administrative Analyst. The Public Works Director shall serve as the alternate designated liaison. All interactions, including internal City Department utilization and eligible organization utilization, with RF&D must go through the designated City liaison. The City is hereby offering the use of RF&D to the eligible organizations listed in this document for the purposes of Grant Opportunity Reseazch and Funding Procurement. ELIGIBLE ORGANIZATIONS: The following organizations have been identified by the City as being eligible to participate in utilizing the services of RF&D: Sazatoga Library _ • Friends of the Library • Sazatoga Historical Society • Friends of Warner Hutton House • Sazatoga High School Foundation • Saratoga Foundation • Hakone Foundation • Chamber of Commerce Sheriffs Department • Santa Claza County Fire Department Sazatoga Fire Department • Sazatoga Rotary Sazatoga Area Lions • Foothill Club • Sazatoga Area Optimists • League of Women Voters • All Schools, both Private and Public, serving Saratoga Residents PROCESSES: A detailed description of the procedures of utilizing the services of RF&D is described in a sepazate document titled: Grant Writer Procedures. As stated in the introduction, the point of contact and designated liaison between the City and RF&D is the Public Works Department Administrative Analyst, who will serve as the primary contact for all interactions between RF&D and City Departments / eligible organizations. All _ correspondence and communication, including emails, written documentation, telephone contact, facsimile, etc., will be directed to the designated liaison for review and dissemination to RF&D. Communications from RF&D to City Departments and eligible organizations shall be directed to the designated liaison for dissemination. City Council approval is required prior to final submission of Grant Packet by RF&D to Grantor. FEES: Under this new contract the City of Saratoga, CA will providanYhle~rdri tiserdvraeellf rsthe listed in this document with the benefit of using RF&D gr g preparation of grant proposals with the cost structure as covered under the City's contract. The identified agencies listed in this document will be responsible for paying a he~se iincentive fees pertgrant hall not~exceed $115,0010 per awa d.o ~&D. This limit for All organizations that request a letter of authorization from the City for grant ~ 3 ~~ services must understand that by requesting this letter they are agreeing to pay incentive fee directly to RF&D if a grant is awarded. Upon notification of funding approval by the granting agency, the incentive payment shall be due within thirty (30) days. Organizations need to understand and acknowledge that any grant funds they receive cannot and will not be used to pay the incentive fees. ATTACHMENT B PROCEDURE FOR THE UTILIZATION OF THE CONTRACTED GRANT WRITER Step #1 City staff /eligible organization /grant writer identifies grant opportunity. Stop#2 Supporting documentation/needs assessment provided/developed by contracted grant writing firm, eligible organization and/or City staff. Step#3 Supporting documentation / data is gathered by RF&D, eligible organization or staff: If gathered by eligible organization or staff, the supporting documentation data is forwarded to the designated staff liaison and reviewed for completeness. If the information is deemed complete, it shall be forwarded to the contracted grant writer. If deemed not complete, it shall be sent back to the eligible organization or appropriate staff for completion. Step#4 Staff liaison forwards information to contracted grant writer. Upon receipt of supporting documentation, grant writer contacts staff liaison within the timeline stated in the contract to confirm the following: • Additional data /support documentation required to process grant • Matching costs for grant (if any) Time line for completion of Grant application Steu#5 Once all information is gathered and complete, grant writer forwards complete packet to designated liaison for review. If Grant does not have a matching cost, proceed to step #6. If Grant has a matching cost, the following needs to be determined: • Are funds allocated in the budget to cover the matching cost? If funds are not allocated, funding source needs to be identified and pursued prior to completion of application packet. St. Designated liaison submits the application packet to City Council for review at the earliest available Council Meeting. Step#7 Review by City Council. If deemed appropriate, approval by City Council and authorization to grant writing firm to submit packet to Grantor. SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: nO~~ PREPARED BY: John Cherbone DEPT HEAD: ~* SUBJECT: Kevin Moran Park Improvement Project RECOMMENDED ACTION(S): I .Determine type and composition of body to conduct the public input process and project development. 2. Provide direction to staff regarding the type of improvements to be incorporated in the Park Project. 3. Authorize staff to solicit proposals for professional services for the purposes of updating the Kevin Moran Park Master Plan and subsequent construction documents. REPORT SUMMARY: Back_g_,_round: Kevin Moran Park is the CiTy's second ]azgest pazk with an azea of 14.3 acres (Hakone Gardens is the City's lazgest park). Kevin Moran Park is also the City's largest Community Park designated as such in the adopted Parks and Trails Master Plan. In the eazly 1970's a Pazk Master Plan was developed for Kevin Moran and subsequently 10.3 acres of the available 14.3 acres were improved. At that time the City did not have enough funds to improve the entire park, which ]eft two unimproved areas that sandwich the improved area. The larger of the two unimproved areas has a size of approximately 3 acres and the smaller area has a size of approximately 1 acre. The original park improvements included playground equipment, perimeter pathway improvements, picnic tables, and an open turf area. Some of the improvements not built, but shown on the Master Plan include tennis courts, parking improvements, and a restroom. In the last few years improvements made to the park include new playground equipment, installation of par course equipment, and the construction of a half basketball court. In 2001 Kevin Moran Park was added to the newly created five year CIP as an unfunded project. Late last yeaz the City was notified by the State of California that funds in the amount $302,454 would be available to the City for park projects via the 2002 Park Bond Act. These funds along with $97,546 in general funds were appropriated by City Council during the F.Y. 03/04 CIP Update, which provided the Kevin Moran Park Improvement project a total budget of $400;000. Discussion• The first step in the Kevin Moran Pazk Improvement Project is to update the park's Master Plan. This step will also serve as the vehicle for public input. The composition of the body conducting the public input process can be any one or combinations of the following three options: 1. City Council (meetings conducted by City Council in a more formal setting) 2. Task Force (membership consisting of City Council, key project stakeholders, such as interested residents, Pazk and Rec. Commissioners, etc...) 3. Parks and Recreation Commission. Of the above options, staff recommends Option 2. Under this option it is recommended that a Task Force consisting of 1 City Council member, 2 PRC Commissioners, and 2 members of the public (1 neighborhood representative and 1 resident at large). Public Works staff and the chosen consultant will support the Task Force. This option mirrors the process used on prior City projects such as the Congress Springs Park Improvement Project. It is estimated that a revised Master Plan can be completed by the end of this year; construction drawings can be completed by the end of Spring 2005; and construction can start in the summer of 2005. Lastly staff recommends that City Council give implicit direction regarding the types of improvements to be included in the Master Plan. This will allow the Task Force to begin the public input process with clear design parameters. FISCAL IMPACTS: The project is currently funded in the City's five year Capital Improvement Plan. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project will not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): If Council so directs, staff will solicit RFP's to retain the services of a professional meeting facilitator and will implement, as directed by Council, the appropriate public input process. ADVERTISING, NOTICING AND PUBLIC CONTACT: As directed by Council, advertise each project public meeting by utilizing direct mailers, website posting, and the newspaper. ATTACHMENTS: None. SARATOGA CITY COUNCIL MEETING DATE: May 19, 2004 AGENDA ITEM: ~~~ ORIGINATING DEPT: City Manager's Office CITY MANAGER; PREPARED BY: Lorie Tinfow Assistant City Mir. DEPT HEAD: SUBJECT: Community-wide Emergency Preparedness Plan RECOMMENDED ACTION(S): Accept report and provide direction. REPORT SUMMARY: As the conclusion of staff's presentation of the new Emergency Plan in Mazch, Council. member Bogosian commented that the City should be doing more and offered to put together a strategy for consideration by the Council. A copy of his proposal is attached. FISCAL IMPACTS: None unless actions requiring additional resources are directed. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): Continue to conduct activities already underway. FOLLOW UP ACTION(S): Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Attachment A: Proposal prepared by Council member Stan Bogosian. Attachment A Outline for Saratoga'] Emergency Plan RATIONALE: A major earthquake in the region could result in an interruption of basic services for as much as three weeks. Aless-severe man-made or natural disaster could result in disruption of a shorter duration, from a few days to a week. Although a regional emergency plan is already in place, it is assumed that the most severe damage would be localized. If severe damage is widespread, the regional resources would not satisfy the demand both during and after the disaster. It is prudent for each city to plan for the worst: isolation from regional resources both during an event and the days and weeks following the event. What do we want to have in our city emergency plan? 1. Identification of temporary safe shelters at schools for students immediately following event. Pazents driving to schools immediately after the event could tie up traffic on major arterials and hinder emergency response. 2. Establish and test communication links to all schools for city radio personnel in order to broadcast instructions to parents. 3. Establishment of pedestrian evacuation routes from schools to homes in event the streets aze not usable. 4. Identification establishment of temporary shelters in the city for families should homes be rendered uninhabitable. 5. Education effort to inform citizens of 1-4 (above). 6. Education effort to inform citizens about individual emergency preparedness (including, but not limited to): a. food and water storage for emergencies b. sanitation lace c. communication between family members (central meeting p ) d. basic first aid e. securing residences against fire immediately following event f. protection of person and property in absence of civil authority 7. Establishment nUlic of where heypaz~e locatede wIIlun the city limits and informing the p What are the main implementation tasks? 1 D d ghwches, bu thercity beazs the.final esponsibil ty to see that it happens] 2. Public Education function: To be undertaken by city. Sources of financing this might be grants. 2of3 Attachment A Procurement of Supplies: The responsibility of the city. Sources of financing this effort might be grants or federal govenunent. Who would be the main participants in the plan's development? 1. City Deparhnent of Public Works and City Manager's office. 2. Schools, public and private 3. Santa Claza County Sheriff 4. Santa Clara County Fire District 5. Saratoga Fire District 6. Saratoga Public Safety Commission 7. Sazatoga Ministerial Association 8. Media (including Saratoga News, I,os Gatos Daily News, San Jose Mercury News, KSAR CH-15) NOTE: This is an outline only. Details to be included as project progresses 3 of 3 SARATOGA CITY COUNCIL ,, 1 MEETING DATE: May 19, 2004 AGENDA ITEM: /~~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~ "`~'~- PREPARED BY: Lorie Tinfow, Asst. City Mgr & DEPT HEAD: ~- Cathleen Boyer, City Clerk SUBJECT: Saratoga Commission Work Plans for Fiscal Year 2004-2005 RECOMMENDED ACTION: Accept report, provide direction to Commission staff liaisons, and approve final Commission work plans for FY 2004-05. REPORT SUMMARY: On January 24, 2004 the City Council held the Annual Council Retreat. One of the agenda items for discussion was review of the "Adhoc-Commissions-Community Participation Model". After significant discussion among the City Council, staff was directed to work with the various City Commissions to generate a work plan for each that describes their planned goals and activities, and any budgetary expenses they might incur throughout the coming fisca] year. The Youth Commission was exempted from preparing a work plan because of the different natwe of their activities. The work plans are designed to be a communication device between Commissioners, staff and Council members to help set clear expectations and minimize misunderstanding among the three entities. In addition, the work plans give a larger pictwe of total city resources (staff time and funds) required to support all Commission activities. Council is asked to: 1. review the individual planned activities and provide direction to Commissions about any needed changes to their planned activities; 2. support staff in their ability to support Commission activities; 3. consider approval of additional funds (if any) needed to accomplish the planned activities Attached are several documents for Council's review: • A summary of each Commission's proposed activities for 2004-OS and any associated cost estimates • Copies of each Commission's work plan as submitted A total of $9,505 is already budgeted to cover incidental Commission expenses such as training, meeting/retreat costs, dues and memberships, and office supplies. The following table presents the total additional funding requested by each Commission for 2004-05: Commission Cost Estimate Arts at least $16,557 $0 Finance $5,350 Heritage Preservation $0 Library $26,700 Pazks and Recreation $0 Planning $3,550 Public Safety $92157 Total funding requested In additions ecalleventsl treat ng specialtmapssor brochuresf and the like,er quire rtedir cling staff organizing p resources away from other duties. FISCAL IMPACTS: Approval of any additional Commission funding requests will be added to the 2004-OS Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: Council may approve all, some or none of the planned activities, including corresponding funding. FOLLOW UP ACTION: Staff liaisons aillroaved work plan, direction back to their Commission and help the Commission implement the pp ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A: Summary of Commission Work Plans • Attachment B: Commission Work Plans 2 of 2 Attachment A: Commission Work Plan Summary 2004-05 Attachment A -Page 1 Commission Workplan Summary 2004-05 Commission Activity T-~--, Library Art Wall Activities Art in the Par~- Funds NOT in bud $500 $1057 $10,300 + maintenance $3700 + maintenance Art Program (10 sites) Form a subcommittee and sponsor Sazatoga Reads TOTAL FUNDS FOR INC1D civcR~R a~.~..... _.-_ TOTAL ADDITIONAL FUNDTI~~ At least $16,557 $0 Finance Support to Budget & Finance Reporting Processes $p Review proposed revenue enhancement alternatives Develop Plan for enhanced communication of $0 financial information to the commumt TOTAL FUNDS FOR IN EXP LASES TOTAL ADDITIONAL FUNDI,1~~ I $0 Herit g -Review Approximately 20 Requf Preservation Additions to Historic Homes Bring the Historic Park Master Plan to the Council for Review and Approval Prepaze a Restoration plan for the McWill House for Council Review rR.,,,;rnr the Restoration of the McW illian House Monitor the work on the Book-Go-Roundosit Qualify up to 3 hom ed fora t 1 canttfonr Staff Account, Fees chazg PP Time M»atard Walk (food and advertising) Funds in bud $1,300 $600 ~--- $0; No fees collected $0 $30,000 $0; funded by a ant $0 Attachment A -Page 2 Historic Calendars (funded through Historical $0 Preservation Foundation Apply to the State of California for Historic $1,000 for Landmazk Status for McWilliams House, photos/copies Book-Go-Round, and the Warner Hutton House, and encourage others to apply for Hakone Gardens and the Cit Museum Investigate State Historic Landmazk #435: research and co fees from Sonoma State $50 Designate more Landmarks $0 Investigate the Designation of Oak Street and $2,000 for signs Horseshoe Lane as Herita e Lanes Investigate Landmazk Status of Heritage $0 Orchard Restart the Historic Homes Plaques Program: $300 Pla ues $100 each; bud et for 3 Herita e Orchard Oversi t $0 Pr are an Ado t-a-Tree Pro am $0 Adopt-a-Tree Kiosk (Funded as part of the $0 Herita e Orchard Restoration) U date and Mana e Herita e Resource List $0 Investi ate Standards For Historic Si s $0 TOTAL FUNDS FOR INCIDENTAL $1,300 EXPENSES TOTAL ADDITIONAL FUNDING $5,350 REQUESTED Library Continue Education of the Community, City $0 Council, and the Library Commission about librazy services and financial issues Saratoga Library Facility and Grounds: $0 recommend finish work and use of leftover bond funds Su ort Recruitment of New Commissioners $0 $0 Library Funding: make recommendations on fundin o lions and riorities TOTAL FUNDS FOR INCIDENTAL $1,055 EXPENSES TOTAL ADDITIONAL FUNDING $0 REQUESTED Attachment A -Page 3 ,~ ~. ,; Parks & + T Trails. support on-going DeAnza Trail Task si ,200 foor trails Recreation Force; present trails signage proposal and ad itional funds install trail signage; create and publish a City trail map; identify link for Saratoga-toortt a train ,temsd for other pursue new trail developments; manage trails through Odd Fellows property; maintenance matrix Kevin Moran Park: develop plan for unused ace and old Orcnaza lan for more flat Pazk Amenities: develop p ass at vanous locations ~ n ckate Park Jl~uw + ~----- Dog Park: review needs and plans or a Sazatoga dog park or off-leash hours; review regional dog pazk plan organized through City of Cam bell ark user agreements; Use Fee: update group p update pazk use fee schedule; review and im lement azk use fee olic Events and Community Involvement: • Creek clean-up in Sept Oartici ate in inter- s Playground reopening; p P commission events (Mustard W alk, Heritage Park. Art in the Park) - $0 ~-- $~- $25,000 Dog Pazk Donation $0 $500 f $0 Master Ytanls)~ • update Open Space Element; • update park usage matrix (free vs. paid use); • review community vs. neighborhood pazk designation; develop plans for future park amenities; • develop p~'k tree preservation and maintenance matrix; • update pazk master plan; • u date trails master lan TOTAL FUNDS FOR INCID ANC Funding rn CIP for Odd fellows trail. listed in $1,650 TOTAL ADDITIONAL FUI~DTF~ $26,700 Attachment A -Page 4 Planning Zoning Code Updates: $0 • Mixed use development standards • Public &Quasi-Public Facilities Districts • P-A: Professional and Administrative Office District • Sign Ordinance • Design Review: Multi-family dwelling and commercial structures • R-M: Mu]ti-family residential districts • Generator Use Permit re uirement General Plan Updates $0 • Open Space, Pazks and Trails Master Plan, and Conservation • Land Use Development Review (see workplan for project $0 details) TOTAL FUNDS FOR INCIDENTAL $1,500 EXPENSES TOTAL ADDITIONAL FUNDING $0 REQUESTED Public PSCCommissionerTraining $1500 f S a e Emer enc Pre aredness Brochure $2000 PSC Commissioners CERT Trainin $50 Funded in CIP Neighborhood Traffic Mana ement Pro am $600 TOTAL FUNDS FOR INCIDENTAL EXPENSES TOTAL ADDITIONAL FUNDING $3,550 RE UESTED Attachment B: Commission Work Plans Presented in alphabetical order: . Arts . Finance . Heritage Preservation . Library . Parks & Recreation . Planning . Public Safety City of Saratoga Arts Commission - MEMORANDUM TO: Mayor and City Council FROM: Tracy Halgren, Chair DATE: May 5, 2004 RE: Arts Commission Work Plan Mission Statement The Mission of the Saratoga Arts Commission is to foster, encourage and assist in the realization, preservation, and advancement of the arts for the benefit of the citizens of Saratoga. The Commission will advise City Council on matters pertaining to artistic values in Saratoga. The Arts Commission is an advisory agency to the City Council. The Commission is not authorized to set policy or give direction to City staff. The Commission is authorized to investigate, review, and analyze issues and make recommendations to the City Council. The powers of the Arts Commission shall be to foster, encourage, and assist the realization, preservation, and advancement of the arts for the benefit of the citizens of Saratoga. Recent Accomplishments Activity Components Associated Costs Status 311104 Library Art Wall Placed Call to Artists Done Done 2004-Jan./Feb. 05 • Jury, Selected and Notified Artists $2200 Request approved. • Selected Hanging System (out of library budget) Gateway Recommended new gateway Before Council entrance design and signage • Proposed potential art sites for Status unknown lighting andlor concrete pads to be placed during construction Mustard Walk • Placed Call to Artists Done Done Coordinated entertainment Done • Created signage Art in the Park • Placed Call to Artists Done Activities for 2004105 Activity Components Costs Not yet started brary Art W all • Call to Artists in Oct. or Nov. for Not yet started • 2005 Form selection panel for selecting artist for 2005 Create banner or sign for art wall to $200.00 Not yet started indicate sponsored by Arts Not yet started Commission rtist reception with $300.00 Yearly a refreshments 000.00 $75 Before Council on Request money for permanent , April 7th Gateway entrance sculpture at Gateway ermanent rtists for p Rough draft created Create a call to a sculpture. Not yet started Mustard W alk • Call to Artists Feb. 2005 Not yet started Vintage Work with Heritage Preservation n and the Historo i Saratogal Blossom Festival o Commiss 'nt event Foundation to form a new j Not yet started Not yet started (FeblMarch of 2005) • Call to Artists • Publicity-fliers, press releases $200.00 $332.00 Not yet started Not yet started Newspaper ad (114 page) $1,500.00 Not yet started Create banner for event $300.00 Not yet started Permits for vendors $25.00 Permit for alcohol Identify potential sites throughout city In process Not yet started Murals in Saratoga lace call to Identify theme and p Not yet started artists Formally select and award the mural artist i 10,000.00 00 Not yet started Not yet started ng money to the winn tion and ribbon cutting $300. Artist recep Additional yearly maintenance costs Unknown Being researched which will need to be determined. In process Rotating Art in Identify 10 sculpture sites throughout Not yet started Saratoga the city Pour 10 concrete pads for sculptures $15msq fta_ in various sizes: 2 - 36" wide by 36" long _$2,400.00 to our all 10 sites 2 - 36" wide by 60" long p 4 - 60" wide by 60" long 2q" wide by 36" long Not yet started 2 _ Place call to artists for year long Not yet started sculpture display otional materials $1000.00 Create prom map of sculpture sites) i 00 $300 Not yet started .e. ( Artist rece lion and ribbon cuttin . Activities for 2004/05 (continued) Saratoga Reads Form a subcommittee and sponsor $1000.00 foSmed on 5/10/04 Saratoga Reads. Work in conjunction with the Library Commission, Montalvo, the Saratoga Library and other literary persons in the community to establish a program whereby the book or books of an author who will be coming to Montalvo will also be promoted for reading by the community via promotion at the Saratoga Library with the communit at lar e. Arts Commission Future Activities Activit Tar et Date Status The Arts Commission would like to create a city ordinance Percent for Arts 2005/06 where one percent of City capital improvement project funds Ordinance are set aside for the commission, purchase and installation of artworks throw hout the Cit of Sarato a. 2005/06 The Arts Commission would like to work with the newly Mascot Fundraiser established Saratoga -Monte Sereno Community Foundation to establish a mascot fundraiser similar to those held in such cities as San Jose (sharks) and Los Gatos cats . City of Saratoga Finance Commission April 19; 2004 Memorandum To: Mayor and City Council Members From: Dick Allen, Chair of Finance Commissio ' Re: Finance Commission Work Program Mission statement: the Finance Commission will advise In order to promote the vision for Saratoga, the City Council on matters finan altoprocedures eandf cont olsy Irestoudree budgets, financial reporting.. preservation, and asset utilization. The Finance Commission was originally formed in 1981 to advise the City Council on financial matters pertaining to the governing of the City, as well as on the use of fisca for the City. The Commission consists of resources and the development of technology in terms of office. Members are seven members who each serve four year overlapp 9 selected by the City Council on the basis of their knowledge, experience, and qualifications in financial management and related areas. The Finance Commission ecific tasks in the areas of financial management, financial undertakes and performs sp planning, information technology development, facilities needs, re therCity tCounlcil ~ an such other related tasks as may be assigned from time to time by Recent Accomplishments Include: Advisor to the City's Financial Reporting Process: o Review of the Interim and Annual Financial Audit o Review of the City's CAFR document Advisor to the City's Budget Development Process: o Review of all projected revenues and proposed expenditure programs o Review and make recommendation to the Fee Schedule o Review of the budget document et monitoring d o ument o Review the City's quarterly budg Provide representation to the Excess Library Bonds Fund Committee and the Vision Ad Hoc Committee Establish Metrics subcommittee and Reserve Policy development subcommittee Finance Commission -Approved 4/ 19/04 _~~ I~~L.J... [UU4/[VUO bOB15 11141YYG. Tar et Date Status 4/2004 Provide on oin su ort Financial Re ortin on oin Provide on oin su ort to the Cit 's Bud et Process on oin Review and recommend City's proposed revenue April/May enhancement alternatives 2004 Complete the City Metrics Management review and May 2004 Write-up in Council's approval process Complete a proposed reserve policy for managements May 2004 Draft final in review and Council's approval process Develop Plan for enhanced Financial Communication July 2004 to the communit Develop Ad Hoc financial reporting and seek approval Ongoing from Council Finance Commission -Approved 4/ 19/04 City of Saratoga Heritage Preservation Commission MEMORANDUM TO: Mayor and City Council Members FROM: Patricia Bailey, Chair DATE: March 17, 2004 RE: Heritage Preservation Commission Work Program Mission Statement To provide guidance to the City of Saratoga in order to preserve and protect the heritage resources of the community. January 2003 to January 2004 Accomplishments Historic Calendar Design & Sales 2004 3`d Annual Mustard Walk, February Site Visits & Review of 15 Historic Home Projects Heritage Orchard Oversight & Recommendations Heritage Resource & MiIlSessionfw'dh Plann ng Com ss'onncil Historic Criteria Training Austin Way Heritage Lane -Design & Installation of Sign McWilliams House & Book-Go-Round Restoration Recommendations Historic Park Master PlancDeon & Prrese naRon'to County Historic Park Grant App Villa e Joint Meeting with HistoricRecommendat ons for Village Historic District Boundary Heritage Orchard Information Booth at Library Grand-Reopening Prepared standard for Mills Act Contractervisor Liz Ness Meeting and presentation to County Sup The purpose of Heritage Preservation Commission is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources representing se couaag nlg and regulating the (b) Enhance the visual character of the City by compatibility of architectural styles within historic areas which reflect established architectural traditions; reciation of the City's (c) Encourage public knowledge, understa de and sense of identity based upon past, and foster civic and neighborhood p the recognition and use of the City'values w ih nsthe City and increase the (d) Stabilize and improve property economic and financial benefits to the City and its inhabitants derived from t e preservation, rehabilitation, and use of heritage resources; (e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. Pro osed Work Pro ram for Jul 2004 -Ju l 2005 ..• ~~ ..~ Review Approximately 20 Requests for Additions to Historic No fees collected Homes Staff/HPC Time Bring the Historic Park Master Plan to the Council for Review funded for and Approval $30,000 Staff/HPC Time Prepare a Restoration plan for the McWilliams for Council Funded by a grant Review $100,000 Staff/HPC Time Monitor the Restoration of the McWilliams House Staff/HPC Time Monitor the work on the Book-Go-Round Staff/HPC Time Qualify up to 3 homes for Mills Act Deposit Account, Fees charged to applicant for Staff Time Mustard Walk $2,000 for food and advertising, Staff/HPC Time Historic Calendars HPC Time Apply to the State of California for Historic Landmark Status for $1,000 for McWilliams House, Book-Go-Round, and the Warner Hutton photos/copies House, and encourage others to apply for Hakone Gardens and Staff/HPC Time the Cit Museum Investigate State Historic Landmark #435 Staff/HPC Time $50 fee research and copy fee from Sonoma State Desi Hate more Landmarks Staff/HPC Time Investigate the Designation of Oak Street and Horseshoe Lane $2,000 for signs as Herita a Lanes Staff/HPC Time Investi ate Landmark Status of Herita a Orchard HPC Time Restart the Historic Homes Plaques Program Plaques $100 each Staff/HPC Time Herita a Orchard Oversi ht Staff/HPC Time Pre are an Ado t-a-Tree Pro ram Staff/HPC Time Funded as part of Adopt-a-Tree Kiosk the Heritage Orchard Restoration U date and Mana a Herita a Resource List Staff/HPC Time Investi ate Standards for Historic Si ns HPC Time Powers and Duties of the Heritage Preservation Commission: The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the Citylement the purposes of liaison antew The Heitage Comm ssion shalhhavle the following powers and this Chap duties: rehensive survey of properties (a) Conduct, or cause to be conducted, a u ° ose of establishing the Heritage within the boundaries of the City for the p p Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Secti dat d,1and1a of this Chapter. The Inventory shall be publicized and periodically up copy thereof shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. encies or departments projects and (c) Recommend to the appropriate City ag action programs for the recognition, conservation, enhancement and use of the City's heritage ree~i S to~~onustructschangeSaltereremodeld, elmove oe otthervv se applications for p affect such resources. ro osed ordinances, plans or policies (d) Review and come to to heritage resources. radin or of the City as they lications for building, demolition, g 9 (e) Review and comment upon all app on or within a designated tree removal permits involving work to be performed up lications for tentative historic landmark, heritage lane or histori rovalr' utse pe mit,v ariance approval, map approval, rezoning, building site app enc or design review or other approval pertaining to or significantly affecting any heritage resource. The Commis the app mments shall be forwarded to the City ag lication within thirty days after receiving the request department processing for such comments. (f) Investigate andivate funding so'urcesuor (programs forlthelrehabetat oln and county, local or p preservation of heritage resources. (g) rnzations nlthe pursuit of the objecdtves of heritage conservationriva e ro ert owner or occupant and at the discretion of the orga (h) Upon the request of a p P y uidance on the conservation, Heritage Commission, render advice and g or maintenance of any heritage rehabilitation, alteration, decoration, landscaping advice and guidance shall not impose any regulation or resource; such vo ro tert control over any p P y (i) Participate in, promote and conduct public information and educationa programs pertaining to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. SARATOGA LIBRARY COMMISSION WORK PLAN FOR FISCAL YEAR 2004/2005 1. Continue Education of the Community, City Council, and the Library Commission a. Understand and communicate to the community and City Council the programs and services offered by the Saratoga Library as well as at the state and county level b. Understand and communicate to the community and City Council the financial structure of the Santa Clara County Library system 2. Saratoga Library Facility and Grounds a. Review needs and make recommendations on the items remaining to finish the library building b. Review needs and make recommendations on the use of the Library Capital Improvement Fund 3. Recruitment of New Commissioners a. Recommend and encourage individuals to apply for vacancies on Library Commission b. Advise Saratoga City Council on attributes to look for in Library Commission candidates i. Citizens who actively demonstrate their care for the community by being involved in education ii. Citizens who are involved in local arts endeavors, clubs and associations, or cultural events iii. People who are a diverse representation of the community 4. Library Funding a. Prioritize programs and services of the Saratoga Library b. Investigate options for funding City of Saratoga Parks and Recreation Commission MEMORANDUM f0: Mayor and City Council FROM: Gregory Gates, Chair DATE: April 21, 2004 _~_ Parks and Recreation Commission Work Profile Statement: The Parks and Recreation Commission advises the council on design, us ~ sand care and maintenance of parks and playgrounds; trnancing, streets; walkways, pathway development, hfares and other City the Council. The landscaping along thoroug be requested by ro ramming and equestrian paths, and other such matters as may Commission also advises and makes recommendations concerning p 's recreation and leisure activity programs. implementation of the City Mission Statement: The Parks and Recreation Commission of the City of Saratoga is dedicated towar development and maintenance of parks, trails and other the planning, acquisition, romoting a better living environment and assuring recreational areas and facilities p o ortunities now and in the that Saratoga conern oQSneighborhood and commu~ityt ppl and historic resources s that citizens may J Y future. Recent Accomplishments: City Park Map ra hical city map empasizing city parks with addresses and Developed a g P nark amenities for official publication Z. Trails Formally requested Saratoga Retirement Community to support a trail through Odd Fellows development and open space Suppohed City's going ahead with DeAnza Trail VTA and donor funding ointed Task Force approval and creation of Council app eration with Planning oo~nmmended design for Ho Property Trail in coop - Trails Easement Review effective Trails Maintenance Matrix 3. Azule Park New Park dedicated May 2003 Knollwood entrance concerns addressed and mitigated Summer 2003 4. Beauchamps Park Basketball and Tennis court resurfaced Fall 2003 1994 Developed 5. Bellgrove Park '1995 Developed 6. Brookglen Park New ADA compliant play equipment installed Summer 2004 New basketball source and goals installed 2002 7. Central Park /Heritage Orchard Groundwater well /irrigation improvements Spring 2004 Planting of new orchard trees Spring 2ooa 8. Congress Springs Park Ball safety screen extended 2002 & 2003 February 2002 Park renovation AYSO I Little League Park User Agreements January 2002 Restroom renovation 2000 9. EI Quito Park New ADA compliant play equipment installed Summer 2004 Pathway and par course installation Summer 2ooa Field irrigation and drainage improvements Summer 2003 Restroom renovated 2000 10. Foothill Park New pathways benches and picnic tables 11. Gardiner Park wildcat Creek Trail re-opened and neighborhood disagreement resolved installed 12. Historical Park 13, 14 drain installed ral of deteriorated shed, fence and arbor Kevin Moran Park 15. Wildwood Park ADA compliant play equipment installed renovation ~199~ ~ bridoe over Saratoga Creek 16 I Ica Fee Planning for 2004/2005: 1. Trails ort City's on-going DeAnza Trail Task Force TBD Easement Database to alert Planning Department and Planning mission Spring 20 ent Trails Signage proposal and install Trail Signage Fall 2004 ite and publish a City Trail Map TBD tified potential link for Saratoga-to-the-Sea via Hakone and Water ict (Road/Airport) Ouarry Land dely pursue new trail developments (Garrod, Peck I Ho, House property) TBD iew and continue working with Saratoga Retirement Community to Summer port a trail through Odd Fellows development and open space Ongoing itinue to manage Trails Maintenance Matrix Ravenwood Park 2. Kevin Moran Park Develop plan for unused space and old Orchard area TBD 3. Gardiner Park Develo ment of old BMX Area TBD 4. Park Amenities Identify land and develop plan for more flat grass (Redwood, Foothill, Summer 2004 Saratoga, West Valley, etc.) i t ri f nri a tennis rourt TBD 5. Skate Park Location, location, location TBD Campbell Skate Park at Recreation Center Summer 2004 6. Dog Park Review need and plans for a Saratoga City Dog Park or Dog Off-Leash Hours TBD Review County maintained and City of Campbell developed Regional Dog Park on TBD Los Gatos Creek Trail and San Tomas Expressway. (presentation by Zarka Popovic, Administrative Analyst, City of Campbell) Review City Park Dog Off Leash problems, sheriff warnings and complaints TBD 7. Use Fee Updated Organized Group Park User Agreements Spring 2004 Park Use Fee Schedule Updates Summer 2004 Park Use Fee Policy Review and Implementation TBD 8. Events and Community Involvement Creek Cleanup May 15th 8 September 2004 Wildwood, EI Quito and Brookglenn Park Playground Re- July 2004 Opening Inter-commission Events (Mustard Walk, Heritage Park, Art-in- TBD the-Park) 9. Park and Land Watch List Identified 3.4 acres Water District Land at Walnut and Alta-Vista near iwimer2uual Master Plan -Open Space Element will be integrated into the Parks and Recreation Element. Originally ~ted in 1991. Ann Welsh is the lead staff. Currently being worke on Commission and ugh the Parks and Recreation Commission, Planning Is Sub-Committee. Will conduct heariOng alnized Groupvle sfusOFgree Play fate Park Usage Matrix for managing 9 :ommunity versus rve~gnuu~ ~ ~~~u r- - Plans for Future Park Amenities Park Tree Preservation and Maintenance Matrix 'arks Master Plan trails Master Plan 10. Master Plan(s) F~1f 2ooa City of Saratoga Planning Commission MEMORANDUM TO: Mayor and City Council FROM: Jill Hunter, Chair DATE: March 17, 2004 RE: Planning Commission 04/05 Work Program Mission Statement The mission of the Saratoga Planning Commission is to maintain the unique character of Saratoga by ensuring that the physical development of the City is consistent with the environmental, social and economic goals as set forth in the City's General Plan. The Planning Commission advises the City Council on land use matters such as the General Plan and specific plans, zoning and subdivisions. The Commission plans for the future orderly physical development of the City and informs and educates the public on current land use and urban planning issues. In many areas the Planning Commission also acts as a legislative body in making determinations within the framework of applicable State laws and City ordinances. Ultimate decisions on land use reside with the City Council. The Planning Commission's workload is divided between current and advance planning. 2003 Plannin Commission Meetin s 21 Meetin s held in 2003 Number of A lications Heard A eals 10 Desi n Review 31 Lot Line Ad'ustment 1 Subdivision 2 Use Permit 5 Variance 3 Zonin Ordinance Amendment 5 2002-03 Accomplishments Article # Title Target Date Status 1/1104 Article 15-50 Tree Regulations Winter 2003 ADOPTED Article l5-12 Single-Family Winter 2003 Residential Districts ADOPTED Design Revew: a~~~y,~- I I ADOPTED Family Dwelling 14, (new) Assigned rtirle 15-18 1 Zone to Allow I-au "JVO ADOPTED 15-10 Overlay drive through windows in CN Zone bounded by 16 Zoning Code Updates Scheduled for 2004105 S rin 2004 Hearing Draft Completed went to PC in Mixed Use p 9 2003. PC continued until Winter 04 Development Standards Staff Planners Summer 2004 Being reviewed by Public and Quasi Public Facilities Districts'^^c;^naI Fall 2004 Needs to follow Land Use Element ups and Administrative Office District I Sign Ordinance Design Review: Multi-Family Dwelling and Commercial Structures ~ R-M: Multi-Family reviewed by City Attorney and yet started General Plan Updates Scheduled for 2004105 Tar et Date worked on through ~~~_ Element Title Fall 2004 Adopted in 1993. Currently being Open Space, Parks parks and Recreation Commission, Planning Commission and Trails Master and Trails Sub-Committee. Ann Welsh is the lead staff. Plan, and Will conduct hearin sin SummerlFall of am0endments over Conservation Spring 2005 Adopted in 1983. Various text and map Land Use the years -not all placed in document. Christy Oo stethous is the lead staff. Citizen^Advis cryr na of 2005 bein=- Pending Development Review Date Submitted Descri lion Owner # Street Status pplicant requests ontinuance. General Plan mendment is on eneral Plan Amendment - hold until further 8/29/02 PF t. Michael's Church 18930 Ilendale Ave. otice. Use Permit & Design Review for new hurch - ompleteness review 12/18/03 - Met with applicant /18 viewed Photo 11/20/03 Use Permit- Desi n Review St. Michael's Church 18930 Ilendale Ave. Sims. Plans being reviewed, Resubmitted 7/29/03, Incomplete Extension of approved DR Ita Vista /27/03, Applicant 10/17/02 lication, and Variance Blackwell 14010 venue ill resubmit 3/04 Deemed incomplete awaiting geo DR, Variance & Initial Study- 2 pproval & revised 1/15/04 to SFD evola 14701 mbricKnolls tans Incomplete 10/8, Modification of approved plan, Resub 1115/03, 9/11/03 han a use on second floor rafal ar 14162 Bi Basin Wa Incom lete 1214/03 Plans being 3/01/04 ell site antenna and shed NEXTEL 14407 Bi Basin Wa reviewed PC approved: Needs C approval for ddition to commercial and urchase of pkg 9/05/02 esidential ortion of structure Lee 14495 Bi Basin Wa aces entative summer hearing anticipated; tall needs to ffice and residential project prepare an initial 6/04102 in downtown bi basin wa GASIK 14651 Bi Basin Wa tud Needs planning 2/24/04 New two sto GALEB 20423 Bi Basin Wa review Expand Urban Service Area, N l Pl Initial contact made an, eg mend Genera 9!15/03 Dec it of Sarato a 21170 Bi Basin Wa ith LAFCO. Needs geotech 1/08/04 New one stor BANNON 21210 Can on View Dr learance Scheduled for 1/20/04 ne stc realer than 18 MURRAY 14330 Chester hearin Geotech approved - eemed incomplete. rails Subcom. Requests revised rail location- 8 acre into 5 lots - Md soils - Neighborhood 9/07/00 eo re 'd. HO Mt. Eden Road meetin held 1/29/04 pplicant is waiting for pproval from AT&T for ndergrounding, Applicant ntacted staff on v3/oa - Near Horseshoe hould obtain response in 4130/03 New AT&T cell site ALTRANS Hw 9 intersection weeks Needs arborist 2/19/04 ddition HAYDEN 19510 Northam ton review Plans routed to PW or Geo review, Incomplete 10/20, Resub 12117/03, New horse stable and grading Incomplete 119/04, 9/23/03 ver 1K House 13313 Old Oak Wa Resub 1/26/04 Plans being 2/11/04 New sin le Tamil one stor rawford 12681 Paso Olivios eviewed. Needs geotech 10/28/03 econd unit FAR over 6000 MASSIF 15301 Peach Hill Road learance Initial Study is eeded due to 12/11/03 Lot Line Chan a Khan 15480 Peach Hill Road 0.9% slo e. Plans being reviewed. Incomplete 2/04/04 New two stor Hin arh 12866 Pierce Rd. /3104 1/28/04 New one stor w/ basement Mohammadi 12916 Pierce Rd. Inc letter sent 02/24 Incomplete 11/18/03, Resub 1/22/04, Inc New 4,000sq ft Commercial I10I04, Resub 10/30/03 Buildin Kris Kreme 18562B Pros ect Road 3I1I04 Plans being 137 sq ft addition to Saratoga eviewed, incomplete 11/04/03 ommercial buildin INTERO 12900 venue 12/3/03, Resub 2/24 Needs geotech 11/12/03 New SFD HO 14289 obe learance eotech review only of (yet) a planning 12/10/03 ubdivision NDERSON 14921 Sobe lication Initial Study & Neg Dec. -complete, dvertisement 1/09/04 Initial Stud - CEQA Dennis 15020 obe Road /10/04 verland 2/24/04 DR Develo ment 15145 Sobe Road New Needs planning 2/12/04 New one stor LUNDMARK 13392 Sousa Lane review Plans being reviewed, incomplete 12/18/03 Pool Variance Ladonnikov 13388 urr Lane 1115/04 City of Saratoga Public Safety Commission - MEMORANDUM TO: Mayor and City Council FROM: Isabelle Tennenbaum, Chair DATE: March 10, 2004 RE: Public Safety Commission Work Program Mission Statement The mission of the Saratoga Public Safety Commission is to analyze issues, make recommendations to the City Council on overall safety, crime and fire protection services, and traffic matters. The Commission increases awareness to the public safety needs of the community by improving communications and involvement among residents, the City government and the public safety agencies on services, needs and programs. As an advisory agency, the Public Safety Commission is not authorized to set policy or give direction to public agencies such as the Sheriffs Office or to City Staff. Commission Duties The Public Safety Commission investigates, reviews and analyzes issues, and makes recommendations to the City Council in the areas of overall public safety, crime and fire prevention, traffic safety, emergency preparedness, and other related areas. The Commission increases awareness of, and attention to, the public safety needs of the community by improving communications and involvement between the community, the City government and the public safety agencies on services, needs and programs Recent Accomplishments 2003 • Finalizing official NTMP (Neighborhood Traffic Management Program) • Finished 15t NTMP - EI Quito Neighborhood • Finished Blue Hills School Traffic Plan • Prepared and Presented Emergency Preparedness Plan ~.• CERT Training/ Promotion 4• Participate in County Fire Self-Assessment • Develop feedback mechanism for directed enforcement Future Accomplishments This section outlines future goals of the Public Safety Commission for both Commissioner training and program expenditures. Saratoga's Neighborhood Traffic Nroga m has a separate accnount and es adm nasteired by City staff. costs. The NTMP P Program PSC Commissioner I CSTI Institute, Red I 2004 I $1500 Training Cross, and Various Local Field Trips Emergency Promote City of I Summer 2004 I $2000 Preparedness Brochure Sara lnformateo9ency PSC Commissioners PSC Commission Community Emergency $50 CERT Training Response Training - 2004 Saratoga Recreation Center U to $50K per year 200412005 "NTMP - EI Quito North & budgeted in CIP Neighborhood Traffic Bell Grove Management Program n t monitored by City Council and staff separate from '* NTMP costs were not included, separate accou general Public Safety Commissions budget.