HomeMy WebLinkAbout11-17-2004 City Council Agenda Packet
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
NOVEMBER 17, 2004
CLOSED SESSION - 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CALL MEETING TO ORDER
Conference With Labor Ne otg iators (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 Leeal Counsel -Threatened litigation (Gov't Code
54956.9(b):(1 potential case)
Conference With Leeal Counsel -Existing Lineation:
(Government Code section 54956.9(a))
Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy
No. 03-57342-JRG
REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
MAYOR'S REPORT ON CLOSED SESSION
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
November 10, 2004)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Aaendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the Council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Communications from Boards and Commissions
The City Council will receive reports from the Boards and Commissions listed below and
may provide direction regarding matters to be considered by those Boards and
Commissions. Recommendations from Boards and Commissions requiring City Council
approval are considered as independent agenda items.
Written Communications
None
Oral Communications -Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ANNOUNCEMENTS
CEREMONIAL ITEMS
lA. Proclamation Declaring November 21-27 as "National Family Week"
Recommended action:
Read proclamation.
1 B. Commendation Honoring Sue Brooks
Recommended action:
Present commendation.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2A. Approval of City Council Minutes -November 3, 2004
Recommended action:
Approve minutes.
2B Approval of Check Register
Recommended action:
Approve check register.
2C. Amendment to City Code Sections 2-05.030 & 15-90.065 Related to Council
Initiated Appeals
Recommended action:
Waive second reading and adopt the ordiance.
2D. FY 2004-2005 CDGB County/City Contract
Recommended action:
Adopt resolution; approve transfer of previously approved allocation of $33,000 to
project Match to the Revolving Housing Rehabilitation Program.
2E. City Manager Employment Agreement Corrections
Recommended action:
Authorize Mayor to execute corrected agreement.
2F. Saratoga Library Project Finish Work
Recommended action:
Authorize staff to contract with Shade Tree Construction for miscellaneous finish
work related to the Saratoga Library.
PUBLIC HEARING
None
OLD BUSINESS
3. Relinquishment of Village Sidewalks
Recommended action:
Adopt resolution approving final Cooperative Agreement with the State of
California.
NEW BUSINESS
4. County of Santa Clara Request for Funding to Assist With a Countywide
Homelessness Census
Recommended action:
Accept report and direct staff accordingly on the attached resolution requesting an
appropriation of $2,983 out of Council Contingency funds to the Countywide
homelessness survey.
5. Resolution of Intent to Amend Article 16-05.035 Relating to the Establishment of
a Specific Period of Time that Modification of Building Plans and/or Development
Conditions must be Approved Through a New Design Review Process
Recommended action:
Adopt Resolution of Intent.
5. Installation of Solar Electric Generating System on City Owned Buildings
Recommended action:
Accept report and direct staff accordingly.
ADHOC ASSIGNMENT REPORTS
Mayor Waltonsmith
None
Vice Mayor Kine
City/School Ad-Hoc Committee
Councilmember Bo og sian
None
Councilmember Kline
Village Ad-Hoc Committee
Councilmember Streit
None
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269
or ctclerk@saratoga.ca. us. Notification 48 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on November 10,
2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and
was available for public review at that location. The agenda is also available on the
City's website at www.saratoea.ca.us
Signed this 10" day of November 2004 at Saratoga, California.
Cathleen Boyer, CMC, City Clerk
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2004
12/1 Regular Meeting
12/15 Regular Meeting -Reorganization
SARATOGA CITY COUNCIL
MEETING DATE• November 17, 2004 AGENDA ITEM:
i~
~~~~
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
Cathleen Bover Citv Clerk
SUBJECT: Proclamation Declaring the Week of November 21 -27, 2004"National
Family Week"
RECOMMENDED ACTION:
Read proclamation.
REPORT SUMMARY:
Every year the City of Sazatoga supports "National Family Week" and presents a proclamation to
the Saratoga Ministerial Association.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of proclamation.
CITY OF SARATOGA
PROCLAMATION
DECLARING THE WEEK OF NOVEMBER 21-27, 2004
"NATIONAL FAMILY WEEK"
WHEREAS, Saratoga is blessed with a multitude of families - an essential part
of the cultural, social, and spiritual fabric that is Saratoga; and
WHEREAS, Saratoga recognizes strong families are at the center of strong
communities; and
WHEREAS, everyone has a role to play in making families successful,
including neighborhood organizations, businesses, nonprofit agencies, policymakers,
and, of course, families themselves; and
WHEREAS, during Thanksgiving week we all should take time to honor the
importance of families, and recognize the special connections that support and
strengthen families year-round; and
WHEREAS, we all should recommit to enhancing and extending all of the
connections that strengthen and enrich families; and
WHEREAS, with the assistance and resources of agencies and organizations
such as the Alliance for Children and Families and its local member agency, City of
Saratoga, we can help families of all shapes and sizes create a better future for all of
Saratoga;
NOW, THEREFORE, Kathleen King, Vice Mayor of the City of Saratoga, do
hereby proclaim November 21 through November 27, 2004, City of Saratoga National
Family Week, and I commit this observance to the people of Saratoga and encourage
all Saratoga citizens to work to strengthen families in America as individuals and
through government and community-based organizations.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on
this 17th day of November 2004.
Kathleen King, Vice Mayor
Saratoga, California
SARATOGA CITY COUNCIL
- MEETING DATE: November 17, 2004 AGENDA ITEM:
ORIGINATING DEPT: Cites Manager's OfTice CITY MANAGER: ~~~
PREPARED BY:
DEPT HEAD:
SUBJECT: Commendation Honoring Sue Brooks
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
Attached is a commendation for Sue Brooks who is celebrating her 10`h year as principal of
Argonaut School.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of commendation.
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
SUE BROOKS
WHEREAS, Sue Brooks graduated with a B.A. from the University of
California, Berkeley; and
WHEREAS, She received her teaching credential from San Jose State University
and began her career in education over thirty years ago in Franklin McKinley School
District (FMSD) in San Jose; and
WHEREAS, Sue taught eighteen years in grades 2"a 4cn Scn and 6`n. For five
years in FMSD, she served as an Administrative Assistant/Project Specialist in a year
round school; and
WHEREAS, Sue received her M.A. and Administrative Services credential from
San Jose State University; and
WHEREAS, as a Board Member in Berryessa Union School District for 14
years, Sue served as Board President three times; and
WHEREAS, in November of 1994, she came to Argonaut School as principal;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga along with the students, teachers, staff, parents and families of Argonaut
School recognizes that Sue Brooks, has, for 10 years, been a cherished and dedicated
principal.
Witness my hand and the seal of the City of Saratoga on this 17`n day of November
2004.
Kathleen King, Vice Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004
ORIGINATING DEPT: City Manager's Office
PREPARED BY:
Cathleen Boyer, Clerk
AGENDA ITEM:
CITY MANAGER: ~ -
DEPT HEAD:
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regulaz Meeting -November 3, 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 November 3, 2004
MINUTES
SARATOGA CITY COUNCIL
NOVEMBER 3, 2004
Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and
lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councihnembers 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
Michele Braucht, Administrative Services Director
Tom Sullivan, Community Development Director
John Cherbone, Public Works Director
Cary Bloomquist, Administrative Analyst
Morgan Kessler, Civil Engineer
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 3
2004
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of November 3, 2004 was properly posted on October 29,
2004.
COMMUNICATIONS FORM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS
Citizen Ray provided an update on the Highway 9 safety improvements.
COMMUNICATIONS FROM COMMISSIONS
None
ANNOUNCEMENTS
Mayor Waltonsmith announced the following information:
You are cordially invited to the City of Saratoga's 4th Annual Tree Lighting Ceremony
Friday, November 26, 2004 at Blaney Plaza. The Ceremony begins promptly at 5:30
p.m. with a holiday introduction from the Mayor of Saratoga and a countdown to light the
City Holiday Tree. Following the Tree Lighting Ceremony, the Village Merchant Open
House sponsored by the Village Merchants and Saratoga Chamber of Commerce will
begin at 6 p.m. Residents can stroll and enjoy extended holiday shopping hours along
with carriage rides and special holiday treats. The Saratoga Historical Museum and the
Book-Go-Round will also host a special holiday open house. We look forward to seeing
you there!
CEREMONIAL ITEMS
lA. PROCLAMATION DECLARING NOVEMBER 14-20, 2004 AS "HUNGER
& HOMELESSNESS AWARENESS WEEK"
STAFF RECOMMENDATION:
Present proclamation to Barry Del Buono, President and CEO of Emergency
Housing Consortium.
Mayor Waltonsmith presented the proclamation to a representative from the
Emergency Housing Consortium.
1B. COMMENDATION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA HONORING THE 20TH ANNIVERSARY OF THE SISTER
CITY AFFILIATION BETWEEN MUKO, JAPAN AND SARATOGA,
CALIFORNIA
STAFF RECOMMENDATION:
Present commendation and present commendation to Marilyn White.
Mayor Waltonsmith read the proclamation and presented it to Marilyn White.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. APPROVAL OF CITY COUNCIL MINUTES -OCTOBER 6, 2004
STAFF RECOMMENDATION:
Approve minutes.
STREIT/KLINE MOVED TO APPROVE MINUTES OF OCTOBER 6, 2004.
MOTION PASSED 5-0.
2B APPROVAL OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION
PASSED 5-0.
2C. CIVIC THEATER LOWER PERIMETER ROOF AND BOOK-GO-ROUND
RE-ROOF PROJECT -NOTICE OF COMPLETION
STAFF RECOMMENDATION:
Accept Notice of Completion.
2
STREIT/KLINE MOVED TO ACCEPT NOTICE OF COMPLETION FOR
THE CIVIC THEATER LOWER PERIMETER ROOF AND BOOK-GO-
ROUND RE-ROOF PROJECT. MOTION PASSED 5-0.
2D. ADDITIONAL UTILITY WORK IN CONJUNCTION WITH THE
SEAGULL WAY SIGNAL PROJECT
STAFF RECOMMENDATION:
Approve change order.
STREIT/KL1NE MOVED TO APPROVE CHANGE ORDER FOR
ADDITIONAL UTILITY WORK IN CONJUNCTION WITH THE
SEAGULL WAY SIGNAL PROJECT. MOTION PASSED 5-0.
2E. REVIEW OF MERCURY REDUCTION/VIRTUAL ELIMINATION IN
MUNICIPAL OPERATIONS POLICY
STAFF RECOMMENDATION:
Accept report and adopt Mercury Reduction/Virtual Elimination in Municipal
Operations Policy.
STREIT/KL1NE MOVED TO ADOPT MERCURY REDUCTION/VIRTUAL
ELIMINATION IN MUNICIPAL OPERATIONS POLICY. MOTION
PASSED 5-0.
PUBLIC HEARING
3. AMENDMENT TO CITY CODE SECTIONS 2-05.030 & 15-90.065
RELATED TO COUNCIL INITIATED APPEALS
STAFF RECOMMENDATION:
Conduct public hearing; read title of proposed ordinance; waive reading of full
ordinance; direct staff to place item on the Consent Calendaz on November 17,
2004 for second reading and adoption.
Tom Sullivan, Community Development Director presented staff report.
Director Sullivan stated that the proposed amendment would amend the City Code
in regards to Council initiated appeals. Director Sullivan stated that due to both
the City Council and Planning Commission regularly canceling one of their
meetings in August, a problem can occur if there is not a regular of special Council
meeting during the fifteen calendar days following a Planning Commission action.
The amendment would extend the fifteen days related to the next regular or special
meeting of the City Council.
Mayor Waltonsmith opened the public hearing and invited public comments.
Seeing none, Mayor Waltonsmith closed the public hearing.
KLINE/STREIT MOVED TO WAIVE READING OF FULL ORDINANCE;
DIRECT STAFF TO PLACE ITEM ON THE CONSENT CALENDAR ON
NOVEMBER 17 2004 FOR SECOND READING AND ADOPTION.
MOTION PASSED 5-0.
OLD BUSINESS
None
NEW BUSINESS
None
AGENCY ASSIGNMENTS
Mayor Ann Waltonsmith reported the following information:
Hakone Foundation Liaison - on October 28`h a reception was held to accept the honor
and cash award from Restore America.
Sister Citv Liaison -will be in Muko Japan with several other people to celebrate the 20`h
anniversary of the Sister City relations between Muko and Sazatoga.
Vice Mayor Kathleen King reported that following information:
Chamber of Commerce -attended the Chamber of Commerce's Witchy Walk-A-Bout on
October 30~' in the Village - it was a success.
Councilmember Stan Bogosian had not reportable information.
Councilmember Norman Kline reported that following information:
Librazy Joint Powers Association -discussed going forward with another bond measure.
Looking at using a mail in ballot.
Valley Transportation Authority PAC -noted that he would be attending a workshop at
the end of the week.
Councilmember Streit reported that following information:
Santa Claza County Valley Water Commission -discussing the rate increase and why the
Northern rates aze four times higher than Southern rates.
Rec clip & Waste Water Reduction Commission of SCC -stated that he was recently
nominated to be a member of this committee to help with the new contracts.
CITY COUNCIL ITEMS
Councilmember Bogosian congratulated Mayor Waltonsmith and Aileen Kao for their
successful campaign and noted that the UUT failed by 80%.
Councilmember Bogosian requested that the North Campus be agendized stating it was
time to address the issue.
4
Responding to Councilmember Bogosian's request, Mayor Waltonsmith explained that
the Council would be discussing the North Campus at the City Council retreat.
OTHER
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business, Mayor Waltonsmith adjourned the meeting at 7:35 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004 AGENDA ITEM:
zu
ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~li~--~'-
PREPARED BY: Jaye TkaehC~r DEPT HEADS
SUBJECT: Check Registers: 11/4/04
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.
Fund Name Date Manual voice
11/4/2004 Checks Checks
AP CHECKS A97845-97970
1 GENERAL 348,249.51 11,264.12
100 COPS-SLESF
110 Traffic Safety 551.60
150 Streets & Roads 61,536.10
1g0 LLA Districts 4,525.01
250 Dev Services 12,483.77 50.00
260 Environmental 31,340.07
270 Housing & Comm 6,998.00
2gp Recreation 13,174.49
291 Teen Services 448.52
292 Facility Ops 1,700.00
293 Theatre Surcharge
310 Park Develpmt
320 Library Expansion 26.32
351 Public Safety 1,750.00
352 Infrastructure
353 Facility 765.00
354 Park and Trail 210.00
400 Library Debt
420 Leonard Creek
720 Cable TV
740 PD #3
800 Deposit Agency 3,119.67
e..ti~.,~~ i 486,878.06 11, 314.12
PAYROLL CHECKS: 630358-30384
TOTAL
Prepared by: Date:
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SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004
ORIGINATING DEPT: Community Development
PREPARED BY: Thomas Sullivan, AICP
AGENDA ITEM: ___,~~
CITY MANAGER: ~~~
DEPT HEAD:
SUBJECT: Amendment To City Code Sections 2-05.030 and 15-90.065 related to
Council Initiated Appeals
RECOMMENDED ACTION:
Waive second reading and adopt the Ordinance.
REPORT SUMMARY:
The two sections that are involved in the proposed amendment currently read as follows:
- (d) Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal
is filed, any two members of the City Council may initiate proceedings for review by the City
Council of any administrative determination or decision, which is appealable pursuant to this
Section. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or adjourned meeting of the City Council held within fifteen days after
the date on which the determination or decision is rendered. Upon such review being initiated,
the same procedure shall thereafter be followed as set forth in this Section and the Ciry Council
may take any action as provided in subsection (g) hereof.
15-90.065 Appeal upon initiative of City Councilmembers.
Regardless of whether a notice of appeal is filed pursuant to subsections 15-90.040(b) and 15-
90.050(b), any two members of the City Councff may initiate proceedings for review by the City
Council of any decision made by the Planning Commission, which is appealable under this
Article. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or adjourned meeting of the City Council held within fifteen days after
the date on which the decision is rendered. Upon such review being initiated, the same
procedure shall thereafter be followed as set forth in this Article and the City Council may take
any action as provided in subsection 15-90.070(c). (Ord. 71.83 4 7,1990)
Due to both the City Council and the Planning Commission regularly canceling one of their
meetings in August, a problem can occur if there is not a regular or adjourned Ciry Council
meeting during the fifteen calendar days following a Planning Commission action. The
proposed amendment would extend the fifteen days to the next regular or adjourned meeting of
the City Council. The amended section would read:
2-05.030 Appeals.
(Paragraphs (a) through (c) and (e) through (h) aze unchanged.) Pazagraph (d) is amended as
follows:
(d) Appea] upon initiative of City Councilmembers. Regardless of whether a notice of appeal is
filed, any two members of the City Council may initiate proceedings for review by the City
Council of any administrative determination or decision, which is appealable pursuant to this
Section. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or ~ e ' meeting of the City Council held within fifteen days after the
date on which the determination or decision is rendered 4t, if no regular or adiourned meeting
is held during that fifteen day neriod at the next regular or adiourned meeting of the Citv
Council. Upon such review being initiated, the same procedure shall thereafter be followed as
set forth in this Section and the City Council may take any action as provided in subsection (g)
hereof.
15-90.065 Appeal upon initiative of City Councilmembers.
Regazdless of whether a notice of appeal is filed pursuant to subsections 15-90.040(b) and 15-
90.050(b), any two members of the City Council may initiate proceedings for review by the City
Council of any decision made by the Planning Commission, which is appealable under this
Article. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or ~~~i l1 meeting of the City Council held within fifteen days after the
date on which the decision is rendered or if no regular or adiourned meeting is held during
that fifteen day neriod at the next regular or adiourned meeting of the City Counci .Upon
such review being initiated, the same procedure shall thereafter be followed as set forth in this
Article and the City Council may take any action as provided in subsection 15-90.070(c). (Ord.
71.83 § 7, 1990)
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Given the August schedules of both the City Council and Planning Commission, there is a
chance that no regular or adjourned City Council meeting will be held within fifteen days
following a Planning Commission meeting. This could negate a Council Members right to
Appeal a Planning Commission action.
ALTERNATIVE ACTION:
Leave the City Code as is.
2of3
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the Ciry of Saratoga within fifteen days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Draft Ordinance
3 of 3
DRAFTORDINANCE
AN ORDINANCE AMENDING ARTICLES 2-05.030 AND 15-90.065 RELATING TO
APPEALS UPON INITIATION OF CITY COUNCIL MEMBERS
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 will ensure that City Councilmembers are afforded
every reasonable opportunity to appeal a Planning Commission action.
Section 2. Adoption.
That Article 2-05.030 (d) is amended to read
(d) Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is
filed, any two members of the City Council may initiate proceedings for review by the City
Council of any administrative determination or decision, which is appealable pursuant to this
Section. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or special meeting of the City Council held within fifteen days after the
date on which the determination or decision is rendered or, if no regular or adjourned meeting is
held during that fifteen day period, at the next regular or adjourned meeting of the City Council.
Upon such review being initiated, the same procedure shall thereafter be followed as set forth in
this Section and the City Council may take any action as provided in subsection (g) hereof.
That Article 15-90.065 Appeal upon initiative of City Councilmembers is amended to read:
Regardless of whether a notice of appeal is filed pursuant to subsections 15-90.040(b) and 15-
90.050(b), any two members of the City Council may initiate proceedings for review by the City
Council of any decision made by the Planning Commission, which is appealable under this
Article. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or special meeting of the City Council held within fifteen days after the
date on which the decision is rendered or, if no regular or adjourned meeting is held during that
fifteen day period, at the next regular or adjourned meeting of the City Council. Upon such
review being initiated, the same procedure shall thereafter be followed as set forth in this Article
and the City Council may take any action as provided in subsection 15-90.070(c). (Ord. 71.83 §
7, 1990)
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase is held invalid, the City Councff declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the November 3, 2004, and was adopted by the following vote
following a second reading on the , 2004:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANN WAI,TONSMITH, MAYOR
ATTEST:
CATHLEEN BOYER, CITY CLERK
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004 AGENDA ITEM:
ORIGINATING DEPT.: Community Development CITY MANAGER: ~~~--
PREPARED BY: John F. Livingstone, AICP 'f L--DEPT. HEAD:
SUBJECT: FY 2004 - 2005 CDBG County/City Contract
RECOMMENDED ACTIONS:
1. Adopt a Resolution authorizing the City Manager to execute a $399,727.27 contract with
Santa Clara County for the FY 2004-2005 CDBG Program.
2. Approve a transfer of previously approved allocation of $33,990 to Project Match to the
Revolving Housing Rehabilitation Program.
BACKGROUND:
On March 3, 2004 the City Council authorized the submittal of eight FY 2004-2005 CDBG
funded projects totaling $166,440 and a transfer of a prior yeaz CDBG allocation of $25,061.81
from the Sanitary Sewer Connection Ordinance Project to housing rehabilitation loan program.
At the beginning of each fiscal year, the County requests that cities receiving funds through the
"Urban County Program" enter into a contract regarding the receipt and expenditure of these
funds. The contract establishes the recipient cities' responsibilities and identifies new programs
to be funded as well as identifying on-going programs and any "carry-over" of prior year's
CDBG funds.
There is always a delay in approving the new County/City contract as the County Counsel and
each participating City Attorney review the contract in early fall. In addition, the program year
does not officially close-out until mid-summer when the County and each city determine what
carry-over funds are available for each project. The City Attorney has reviewed and approved the
FY 2004-2005 CDBG County/City contract.
Staff is also requesting that the City Council approve a transfer of the allocation granted to
Project Match for FY 2004/05 to the Revolving Housing Rehabilitation Program. Subsequent to
the Council approved allocation of $33,990 for FY 2004/05, Project Match submitted a letter
(attached) on March 22, 2004 explaining that it would no longer be able to operate its senior
group home at Blauer Dr. For the past several years, the City contributed CDBG funds to Project
Match to cover the costs of payments incurred in renting the home on Blauer Dr. This summer,
the homeowner decided to sell the Blauer Dr. property, leaving Project Match with no other
financially feasible options to operate senior group housing in Saratoga.
Staff anticipates increasing activity in the Revolving Housing Rehabilitation Program, and
therefore requests a transfer of $33,990 initially allocated to Project Match to this program. Staff
will assess if these funds are expended at the end of FY 04/05, and will then determine whether
to seek City Council approval to transfer these funds to another CDBG eligible project.
FISCAL IMPACT:
If the City signs the County/City CDBG Contract, then the City becomes eligible to receive a
new allocation of $166,440 in CDBG funds. In addition, the City will have access to unexpended
funds in the amount of $233,287.27 from prior fiscal years for eligible FY 2004-2005 CDBG
activities.
ALTERNATIVE ACTION:
If the City does not sign the County/City Contract, this would jeopardize the City's receipt of FY
2004-2005 CDBG funds as well as carry-over CDBG funds. In addition, without the new CDBG
funds, the City may have to fund previously approved CDBG activities with General Funds.
FOLLOW UP ACTION:
Forward four signed copies of the County/City contract to Santa Clara County.
ATTACHMENTS:
1. Resolution
2. Letter from Project Match, dated March 22, 2004
3. FY 2004-2005 County/City Contract
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF SARATOGA
AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY
FOR THE FY 2004-2005 COMMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the County has agreed to the use by the City, as subrecipient, of a portion of
County's CDBG Entitlement Program funds to be operated within the County to benefit very low
and low income households; and
WHEREAS, the City has previously entered into a Joint Powers Agreement with Santa
Clara County under the Housing and Community Development Act; and
WHEREAS, the Saratoga City Council on Mazch 3, 2004 approved the expenditure of
$166,440 in CDBG funds for fiscal year 2004-2005 for the following projects:
SASCC -Adult Day Care Program $36,288.00
SASCC -Senior Cent. Bldg. Storage addition to rear of bldg. $2,000.00
SASCC -Modular Bldg. Sink and Door only $2,000.00
Project Match -Long Term Lease Senior Residence $33,990.00
City of Saratoga -SHARP Revolving Housing Rehab Progam $7,162.00
City of Saratoga -Program Administration $15,000.00
Hakone Foundation - ADA Improvements per Lease Agreement $50,000.00
County of Santa Clara -County Rehabilitation Assistance $20,000.00
New CDBG 2004-2005 funded projects: $166,440.00
WHEREAS, the Saratoga City Council on March 3, 2004 approved the CDBG
reallocation in the amount of $25,061.81 from a prior year Sanitary Sewer Connection Ordinance
project (SA-O1-21) to the SHARP Revolving Housing Rehabilitation Loan Program fund; and
Total funds reallocated from prior year CDBG Project to new
2004-2005 project: $25,061.81
WHEREAS, the City Council approves the expenditure of carry-over CDBG funds for
the following projects; and
ADA Hakone Gardens (SA-02-41) $21,162.50
ADA Hakone Gazdens (SA-03-41) $50,000.00
SASCC -Automatic Doors $10,104.00
County of Santa Claza -County Rehabilitation Assistance $20,000.00
SHARP Revolving Housing Rehabilitation Program $56,958.96
Hakone Foundation - ADA Improvements per Lease Agreement $50,000.00
Total carry-over of funded projects from prior years: $208,225.46
WHEREAS, the City Council approves the transfer of $33,990, originally approved for
allocation to Project Match in FY 2004/05 to the Revolving Housing Rehabilitation Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sazatoga
hereby authorizes the City Manager to execute said CDBG County/City Contract in the total
amount of $399,727.27 for fiscal year 2004-2005.
PASSED AND ADOPTED this 18th day of November, 2004, by the following roll call
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
L~ L+
m ro~`h
n
512 Valley Way Milpitas, CA 95035 (408) 416-0271 FAX (408) 416-0278
Our Mission: To.help seniors meet their affordable housing needs in our community
D ~~~~~~
March 22, 2004 D
MAR 2 3 2004 D
Ms. Lata Vasudevan, Assistant Planner
Mr. John Livingstone, Associate Planner ~.,""Mnrv,wnEV~~pPM~,,.
City of Saratoga
13777 Fruitdale Ave.
Sazatoga, CA 95070
RE: NOTICE OF TERMINATION OF SARATOGA SENIOR GROUP RESIDENCE
It is with much sadness that I write to tell you that Project Match has decided to terminate our
Senior Group Residence Program in Sazatoga effective June 30, 2004. Please accept this notice.
As I had reported earlier the owner of the house at 20218 Blauer Dr. had it up for sale since the
end of February. He accepted an offer eazly last week. During the past week I have been looking
at rental housing in Sazatoga and found one 5 bedroom home for which the rent would be $3,000
a month. There are a couple of 3 bedroom and one 4 bedroom homes for rent as well -- all at
mazket rate. I have seen the 5 bedroom and a 3 bedroom.
Our current rent is $2,750 for which the City of Saratoga provides a grant. Each year since 1991,
~r the yeaz in which we established the Senor Group Residence Program in Saratoga, the City has
covered the lease payment that we make td the owner. Beginning in July 2003 (this current fiscal
year) the City (in order to come into compliance with HUD regulations) limited the amount of
rent we could charge to an amount equal to or less than 30% of the resident's income. Other than
the City's grant to cover the lease cost the owner we have no other subsidies and as a result we
aze collecting very small rents and incurring an increasing operational deficit on the house.
Through February 29 the house is operating at a $9,919 loss. Annualized this amounts to a
projected loss of $14,879 for this fiscal year.
Renting at market rate without rent subsidy and having resident rent capped at 30% of income,
even with the City paying the lease amount, results in a large operating deficit even with a 5
bedroom house. Fewer bedrooms would increase the operating deficit. The two owners with
houses currently on the market who I have spoken with are willing to sign a lease for a maximum
of 5 yeazs. This arrangement could mean that in 5 years we may be faced with having to find
another house. They aze also talking about rent increases to keep pace with the market. Given the
Federal and State budget situation the City of Saratoga is of course unable to guarantee they
would be able to cover the cost of escalating market rate rents through our current lease subsidy
grant. And currently the City has no available property which would work for our Senor Group
Residence Program.
There are currently 5 residents living at the Senior Group Residence in Saratoga. One of the 5
gave us a 30 day notice and will be moving in March. We currently have 2 vacancies in our
system and this will be offered to the 4 remaining residents on a seniority basis: Depending on
IYLj~I Capital funds provided by: the City of Campbell, City of Santa Clara, City of Mountain View, Ciry of Sunnyvale,
~~'77 County of Santa Clara. Other funding provided by: City of Sunnyvale, Ciry of Saratoga and various Corporations,
4 I Inuorl \hlmi Ar.cnrv Fmindatinne and Individual Donnrs.
the desires and needs of our residents, we will work with our partners and through our resources
to find housing for al] our current residents. We believe we can accomplish this within the 90
days we will have before the termination date.
Given these circumstances our Board has decided to terminate the Sazatoga Senor Group
Residence Program effective June 30, 2004. Project Math would want to continue to work with
the City to enter into some kind of agreemenUdeal that would result in the establishment of a 5
bedroom home with sufficient subsidies to allow us to break even on the cost of operations for a
Saratoga Senior Group Residence Program. I imagine, in the best case, it would take until July
2005 to put such a deal together.
The support of the City of Saratoga over the past 12 yeazs has been awesome. This affordable
housing program for seniors in the City has been wonderful for our residents providing
affordable housing in a fine neighborhood setting neaz shopping and public transportation. It was
a very fine setting for our seniors. Fortunately it appeazs that they all will be able to continue in
housing with Project Match and continue to pay just 30% of their income for rent. My Boazd and
I extend out thanks and appreciation for our past partnership. We hope we will be able to put
something together within a short time that will again provide affordable housing for very very
low income seniors in Saratoga.
r~
U
Director
..../
COMMUNITY DEVELOPMENT BLOCK GRANT
COUNTY/CITY CONTRACT
Contract No.SA-05-00
THLS Contract is made and entered into pursuant to the Catalog of Federal Domestic Assistance
(CFDA) 14.218 by and between the COUNTY OF SANTA CLARA, a political subdivision of
the State of California (hereinafter "COUNTY"), and the CITY/TOWN OF SARATOGA
(hereinafter "CITY") participating as a member of the County of Santa Claza COMMUNITY
DEVELOPMENT BLOCK GRANT (hereinafter "CDBG' Joint Powers Agreement. The
allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the allocation
and disbursement of CDBG funds to CITY on May 4.2004.
WITNESSETH
WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States
Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction
pursuant to the provisions of Title 1 of the Housing and Community Development Act of 1974,
as amended; and,
WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of
COUNTY'S CDBG entitlement for a housing and community development program to be
_ operated within COUNTY and which shall benefit low and very low income households;
NOW, THEREFORE, the parties agree as follows;
I. PROGRAM
COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as
defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a
subrecipient of the County being the sum of Three hundred ninety-nine thousand seven
hundred twenty-seven and 27/100 Dollazs ($399 727.27 for the purpose of reimbursing the
City for costs incurred to implement the housing and community development program
(hereinafter "PROGRAM'. PROGRAM is defined as projects and activities funded with this
allocation by the CITY and described in detail in Exhibits "A" through "H." A lump sum figure
is allocated for this Contract and the parties understand and agree that the allocation is distributed
by the COUNTY through reimbursing the CITY for allowed expenses, and no lump sum
distribution of CDBG funds is made at the outset of this Contract. Reimbursement for Fiscal
Year 2004/05 shall not exceed the total sum of the beginning fiscal yeaz Cash Control Sheet
(fiscal year CDBG allocation of funds to CTfY, and roll-over of unexpended CDBG funds from
previous yeazs allocations to CTI'Y). CITY is granted authority to also expend funds for eligible
CDBG Housing activities from its approved rehabilitation program revolving loan fund account,
including accrued Program Income. Such authority is based on CITY and its subrecipients being
in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the
COUNTY CDBG Reallocation Guidelines.
Santa Clara County ~ FY 04105 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
As a condition of this Contract, CITY has provided numerous exhibits mazked "A" through "D"
as noted herein, attached to this Contract, incorporated by this reference, as though fully set forth
as follows: Exhibit "A" (Agency Description), Exhibit "B" (Project Work Plan), Exhibit "C"
(Proposed Implementation Time Schedule), and Exhibit "D" (Budget). Attached hereto and
incorporated herein are the County's Exhibits as follows: Exhibit "E" (Certifications), Exhibit
"F" (Assurances), Exhibit "G" (Insurance), if applicable, Exhibit "H" (Urban County
Rehabilitation Services), and Exhibit "P' (Contracting Principles Declazation) for all allocated
CITY projects and activities awazded funding during Fiscal Year 2004/05.
II. TERM
A. The purpose of this Contract is for the COUNTY to disburse CDBG funds. Unless
amended prior to its expiration, the term of this Contract for disbursement purposes will
begin on July I, 2004 and will temunate on June 30, 2005, or unless terminated eazlier
pursuant to Section VI or Section VII of this Contract. Invoices requesting
disbursements submitted after the expiration of the contract will be honored only for
charges incurred during the Contract term and received prior to the processing cut-off
date.
B. The term of expenditure by CITY for the grant amount provided for herein shall begin on
Julv 1, 2004 and terminate on the earliest of the following dates as set forth herein:
June 30, 2005, or later date per amendment to this Contract; the date of the expenditure
of the total grant, and/or program income amount provided for herein; upon the
termination date established pursuant to Section VI or Section VII of this Contract.
III. OBLIGATIONS OF CITY
A. Certifications by CITY:
1. City must provide COUNTY with written certification that the following
information is on file at the CITY offices, and is subject to monitoring by HUD
and/or COUNTY (County's Housing and Community Development Department,
"OAH'~ OAH staff, or their representatives.
a. Names and addresses of the current CITY Manager and CITY Council
members; and
b. Records of all discussions and actions taken at CITY Council meetings
pertaining to the CDBG PROGRAM.
c. Information and housing objectives for the Consolidated Plan at the
beginning of each program year.
Santa Clara County 2 FY 04/05 City/County Contract
Office of Affordable Housing
Community Development Hlock Grant Program
B.
C
PROGRAM Performance by CITY.
1. Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting
low and very low income households.
2. File quarterly reports with COUNTY detailing adherence to the PROGRAM as
described in Exhibits "A" through "D." The reports must document services
rendered by the PROGRAM, describe the beneficiaries of the services, and
evaluate the manner in which the PROGRAM is achieving its objectives and goals
as a participating non-entitlement CITY.
3. Utilize minority and/or female owned business, vendors, suppliers, and
contractors to the maximum extent feasible, for items funded pursuant to this
Contract, in accordance with County policy.
Fiscal Responsibilities of CITY.
1. Identify the CTTY's fiscal agent who is responsible for financial activities of
CITY, including the receipt and disbursement of CITY CDBG funds. CITY will
notify COUNTY in writing of the appointment of any subsequently appointed
fiscal agent and that agent's name.
2. Maintain an accounting system that conforms with generally accepted principles
of accounting. The accounting system is subject to review and approval of
COUNTY.
3. Comply with the audit requirements of OMB Circular A-133 which require
compliance with the Single Audit Act for any subrecipient expending $300,000 or
more of federal funds for the fiscal yeaz.
4. Document all PROGRAM costs by maintaining records in accordance with
Section III, Paragraph D below.
5. Submit to the COUNTY documented requests for reimbursement.
6. Certify current and continuous insurance coverage of CITY, subject to approval of
COUNTY and in accordance with requirements as outlined in Exhibit G
"Indemnity and Insurance Requirements;" and obtain certificate of insurance from
all subrecipients which will list CITY as additional insured.
7. Subpazagraph C. 1) through 6) above are express conditions precedent to
disbursement of any COUNTY funding and failure to comply with these
conditions may, at the discretion of COiJNTY, result in the suspension of funding
or termination of specific projects in non-compliance; or initiate the suspension of
funding or termination of this Contract as provided for herein.
Santa Clara County ,j FY 04/05 City/County Contract
Office of F.tfordable Housing
Community Development Block Grant Program
If CITY does not use CDBG funds in accordance with this Contract, CTTY is
liable for repayment of all disallowed costs and ineligible activities. Disallowed
costs and ineligible activities maybe identified through audits, monitoring or
others sources. CITY will be required to respond to any adverse fmdings which
may lead to disallowed costs, subject to provisions of OMB Circulaz A-87, "Cost
Principles for State and Local Governments," and A-133, "Single Audits of State
and Local Governments." CITY is required to respond to any adverse findings
which may lead to ineligible activities, subject to provisions of 24 CFR Part
570.201-206 "Eligible Activities" and 24 CFR Part 570-207 "Ineligible
Activities."
D. Establishment and Maintenance of Records by City
1. Maintain complete and accurate records of all its CDBG transacfions including,
but not limited to, contracts, invoices, time cazds, cash receipts, vouchers,
canceled checks, bank statements, client statistical records, personnel, properly
and all other pertinent records sufficient to reflect properly;
2. All direct and indirect costs of claims incurred or anticipated to be incurred to
perform this Contract or to operate the PROGRAM; and
E. Preservation of Records. CITY will preserve and make available its records:
Until five years following expiration of this Contract, or
2. For such longer period, if any as is required by applicable law; or
If this Contract is completely or partially terminated, the records relating to the
work terminated shall be preserved and made available for a period of five yeazs
from the date of termination.
F. Examination of Records:
1. At any time during normal business hours, and as often as maybe deemed reasonably
necessary, CTTY agrees that HUD and the COUNTY, and/or any authorized
representatives may have access to and the right to examine Subrecipient CDBG records
and facilities until expiration of:
(a) five years after expiration of this Contract;
(b) five yeazs from the date of termination of this Contract; or
(c) such longer period as may be prescribed bylaw.
2. The CTfY must provide language in its Contracts with all Subrecipients stipulating
that at any time during normal business hours, and as often as maybe deemed reasonably
Santa Clara County ¢ PY 04/05 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
necessary, Subrecipient agrees that HUD and the COUNTY, and/or any authorized
representatives may have access to and the right to examine Subrecipient CDBG records
and facilities until expiration of:
(a) five yeazs after expiration of this Contract;
(b) five yeazs from the date of termination of this Contract; or
(c) such longer period as may be prescribed bylaw.
3. CITY also agrees that COUNTY and any authorized representatives has the right to
audit, examine, and make excerpts or.transactions of and from,, such records and to make
audits of all contracts and subcontracts, invoices, payrolls, records of personnel,
conditions of employment, materials and all other data relating to the PROGRAM and
matters covered by this Contract. CITY will be notified in writing of intended audits.
CITY will be notified in writing of intended inspections of records and facilities and of
intended audits no less than three business days before such inspections or audits. CITY
is required to respond in writing to the OAH Du•ector any audit findings within 30 days of
receipt of written audit findings. Responses will be included in the final audit report.
G. Compliance with Law. CITY staff will become familiar and comply with and require all
its subcontractors, independent contractors and employees, if any, to become familiaz
and comply with all applicable Federal, State and local laws, ordinances, codes,
Regulations and decrees including, but not limited to, those Federal rules and
Regulations, executive orders, and statutes identified in "F" ASSURANCES.
Specifically, CITY will comply with the requirements of OMB Circulaz No. A-87,
"Principles for Determining Costs Applicable to Grants and Contracts with State, Local
and Federally Recognized Indian Tribal Governments," and OMB Circular A-133
"Audits of State and Local Governments."
In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this
Program..
H. .Suspension and Termination. In accordance with 24 CFR 85.43, suspension or
temunation of this Contract may occur if the CITY materially fails to comply with any
term of this Contract, and that the contract maybe terminated for convenience or cause in
accordance with 24 CFR 85.44 and Sections VI and Section VII below.
Reversion of Assets. Upon expiration or termination of this Contract, or in the event
HUD cancels its Program for any reason, the CITY will transfer to the COUNTY any
CDBG funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under the CTTY's control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to
CITY in the form of a loan) in excess of $25,000 must be:
Santa Clara County 5 FY 04105 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
Used to meet one of the national objectives stated in Title 24 CFR part 570.208
for a period of five years after expiration of this Contract, or for such longer
period of time as required by the COUNTY; or,
2. Reimburse the COUNTY an amount equal to the current market value of the
property, less any portion of the value attributable to expenditures ofnon-CDBG
funds for acquisition of, or improvement to, the property (reimbursement is not
required after the period of time specified in I. 1. above).
IV. OBLIGATIONS OF COUNTY
A. Method of Payment. During the term of this Contract, COUNTY will disburse CDBG
funds to CITY on a reimbursement basis, unless otherwise provided herein, for all
allowable costs and expenses incurred in connection with the PROGRAM.
Reimbursement will not exceed the total sum of Three hundred ninety-nine thousand
seven hundred twenty-seven and 27/100 Dollars ($399 727.2 as stated in the fiscal
yeaz Cash Control Record document plus all Program Income accrued during the fiscal
yeaz.
Reimbursement maybe retained, in part or in full, by COUNTY, in the event of CTTY'S
non-compliance to PROGRAM regulations and conditions. Substantial non-compliance
includes, but is not limited to, incomplete documentation of expenses, failure to submit
adequate documentation of PROGRAM progress as described in III, paragraph B.2, of
this Contract, failure to provide and maintain an accounting system that is in conformance
with generally accepted principles of accounting, or based on the suspension or
termination of the Grant to COUNTY made pursuant to the Housing and Community
Development Act of 1974, as amended.
B. 1n the case of CITY substantial non-compliance prior to exercising any recourse
authorized herein, COUNTY will initiate the following procedure:
Notify the CITY Coordinator in writing of the alleged substantial non-compliance
and request an immediate meeting between CITY Coordinator and COUNTY
OAH Director to resolve issue(s). If issue(s) is(aze) not resolved satisfactorily
within thirty (30) days, notify CITY Manager in writing requesting an immediate
meeting between CITY Manager, CITY Coordinator and COUNTY OAH
Director to resolve the issue(s).
2. Determine if any portion of the reimbursement request meets all eligible criteria,
and if so, authorize payment for the eligible portion of the reimbursement request;
3. Review the procedure to be followed pursuant to V. C. of this Contract
(CONTRACT COMPLIANCE, Corrective Action Procedure); and
Santa Claza County 6 FY 04/05 City/County Contract
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4. If applicable, forwazd a written report to HUD's Regional Office detailing the
substantial non-compliance issues and the steps being instituted to correct
performance, copy to the CITY Manager.
C. Compliance with Law. COUNTY shall become familiar and comply with and require all
its subcontractors and employees, if any, to become familiar and comply with all
applicable Federal, State and local laws, ordinances, codes, regulations and decrees
including, but not limited to, those Federal rules and regulations, executive orders, and
statutes identified in "F" ASSURANCES. Specifically, COUNTY shall comply with the
requirements of OMB Circulaz No. A-87, "Principles for Determining Costs Applicable
to Grants and Contracts with State, Local, Federally recognized Indian Tribal
Governments," and OMB Circulaz A133 "Audits of State and Local Governments."
In addition, COUNTY will, comply with Federal Regulations as cited in 24 CFR Part 570,
Subpart J, and 24 CFR Part 85, and all other Local, State or Federal laws applicable to
this PROGRAM.
V. PROGRAM COORDINATION
A. The COUNTY Executive has assigned the OAH Director to supervise the progress and
performance required by this Contract. All services performed by COUNTY will be at
the overall direction of the OAH Director.
B. CITY has designated ~^ u ~I ~ L i V 1 of G5 ~ oN 6 o serve as CITY CDBG
Program Coordinator, and City Manager U~V 1r AND its o N
(or assignee approved by the CITY Council) assumes overall responsibility for the
progress and performance of this Contract. CITY will immediately notify the COUNTY
in writing, of the appointment of a new CITY CDBG Program Coordinator, or a new
CITY Manager (or assignee approved by the CITY Council).
C. NOTICES. All notices or other correspondence required or contemplated by this
Contract must be sent to the parties at the following addresses:
COUNTY: Marjorie Matthews, Director .
Office of the County Executive
Office of Affordable Housing
Housing and Cornmunity Development Program
1735 North First Street, Suite 265
San Jose, CA 95112
Santa Clara County ] FY 04/05 City/County Contract
OtTce of Affordable Housing
Community Development Block Grant Progam
CITY: C I i Y o~ S P~ Iz/-t ~ oG ~
Name of CTTY
13~~~ ~(L~ 1 ~ va 1-E A ys .
Address of CTTY
5~ K/~.-f n4A CA 95U-~-b
Address of CTTY (Continued)
(~,~ V E A /.I DL RSO1~
Name of CITY Manager
All notices must either be hand delivered or sent by United States mail, registered or certified,
postage prepaid. Notices given in such a manner will be deemed received when hand delivered or
seventy-two (72) hours after deposit in the United States mail. Any party may change his or her
address for the purpose of this section by giving five days written notice of such change to the
other party in the manner provided in this section.
VI. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM
performance is the mutual responsibility of COUNTY and CTTY, with the understanding
that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM
requirements. CITY will famish data, statements, records, information and reports as
mutually agreed to by CTTY and COUNTY as necessary for COUNTY to monitor, review
and evaluate the performance of the PROGRAM and its components. COUNTY has the
right to request the services of an outside agent to assist in any such evaluation. Such
services will be paid for by COUNTY.
B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract
(24 CFR 85.43 "Enforcement"), COUNTY has the right to temunate this Contract or to
require corrective action to enforce compliance with such provision. Examples of non-
compliance include but aze not limited to:
L If CTTY (with or without knowledge) has made any material misrepresentation of
any nature with respect to any information or data furnished to COUNTY in
connection with the PROGRAM.
2. If there is pending litigation with respect to the performance by CTTY of any of its
duties or obligations under this Contract which may materially jeopazdize or
adversely affect the undertaking of or the carrying out of the PROGRAM. The
CITY and COUNTY may negotiate a reinstatement of this Contract following
termination or conclusion of such litigation.
3. If CTTY has taken any action pertaining to the PROGRAM, which action required
COUNTY approval, and such approval was not obtained.
4. If CITY is in default pursuant to any provision of this Contract.
Santa Clara County $ PY 04/05 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
5. If CITY makes improper use of COUNTY funds.
6. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation
Guidelines, or the Joint Powers Agreement currently in full force and effect
between the parties hereto.
C. Corrective Action Procedure. COUNTY, in its absolute discretion and in lieu of
immediately terminating this Contract upon occurrence or discovery of noncompliance by
CITY pursuant to this Contract, will have the right to give CITY notice of COUNTY'S
intention to consider corrective action fo enforce compliance. Such notice must indicate
the nature of the non-compliance and the. procedure whereby CITY will have the
opportunity to participate in formulating any corrective action recommendation
hi the event that CITY does not implement the corrective action recommendations in
accordance with the corrective action timetable, COUNTY may suspend payments
hereunder or terminate this Contract as set forth in Section VII below.
Once non-compliance is established, the following procedure will be initiated:
1. COUNTY OAH Director and CITY Manager will negotiate a time frame and
course of action for correcting the non-compliance
2. CITY will provide COUNTY with a written plan d time frame for coaecting
the non-compliance issue (s). Such plan must be s bmitted by CITY to COUNTY
within thirty (30) days of the initial non-compliance meeting between CITY and
COUNTY;
3. CITY must initiate the corrective action procedure within sixty (60) days of the
initial non-compliance meeting between the COUNTY OAH Dtrector and the
CITY Coordinator (COUNTY, at their discretion, may extend this time line for
extenuating circumstances);
4. COUNTY will have the right to require the presence of CITY officers at any
hearing or meeting called for the purpose of considering corrective action; and
5. CITY has the right to appeal all findings ofnon-compliance, and subsequent
corrective action, with both the COUNTY Board of Supervisors and HUD.
VII. TERMINATION
A. Termination for Cause. COUNTY may terminate this Contract by providing written
notice stating the date of termination, to CITY for any of the following reasons:
1. Uncorrected Contract non-compliance as defined in VI, B which has not been
Santa Clara County 9 FY 04/05 City/County Contract
Office of Atrordable Housing
Community Development BlockGrant Program
addressed or resolved within the aforementioned corrective action plan time
period;
2. If CITY is in bankruptcy or receivership;
If a member of CTTY'S Executive Management staff is found to have committed
fraud in connection with the CDBG program (termination is applicable only to
that portion of the CDBG program for which the person who committed fraud is
responsible);
4. If there is reliable evidence that CITY is unable to operate the PROGRAM.
B. Termination for Convenience. lrr addition to the COUNTY'S right to terminate for cause
as set forth in Section VII, either COUNTY or CITY may suspend or terminate this
Contract for any reason upon mutual consent by giving thirty (30) days prior written
notice to the other party. Upon receipt of such notice, performance of the services
hereunder will be immediately discontinued.
C. In addition to the COUNTY'S right to terminate for cause set forth in Section VII, either
COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR
570, at Subpart 7 "Grant Administration," and/or 24 CFR 85.44 "Termination for
Convenience." Provisions of the Reallocation Guidelines ill apply, but maybe adjusted
if termination is for cause.
D. Upon termination, CITY will:
1. Be reimbursed for all documented allowable costs and expenses incurred in
connection with the Project up to the date of such termination. COUNTY shall be
obligated to compensate CITY only for allowable costs and expenses as
determined by an audit or other monitoring method;
2. Turn over to COUNTY immediately any and all copies of studies, reports
and other data, whether or not completed, prepazed by CITY or its subcontractors,
if any, in connection with this Contract. Such materials shall become property of
COUNTY. CITY, however, shall not be liable to COUNTY'S use of incomplete
materials or for COUNTY'S use of completed documents if used for other than
the services contemplated by this Contract; and
3. Transfer to the COUNTY any CDBG funds on hand and any accounts receivable
attributable to the use of CDBG funds. All assets acquired with CDBG funds
shall be returned to the COUNTY unless otherwise negotiated by sepazate
contract per the provisions of the COUNTY CDBG REALLOCATION
GUIDELINES.
Santa Clara County 1 Q FY 04/05 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
E. Upon termination of this Contract, CITY will immediately provide COUNTY access to
all documents, records, payroll, minutes of meetings, correspondence and all other data
pertaining to the CDBG entitlement fund granted to CITY pursuant to this Contract.
VIII. PURCHASING REAL OR PERSONAL PROPERTY
CITY and COUNTY must comply with all applicable Federal Regulations as detailed by 24 CFR
Part 570, Subpart 7, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients),
570.504 (Program Income), and 570.505 (CTse of Real Property), with regazds to the use and
disposal of Real or Personal Property purchased in whole, or in part, with CDBG funds.
In addition, 24 CFR Part 85 (the Common Rule) includes definitions which apply to CDBG Real
Property, however, the Common Rule section governing Real Property (CFR 85.31) DOES NOT
APPLY TO CDBG ACTTVTTIES.
A. The following definitions apply to this Contract pursuant to 24 CFR, Part 58
(Common Rule) 85.3:
1) Equipment means tangible, non-expendable, personal property having a
useful life of more than one yeaz and an acquisition cost of $5,000 or more
per unit.
2) Title as defined in detail in 24 CFR, Part 85.32 (a).
3) Use as defined in detail in 24 CFR, Part 85.32 D (1).
4) Supplies as defined in detail in 24 CFR, Part 85.33.
5) Procurement, Use and Disposition of Real Property as defined in detail
by 24 CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (iJse
of Real Property), and 570.504 (Program Income).
B. Security Document. As a condition precedent to COUNTY granting funds for the
purchase of real property or an option to purchase real property, CITY will prepare and
require its subreceipient(s) to execute a Loan Agreement, Promissory Note, Deed of Trust
and Such other Contracts restricting the use of said real property for purposes consistent
with this Contract, HiJD and CDBG requirements.
C. Grants. If a grant is provided for the acquisition of real property, CITY will require its
subreceipients(s) to continually operate its Project for a minimum period of six (6) years
from the effective date of this Contract. This obligation will survive the term of Cities
contract with its subreceipient(s), the assignment or assumption of this Contract and the
sale of the property prior to expiration of the obligation period as set forth in this
paragraph. If this obligation is not fully met, CITY may be required to reimburse the
COUNTY. The COUNTY may consider, but will not be limited by, the following factors
in calculating the reimbursement obligation: initial grant sum; the duration of the initial
Santa Clara County 1 ~ F'Y 04/05 City/County Contract
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Community Development Block Grant Program
contractual obligation to operate the Project versus the actual duration of operation; and
the appreciated value.
D. Relocation, Acquisition, and Displacement. CITY agrees to comply with 24 CFR
570.606 relating to the acquisition and disposition of all real property utilizing CDBG
funds, and to the displacement of persons, businesses, and non-profit organizations as a
direct result of any acquisition of real property utilizing CDBG funds. CITY agrees to
comply with applicable state laws, County Ordinances, Resolutions, and Policies
concerning displacement of individuals from their residences.
IX. PROGRAM INCOME
Income generated by the Project is Progam Income and shall be regulated by all provisions of
Title 24 CFR 570 Subpart J "Grant Administration," 570.503 "Agreements with Subrecipients,"
and 570.504 "Program Income." In addition, all provisions of the COUNTY REALLOCATION
GUIDELINES apply to this Contract. CITY must quarterly report all program income generated
by activities carried out with CDBG funds made available under this Contract. By way of further
limitations, CITY may use such income during the Contract term for activities permitted by this
Contract and shall reduce requests for additional funds by the amount of any such program
income balances on hand. All unused program income will be returned to the COUNTY at the
end of the Contract term with the exception of Rehabilitation Loan payments.
X. INDEPENDENT CONTRACTOR
This is a Contract by and between independent contractors and is not intended and will not be
construed to create the relationship of agent, servant, employee, partnership, joint venture or
association between CITY and COUNTY. CITY, including its officers, employees, agents,
independent contractors or subcontractors, will not have any claim arising from the terms of this
Contract or otherwise against COiJNTY for any Social Security, Worker's Compensation, or
employee benefits extended to employees of COUNTY.
XI. ASSIGNABILITY
A. None of the work or services to be performed hereunder maybe assigned, delegated or
subcontracted to third parties without the prior written approval of COUNTY. Copies of
all third party contracts must be submitted to COUNTY at least ten days prior to the
proposed effective date. In the event COUNTY approves of any such assignment,
delegation or sub-contract, the subcontractors, assignees or delegates will be deemed to
be employees of CITY, and CITY will be responsible for their performance and any
liabilities attaching to their actions or omissions.
B. This Contract may not be assumed nor assigned to another CITY, person, partnership or
any other entity without the prior written approval of COiJNTY. The use of the word
"employees" in this paragraph is limited solely to activities by those persons described
herein, related to the management and potential repayment of the program funds provided
Santa Clara County 12 FY 04/05 City/County Contract
Office of Affordable Housing
Community Development Block Grant Program
for in the Contract. The use of the term here does not create liability for personal injuries,
worker's compensation or other forms of liability, obligation or responsibility which flow
from employee/employer relationships.
XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
COUNTY and CITY agree to maintain the confidentiality of any information regarding
applicants for services offered by the PROGRAM pursuant to this Contract or their immediate
families which maybe obtained through application forms, interviews, tests, reports from public
agencies or counselors, or any other source. Without the written permission of the applicant, such
information maybe divulged only if permitted bylaw or as necessary for purposes related to the
performance or evaluation of the services and work to be provided pursuant to this Contract, and
then only to persons having responsibilities pursuant to this Contract, including those famishing
services for the PROGRAM through approved subcontracts.
XIII. HOLD HARMLESS
In addition to the indemnity obligations set forth in Exhibit G, "Indemnity and Insurance
Requirements," CITY must indemnify and hold harmless the COUNTY, its employees, agents,
and officials, members of boards and commissions, from any and all claims, actions, suits,
chazges and judgments whatsoever, with respect to any damages, including attorney's fees and
court costs, arising out of the failure of the CTTY's PROGRAM or its subreceipient(s) failure (for
CITY) to comply with applicable laws, ordinances, codes, regulations and decrees, including
without limitation those set forth in Exhibit E, "Certifications."
XIV. WAIVER OF RIGHTS AND REMEDIES
In no event will any payment by COUNTY constitute or be construed to be a waiver by
COUNTY of any breach of the covenants or conditions of this Contract or any default which may
then exist on the part of CITY, and the making of any such payment while any. such breach or
default exists will in no way impair or prejudice any right or remedy available to COUNTY with
respect to such breach or default. In no event will payment to CITY by COUNTY in any way
constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to
CITY on any item which is not eligible for payment from the PROGRAM or this Contract.
XV. NON-DISCRIMINATION
CITY will comply with all applicable Federal, State and local laws and regulations including
Santa Clara County's policies concerning nondiscrimination and equal opportunity in
contracting. Such laws include but aze not limited to the following: Title VII of the Civil Rights
Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of
1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code
sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CITY will not
discriminate against any subcontractor, employee, or applicant for employment because of age,
race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability,
Santa Clara County ~ 3 FY 04/05 Ciry/County Contract
Office of Affordable Housing
Community Development Block Grant Program
physical disability, medical condition, political beliefs, organizational affiliations, or marital
status in the recruitment, selection for training including apprenticeship, hiring, employment,
utilization, promotion, layoff, rates of pay or other forms of compensation. Nor will CITY
discriminate in provision of services provided under this contract because of age, race, color,
national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical
disability, medical condition, political beliefs, organizational affiliations, or marital status.
This non-discrimination provision must be included in CTTY's contracts with its subrecipient(s)
and vendors when utilizing the CDBG funds.
XVI. AMENDMENTS
A. Amendments to the terms or condifions of this Contract must be requested in writing by
an authorized representative of the party desiring amendments, and any amendment will
be effective only upon the mutual agreement in writing of the parties hereto.
Amendments will not invalidate this Contract, nor relieve or release the COUNTY or the
CTTY from its obligations under this Contract.
B. During the Contract term; CTTY may choose to transfer funds within the PROGRAM
described in Exhibits "A through D." Fund transfers exceeding $10,000 as well as new
projects added to CTTY's PROGRAM, require COUNTY'S approval and may require an
amendment to this Contract.
XVII. INTEGRATED DOCUMENT
This Contract, in conjunction with the Santa Claza County CDBG Joint Powers Agreement,
contains the entire agreement between COUNTY and CTTY with respect to the subject matter
hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers
Agreement, with any officer, agent or employee of COUNTY prior or subsequent to execution of
this Contract will affect or modify any of the terms or obligations contained in any documents
comprising this Contract.
XVIII. MISCELLANEOUS
A. The captions and section headings used in this Contract aze for convenience of reference
only, and the words contained therein in no way explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Contract.
B. All exhibits attached hereto and referred to in this Contract aze incorporated herein by this
reference as if set forth fully herein. Exhibit "A" (Agency Description), Exhibit `B"
(Project Work Plan), Exhibit "C" (Proposed Implementation Time Schedule), Exhibit
"D" (Budget), Exhibit "E" (Certifications), Exhibit "F" (Assurances), Exhibit "G"
(Insurance), Exhibit "H" (Urban County Rehabilitation Services) if applicable, and
Exhibit "T' (Contracting Principles Declazation).
Santa Clan County ~ 4 FY 04/05 City/County Contract
Office of Affordable Housing
Corrvnunity Development Hlock Grant Program
C. The persons signing below are duly authorized to execute this Contract.
IN WITNESS WIiEREOF, the parties have executed this as indicated below.
CTI'Y OF: COUNTY OF SANTA CLARA:
By: By:
Date
Date
Print Name
CITY Manager
ATTEST:
CITY Clerk
ATTEST:
Phyllis Perez
Clerk, Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
CTI'Y Attorney Date
Print Name
04/05 Ciry Contract
WMdGrg 8/19/04
APPROVED AS TO FORM AND
LEGALITY:
Leslie Orta Date
Deputy County Counsel
Date
Santa Clara County ~ 5 FY 04/05 Ciry/County Contract
Office of Affordable Housing
Community Development Block Grant Program
I~IT B
CERTIFICA4'IONS
Lt accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, the jurisdiction certifies that:
Affnrmatively Further Fait Housing -The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
Antl-displacement and Relocation Plan - It will comply with the, acquis(tion and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacenrent and relocation assistance plan required under section 104(d) of the Dousing and
Community Development Act of 1974, as amended, in connection with any activity assisted wrth funding
under the CDBG or HOME programs.
Drag Free Workplace - It will or will continue to provide adrug-free v~orkplace by:
1. Publishing a statement notifying eru~ployoes that the unlawful manufacture, distn'bution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a). Th4. dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that maybe imposed upon employees for drug abuse violations occurring
in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employeewill -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer of other designee on whose grant activity the convicted employee wen working, unless the
Federal agency has designated a central point for the receipt of such notices. Notice shall include
the identification numbeile) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee; up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, u
amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State,, or local health,
law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs 1; 2, 3, 4, S and 6.
Antl-Lobbying - To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress,'or an employee of a Ivjember of Congress in
connection with the awarding of any Federal contract, the making of any Fedeisl gent, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other bran Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency; a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and '
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all aubawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
AuthoHty of Jarlsdiclion - The consolidated plan is authorized under State. and local law (as
applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is
seeking funding, in accordance with applicable HUD regulations.
Consistency with plan -The housing activities to be undertaken with CDBG, HOME, ESG, and
HOPWA funds are consistent with the strategic plan.
Seclio 3 - It will mp y with section 3 of the Housing and Urban Development Act of 1968, and
impl g re 'on at 24 CFR~P~arnt 1~'3~5~.,
y 1--1-E'~-1
Signature/Authoriud.Official Date
Cormty Saecutive
Title
Specific CDBG Certlficetiona
The Entitlement Community certifies that:
Citizen Participation - It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan -Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-tam community
development objectives that provide decent housing, expand economic opportunities primarily for
persons of low and moderate income. {See CFR 24 570.2 and CFA 24 part 570)
Following aPlan - It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds - It has complied with the following criteria:
1. ~ax;mnm Feas;hte Priority. With respect to activities expected to be assisted with CDBG fiords,
it certifies that'it has developed its Action Plan so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in the Prevention or elimination
of slums or blight. The Action Plan may also include activities which the grantee certifies are
designed to meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of Ure community,
and other financial resources are not available);
Z, (~;erall Aenefit The agg~~a~e use of CDBG fiords including ~ection 108 guaranteed loans
during program year(s) (a period specified by Ithe grantee consisting of one; two,
or three specific consecutive program years), shall principally benefit persons, of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period;
3, ,Sze~iat Aaaecsmentc. It.will not attempt to recover any capital costs of public improvements
assisted with CDBG funds including Section 1081oan guaranteed funds by assessing any amount
against properties owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge maybe made against the ProP~Y "'rm ~~ tO tt1O
public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG fiords are used to pay Ure proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. Also, in the cane of
properties owned and occupied by moderate-income (not low-income) families, an assessment or
charge maybe made against the property for public improvements financed by a sotrce other
Wan CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Ezcessive Force - It has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction; .
Compliance With Anti-discriminadon laws -The grant will be Conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 iISC 2000d), the Fair Housing Act (42 USC
3601-3619), and implementing regulations.
Lead-Based Paint -Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35, subparts A; B, 7, K and R;
Compliance with Laws - It will comply with applicable laws.
(~"
Si nue/Authorized Official Date 1
8~
County Executive
Title
F~1T F
CORPORATION hereby assures and certifies that it will comply with all regulations, policies,
guidelines and requirements applicable to the acceptance and use of Federal funds for this
Federally-assisted program and will be responsible foi implementmg and complying with all
relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION
gives assurances and certifies with respect to the PROGRAM that it is in compliance with the
following Regulations as defined by 24 CFR, Part 570; Subpart J; 24 CFR, Part 570, Subpart K;
and will be conducted and administered in eonfomutywith "Public Law 88.352 and Public Law
90-284.
1: 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair
housing; Executive Order 11063, as amended by Executive Order 12259 addresses
discrimination. HUD regulations implementing Executive Order 11063 are contained in
24 CFR, Part 107. .
2. 570.602. Section 109 of the Act addresses discrimination.
3. 570.603. Labor Standards.
g. 570.604. Enviromnental Standards.
5. 570.605. National Flood Insurance Program.
6. 570.606. Relocation, Displacement and Acquisition.
570.607. Employment and Contracting Opportunities.
8. 570.608. Lead-Based Paint.
9, 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients.
10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its
Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines,
and requirements of 24 CFR Park 85 (Common Rule), and OMB Circulars A-110 (Grants
and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non-
Profits), A-128 (Audits of State and Local Governments-implemented at 24 CFR, Part
24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit
Institutions), as applicable, as they relate to the acceptance and use of Federal.funds.
under this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are
set forth at 570.502.
EXHIBITF-ASSURANCES 1 REVISED 11/1500
11. 570.611. Conflict of Interest,
12. 570.612. Executive Order 12372 allows States to establish its own process for review
and comment on proposed Federal financial assistance programs, specifically the use of
CDBG funds for the constriction or planning of water, or sewer facilities.
w~rysooaoiiw~
contracts/assurtm«s
EXHIBIT F - ASSURANCES 2 REVISED ~ 1/1500
EXFIIBTT G
INDEMNITY AND INSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100.000
de ~t
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or' damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. it is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expen~s and liabilities incurred with respect to
any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the
County under this Agreement.
inet
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions: I
A. Evidence of Coveraee I
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, uriless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Oualifvine Insurers .
All wverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial. size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager.
EXHIBIT B-2 (revised) (HCD-O)
Rev. 7/30/02
EJ~CIIIBTT G
C. Notice of Cancellation
_ All coverage as required herein shall not be canceled or changed So as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
I, Commercial General Liability Insurance -for bodily injury (including death) and
property damage which provides limits as follows:
a. Eachoccun•ence $1,000,000
b, General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
z, General liabiliri coverage shall include:
a Premises and Operations
b. Products/Completed
c. Personal Injury liability
f. Severability of interest
3, Ceneral liability coverage shall include the followine endorsement. a cony of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
"County of Santa Clara, and members of the Board of Supervisors
of the County of Santa Clara, .and the officers, agents, and
employees of the County of Santa Clara, individually and
collectively, as additional insureds."
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
2
EXHIBIT B-2 (revised) (HCD-O)
Rev. 7/30/02
E7~TT G
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
4: Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than. one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles.
Workers' Compensation and Emnloyer's Liability Insurance
a. Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
E. Cnecial Provisions
The following provisions shall apply to this Agreement:
The foregoing requirements as to the types and limits of insurance wverage to.be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately fimded self-insurance programs
or self-insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subwntractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4, The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
EXHIBIT B-2 {revised) (HCD-O)
Rev. 7/30/02
URBAN COUNTY HOUSING REHABILITATION SERVICES
EXHIBIT H
Description: The Santa Clara County Housing Rehabilitation Program provides services
to the Ciry/Town. The County shall provide a large range of housing rehabilitation services
including application processing, bid process, loan preparation, construction monitoring
and loan servicing. (See attached Santa Clara County Housing Rehabilitation Program
Guidelines)
RESPONSIBILITIES OF THE COUNTY
1. Review client's application, verify that client's property is located in the appropriate
jurisdiction and make a preliminary determination regarding income eligibility in
accordance with most current income guidelines determined by Federal Department of
Housing and Urban Development for Santa Clara County.
2. Continue to process application, order credit report and p eliminary title report,
- schedule termite inspection and conduct an Minor Rehabilita ion Environmental Review in
accordance with NEPA requirements of the property, as appl cable.
3. Schedule and meet with a Loan Review Committee to discuss client's application,
income status and proposed work scope. Advise client of the final decision regarding
approvaUdisapproval and loan terms. (See attached Santa Clara County Housing and
Community Development Loan Committee Policies and Procedures)
4. Inspect property to assist client in assessing and designing needed property
improvements, in order to bring the property in conformance with local building and
housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing the
proposed work items and cost estimates.
5. Review work write-up with the client. Invite contractors to submit written bids based on
approved scope of work. Review bids with client and assist client in selecting the
responsible bidder who submits the lowest price bid. Verify that selected bidder complies
with all insurance and licensing requirements.
6. Prepare all loan documents for signature and recordation as appropriate, such as
Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending
Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc.
7. Assist client in finalizing of construction contract documents and authorize
commencement of work. Review construction work in progress for compliance with
project specifications and will conform with all applicable codes, etc. when formally
inspected by IocaVcounty building offices. Authorize change orders and progress
payments up to 90% of contract price to contractor with property owner's approval.
S. Perform final inspection and authorize final payment to contractor after receipt of
finaled building permit, mechanic's lien releases, contractor's affidavit and any applicable
warranties or guarantees and any manufacturer's informational materials. Record Notice
of Completion. After 35 days from date of recordation, verify that no unreleased,
recorded mechanic's liens have been recorded and release the withheld 10% retention
to the contractor.
9. Provide client with a Housing Rehabilitation Evaluation Questionnaire for completion
and return to the County Program Manager.
10. Maintain client file, ensure client's ongoing adherence to hazard insurance
requirements, issue final letter to client documenting all rehabilitation costs, change orders
and final loan amount.
11. Clarify any warranty or guarantee issues.
12. Provide CitylTown with written Quarterly Report includi g financial on project
accomplishments.
13. All "program income" generated from loan payoffs shall be deposited, accounted for
and tracked individually for each jurisdiction and shall fund future housing rehabilitation
projects only in such jurisdiction.
RESPONSIBILITIES OF THE CITY/TOWN
1. Distribute Housing Rehabilitation Brochures or flyers to various locations frequented by
the general public.
2. Publish an advertisement at least four times annually informing the residents of the
existence of the Housing Rehabilitation Program and its basic eligibility requirements and
how to contact the program.
3. Run a public service advertisement on the local public access television station at least
twice annually describing the Housing Rehabilitation Program.
4. Refer pre-screened call-in or walk-in clients who appear to meet basic program criteria
to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be
processed as new applicants after a period of six months from date of the previous
application.
5. Upon execution of the contract by designated City and County officials, the City/Town
shall make a lump sum transfer of $200,000.00 from the Revolving Housing Rehabilitation
loan Fund to the Santa Clara County Housing Rehabilitation Program to be applied to
project costs for four (4) new projects.
6. Upon execution of the contract by designated City and County officials, the City/Town
shall transfer $20,000.00 from CitylTown's CDBG funds to the County for Housing
Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans
during the program year specified by the attached contract.
7. If the agreed upon number of four (4) loans is exceeded and upon mutual agreement
between the County and the City/Town, the City/Town shall transfer to the County
$2,500.00 for any project completed from initial application through bid opening and an
additional $2,500.00 for any project completed through project closeout. The same shall
apply to any project that is discontinued by the client.
8. In the event that County staff is required to exceed the prescribed responsibilities set
forth herein such as handling litigation, arbitration, meditation or a claim, the City/Town
shall compensate the County for professional staff work at the rate of $60.00 per hour per
professional staff member. If legal consultation is required, the City/Town shall
reimburse the County at the current hourly rate established by County Counsel.
CDBG funding amount $20,000.00
Unduplicated clients 4
Cost per year per client $5,000.00
Total Program Budget $20,000.00
Exh. H
City/rown.Reheb contract
Rev 9/03/03
3
EXHIBIT I
DECLARATION OF CONTRACTOR
(to be completed by all Tvpe I or Tvpe II contractors)
A. [xJ This is a Type I service contract under the Board of Supervisor's Resolution on
Contracting Principles. If this box is checked, please complete the following:
Type I Category: Section II C. 6
Explanation: Contract with other public agencies
B. [ ] This is a Type I I contract under the Board of Supervisor's Resolution on Contracting
Principles.
C. To be completed by Contractor:
The contractor currently has other County Contracts for the same or similar services:
( ] Yes [ ] No
If Yes is checked, please list and describe contracts, types and dollar amounts.
D. I am authorized to complete this form on behalf of
(name of contracting entity).
I have used due diligence in obtaining this information, and this information contained
herein is complete and accurate.
Signature:
Name:
Title:
Contractor
Date:
City Contracts
Dec of Contractor - Exh I
Grg - 9/03/03
L CONTRACT PROVISIONS TO IlVIPLEMENT THE TERMS OF THE
RESOLUTION RE: CONTRACTING PRINCIPLES
[TYPE I CONTRACTS]
..This contract is a Type I service contract; subject to the resolution of contracting
Principles adopted by the Board of Supervisors on October 28,1997. Accordingly,
Contractor shall cornply with all of the following:
a. Contractor shall, during the term of this contract, comply with all
applicable federal, state, and local rules, regulations, and laws.
b. Contractor shall maintain financial records adequate to show that County
funds paid under the contract were used for purposes consistent with the terms of the
contracts. These records shall be maintained during the term of this contract and for a
period of three (3) years from termination of this contract or until all claims if any, have
been resolved, whichever period is longer, or longer if otherwise required under other
provisions of this contract.
The failure of Contractor to comply with this Section or any portion thereof may
be considered_a material breach of this contract and may, at the option of the County,
constitute grounds for the termination and/or non-renewal of the contract. Contractor
shall be provided reasonable notice of any intended termination or non-renewal on the
ground of non compliance with this Section, and the opportunity to respond and
discuss the County's intended action.
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CARRY-OVER PROJECT FOR 2004/05 PROGRAM YEAR
EXHIBITS "A" THROUGH "D" FOR THIS PROJECT ARE SHOWN ON THIS PAGE
PROJECT NUMBER: SA-O1-21
PROJECT NAME: Sanitary Sewer Connection Project
CONTRACT AGENCY NAME ADDRESS AND PHONE NUMBER:
City of Sazatoga
13777 Fruitvale Ave.
Saratoga, CA 95070
408-868-1222
ALLOCATION: $ 25,061.81 (balance) Total allocation was $87,271.00
PROJECT DESCRIPTION:
This project involves assisting low-income Sazatoga residents in abating septic systems and
_ connecting to the public sanitary sewer system. The grant would cover the cost of septic
abatement, sanitation permit fee, building permit fee, and actual hookup to the public sewer
system.
PROPOSED WORK PLAN
This project has been approved by the City Council for transfer of funds into the revolving
loan fund for FI' 04/05.
CARKY-UvEE ~Ro3~~T t=o>; ~`~ ot~ Jas
Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE ~~~-~ Z °O 4
CONTRACT AGENCY NAME AND ADDRESS:
CI'I"N 0'F 50.rc,1rX~0. - HcC~CONt Gardec~,~
.`J~ vu. -~ GA ~ 5 0~
Telephone ~t oe- ~- 4 ~ - 4-`i `~ l{-
FAX ~,og-~4l" 413
Lon 5aavedrQ,
Executive Director
PROJECT # Sq - ° 2 - 4 I
PROJECT NAME AND ADDRESS:
QD~ ~~~o~~ r~tr~~15
C ~~~ hqqu se 1 " I~a.~d v~ I n „at
210yU ~i~ ~JCiS'ih ~/~a+.l
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~C~l-~ O~"JPA•~ ~/Kd~~cla)Dr'~c3.fleP}.IS
PROTECT DESCRIPTION
Please specifically describe how these funds will be used and how many beneficiazies will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your.agency's
overall operation.
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Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005) _
AGENCY DESCRIPTION
DATE ~ u.u~ ~ ~ ~o~ PROJECT # S fE ' ~ 3 ~ ~r I
CONTRACT AGENCY NAME AND ADDRESS: PROJECT NAME AND ADDRESS:
~'; ~~r,Scc.vc~lYil'A- ~-Fufc.m,.e ~-~.ydeas ~1~•~ ~~+-the 6-cycle-k5
;Sava-~r~~r.~ CJ~ ~So~o lJwl~cwa,~ ~t,~nroyu~..etfs~
Telephone L~o$'~4-I-~~93 ~~DUO ~~°~ _~c.s~k ~a.iq
FAX ~ ~val:cvc~c. ~ C-A °I S o ~G
Loh, Sca.vecLya ~~.i ~ ~l a,llecu.~i v~.: ~ 5o j bo U
Executive Director
email ~ ~ ~. e ~ 6crn~e . c c~
x .P,.~,~ ~ rt' vko,~.~a d 6J C' L~ °+~ So,-°'h° ~ ~-
P,,,,dl;~ Works- }~er~a,+ ke.s er- Bss-11i0~ .
PROJECT DESCRIPTIO
Please specifically describe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's
overall operation.
~ f~ 6u b ~ I-s A -_
n2- 41
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Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY zoer~zoo~
AGENCY DESCRIPTION
Exhibit A
COMMUNITY DEVELOPMENT LOCK GRANT PROGRAM
FY ybtll f :' 2 ov 5
AGENCY DESCRIPTION
DATE: January 31.2003 PROJECT #cJr` ~- X54'
APPLICANT AGENCY:
Name: Sazatoga Area Senior Coordinative Council
Address: P O Box 3033
Saratoga. Ca 95070
PROJECT NAME & ADDRESS:
Sazatolza Adult Care Center- Automatic
Doors and Monttorinv, System
19655 Allendale Ave.
Saratoga. Ca 95070
~ ~"..
Contact Person Telephone: (408) 868-1253 email Address:
Seanry95032@yahoo.com
FAX : X4081868-9546
PROJECT DESCRIPTION
The Sazatoga Adult Caze Center is a major program component of the Saratoga Area Senior
Coordinating Council (SASCC) incorporated as anon-profit organization in 1979. SASCC also
operates the Saratoga Senior Center for more active, independent older adults.
This project is to install automatic doors and a participant monitoring system Upon completion, this
project would greatly enhance the health and safety for everyone who frequents the Adult Caze Center
facility.
Currently, the Adult Caze Center serves 39 participants. Of those, 28 are restricted to wheelchairs
and/or require the use of some sort of walking aide. In order to enter the Adult Care Center,-you must
pass through 2 sets of heavy doors. This proves a fornvdable task for our participants and their
caregivers who must negotiate through these doors while either being assisted by a loved one or
manipulating a walking aid.
In addition to automatic doors, a monitoring system will prevent those participants whom we are
responsible for, from accidentally wandering out of our facility in into harms way. :8- ~
Furthermore, our Board is currently entertaining the possibility of increasing the number of participants
of the Adult Care Center. This would serve two purposes. First, this would create additional revenues
for the Adult Care Center and thereby decrease our dependence on outside sources of income. Second,
avv wnnlA )v'. rvcnnnAina in innrnacrA APmanrlc fnr aAnlt nary cvr~rinv.c Alihnnoh nnr linrncn allmvc nc
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EXHIBITS "A" THROUGH "D" FOR THIS PROJECT ARE SHOWN ON THIS PAGE
PROJECT NUMBER: SA-04-53
PROJECT NAME: Urban County Rehabilitation Services
CONTRACT AGENCY NAME ADDRESS AND PHONE NUMBER:
County of Santa Clara
1735 N. First Street, Ste. 265
San Jose, CA 95112
408-441-0365
ALLOCATION: $20,000
PROJECT DESCRIPTION:
This project covers the cost of cooperative rehabilitation services provided by the County to the
- City of Sazatoga. These services include review of loan applications, bidding~~rocess, work
- write-ups, project supervision, change orders and close-outs.
PROPOSED IMPLEMENTATION TIME SCHEDULE:
~i S J~YoJe~~ I~C~S (~2.a1~ ~~~R ~e41 .
Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE ~~ ~~~-('
PROJECT # S~(Z~#-- ~J I
CONTRACT AGENCY NAME AND ADDRESS:
~~uw~~ of -` a,,n,f~ C[ ~
.Sa,,,~ JAS c l C/~ `~ 5 1 2
Telephone 4.0 ~ - 4 ~.t. ~ - a 3 6S
FAX
Executive Director
PROJECT NAME AND ADDRESS:
S N~ R P ~: eu o ly ; ~.u 1-{acmes i ~u
'K.e la.n,b { l ~~-a,~f wt ~ vn4rawJ
PROTECT DESCRIPTION
Please specifically describe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's
overall operation.
t~ - i/~' uve vw
~P_ Iv `~ S ,tjva I~ e
~~
G.A,~ Q WI Pan ~ Y
grg/8/30/04
Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE 5~~,?~ Phu bct~ I ~~ 2~(.~
PROJECT# SiE - 04-4
CONTRACT AGENCY NAME AND ADDRESS:
~ ~~ 13oY z~Z4-
Sa,~~o ~. ~~ ~' SD ~-o
Telephone ~ ~ ' ~ ~ P ~ - 4~ `~ 4
FAX ~ 4' ~ - 1-l `l `f "~
Executive Di ~ector Lah Sawucd~.
,~1 ~otit ~ l~a.k~ -caw
PROJECT NAME AND ADDRESS:
~/~~ /k /~ Gtt-ale-~ s
?(Doy D,ti ~tsi.1 W~
~~~~ ~ ~F ~,~*'~ ~ ~ Soy a o ~
PROTECT DESCRII'TION
Please specifically describe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your.agency's
overall operation.
-h ~nr 5A-02-41 ~5/~-63-41
~/e/so/oa
~q Exhibit A
' COMMUNITY DEVELOPZaNo rzo05CK GRANT PROGRAM
AGENCY DESCRIPTION
PROJECT #: ~A - bS ~ 3 ~
DATE: Few arv ] 0 2004 & ADDRESS:
PROJECT NAME
APPLICANT AGENCY:
Santo a Adult Care Center
Name: Santo a Area Senior Coordinatin Council
1 655 Allendale Ave.
Address: .O Box 3033
Sarato__ a~ 95070
Santo a CA 5070
email Address:
Contact Person Telephone: f408) 868-]253 gdee@saratoga.ca.us
FAg ; qOg 868-9546
PROJECT DESCRIPTION
j ro am component of the Saratoga Area Senior
The Saratoga Adult Care Center is a ma or p 8r rzin the needs
Coordinating Council (SASCC) incorporated as anon-profit organization in 1979. SASCC a so
operates the Saratoga Senior Center for more active, independent older adults. Recogn cifg all as an
rted by a community assessment, SASCC opened the Saratoga Adult
desi ed and built spe
of the aging population, suppo er uali of life
romotes a high q ty
Care Center in 1988 as the first facility in Santa Clara County
adult care center. It provides much needed respite for caregivers an p
ublic a encies.
for the parnc~pants at much less cost to both family members and p g
ssible and improve the quality of
The Saratoga Adult tl em i eremainnn thecJhomes foreas long as Po delay institutionalization lation
frail elderly, enable
life for the participants and the caregivers. The need for this service will accelerate as a Po
the year 2010, Santa Clara County's Population of individuals
ages. Independent studies show that by
g5 years of age and over is expectedotu d n Saratogat alone is expected toencr ase l0% from 2003 to
the projected increase in this age gr P
2008.
the average
The Saratoga Adult Care Center opened in January 1988 and has steadily increased in number o aY
b February 1994. During this time,
one time, with well over 350 visits
open from two at the onset to five full days weekly y
number of families served monthly increased from 9 to 42 at any the Center serves 20-21
by Participants each mon muThis Care Licensing o~~ 30 participants perdday, demand for the service.
Though licensed by Com tY
participants per day. This assures each participant plenty of one-on-one time with our assistants an
volunteers. Participants ~ Clara Ca Abell, San Jose, Mountain View,eSunnayvale an Cuperdnouding
Saratoga, Los Gatos, San
Page 7
C:Vdy ppeumcnrslGrantt~CDBG~CDBG ACC oiler 04-0S.doc
The Board of Directors of the Sazatoga Area Senior Coordinating Council is responsible for the
Saratoga Adult Care Center. The Center operates under the guidance of the Executive Director who
works closely with the Adult Care Center Advisory Committee. The full-time Program Manager
_ oversees activities, entertainment and projects with the help of four part-time Program Assistants. The
staff is highly trained, each with many years of experience working with frail elders. Five volunteers
supplement the six paid staff and provide between 575- to 700 hours of service annually.
C:wfY ~mrntslGrants~CDBG~CDBG ACC oar 04-0S.~c
Page 8
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Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE ~c~' ~ 3 , 200 4
PROJECT # S/~ ' ~4 "' ~ ~
CONTRACT AGENCY NAME AND ADDRESS:
-f' V'!~ I~ e c 1 I f ~t,'~~-~7
Telephone
FAX
Executive Director IJ C~ 6 C C~''"t_ p ~ e ~ I
email
PROTECT DESCRIPTIO
Please specifically describe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's
overall operation.
PROJECT NAME AND ADDRESS:
L a ~, ~-.e--~ l-ea5 ~e
~ lc~ua-~ ~ r ~ .Sc ~ ~ o tr
~~sid~c-~
' e c ~- ~ C p f 3 C 4 ~ C a i' anal c~r~i-5
n,La,~2,~re~~ Fov 'F`~ Ul~oS~u Fo rrn.h"~~ c.~'v SI~U~d
~~us~ti~e ~v~~~- L.~, ~c~, .lz~~~ `f~avcl~'Z~04. ~ oweue J
~" ~n ict~ I (~~~- Slldl.ui ~?e~1 ~ L.~l-f.~ ch 7i.+.~ 0 2.~e ~f
i
G~i S
r~ S Q Y Ul CAL ~~
gr8/8/30/09
V
~at~a~-oo,A, Ci~~ Inri f I n ~Sess t~.e ~~ ruynw~.~ v~~
Exhibit A
COMMUNTTY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE O~ • I '~ ~ 200 (-~.
PROJECT # 5' /~, ~ Cv~ - Li- I
CONTRACT AGENCY NAME AND ADDRESS:
P. ~• ~3o,C Z3u~
5a,~a-~-o~~ ~ C~ `i5o~-a
Telephone ~ ~' ~ ' 4- ~ ~ ~-~-
FAX ~~ (~ ~t ~ ~ ~'
Executive Director 1-~ 5w~.vect4a..
PROJECT NAME AND ADDRESS:
DA N ako h e ("~vc1 ~~ S
~PGlast ~ - fl--~'l
~ (,t~aC F~.u ~ ~ w-n ~o-~rc.c
Z(DOU ~ iti ~~~ k ~a-~-1
S~b~-I~-,A Cf~ qsa ~o
~t-p~~eGT f7~~6LkFtfM=.~r7~~duu
email / ~ e Itia k.e~a . eve,,,
• PROTECT DESCRIPTIO
Please specifically describe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's
overall operation.
- f~ ,~„ S
3-
~ - D
Cdl1:s~'Yu-~~ Rn~ ~~ ~ a-v-~'~ -~ ~ cm~. C mt.~7 G'c~ vt ce .
~BIe/so/o~
Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE D Gf . I ~ ~ 'moo -f
PROJECT # 5~- - O 5- 5 ~
CONTRACT AGENCY NAME AND ADDRESS:
(. b (Lh'~~1 0r~ ~Q.vt~It~ ~C-y~4.VT~.
~~'?jrj N. r I V5~ - s? .71e 2~OJ
~~ ~o5e I C~ Ql 51 12-
Telephone /a- (____f? $=L+-I-f- ~ ' 0 3 6 5
FAX
Executive Director
PROJECT NAME AND ADDRESS:
ou.siy~.r ~a~R.~~l~r4T~'(n~
~Yp ca'12LYn
PROTECT DESCRIPTION
Please specifically describe how these funds will be used and how many beneficiaries will be served
during the contract period. Please be consistent with Attachments B - D. Do not describe your agency's
overall operation.
# ~ i /_ ~ n J ~ !~ r ~ ~-,`rrn ~~ Crou,~H ad ~ w's¢ers tie l0aw
~rS ~roiP
'rte
.e.
f .F x^-4,6 r I ~
88/8/30/09
NEW PROJECT FOR 2004/05 PROGRAM YEAR
PROJECT NUMBER: SA-OS-53
PROJECT NAME: Urban County Rehabilitation Services
CONTRACT AGENCY NAME ADDRESS AND PHONE NUMBER:
County of Santa Claza
1735 N. First Street, Ste. 265
San Jose, CA 95112
408-441-0365
ALLOCATION: $20,000
PROJECT DESCRIPTION:
This project covers the cost of cooperative rehabilitation services provided by the County to the
City of Sazatoga. These services include review of loan applications, bidding process, work
write-ups, project supervision, change orders and close-outs.
PROPOSED IMPLEMENTATION TIME SCHEDULE:
This project is ongoing.
Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE ~C+. I~ , 2soL1.
CONTRACT AGENCY NAME AND ADDRESS:
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Exhibit A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2004/2005)
AGENCY DESCRIPTION
DATE ~Gr I g , 200 4
PROJECT # S ~ ' b5 - S S
CONTRACT AGENCY NAME AND ADDRESS: PROJECT NAME AND ADDRESS:
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NEW PROJECT FOR 2004/05 PROGRAM YEAR
PROJECT NUMBER: SA-OS-91
PROJECT NAME: General Administration
CONTRACT AGENCY NAME ADDRESS AND PHONE NUMBER:
City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
408-868-1235
ALLOCATION: $15,000
PROJECT DESCRIPTION
This project covers a portion of the salary paid to an Assistant Planner who coordinates the
._ Community Development Block Grant activities for the City of Saratoga. These activities
include preparing all related reports, contracts and correspondence; managing the annual CDBG
allocation disbursement process, monitoring the grantees, and acting as a liaison between the
City and the County Housing and Community Development program.
PROPOSED IMPLEMENTATION TIME SCHEDULE:
This project is ongoing during the FY 2004-2005 funding cycle.
RESOLUTION NO. 04-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM
SANTA CLARA COiJNTY UNDER THE FEDERAL HOUSING AND
COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2004/2005
WHEREAS, the City previously entered into a Joint Powers Agreement with Santa Clara
County to form an Urban Cotmty under the Housing and Community Development Act;
and
WHEREAS, the City Council finds and determines that the following proposals represent
the community development needs in Saratoga.
NOW THEREFORE, BE Tf RESOLVED, that Staff is hereby authorized to submit a
proposal for the expenditure of FY 2004/05 CDBG funds in the estimated amount of
$166,440 for the following allocations:
Agency Type Project Amount Amount
Renuested Recommended
SASCC CDBG Adult Day Care program
(Public
Services)
SASCC
SASCC
Project
Match
City of
Saratoga
City of
Saratoga
Hakone
Foundation
CDBG Senior Center Building
Storage addition to rear of
building
CDBG Modular Building Sink
and door only
CDBG Long Term Lease
Senior Residence
CDBG SHARP Revolving Housing
Rehabilitation Program
CDBG Program Administration
CDBG ADA Improvements at
Hakone Gardens
$36,288
Part of the
$12,500 request
$12,500
$33,990
$7,162
$15,000
$50,000
County of CDBG County Rehab Assistance $20,000
Santa Clara
GRAND
TOTAL
$36,288
$2,000
$2,000
$33,990
$7,162
$15,000
$50,000
$20,000
$166,440
AND BE IT RESOLVED, that Staff is hereby authorized to include any unspent funds in
the Automatic Door contract for SASCC FY03/04 project 04-54 to be used towards
installation of a security door in the modular building:
AND BE IT FURTHER RESOLVED, that Staff is authorized to reallocate the amount of
$25,061.81 form the Sanitary Sewer Connection Ordinance project (SA-O1-21) to the
SHARP Revolving Housing Rehabilitation Loan Program fund.
The above and foregoing resolution was passed and adopted at an adjourned meeting of
the Saratoga City Council held on the 3rd day of March, 2004 by the following vote:
AYES: Councilmembe~•s Stan Bogosian, Norman Kline, Nick Streit,
Vice Mayor Kathleen King, Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None
v G'c'/Sl~~ /' h
Ann W tonsmith, Mayor
Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004 AGENDA ITEM:
2 l~
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
~~~
PREPARED BY: Lorie Tinfow, Assist. City M¢r. DEPT HE
SUBJECT: City Manager Employment Agreement Correction
RECOMMENDED ACTION:
Authorize Mayor to execute attached corrected agreement with City Manager Dave Anderson.
REPORT SUMMARY:
The agreement approved by City Council on September 3, 2004, contained anerror-the salary
amount shown reflected the salary for 2002-03. In addition the number of leave hours provided
to the City Manager is now consistent with leave provisions included in the referenced Sazatoga
Management Organization agreement so the previous separate provision has been removed. The
attached version has these two changes.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
A corrected agreement would not be executed.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
City Clerk will collect the appropriate signatures and forwazd a certified copy of the fully
executed agreement to City Manager.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A -Agreement
2004 Amendment to
Amended and Restated Agreement for Employment of City Manager
WHEREAS, the above-referenced agreement between the City of Saratoga ("City") and David
Anderson ("Anderson") was entered into effective September 1, 2003 ("Agreement"); and
WHEREAS, the parties wish to amend section III of the Agreement;
NOW THEREFORE, City and Anderson have agreed that section III of the Agreement shall be
amended to read as follows:
III. COMPENSATION OF ANDERSON.
A. Salarv•
ANDERSON shall receive a salazy of One Hundred Forty-Two
Thousand Seven Hundred and Thirty-One Dollars ($142,731) per
year. The salary shall be paid in bi-weekly installments.
ANDERSON'S salary reflects the same salary increase as other
Saratoga employees who are represented by the Saratoga
Manager's Organization (SMO), as detailed in section 5 of the
Memorandum of Understanding between the City and SMO
effective July 1, 2004 ("SMO MOU").
2. ANDERSON shall be eligible for a bonus in an amount to be
determined by the City Council up to Seven Thousand Dollars
($7,000.00) per yeaz. Award of the bonus shall be based upon the
City Council's evaluation of ANDERSON'S performance during
the review period preceding the awazd of the bonus. In light of
current limitation on City revenues ANDERSON has requested
that no bonus be paid for his performance in the evaluation periods
beginning August 1, 2002 and ending July 31, 2004 and the City
has agreed.
In the event the City, at any time during the term of this
Agreement, reduces the salary specified in section IILA.1 of this
Agreement or benefits specified in section IILB of this Agreement,
then ANDERSON may, at his option, be deemed to be
"terminated" by the City Council within the meaning of Section
I.C.1 of this Agreement as of the date of such reduction.
B. Benefits.
Except as specified below and elsewhere in this Agreement, ANDERSON
shall be entitled to the same employee benefits and leave as other Saratoga
employees who are represented by the Saratoga Manager's Organization
Page 1 of 2
(SMO), as detailed in Sections 6 and 7 of the SMO MOU.
Notwithstanding anything in that MOU, Anderson shall:
1. receive a vehicle allowance of $450 monthly for business related
vehicle costs.
In witness whereof, the City has caused this amendment agreement to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, and Anderson has
signed and executed this amendment agreement effective September 1, 2004.
DAVID ANDERSON CITY OF SARATOGA
David Anderson Date Ann Waltonsmith
Mayor
ATTEST:
Cathleen Boyer
City Clerk
APPROVED AS TO FORM:
Richard S. Taylor
City Attorney
Date
Date
Date
Page 2 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~ ~"'~
PREPARED BY: Lorie Tinfow, Assist. City Mir. DEPT HEAD:
SUBJECT: Saratoga Library Project Finish Work
RECOMMENDED ACTIONS:
Authorize staff to contract with Shade Tree Construction for miscellaneous finish work related to
the Saratoga Library on a time and materials basis not to exceed $25,000.
REPORT SUMMARY:
Last spring, the Library Commission was asked by City Council to oversee miscellaneous finish
work related to the Sazatoga Library. After a difficult search, staff found a small contracting
firm-Shade Tree Construction-willing to undertake the work. The initial scope of work was
proposed at $7416 and called out various tasks sepazately depending on future direction. At this
time, the complete scope of work will exceed $10,000, and staff is requesting Council approval
to contract with Shade Tree for up to $25,000. The City's standard contract will be used.
FISCAL IMPACTS:
Council has already approved $60,000 from the Library Expansion Fund for completion of finish
work.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS:
Only the initial portion of the work will be complete.
ALTERNATIVE ACTIONS:
None.
FOLLOW UP ACTIONS:
Staff will execute a purchase order for the work and proceed with scheduling.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004
AGENDA ITEM:
ORIGINATING DEPT: Public Works
CITY MANAGER:
PREPARED BY: John Cherbone DEPT READ: '~
SUBJECT: Relinquishment of Village Sidewalks
RECOMMENDED ACTION(S):
Adopt Resolution approving the final Cooperative Agreement with the State of Califomia for the
relinquishment of sidewalks, curbs, and gutters in the Village and authorize the City
Manager to execute the same.
REPORT SUMMARY:
At the March 17`h, 2004, City Council Meeting, Council approved the draft Cooperative Agreement
for the relinquishment of the Village sidewalks, curbs and gutters from the State. The agreement
will provide funding to perform needed infrastructure improvements and in return the City would
assume maintenance responsibility and liability of the said improvements. The City Council,
Assembly Member Rebecca Cohn, and City staff have all worked together to bring this to
fruition.
The only substantial change in the final agreement is an additional $30,000 the City will receive
for the relinquishment. Iwas able to negotiate the additional $30,000 for the sidewalks, curbs and
gutters along the frontage access road adjacent to Blaney Plaza. Therefore, the total the City will
receive will be $741,000 compared with the $711,000 reported to City Council last March.
According to Caltrans officials the Cooperative Agreement will be agendized for approval at the
Califomia Transportation Commission (CTC) following receipt of the executed copies of the
Agreement and authorizing City Resolution. I will most likely attend the CTC meeting to make
sure the Agreement and funding is approved.
FISCAL IMPACTS:
Approximately $7,500/year for maintenance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City will not enter into a cooperative agreement with the State and the Village Sidewalks will
remain under the control of Caltrans.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The cooperative agreement will be finalized and executed with the State.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Final Cooperative Agreement.
2. Resolution.
2 of 2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING A
COOPERATNE AGREEMENT WITH STATE OF CALIFORNIA AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE RELIQUISHMENT OF
SIDEWALKS, CURBS AND GUTTERS ON ROUTE 9 FROM SARATOGA-SUNNYVALE
ROAD TO .13 KILOMETER WEST OF SIXTH STREET.
WHEREAS, the State and the City, pursuant to Streets and Highways Code Sections 73 and
130, are authorized to enter into a Cooperative Agreement in order to relinquish to the City the
frontage improvements to a portion of State Highway within the City's jurisdiction; and
WHEREAS, the State desires to relinquish to the City frontage improvements consisting of
sidewalk, curb and gutter along State Route 9 (SR 9) from Sazatoga-Sunnyvale Road to .13
kilometer west of Sixth Street except for any State-owned facilities consisting of drainage
facilities, sign, signals and other State highway appurtenances thereto; and
WHEREAS, the City is willing to accept said relinquishment conditioned upon the receipt of
funds in the amount of $741,000 for rehabilitation and improvements to sidewalk, curb and
gutter replacement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Saratoga
approves the State Cooperative Agreement No. 4-2001 for relinquishment of said improvements;
and
BE IT FURTHER RESOLVED that City Council authorizes the City Manager to execute the
final Cooperative Agreement for said relinquishment.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the day of , 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ann Waltonsmith, Mayor
City of Saratoga
Cathleen Boyer, City Clerk
04-SC1-9 KP 11.3/ 11.9 (PM 7.0/7.4)
Route 9 Sidewalk Relinquishment
04609-1A4400
District Agreement No. 4-2001
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON 2004,
is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as `STATE', and
CITY OF SARATOGA, a body politic and
a municipal corporation of the State of
California, referred to herein as `CITY".
RECTTALS
1. STATE and CITY, pursuant to Streets and Highways Code Sections 73 and 130, are
authorized to enter into a Cooperative Agreement in order to relinquish to CITY the
frontage improvements to a portion of State Highway within CITY's jurisdiction.
2. STATE desires to relinquish to CITY frontage improvements consisting of sidewalk,
curb and gutter along State Route 9 (SR 9) from Saratoga-Sunnyvale Road to 0.13
kilometer west of Sixth Street except for any State-owned facilities consisting of
drainage facilities; signs, signals and other State highway appurtenances thereto.
3. STATE reserves the right, as deemed necessary, to construct, maintain, replace,
remove, renew or enlarge the existing STATE-owned facilities incidental thereto,
including, but not limited to, access to protect the facilities from all hazards in,
upon and over the area to be relinquished. STATE also reserves the right to enforce
a clear recovery wne within the sidewalks. measuring 0.5 meter in width from the
face of curb, to be kept clear of obstructions by the CITY.
4. CITY is willing to accept said relinquishment conditioned upon the receipt of funds
allocated as provided herein below.
5. STATE and CITY have negotiated an understanding that, while STATE will continue
to maintain that part of SR 9 in a state of good repair until the date of
relinquishment, the CITY, for an amount of $741,000 for rehabilitation and
improvements in the form of sidewalk and curb and gutter replacement, will accept
the relinquishment of this described portion of SR 9.
6: The parties have agreed that STATE will forward and support CITY's request for the
allocation of $741,000 by the California Transportation Commission (CTC), or some
other cost figure set by the CTC, as that fund which represents that level of
improvements which are sought by CITY subject to the CTC determination that this
expenditure is supportable as being in the best interests of the public to improve
that property to be relinquished beyond that state of good repair which that portion
of SR 9 will be maintained at by STATE to the date of said relinquishment.
District Agreement No. 4-2001
7. Relinquishment to Ciry will occur upon approval by the CTC of a Resolution of
Relinquishment and the recording of said resolution in the County Recorder's Office.
8. The parties hereto desire to define herein the terms and conditions under which
relinquishment is to be accomplished.
SECTION I
CITY AGREES:
1. Execution of this Agreement constitutes CITY's waiver of the ninety-day notice of
"Intention to Relinquish" requirement contained in Section 73 of the Streets and
Highways Code. CITY may appeaz before the CTC to offer CIT'Y's substantiation that
a payment of these negotiated funds constitutes an allocation that is in the best
interests of the State of California when so determined by the CTC in its Resolution
of Relinquishment.
2. CITY agrees to accept that allocation determined by the CTC to be in the best
interests of the public in its Resolution of Relinquishment as STATE's full and only
payment obligation for the relinquishment of that portion of the right of way which
will be maintained in a state of good repair by STATE to the date of relinquishment.
3. Upon recordatiori of the CTC's Resolution of Relinquishment in .the County
Recorder's Office, CITY agrees to accept ownership, including all rights, title and
interest in said portion of SR 9 as described in Article 2 of Recitals, and to thereafter
operate, maintain and be liable for said relinquished facility without any additional
cost to STATE.
4. CT11' agrees to STATE's exceptions and reservations pursuant to Article 3 of Recitals
and upon the execution of this Agreement and the completed actions of Article 3 of
this Section I and Article 3 of Section II.
SECTION II
STATE AGREES:
1. To recommend that the CTC allocate the negotiated funds in the amount of
$741,000 as part of the CTC's Resolution of Relinquishment to delete this portion of
SR 9 from the State Highway System.
2. To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment,
which is determined to be in the best interests of the public. The payment of those
CTC allocated funds by STATE to CITY will represent STATE's final and only
payment for the purpose of this relinquishment.
3.. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution
District Agreement No. 4-2001
of Relinquishment, all available STATE records and files for the relinquished section
of right of way, including, but not limited to, plans, survey data and right of way
information.
SECTION III
ff IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the allocation of those resources
by the CTC.
2. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under
or in connection with any work, authority or jurisdiction delegated to CITY under
this Agreement. It is understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully defend, indemnify and save harmless the State of
California, all officers and emp]oyees from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement once the Resolution of Relinquishment is filed for
recordation.
3. No alteration of the terms of this Agreement shall be valid unless made in writing
and signed by the parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
District Agreement No. 4-2001
4. This Agreement shall terminate upon recording in the County Recorder's Office of
the Relinquishment Resolution for this frontage improvement portion of SR 9 and
pursuant to Article 3 of Section I, or on June 30, 2005, whichever is earlier in time
except for those provisions which relate to payment, indemnification, ownership,
operation, and STATE's exceptions and reservations for maintenance described in
Article 3 of Recitals, which shall remain in effect until terminated or modified in
writing by mutual agreement.
STATE OF CALIFORNIA CITY OF SARATOGA
Department of Transportation
RANDELL H. IWASAHI
Interim Director of Transportation
sy:
Mayor
By:
Deputy District Director
City Clerk
Approved as to form and procedure:
Approved as to form:
Attorney
Department of Transportation
Attorney
Cued as to funds:
District Budget Manager
Certified as to fmancial terms and
policies:
Accounting Administrator
4
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004 AGENDA ITEM:
y
ORIGINATING DEPT: Community Development CITY MANAGER: ~~
PREPARED BY: John F. Livingstone AICP ,~~~DEPT HEAD:
SUBJECT: The County of Santa Clara is requesting $2,938 to assist with a Countywide
homelessness census that will be part of a 10-year plan being developed to end homelessness.
RECOMMENDED ACTION:
Staff recommends the City Council accept the report and direct staff accordingly on the attached
budget resolution requesting an appropriation of $2,983 out of the City Council contingency
funds for the Countywide homeless count and survey.
DISCUSSION:
The City has received a letter from the Office of the County Executive requesting participation m
a Countywide homeless count and survey it plans to undertake as part of it's effort in preparing a
10-Year Plan to end homelessness. The cost for consultant services to undertake and compile the
Countywide homeless count is estimated to be $168,000. The County is asking that cities of the
county share in covering the cost for the consultant's work. Calculation of each city's cost share
is based on their proportional population to the total county. The City of Sazatoga's cost share
amounts to $2,938. The County has indicated that 10 of the 15 cities in the County have
responded affirmatively to the request for funding.
The County needs an accurate count of chronically homeless persons in order to prepare a 10-
Year Plan. Preparation of a 10-Year Plan can qualify the County for special grant funds available
in 2005 from the U.S. Interagency Council on Homelessness.
The County intends to establish a task force composed of city representatives to guide the
development of the 10-Yeaz Plan to end homeless. The County will be making a separate request
to the City for the appointment of a representative to serve on the task force.
FISCAL IMPACTS:
A contribution of $2,938 could be appropriated out of the City Council contingency fund. The
Community Development Block Grant Program allows cities to use $15,000 of the CDBG funds
to pay for the administration of the program and or contributions for surveys such as the one
proposed. Currently staff uses the entire $15,000 to offset staff time to administer the program
therefore leaving the Council contingency fund as the only available source of funding.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
If all cities do not participate, the contract with the County and the consultant conducting the
survey may need to be renegotiated. Valuable time will be lost in preparing for the count, and the
results may not be ready to include in the IIUD required 5-year Consolidated Plan in the spring.
ALTERNATIVES:
The Council could deny the request.
FOLLOW UP ACTIONS:
None required.
ATTACHEMENTS:
1. Resolution
2. Letter from the Office of the County Executive
3. County of Santa Clara Staff Report
2of2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE 2004-2005 BUDGET FOR AN APPROPRIATION OF $2,938
FOR THE COUNTY HOMELESS CENSUS
WHEREAS, The City has received a letter from the Office of the County
Executive requesting participation in a Countywide homeless count and survey it plans to
undertake as part of it's effort in preparing a 10-Year Plan to end homelessness; and
WHEREAS, the City Council desires to support the City of Sazatoga's shaze of
the proposed project.
NOW, THEREFORE, the City council approves the adjustment of the City of
Sazatoga's Fiscal Year 2004-2005 budget for the appropriation of $2,938 based on the
following entries:
Increase Decrease
001-1005-511-4070 City Council -County Contribution $2,938
Account
001-1010-511-5002 Council Contingency $2>938
The above and forging resolution was passed and adopted at a regular meeting of the
Sazatoga City Council held on the 17~h day of November 2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ann Waltonsmith, Mayor
ATTEST:
Cathleen Boyer, City Clerk
County of Santa Clara
Office of the County Executive
Counrv Go~~enunent Center, Fast Wing
70 West Hedding Slreet
San Jose. California 9s 110
14081 299-51 OS
September 16, 2004
Mr. Dave Anderson
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Mr. Anderson,
OF SARATOGA
SEP 2 7 2004
The County of Santa Clara is working with local cities to comply with the federal
government's direction to develop 10-Year Plans to end homelessness which include
accurate counts of the chronically homeless. The U. S. Interagency Council on
Homelessness, which includes the Department of Housing and Urban Development
(HUD), has announced that $22 million will be available in the spring of 2005 for
communities seeking assistance in ending homelessness. Cities and counties that have
regional 10-Year Plans and valid homeless counts will maximize their chances of
receiving this new funding.
The County is preparing to establish a Task Force, which will include representatives
from all the cities, to develop a 10-Year Plan to end homelessness. It is also working
with the City of San Jose to conduct a valid Countywide homeless census and survey in
January of 2005 to include:
A count of all individuals in emergency shelters, transitional housing, hospitals,
and other facilities that may house homeless individuals on a temporary basis.
A point-in-time enumeration of homeless individuals not in the above facilities.
Surveys of at least 1,800 homeless residents from a number of geographic areas
in the County.
Individual city and town counts for participating jurisdictions.
The count and survey will be conducted by Applied Survey Research (ASR), a highly
respected research firm based in Watsonville, California. Many communities have
nu: uyl u1 tiul H`rvisoe5; Donald F. Gage. L31anI~a :\I\"tnndu. Pcu` M<-'IJUgh. James T. Beall. Jr.. Lir I:niss
CI111111\' liSl`I'I IIjYB: PBlel" 1\II^"as, IL ~~
benefited from ASR's thorough and professional work, including the Counties of
Monterey, Contra Costa, San Bernardino, and Riverside.
We are requesting that the City of Saratoga contribute financially to this Countywide
effort, proportionate to your city's population. The total cost of this intensive study is
estimated to be $168,000. This cost was negotiated down from an original bid of
$240,000. The result will be a comprehensive report detailing the homeless situation in
each jurisdiction.
Such a report is critical to placing the County and cities in position to receive future
funding from public and private sector sources to help address the problem of
homelessness in our region. It is of particular importance when competing for federal
funds. The last time the County did a survey of the homeless population was in 1999.
That count extrapolated from anon-scientific sampling of the homeless population and
was not a valid point-in-time study. Last year, the County was unsuccessful in
receiving funding from the federal Interagency Council on Homelessness. Every
jurisdiction that did receive funding had a 10-Year Plan and valid homeless count in
place.
Attached, please find a participation schedule indicating each jurisdiction's fair share of
the cost. Also attached are communications from the City of San Jose and the HUD
Regional Office, indicating this contract may be awarded in compliance with federal
regulations and that the cost is eligible as a CDBG cost.
If you would like more information about the proposed Homeless Count and Survey,
please free to contact Margaret Gregg, Santa Clara County Homeless Coordinator at
408-441-4257.
Sincerely,
f
Peter Kutras, Jr., County Executive
Office of the County Executive
County of Santa Clara
Attachments
cc. Jane Decker, Deputy County Executive
Marjorie Matthews, Director, Office of Affordable Housing
Lata Vasudevan, City of Saratoga
MM/lt
Po ulation Estimate for 2004
CI Po ulation Percent of Total Cost Share
Cam bell 38,200 2.21°h $ 3,705
Cu ertino 52,600 3.04°h $ 5,101
Gilro 46,200 2.67°k $ 4,480
Los Attos 27,500 1.59% $ 2,667
Los Attos Hills 8,350 0.48% $ 810
Los Gatos 28,750 1.66% $ 2,788
Mil ttas 64,600 3.73% $ 6,265
Monte Sereno 3,500 0.20% $ 339
Mor en HIII 35,500 2.05% $ 3,443
Mountain View 71,600 4.14% $ 6,944
Palo Alto 60,200 3.48% $ 5,838
San Jose 926,200 53.50% '$ 89,822
Santa Clara 107,200 6.19% $ 10,396
Sarat a 30,300 1.75°k $ 2;938
Sunn ale 131,700 7.61 q° $ 12,772
Uninco rated SC Coun 98,900 5.71% $ 9,591
Total Coun of Santa Clara 1,731,300 100% $ 167,900
NOV-03-2004 16 20 HCDBIWNP8PPP
408 441 0365 P.02
a4s.;~gsgt~ Date-:N+lregs~gr;~;:~p0a
County of Santa Clara.
Qffice of the County Executive
Office of Affordable Housing
Housing and Community pevelopment
cEOS Iloaoa
Prepared by: Lynn Teszian
Management Analyst
Marjorie Matthews
Director, Office of
Affardable Housing
DATE: November 2, 2004
TO: Board of Supervisors
FROM:
Peter Kutras Jr.
County Executive
Submitted by: lane Decker
Deputy County Executive
SUBJECT: Report Back Regarding Proposed Members of the Homeless Task Force and Work
Plan fora 10-Year Plan to End Chronic Homelessness in Santa Clara County and
Direction to the Office of Affordable Housing to Negotiate a Contract with Allied
Survey Research for a Countywide Homeless Census and Survey.
RFCOlV1MEND~D ACTION
Consider the following recommended actions:
t
NDU-03-2004 16 20 HCDBIWMPBPPP 408 441 0365 P.03
Bt39lig9hCla Date ;NoMptnbEt~; $pDA.
Possible action:
a. Approve the appointment of the Homeless Task Force members to create a 10-Year
Plan to End Chronic Homelessness in Santa Clara County and, authorize the Board
Chair to send letters of invitation to the Task Force members.
b. Approve the proposed Work Plan far the 10-Year Plan to End Chronic Homelessness in
Santa Glaza County.
c. Delegate authority to the Office of Affordable Housing to negotiate a contract with
Applied Survey Research (ASR) with a term expiring June 30, 2005 and a maximum
compensation limit not to exceed $167,900, far signature by the Chair of the Board and
participating cities following approval by the County Executive and County Counsel as
to form and legality.
There will be no impact on the General Fund as a result of these actions. Costs for prepazation
of the 10-Year Plan to End Chronic Homelessness are estimated at $35,000 and will be
funded by the Affordable Housing Fund (Cost Center 1174, Fund 0196). The homeless count
and survey is estimated to cost $167,900 and will be funded jointly by the County and the
participating cities. The County's share of up to $10,000 will be funded by the Housing Bond
Fund (Cost Center 1169, Fund 0208) as approved by the Boazd on June 8, 2004.
On October 5, 2004, the Board of Supervisors authorized the formation of a Task Force to
work with the Office of Affordable Housing to develop a 10-Year Plan to End Chronic
Homelessness in Santa Clara County. The Board directed the Administration to report back in
30 days with.a proposed list of Task Force members and a Work Plan.
The following is the Administration's response to that Board direction:
Proposed Task Force. Membership
The Task Farce will be co-chaired by two members of the Board of Supervisors. The
proposed membership includes a broad representation of government, community and service
groups, business, labor, fenders, and individuals familiar with issues relating to homelessness
in the County. In addition, the Task Force will identify other members of the community to
2
NOV-03-2004 16 21 HCD8IWMP8PPP 408 441 0365 P.04
BASggsnaa Data :NnyatPi~er2.2oAd
participate th one of six Working Groups to study a specific topic regarding homelessness.
Public hearings and/or focus groups will be utilized to encourage even broader participation
by the public. Attachment A is a full listing of the recommended Task Force membership.
Proposed Work Plan
At the first meeting, the Task Force will receive an overview on We problem of homelessness
and be asked to review and approve the Work Plan, which will include the formation of six
Working Groups. The full Task Force will meet three or four times. The Working Groups,
which will be chaired by members of the Task Force, will have separate meetings to focus on
six core areas addressing homelessness:
• Assessment of Homelessness in the County
• Discharge Planning to Prevent Homelessness
• Permanent Housing with Supporting Services
• Housing for Emancipated Youth
• Access to Mainstream Benefits and Employment
• Revenue Strategics
Each Working Group will develog a number of strategies with action steps to carry them out.
The planning process will not be a search for an unlimited number of ideas, but rather an
effort to reach agreement on the core actions that will make the greatest difference in the
County of Santa Clara. The final report and recommendations will be presented to the Board
in April of 2005. At that time, the Board will be asked to adopt a Resolution to and chronic
homelessness in the County of Santa Clara within 10 years by implementing actions
recommended by the Task Force.
The nonprofit firm HomeBase will provide consulting services to guide development of the
10-Year Plan during the six-month effort for an amount of $35,000. The contract will be
administered by the Office of Affordable Housing. Services will include orientation of Task
Force members and coordination of meeting dates. They will provide appropriate written
materials, aid in the development of agendas, provide written summaries of all meetings, and
produce the final report.
NOV-03-2004 16 21 HCD&IWNPBPPP 406 441 0365 P.05
"+Rl~nds;A~te :t~@tnber 2, 2004
HomeBase consultants have.had extensive exposure to County homeless issues, including
participation in preparation of the County's S-Year Plan on Homelessness, coordination of the
annual McKinney-Vento Grant Application, and assistance to the Santa Clara County
Collaborative on Affordable Housing and Homeless Issues. HomeBase has unique knowledge
about the state of homelessness in Santa Clara County and is very familiar with policies and
funding opporttutities at the federal level.
Homeless Count
An essential component of the 10-Year Plan to End Homelessness is a valid countywide
homeless count, In addition to a count, a comprehensive survey of at least 1,800 homeless
individuals will be obtained from a number of geographic areas in the County. Accurate
information about the number and needs of the homeless is necessary to plan an effective
response to this social problem. It will also enable the County to make accurate assessments of
progress made over the next ten years.
A valid count of the homeless is of particular importance when competing fox federal funds.
The last time the County did a survey of the homeless population was in 1999. That count
extrapolated information from anon-scientific sampling of the homeless population and was
not avalid point*in-time study. Last year the County was unsuccessful in receiving funding
from the federal Interagency Council on Homelessness. Every jurisdiction that did receive
funding had conducted a recent valid homeless conrrt.
The County Homeless Coordinator has been working in collaboration with the City of San
Jose Homeless Coordinator to seek a qualified consultant who can perform the count in a
timely manner, and to explore the cost. An initial informal survey by the City revealed a
limited number of firms with the specialized expertise required to perform a valid count and
the availability to do the work this winter. Of the three firms contacted, (Applied Survey
Research (ASR), the Action Council, and the Center for Applied Sociology) the Action
Council has never completed a full survey on a community the size of Santa Clara County,
and the Center for Applied Sociology was not interested. in participating.
ASR is a highly respected research firm based in Watsonville that has conducted counts in
several counties throughout California, including Monterey, Contra Costa, San Bernardino,
and Riverside. ASR has specialized expertise in gathering information and synthesizing the
NOU-03-2004 16 22 HCDBIWMP8PPP 408 441 0365 P.06
6~3.Agstf$8 DAte:F+t'~b~~~WUd
infortnarion to create adetailed report which will be vitally useful to the County's efforts to
end homelessness, The four counties referenced above were contacted by the County
Homeless Coordinator about the quality and cost of ASR's work in this field. All four reported
the work to be of high quality and that the costs charged were reasonable.
Preliminary estimates indicate the cost ofthe survey and count will be up.to $167,900,
depending on the level of city participation, and will include:
• A shelter count of all emergency shelters, transitional housing, hospitals, jails, and other
facilities that may house homeless individuals on a temporary basis;
• A point in time enumeration of homeless individuals not in the above facilities;
• Surveys of at least 1,800 homeless residents from a number of geographic azeas;
• Individual city and town counts for participating jurisdictions.
A December timeframe is anticipated for the count and survey, with results availablC to the
County and cities by February, 2005. Data availability within this window of time is a critical
concern to the cities, who are responding to a federal requirement to update their individual
S-Year Plans. The ability to use current data in these updates is a key factor in the
development of a cost sharing plan for the cost of the count. All 15 cities have been asked to
share the cost of the study proportionate to each jurisdiction's population.The County's share
of $9,591 will be funded from the Housing Bond Futid, as approved by the Board on June 8,
2004. To date, 10 cities including San Jose have responded affirmatively: A proposed cost
sharing schedule among the County and cities is attached to this transmittal. If the Office of
Affordable Housing is unable to secure full funding for the count through participation of all
cities, the scope of work and Cost will be reduced to reflect the lower level of participation so
that individual jurisdictions do not incur higher costs.
It is recommended that authority be delegated to the County Executive or his designee to
negotiate a sale source contract with ASR to conduct the countywide homeless count. The
justifications for the sole source, per the Board's contracting guidelines, are the highly
specialized nature of the contractor's prior experience, the unique qualifications to prepare a
count for a county of this size, and the critical timing of a count and survey in December,
which would not be possible if a full request for proposals is issued. The Office of Affordable
Housing will administer the contract and invoice the participating cities for their share of the
cost.
dr.
NOU-03-2004 16 22 HCD8IWMP8PPP 408 441 0365 P.07
80S AgeAda,4ate"~4rner~5ber 2, 2U.D4
On Octobex 5, 2004, the Board of Supervisors authorized the formation of a Task Force to
work with the Office of Affordable Housing in developing a 10-Year Plan to End Chronic
Homelessness in Santa Clara County. The Board directed the Administration to report back in
30 days with a recommended Task Force membership and Work Plan.
Without a 10 year Plan to End Homelessness in Santa Clara County, the County will not have
a long term planning. document to address the problem of homelessness in the County and will
not be competitive for federal funding for homeless programs.
• (Transmittal submitted on Oct 26, 2004 1:20:27 PM - PDF Version)
• 10-Year Plan Proposed Task Force (Miscellaneous)
• Homeless Count and Survey Cost Sharing Table (Miscellaneous)
6
NOU-03-2004 16 22 NCD8IWMP&PPP 406 441 0365 P.08
10-Year Plan Ta End Cif*ottic Homelessness In Santa Clara County A~chment I
Proposed Task Force members
November 2, 2004 '
Dent l
best
Cam bell
Cu ertino
Gik
Los Altos
I.os Altos Hills
Los Gatos
Mil itas
Monte Sereno 9l'•
~ ~ Don B~'
Ma or Sand amen
Ma or Al Pinheiro '~
Ma r oltn Moss
Ma Mike O'Malle
Ma or Steve Gliclmtan
Ma rose $steves
Mor Hill Ma or Erin Gamer
Mountain View Ma Dennis Kenned
Palo Alto Ma Matt Pear
San lose Ma Bem Beecham
Santa Clara Ma r Ron Gcatzalee
Sara Ma Patricia Mahan
Sums ale Ma Amt Waltonsatith
Ma. ,John Howe
Santa Clara V Health and Hos ital S tem ~~ 3illert
Mental Health De rlment N Pefia
De art of Alcohol and Dru Services Robert Gamer
Social Services A
arlment of Correction Will Li tboume
Court S tem Edward Flores Chief
Office of the Sheriff u Ste hen V. Maple
Office of Affordable Hour' Laurie Smith. Sheriff
'
orie Matthews
Coup Haxneless Coordinator Maz t Gre
Ci of San lose Homeless Coordinator
Hoes" Authori of the Coup of Santa Clara Ra Tovaz
Card Ca i
Santa Clara Coup Collaborative on Affordable H Poncho Guevara
Unhotised /formed unhoused Norm Carroll
Unhoused. /formed ttnhottsed Dou M h
Emanci ated Youth
Nistha oll
Workin Paztrtershi
Manufacturin Grou /Hour' Action Coalition Bob Brownstein
Carl Guardmo/Shiloh Ballard
interfaith Council
United N ' hoods Don De Leon
Home Builders Association of Northam Ca: Southern Division Ed Rast
Beverle B
t
Inters Cottncil on Homelessness Ed Cabrera
Con essional resentative Artita ~~
Con essional tative Mike Homfa
Con essional resentative
Con iaatal Re resentative Zoe n
Richard Pombo
United Wa of Santa Clara Coun
Hour' Trust of Santa Clara Coun Mark Walker
Roccie Hill
NOU-03-2004 16 23 HCD81WMP8PPP 408 441 0365 P.09
' ~ ~ - ~ AFB
• • , 'Homeless gaunt. and Surveq Cost Shar~g Table
,. . .
j .
•
• •. ..
• ~ TOTRL P.09
SARATOGA CITY COUNCIL
MEETING DATE: November 17, 2004
ORIGINATING DEPT: Community Development
PREPARED BY: Thomas Sullivan, AICP
AGENDA ITEM:
CITY MANAGER: O~~
DEPT HEAD:
SUBJECT: Resolution of Intent to Amend Article 16-05.035 Relating to the
Establishment of a Specific Period of Time that Modification of Building
Plans and/or Development Conditions must be Approved through a new
Design Review Process
RECOMMENDED ACTION:
Adopt the attached Resolution of Intent giving Staff direction to develop an Amendment to
Article 16-05.035 which establishes a specific time frame beyond the final inspection and
occupancy permit in which any modification to building plans or change to development
conditions of approval must be approved by the approving authority.
REPORT SUMMARY:
Article 16-05.035 currently reads as follows:
16-05.035 Modification of building plans and development conditions.
No modification shall be made to any building or site plans previously approved by the
City or to any development conditions imposed by the City, unless such modification has
been approved as follows:
(a) Where the modification does not result in any exterior change to a structure or
material change to an approved site plan, and does not otherwise violate or change any
development condition relating to the project, the modification may be approved by the
Building Official.
(b) Where the modification involves any change to a development condition, the
modification shall be subject to approval by the Planning Commission if the condition
was originally imposed by the Commission or by the City Council on appeal, or subject to
approval by the Community Development Director $ the condition was originally
imposed by said Director.
(c) Any modification which is not described in either subsection (a) or subsection (b) of
this Section shall be referred to the Community Development Director, for disposition as
follows:
(1) If the project was originally approved by the Community Development Director, the
modification maybe approved by said Director.
(2) If the project was originally approved by the Planning Commission, or the City
Council on appeal, the modification shall require approval by the Planning Commission if
such modification results in any material change to the project or any adverse impact
upon the surrounding area; otherwise, the modification may be approved by the
Community Development Director. A material change shall include, but is not limited to,
any ascertainable change in the size, height or elevations of a structure or its placement
upon the site; any change in the approved elevation of a building pad; any ascertainable
change in the location or design of access roads, driveways or parking areas; or any change
in a specific requirement of an approved grading plan or landscape plan. (Ord. 71-193 4 1
(part), 1999)
The above code section does not give direction regarding how long are the development
conditions enforceable. It is reasonable to assume that at some point in time a property owner
can construct small additions to his/her home without being subjected to the rigors of Design
Review. Currently the Zoning Ordinance provides the following:
15-45.065 Administrative design review.
(a) In each of the following cases, no building permit shall be issued for the construction,
reconstruction, replacement or significant expansion of asingle-family structure or
structure in any A, R-1, HR, or R-OS district until such structure has received
administrative design review approval by the Community Development Director,
pursuant to this Article:
(1) New single-story residences and accessory structures greater than two hundred fffty
square feet in gross floor area.
(2) Major additions in size, defined as:
(A) The expansion or reconstruction of, fifty percent or more of an existing main or
accessory structure.
(B) A one hundred square feet or greater addition to or reconstruction of one hundred
square feet or more of the second story of a main or accessory structure.
(C) The removal and replacement of fifty percent or more of the exterior walls of a main
or accessory structure. The reconstruction of more than fifty percent of the existing
exterior walls of a structure or an accessory structure shall be processed as new
construction and considered a new structure.
This code section allows substantial additions to be made to single story dwellings without
triggering Administrative Design Review.
FISCAL IMPACTS:
Minimal Staff time to develop the Ordinance and the cost of advertising the Public Hearing.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Article 16-05.035 will continue to be unclear.
ALTERNATIVE ACTION:
Do nothing.
FOLLOW UP ACTION:
Develop the amendment to Article 16-05.035 and set the Public Hearing.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not required for a Resolution of Intent.
ATTACHMENTS:
1. Resolution of Intent
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OFSARATOGA
WHEREAS, the City of Saratoga City Council has determined that Condirions of Approval of
Design Review and Administrative Design Review be in effect for a specific time frame beyond the
final Inspection and occupancy permit; and
WHEREAS, the City of Saratoga City Councfl has determined that Article 16-05.035 of the
Building Regulations of the Saratoga City Code should be amended to specify this time frame; and
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows:
That the Staff proceed with the preparation of amendments to 16-05.035 of the Saratoga
Code and that a Public Hearing be scheduled before the City Council.
SECTION 1. The City Council of the City of Saratoga hereby finds that:
^ Better neighborhood compatibility and harmony could be achieved if the found in Article
16-05.035 of the Building Regulations of the Saratoga City Code were amended to include a
specific time frame that conditions of approval were in effect.
SECTION 2. The City Council hereby
The above and foregoing resolution was passed and adopted at a regulaz meeting of the
Saratoga City Council held on November 17, 2004.
AYES:
NOES:
ABSENT:
ABSTAINED:
Ann Waltonsmith, Mayor
ATTEST
Cathleen Boyer, City Clerk
CARATOGA CITY COUNCIL
MEETING DATE: November 15, 2004
ORIGINATING DEPT: Recreation
PREPARED BY: Joan Pisani
AGENDA ITEM:
CITY MANAGER: ~~~
DEPT HEAD:
SUBJECT: Installation of Solar Electric Generating System on City Owned Buildings
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly.
.REPORT SUMMARY:
As requested by City Councilmember Norman Kline, staff has reseazched the feasibility of
installing solar electric generating system on all, or some, of the city facilities. It was felt that
one-time expenses that will save the city money in the long term should be explored. Thomas
Scott, Facilities Maintenance Supervisor, contacted three solar energy companies for preliminary
analysis. Also, PGBcE was contacted for their input, and other cities participating in solaz
programs were surveyed.
Akeena Solaz, Inc., from Los Gatos, completed a solar site survey of all Civic Center buildings in
late October and submitted a preliminary feasibility analysis. From their analysis they feh that the
Community Development/Engineering/Civic Theater wing of City Hall would be the ideal location
to install a solar electric generating system The annual PG&E bill for this facility is
approximately $31,000 per yeaz. The net price of a solaz system for this building is $124,231, and
the first yeaz savings would be approximately $7000. With the savings increases each yeaz, based
on conservative assumptions, the system would pay for itself, according to Akeena, in close to 13
years.
Two other solar companies, Uni-Solar and PowerLight, have been contacted, but neither have
made site visits to Sazatoga. PowerLight is currently working on a project for the City of
Oakland at the airport. Uni-Solar, the third firm we talked with, offers innovative solar roofing
solutions and works with several installation companies. Their solaz electric generating systems
vary and they provide innovative fmancial options. One option they offer is to involve third party
ownership. The third parry pays and owns the system and they receive the tax benefits and most
of the revenue generated by the system The city would receive a rebate each yeaz of 10% of the
utility bill. With this scenario of placing the solaz system on the Community
Development/Engineering/Civic Theater wing of City Hall, the city would receive approximately
$3100 each yeaz.
We have identified six cities that aze currently exploring the feasibility of installing, or have
installed, solaz electric generating systems on municipal facilities. Currently a solar system is
being installed on the Hall of Justice in Fremont and this project will be complete within a few
weeks. San Francisco has a solar system on the Moscone Center, and another agency has a
system over a pazking structure. This month Thomas, along with representatives from several
local agencies, attended a workshop sponsored by ABAG on solaz electric generating systems.
This meeting was held during a regular ABAG Boazd meeting and it seems that now several
others cities aze interested in exploring solaz energy options.
Besides the expense of a solar electric generating system and the benefits to the city, there aze a
few other issues that need to be considered. To receive the best energy production the roof
should be oriented toward the south, have a large amount of open space and not have any shading
issues. Some of the city owned facilities have roofs that aze not the type, or aze too old, to handle
the installation of a solaz system Also, the Civic Theater roof is new and if a solar system were
installed on this roof the 15 years warranty would be voided.
Bill Scott, a representative for Akeena Solar, Inc. will be at the City Council meeting tonight to
present his findings and answer any questions. He is very knowledgeable and was the person who
completed the site visit in Sazatoga.
FISCAL IMPACTS:
No fiscal impact at this time.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not applicable.
ALTERNATIVE ACTION(S):
Not applicable.
FOLLOW UP ACTION(S):
Staff will follow up on direction given by City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Akeena Solaz, Inc. Information
Attachment B: Uni-Solaz Information
~ -~4-~c In I^'~2 w-~ /~
Akeena Solar, Inc. 605 University Ave., Los Gatos, CA 95032 www.akeena.net 40&395-7774
A
October 31, 2004
Thomas Scott
Facilities Maintenance Manager
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 94070
Dear Thomas:
We are pleased to submit this preliminary feasibility analysis for a Solar Electric
Generating System to be installed at City Hall in Saratoga. The system that we propose
is summarized below and described in detail in the following pages.
PV System Investment Summary 144 Modules
Total Price $190,544
Renewable Buydown Rebate X66,313
Price Net of Rebate $124,231
Less Refundable Audit Fee $0
State Solar Tax Credit $0
Federal Solar Tax Credit (pending) $0
10% Federal Tax Credit (business) $0
Net Price $124,231
PV System Savings Summary Scenario A
Peak Power Output (DC watts) 26,640
Annual Energy Output (kwh/yr) 34,434
First Year Energy Savings $ 8,961
Total Energy Savings (30 yr life) $ 462,484
Avoided C02 (tons) (30 yr life) 359
Avoided NOx (pounds) (30 yr life) 663
Avoided S02 (pounds) (30 yr life) 195
Locked In Net CosUkwh (30 yr life) $ 0.1203
Tax Free Rate of Retum 9.3°k
Net Presets Value $ 48,059
Budgetary Cost Allocation
144 NT185-U1
Modules-A
$106,647
56%
Modules-B $ - 0%
9 2500 UL-SBD Inverters $ 21,831 11%
Balance of System Componerds $ 18,879 10%
Labor $ 43,186 23%
Total $190,544 100%
Solar electric systems are the most environmentally friendly way of generating
electricity. According to the EPA, a typical 30kw system will save 50 pounds of nitrogen
oxides (NO) each year, 70 pounds of sulfur dioxide (S02) each year and 27,000 pounds
Copyright 2004 Akeena Solar, Inc.
Confidential Material
Akeena Solar, Inc. 605 University Ave., Los Gatos, CA 95032 www.akeena.net 40&395-7774
of carbon dioxide (CO2) each year -- equivalent to the CO2 absorption of ten acres of
trees! And these benefits will continue for the 30+ year lifetime of the system.
We have designed this system so that you will achieve the maximum possible energy
cost savings benefits while minimizing your expenses. More detailed information about
this solar electric system is provided in the attached proposal. In order to move ahead
quickly, we have also enclosed a sample electrical system design, project schedule,
Utility forms, Rebate forms and Purchase Agreement.
Please note that the size of this system makes it eligible for currently available CEC
rebates; these rebates should be reserved quickly since the $3,000 per kilowatt rebate
amounts that are set aside by the State will decrease by 6.7°h on January 1, 2005.
Do not hesitate to contact us if you have any questions. Your 100% satisfaction with
this analysis is very important to us, and we will do everything possible to exceed your
expectations.
Very truly~yourfs,
Akeena Solar, Inc.
Copyright 2004 Akeena Solar, Inc.
Confidential Material
Akeena Solar, Inc. 605 University Ave., Los Gatos, CA 95032 www.akaena.net 408-395-7774
Solar Site Survey and Electric Bill Analysis
We conducted a Solar Site Survey of your premises on October 21, 2004 at 2:30 PM.
During our discussions you indicated that your goals were to install a system that would
offset the optimal portion of your electrical loads, while maximizing the system Net
Present Value and to tie this system into the power grid to reduce your overall energy
costs. The costs and savings for your PV system are greatly affected by your current
electrical consumption. We therefore analyze your electrical consumption both before
and after the PV system is installed.
The A6 rate from PG&E is a Time-of-Use rate with seasonal peak, off-peak and partial-
peak charges plus several surcharges and adjustments. In summertime months (May -
Oct), the peak charge averages over $0.33 per kilowatt-hour, partial peak is $0.18/kwh,
and off-peak is $0.10/kwh. During the remainder of the year, there is no peak charge,
partial-peak is $0.17/kwh and off-peak is about $0.12/kwh.
The following chart is based on the monthly energy consumption figures that you
provided to us. Based on our discussion, a 0% escalation factor was assumed to
account for future usage increases. These consumption figures were then mapped into
your utility's rate schedule.
AB Rate: Current Monthly Energy Costs and Surcharges
.
34000
.
'
.
.. .
.
53500 ~ r ., , .~~ ~ , :~
O 3urcharpes
~ 000 ~ .~i ,;.'
^ FUak
32 SOD ~ .*fi, ~ s -, x
$2.000
~ ,~ B Partial Wak
51,500
~' :> ~ ^ q} Peak
51.000
~_^ _ r ,~~g.
3500
S-
)e~~ ~~ ~°r ~` ~ ~J~ 'JH ~~
~ O~ ~
F ~ p
Based on the above assumptions, your annual electric bill is $31,039 for 199,800
total kWh - an average of $0.1553 per kWh.
By installing a PV system you will significantly reduce your electrical consumption. The
following section of this report details the specifications of the system that we designed
for you. The chart below shows how the PV system we have designed for you reduces
your energy consumption in the highest rate tiers.
Copyright 2004 Akeena Solar, Inc.
Confidential Material
Akeene Solar, Inc. 605 University Ave., Los Gatos, CA 95032 www.akeena.net 40&395-7774
Scenario A
In this scenario we assume that you pay cash for the system (you do not take out a loan
or incorporate this improvement in your building mortgage). The following chart
summarizes these annual savings for aten-year period. The net annual savings include
the positive value of your electrical savings and green tag revenue (if any), but do not
include the initial purchase in year zero. Based on the conservative assumptions in this
proposal, your system will pay for itself in 13.1 years.
Annual Gsh Row in l)dlars -ScenarbA
$12,000 ~ s,y
$10,000
.
~
J
o
.: fr. 4 Fs,
. ,
~t
r ~~
'
a $6.000
~ ,~
~
~ $6.000 ~
O r v z'
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~n f a
~:
:
c ~ 000 ~ `'' ,;i+x. r^; '~ 1 ~
SA
~ 2 3 4 5 6 7 8 9 10
Year
Scenario B
In this scenario we assume that you take out a 5.75°/a loan to finance the system.
Interest on this loan is deductible and credited at your assumed marginal tax rate. The
following chart summarizes these annual savings for aten-year period. The net annual
savings include the positive values of your electrical savings, green tag revenue (if any)
and the interest rate tax benefits and the negative value of financing costs.
Annual Gsh Flow In Dollars - 8oenario B
~~
$12.000 -
w $10,000
c ~'~
a SB 000
L J q
W .54,000
_
m $2.OOD
e
~. ~
>., v
- ,-
a.
'
L
. ___
__..r.-
~..
Year
Please note that the savings calculated above are for estimate purposes only and are particularly sensaive to
current and future electric rates, as well as your future usage of electricity. Your actual savings may vary
depending on your actual energy costs, the final configuration and wiring of your PV system, real-world
operation of the system, economic factors, actual weather conditions and market conditions.
Copyright 2004 Akeena Solar, Inc.
Confidential Material
Joan Pisani
erpm; Mark Holohan [mholohan~uni-solar.com]
ent: Monday, November 08, 2004 6:37 PM
-Ta; Thomas Scott
Cc: Joan Pisani
Subject: Your Uni-Solar Inquiry
L.=.J L-.1 ~ LJ
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Thomas,
Thank you fox your Uni-Solar inquiry. We offer extremely innovative solar roofing
solutions in conjunction with installation companies. Examples of our applications
include:
1. Flat roofs - lightweight solar cells with no glass or frames that are bonded directly
to foam, single-ply, modified bitumen roof surfaces
2. Standing seam metal roofs - these attractive, brightly colored roofs provide an
excellent foundation fox the Uni-Solar product, which is installed in the pans by an
adhesive method. There are no unsightly frames or struts, making it the industry's most
attractive environmental statement
3. Parking shade structures - The Uni-Solar product on standing seam metal decking makes
an aesthetically pleasing and no-drip method of mounting solar and adding a useful feature
to the facility
4. Solar shingles on pitched roofs - Uni-Solar's award winning solar shingles look like
dark asphalt shingles and are mounted on pitched roof decks. They have even been
installed in historic districts that have consistently rejected all other solar products
financial considerations:
°1. Uni-Solar and our installation partners will apply and collect incentives from the
applicable programs, reducing the capital cost by up to 509
2. Certain partners offer third party ownership, whereby an investor funds the solar and
receives the tax benefits that would be unavailable to a municipal agency. Customers
often find that they receive electricity at a lower cost than their local electric
utility, and avoid the risk of ownership and uncertainty of utility rate changes.
California Public Code Section 4217 allows such transactions to be negotiated with
preferred suppliers, which provides important flexibility to obtain quality results that
are often difficult to obtain in low bid procurement.
In order to visualize the aesthetic qualities of Uni-Solar solutions, the simplest ways
are to view a few Power Point slides included below, and visit our website at
www.uni-solar.com. If you would like me to visit, I can bring a more extensive slide
presentation to show interested individuals.
In working with you, I suggest that we meet to get an overview of your energy challenges,
facilities, roofing plans and budget considerations. We can review potential
applications, costs, benefits and strategies to get the best results.
Please review this information and let's discuss how to assist you with your
investigation.
Best regards,
Mark Holohan
Director Commercial/Industrial Sales
NI-SOLAR
--d58-530-6586
www.uni-solar.com
«Slidel. JPG» «Slide2. JPG» «Slide3. JPG» «Slide4. JPG» «Membrane Roof
1
U~'/-5®LA2~
UiYITED SOLAR OVOIVIC LLC
GYestern Regional Office
4520 Viewridge Avenue ,_
San Diego, CA 92123.
Tel.: 858/614-1435 Faz.: 858/514-8694
Website: http:// www.~mi-solar.com
E-mail: mholohan(nnuti-solar.com
SOLAR ELECTRICITY PURCHASE CONTRACTS
GENERAL TERMS
Uni-Solar can arrange third party ownership for.our solaz electric systems, allowing building
owners to enjoy the benefits of clean, onsite energy without the commitment of capital. A
typical deal structure includes the following terms:
• Customer pays only for the electricity produced
• Contracts are 10 - 25 year terms
• Renewal, buyout or removal are negotiable for end of deals less than 25 yeazs
• 1~` yr fixed electricity rates at or below current investor owned utility rates
• Fixed annual escalation in rates, preventing surprises like the 46% SCE 2001 increase
• 100 kW minimum system size
• Subject to credit approval and incentive availability -best for stable occupancy
• Applications -standing seam roofs, flat roofs, shade structures
BENEFTTS:
1. No capital commitment by building owner
2. Protection against utility rate increases
3. Stops pollution and displays environmental stewardship
4. Enjoy positive public relations
5. Avoids ownership and performance risk
6. Improve facility with outside financial assistance
7. Uni-Solaz's roof friendly solutions can be coupled with superior roof solutions to
outsource roofing responsibility for 20 years
HOW IT WORKS:
• Uni-Solaz works with the host customer to determine the best solar sites, applications
and system sizing
• Uni-Solar develops system cost in conjunction with installers
• The host customer and financing group execute a contract for solaz electricity supply
• The financing group, Uni-Solaz and installers execute contracts for materials and
installation
• Public agencies may negotiate these energy saving contracts without competitive
bidding to obtain a quality solution without the hassles associated with low bid
contracting (California Public Code section 4217)