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10-19-2005 City Council Agenda Packet
CITY OF SARATOGA CITY COUNCIL SITE VISIT AGENDA TUESDAY, OCTOBER 18, 2005 3:00 P.M. ROLL CALL REPORT OF POSTING AGENDA AGENDA APPLICATION 06-092 FOR LANDMARK STATUS AND MILLS ACT AGREEMENT -14288 CHESTER AVENUE 2. APPLICATION 05-029 FOR GENERAL PLAN AMENDMENT AND REZONING -14574 HORSESHOE COURT 3. ANNEXATION OF THE FOLLOWING PARCELS OF LAND AT 19330 SARATOGA-LOS GATOS ROAD: APN 510-06-006 AND AT 19460 BAINTER WAY: APN 510-25-066 In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on October 14, 2005 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's websit~e~at www.saratoQa.ca.us 14`h day of October 2005 at Saratoga, California. oyer, CMC .- AGENDA CITY OF SARATOGA CITY COUNCIL COMM[JNITY SURVEY STUDY SESSION OCTOBER 18, 2005 COMMUNITY CENTER PATIO ROOM -19655 ALLENDALE AVENUE CALL MEETING TO ORDER - 4:00 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 13, 2005) COMMUNICATIONS FROM 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. Overview of Community Survey and Study Session Purpose - Lorie Tinfow, Assistant City Manager 2. Introduction of John Fairbank and Sueanne McNeil Biotti, from Fairbank, Maslin, Maullin, and Associates - Lorie Tinfow, Assistant City Manager 3. Background Information on Development and Use of a Survey - Faibank &Biotti 4. Review of Draft Survey 5. Citizen Input 6. Conclusions & Direction -Mayor and City Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1169 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 (18 CFR 35.101-35./04 ADA Title II). Certificate of Posing of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on October 14, 2005, at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www saratora.ca.us -Sigtr'~ ' u 4` y ojOctober 1005 at Saratoga, California. --....i. '''~~' ~.,ii;7oo,;Tri:;o,('('iti1(`~(?ifv Clerk AGENDA CITY OF SARATOGA CITY COUNCIL CIP STUDY SESSION OCTOBER 18, 2005 COMMUNITY CENTER PATIO ROOM -19655 ALLENDALE AVENUE CALL MEETING TO ORDER - 6:00 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 14, 2005) COMMUNICATIONS FROM PUBLIC Oral Communications on Non-Aeendized 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: Recap of October 5, 2005 CJP Study Session John Cherbone, Public Works Director 2. Prioritization of Proposed Projects and Existing Projects Based on Budget Constraints -John Cherbone, Public Works Director Conclusions & Direction -Mayor and City Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga. ca. us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posing of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on October 14, 2005 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at wwwsaratoPa.ca.us Si `day-of October 2005 at Saratoga, California. .._ AGENDA REGULAR MEETING SARATOGA CITY COUNCIL OCTOBER 19, 2005 OPEN SESSION - 5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE JOINT MEETING WITH PLANNING COMMISSION. REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/GOUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 14, 2005) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff' Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions None Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS 1, Proclamation Supporting October 16-22, 2005 as the YWCA of Silicon Valley "Week Without Violence" Recommended action: Present proclamation. 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. City Council Minutes -September 7, 2005 Recommended action: Approve minutes 2B Review of Check Register Recommended action: Approve check register. 2C. Treasurer's Report for the Month Ended September 2005 Recommended action: Accept report. 2D. Memorandum of Understanding with Millman & Industrial Carpenters Loca1262 Recommended action: Adopt resolution approving the MOU; authorize the City Manager to execute MOU. 2E. Haymeadow Drive Subdrain Improvements -Award of Construction Contract Recommended Action: Approve contract. 2F. Motor Vehicle (MV) Resolution Prohibiting Parking on Herrman Avenue Recommended Action: Adopt resolution. 2G. Motor Vehicle (MV) Resolution Prohibiting Pazking on Upper Hill Drive Recommended Action: Adopt resolution. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for. continuance are subject to Council's approval at the Council meeting) Application 06-080 for Mills Act Agreement -14051 Saratoga-Sunnyvale Road Recommended action: Open public hearing, introduce and waive the first reading; direct staff to place the ordinance on the consent calendaz for the next meeting; adopt resolution; direct City Manager to enter into a Mills Act Agreement. 4 Application 06-092 for Landmazk Status and Mills Act Agreement -14288 Chester Avenue Recommended action: Open public hearing, introduce and waive the first reading of ordinance; direct staff to place the ordinance on the consent calendaz for the next meeting; adopt resolution; direct City Manager to enter into a Mills Act Agreement. Application OS-029 for General Plan Amendment and Rezoning -14574 Horseshoe Court Recommended action: Open public hearing; adopt resolution amending the General Plan; adopt ordinance rezoning the property as R-1-40, 000. OLD BUSINESS 6. Sazatoga Library Project Construction Summary Report Recommended action: Accept report and authorize expenditure of an additional $10,000 for tasks identified in this report. Activity Summary of Fapade Improvement Program Recommended action: Informational only. NEW BUSINESS 8. Annexation of an Approximately 5,306 Squaze Foot Portion of APN 510-06-006 Located at 19330 Saratoga-Los Gatos Road. The Gross Lot Size of this Parcel is Approximately 3 Acres the Majority of Which is Located in the City of Sazatoga Recommended action: Staff recommends the City Council approve the attached Resolution of Initiation of Annexation. 3 9 Changes to Staff Classification and Salary Survey Policy Recommended action: Approve the attached list of staff positions with FTE changes, and establish a new policy on conducting salary surveys and implementing new salary ranges administratively every two years starting in 2005-06. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kint? Association of Bay Area Government Hakone Foundation Liaison Santa Claza County Cities Association Santa Clara County Emergency Prepazedness Council SASCC West Valley Mayors and Managers Association Vice Mavor Norman Kline County Cities Association Leg. Task Force Library Joint Powers Association SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) Valley Transportation Authority PAC Village AdHoc Kevin Moran Park AdHoc Councilmember Nick Streit Recycling & Waste Reduction Commission of SCC Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Councilmember Aileen Kao Chamber of Commerce County HCD Policy Committee Peninsula Division, League of California Cities Councilmember Ann Waltonsmith KSAR Community Access TV Boazd Northern Central Flood Control Zone Advisory Boazd Sazatoga Historic Foundation Sister City Liaison CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. 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 77) 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 Ocotber 14, 2005 of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was auailablgfor public review at that location. The agenda is also available on the City's October 2005 at Saratoga, California. ,CMC CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 11/2 Regulaz Meeting -Joint Meeting with Friends of the Sazatoga Libraries 11/16 Regular Meeting -Joint Meeting with Historic Foundation 12/6 Special Meeting -Council Reorganization 12/~ Regulaz Meeting -Joint Meeting with Mt. Winery 12/21 Regulaz Meeting 1/4 Regular Meeting SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~ PREPARED BY: DEPT HEAD: SUBJECT: Proclamation Supporting the Week of October 16-22, 2005 as the YWCA "Week Without Violence" RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: Mary Diridon from the YWCA/Counseling Services will be present to accept the proclamation. 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: Copy of proclamation. CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF OCTOBER 16-22, 2005 YWCA OF SILICON VALLEY WEEK WITHOUT VIOLENCE WHEREAS, the YWCA Week Without Violence is a positive initiative to create a vision of harmony and peace -free of violence -within our homes, our classrooms, our businesses, out communities, our nation, and ultimately, our world. The YWCA of Silicon Valley, brings to this initiative a history of 100 yeazs of community service to the population living and working in Santa Clara County; and being that October 16 - 22, 2005 the stazt of an annual YWCA Week Without Violence initiative; and WHEREAS, the YWCA of Silicon Valley is one of a nation wide associatioti within the United States. The YWCA of Silicon Valley provides a wide range of programs and services, counseling services, child and teen assault prevention, safe and caring childcaze, teen pregnancy prevention, school based counseling, pazenting education, and rape crisis center, as well as youth employment guidance. Nationally, YWCA organizations work actively within the community to deliver programs and services based on values of peace, justice, freedom and equality. The YWCA of Silicon Valley, participating with other YWCA organizations in the YWCA Week Without Violence initiative, is working towazd ensuring the well-being and safety of our country; and WHEREAS, the YWCA Week Without Violence initiative encourages children, youth, women and men to focus on building practical and sustainable alternatives to violence through positive community activities and gatherings at the YWCA of Silicon Valley, civic centers, schools, community organizations, neighborhoods, and workplaces; and WHEREAS, the initiative provides a series of local forums designed to encourage communities to discuss positive approach and ways to create a collaborative strategy to eliminate violence. Working locally, nationally and worldwide, the YWCA Week Without Violence initiative presents a means for all Santa Claza Valley citizens to visualize a community free from violence, and to work toward making it a reality. Taking this opportunity to work for the well-being and the safety of the citizens of Santa Clara Valley. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim October 16-22, 2005 as the YWCA OF SILICON VALLEY WEEK WITHOUT VIOLENCE Witnessed our hand and seal of the City of Saratoga on this 12`h day of October 2005. Kathleen M. King, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 ORIGINATING D PT• ity Manage ' Office PREPARED BY: Cathleen Boy 'ty Clerk AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -September 7, 2005 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 September 7, 2005 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 7, 2005 __ The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:15 p.m. Public Emnlovee Performance Evaluation (Gov't Code 54957) Title: City Manager Conference With Labor Ne orig 'ators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager Employee organization: Millman & Industrial Carpenters Local 262 Mayor King called the Regulaz City Council meeting to order at 7:00 p.m. and asked Justin Chin, representing Tmop 408, to lead the Pledge of Allegiance. Mayor King stated that Councilmember Kao was excused from tonight's meeting in order to attend an emergency meeting called by the Mayor of the City of San Jose, Ron Gonzales, to discuss local relief and recovery efforts for Hurricane Katrina. ROLL CALL PRESENT: Councilmembers Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King ABSENT: Councilmember Aileen Kao -... ALSO Dave Anderson, City Manager PRESENT: Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 7 2005 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 7, 2005 was properly posted on September 2, 2005. ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Citizen Ray reported that there was a dead oak tree on Oak Street. Citizen Ray commended the City of the new striping and knock down signs on Sazatoga-Los Gatos _ Road. COUNCIL DIRECTION TO STAFF None COMMUNICATIONS FROM BOARDS AND COMNIISSIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS PROCLAMATION DECLARING THE WEEK OCTOBER 2-9, 2005 "BUILDING BRIDGES WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor King read the proclamation and presented it to Marie Drake, Executive Director of the Southwest YMCA and Chairperson for the 2005 Building Bridges event. Ms. Drake briefly highlighted the upcoming event and thanked the Council for their continued support. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -AUGUST 3, 2005 STAFF RECOMMENDATION: Approve minutes. STRETI'/WALTONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES OF AUGUST 3, 2005. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STRETT/WALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STRETT/WALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2D. TREASURER'S REPORT FOR THE MONTH ENDED NNE 2005 STAFF RECOMMENDATION: Accept and file report. STRETT/WALTONSMITH MOVED TO ACCEPT TREASURER'S REPORT FOR THE MONTH ENDED JUNE 2005. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2E. TREASURER'S REPORT FOR THE MONTH ENDED JULY 2005 STAFF RECOMMENDATION: Accept and file report. STREIT/WALTONSMITH MOVED TO ACCEPT TREASURER'S REPORT FOR THE MONTH ENDED JULY 2005. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2F. CITY MANAGER EMPLOYMENT AGREEMENT STAFF RECOMMENDATION: Authorize Mayor to execute agreement. STRETT/WALTONSMITH MOVED TO AUTHORIZE MAYOR TO EXECUTE CITY MANAGER'S CONTRACT. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2G. RELOCATION OF CITY'S EMERGENCY OPERATIONS CENTER TO SARATOGA FIRE STATION STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: OS-054 STRETT/WALTONSMITH MOVED TO ADOPT RESOLUTION TO MOTION PASSED 4-0-1 WITH KAO ABSENT. 2H. CANCELLATION OF LANDSCAPE MAINTENANCE AGREEMENT STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: OS-054 STREIT/WALTONSMITHMQVED TO ADOPT RESOLUTION OF LANDSCAPE MAINTENANCE AGREEMENT. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2I. RESOLUTION ADOPTING A "CODE OF CONDUCT" FOR THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY COLLECTION FRANCHISE PROCUREMENT PROCESS STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: OS-051 STRETT/KLINE MOVED TO ADOPT RESOLUTION ADOPTING A "CODE OF CONDUCT" FOR THE WEST VALLEY SOLID WASTE _ _ -...-. w ww ~ ~~I~T~T T PASSED 4-0-1 WITH KAO ABSENT. City Attorney Taylor requested that the Council familiarize themselves with the Code of Conduct. 4 2J. GATEWAY LANDSCAPE EASEMENT/OFFER OF DEDICATION STAFF RECOMMENDATION: Adopt resolution vacating a portion of old Saratoga-Sunnyvale Road; Adopt resolution accepting Offer of Dedication; Adopt resolution accepting Offer of Dedication for permanent easement. RESOLUTION: OS-057& 058 STRETT/WALTONSMITH MOVED TO ADOPT RESOLUTIONS VACATING A PORTION OF OLD SARATOGA-SUNNYVALE ROAD: ACCEPTING OFFER OF DEDICATION• ACCEPTING OFFER OF DEDICATION FOR PERMANENT EASEMENT. MOTION PASSED 4-0-1 WITH KAO ABSENT. 2K. CALPERS EMPLOYEE PICK-UP RESOLUTION FOR PRE-TAX PAYROLL DEDUCTIONS PLAN FOR EMPLOYEE SERVICE CREDIT PURCHASE PLAN STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 05-056 STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION APPROVING THE CALPERS EMPLOYEE PICK-UP RESOLUTION FOR CREDIT PURCHASE PLAN. MOTION PASSED 4-0-1 WITH KAO ABSENT. PUBLIC HEARINGS ANNEXATION OF ASSESSORS PARCEL NUMBER 503-80-01 AT 22461 MOUNT EDEN ROAD STAFF RECOMMENDATION: Conduct public hearing; Approve the petition of annexation; Adopt resolution. RESOLUTION: OS-053 John Livingston, Community Development Director, presented staff report. Director Livingstone explained the annexation process agreement with the Local Agency Formation Commission (LAFCO). Director Livingstone stated that the applicant fora 1.89-acre parcel located at 22461 Mount Eden Road submitted a Development Application for Annexation and Design Review Approval on December 11, 2003. A resolution initiating the annexation was adopted by Council on March 3, 2005 and was not protested. planning Commission approved the proposed Design Review on May 11, 2005. Director Livingstone noted that staff has received notification for the County Surveyor's Office that the proposed project is in compliance with I,AFC~'s road annexation policies. Director Livingstone also noted that this annexation was exempt from the California Environmental Quality Act (CEQA). Mayor King opened the pubic hearing and invited public comments. Seeing none, Mayor King closed the public hearing. STRETI'/KLINE MOVED TO ADOPT RESOLUTION APPROVING AN ANNEXATION TO THE CITY OF SARATOGA OF CERTAIN UNINCORPORATED TERRITORY COMMONLY KNOWN AS 22461 MT. EDEN ROAD. MOTION PASSED 4-0-1 WITH KAO ABSENT. OLD BUSINESS 4. ALOHA AVENUE/HIGHWAY 9 INTERSECTION SAFETY IMPROVEMENTS STAFF RECOMMENDATION: Accept report and direct staff to implement public safety improvements to the Aloha/Highway 9 intersection as stipulated by the City Traffic Engineer's Report stated August 31, 2005. John Cherbone, Public Works Director, presented staff report. Director Cherbone reported that on August 4; 2005, the City's Public Works Department erected a sign prohibiting left toms onto Highway 9 from Aloha Avenue in light of limited sight distance and accident history at the intersection. Furthermore, Dtrector Cherbone stated that at the August 10, 2005 meeting Council adopt a Motor Vehicle Resolution prohibiting left toms. Director Cherbone noted that Council has been given a copy of the traffic analysis provided by the City's Traffic Engineer Sohrab Rashid. This report provides an analysis of the intersection including safety improvement options for Council's consideration. Director Cherbone explained the following options: • Option 1- No Action • Option 2 -Install Mirror • Option 3 -Prohibit Left Turn • Option 4 - Remove a Portion of the Rock Wall • Option 5 -Half Street Closure Option 6 -Full Street Closure Director Cherbone stated that per the traffic report Option 5 is the recommended option with Conceptual Plan A being the preferred half street closure layout. This plan allows better visibility for pedestrian's crossing Aloha then Conceptual Plan B. Director Cherbone noted that if this option is considered the improvements which aze necessary to prohibit ingress onto Aloha Avenue from Highway 9 could initially be interim. Director Cherbone explained that this would allow the City to study post traffic patterns prior to installation of permanent improvements. Director Cherbone added that this option might not be populaz with members of the public who would have to change their driving patterns. Vice Mayor Kline asked how many accidents have happened at this intersection. Director Cherbone responded that there have been five accidents at this intersection over the last yeaz and added that this intersection is the most accident- prone intersection in the City. The following person requested to speak in regazds to this item: Citizen Ray stated that he witnessed the aftermath of the most recent accident at this intersection involving the bus. Citizen Ray stated that attempting to make a right hand turn at this intersection is extremely dangerous. Citizen Ray suggested widening Sazatoga-Los Gatos Road. In regards to Citizen Ray's comments regazding widening the mad, Councilmember Streit pointed out that Caltran governs Highway 9. Vice Mayor Kline noted that he is disappointed that there wasn't more public input in regards to this item. WAI,TONSMITH/STREIT MOVED TO DIRECT STAFF TO NOTIFY THE SURROUNDING NEIGHBORS• SUPPORT OPTION #3 -PROHIBIT LEFT TURNS• SUPPORT OPTION #5 -TEMPORARY HALF-STREET CLOSURE• REPORT BACK TO COUNCIL AT THE SECOND MEETING IN JANUARY 2006. MOTION PASSED 4-0-1 WITH KAO ABSENT. 5. REVIEW OF CONCEPTUAL PLANS FOR THE DE ANZA TRAIL STAFF RECOMMENDATION: Direct staff to move forwazd with Options 1,2,3 as described in the staff report. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that on July 6, 2005 City Council was presented the De Anza Trail Conceptual Plan provided design comments regarding the layout of the trail. Council also heazd comments from members of the public regazding the project. Director Cherbone noted that staff recently met with VTA staff and it appears that funding for design and construction will be from a Federal source and not local funds such as Measure B, which is the funding source for Phase 1, the Conceptual Plan Phase. What this means is that the City will be required to perform a NEPA (National Environmental Protection Act) study along with a CEQA (California Environmental Protection Act) study. Director Cherbone explained that the NEPA and the CEQA studies are not in the project budget and the City would need to apply for fund to perform them. Director Cherbone noted that this requirement pushes the Mater Plan approval out into winter 2005/spring 2006. Staff believes it is not prudent to perform a CEQA study knowing that the project will require a NEPA study in the future. It is best to perform all of the environmental studies at the same time and by the same consultant. Director Cherbone pointed out that staff pursued the design changes that the Council asked for at the meeting held on July 6a'. Director Cherbone stated that these changes included removing the turn-azound azeas, eliminating the bicycle path azound the PG & E towers and obtaining a variance on the width of the trail. Director Cherbone noted that on August 10, 2005 staff met with the VTA Bicycle Advisory Commission to ask for the width variance. There were no negative comments from the committee, so staff directed the City's design consultant to prepaze a conceptual plan that reduces the trail to 5 feet wide, thus eliminating the need for the trail to be on both sides of the PG 8c E towers. If the City moves forwazd with this project, Drector Cherbone explained that the City would need to submit an application to VTA for funding, which would entail submitting the preferred conceptual plan to VTA for review by the BPAC. Director Cherbone noted that if the City decides to move forward with the 5-foot wide trail option it might not meet the conditions of the Bicycle Expenditure Plan (BEP) where the De Anza Trail Project is listed for funding. VTA staff is optimistic that it may still meet the spirit of the BEP because the largest expenditure item, the two bridge crossings, will be built to bicycle width standazds. If the 5-foot conceptual plan does not meet the conditions of the BEP then the City can apply for funding through a pedestrian funding source available through the VTA. Director Cherbone noted that there was a possibility of funding the bridge crossings via the BEP and funding the trail via the pedestrian funding sources. Director Cherbone noted that this new information does create an additional phase in the project -Environmental Studies (CEQA & NEPA). The following people spoke on this item: Michael Braucher stated that he supports Option 3 in the report - do nothing. Mr. Braucher stated that he is not willing to spend taxpayers' money on this project. Michael Gilbert thanked City staff and the City Council for all the time spent on this project. Mr. Gilbert stated that he is not for or against this project but is trying to look at the project in the bigger picture. Mr. Gilbert stated that the Council should make a decision for the entire City not just special interest groups. Mr. Johnson pointed out that the 12-foot wide trail depicted on the map in the lobby shows a trail across the McBride property, Cox Avenue, and the San Jose Water property. Mr. Johnson stated that the map is incorrect. Mr. Johnson stated that he has pointed this out three times and his concerns have not been addressed. Mr. Johnson stated that he feels the meetings before Council have been a sham. Robert McBride stated that the eight-foot stretch of trail around the towers is a waste of money. Mr. McBride stated that if the trail is cut down to afive-foot trail the user group would be limited to pedestrians only and would Still COSt OVCT $2 million dollazs. Jeffrey Pugh noted that he does not support the proposed project and pointed out that his copcems regarding the maintenance of the trail have not been addressed. Mr. Pugh stated that the City does not have the funds to maintain the trail nor hire extra Deputies to patrol the azea. Mr. Pugh stated that he was stunned and dismayed by the Council's lack of listening to the neighbors. Mr. Pugh urged the Council to support Option #3. Aaron Katz noted that he fully supported the proposed project as long as it was a multiuse trail. Mr. Katz pointed out that this trail would someday be a part of the countywide trail system to reduce cars from the streets. Mr. Katz urged the Council to vote in favor of the project. Rajeen Gupta stated that his home borders the railroad track property and Congress Springs Park. Mr. Gupta noted that he fully supports the proposed project. Mr. Gupta stated that he believes the trail project will make the neighborhood safer. Sally O'Hearn stated that the proposed trail goes nowhere and will not benefit anyone. Ms. O'Hearn stated that she is against the proposed project Donna Poppenhagen noted that her concern with the proposed trail is privacy and security. Ms. Poppenhagen urged the Council to keep the trail in its natural state. Rita Witmer noted that she is against proposed project. Ms. Witmer urged the Council to support Option #3. Michael Nishimoto noted that he opposes the project and listed questions he felt have not been answered such as; what this property could be used for in the future if this project did not go forward; accurate safety distance between the trail and the railroad tracks; and the possible heath issues relating to the power lines. Bill Johnson stated that this trail does not meet any of VTA requirements in order to qualify for funding. Mr. Johnson noted that he is against the proposed project. Jim Stallman noted that he fully supports the proposed project. Ann Ng stated that she was Cupertino resident. Ms. Ng urged the Council to move forward with this project. Citizen Ray recalled his experience in the City of Orinda regazding power lines neaz a playground. Bill Witmer stated that this project would disrupt the lives of people who live near the trail. Mr. Witmer stated that he is against the proposed project. Mr. Witmer also asked why several correspondences were not in the staff report. Laura Gloner noted that she fully supported the proposed project. Brad Bigley asked the Council how many logical azguments they needed to hear to put a stop to this project. Essam Khali stated that this trail would only benefit special interest groups. Mr. Khali stated that he is against the proposed project. Cecilia Buluth noted that she is tired of attending meetings regazding this project. Ms. Buluth urged the Council to wait to until the trail can be a real trail and not three separate segments. Ms. Buluth stated that the City Council has not been listening to the neighbors, so they will consult with their attorney and go one step further. Murray Siegel noted that the valley has dramatically changed, becoming jammed and crowded. Mr. Murray stated that he would welcome a suitable trail. Mr. Murray suggested placing the project on hold to evaluate the situation further. Mayor King thanked the public for their comments. Addressing some of the questions asked during the public comments, Mayor King asked Director Cherbone the correct safety margin azound the railroad tracks. Director Cherbone responded that according to a railroad employee he spoke to, the safety mazgin from the track is 25 feet from the center of the track. Director Cherbone noted that the Public Utilities Commission (PUC) had no horizontal requirements only vertical. Director Cherbone added that in a couple of places along the tracks there aze unique situations where the track was not built in the center of the right-of--way. The corridor is 80 feet wide and the PUC governs it. Mayor King asked about the zoning designation. Director Livingstone responded that the property is currently zoned residential Mayor King asked if the railroad went away today could houses be built on that property. Director Cherbone responded yes. Mayor King inquired about the safety issues raised concerning the power lines. 10 Director Cherbone noted he met with PG&E and the proposed use is consistent with their facilities. If the proposed trail goes forwazd an Environmental Impact Report (EIR) would have to be done by a professional and these questions would be addressed. In regazds to the comments that attachments were missing from the report, Mayor King asked Director Cherbone to respond to that comment. Director Cherbone noted that staff did not duplicate the attachments that were presented to Council in July 6, 2005 staff report. Director Cherbone noted that the report before the Council this evening contains everykhing staff has received since July 6. Referring to the comment that the trail is in three segments, Mayor King asked Director Cherbone to respond. Director Cherbone stated that the trail is actually two segments that is sepazated by the portion of property that the City has no right-of--way. In regazds to the comment about the map in the lobby being wrong, Mayor King asked Director Cherbone to respond. Director Cherbone stated that the portion in the middle cannot be built; it's mazked as "future trail" using a dash line. Referring to the comments that the City Council has not been listening to the neighbors, Councilmember Waltonsmith stated that the City has had several meetings to discuss this issue. Councilmember Waltonsmith stated that she supports the proposed trail and believes it will be a great addition to the neighborhood. The project would make the area safer and provide an all weather trail. Councilmember Streit stated that in the past 7 yeazs since he has been a member of the City Council he has seen a lot of issues and unfortunately people cannot always agree. Councilmember Streit stated that 11,000 households elected the City Council and they need to make decisions that will benefit the whole community. Vice Mayor Kline noted that in the past he stated that he would only support the proposed trail if the negative impacts and concerns of the neighbors were mitigated. Vice Mayor Kline noted that he would support moving forwazd. Mayor King noted that she supports moving forwazd with Option #1. KLINE/WALTONSMITH MOVED TO SUPPORT OPTION lA-DIRECT STAFF TO MOVE FORWARD WITH CONCEPTUAL PLAN 1 12-FOOT WIDE TRAIL REDUCING TO 5-FEET ON THE NORTH SH)E OF THE TOWER• MOVE FORWARD WITH PHASE 2- ENVIRONII~NTAL STUDY. MOTION PASSED 4-0-1 WTI'H KAO ABSENT. 11 Vice Mayor Kline asked Director Cherbone if VTA would notify the neighbors on upcoming hearing to reviewer the City's project. Director Cherbone responded no the VTA does not normally send out notices, but if directed staff would notice the neighbors on all upcoming meetings held by the VTA. Council directed staff to notify interested parties of VTA hearings. Mayor King declazed aten-minute break at 10:10 p.m. At this time Councihnember Kao returned to the dais. Mayor King reconvened the meeting at 10:20 p.m. Consensus of the City Council to move to New Business Item #8. NEW BUSINESS 8. VILLAGE REVITALIZATION STRATEGY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that the health of the Saratoga Village has been a City focus for at least 20 yeazs. In 1988, a City task for prepared the Sazatoga Village Plan and that plan became the foundation for the Saratoga Village Guidelines approved in-1991. Assistant City Manager Tinfow stated that many elements of the plan and the guidelines were implemented. In 2001, the City Council broadened its view on economic vitality by creating an Economic Development Program. Although the program had some substantial accomplishments, when faced with budget shortfalls for the third yeaz in a row, the Council eliminated the Economic Development Program from the 2005-OS budget. Assistant City Manager Tinfow reported that the Village Ad Hoc Committee and staff have prepazed a preliminary Village Revitalization strategy that attempts to pull together the dispazate activities either currently underway or proposed. The strategy returns to the eazlier work represented by the Saratoga Village Plan and the Saratoga Village Guidelines that is still unfinished and proposes to use both documents as the foundation for current revitalization efforts. In regazds to process, Assistant City Manager Tinfow stated that staff recommends using a community based process for updating the Village Plan that could be structured in a number of ways: Option 1 - Form a Task Force Option 2 - Form a Stakeholder Group Option 3 -Hold open meetings for all who want to be a part of the process 12 Assistant City Manager Tinfow noted that elements of the Sazatoga Village Plan and the Design Guidelines were left incomplete and some level of funding would be needed to fulfill any plan. Currently the CIP has an "infrastructure" project called "Village Streetscape Improvement -Landscape" that has approximately $130,000 in funding associated with it. Assistant City Manager Tinfow explained that these funds could be redirected to Village Revitalization. Assistant City Manger Tinfow briefly described a list of possible activities the funds could be used on. The following people requested to speak on this item: Laura Perusa stated that she was a Village Gazdener. Ms. Perusa described their mission and described completed projects. Ms. Perusa stated that the Village Gazdeners recently held a gazage sale and raised $1,200. Ms. Perusa stated that they just want to help beatify the Village. Lauren Cook stated that she was a Village Gazdener. Ms. Cook stated that the Village Gazdeners would like to concentrate on Blaney Plaza. Ms. Cook requested that the City repair the irrigation system in Blaney Plaza. Brain Berg noted that he maintains the list serve for the Sazatoga Village Development Council (SVDC) -formally known as Sazatoga Business Development Council (SBDC). Mr. Berg stated that so faz 60 people have registered on this list serve. Mr. Berg thanked the City for the Fagade Program. Mr. Berg noted that they have formed a Village Banner Committee. Gene Zambetti noted that he was a resident and property owner. Mr. Zambetti urged the Council to support Option #1. Mr. Zambetti noted that he is working on forming a Business Improvement District (BID). Marilyn Machetti noted that she is on the SVDC. Ms. Machetti thanked the Village Gazdeners for their work in the Village. In regards to the banner in the Village, Ms. Machetti described the problems with the brackets that hold the Ibanners in place. Ms. Machetti requested that the City prune the trees in the Village stating that thelook terrible. Jim Morley noted that he is glad to see the new energy and support for the Village. Consensus of the City Council to support Option #1-Form Village Task Force. Council directed staff to return to Council at the next meeting with a list of possible Task Force members. OLD BUSINESS 6. EXPEDITED ANNEXATION PROGRAM FOR COUNTY ISLANDS STAFF RECOMMENDATION: Accept report and direct staff accordingly. 13 John Livingstone, Community Development Director, presented staff report Director Livingstone explained that on August 8, 2205 staff was directed to return to Council with a report on the proposed County Island expedited annexation program. Director Livingstone stated that in order to encourage cities to annex urban unincorporated islands, the State of California has created a streamline process that does not require protest or election requirement. This process is only available to January 1, 2007. LAFCO has identified six islands located in the City of Sazatoga. As part of the LAFCO policy to encourage cities participation they have made the policy that cities should annex unincorporated island before adding to any of the City's Urban Service Areas. To further encourage annexation, Director Livingstone stated that the County Boazd of Supervisors have agreed to subsidize the costs of the survey mapping, Boazd of Equalization fees, and provide street improvements. Director Livingstone explained that of the six identified azeas in Sazatoga only four aze less than 150 acres maximum allowed to participate in the expedited program. The azeas that qualify aze as follows: Map #1-Prospect Road Area 104 acres Map #4 - On Qrbit Drive Area 93 acres Map #5 -Hidden Hill Road Area 20 acres Consensus of the City Council to direct the City Geologist to evaluate -Map #1- Prospect Road Area 104 acres, and bring back a report to Council for review and evaluation. 7. PRIORITIZATION OF ADVANCED PLANNING ACTIVITIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Community Development Director, presented staff report. Director Livingstone explained that on August 8, 2205 staff presented Council with a report requesting guidance in prioritizing the General Plan update and fifteen ordinances. After reviewing the report Council directed staff to return to Council with a report outlining a work program with a time line based on the priorities that they established. Director Livingstone provided a brief update on the General Plan Elements update noting that they should be completed by November 2006. In regards to the fifteen ordinances, Director Livingstone stated that each ordinance would require a minimum of three months. 14 Director Livingstone outlined the six ordinances that Council recommended staff to work on: Personal Services Ordinance, Density Bonus Per SB 1818 and Housing Element 2.1, Conditions of Approval, Noise Ordinance, City Landmark Status, Village Parking. Director Livingstone noted that the estimated time line for the work program might be subject to change due to fluctuations in the current planning w0ikl0ad, complex and controversial projects, or special projects. Consensus of the City Council to direct staff to move forward with the six ordinances outlined in the staff report and the General Plan updates. NEW BUSINESS 9. SOURCE OF FUNDING FOR COMMUNITY SURVEY STAFF RECOMMENDATION: Designate source for community survey. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that in May 2005, Council established the Revenue Enhancement Ad Hoc Committee comprised of Mayor King and Vice Mayor Kline. In addition Council agreed to issue a Request for Proposals (RFP) from survey firms to conduct a community survey. The RFP was issued on July 8, 2005, and eight proposals were received. The Committee has reviewed the proposals and would be conducting interviews with selected firms sometime between Sept 7 and 16. Staff expects to bring the request to award the contract to the finalist at the September 21, 2005 City Council meeting. Prior to that decision point, the Committee decided to bring a request to the full Council for direction about funding source. Total costs are expected to be approximately $25,000. Assistant City Manager Tinfow briefly described the scope of work for the survey, timeline, funding options, and surveys conducted by other agencies. STRETI'/KLINE MOVED TO DESIGNATE COUNCIL CONTINGENCY TO FUND THE COMMUNITY SURVEY. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King had no reportable information. Vice Mayor Norman Kline had no reportable information. 15 Councilmember Nick Streit had no reportable information. Councilmember Aileen Kao had no reportable information. Councilmember Ann Waltonsmith reported the following information: Sister C~tv Liaisom -thanked tl'e Mayor and City staff for hosting the annual reception for the student exchange program. Announced the Moon Viewing event at Hakone Gazdens September 23, 2005 CITY COUNCIL ITEMS Councilmember Kao reported on the results of the meeting she attend this evening that was called by Mayor Gonzales. Councihnember Kao stated that the City of San Jose and the Board of Supervisors aze appealing to all cities in Santa Claza County to join them in assisting this relief effort by contributing $0.50 per resident to the American Red Cross to support relief and recovery assistance locally. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor King adjourned the meeting at 12:00 a.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 16 SARATOGA CITY COUNCIL ~- MEETING DATE: 10119/2005 ORIGINATING DEP/T~: Admin. Svcs. PREPARED BY: Y Usha Dhulipala AGENDA ITEM: 26 CITY MANAGER: ~~~~'--- DEPT HEAD:_~ Michele Braucht SUBJECT: Check Register for 10/06/2005 RECOMMENDED ACTION: That the City Council accepts the Check Register for 10/06/2005. REPORT SUMMARY: ~.- Attached with Check Register for 10/6/2005 checks were released on 09/29/2005. The checks were released on 10/06/2005. Payroll Type of Checks Date Starting Checks # Ending Check # Total Checks Amount Account Pa able 10/6/2005 100442 100538 97 1,072,447.41 Pa oll 9/29/2005 31164 31187 24 117,670.82 TOTAL 1,190,118.23 Check number 100317 was voided for the amount of $39.00. Check number 100421 was voided for the amount of $1,350.00. The check was voided and reissued because the original was lost in the mail. The prior Check Register for 09/20/2005 ended with check number 100441. ... FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: and 001 Fund Descri tion General A/P Total 999,777.70 PR Total 37,551.44 Total 1,037,329.14 150 Streets & Roads 6,678.13 13,533.32 20,211.45 180 LLA Districts - 201 Manor Dr. La.Sca 929.60 929.60 202 Frederickburge LS 813.96 813.96 203 Greenbriar LS 598.25 598.25 204 uito Li hting 944.27 944.27 205 Azule Li htin 205.58 205.58 206 SaraHills Li to 246.03 246.03 207 Villa e Li htin 543.20 543.20 209 McCart Vi1LS 656.02 656.02 210 TriciaWds LS 667.67 667.67 211 Arroyo De Sara LS 263.16 263.16 212 Leutar Ct LS 263.16 263.16 215 BonnetWy LS 1,101.06 1,101.06 216 Beaucham s LS 283.35 283.35 217 Sunland Pk LS 1,015.92 1,015.92 222 Prides Crsn LS 1,403.66 1,403.66 224 Village Comm LS 2,144.81 2,144.81 225 Sarato a Le endsLS 851.70 851.70 226 Be11Gr. LS& Litn 5,963.94 5,963.94 228 Kerwin Rc LS 683.40 683.40 229 Toll ate LS/ Litn 416.02 416.02 231 Horseshoe LS/Litn 327.90 327.90 250 Develo ment Svcs 26,374.36 41,981.00 68,355.36 260 Environmental 6,894.38 4,598.46 11,492.84 270 Housin & Comm 290 Recreation 4,562.86 15,752.20 20,315.06 291 Teen Services 377.32. 2,316.70 2,694.02 292 Facilit O s 100.00 100.00 320 Librar Ex ansion 2,795.53 2,795.53 351 Public Safet 352 Infrastructure 1,578.69 1,937.70 3,516.39 353 Facility 1,000.00 1,000.00 800 De osit Agc Fund 1,985.78 1,985.78 TOTAL 1,072,447.41 117,670.82 1,190,118.23 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditure Approval List format. `.. e.. .J e'O'. 000 n VNlO~ 11 rNrfuu ~a ~yrrV~Mqq 'r VV'Nti /r r'.-O 6 q O p N A~!' n if n.{ N freSN',^.W NNOe({`~N Vn'nMV~NW-"~ p ~''R.- p O 1!q~l{[1.YVry .P NIN M °YVVInOVrr Of'~{-~'1' NMwrI~ M V ~a O'-,~Y~~' (` N' rpMVN ~'MrnM nnOnN1~11'IrONI~fY !'N N~nOV M ~ O e~ y~ ~i M ~ e n MN. 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N.NN r111 n PPM M1i A.MM11M'l ly' O V V V M V V V or "rN r r'n rrr O P P P P P P P n" OM MN111'IA 11 ~1 ~N 0 e ~n q O A 0 ro ~A w pr r ~e qo n~ re O n o ~. eo e n a ([sJ1M 4Y'q 3 me ~a °e V"' n a.1 P eo ew O e s pe _. . r .Vi >o n r a^ O P mU O W I~ le 0 N W ry + ~o q e e~ O V O o.~ qo O A SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 AGENDA ITEM: ~~~ '- ORIGINATING DEPT: Administrative Svcs CITY MANAGER: PREPARED BY: DEPT HEAD: Vivi . G ng tchele Braucht SUBJECT: Treasurer's Report for the Month Ended September 2005 RECOMMENDED ACTION That the City Council accepts the monthly Treasurer's Report. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Sazatoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. 41004. Regulazly, at least once each month, the city treasurer shall submit to the city ~,,.. clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January 1, 2001 cities aze now required to forwazd copies of their second and fourth quarter calendar yeaz investment portfolio reports to the California Debt and Investment Advisory Commission (CDIAC) within 60 days. The CDIAC will use the report as an additional opportunity to examine public investment practices in a more consistent basis than before. Cities, such as the City of Sazatoga, that aze 100 percent invested in the Local Agency Investment Fund (LAIF) aze exempt from the new investment portfolio reporting requirements and aze only required to send a letter to CDIAC indicating the total and composition of their investments. This Treasurer's Report will satisfy our reporting requirement to the CDIAC. The following pages in the attachment provide various financial data and analysis for the City of Sazatoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 1S` Quarter of 1977 to present. FISCAL IMPACTS None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION '"' The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A -Cash and Investments by fund B -Change in total fund balances by fund C -Cash and Investments by CIP project D- Change in total fund balances by CIP project E- Cash and Investments by Lighting and Landscaping District F- Change in total fund balances by Lighting and Landscaping District G -Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates CC cdiac_investments@treasurer.ca.gov (June & December reports only, within 60 calendaz days) ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of September 30, 2005, the City had $347,534 in cash, $13,720,830 on deposit in LAIF and the City's bond trustee held $332,306 in the City's name. The bank reconciliations are completed`thru the month of June 2005. The Council Policy on tiperating reserve funds adopted on April 20, 1994, states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled cash from all funds should not be reduced below $2,000,000. The total pooled cash balance as of Septem ber 30, 2005 is $14,400,670 and exceeds me limit requued. Cash at Comerica Bank 347,534 Deposit with LAIF 13,720,830 Subtotal 14,068,364 Cash with Fiscal A ent 332 306 Total 14 400 670 summazizes the City's total cash and investment balances Fund Designated Reserves: Tree, Bench, & Plaque Dedication Program $ 650 Petry Cash $ 1,000 City's 50th Anniversary Celebration $ 20,000 Theater Ticket Surcharge $ 40,321 CIP (Refunded from RDA) $ 162,000 Economic Uncertainty $ 1,350,000 Operations $ 2,457,846 Special Revenue Highway Users Gas Tax ~ $ t'O~JpO~ 21 430 Landscape and Lighting , Development Services $ 748,851 Designated Reserve: Tree Preservation Ordinance 226 $ 181,654 Enviromental Programs $ 896,450 Deveopment Fees $ 100,959 Community Development Block Grant $ (7,179) SHARP loan $ 131,297 Recreation Services $ (43,820) Teen Services $ (10,607) CD Deposits -Planning Deposit Prior to 7/1/05 $ 675,087 CD Deposits -Planning Deposit after 6/30/05 $ 88,050 CD Deposits - Arborist Reviews $ 175,824 PW Deposits -Geology Reviews $ 152,916 PW Deposits -Developer Fee (no interest) $ 115,090 PW Deposts -City Surveyor $ `~0 Capkal Project Park Development $ 95,199 Library Expansion $ 753,131 Public Safety $ 788,587 Infrastructure $ 2,689,870 Facility $ 190,118 Park and Trails $ 264,495 Debt Service Library Bond $ 215,185 Internal Service Technology Replacement $ 128,198 TrusUAgency Leonard Road $ $ 32,007 064 74 KSAR -Community Access N , Parking District#3 $ (181,139) moo Ana ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City's major fund types at September 30, 2005. This table excludes Trust and Agency funds where tYte City acts merely as a third party custodian of an outside party's funds. Fund 09130105 Balance Incrl(Decr) Fund r General Fund 1,616,436 216,738 271,703 (347,861) 1,757,016 Designated Reserves: Tree, Bench, & Plaque Dedication Program - 650 - - 650 Petty Cash 300 700 - - 1,~ Ciys 50th Anniversary Celebration 20,000 - - - 20,000 Theater Ticket Surcharge 56,169 (15,848) - - 40,321 CIP (Refunded from RDA) 162,000 - - - 162,000 Operations 1,350,000 - - - 1,350,000 Economic Uncertainty 2,457,846 - - - •2,457,846 pedal Revenue Highway Users Gas Tax - (51,083) 38,076 (44,719) (57,726) LandscepelLigh6ng Fd (to be albceted to each District) 75,891 (50,370) 596 (17,472) 8,645 Development Services 342,122 265,243 299,840 (165,921) 741,284 Designated Reserve: - Tree Preservation Ordinance 226 161,654 20,000 - - 181,654 Environmental Programs 898,656 39,640 6,984 (49,193) 696,088 DevebpmentFees 714 - 714 CDBG (1,065) (6,114) - - (7,179) SHARP Loan 127,298 2,666 1,333 - 131,297 Recreation Services - (32,764) 47,155 (74,375) (59,985) Teen Services - (4,020) 2,765 (9,730) (10,984) apftal Project Park Development 74,499 - 20,700 95,199 Library Expansion 766,144 (10,985) - - 755,159 Public Safety 748,686 39,901 - - 788,587 Infrastructure 3,187,274 (445,135) 741,000 (53,848) 3,429,291 Facility 206,715 (8,656) - (7,940) 190,118 Park and Trails 337,899 17,729 - - 355,629 ebt Service Library Bond 855,319 (1,016,064) 4,052 - (1 temal Service Fund Equipment Replacement - - - - Technology Replacement 128,198 - - 128,196 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table the details the cash balances for each project in the Public Safety, Infrastructure, Facility, and Pazk and Trails Capital Improvement Project Funds. "°"° "°'°`' 176,476 Traffic Calming 23 956 Safe Routes to Schools ADA Improvements (Hakone) 49,864 Highway 9 Traffic Signal Mod 83,204 Playground Safety 287,799 Hertiman Avenue Traffic Signal 5,000 Verde Vista Lane 5,000 Kirkmont Drive Traffic Signal 5,000 Congress Springs Park Safety 15,020 4th Street Bridge 100,000 Sobey/Quito Traffic Improvement (94,604) Norton Rd Fire Access (6,500) Highway 9/Oak PI Pedestrian Signal (126) Sare-S'vale/Seagull Traffic Sign 6,604 Quito Road Bridge Replacement 131,894 Total Public Safety $ 788,587 Lynda Ave Drainage (11,193) EI Quito Area Curb Replacement 500,000 Village Streetscape Impv-Sidewalks 15,000 Village Streetscape Impv-Landscape 137.098 Storm Drain Upgrades 1,882 Median Repaire(Lendscape/I rrigJ (34,811 )'~ Saratoga Ave. Medians~Library 150,000 Cox Ave Railroad Crossing Upgrade 327,865 Prospect Avenue Medians 25,000 Blaney Plaza Improvement (18,537) City Entrance Sign/Monument .(8,628) Blaney Plaza Impv-ConsVuction 17.968 Citywide Traffic Sign Upgrede 386,172 Saratoga-Sunnyvale/Gateway 1,208,738 Vessing Road Assessment (152,782) EI Ca Grants/Mont Vista Storm Drain 146,097 Totallnfrestructure $ 2,689,869 Facility WHH Improvements (47) Theater Roof (3,822) Civic Center Master Plan (Design) (1,087) North Campus/Prospect (553) Animal Control Facility 309,449 Civic Theater Reroof (41,855) Historical Park Fire Alarm System (882) Village Fapade Mathching Fund (37,760) Book Go Round Repairs (33,326) Total Facility $ 190,119 Parks 8 Trails EI Quito Improvements 356 Hakone Garden D/W 194,583 Azule Park 3,578 Heritage Orchard Improvements 15,282 Union Pacific Railroad (Deanza) Trail (17.996) Kevin Moran Improvements (1.289) Park/Trail Repairs 954 Foothill School Field Impv (8,528) San Marcos Open Space Track 17,054 Odd Fellows Trails Dev 60,500 Total Parks 8 Trails $ 264,x95 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Public Safety, Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds. f os/saos o9/3aos Fund Balance Fund Traffic Calming 181,624 - - 181,624 Safe Routes to Schools 23,956 - - 23,956 ADA Improvements (Hakone) (1,175) 50,000 - 48,825 Highway 9 Traffic Signal Mod 83,204 - - 83,204 Playground Safety 287,798 - - 287,799 Herciman Avenue Traffic Signal 5,000 - - 5,000 Verde Vista Lane 5,000 - - 5,000 Kirkmont Drive Traffic Signal 5,000 - - 5,000 Congress Springs Perk Safety 15,020 - - 15,020 4th Street Bridge 100,000 - - 100,000 Sobey/Quito TrafFlc Improvement (89,854) - (4,950) (94.604) Norton Rd Fire Access (6,500) - - (6,500) Highway 9/Oak PI Pedestrian Signal (126) - - (128) Sara-S'vale/Seagull TraNic Sign 6,604 - (4,108) 2,495 Quito Road Bridge Replacement 131 894 - - 131 894 Total Public Safety 747,646 50,000 (9,059) - 788,587 Infrastructure - Lynde Ave Drainage (11.193) - - (11,193) EI Quito Area Curb Replacement 500,000 - - 500,000 Village Streetscape Impv-Sidewalks 15,000 741,000 - 756.000 Village Streetscape Impv-Landscape 139,474 - (2,376) 137,098 Storm Drain Upgrades 49,108 - (47,255) 1,852 Median Repairs(Landscape/I rrig.) (33,069) - (6,025) (39,094) Saratoga Ave. Medians(~Library 150,000 - - 1r~.~ Cox Ave Railroad Crossing Upgrade 319,725 - - 319,725 Prospect Avenue Medians 25,000 - - 25,000 Blaney Plaza Improvement (18,537) - - (18,537) City Entrance Sign/Monument (8,628) - - (8,828) Blaney Plaza Impv-Construction 17,968 - - 17.868 Citywide Traffic Sign Upgrade 386,172 - - 388.172 Saratoga-Sunnyvale/Gateway 1,682,939 - (443,327) 1,219,613 Vessing Road Assessment (152,782) - - (152.782) EI Ca Grante/MOnt Vista Storm Drain 146 097 - - 148 097 Total Infrastructure 3,187,273 741.000 (498,983) - 3,429,290 Facility WHH Improvements (47) - - (47) Theater Roof (3,822) - - (3,822) Civic Center Master Plan (Design) (1.087) - - (1.087) North Campus/Prospect (553) - - (553) Animal Control Facility 309,449 - - 309,449 Civic Theater Reroof (41,855) - - (41,855) Historical Park Fire Alarm System (882) - - (882) Village Fapade Mathching Fund (21.164) - (18.596) (37,760) Book Go Round Repairs 33 326 - 33 326 Total Facility 206,715 - (18.596) - 190.119 Parks & Trails El Quito Improvements 91.490 - - 91.490 Hakone Garden D/W 194,583 - - 194,583 Azule Park 2,968 - 610 3,578 Heritage Orchard Improvements 15,282 - - 15,282 Union Pacific Railroad (Deanza) Trail (35,116) 17,120 - (17,998) Kevin Moran Improvements (1.269) - - (1'289) ParklTrail Repairs 954 - - - 954 528) (8 Foothill School Field Impv (8,528) - , San Marcos Open Space Track 17,054 - - 17.054 Odd Fellows Trails Dev 60,500 - - 60 500 Total Parks & Trails 337,900 17,120 610 - 355,629 ATTACHMENT E t:AHH A1V L 1P1 V 1',J ~ ivir,i• , v „n„~....,~.. - - -- - - The following table the details the cash balances for each District in the Lighting and Landscaping Fund. Beginning with Fiscal Yeaz 2005-2006 each Lighting and Landscaping H`istz'i~f is being accounted for and reported as a sepazate fund. Staff is in the process of reviewing the historical financial transactions of the Lighting and landscaping District and will distribute the cash balance previous commingled in a single fund to each individual Lighting and Landscaping District. Therefore, the various District funds currently have negative cash balances. Investment Balance at Landscape/Lighting District -Manor Dr (398) Landscape/Lighting District - Fredericksburge (1,129) Landscape/Lighting District - Greenbriar (2,464) Landscape/Lighting District -Quito (3,905) Landscape/Lighting District-Azule (2,251) Landscape/Lighting District - Sarehills (626) Landscape/Lighting District -Village Lighting (3,433) Landscape/Lighting District - McCartysville (931) LandscapelLighting District-Tricia Woods (170) Landscape/Lighting District -Arroyo De Saratoga (3,226) Landscape/Lighting District - Leutar Ct (162) LandscapelLighting District- Bonnet Way (1,072) Landscape/Lighting District- Beauchamps (2,397) Landscape/Lighting District - Sunland Park (2,455) Landscape/Lighting District -Prides Crossing (10,581) Landscape/Lighting District -Village Lscape (11,622) Landscape/Lighting District -Saratoga Legends (669) Landscape/Lighting District - Bellgrove (4,428) Landscape/Lighting District -Cunningham/Glasgow (530) Landscape/Lighting District -Kerwin Ranch (208) LandscapelLighting District -Tollgate (872) Landscape/Lighting District- Horseshoe (1,561) ATTACHMENT F FUNDBALAIVI:~~nx x,x~,~,~,,.,,,,....._.._---- The following table the details the fund balances for each District in the Lighting and Landscaping Fund. Beginning with Fiscal Yeaz 2005-2006 each Lighting and Landscaping District is being dccounted for and reported as a separate fund. Staff is iii ire process of reviewing the historical financial transactions of the Lighting and landscaping District and will distribute the fund balance previous commingled in a single fund to each individual Lighting and Landscaping District. Therefore, the various District funds currently have negative fund Fund Description Fund Balance Incrl(Decr) (Audited) Jury Revenues Exp enditures Transfers 09130105 Fund Balance eneral LandscapelLighBng Fd (to be allocated to each District) 75,891 - 75,891 LandscapelLigMirgDistrict-Manor Dr - (319) 3 (863) (1,179 LandscapelLigtdingDistrict-Fredericksburge - (1,133) 1 (543) (1,675 Landscapellighting District - Greenbriar - (2,491) 4 - (2,487 LandscapelL'rghtingDistrict-Quito - (4,180) 43 - (4,138 LandscapelLightingDistrict-Azule - (2,386) 21 - (2,365 LandsppelLightirg District-Sarahills - (547) - (Bt) (628 LandscapelLigtdingDistrict-VllageLighting - (4,198) 500 - (3,697 LandscapelLightingDistrict-McCartysville - (931) - (428) (1,36( LandscapelLigMirgDistrict-TridaWoods - (161) - (450) (611 LandscapelL'rgMing District-Arroyo De Saratoga - (3,226) - (175) (3,401 LandscapelLightingDistrict-LeutarCt - (162) - (175) (33f LandsppelLightingDistrict-Bonnet Way - (1,072) - (512) (1,5& LandscapelLighOngDistrict-Beauchamps - (694) - (2,591) (3,28: LandscapelLigtfingDistrid-SunlandPark - (2,455) - (677) (3,13; LandsppelLightingDisirict-Prides Crossing - (10,581) - (908) (11,481 LandscapelLghtingDistrict-UllageLscape - (8,100) 25 (4,408) (12,48: LandscapelLighBng District -Saratoga Legends - (241) - (428) (66! LandscapelL'gMing DisMct - Bellgrove - (4,428) - (3,976) (8,4a LandscapelLgMingDisbict-CnninghamlGiasgow - (499) - (31) (531 LandscapelLLighting District -Kerwin Ranch - (208) - (683) (89' LandscapelLigMingDistrict-Tollgate - (807) - (251) (1,051 LandscapelLightingDistrict-Horseshoe - (1,270) - (291) {t;56 Phil Angelides State Treasurer Inside the State Treasurer's Office. ,p. LOCAL AGENCY INVESTMENT FUND QUARTERLY APPORTIONMENT RATES 5.68 5.78 5.84 6.45 6.97 7.35 7.86 8.32 8.81 9.10 9.26 10.06 11.11 11.54 10.01 10.47 11.23 11.68 12.40 11.91 11.82 11.99 11.74 10.71 9.87 9.64 10.04 10.18 10.32 10.88_ 11.53 11.41 10.32 _ 9.98 ~- 9.54 ~ 9.43 --' _ 9.09 w 7.24 8.39 ~~~~7.21.__.__ 7.81_ ~~~7.54 _7.48 ~ 7.97-~- ~_ 8.01 7.87 8.20 8.45 8.76 9.13 8.87 8.68 8.52 8.50 8.39 8.27 7.97 7.38 7.00 6.52 5.87 5.45 _ _ 4.97 ~ ~ 4.67 4.64 4.51 ; 4.44 { ~ 4.36 4.25 __ 4.45 __ 4.96 - ~ _ 5.37_ +- 5.76 5.98 5.89 5.76 5.62 _ 5.52 5.57 5.58 5.56 5.63 5.68 ~ __ 5.71 __ 5.70 _ 5.19 ~ 5.66 . ~ I ~~~~ 5.08 ___._~ ~ 5.64 ~-- ' ~ 5.21 --- 5.46 ~{' . _- _~ _ I 5.49_ ~-- __.__ 5.80 __.._. 6.18 ~ 6.47 I _ 6.52 ~ __ 6.16 5.32 2.96 2.75 -r --... 1.98 1 77 1.47 1.44 ~ 2.38 2.85 4.47 I 2.63 1.63 1.67 3.52 ! 2.31 ~ 1.56 2.00 _ _._. _ . _ SARATOGA CITY COUNCIL MEETING DATE: October 1~, 2005 AGENDA ITEM: ~y ORIGINATING DEPT: City Manager's Office CITY MANAGER• ®~~-"'-' PREPARED BY: Lorie Tinfow, Assist. Citv M¢r. DEPT Lorie SUBJECT: Memorandum of Understanding with Millman & Industrial Carpenters Loca1262 RECOMMENDED ACTIONS: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Millman & Industrial Carpenters Local 262 for July 1, 2005 through June 30, 2007, and authorize the City Manager to execute the MOU. REPORT SUMMARY: The Assistant City Manager and Human Resources staff negotiated on behalf of the City with the Millman & Industrial Carpenters Loca1262 (Union). Through a series of meetings and with direction from City Council, the City and the Union have agreed to the following significant MOU changes: Term - Two year agreement for the period July 1, 2005, to June 30, 2007. Compensation Adjustments - 2% salary increase (equivalent to COLA) annually and retroactive to July 1, 2005. - Merit Increase up to 4.75% in 2005-06 and 5% in 2006-07 based on performance with adjustments to the MOU language that remove references to steps, anniversary dates, and ability to earn increases of up to eight steps; retroactive to July I, 2005 Clothing Allowance - Pay clothing allowance in separate check starting in 2006-07. Standby Pay - Increase standby pay from $25 to $37.50 on weeknights and from $50 to $75 on weekends. Rates to be implemented first pay period after Council approval of agreement. Leave - Buy back all leave at the following rates: 1-5 years: currently 50%; leave at 50% 6-10 years: currently 56%; increase to 60% 10 + years: currently 63%; increase 65% Administrative Leave - Allocate 20 hours of administrative leave for exempt MIC employees. Performance Incentive Compensation - Increase from 2.5% to 5% FISCAL IMPACTS: The funding necessary to implement the MOU is included in the 2005-06 Budget and will be prograrnmed into the 2006-07 Budget. ALTERNATIVE ACTIONS: Choose not to accept the agreement and direct staff to continue negotiations with new direction. FOLLOW UP ACTIONS: Staff will execute the memorandum of understanding and implement the agreement elements. A sepazate check for the retroactive salary increases will be issued to each employee within two weeks. ATTACHMENT: ^ Resolution adopting the City of Sazatoga Memorandum of Understanding for Wages, Employee Benefits and Conditions of Employment ^ Copy of the signed agreement with the Millman & Industrial Carpenters Loca1262 for the period July 1, 2005-June 30, 2007. RESOLUTION NO. ~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HILLMAN & INDUSTRIAL CARPENTERS LOCAL 262 FOR THE PERIOD JULY 1,2005 THROUGH JUNE 30, 2007 WHEREAS, the City of Saratoga, through its designated representatives and pursuant to State law, has met and conferred with the organized representative organization, the Millman & Industrial Carpenters Local 262 (Union), concerning proposals for modifications and changes to salaries, benefits and other matters; and WHEREAS, the representatives of the City and the Union have reached an understanding regarding changes in salaries, benefits and other matters for the period beginning July 1, 2005, through June 30, 2007, for employees represented by the Union, all of which are specified in a Memorandum of Understanding dated October 19, 2005; and WHEREAS, this resolution replaces various Resolutions of the City of Sazatoga. This resolution is an expression of existing policy of the City of Sazatoga and is subject to modification and change by the City Council from time to time. Nothing herein contained shall be construed as creating or establishing any of the provisions hereof as terms of any contract of employment extending beyond a period other than such period as during the resolution is in full force and effect. That is to say, that any employee of the City of ~, Saratoga during the effective period of the resolution shall have such employment rights and duties as set forth herein only during such period of time as this resolution remains in effect, and not afterward. NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum of Understanding, dated the 19th of October, 2005, is hereby approved. The above and foregoing resolution was passed and adopted at a regulaz meeting of the City Council of Saratoga held on the 19th day of October, 2005, by the following vote: AYES: NOES: ABSENT: KATHLEEN M. KING, MAYOR ATTEST: `.. Cathleen Boyer, CTI'Y CLERK CITY OF Sp,RATOGA MEMORANDUM OF UNDERSTANDING FOR WAGES, EMPLOYEE BENEFITS AND CONDITIONS OF EMPLOYMENT I. INTRODUCTION This Memorandum of Understanding (MOU), or "AGREEMENT", dated Oct. 19, 2005, is between the City of Saratoga through its designated representatives, hereinafter referred to as "CITY" and the Millman & Industrial Carpenters Local 262 hereinafter referred to as "UNION." This Memorandum of Understanding complies with the provisions of the Meyers-Milian-Brown Act, as contained in Section 3500, et seq., of the Government Code of the State of California in that the employer-employee representatives noted herein did meet in good faith and did reach an understanding on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution No. 509-2 relating to employer-employee relations, and Resolution No. 489-2, establishing the procedure for meeting and conferring with recognized employee organizations. II. GENERAL CONDITIONS A. Personnel Rules and Regulations/Existing Benefits Continued This Memorandum of Understanding combines the elements of Resolution 85-9132 adopted in 2001, and Resolutions 85-9136 and 03-006 adopted in 2003 with new terms negotiated in 2004-OS and 2005-06. B. City Council Approval City Council approval of the terms of this Memorandum of Understanding is incorporated in Resolution OS-~oQC adopted on Oct. 19, 2005. C. Total Agreement All ordinances, resolutions, administrative regulations, departmental rules and regulations, personnel policies and procedures, and management rights not specifically altered by this Agreement shall remain in full force and effect. ..i This Agreement sets forth the full and entire understanding of the parties for the period beginning July 1, 2005, and continuing through June 30, 2007, at which time the MOU terminates. All prior Memoranda of Understanding are superseded or temvnated in their entirety. `" Except as specifically provided in this Agreement, it is agreed and understood that the 17NION waives its right, and agrees that the City shall not be required, to negotiate with respect to any subject or matter covered in this Agreement or with respect to any other matters within the scope of negotiations, during the term of this Agreement. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. No verbal statement or other amendments, except an amendment mutually agreed upon between the parties and in writing attached to this Agreement designated as an amendment to this Agreement, shall supersede or vary the provisions in this Agreement. D. Validity of Memorandum Should any article, section, or portion of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, the court's decision shall only apply to the specific article, section, or portion of this Agreement directly specified in the decision, and the remainder of this Agreement shall not be affected by the decision. E. City Rights `,,,, The City reserves, retains, and is vested with any management rights not expressly granted to the UNION by this Agreement. These City rights include but are not limited to the right to: 1. Determine and modify the organization of City government and its constituent work units; 2. Determine the nature, standard, levels, and mode of delivery of City services; 3. Detemvne the methods, means, number, and kind of personnel by which City services are provided; 4. Detemune the procedures and standards for selection for employment and promotions; 5. Establish employee performance standards including, but not limited to, quality standards, and to require compliance with those standards; 6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline workers in accordance with applicable laws, the Personnel Ordinance and the Personnel Rules; and 7. Relieve employees from duty because of lack of work or lack of funds, or for inability to ~..,r perform the job as required, subject to the Personnel Rules and Regulations. Nothing in this Artrcle shall relieve the City of its obligation to meet and confer on~deaz the impact of the exercise of those rights, which are mandatory subjects of bazgaining ~ Meyers-Milias-Brown Act. III. SALARY ADMINISTRATION A. Salary Ranges and Step Increases Each iJNION member shall receive a 2% salary increase annually and retroactive to July 1, 2005 for 2005-06 and a merit increase up to 4.75% in 2005-06 and 5% in 2006-07 based on performance and retroactive to July 1, 2005 for 2005-06. The 2% salary increase retroactive to July 1, 2005 will be paid in a separate check. The City of Sazatoga classifies all miscellaneous positions according to duties and responsibilities, and a salary range is established for each job classification. New employees aze customarily hired at the starting of the salary range. All regulaz employees will be evaluated on an annual basis and will be eligible to advance in their salary range based on overall job performance. However, a regular employee must be on the job for at least three months to be eligible for an annual performance review. If a regular employee is not on the job for this minimum length of time, the performance review date shall be extended until such time as the employee is on the job for nine months. B. Working Out of Classification Non-management employees who aze assigned by a Department Head or the City Manager for more than fifteen (15) consecutive working days in a calendar year to perform the essential functions of a position with a higher salary range than they are regularly assigned shall receive increased compensation of at least 5% higher than their regulaz compensation. Out of Class assignments aze temporary and shall continue as authorized by a Department Head or City Manager, but not exceed one yeaz. Upon completion of an out of ela~d ~ assignment, an employee will return to hisregulaz job classification, salary rang , eP• C. Perfomrance Incentive Compensation Non-management employees who have remained at the top step of the same salary range for five yeazs may be eligible fora 5% salary increase based on an "Above Standard" rating on their performance evaluation,. Five years after meeting the criteria for performance incentive compensation, a qualified employee, that is employees who have remained at 5% above the top step of the same salary range, may receive an additional 5% salary increase based on a second "Above Standard" rating on their performance evaluation,. IV. PROBATION All newly hired employees are brought into the City service under atwelve-month probationary period. 3 During probation supervisors may evaluate employees every three months. At six months, a `- written evaluation will be prepared. Upon completion of the twelve-month probationary penod, a second written evaluation will be prepared. If the employee successfully passes probation, the employee shall be granted regular employment status and may advance in their salary range as part of the citywide annual evaluation process. V. PROMOTION Promotion is the movement of an employee from one class to another class having a higher salary range. At the time an employee is promoted, he or she shall receive a minimum of 5% (five percent) salary increase. Detemrination of the amount of the increase will depend upon the employee's length of time in his or her current class, position in the salary range, and the date of last review. The effective date of the promotion will become the employee's new anniversary date. All promotional appointments shall be subject to a probationary period of one year. During this probationary period, an employee may receive a written evaluation by his or her supervisor every three months, but no less than every six months. At the completion of a successful probationary period, the employee may advance in their new salary range depending on overall job performance during their probationary period and as part of the citywide annual evaluation process. If it is determined through employee performance evaluation that an employee subject to a promotional appointment does not pass probation, the probationary employee shall be reinstated to the position from which he or she was promoted provided that position is vacant and funded. If no vacancy exists, the employee may ask to be placed on a re-employment list. VI. LAY-OFF POLICY In the event that there is an abolition of positions by the City Council due to lack of work or of funds, an employee may be separated from employment with the City. If it becomes necessary to abolish a position, due to lack of work or of funds, the employee holding the position will be Isid-off or demoted without disciplinary action. To the extent possible, employees subject to layoff shall be given a minimum notice of 14 calendar days. Layoffs will be made on adepartment-by-department basis. Layoffs shall be determined on a position basis. In the event that more than one person occupies the same classification in the same department, layoff shall be based on job knowledge, abilities, and performance history. All things being equal, the least senior employee shall be fast subject to layoff. In addition to the elimination of a position, a lay-off can include reclassification to a position at a lower salary range, and/or a reduction in hours. An employee who is laid-offor demoted in accordance with the City's layoffpolicy will be kept on a re-employment list for one year from the date of the layoff. This list will be used when a vacancy arises in the same or a lower class of position. Re-employment shall be based on seniority should more than one person in the same classification be laid off from the same ~- department. Employees who are offered and refuse re-employment will be removed from the re-employment list. Employees re-employed in a lower class, or on a temporary basis, will continue to remain on the list for the higher position for one year. 4 The City will extend medical insurance benefits for two months to an employee who has been ..~ laid-off. During thistwo-month period, the City will continue to pay the previously established contribution for the employee's medical insurance premtttm. The City will also pay the employee 100% of the employee's accrued leave balance up to 416 hours and 50% of any accrued leave balance greater than 416 hours as of the date of layoff. This provision only applies to laid-off employees. VII. WORKING CONDITIONS The City will continue to operate on a 9/80-work schedule to be determined by the City Manager and Directors where afull-time work week is a work week of forty (40) hours within seven consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours. Under the 9/80-work schedule, some or all employees may be required to serve afull-time work period within 9 workdays during hours to be determined by the City Manager and Directors. Under the 9/80-work schedule, Fridays when the City is not open for business are referenced as "off-Fridays." The work period (pay period) is the period encompassing two consecutive workweeks. A holiday furlough will exist whereby the City operations are closed from December 24 through January 1 of every year. Employees shall utilize their available leave balances (annual leave, compensatory time), if applicable. Employees that utilize unpaid leave due to ~ insufficient leave balance shall maintain regular benefit status. VIII. FAIIt LABOR STANDARDS ACT AND OVERTIME POLICY Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the following way: (1) nonexempt employees are granted the eligibility for overtime pay for time worked in excess of 11 hours in one work day or 40 hours in one work week; (2) overtime compensation shall be computed at one-and-a-half times the employee's regular rate of pay for time worked over 40 hours in one workweek and two times for hours in excess of 13 hours in one day or 60 hours in one work week; (3) approved compensatory time should be used within 180 days from when it is earned and to require City Manager approval for carryover of compensatory time beyond the 180-day period. City agrees to include paid leave time taken as time worked for purposes of calculating eligibility for overtime pay for all regular non-exempt positions in the City service. All overtime is to be approved in advance and in writing by the Department Head and accepted in writing by the employee. This written confirmation is to be turned in with the employee's time sheet for each pay period. The employee may choose to be compensated for overtime worked either by earning overtime pay or compensatory time off with the Department Head's approval, Overtime shall not be accumulated in units of less than fifteen minutes. ~-- If compensatory time is approved, it should be used within 180 days from when it is earned. The City Manager's approval is required for any employee to carry unused compensatory tune beyond the 180-day period. Accumulated compensatory time maybe paid off in cash at any time, at the City's discretion. Non-exempt employees shall be paid in full for any unused compensatory time upon termination. ]X. CALL OUT PAY Non-exempt employees who aze called out to perform work of an emergency nature are compensated at their regular rate of pay for a minimum three hours for each occurrence on weekends between 6:00 P.M. Friday (or Thursday if the next day is an "off-Friday" under the City's 9/80 work schedule) and 5:59 A.M. Monday, and on holidays. Employees will be compensated from the time they leave their residence until their direct return home after being released from the assignment. A second callout while responding to the first does not restart the clock. See Section VIII regarding FLSA and overtime. X. STANDBY PAY Non-exempt employees and Maintenance Supervisors may be assigned to standby duty as determined by the City Manager or Department Head. Anticipated events or seasons that would trigger standby duty include storms/storm season or period of holiday work furlough. Employees assigned to standby duty must report for duty within one hour of notification and be able to perform the duties as assigned. Employees assigned to standby duty will be issued a City pager and must respond with a telephone call. Employees are compensated $ 37.50 for each weeknight and $75.00/day for each weekend defined as the end of the workday Thursday or Friday to the beginning of the next workday (off-Friday, Saturday, Sunday), or holiday assigned to standby status. XI. MEAL REIlvIBURSEMENT The City will provide a meal or reimburse the cost of a meal up to $10 for each employee who is required to work extended overtime or who is required to work on extended emergency call out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive hours during a scheduled workday or if the employee works in excess of four (4) hours during an emergency call out. Two meals will be provided if work is required in excess of eight (8) hours during an emergency call out. XII. PRODUCTIVTI'I'/GOALS Employees and Management agree to cooperate and assist in improving productivity through assistance in developing: A. Amore positive work environment. ~'' rational activities. B. Innovative techniques for improving ope 6 C. Increased accuracy. D. Methods to maximize time usage. E. More effective cornrnunicationwhh the public and other departments. XIII. BENEFTTS A. Benefits Allowance All employees receive a monthly Benefits Allowance which may be taken in cash and/or used for health and dental insurance coverage and deferred compensation. The amount of the Benefits Allowance is based upon the enrollment status of each employee in the PERS Health Program and Delta Dental Plan, and shall be equivalent to 95% of the premium of the health plan and 100% of the premium of the dental plan selected by each employee except for the PERS Care Plan. For employees who enroll in the PERS Care Plan, the Benefits Allowance shall be equivalent to 95% of the highest premium amount of the remaining health plans available to those employees based upon their enrollment status. Any employee who declines to accept coverage in the PERS Health Program, evidenced by signing a waiver form, shall receive a monthly Benefits Allowance of $118.75. ,.. Any employee who declines to accept coverage in the Delta Dental Plan, evidenced by signing a waiver form, shall receive a monthly Benefits Allowance of $25. `~" The monthly Benefits Allowance for regularpart-time employees and full time employees working less than full time will bepro-rated in proportion to the number of hours worked or accrued leave hours paid. B. Health Insurance The City contracts with the California Public Employees Retirement System for the PERS Health Benefits Program. The types of health plans currently available to City employees include statewide self-insured, fee-for-service health plans, and numerous health maintenance organizations. Employees may enroll in a PERS plan of their choice; however, some plans require that an employee live in a specific geographic area. The effective date of health coverage is the first day of the month following the date of enrollment. New employees have 60 calendaz days from their date of hire to enroll in a health plan. In addition to the monthly Benefits Allowance, the City will pay the minimum PERS medical premium monthly on behalf of all active employees enrolled in a PERS health plan as provided under Government Code Section 22825 of the Public Employees Medical and Hospital Care Act. Employees who retire from the City of Saratoga and who are enrolled in a PERS- sponsored health plan at the time of sepazation are eligible to continue their coverage. Effective October 1, 1993, the City will contribute $1 per month towards the minimum 7 premium for retirees. This amount will increase annually by 5% until it equals the ~-- minimum premium for active employees. The retiree shall pay the balance of the monthly premium. The City contribution level beginning July 1, 2004 is $9.81. The City shall reimburse medical expenses of retired employees with at least twenty Yeats of service to the city a maximum $200 monthly until eligible for Meth-Cate. Employees must comply with City procedures and submit proof of expenses to receive reimbursement. If an employee has not worked full-time for at least ten of the twenty yeazs of service, the $200 maximum medical reimbursement will bepro-rated based on the employee's full time equivalency in the last ten years of service. The City has a Section 218 agreement with PERS and Social Security allowing employees hired prior to April 1, 1986, to contribute and eazn qualifying credits for Medicare. C. Dental Insurance The City contracts with Delta Dental for dental insurance. Employees may choose between a dental maintenance organization and preferred provider plan. The effective date of dental coverage is the fast day of the month following the date of enrollment. New employces have 60 calendaz days from their date of hire to enroll in a dental plan. D. COBRA `~ Upon separation of employment, employees will be notified in writing of their health and dental care continuation rights. The COBRA group continuation coverage is provided through federal legislation (the Consolidated Omnibus Budget Reconciliation Act) and allows employees who are enrolled in a group health plan and/or dental and who separate from employment, for reasons other than gross misconduct, to continue their group coverage for 18 months (Some employees and/or their family members may be eligible for additional months of coverage). Election for COBRA coverage must be made within 60 days following notification of eligibility. COBRA Health is administered by the individual health plans. The City administers Dental COBRA. D. Deferred Compensation The City provides employees the opportunity to contribute to an IRS Section 457 deferred compensation plan. Employees may contribute up to the maximum allowed by law. Contributions may come from employee's regular earnings through payroll deductions, or from any unused portion of their Benefits Allowance. E. Life and Accidental Death Insurance The City provides for $50,000 of life and accidental death and dismemberment insurance for all miscellaneous employees. Coverage shall begin first day of the month following date `„ of hire and ends date of sepazation. Employees may purchase additional life insurance for themselves and/or their dependents; however, availability of additional ina~rance is subject to the group carrier's requirements. F. Disability Coverage The City provides disability coverage, consisting of Short Term Disability payments and Long Term Disability insurance, to provide an employee with income protection if the employee becomes totally or partially disabled from a coveted illness, injury, O2 pregnancy. Short Term Disability payments are available to employees only within the first six months from the date of any qualifying condition. Long Term Disability Insurance is available to employees beginning six months after the date of any covered condition subject to the provisions of the group insurance plan. For new employees, eligibility for Short Term Disability payments begins no sooner than six months after the date of hire, while enrollment in the group insurance plan is effective on the fast day of the month following the date of hire. Coverage under the group insurance plan continues for all. employees until date of separation in which an employee separates from the City service. Short Term Disability Payments -The City will pay 75% of an employee's full salary and maintain existing insurance benefits, subject to eligibility requirements, for an employee on disability leave, for six months from the date of injury/illness. Short Term Disability payments will commence only after 12 continuous working days during which the employee is totally disabled, or when all accmed leave is exhausted, whichever is later. ,.i' For employees injured on the job and who become eligible for Industrial Injury Leave, Short Term Disability payments will commence upon exhaustion of one-half of accrued leave, and will be coordinated with any Workers Compensation benefits paid to the employee. In addition, employees on Industrial Injury Leave may supplement Workers Compensation/Short Term Disability payments with their remaining accrued leave to realize up to their full salary. Short-term disability payments are reported to PERS as salary earned. Long Term Disability Insurance -The City provides Long Term Disability Insurance through a group policy, which covers two-thirds of an employee's salary up to $3,000 per month (i.e., a maximum payment of $2,000 per month). Employees whose salaries exceed $3,000 per month may purchase additional coverage through the group policy, however availability of additional insurance is subject to the group carrier's requirements. It is incumbent on an employee who incurs a disability to file for coverage through the group policy as soon as he/she believes that he/she maybe entitled to receive benefits under the policy. Failure to apply for coverage shall in no way result in the City becoming obligated to make additional payments to an employee beyond any Short Term Disability payments for which an employee is eligible. No disability coverage will be extended to an employee unless the employee is regularly seen and treated by a physician. Upon making a claim for disability benefits, an employee must provide a medical history statement and a physician's statement of disability. Upon return to work, a doctor's certificate is required which states both that 9 the employee has recovered fully and is able to perform regular work, or the limitations `" under which the employee may return to modified duty or part-time work. If the employee returns to work on a less than regularly scheduled basis during the first six months of a covered disability, the City will supplement the employee's part-time salary with Short Term Disability payments in the amount necessary to provide the employee with full salary, provided however that any such Short Term Disability payments d0 riot exceed 75% of the employee's regular salary. Employees who become pregnant will be entitled to disability benefits only in the event that and for the period of time that the employee is actually disabled from work as with any other disability. Payments made through a group policy are not reported to PERS as salary earned. G. Section 125 Plan The City will make available to all employees the option of enrolling in a Section 125 flexible benefits plan (Cafeteria Plan). Under the plan, employees may deduct from their earnings up to the maximum allowable amounts per calendaz year for health care reimbursement and/or dependent care reimbursement. For the health care portion, these deductions allow employees to use pre-tax dollars to pay for eligible out-of-pocket expenses not covered 100% by insurance and not reimbursable by any other source. For the `~.. dependent care portion, employees (and their spouses, if married) with children may use pre-tax dollars to pay for eligible dependent care expenses. Under the plan, employees also have the option of using pre-tax dollars, through payroll deductions, to pay for required premium contributions to City insurance plans. H. Long Term Care Employee may purchase long term care insurance through a group benefits program administered by PERS. I. Administrative Leave CITY shall grant MIC members in exempt classifications, on a fiscal year basis, 20 hours of administrative leave. Such leave shall betaken in a manner consistent with the use of annual leave. XIV. LEAVE A. Annual Leave All regulaz and probationary employees will accrue annual leave at the following rate: First 60 months of employment - 176 hours per year 61 st through 120th month - 216 hours per Year 10 121 st month and beyond - 256 hours per yeaz All employees begin accruing annual leave upon hire. New employees may not use annual leave during their first six months of employment except for illnesses and other circumstances approved by their respective Department Heads. Annual leave is to be used for all time off from work except for Jury Duty and Military leave. An employee on disability leave shall only be entitled to accrue annual leave within the six month period after the date of injury/illness, and only if annual leave is being used by the employee. Accrual of annual leave shall be at a rate proportional to the amount of annual leave being used by the employee. An employee on industrial injury leave shall be entitled to accrue annual leave at his/her usual rate for six months, then at a rate proportional to the amount of annual leave being used by the employee. Upon exhaustion of all annual leave, employees on either disability leave or industrial injury leave shall no longer accrue annual leave. All use of annual leave is to be scheduled in advance and approved by a supervisor except in the case of illness or other emergency. On the fast day of each absence due to illness, an employee shall notify his or her immediate supervisor within 30 minutes of the beginning of the workday, and call in each successive day unless prior notice has been given that a more lengthy absence is expected. In the event that an employee is absent from work due to illness for more than five consecutive work days, the employee must file a written statement from a physician certifying that 1) the employee's condition prevents him or her from performing the duties of the position, and 2) the employee is or will be sufficiently recovered from the illness to allow return to work on a specified date. When absence is for more than two workdays but less than five, an employee may be required to file a physician's certificate at the discretion of the Department Head. In all cases, the cost for the doctor's visit only (not accompanying medical treatment) as required, not covered by the employee's insurance pmgran-, will be paid by the City. Leave Payout at End of Calendar Year. Each January the City will pay each employee for his/her accrued annual leave in excess of 520 hours as of December 31 based on the following length-of-service table. Employees who have accrued annual leave in excess of 416 hours may request payment for any hours between 416 and 520 calculated based on the following length-of-service table: First 60 months of employment 50% 615` through 120x' month 60% 1215L month and beyond 65% In all cases, payment for accrued annual leave shall be at employee's regular rate of pay as of December 31. 11 Leave Payout at Separation. Upon separation from the City service, employee's accrued azmual leave will be paid out at the employee's regulaz rate of pay calculated based on the following length-of-service table: First 60 months of employment 50% 61 ~` through 120°i month 60% 121°` month and beyond 65% When an employee voluntarily resigns from employment, no annual leave maybe used between the time notice of resignation is given and the employee's last day of work unless authorized by the City Manager. Leave Payout at Retirement. Upon retirement from the City, an employee must use at least half of their accrued annual leave for the purpose of obtaining additional service credit under PERS. Employees may choose to use all of his/her accrued annual leave as sick leave for service credit. If an employee chooses to apply less than 100% ofhis/her leave toward PERS service credit, then the remaining accrued annual leave is paid out at the employee's regulaz rate of pay. The City shall comply with State and Federal Family Leave Laws and afford employees all the•rights thereof. Family Medical leave, California Family Rights Act and Pregnancy ~,,, Disability leave will run concurrent with all applicable use of accrued leave and unpaid leave of absences. B. Holidays The City observes the following paid holidays: (1) New Year's Day (2) Martin Luther King's Birthday (3) President's Day (4) Memorial Day (5) Independence Day (6) Labor Day (7) Columbus Day (8) Veteran's Day (9) Thanksgiving Day (10) Day after Thanksgiving (11) Christrrtas Eve (12) Christmas Day (13) New Year's Eve January 1 3`d Monday in January 3`d Monday in February Last Monday in May July 4 1~` Monday in September 2nd Monday in October November 11 4°i Thursday in November Friday after Thanksgiving December 24 December 25 December 31 12 If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on a Sunday, the following Monday will be observed. Tn those years in which one of the Christmas and/or New Year's holidays falls on a weekend, the Friday Preceding the weekend and the Monday following the weekend shall be observed as holidays. If a holiday falls on anoff-Friday, the holiday will be observed on the'preceding Thursday. For 2005-06, observance of the New Yeaz's Day holiday currently specified to be on Monday, January 2, 2006, will be observed on Tuesday, December 27, 2005. hi general, holidays shall be compensated as a regular day's salary. If a holiday occurs when an employee is using annual leave, the holiday will not be charged against the employee's annual leave balance. In order to receive holiday pay, an employee must be on the payroll on the last regularly scheduled workday preceding the holiday and the fast regularly scheduled work day following the holiday with two exceptions. 1. An employee on Disability Leave shall only be entitled to receive holiday pay within the six-month period after the date of injury/illness. If the employee is using annual leave when the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave being used in the pay period in which the Holiday falls. If the employee is receiving Short Term Disability payments in the pay period when the holiday occurs, payment for the holiday shall be at 75% of the employee's regular rate of pay. 2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay within the six-month period after the date of injury/illness. After six months, holiday pay shall be prorated to the amount of annual leave, if any, being used by the employee. C. Jury Duty Leave Employees who are called for jury duty continue to receive full pay and benefits for that period of absence. Fees received for jury duty will be deducted from employee's gross wages. D. Military Leave An employee in a reserve component of the armed forces of the United ~ of order au o temporary military leave not to exceed 180 calendar days during any peri tY for active military training. An employee who has been employed by the City for at least one yeaz immediately prior to the day on which the absence begins is entitled to receive full salary and benefits during the first 30 calendaz days of such temporary military leave, in addition to whatever pay is received from the federal government for training. Pay for such purposes shall not exceed 30 days in any one fiscal year. 13 `~ E. Industrial Injury Leave This is leave for an on-the-job injury or illness. Beginning on the date of injurylillness, the City shall pay an employee's full salary for up to the first three consecutive workdays of any absence due to any one injury or illness, In the event ttlat SUCK leave EXCRC(LS thlCe consecutive workdays, the employee shall be entitled to Workers Compensation benefits as prescribed by law. Monies paid through a third party administrator are not reported to PERS as salary earned. In addition, the employee may use annual leave to supplement Workers Compensation benefits up to his/her full salary. An employee on Industrial Injury Leave will continue to receive full City paid insurance benefits (medical, dental, life, and long term disability) for up to 12 months from the date of injury/illness. In the event that an employee suffers an injury or illness on the job, whether or not medical treatment is necessary, he or she must advise the supervisor at once and fill out an employee claim form. An employee must also indicate on their time card any time off taken due to an on-the job injury or illness, or for related follow-up medical appointments. Upon return to work from an Industrial Injury Leave, an employee shall provide a written statement from a doctor to his/her immediate supervisor stating that a specified number of appointments are necessary for Workers Compensation approved treatment. This shall occur before the scheduling of treatment begins. Employees shall be expected to the extent `...- possible to schedule appointments for follow-up medical treatments so as to minimize the inconvenience to fellow employees and the impact on the employee's ability to perform his/her job. F. Maternity Leave An employee with at least six months of service may request up to one hundred twenty (120) calendar days leave of for the purpose of childbirth or postnatal care. All requests for Maternity Leave must be written and shall be made to the employee's Department Head at least one month prior to the requested date for the beginning of the absence. The request is subject to review and fmal approval by the City Manager. A physician shall verify the pregnancy at the City's request. The employee may elect to use annual leave during Maternity Leave. Upon return from Maternity Leave, the employee will be reinstated to the position held at the time the leave was granted. An employee on Maternity Leave will continue to receive full City paid insurance benefits (medical, dental, life, and long term disability) for the duration of Maternity Leave up to 120 days. i 14 G. Leave Without Pay It is not the policy of the City to grant leaves of absence under most circumstances. Incases of hazdship or for other good and sufficient reasons, the City Manager may grant leaves of absence upon written request by an employee, for a period up to 90 days. The employee will not accrue any annual leave while on leave without pay and the leave period will be considered as discontinuous service. During the time an employee is on leave without pay, the City may discontinue paying for insurance benefits on behalf of the employee, although the employee shall have the option to continue benefits at his/her own cost. H. Exempt Employees Exempt employees aze paid on a salary basis. This agreement shall not be construed to permit or require weekly salary reductions affecting FLSA exempt employees, except as permitted under the FLSA. I. Confidential Employees The City may designate certain employees as "Confidential." Confidential employees are privy to management decisions and related confidential information regarding employer/employee relations. Employees designated, as Confidential shall be restricted ~~+ from representing SEA on matters within the scope of representation. Effective on the date of this agreement, employees occupying the following positions are designated as "Confidential"; Position City Clerk City Manager Human Resources Manager City Manager Office Specialist (Payroll Clerk) Administrative Services Executive Assistant to the City Manager City Manager XV. RETIREMENT (PERS) The City is a contracting agency of the California Public Employees Retirement System (PERS). Regulaz employees become members immediately upon employment and become vested after five years. The City pays the employees' required contribution (7% of employee's compensation) in addition to the City's contribution as a contracting employer. PERS law states that compensation means remunerations paid out of funds controlled by the employer. The City through its contract with PERS provides for retirement benefits including 2% at 55 (effective September 1, 1999), one yeaz final compensation, service credit at retirement for unused sick leave, survivor continuance, and 1959 survivor benefits (Leve13) if death occurs ..~ prior to retirement. In addition, the City's PERS contract allows veteran employees to purchase years of military service for retirement credit. 15 The City's PERS contract allows employees to purchase service credit for previous military service. Employees who retire from the City of Sazatoga grid Who aze entOlled in a p$R$-SpOnSOICd health plan at the time of separation aze eligible to continue their coverage as described in section XIILB, above. The City shall reimburse medical expenses of retired employees with at least twenty years of service to the City and who retired after July 1, 2001 in the manner described in section 7OIII.B, above. }~rl, UNIFORM AND CLOTHING ALLOWANCES Each regular full-time Park and Street Maintenance employee shall receive an allowance of $400 (four-hundred dollars) per fiscal year for the purchase of pants and safety boots, and for uniform cleaning. Three shirts per employee per yeaz are purchased directly by the City, in colors designated by the department head. The Uniform and Clothing Allowances shall be paid on the second pay date in July. The Uniform and Clothing Allowances shall be prorated for a newly hired employee from the date of hire. The clothing allowance will be paid in a separate check in July starting in 2006-07. `~.. Uniform and clothing allowances are reported to PERS as salary earned. XVII. TUITION REIlvIBURSEMENT All regulaz employees of the City who have been employed continually for at least three months prior to the commencement of an approved or required course are eligible for the City's tuition reimbursement program. If the course(s) taken is job related or in fulfillment of the requirements for a degree or certificate,100% reimbursement will be afforded for tuition, fees and books by the City up to a maximum of $ 1,000 per employee per fiscal year. The Department Head and City Manager will deternunefob-relatedness. If the course(s) is not specifically job related and not in fulfillment of the requirements for a degree or certificate, reimbursement will be afforded for tuition, fees and books by the City at 100%, up to a maximum $500 per employee per fiscal yeaz. If an employee leaves the City voluntarily in less than one year following receipt of tuition reimbursement, apro-rated reimbursement to the City will be deducted from the employee's final paycheck. Reimbursement will be afforded after successful completion of the course(s) requirements. Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system. 16 ~~. GRIE~IANCE PROCEDURE Definition: A grievance is defined as any dispute concerning the interpretation or application of this written MOU or work related problems. A grievance may only be filed if it relates to a management interpretation or application of provisions of this Memorandum of Understanding, which adversely affects an employee's wages, hours or, conditions of employment. Specifically excluded from the grievance procedure aze: 1. Subjects involving amendment or change of a City Council resolution, ordinance, minute order or this Memorandum of understanding. 2. Dismissal, suspension,.or reduction in rank or classification. 3. Probationary dismissals. 4. Content of performance evaluations. 5. Violation, misinterpretation, or misapplication of Civil Service Rules of provision of the City Code. 6. Complaints regazding occupational health and safety or the applicable procedures for such complaints. 7. Disciplinary Actions. ~~..-' Step 1. The grievant shall discuss his or her written grievance with his or her immediate supervisor within five (5) working days following the event upon which the grievance is based or five (5) days following the day the grievant is aware of or should have been aware of the event upon which the grievance is based. A copy of all grievances filed with the immediate supervisor shall also be filed at the same time with the City Manager. The immediate supervisor shall answer the grievance in writing within three (3) working days of the discussion with the grievant. Step 2. If the grievant is not satisfied with the decision at Step 1, or if no decision is received, the grievant may appeal the decision in writing within five (5) working days to the Department Head. The Department Head will meet with the grievant within three (3) working days of his or her receipt of the grievance appeal and issue a written decision within three (3) working days of the grievance meeting. Step 3. If the grievant is not satisfied with the decision at Step 2, or if no decision is received, the grievant may appeal the decision in writing within five (5) working days to the City Manager. The City Manager will meet with the grievant within five working days of his or her receipt of ",, the grievance appeal and issue a written decision within five (5) working days of the grievance meeting. 17 gip 4. If the grievant is not satisfied with the written decision from the City Manager, or if no decision is offered, the UNION, on behalf of the grievant, may appeal the decision in writing within ten (10) working days to the City Council. The unit member may appear at the hearing nth an UAlION representative. Upon receipt of the grievance appeal, the City Council will review the matter and resolve it by final decision that will be binding and conclusive on all concerned. The Council will exert all reasonable efforts to complete its review and inform the employee of its decision within two weeks after receipt of the appeal. XiX. SCOPE OF AGREEMENT This Memorandum of Understanding represents the entire and complete understanding reached between the representatives of the City of Saratoga and the representatives of the UNION for the period designated and applies to all positions represented by the UNION. XX. RATIFICATION This Memorandum of Understanding is subject to ratification by a majority vote of the members of the UNION. City Council adoption of Resolution No. OS-xxx and ratification by the iJNION will put the terms of this Memorandum into effect. Representative of the City of Saratoga: Dave Anderson, City Manager Date: Representatives of the Milhnen & Industrial Carpenters Loca1262: Richard Torres Date: Richard Amaro Date: ' Shawn Gardner ~~~~ vJ _ Date: /~ ~~~ ~~ - 18 ..i SARATOGA CITY COUNCIL ~~ -- MEETING DATE: Qttnher 19.2005 AGENDA ITEM: ~'f~~ ORIGINATING DEPT: Pnhtie Wnrks CITY MANAGER: ~~`~`~ PREPARED BY: Richard Taylnr/ DEPT HEAD: Tnhn ('harhnna SUBJECT: Haymeadow Drive Subdrain Improvements - Award of Construction Contract RECOMMENDED ACTION: 1. Awazd a construction contract to Soil Engineering Construction, Inc. in the amount of $16,575 and authorize staff to execute change orders to the contract up to $2,000. REPORT SUMMARY: Recent investigations by City staff and consultants Piave determined that it is prudent to install a cleanout in a subdrain on Haymeadow Drive as soon as possible. Because of the urgency of the ,,,,.. project and its peculiaz chazacteristics, the City's consulting engineer advised that a formal bid process would not allow the City to complete the project in the time frame and with the design features required. Accordingly, the City solicited informal bids from a number of contractors on an expedited basis. Soil Engineering Construction, Inc. was the only contractor available and qualified to perform the work. Their bid was for $16, 575. The City's consulting engineer has carefully checked the bid and has determined that the bid is responsive to the requirements for the project. The scope of work includes furnishing all materials, equipment, and labor to install a cleanout in the subdrain at Haymeadow Drive and Lumbertown Lane. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $2,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for this work is available in the City's claims reserve established by the City Council in the 2005-2006 Annual Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No other fums were qualified and available to perform the work. If the contract is not awarded to Soil Engineering Construction, Inc., the work will not be performed. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: 1. Proposed Contract 2 CITY OF SARATOGA PUBLIC WORKS DEPARTMENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Sazatoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Soil Engineering Construction, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Depaztment of the City of Sazatoga. 2. TERbI The term of this Agreement commences on October 19, 2005, and extends through December 31, 2005 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's Public Works Department Page 1 of 22 Standard Contract completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto. and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Dave Anderson ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. u NOTICES All. notices or communication concerning a party's ...- ~---~~- -r ---- - ;_ _ ~~ - ~- ,. r= other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: George Drew Soil Engineering Construction, Inc. 927 Arguello Street Redwood City, CA 94063 Notices to City shall be sent to: Dave Anderson, City Manager City of Sazatoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Sazatoga 13777 Fruitvale Avenue Sazatoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which aze not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. -The remainder of this page is intentionally blank- Public Works Department Page 3 of 22 Standard Contract IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Print Name: _ Position: Date: CITY OF SARATOGA, a municipal corporation By: Name: Dave Anderson, Title: City Manager APPROVED AS TO FORM: Date: By. Date: City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: Date: Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements Public Works Department Pie Standard Contract EXHIBIT A SCOPE OF WORK Contractor shall complete the improvements described on the attached Job Estimate Sheet dated September 18, 2005 for installation of a subdrain cleanout on Haymeadow Drive neaz Lumbertown Lane. Public Works Department Page 5 of 22 Standard Contract EXHIBIT B PAYMENT TOTAL COMPENSATION . City shall pay Contractor in accordance with the Job Estimate Sheet attached to Exhibit A. The total compensation during the term specified in this agreement shall not exceed $16,575 for the work product to be provided by and reimbursable expenses incurred by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS ,City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Page 6 of 22 Public Works Department Standard Contract EXHIBIT C FACILITIE8 AND EQUIPMENT Contractor shall provide all equipment necessary to complete the work to be performed pursuant to this Agreement. Public Works Department .Page 7 of 22 Standard Contract EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession sepazate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement iri the manner and according to the standazds observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepazed in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Public Works Deparbnent Page 8 of 22 Standard Contract 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold C1ry harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6 . ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the pazt of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Coaflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description Public Works Department Page 9 of 22 Standard Contract of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. interests of City Officers and 3tafY. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. Contractor represents and warrants that it possesses a valid class B (General Building Contractor) License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, Public Works Department Pege 10 of 22 Standard Contract distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, payroll records, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City and compliance with all applicable laws. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The Public Works Department Pale 11 of 22 Standard Contract stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered Professional 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RE3PON3IBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall beaz all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or chazacter of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. Hazardous Material and Unforseen Conditions_Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any: a) Material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; b) Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally Public Works Department Page 12 of 22 Standard Contract recognized as inherent in work of the chazacter provided for in the Contract Documents. City shall promptly investigate the conditions. If it finds that such conditions materially differ from conditions indicated in the Contract Documents or ordinarily encountered in work of this character, or do involve hazazdous waste, and cause an increase or decrease in Contractor's costs or the time needed to perform any part of the Scope of Work, City shall issue a change order. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in this Contract. Contractor shall retain any and all rights provided either by this Contract or by law that pertain to the resolution of disputes and protests, however, nothing removes Contractor's responsibility to complete the Scope of Work of this Contract. 14. Resolution of Construction Claims All claims will be resolved pursuant to Public Contract Code sections 20104-20104.6. 15. Workers Compensation Certificate Pursuant to California Labor Code Sections 1860, 1861 and 3700, Contractor will secure worker's compensation coverage for all of its employees as specified in the attached Contractor's Certificate Regarding Worker's Compensation. (Exhibit F) 16. Prevailing Wages_Pursuant to California Labor Code Section 1771, Contractor and all subcontractors shall pay not less than the prevailing rate of per diem wages as determined by 'the Director of the California Department of Labor Relations. Copies of such prevailing rate of per diem wages are available for view at the City of Saratoga Department of Public Works. 17. Workin¢ Hour Restrictions Contractor stipulates that eight (8) hours constitutes a legal days work. Work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted if Contractor compensates Contractor's employees for all hours in excess of eight (8) hours per day at least 1 '/~ times the basic rate of pay. 18. Trench Shorin¢ The Contractor must submit and the Director of Public Works must approve in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench. 19. Examination and Audit Pursuant to California Government Code Public Works Department Page 13 of 22 Standard Contract Section 8546.7, the parties to this Contract shall be subject to the examination and audit of a representative of the Auditor Genera t undestthe of California for a period of three (3) years after final paym contract. The examination and audit shall be confined to those matters connected with the Performance of this contract including, but not limited to, the cost of administering the contract. 20. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be fully protected, to the fullest extent allowed by law, from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this .indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation oa Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any Public Works Department Page 14 of 22 Standard Contract other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in n0 way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this pazagraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfaze, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. Public Works Department Page 15 of 22 Standard Contract c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with OT without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shazed expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes aze involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION In the event that either party brings an action under this agreement for breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgement. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City Public Works Department Page 16 of 22 Standard Contract will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under anew agr following expiration or termination of this Agreement. Cofailureo b Cis atlo rights or claims to notice or hearing respecting any Y ~' continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no .event be deemed a waiver of the right to do so thereafter. Page 17 of Public Works Department 22 Standard Contract EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to ContTactor'S Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Sazatoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates aze to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with. coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage _ $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _ If the standard ISO Form wording for "OTHER INSURANCE", or other compazable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage Works Department 18 of 22 Standazd Contract $ per person/$ per accident for bodily injury $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage _ Garage keepers extra liability endorsement to extend .coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. _ Professional/Errors and Omissions Liability with coverage as indicated: _ $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintaia Professional/Errors 8s Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existiag coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am awaze of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Sazatoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a sepazate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standazd cancellation clause: "...endeavor to ..." AND "...but failure to Page 19 of Public Works Depaz'tment 22 Standard Contract mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declazed to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guazanteeing payment of losses and related investigations, claim administration and defense expenses. b. Citq as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liabii}ty arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Works Department Page 22 Standard Contract 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII Public Works Department Pege 21 of 22 Standard Contract Exhibit F Contract with the CITY OF SARATOGA, for the construction of: [NAME OF PROJECT] Contract No. Labor Code Section 3700 provides in relevant part: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers, duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. " I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Dated: , 20_ (Contractor) (Official Title) (SEAL) Note: Labor Code Section 1861, provides that the above certificate must be signed and filed by Contractor with City prior to performing any work under this contract. (Contractor Signatures must be Notarized) Public Works Department Page 22 of 22 Standard Contract SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~ !I""~ PREPARED BY:~ DEPT HEAD: John Cherbone John Cherbone SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking on Herriman Avenue RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting parking on a portion of Herriman Avenue. REPORT SUMMARY: Recently staff performed an analysis of the existing Motor Vehicle Resolutions prohibiting parking ~- along Herriman Avenue in the vicinity of Saratoga High School. It was found that one small section of the road, between Beaumont Avenue and Saratoga Vista Avenue, which is currently painted red signifying no pazking, did not have an accompanying Motor Vehicle Resolution. The attached Motor Vehicle Resolution cleans up this issue and will allow law enforcement the proper tools to enforce no pazking along this section of Herriman Avenue. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and pazking would continue to be unenforceable in this azea. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The Sheriff s Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Location Map. 2. Motor Vehicle Resolution prohibiting pazking on portion of Herriman Avenue. 2 of 2 RESOLUTION N0. MV- ~. RESOLUTION RESTRICTING PARKING ON HERRIMAN AVENUE The City Council of the City of Sazatoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following pazking restrictions shall be designated on Herriman Avenue: NAME OF STREET Herriman Avenue The northerly side of No Parking Anytime Herriman Avenue from Beaumont Avenue to Sazatoga Vista Avenue. This resolution shall become effective at such time as the signs and/or mazkings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Sazatoga at a regular meeting held on the 19th day of October, 2005, by the following vote: AYES: NOES: ABSENT: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk Herriman Avenue Parking Restrictions J SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~ ~^r"'~- PREPARED BY: DEPT HEAD: !~ l'~li-•~-~e John Cherbone John Cherbone SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking on Upper Hill Drive RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting pazking on Upper Hill Drive. REPORT SUMMARY: Recently the City received a request from residents of Upper Hill Drive to change the existing ~ pazking prohibitions, which currently prohibit pazking at all times, to prohibit pazking during 12:00 A.M. to 6:00 A.M. In order to enforce the new parking restrictions on Upper Hill Drive, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials for the City to install the signs. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and parking would continue to be prohibited at all times. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The signs will be installed and the Sheriff s Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Location Map. 2. Motor Vehicle Resolution prohibiting parking on Upper Hill Drive. ...~' 2 of 2 RESOLUTION NO. MV- ~. RESOLUTION RESTRICTING PARKING ON UPPER HILL DRIVE The City Council of the City of Sazatoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following parking restrictions shall designated on Upper Hill Drive: NAME OF STREET DESCRIPTION RESTRICTION Upper Hill Drive On all sides from the No Parking or Stopping northerly extension of 12:00 A.M. to 6:00 A.M. westerly curbline of Upper Hill Court to the westerly terminus of Upper Hill Drive. This resolution shall become effective at such time as the signs and/or mazkings installed and supersedes Resolution MV-121. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regulaz meeting held on the 19th day of October, 2005, by the following vote: .~ AYES: NOES: ABSENT: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk Upper Hill Drive Parking Restrictions .~ ' SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 AGENDA ITEM: ~_ ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Shweta Bhatt, Asst~,lx~ner DEPT HEAD: SUBJECT: 14051 Saratoga-Sunnyvale Road; Application 06-080 for Mills Act Agreement RECOMMENDED ACTION: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Resolution; (2) Close the hearing and adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the existing landmark located at 14051 Sazatoga-Sunnyvale Road. BACKGROUND: On Mazch O5, 2003 the-City Council approved the Resolution establishing the City's participation in the Mills Act Program. The Mills Act is state sponsored legislation granting local governments the authority to enter into an agreement with individual property owners to allow reduced property tax payments for the restoration and continued maintenance of their historic property. This is an economic ~ incentive for property owners to preserve and maintain their buildings. As part of the agreement a formal contract between the property owner and the City is required, thus resulting in a Mills Act Contract. PROCESS: By Council policy, only three Mills Acts contracts can be approved in a single yeaz. A structure needs to be a City of Sazatoga Historic Land Mazk as described in City Code Section 13-15 to apply for the Mills Act Program. The subject property was designated a landmark by ordinance HP-22 as it was determined to meet criteria "a" and criteria "b" of Sazatoga Municipal Code (SMC) §13-15.010. DISCUSSION: The subject property is located neaz the intersection of Sazatoga-Sunnyvale Road and Saratoga Avenue. The house, often referred to as the Neil Carmichael House, was constructed in 1914 in the neoclassic style. Significant azchitectural features include a large wrap-around porch over which a gable roof extends to meet a series of columns that aze interspaced azound the perimeter of the porch. Windows on the house are of varied size and shape, as small oval windows compliment the lazge double sash windows. A watertower is located neaz the rear of the parcel in addition to a detached gazage that is located in the rear yazd. Other than the swimming pool believed to have been installed azound 1969 and routine maintenance of the structures, no significant alterations have been made to the exteriors. The owner has provided information on the current conditions of the property in the attached draft Mills Act Agreement Exhibit C. The HPC reviewed this property as part of a regulaz meeting on September 13, 2005. The Commission approved the attached draft restoration plan and recommended the property for Mills Act consideration to City Council with a 5-0 vote. .._.. ALTERNATIVES: 1. Modify the attached resolution. 2. Modify the attached Mills Act contract. FISCAL IMPACT: The City would lose a portion of the property tax normally received from these properties. The City of Sazatoga normally receives approximately $1,750 in property tax based on a $5,000,000 property and $350 fora $1,000,000 property. The Mills Act would reduce this by approximately 60%, or $1,050 and $210 respectively. The reduction in taxes may also impact the schools and other taxing agencies such as the County and the Fire District. Staff resources utilized to prepaze the staff report and process the application is chazged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The future maintenance and rehabilitation of the existing landmark could be jeopardized without the incentive of the tax break. ALTERNATIVES: Deny the proposed resolution. FOLLOW-UP ACTIONS: ~ Record the Mills Act Contract. ATTACHMENTS: 1. Resolution of Approval 2. Historic Inventory Report 3. Current Site Photographs 4. Mills Act Program Contract (which includes the following exhibits): a. Property Description b. Resolution of Approval c. Base Line Conditions d. Restoration Plan 2 of 3 :~ Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 14051 SARATOGA-SUNNYVALE ROAD PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Sazatoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique chazacter of the historic resources; and WHEREAS, the City of Sazatoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art. XIII-8 and California Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code 439-439.4; and WHEREAS, the City of Sazatoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Sazatoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to "Protect historical and azcheological values and significant geographic landmazks from destruction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 14051 Saratoga-Sunnyvale Road has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance; and `~''' WHEREAS, the property located at 14051 Sazatoga-Sunnyvale Road is the subject of a Mills Act contract between the City and the property owners dated October 19, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Sazatoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 14051 Saratoga-Sunnyvale Road. The above and foregoing Resolution was passed and adopted at a regulaz meeting of the City Council of the City of Sazatoga held on the 19`h day of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kathleen King, Mayor Cathleen Boyer, City Clerk 3 of3 ~tYar~~m PnY 7 L 1lLQl.llliil~ll ~. L- HISTORIC RESOURCES INVENTORY (#72) IDENTIFICATION 1. Common name: None 2. Historic name: Neil Carmichael House 3. Street or rural address: 14051 Saratoga-Sunnyvale Road City: Saratoga Zip: 95070 County: Santa Clara 4. Parcel number: 503-22-075 5. Present Owner: A. & C. Peterson Address: 14051 Saratoga-Sunnyvale Rd. City: Saratoga Ownership is: Public: 6. Present Use: Residence Zip: 95070 Private: X Original Use: Residence DESCRIPTION 7a. Architectural style: Neoclassic 7b. Briefly describe the present physical appearance of the site or structure and describe any major alterations from its origin ~ condition: This two-story house features a large wrap-around porch across the front and south side of the house. Each floor has a bank of curved bay windows on the front and north side of the house. A gable roof extends over the entrance porch which has turned columns. The second floor has large double sash windows with glass side panels as well as a small oval window. The walls are clad in wood overlap siding. A former tankhouse on the original property has been converted to a residence on a separate parcel. A garage has been added to the rear of the house. No major alterations to the house are apparent. 8. Construction date: Estimated: Factual: 1914 9. Architect: Unknown (photograph here) 10. Builder: John Rodoni il. Approx. prop. size Frontage: 100' Depth: 250' ~ approx. acreage: 12. Date(s) of enclosed photograph(s): 1988 13. Condition: Excellent: X Good: Fair: Deteriorated: `~ No longer in existence: 14. Alterations: 15. surroundings: (Check more than one if necessary) open land: Scattered buildings: X Densely built-up: Residential:X Industrial: Commercial: Other: 16. Threats to site: None known: X Private development: Zoning: Vandalism: Public Works project: Other: 17. Is the structure: On its original site? X Moved? Unknown? 18. Related features: Garage to rear SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site). This house was built in 1914 for $10,000 for original owners, Neil and Belle Carmichael. With his brother Dan, and Thomas Hubbard, Neil Carmichael owned and operated saw mills on the west side of the Santa Cruz Mountains from 1899 to 1911. Most of the cut lumber was hauled through Saratoga to the company's yard and planing mill in San Joae. Neil and Dan Carmichael were two of the ten stock holders in the ~ company that was formed in 1916 to acquire the land for the email park or plaza at Saratoga': crossroads, Blaney Plaza. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture: 1 Arts/Leisure: Economic/Industrial: Exploration/Settlement: Government: Military: Religion: social/Ed.: 21. Sources (List books, documents, surveys, personal interviews and their dates). F. Cunningham, Saratoga': First Hundred Years, 1967; Santa Clara County Heritage Resource Inventory, 1979; Coretha Peterson, 1987. 22. Date form prepared: 4/88 By (name): SHPC Organization:'City of Saratoga Address: 13777 Fruitvale Ave. City: Saratoga Zip: 95070 Phone: 867-3438 Locational sketch map (draw and label site and surrounding Wrests, roads, and prominent landmarksl: NORTH .,..- Attachment 3 _..~ u ~ ~~~~~~ ~ SEP - 2 2005 CITY OF SARATOGA „^?fi iRiTY DEVELOPMENT SEP - 2 2005 CITY OF SARATOGA "^^^lIN!TY DEYELOPMET" ~. • ~~~o~~ ~ SEP - 2 2005 CITY OF SARATOGA ^ ^nr! IA!ITY DEVE60PMEN` iD) ~~~~~~ ~ ~ SEP - 2 2005 CITY CF SARATOGA •,,,,,nn!~TY DEV6LOPME?!~ .../ •. ~~~~~~ ~ SEP 2 2005 CITY QF SARATOCiA "'! ~r!I?Y ;1EVELOPME~"' ~.. • ~~~o~~ ~ u u SEP - 2 2005 CITY QF SARATOGA ^''! i*'~TY DEVELOPME^~' r~ L lunul SEP - 2 2005 CITY QF SARATOGA ~~~o~~ ~ SEP - 2 2005 J CITY OF SARATOGA „"R4UNITY DEVELOPMENT ~, Attachment 4 RECORD WITHOUT FEE PURSUANT TO GOVT CODE SECTION 6103 Recording Requested by: City Attorney City of Sazatoga, California When Recorded, Mail to: Office of the City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Form per Gov't Code Section SPACE ABOVE THIS LINE FOR RECORDER'S USES MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT This Agreement, ("Agreement"), is made and entered into this 19tB day of October, 2005, by and between, Mike and Teri Dahlbeck ("Owner"), Owner of the real property described below, and the City of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." A. Recitals. (1) California Government Code Section 50280, et seq. authorizes the City to enter into contracts with owners of qualified historical properties to provide for the use, maintenance, and restoration of historical properties so as to retain characteristics of historical significance. (2) Owner possesses fee title in and to (together with associated structures and improvements thereon) the real property described in Exhibit A to this Agreement and referenced herein as the Historic Property. The Historic Property is shown on the 2005 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 503-22-075 and as of the Effective Date is generally referenced by the following street address 14051 Saratosla- Sunnwale Road in the City of Saratoga. (3) The Historic Property was designated by the City as a historic landmark by Ordinance No. and the City has determined that this Agreement is necessary to allow the restoration, rehabilitation, and maintenance of the Historic Property. (4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code. The Resolution of the City Council approving this Agreement is attached hereto as Exhibit B. Page 1 of 14 B. Agreement. City and Owner, in consideration of the mutual covenants and conditions set forth herein and the recitals set forth above, do hereby agree as follows; (1) Term of Agreement. ~. (a) This Agreement shall be effective and commence on the date recorded in the Santa Clara County Recorder's Office ("Effective Date")and shall remain in effect for a term of ten (10) years thereafter. (b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the Agreement shall be extended by one year unless notice of non-renewal is served as provided herein. (c) In accordance with Government Code section 50282'rfeither Owner or City desire in any year not to renew the Agreement, that Party shall serve on the other Party written notice of non-renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date. Notice of non-renewal by Owner shall be filed at least ninety priorto the Renewal Date. Either party may protest a notice of non-renewal. A notice ofnon-renewal may be withdrawn at any time prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall remain in effect forten years from the next Renewal Date as stated in this contract. (2) Condition of Historic Proaerty. The characteristics that contribute to the historic significance of the Historic Property and the condition of the Historic Property as of the Effective Date are documented in Exhibit C to this Agreement ("Baseline Conditions"). (3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: (a) Owner shall immediately implement the list of goals and general improvement plans for maintenance, restoration and rehabilitation of the Historic Property asset forth in Exhibit D to this Agreement ('Restoration Plan") in order to bring the Historic Property into conformance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation and the State of California's Historic Building Code (collectively, the "Applicable Rules"). Thereafter, Owner shall preserve and maintain the characteristics that contribute to the historic significance of the Historic Property. This Page 2 of 14 shall include, but not be limited to, maintaining the Historic Property in good repair and conducting all use, maintenance, repair, restoration, and preservation in accordance with ~ the Applicable Rules and all other City, State, and Federal laws. (b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or repair of any exterior architeCtufal feature Ill Or 011 the HIStOfIC FfOpelfiJ that does not involve a change in design, material, or external appearance thereof. Nor does this Agreement prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Community Development Director determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ("SHBC") provides alternative building regulations forthe rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall be used in the City's building permit procedure for the Historic Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the Owner or occupants of the Historic Property or the public. (d) Owner shall maintain the Historic Property in a manner that does not block the view of the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or other landscaping. (4) Provision of Information. (a) W ithin thirty days of any request, Owner shall furnish City with any and all information requested by City relevant to this contract to determine compliance with the terms and provisions of this Agreement. (b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement, all records as may be necessary to determine the eligibility of the property involved, and Owner's compliance with the terms and provisions of this Agreement. These records shall include, but not be limited to photographs, blueprints, permits, historical andlor architectural review approvals. In the event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all such records to the new Owner of the Historic Property. (c) Owner shall submit annually to the Community Development Director a report which shall specify all work completed during the preceding twelve months to comply with the requirements of this Agreement and report on such other items as may be specified by the Community Development Director. -~ Page 3 of 14 '" (d) Owner shall allow for periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives ofthe County Assessor, State Department of Parks and Recreation, State Board of Equalization, (collectively the "Interested Agencies") and/or the City. The Community Development Director shall determine when periodic examinations by the City may be neCeSS2ry t0 deterlllltle the eligibility of the property involved, and to determine Owners compliance with the terms and provisions of this Agreement. Examinations by representatives of the Interested Agencies shall be made as deemed necessary by those agencies. (5) Cancellation. (a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50285, may cancel this Agreement if it determines one or more of the following: (i) Owner has breached any of the terms or conditions of this Agreement; (ii) Owner has allowed the Historic Property to deteriorate to the point that it no longer meets the standards of the Applicable ~..- Rules or no longer qualifies as a City of Saratoga historic landmark; (iii) Owner has allowed the property to deteriorate to the point that it no longer meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings; (iv) Owner has not complied with other local, state, or federal laws and regulations. (b) In the event of cancellation, OWNER shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. (6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City. Page 4 of 14 (7) Enforcement. In lieu of and/or in addition to any provisions to cancel the v Agreement, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default by Owner City shall give written notice of the violation to Owner by registered or certified mail addressed to the address provided for notice in this Agreement. The violation shall be corrected to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the violation cannot ~eaSOnably b2 cured within sixty days, actions to cure the violation shall be commenced within sixty days and pursued diligently to completion within a reasonable period of time to be determined by the City. If the violation is not timely cured then the City may, without further notice, declare a default and bring any action necessary to specifically enforce the obligations of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for such other relief as may be appropriate. The City's right to enforce this Agreement shall in noway limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal law, including the historic preservation regulations under the City's municipal code. (8) Binding Effect of Agreement. (a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to the City. (b) City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner has a legal interest in the Historic Property and this Agreement relates to and affects the use of the Historic Property. (c) City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is not limited to the benefit to the public street named in the recitals to this Agreement, City, residents of City and of the State of California, and Owner. Page 5 of 14 (9) Notice. (a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specked below or at any other address as may be later specified by the parties hereto. CITY: City of Saratoga Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 OWNER: Mike and Teri Dahibeck 14051 Saratoga-Sunnyvale Road Saratoga, CA 95070 (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorneys fees in providing a defense to any claim arising there from for which Owner shall become legally liable arising from Owner's acts, errors, or omissions with respect to or in any way connected with the prosecution of the work performed by Owner pursuant to this Agreement. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this Agreement regardless of whether City prepared, supplied, or approved any plans, specifications, other documents, or any proposed conduct relating to the Historic Property. (12) Attornevs' Fees. In the event legal proceedings are brought by any Party or Parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay its own attorney's fees. (13) Recordation and Notice. No later than twenty (20) days after the parties ~ execute and enter into this Agreement, City shall cause this Agreement to be recorded in Page 6 of 14 the office of the County Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the Office of Historic Preservation of the Department of Parks and Recreation no later than six (6) months of entering into this Agreement and shall provide the City with a copy of such notice at the time it is filed. (14) Fees. The Community Development Director may assess and Owner shall pay such Mills Act Historic Property Contract fees for the administration of this Agreement as may be authorized from time to time by the City Council. (15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and Owner hereby declare that each would have approved and accepted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (16) IntearatedAareement-TotalitvofAareement. This Agreementembodies the agreement between City and Owner and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. All Exhibits to this Agreement are hereby incorporated and made a part of this Agreement. (17) Caations. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (18) Governin4 Statutes and Law. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (19) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Page 7 of 14 IN WITNESS WHEREOF, CITY and OW NER have executed this Agreement on the ~ day and year first written above. CITY OF SARATOGA, CALIFORNIA, a California municipal corporation City Manager ATTEST: Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868-1222 Fax Number: (408) 868-8555 City Clerk Approved as to Form: City Attorney OWNER [Notarized Signature(s) Required) By: Name: Teri Dahlbeck Title: Owner Local Address: 14051 Saratoga-Sunnyvale Road Saratoga, CA 95070 Telephone: (408) 867-4400 or (408) 981-1181 (cell) Exhibit List Exhibit A -Legal Description of Historic Property Exhibit B -City Council Resolution Approving Agreement Exhibit C -Baseline Conditions of Historic Property Exhibit D -Restoration Plan r.., Page 8 of 14 LEGAL DESCRIPTION OF HISTORIC PROPERTY Exhibit A The Historic Property that is the subject of this Agreement is the real property deSCrlbed below including all structures and improvements thereon: All that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: APN: 503-22-075 AU tlrat oertekr real property situate in the Ciiy of Saratoga, County of Santa Clara, Std of CaN-orMa, deaxibed as foNowa: BEGINNING at a granite monument set at the point of intersedion of the Southeasterly line of the land now or formefi of Rice with the center line of the Saratoga and Mountain View Road, said point of beginning also being at the most ~,/ Northerly rimer of the 52.17 acre trsd of land conveyed by Soledad C. de Arguello, et al, to Henry Jarboe by Deed dated August 1, 1862 and recorded November 20, 1862 in Book'Q" of Deeds, Page 204, Santa Clara County Records; running thence along said center line South 0° 10' West 169.17 feet; thence leaving said center line and running North 89° 50' West 20.0 feet to a point on the Northwesterly line of the Saratoga and Mountain View Road and the TRUE POINT OF BEGINNING; running thence along said Northwesterly line of the Saratoga and Mountain V'rew Road South 0° 10' West 98.0 feet; running thence North 89° 50' West 158.63 feet; running thence South 0° 10' West and parallel with said Northwesterly line of the Saratoga and Mountain View Road 11.09 feet; thence North 89° 50' West 100.00 feet; thence North 0° 10' East and parallel with said Northwestelry line of the Saratoga and Mountain View Road, 35.0 feet; thence North 67° 01' S4" Esat 145.92 feet to the intersection thereof with the Westerly line of that certain trail of land conveyed by Louise J. Fritschen to Armstrong Realty Investment Company, a Callfomia Corporation by Deed dated December 7, 1953 and recerded January 5, 1954 In Book 2788 of Offldal Records, Page 418, Santa Clara County Records; thence running akmg the Southerly line of the trail of land conveyed to saki Armstrong Realty Inveshnent Co., by the Deed lastly hereinabove referred to as folkwvs: North 87° 01' 54' East 42.67 feet and South 89° 50' East 85.11 feet to the True Point of Beginning, and being a portion of the Qulto Randm. Resolution of the City Council of the City of Saratoga approving the ~" MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT Exhibit B RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 14051 SARATOGA- SUNNYVALE ROAD PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to Califomia Constitutional Art. XIII-8 and California Government Code, Article 12, Sections 50280-50290 and Califomia Revenue and Tax Code 439-439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act ~-, Property Tax Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element C0.5.0 to "Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible' in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 14051 Saratoga-Sunnyvale Road has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance; and WHEREAS, the property located at 14051 Saratoga-Sunnyvale Road is the subject of a Mills Act contract between the City and the property owners dated October 19, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 14051 Saratoga-Sunnyvale Road. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 19~' day of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kathleen King, Mayor ... Cathleen Boyer, City Clerk BASELINE CONDITIONS OF HISTORIC PROPERTY Exhibit C 1. NAME OF PROPOSED MONUMENT: Neil-Carmichael House 2. ADDRESS: 14051 Saratoga-Sunnyvale Road Saratoga, Califomia 95070. 3. ASSESSOR'S PARCEL NUMBER: 503-22-075. 4. COMPLETE LEGAL DESCRIPTION: Ail that certain real property situate in the City of Saratoga, County of Santa Clara, State of Califomia, described as follows: BEGINNING at a granite monument set at the point of intersection of the Southeasterly line of the land now or formerly of Rice with the center line of the Saratoga and Mountain View Road, said point of beginning also being at the most Northerly comer of the 52.17 acre tract of land conveyed by Soledad C. de Arguello, et al, to Henry Jarboe by Deed dated August 1, 1862 and recorded November 20, 1862 in Book `O" of Deeds, Page 204, Santa Clara County Records; running thence along said center line South 0° 10' West 169.17 feet; thence leaving saki center Ilne and running North 89° 50' West 20.0 feet to a point on the Northwesterly line of the Saratoga and Mountain View Road and the TRUE POINT OF BEGINNING; running thence along said Northwesterly Ifne of the Saratoga and Mountain View Road South 0° 10' West 98.0 feet; running thence North 89° 50' West 158.63 feet; running thence South 0° 10' West and parallel with said Northwesterly line of the Saratoga and Mountain View Road 11.09 feet; thence North 89° 50' ~" West 100.00 feet; thence North 0° 10' East and parallel with said Northwestelry line of the Saratoga and Mountain View Road, 35.0 feet; thence North 67° 01' 54" Esat 145.92 feet to the intersection thereof with the Westerly line of that certain tract of land conveyed by Louise J. Fritschen to Armstrong Realty Investment Company, a Califomia Corporation by Deed dated December 7, 1953 and recorded January 5, 1954 in Book 2788 of Official Records, Page 416, Santa Clara County Records; thence running along the Southerly line of the tract of land conveyed to saki Armstrong Realty Investment Co., by the Deed lastly hereinabove referted to as follows: North 67° 01' 54" East 42.67 feet and South 89° 50' East 85.11 feet to the True Point of Beginning, and being a portion of the Quito Rancho. 5. RANGE OF ADDRESSES: Only one address exists for the site. 6. PRESENT OWNER: Michael (Mike) and Theresa (Teri) Dahlbeck 14051 Saratoga-Sunnyvale Road Saratoga, CA 95070 (408) 867-4400 7. OWNERSHIP: Private ownership. 8. PRESENT AND ORIGINAL USE: The original use is the same as the present use. 9. ARCHITECTURAL STYLE: Neoclassic. 10. PRESENT PHYSICAL DESCRIPTION: This home is in excellent condition, both structurally and aesthetically. We have spend hundreds of thousands of dollars since our purchase in 1993 restoring the look and feel to the time period. The house is rectangular, with one ~ hallway on each floor down the left center. 5 bedrooms upstairs, 4 bathrooms, parlor and den make up the main part of the home, with an enclosed sunporch, detached watertower ~ and garage out back. The swimming pool was installed in circa 1969, and remodeled with cobblestone and landscaping. The interior is pristine with the exception of the master bed/bath, which are structurally sound but in sore need of restoring. The water tower downstairs is a "rec room" and upstairs a "gym," having been decorated, painted exteriorly but not modified in any other way. 11. CONSTRUCTION DATE: Was completed in 1914. 12. ARCHITECT, DESIGNER OR ENGINEER: Architect and blueprints are unknown. 13. ALTERATIONS: None other than pool. 14. THREATS TO SITE: None. 15. STATEMENT OF SIGNIFICANCE: An authentic 1914 Saratoga home! 16. CONTRACTOR/BUILDER: John Rodoni. 17. SOURCES: Paperwork from prior owner undocumented. 18. PREPARER: Teri Dahlbeck 14051 Saratoga-Sunnyvale Road Saratoga, CA 95070 (408) 867-4400 RESTORATION PLAN Exhibit D Year 1 • Complete exterior painting, Goldleaf on architectural elements such 2S tOp Of COIUIIIII brackets; • Repair water tower downstairs with new plumbing, new toilet, add a shower to the bathroom (used by swimming pool guests), add a raised floor, install wood flooring, decorate for use during pool parties Year 2 Year 3 Year 4 Fix wood fence, add new where needed on property; Extend electrical to be modified for usage in water tower, gazebo and backyard areas; Add water heater to water tower Update landscaping in backyard; Update sprinkler system over property Regular maintenance on exterior; Remodel bathrooms off master and one off hallway ~, Year 5: • Fumigate house and water tower and garage if needed; • Reinforce attic flooring and storage areas Year 6 Repair cement cracks in basement walls; Repair sump pump system in basement Year 7: • Regular maintenance on exterior; ^ Install horseshoe pit, game area by garage/gazebo Year 8 Year 9 Remodel master bedroom, add gas fireplace Regular maintenance Remodel downstairs sunporch and laundry room Year 10 • Add solar system for pool and house SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 ORIGINATING DEPT: Community Development NDAITEM: AGE CITY MANAGER: PREPARED BY: Shweta Bhatt, A~sst Pla-nner DEPT HEAD: it '~~!/ John F. Livin tone SUBJECT: 14288 Chester Avenue; Application 06-092 for Landmark Status and Mills Act Agreement RECOMMENDED ACTION: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Ordinance and Resolution; (2) Close the hearing and introduce and waive first reading of the attached Ordinance; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regnlaz Council meeting; (4) Following introduction of the Ordinance, adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 14288 Chester Avenue. BACKGROUND: On Mazch O5, 2003 the City Council approved the Resolution establishing the City's participation in the Mills Act Program. The Mills Act is state sponsored legislation granting local governments the authority to enter into an agreement with individual property owners to allow reduced property tax payments for the restoration and continued maintenance of their historic property. This is an economic incentive for property owners to preserve and maintain their buildings. As part of the agreement, a formal contract between the property owner and the City is required, thus resulting in a Mills Act Contract. PROCESS: By Council policy, only three Mills Acts contracts can be approved in a single yeaz. A structure needs to be a City of Saratoga Historic Land Mazk as described in Sazatoga Municipal Code §13-15 to apply for the Mills Act Program. DISCUSSION: The subject property, often known as Casa de Tesoro, is located on Chester Avenue. Newton and Fay Jackson, who were pear farmers, initiated the original construction of the 1935 Mission-style home. However, it was not completed due to a lack of labor during World Waz II. Ownership of the house changed in 1967, when Clemmer and Ruth Peck purchased the property and secured the services of local architect Warren Heid to design an addition that would be consistent with the original construction. The remaining custom-made authentic bricks were used in constructing the new wing. ~~ The current owners of the property, Susie and Amit Nagpal, have not made any structural alterations since their purchase in 1991. Significant azehitectural features include authentic adobe bricks that compose numerous azches. These azches surround a swimming pool and patio area and axed-tile roof covers the structure. The numerous oak trees compliment the natural landscaping of the property. The owner has provided information on the current conditions of the property in the attached dr8$ M111S ACt l~gCeelTlCilt EXhlblt C. The HPC reviewed this property as part of a regular meeting on September 13, 2005. The Commission, by 5-0 vote, approved recommendation of designating the subject property as a landmark, the attached draft restoration plan, and recommended the property for Mills Act consideration to City Council. ALTERNATIVES: 1. Modify the attached ordinance. 2. Modify the attached resolution. 3. Modify the attached Mills Act contract. FISCAL IMPACT: With reference to the landmark designation, aone-time cost of approximately $100.00 to have the bronze plaque made for the property owner to mount on the exterior of the residence. With reference to the Mills Act, the City would lose a portion of the property tax normally received from these properties. The City of Sazatoga normally receives approximately $1,750 in property tax based on a $5,000,000 property and $350 fora $1,000,000 property. The Mills Act would reduce this by approximately 60%, or $1,050 and $210 respectively. The reduction in taxes may also impact the schools and other taxing agencies such as the County and the Fire District. Staff resources utilized to prepaze the staff report and process the application is charged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The residence would not be designated as a landmark and the future maintenance and rehabilitation of the existing landmark could be jeopardized without the incentive of the tax break from the Mills Act Agreement. ALTERNATIVES: Deny the proposed ordinance and resolution. FOLLOW-UP ACTIONS: (1) The City Attorney will finalize the ordinance for adoption at the next available meeting, memorializing the decision of the City Council on this matter; (2) Record the Mills Act Contract. 2 of 7 ATTACHMENTS: 1. Ordinance of Approval 2. Resolution of Approval 3. Historic Inventory Report 4. Current Site Photographs 5. Affidavit of mailing notices, public notice, and mailing labels 6. Mills Act Program Contract (which includes the following exhibits): a. Property Description b. Resolution of Approval c. Base Line Conditions d. Restoration Plan 3 of 7 Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING THE PROPERTY KNOWN AS CASA DE TESORO AT 14288 CHESTER AVENUE AS A HISTORIC LANDMARK (APN 397-13-066) The City Council of the City of Sazatoga hereby ordains as follows: Section 1-Findings: After cazeful review and consideration of the report and recommendations of the Heritage Preservation Commission concerning the property at 14288 Chester Avenue (the "Property") together with the application and supporting materials, the City Council hereby determines that: The Property is identified with persons or events significant in local, county, state or national history in that local architect Mr. Warren Heid has designed the addition completed to the house in 1967. Mr. Heid has significant experience as an architect in Sazatoga and has been providing his services to its citizens for many yeazs. The Property embodies distinctive chazacteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials in that custom- made, authentic adobe bricks were used to construct both the original house as well as the 1967 addition. Both the style and construction of the home embodies eazly Californian style azchitecture. ^ The Property embodies or contributes to unique physical characteristics representing an established and familiaz visual feature of a neighborhood or district within the City in that the house is one of a kind in Saratoga. It has been designed and constructed in a distinctive style and resides in an upscale neighborhood with other unique homes. Section 2 -Designation: The Property is hereby designated as a Historic landmazk pursuant to section 13-15.060 of the Sazatoga City Code. Section 3- Publication: This ordinance or a comprehensive summary thereof shall be published once 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 19th day of October, 2005, and was adopted by the following vote following a second reading on the 02d day of November 2005: 4 of 7 AYES: NOES: ABSENT: ABSTAIN: Kathleen King, Mayor ATTEST: Cathleen Boyer, City Clerk 5 of 7 Attachment 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 14288 CHESTER DRIVE PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Sazatoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique chazacter of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to Califomia Constitutional Art. XIII-8 and Califomia Government Code, Article 12, Sections 50280-50290 and Califomia Revenue and Tax Code 439- 439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Sazatoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to "Protect historical and azcheological values and significant geographic landmazks from destmction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 14288 Chester Avenue has been approved as a City designated Landmazk and therefore the preservation of the property as a historic resource is of utmost importance; and WHEREAS, the property located at 14288 Chester Avenue is the subject of a Mills Act contract between the City and the property owners dated October 19, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 14288 Chester Avenue immediately upon the effective date of the ordinance approving the Landmark. designation. The above and foregoing Resolution was passed and adopted at a regulaz meeting of the City Council of the City of Saratoga held on the 19~' day of October 2005 by the following vote: 6 of 7 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kathleen King, Mayor Cathleen Boyer, City Clerk 7of7 Attachment 3 Prima~B~sal Page 1 d 1 Reaeurce Name or M: Cafes de Tesoro P3. Other Identifier. Dr. Peck'r Adobe ~ Connty: Santa Clara P2: Location: ZUarestrictcd Dak~ (:19(11 b. USGS 7.5 Quad: Capertinu Addtsav: 14288 Cheater Avenue City: Saratoga Zip: 95070 d. UTM Zoce: 10_ e. Other bcational Data: APN 397-13-037 From Sxntugx Arence, tike Quito Road vuuth to Sobey Road weal, to Ten Acres Road to Cherkr Avrnue. Property is to tbe left at intersection d Chester rod Teo Acres Road. Pax: rlenr~oa: The large, rambling, Mission-style home at 14288 Chester Avenue is situated atop a small hill surrounded by large trees. The original construction was begun in 1935 as a young ceupk'r dream house using autbeotk custom-made adobe brickr. Tbeir project was interrupted by World War II when fmly tbe rli arched loggia, tbe three-car gauge and a bobby room had been completed. In 1%7, new owners coortructed xn e:pasufive matching wing using the remainder d the 30,000 custom-made adobe bricks that had been preserved. The Star garage became a 30' : 40' spacious high-ceiling living room and the hobby room was tramdormed irto a master bednxrm and bath. The roof raflenl d the original wing are two 72' bug redwood berms thrt wens brought to Lon Gatos by rail to the Sterling Lumber Company sad then trxnrporled to the site and iosWkd with house moving eyuipmeot. Tbe rod tike d tbe original wing were made by the traditional method d forming tbem mar a worker's thigh and were difficuk to match thirty yeah later. The fits double wood duos from the original wing were relocated in the currsat atncture. The thkk adobe brkk wrlls d the original wing range from one to three feet wide xad were made from sdl oa the Property. The outdoor living area mfwmius the functionality d the residence with a pod and almort ao acre d sarraundiog lawn and mature uses. Sperhd architecturrl teatnrer inclsde tbe arched krgghr and gargoyles, a shaded arbor and the roof-tiled perimeler. With the 1%7 addition, the eiivting two-story, single-family house has 6 bedrooms and 3.5 batter. Both aectioor arc cmer+wl with red-tiled coding aed bath captain oumeromf arches. 1a 1979 the bt had 2.460 acrsr and was bounded by Via Tesoro CanK and Charter Avenge wkh eutrxeces df d baW streets The current owcerv bought the place in 1991 sad have made ao rtrucbrnl chaugeff. A subsegneat subdivision d the bt made it possible fur anotber house to be ccertrocted with an entrance olf d Via Tesoro. The entrance to the adobe home it enrrently dt d Chester Avenue. P3b. Reronree Attributes: liP2 Residential P4. Revoorea Prevent: i building PSa. Photo or Dnwiug PSb. Courtyard. Shows coooaKioa beMceu oriBSua11935 Jaeksm wing (rigit d tower) sad i%7 Pak addition (left d tower) P6. Original structure 1935 New wing 1%7 P7. 9~.Addmfa: Amit sad Sark Nagpai (Phi) 19101 Via Tesoro Court Saratoga, CA 95070 408!741-5501 p8, Recurrkd hr: Beth Wyman, Hlrtoriae 12231 Fredericksburg Drfie Saratoga, CA 95070 P9. D»f~Bft: June 13, 2005 PIO. Snrvev Tvne: Santega Hirklrk Inventory; California Register Numiaatiou Pll. Attachmend: BSO, Location Map, Sketch Map, Phdognph Record, Continuation Sheets Attachment 4 14288 Chester Avenue 14288 Chester Avenue 14288 Chester Avenue 14288 Chester Avenue 14288 Chester Avenue Attachment 5 AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Shweta Bhatt, being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 yeazs; that acting for the City of Saratoga Planning Commission on the 06`x' day of October 2005, that I deposited in the United States Post Office within Santa Claza County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Heazing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses aze those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regulaz communication by United States Mail to the addresses shown above. Signed CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTIC OF PUBLIC HEARING The City of Saratoga's City Council announces the following public hearing on WEDNESDAY, THE 19TH DAY OF OCTOBER 2005, AT 7:00 P.M. The hearing will be held in the City Theater, located at 13777 Fruitvale Avenue in Saratoga, California. Details regarding the project described below are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT LOCATION: 14288 Chester Avenue PROPERTY OWNER: Nagpal ASSESSOR PARCEL NUMBER: 397-13-066 APPLICATION NUMBER: 06-092 REQUESTED ENTITLEMENT: Historic Landmark Status PROJECT DESCRIPTION: The applicant requests approval to designate the subject property, often known as Casa de Tesoro, as a historic landmark. Significant azchitectural features include authentic adobe bricks that compose numerous arches. These acches surround a swimming pool and patio area and ared-tile roof covers the structure. The numerous oak trees compliment the natural landscaping of the property. The Heritage Preservation Commission reviewed this property as part of a regular meeting on September 13, 2005 and approved recommendation of designating the subject property as a landmark to City Council. All interested persons may appeaz and be heazd at the above time and place. If you challenge a decision of the City Council pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga City Council at, or prior to, the public hearing. In order to be included in the City Council's information packets, written communications should be filed on or before the Tuesday, a week before the meeting (October 11`h). This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. /s/Cathleen Boyer, CMC City Clerk PUB: 10/05/05 39701051 CLARK, WILLIAM F & KAREN M TRUSTEE or Current Owner 14182 TEN ACRES CT SARATOGA, CA 95070-5637 39701057 SALCEDO, ALFREDO L & MARILYN V or Current Owner 14195 CHESTER AV SARATOGA, CA 95070-5623 39703033 ZIERDT, GENE 0 & RACHEL TRUSTEE or Current Owner 14345 MACLAY CT SARATOGA, CA 95070-5630 39703037 HOGLAN, VAUGHN V & KATHLEEN or Current Owner 14300 MACLAY CT SARATOGA, CA 95070-5630 39703049 CHU, YOUNG & SUNG or Current Owner 18858 TEN ACRES RD SARATOGA, CA 95070-5639 39703095 SCANDLING, MICHAEL & KATHY or Current Owner 14381 MACLAY CT SARATOGA, CA 95070-5630 39713033 SHANKAR, KAPIL & ASHIMA or Current Owner 14265 CHESTER AV SARATOGA, CA 95070-5624 39713036 BURICH, MISHA R & LISA M or Current Owner 14331 CHESTER AV SARATOGA, CA 95070-5624 39713047 MURRAY, RANDALL W & CHARLOTTE V TRUSTEE or Current Owner 14330 CHESTER AV SARATOGA, CA 95070-5627 39713054 PETTIT, DANNY E TRUSTEE or Current Owner 19143 VIA TESORO CT SARATOGA, CA 95070-5651 39701055 BION, JOEL P & FRANCINE P TRUSTEE or Current Owner 14175 TEN ACRES CT SARATOGA, CA 95070-5637 39703030 PULPAN, EDWARD J JR TRUSTEE or Current Owner 18867 TEN ACRES RD SARATOGA, CA 95070-5621 39703035. BERG, CLYDE J TRUSTEE or Current Owner 14374 MACLAY CT SARATOGA, CA 95070-5630 39703038 SPAUNBURG, JOEL R & PAULETTE or Current Owner 18860 TEN ACRES RD SARATOGA, CA 95070-5639 39703050 KELLY. JOHN T & STELLA J or Current Owner 18854 TEN ACRES RD SARATOGA, CA 95070-5639 39713031 CHU, KE-CHIANG & CHI C or Current Owner PO BOX 2893 SARATOGA, CA 95070-0893 39713034 BRADY, JOHN D TRUSTEE ETAL or Current Owner 14287 CHESTER AV SARATOGA, CA 95070-5624 39701056 FEARNSIDE, DONALD C & BEVERLY J TRUSTEE or Current Owner 14197 TEN ACRES CT SARATOGA, CA 95070-5637 39703032 TANGEER LLC or Current Owner PO BOX 2878 PARK CITY, UT 84060 39703036 CEREZO, FRANCISCO 0 & LUZVIMINDA O or Current Owner 14332 MACLAY CT SARATOGA, CA 95070-5630 39703041 KIM, YU CHUL 8 BU OK or Current Owner 18905 TEN ACRES RD SARATOGA, CA 95070-5657 39703051 EZEKIEL, SAMUEL H b MELANIE or Current Owner 18850 TEN ACRES RD SARATOGA, CA 95070-5639 39713032 BUCHANAN, JOHN R & PATRICIA or Current Owner 14233 CHESTER AV SARATOGA, CA 95070-5624 39713035 BITTNER, GERALD L JR & PAULA or Current Owner 14309 CHESTER AV SARATOGA, CA 95070-5624 39713037 39713039 SMITH, LONNIE M & CHERYL D or Current LIN, PAUL Y & JENNY S or Current Owner Owner 14407 CHESTER AV 14363 CHESTER AV SARATOGA, CA 95070-5624 SARATOGA, CA 95070-5624 39713049 TIRET, STEVEN E TRUSTEE ETAL or Current Owner PO BOX 2043 SARATOGA,CA95070 39713050 BERMAN, AARON & EVELYN TRUSTEE or Current Owner 19140 VIA TESORO CT SARATOGA, CA 95070-5651 39713055 LEHMAN, MICHAEL E & JEAN M or Current Owner 19123 VIA TESORO CT SARATOGA, CA 95070-5651 39713056 RATNER, HARRY A & MARCIA J TRUSTEE or Current Owner 19103 VIA TESORO CT SARATOGA, CA 95070-5651 39713060 KINDER, FREDERICK or Curcent Owner 14437 LELAND CL SARATOGA, CA 95070-0000 39713063 HANCOCK, LELAND W & BEVERLY J or Current Owner 14450 LELAND CL SARATOGA, CA 95070-0000 39714013 MUIR, WALTER E & KAREN L or Current Owner P O BOX 10097 SAN JOSE, CA 95157-1097 39714025 MOORE, RONALD A & DOROTHY TRUSTEE or Current Owner 14231 SHORT HILL CT SARATOGA, CA 95070-5634 39713061 BORRIONE, JOHN P & LYNNE A ETAL or Current Owner 14430 LELAND CL SARATOGA, CA 95070-0000 39713066 NAGPAL, AMIT &SUBASHREE TRUSTEE or Current Owner 19101 VIA TESORO CT SARATOGA, CA 95070-5651 39714022 WEST VALLEY JT COMMUNITY COLLEGE or Current Owner FRUITDALE AV SARATOGA, CA 95070-0000 39113062 BORRIONE, JOHN P & LYNNE A ETAL or Current Owner 14430 LELAND CL SARATOGA, CA 95070-0000 39713067 NAGPAL, AMIT & SUBASHREE TRUSTEE or Current Owner 19101 VIA TESORO CT SARATOGA, CA 95070-5651 39714024 CORNELIUS, RILLIE E ETAL or Current Owner 2204 REEF CT BYRON, CA 94514 Attachment 6 RECORD WITHOUT FEE PURSUANT TO GOVT CODE SECTION 6103 Recording Requested by: City Attorney City of Saratoga, California When Recorded, Mail ta: Office of the City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Form per Gov't Code Section 27361.6 iSPACE ABOVE TNIS LPIE FOA RECORDER'S usE~ MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT This Agreement, ("Agreement"), is made and entered into this 19th day of October, 2005, by and between, Amit Naslpal and Subashree Vedantham ("Owner"), Owner of the real property described below, and the City of Saratoga, California, a municipal corporation, ("City"). City and Owner maybe referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." A. Recitals. (1) California Government Code Section 50280, et seq. authorizes the City to enter into contracts with owners of qualified historical properties to provide for the use, maintenance, and restoration of historical properties so as to retain characteristics of historical significance. (2) Owner possesses fee title in and to (together with associated structures and improvements thereon) the real property described in Exhibit A to this Agreement and referenced herein as the Historic Property. The Historic Property is shown on the 2005 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 397-13-066 and as of the Effective Date is generally referenced by the following street address 14288 Chester Avenue in the City of Saratoga. (3) The Historic Property was designated by the City as a historic landmark by Ordinance No. and the City has determined that this Agreement is necessary to allow the restoration, rehabilitation, and maintenance of the Historic Property. (4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code. The Resolution of the City Council approving this Agreement is attached hereto as Exhibit B. Page 1 of 14 B. Agreement. City and Owner, in consideration of the mutual covenants and conditions set forth herein and the recitals set forth above, do hereby agree as follows: (1) Term ofAareement. (a) This Agreement shall be effective and commence on the date recorded in the Santa Clara County Recorder's Office ("Effective Date")and shall remain in effect for a term of ten (10) years thereafter. (b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the Agreement shall be extended by one year unless notice of non-renewal is served as provided herein. (c) In accordance with Government Code section 50282 ff either Owner or City desire in any year not to renew the Agreement, that Party shall serve on the other Party written notice of non-renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date. Notice of non-renewal by Owner shall be filed at least ninety prior to the Renewal Date. Either party may protest anotice ofnon-renewal. A notice ofnon-renewal may be withdrawn at any time prwr to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of non-renewal. If a Party serves and does not withdraw a notice ofnon-renewal the Agreement shall remain in effect forten years from the next Renewal Date as stated in this contract. (2) Condition of Historic Proaerty. The characteristics that contribute to the historic significance of the Historic Property and the condition of the Historic Property as of the Effective Date are documented in Exhibit C to this Agreement ("Baseline Conditions"). (3) Standards for Historical Proaerty. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: (a) Owner shall immediately implement the list of goals and general improvement plans for maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this Agreement ("Restoration Plan") in order to bring the Historic Property into conformance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation and the State of California's Historic Building Code (collectively, the "Applicable Rules"). Thereafter, Owner shall preserve and maintain the characteristics that contribute to the historic significance of the Historic Property. This shall include, but not be limited to, maintaining the Historic Property in good repair and Page 2 of 14 conducting all use, maintenance, repair, restoration, and preservation in accordance with the Applicable Rules and all other City, State, and Federal laws. (b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on the Historic Property that does not involve a change in design, material, or external appearance thereof, NOr does this Agreement prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Community Development Director determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ("SHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall be used in the City's building permit procedure for the Historic Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the Owner or occupants of the Historic Property or the public. (d) Owner shall maintain the Historic Property in a mannerthat does not block the view of the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or other landscaping. (4) Provision of Information. (a) Within thirty days of any request, Owner shall furnish City with any and all information request2d by City relevant to this contract to determine compliance with the terms and provisions of this Agreement. (b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement, all records as may be necessary to determine the eligibility of the property involved, and Owner's compliance with the terms and provisions of this Agreement. These records shall include, but not be limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all such records to the new Owner of the Historic Property. (c) Owner shall submit annually to the Community Development Director a report which shall specify all work completed during the preceding twelve months to comply with the requirements of this Agreement and report on such other items as may be specified by the Community Development Director. Page 3 of 14 (d) Owner shall allow for periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives ofthe County Assessor, State Department of Parks and Recreation, State Board of Equalization, (collectively the "Interested Agencies") andlor the City. The Community Development Director shall determine when periodic examinations by the City may be necessary to determine the eligibility of the property involved, and to determine Owners Compliancewith thetel'I'ns and provisions of this Agreement. Examinations by representatives of the Interested Agencies shall be made as deemed necessary by those agencies. (5) Cancellation. (a) CITY, following a duly noticed public hearing as set forth in California Govemment Code Section 50285, may cancel this Agreement if it determines one or more of the following: (i) Owner has breached any of the terms or conditions of this Agreement; (ii) Owner has allowed the Historic Property to deteriorate to the point that it no longer meets the standards of the Applicable Rules or no longer qualifies as a City of Saratoga historic landmark; (iii) Owner has allowed the property to deteriorate to the point that it no longer meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings; (iv) Owner has not complied with other local, state, or federal laws and regulations. (b) In the event of cancellation, OWNER shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. (ti) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City. (7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Page 4 of 14 Agreement, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default by Owner City shall give written notice of the violation to Owner by registered or certified mail addressed to the address provided for notice in this Agreement. The violation shall be corrected to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the violation cannot reasonably be cured within sixty days, actions to cure the violation shall be Commenced within sixty days and pursued diligently to completion within a reasonable period of time to be determined by the City. If the violation is not timely cured then the City may, without further notice, declare a default and bring any action necessary to specifically enforce the obligations of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for such other relief as may be appropriate. The City's right to enforce this Agreement shall in noway limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal law, including the historic preservation regulations under the City's municipal code. (8) Binding Effect of Agreement. (a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shalt be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to the City. (b) City and Owner hereby declare their understanding and intentthatthe burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner has a legal interest in the Historic Property and this Agreement relates to and affects the use of the Historic Property. (c) City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is not limited to the benefit to the public street named in the recitals to this Agreement, City, residents of City and of the State of California, and Owner. Page 5 of 14 (9) Notice. (a) Any notice required to be given by the terms of this Agreement shah be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. CITY: City of Saratoga Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 OWNER: Amit Nagpal and Subashree Vedantham 19101 Via Tesoro Court Saratoga, CA 95070 (10) No Partnership or Joint Enterarise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. Owner agreesto protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same maybe caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which Owner shall become legally liable arising from Owner's acts, errors, or omissions with respect to or in any way connected with the prosecution of the work performed by Owner pursuant to this Agreement. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this Agreement regardless of whether City prepared, supplied, or approved any plans, specifications, other documents, or any proposed conduct relating to the Historic Property. (12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay its own attorney's fees. (13) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in Page 6 of 14 the office of the County Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the Office of Historic Preservation of the Department of Parks and Recreation no later than six (6) months of entering into this Agreement and shall provide the City with a copy of such notice at the time it is filed. (14) Fees. The Community Development Director may assess and Owner shall pay such Mills Act Historic Property Contract fees for the administration of this Agreement as may be authorized from time to time by the City CouncN. (15) Severabilitv. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and Owner hereby declare that each would have approved and accepted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (16) IntearatedAareement-TotalitvofAareement. This Agreementembodies the agreement between City and Owner and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. All Exhibits to this Agreement are hereby incorporated and made a part of this Agreement. (17) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (18) Governing Statutes and Law. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (19) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Page 7 of 14 IN WITNESS WHEREOF, CITY and OW NER have executed this Agreement on the day and year first written above. CITY OF SARATOGA, CALIFORNIA, a California municipal corporation City Manager ATTEST: Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868-1222 Fax Number: (408) 868-8555 City Clerk Approved as to Form: City Attorney OWNER [Notarized Signature(s) Required] By: Name: Subashree Vedantham Title: Owner Local Address: 19101 Via Tesoro Court Saratoga, CA 95070 Telephone: (408) 741-5501 Exhibit List Exhibit A -Legal Description of Historic Property Exhibit B -City Council Resolution Approving Agreement Exhibit C -Baseline Conditions of Historic Property Exhibit D -Restoration Plan Page 8 of 14 LEGAL DESCRIPTION OF HISTORIC PROPERTY Exhibit A The Historic Property that is the subject of this Agreement IS the real property described below including all structures and improvements thereon: All that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: APN: 397-13-066 All of Parcel One as described in that certain Parcel Map recorded October 16, 200o in Book 733 of Maps, at Pages 13 and 14, Santa Clara County Records. Resolution of the City Council of the City of Saratoga approving the MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT Exhibit B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 14288 CHESTER DRIVE PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to Califomia Constitutional Art. XIII-8 and California Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code 439-439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the .City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element C0.5.0 to "Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 14288 Chester Avenue has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance; and WHEREAS, the property located at 14288 Chester Avenue is the subject of a Mills Act contract between the City and the property owners dated October 19, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 14288 Chester Avenue immediately upon the effective date of the ordinance approving the Landmark designation. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 19"' day of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kathleen King, Mayor Cathleen Boyer, City Clerk BASELINE CONDITIONS OF HISTORIC PROPERTY Exhibit C (See Attached) Caen de Tesoro 14288 Cheekr Avenue Saratoga, CA 95070 Bl. Historic Name: Cara de Tewro B2. Common Name: Dr. Peck'x Home B3. Original Use: Single family residential H4. Current Use: Single Family Reddeatial B5. Architectural Style: Miwiioe Bti. Construction History: Constroction began it 1935 using rutbentk adobe brickr and was interrupted by World War II with only tbe siz arched loggia, the three-ear garage (tower) and a hobby room completed. In 1%7, a large new wing was coastruMed using the remaimkr of the adobe briclu over wood frame. Heating, plumbing and fboriog were rdded to ezkding structure. The gauge tower beersee a 30' z 40' spacious high-ceiling living room and the hubby room trradormed into r master bedroomlbath. New owael7t (1991) have made na etrYCtural chrnges. B7. Movedt Z_Tio B8. Related Features: Casa de Tewrro ie aarruurded by a krvely, natural garden, surrounded by huge live oak trees. The Courtyard ie an irvitiag place to reka with sm sad shade sad a swimmlag pool. The nriyue file used is the master bathroom was dewgned by Rae ChicheNer, B9r. Architect: Haas Sumpf for original portion of the building b. Builder Nat kaowe Warren B. Held for 1%7 rdditloa b. Builder. Howard Haldeman Period d Sigrificaace: Property type: Prtvde Applicable Criteria: B3 Architedare Casa de Tesoro, "House ~ Treaare" is a uniyae reeidentiri stnctnre located is what wrs ono the uaiacorponted Santa Clan County countryside. Original construction wrr begun is 1935 seal there have beer Duly two subsequent orvaerx. The second urvaer added re ezteesive new wing in 1%7 atiNr3og the wane wstom-made adobe bricks used to build the origiral sectkm. The addkioa was thaaghttauy deeigaed in the wane early California style with red dk rout and arches. The torrent owaen have made nu strncdrnl changes sad wish to preserve tbe historical character of the place. Tbe house is singularly nniyae is an upscale Saratoga neighborhood of uaigae homes. its signifkance Iles is the age (70 years) of the fiat strocture and the plan to band a the adobe dwelling, and the fret that r later wing matched the earner concept io both style and constradioa, even using the original adobe bride. Tbe c~plez embodies the distinctive charu'terlstics of atype and a method of coratroction. Casa de Tesoro is as ertrrordiaary structure which compares favorrbly with its neighbor, Caro 7ferra, r 13,000 square foot Mirsiua-slyk house on Quito Road bout with adobe bricks that were band crafted oo the property by two mterpriwag women is 1941.43. The Kenyon family from Ohio settled on property along HmoeKead Road and Saratoga Avesnre in Santa Clara in 18511. James Monroe Kenyon Jr. was one of the childrxw bon at that location eo Febroary 26,18ti3, was educated locally in the public schools and at the Cdkge of the Pacific. le 1885 be moved to Apia and establia6ed apple orchards. In 1908 6e returned to Santa Clara County, bought 50 acres a Fruitvak Avenue in Saratoga, She nrbjtd property, and raised both prunes and apricots. He divided parcels of land for his children but sold the majority of the property to Wert Valley College is 1%7, l01935, Newton and Fay Jackson purchased 21 ores of ICenyon'a land boanded by t:'htater Avmae, Ten Acres Road and San Marcos Road. Newton Jackson and his brotber, Elgin were South Bay pear farmers. The Jackson's first project was to build a small adobe guest cottage where they lived during the rnostructioa of their dream house. They commissioned Hans Sumpf of Fresno to wpervife the production of 30,000 adobe bricks, all of which they intended to nee; however, the project was iaternrpted y Iabor is World War II. Only the siz-arched k>ggia, the three-car garage and a hobby room were completed. The Jacksone bad planned to build atwo-story, 5,000 square fool main house. The uansed adobe bricks were stacked in front ottbe arched krggia, a caretaker's home was built, and another room added to the greet cottage. la 1%7, Dr. Ckmmer Peck and his wKe, Ruth, purchased the Property, moving thdr family irate the guest cottage, The Pecks commissioned Warren Hdd, a kcal Saratoga architect, to deli=s and caaetraet a large new wing using the remainder of the adobe bricks over a wood fro add to the oezirtiug rdeta~ ,fie style as the original. At that tip, hwting, plumbing and flooring three-car garage tower became a 30' z 40' spacioas high~eiliug living room and the hubby room r-o transformed into a mauler balroom. The warier bath fea~re a TYer of Lijotile moral designed by local tik tle artist, Ross Chichester. At the time d the construction d the addMio>I+Ha>hi SB~+~-~~' original adobe bricks in the arches. In 1991 Ruth Peck sold the properly to Amit and Sasie N1ti~>tl. T`e Nagpalu enjoy living in the unique space and wish to preserve the integrity d the place. They have made ou structural changes. At the time d the 1991 sale, the address changed from Sea Mamw Rowl to Via Taos The Nagpala wbdivided the 2.460 acre parcel and created a separate lot oa the property for a home that was built with an entrance from Via Tesoro. The entrance to the adobe hone N off d Chafer Arcane. Bli. Additional Resource Ariribute: Numerws native oak trees, appropriate natural landscaping. oniyue bathroom tile. B12. Refereoeea: See attached Continuation Sheet B12. Remarks: The compkz embudie the distinctive characteristic d a unique and historical type and method d cuartructbn. Bld: Evaluator. Beth Wyman, HlWoriaa 12231 Fredericksburg Drive Saratoga, CA 95070 408/867-1195 bethwy®anl.COm CI~Pro6 Mrn Date d Evahration: Jane 13, 2005 Sce Contiauatirm Shed B12. Reference: PEOPLE Aasun.>?n~d. Owner, Stoeelight Tik 609 South First Street San Jose, CA 95113 408/298004 www.stonelighriik:rnm $nrps,.PaYI, Preuidrat, Fireclry Tile 495 West Julian Street San Jere, CA 93110 408/275-1182 Currey Owcers,1991- Praed 19101 Via Tesoro Cnart Saratoga, CA 95070 408/741-5501 Adobe Address: 14299 Chafer Avenue Saratoga, CA 95070 Wy,~$ry1, Architect for 1967 Additbn Warren B. Beid aed Asuociates, AIA 14630 Big Brain Way Saratoga, CA 95070 4081867-9365 • L (Mrx Ckmmer Peck), Previous Owner, 1967-1991 n---~ou_ Proog_rrv Address (jor adobe dwellinaL_ 19100 Sau Marcus Ruad Saratoga, CA 95070 PO Bo:626 Saratoga, CA 95071 408%141-5174 grammarueQaul.cum RESTORATION PLAN Exhibit D Year 1 - 2005 ^ Update master bedroom bathroom ^ Replace carpet in hallways • Remove asphalt roadway and landscape area ^ Water line replacement Year2 -2006 ^ Balcony roof area improvements ^ Landscape slope areas ^ Window replacement Year 3 - 2007 ^ Adobe grouting repair • Landscaping improvements Year 4 - 2008 ^ Upgrade gutters ^ Landscaping improvements Year 5 - 2009 ^ Interior painting upgrades ^ Pool equipment upgrades Year 8 - 2010 Refinish the floors ^ Driveway area improvements Year 7 - 2011 Bathroom improvements ^ Landscaping improvements Year 8 - 2012 ^ Kitchen improvements Year 9 - 2013 Landscaping improvements ^ Exterior painting Year 10 - 2014 ^ Landscaping improvements General Note: Ongoing Maintenance will occur as needed. Years noted are best estimates - Tasks maybe completed Interchangeably between the yeas noted. SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 ORIGINATING DEPT: Community Development PREPARED BY: Deborah Ungo-McCormick AGENDA ITEM: ~_ CITY MANAGER; ~~~ DEPT HEAD: John Liv' tone SUBJECT: 14574 Horseshoe Ct.; Application OS-029 for General Plan Amendment and Rezoning RECOMMENDED ACTION: The Planning Commission (PC) recommends the City Council: (1) Approve the attached Resolution amending the General Plan to redesignate the property at 14574 Horseshoe Court as Very Low Residential Density; and (2) Approve the attached Ordinance rezoning the property located at 14574 Horseshoe Court as R-1-40,000. ~. In accordance with this recommendation, staff recommends that the City Council open the public hearing and accept public testimony on the resolution and ordinance then close the hearing, adopt the resolution and introduce and waive first reading of the attached ordinance. Staff further recommends that the Council direct staff to place the second reading and adoption of the ordinance on the consent calendar for the next regulaz Council meeting. BACKGROUND: The property owner currently owns two adjacent pazcels consisting of Parcel 1 (APN 397-20- 31), which fronts onto Horseshoe Drive and Pazcel 2 (APN 397-20-94), which fronts onto Horseshoe Court (a private street). Pazcel lcontains asingle-family home, and is zoned R-1- 20,000 with a Residential Low Density land use designation. Pazce12 is vacant and is zoned R-1- 40,000 with a Residential Very Low Density designation. Pazce12 contains a significant grove of Oak trees in the front portion of the site, which have been identified in the azborist report as ordinance size trees, which warrant protection. Once the owner started the process of designing a new residence for Pazce12, it became appazent that in order to retain the ordinance trees and meet all setback requirements of the R-1-40,000 zoning district, there was not sufficient azea to build a new home (see Constraints Map -Attachment #1). Thus, the applicant submitted an application to the City for a lot line adjustment between the two pazcels that would transfer approximately 40,903 squaze feet from the rear portion of Pazcel 1 to Pazcel 2. This adjustment will provide sufficient area to build a home and retain the trees. However, the affected 40,903 squaze feet portion of the site that is being transferred from Pazcel R-1-20,000, while the front portion of the lot has a designation of RVLD (Residential Very Low Density) and is zoned R-1-40,000. Therefore, the applicant is requesting a General Plan u Amendment to RVLD (Residential Very Low Density) and Rezoning to R-1-40,000 to make the land use and zoning designation consistent for the entire site (See Attachment #2). The lot line adjustment is an administrative review process (Section 14-5- 040), which essentially verifies. that both sites will still conform to minimum site and zoning requirements (lot area, setbacks, maximum coverage, maximum FAR, etc.) of the applicable district, will not create any new pazcels and has been prepazed following accepted mapping standazds. The Planning Director has determined that the two resulting parcels will meet minimum zoning district standards of the current applicable districts (for each lot) and will not create a new lot, only adjust lines between two existing lots. A Design Review application was approved by the Planning Commission for a new residence on Parcel 2. However, the approval includes a condition of approval, which requires approval of the General Plan Amendment and Rezoning prior to issuance of building permits. If the General Plan Amendment and Rezoning are not approved, the applicant will be required to redesign the residence and return to Planning Commission for approval. DISCUSSION: Without the proposed redesignation and rezoning, the reaz portion of the site would be regulated by R-1-20,000 zoning district standazds, while the front portion of the site would be regulated by R-1-40,000 zoning district standards. This is not a desirable situation as it leads to confusion regazding which development standards apply, which in some cases can be less or more restrictive in each zoning district. For instance, the rear setback in the R-1-40,000 district is 50 ft. "` whereas the rear setback in the R-1-20,000 district is 35 feet. Similazly, the side setback in the R- 1-40,000 District is 20 feet, while it is 15 feet in the R-1-20,000 District. The proposed General Plan amendment and rezoning would allow the subject site to develop under one single set of development standards. Further, the adjacent properties most affected by future development of a new home on Parcel 2 would benefit from the greater setback requirements of the R-1-40,000 zoning district. General Plan Conformance: The following General Plan Goals, Objectives and Policies are applicable to the proposed redesignation: Land Use Element Policy 8.1: "Existing non-developed sites zoned single family detached residential should remain so designated. " The existing two pazcels are zoned single-family detached residential. The redesignation of a portion of one parcel will not change the intended use of the site as both will continue to be designated for single-family detached residential. 2 of 2 Zoning Regulations: The portion of the site affected by this rezoning is currently zoned R-1- 20,000 (Low Density Residential) while the remaining (front) portion is zoned R-1-40,000. The purpose of the rezoning is to ensure consistency of development standards for the entire site. In order to approve a redesignation to a lower residential density designation for the azea, however, Government Code Section 65863 (b) requires that: "No city, county, or city and county shall, by administrative, quasi judicial, or legislative action, reduce, require, or permit the reduction of the residential density for any pazcel to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law, Article 10.6 (commencing with Section 65580) of Chapter 3, unless the city, county, or city and county makes written findings supported by substantial evidence of both of the following:" 1. The reduction is consistent with the adopted general plan, including the housing element. The site is currently designated as asingle-family residential site and the proposed rezoning of the reaz portion of the site from R-1-20000 to R-1-40,000 will not change this designation. The rezoning will be consistent with adopted Land Use Element Policy 8.1, which states that "existing non-developed sites zoned single-family detached residential should remain so designated". The Housing Element does not proposed redesignation of any currently zoned single-family sites (2002 Element Table 1 -Means of Achieving Consistency). 2. The remaining sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584: The portion of the site subject to rezoning is currently designated for production of low density residential and the change in zoning designation will not result in a reduction of anticipated housing units on the site. Furthermore, the rezoning will make the entire parcel consistent in zoning designation and the applicant is proposing a secondary dwelling unit, which is consistent with Housing Element goals to encourage production of secondary units. The proposed redesignation for the reaz portion of Parcel 1 is primarily to bring consistency between the front and rear portion of Parcel 1, resulting from the lot line adjustment. The redesignation is for a lower density, and thus will not increase the potential for subdivision of the lot. Due to site constraints identified above, it is unlikely that any subsequent subdivision would be pemutted for Parcel 1. In addition, the applicant is proposing to build a new home in a manner that would preclude any future subdivision of the site. ENVIRONMENTAL ANALYSIS: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b) (3) because there is no possibility of an impact on the environment in that the project not result in increased development potential for the parcel in question. PLANNING COMMISSION ACTION: The Planning Commission considered the proposed General Plan Amendment and Rezoning at the regular meeting of September 14, 2005. There was no public testimony in opposition of the 3 of 3 proposed amendment and rezoning. The Planning Commission voted unanimously to recommend approval of the proposed amendment and rezoning to the City Council. FISCAL IMPACT: No fiscal changes or impacts aze anticipated from this change. Staff resources utilized to prepare the staff report and process the application is charged to deposit funds provided by the applic2rit. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Pazcel 2 would retain two sepazate land use and zoning designations, which would result in the subject site being regulated by two different sets of development standards. In addition, retaining the less dense designation and zoning district in the rear portion of the lot would result in less restrictive setback and coverage requirements. ALTERNATIVES: . Deny the proposed ordinance and resolution. FOLLOW-UP ACTIONS: Adopt ordinance by consent calendar action at the next City Council meeting. ATTACHMENTS: 1. Site Constraints 2. Existing and Proposed General Plan Designations and Zoning Districts 3. Ordinance for Rezoning with Exhibit A 4. Resolution of Approval of General Plan Amendment with Exhibit B 5. Planning Commission Minutes -September 14, 2005 4of4 y ,~. «E+ __ ~`~ ~._. pNRCf:I. ~ ; e .~. TRACT R47 • ~ siuMT... Ery~ "~. / C \D •r r ~: r ysr' s r ~ ~~ ~ `.~rr p rrf ~F J1 + ..`` `~ r ~ ,rv.. r 1.'a+~µ~ 'f .~ _.~ ~w, e, ~.~V~~ r Fr ~r %• v°~ -~ p ~ ~ ~', iRACf 2Q NIBEE7M \~ R: ~~ r YMiN[ `a we ~e ~~ \ _ - ~ ~ ~ to r \~e r ~ ~ t:... ~ .\ r -- L r11 ]7~-M-rO EILLIIQ PM !7E-Y-rO IIIIY[lL E (WT 1) /'S' ... ~y~ _ T R-1-40,000 setbacks Dripline of Ordinance size trees 4 ~b sue. ~~4'.r~.. ~~ 4 ~~+~• ; \ ~ /Ilip10AN :, r . O ~ E p Y~ ~ .. ,vz.G:.4'~ ~ P+P~RGEL ~ SITE CONSTRAINTS PARCEL 1-WITHOUT LOT LINE ADJUSTME NT) ATTACHMENT 1 kao~ ¢~-.o M_M O ,~'~~ ~u~ AIF EXISTING ajP° ~-'~~ F ~~ -.~ o~ ,tea ,~, aex .z... '(¢ t~~~ ~~ PROPOSED ~,.1•~~~ yp ~ ..... ~~~ ~ J7 e~ -- Q.~~ o , .. 4~ '; \ `.. ...-. ~0 :.. o ~-'~~ ~ ~ F . r EXISTING AND PROPOSED GENERAL PLAN DESIGNATION AND ZONING DISTRICTS ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF SARATOGA REZONING CERTAIN TERRITORY OF THE CITYOF SARATOGA, AND AMENDING THE ZONING MAP FOR A PORTION OF APN 397-20.94 (FORMERLY A PORTION OF APN 397.20.31) The City Council of the Ciry of Sazatoga does ordain as follows: Section 1. Findin¢s. The Ciry Council finds and declares as follows: A. The City of Saratoga General Plan Land Use Map has been amended to redesignate approximately 40,903 square feet (.939 acres) in the reaz portion of pazcel APN 397-20-94 fmm Residential Low Density to Residential Very Low Density to conform with the existing General Plan designation and zoning of the front portion of said lot, as described in attached Exhibit A; and B. As demonstrated by the materials in Community Development Department File No. 05-029, the redesignation and rezoning aze consistent with the adopted general plan, including the housing element and the sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. Neither the redesignation nor this zoning map amendment will reduce, require, or permit the reduction of the residential density for any pazcel to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law. Section 2. Zoning Map Amendment. Pursuant to Section 15-85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is hereby amended by reclassifying the approximately 40,903 square feet portion of Pazcel APN 397-20-94 (formerly a portion of APN 397-20-031) in accordance with Exhibit "B" attached hereto and made a part hereof, by rezoning the site from R-1-20,000 to R-1-40,000, which result in the that portion of site to be in conformance with the Residential Very Low Density designation of the General Plan. ATTACHMENT 3 Section 3. Publication. Tlds ordinance or a comprehensive summary thereof shall be published once 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 regulaz meeting of the City Council of the City of Sazatoga held on the 19th day of October, 2005, and was adopted by the following vote following a second reading on the 2nd day of November 2005: AYES: NOES: ABSENT: ABSTAIN: Approved: Kathleen King, Mayor ATTEST: City Clerk ATTACHMENT 3 ,•.~ ~~ ~~~ q PLAT MAP FOR GENERAL PLAN AMENDMENT wcs~~u cwarm+x n+c. 11L~J 116 M9M NNY, SMATOW~ RESOLUTION 05- A RESOLUTION OF CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND USE DESIGNATION OF A PORTION of ASSESSOR PARCEL NUMBER 397.20.94 (FORMERLY 397.20- 31) FROM RESIDENTIAL LOW DENSITY TO RESIDENTIAL VERY LOW DENSITY WHEREAS, an application was made to the City of Saratoga under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the Ciry of Saratoga, for a Lot Line Adjustment to modify the lot lines between two parcels (APN 397-20-031 and 397-20-094), all as more particularly set forth in File No. 05-029 of this Ciry; and, WHEREAS, an application was made to the City of Sazatoga for an amendment of the General Plan Land Use Map to redesignate approximately 40,903 square feet (.939 acres) in the reaz portion of parcel APN 397-20-94 (as modified by the aforementioned Lot Line Adjustment) from Residential Low Density to Residential Very Low Density to conform with the existing designation and zoning of the front portion of said lot, as described in attached Exhibit A; and, WHEREAS, the City Council has conducted a duly noticed hearing at which time all interested parties were given full opportunity to be heazd and to present evidence; and, WHEREAS, the City Council finds that the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061 (b) (3) because there is no possibility of an impact on the environment in that the project would reduce the development potential for the parcels in question; and, WHEREAS, the City Council has determined that the General Plan Land Use Map needs to reIlect and be consistent with the Very Low Density Residential land use designation of the front portion of the parcel; and, WHEREAS, the City Council finds that the proposed general plan amendment is consistent with land use and housing goals and policies of the General Plan; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby amends the Saratoga General Plan Land Use Map by changing the land use designation of 40,903 square feet (.939 acres) in the reaz portion of parcel APN 397- 20-94 to Very Low Density Residential from Low Density Residential, as shown in Exhibit A (attached). PASSED AND ADOPTED by the Saratoga City Council, State of California, the 19`h day of October, 2005 by the following roll call vote: ATTACHMENT 4 AYES: NOES: ABSENT: ABSTAIN: Approved: Mayor ATTEST: City Clerk ..... ~ ~ ~ .aoi-2oao. ~,'.~.~. ,' "~ao~nK~iowFU r„+~. .... . ~-r+o awi v~wcr pcs~r+nx. ® ango+nK war ww oo+.an .'.'.'.'.'.'. ~ m x ncunm ...... . 31'1'" B P~,AT MAF FOR REZONI! ecsi.ui oaumis, i IWN ao earl ter, aY1A • • Page 8 Planning Commission Minutes for September 14, 2005 :Commissioner Rodgers said. that she lives near the Village and likes having Personal Service Businesses located nearby. Commissioner Hunter pointed out that women love to patronize salons in the Village because it is a beautiful Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council to approve a Zoning Ordinance Amendment (Application #06-078) that will regulate the placement of Personal Service Businesses in the CH-1 and CH 2 zoning districts and will specify the requirement of a Conditional Use Permit for new Personal Service Businesses at the first floor level along Big Basin Way, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal and Uhl NOES: Rodgers ABSENT: Schallop ABSTAIN: None PUBLIC HEARING -ITEM N0.3 APPLICATION #05 029 (397 20 941 DEXHEIMER 14574 Horseshoe Court: -The applicant requests approval of a General Plan Amendment from Low Density Residential to Very Low Density Residential and rezoning from R-1-20,000 to R-1-40,000 for the approximately 31,292 square feet (0.72 acre) rear portion of a vacant lot to confonn with the existing desi9roval to and zoning of the front portion of lot. The applicant also requests design review app construct atwo-story, single-family residence, garage and secondary dwelling unit on the lot: The total floor area of the proposed residence, garage and secondary dwelling unit is 7,700 square feet. The maximum height of the proposed residence is 26 feet. The net lot size is approximately 100,751 square feet (2.31 acres) and the site is zoned R-1 40,000. (DEBORAH UNGO-MCCORMICK) Contract Planner Deborah Ungo-McCormick presented the staff report as follows: Advised that there are three components to this application, a General Plan Amendment to amend the density from Low to Very Low Density, a Rezoning from R-1-20,000 to R-1- 40,000 and Design Review to allow the construction of a new home. Reported that the Commission will forward a recommendation to Council who will take final action on the General Plan and Zone changes. Explained the reason for the General Plan Amendment: She said that this is a very large site that is two parcels under the same ownership. Parcel 1, consists of 1.9 acres and has an existing home on it. Parcel 2, consists of 1.6 acres, and is a vacant lot. There area number of trees located in the front portion of the vacant lot that are beautiful Oaks. Additionally, there is Wildcat Creek running through that parcel. With the current zoning, setback requirements make this parcel di ustmentathe lowne~wll borrow a d filrom on'ei c~i1 these beautiful trees. With a Lot Line Adj • • Page 9 Planning Commission Minutes for September 14, 2005 to allow an area that is developable with required setbacks while preserving these Oak trees. Informed that the Lot Line Adjustment is an administrative level process. Stated that if this application were approved, Lot 1 would continue to conform t0 all required setbacks. Said that it is difficult to have different zoning designations for these two lots. Explained that the General Plan document is adopted as a blueprint for land use, circulation, open space and housing issues. A General Plan is generally updated every 10 years. However, amendments to the General Plan are allowed as needed. The General Plan in Saratoga has not been amended in 10 years. Amendments are not taken lightly but rather are carefully considered. Stated that this General Plan amendment makes sense here. The required findings for both the General Plan and Zoning Amendments can be made. Reported that zoning cannot be downsiznd unless it can be proven that this downsizing is not reducing housing,opportunities. Recommended that the Commission forward a recommendation to Council to approve a General Plan Amendment from Low Density to Very Low Density and a Zoning Change from R-1-20,000 to R-1-40,000. Assured that these changes result in a consistent pattern in this area. Chair Nagpal suggested that the Commission pose. any questions regarding the General Plan and Zone Change prior to the continuation of the staff report on the issue of Design Review. Commissioner Cappello asked ff Council does not approve the General Plan and Zone Change and the Commisslon has taken action to approve the Design Review, what would happen. Planner Deborah Ungo-McCormick said that there is a condition for the Design Review Approval that states that this approval is contingent upon the final approval of the General Plan Amendment, Zone Change and Lot Line Adjustment. She added that the applicant will also be required to go to the Santa Clara Valley Water District to satisfy any requirements about developing in the proximity of Wildcat Creek and provided written documentation of this. compliance to the City of Saratoga prior to issuance of a building permit. Director John Livingstone reiterated that any Design Review Approval is based upon General Plan and Zone Change approval. If these changes were not approved, significant changes would be required in the Design Review application. Commissioner Cappello asked 'rf the Commission must approve the General Plan and Zone Change prior to considering the Design Review. Chair Nagpal asked-staff if the City had asked the applicant to submit their Design Review applicatiomat this stage. Planner Deborah Ungo-McCormick replied yes and no. In reality the applicant was ready to apply last December. Staff felt that it is easier to understand the constraints of this parcel and • • Page 10 Planning Commission Minutes for September 14, 2005 the need for the General Plan and Zoning Amendments if a Design Review Application is reviewed at the same time. Director John Livingstone said that this allows the Planning CoInn11SSI0n t0 IOOk 8t t118 bl9 picture and the applicant to undergo one process instead of two. This is typically how such an application would be handled. Chair Nagpal asked why development would be difficult without these changes. Planner Deborah Ungo-McCormick said that the Lot Line Adjustment would allow a second living unit and pool on Parcel 2. Without these General Plan and Zone changes, the current setback requirements would result in a house for Lot 2 having to be constructed exactly where the nice Oak trees are located. Without these changes and under current conditions this is essentially not a buildable lot. Chair Nagpal pointed out that this is an irregularly shaped lot. Planner Deborah Ungo-McCormick advised that the rear setback is the one that creates the most problem. She added that SCVWD wants to see any home that is built within 50 feet of a creek. Commissioner Hunter pointed out that Wildcat Creek has gone over its banks. Planner Deborah Ungo-McCormick advised that a neighbor has already mentioned that fact. Commissioner Cappello asked ff there are two Lot Line Adjustments required. Planner Deborah Ungo-McCormick replied no, just one. The existing line would simply be relocated. There is one property line now. With the adjustment it will be moved. Chair Nagpal asked Planner Deborah Ungo-McCormick to continue with her report on the Design Review application. Planner Deborah Ungo-McCormick continued her report as follows: Explained that the applicant would construct atwo-story single-family residence, a garage and a secondary living unit. Said that the applicant is seeking the 10 percent bonus floor area that is allowed if the applicant processes a deed restriction that dedicates the second unit as a BMR (Below Market Rate) rental unit in the event that unit is ever to be rented out. Described the proposed residence as being contemporary and post-modem. It incorporates stucco, wood and a metal roof. Said that there is a mixture of traditional and contemporary architecture in the immediate area. Reported that staff initially had concerns about this proposed contemporary architectural style. However, it was determined that. this home would not even be visible from the street. Page 11 Planning Commission Minutes for September 14, 2005 Reminded that this proposal is designed so as to preserve as many of the mature Oaks as possible. They are removing only one Oak and it is not in great shape. Another tree, a Black Pepper, is also to be removed and is also in poor condition. Said that a pool and patio area is also included and the required parking IS prOVldBd. MOST of the driveway will be pervious pavers. Minimal cut and fill are required so a geotechnical report was not necessary. Stated that staff believes that this project meets all Design Review guidelines. Reported that all seven adjacent neighbors were notified and that calls were received from four people, two of who are immediate neighbors and two of whom are from the vicinity of the project. One neighbor, who was unable to attend this evening, is in support of the project but has parking concerns during construction. Another neighbor had screening concerns and that issue has been worked out. The Wertzes from 19965 Douglas Way were concerned about privacy issues. The applicant is willing to add screening landscaping. Drainage concerns were raised. Two other calls came in with questions but no speck comments. Recommended Design Review Approval. Chair Nagpal asked for the color board. Commissioner Kundtz asked about a response from the owners at 14552. Planner Deborah Ungo-McCormick advised that the owners of that property are the applicants themselves. Commissioner Rodgers complimented Planner Deborah Ungo-McCormick on a wonderfully complete staff report. She asked about the requirements imposed by the Fire Department. Planner Deborah Ungo-McCormick said that the Fire Department has agreed that what is proposed is acceptable. Commissioner Rodgers asked if there are not special Fire Department requirements for a heavily wooded site such as this one. Planner Deborah Ungo-McCormick replied on site circulation and parking, which are provided. Director John Livingstone clarified that standard Fire and Building Code requirements are imposed but are not outlined in the Resolution in order to streamline ft. Commissioner Hunter pointed out that 50 people were sent notification and only four replies were received. That is helpful information. She pointed out that metal roofs are not typically seen in Saratoga and asked why it is proposed here. Planner Deborah Ungo-McCormick said that issues of bulk and mass are evaluated while specific materials typically are not. She said that she was initially concerned about use of metal roofing but given the location it is not an inappropriate choice and it is not visible from the street. • Page 12 Planning Commission Minutes for September 14, 2005 Chair Nagpal opened the Public Hearing for Agenda Item No. 3. Mr, David Wilson, Project Designer. Explained their process for developing thlS Site W11',h ITlllll(1'12~ Il>'1p8CtS Oh the eXlShll9 yak trees. Stated that there is one footprint available to them in order to preserve these trees. Said that this is a contemporary design for Brian and Lauren Lee. . .Reported that they have always assumed that the proposed Lot Line Adjustment would be necessary. If not, the site would require removal of nice trees or a Variance on existing setback requirements. Described the home as consisting of stucco clad pavilions with side and metal roofing materlai. Stated that they had been unaware of any impacts on the Wertz property but they are willing to add landscaping screening to mitigate those impacts. Said he was available for any questions. Commissioner Hunter asked Mr. David Wilson about developing near Wildcat Creek. Mr. David Wilson said that they would be 50 feet away from the creek and are not worried about it. There is an existing swale and two additional catch basins with eight-inch pipes are proposed for site drainage. These requirements will be confirmed by the project Civil Engineer prior to construction. Commissioner Rodgers questioned the roof metal coloring. Mr. David Wilson said that they are flexible on which of the three presented metal roofing samples they are willing to use. Commissioner Rodgers asked Mr. David Wilson if he knows the reflectivity value of the three options of metal roofing material Mr. David Wilson replied not right now but he could obtain that information at a later date. Commissioner Rodgers suggested that the metal used be as dull as possible. She also questioned the inclusion of a security gate at the top of the driveway. Mr. David Wilson reported that the gate at the top of the driveway requires inclusion of a Fire Department issued lock box. Commissioner Rodgers asked Mr. David Wilson for the rationale behind including such a security gate that would block view of this house from the street. Mr. David Wilson reminded that there is no view of this house from the street but added that the requirement for this gate came from the Fire Department. He complimented the Commission for its practice of visiting project sites as a group the day prior to the public hearing. This is s a practice other cities should emulate. • • Page 13 Planning Commission Minutes for September 14, 2005 Mr. Richard Wertz: Stated that most issues have been covered. Reported that he just found out about this hearing this week. Said that he has lived above thlS site fo[ the last 10 years and WamBd that a flood p~aln goes through this property. Expressed concern about site drainage as the area does flood. Commissioner Hunter asked Mr. Richard Wertz whether he desires landscaping screening. Mr. Richard Wertz replied yes. His is the closest property facing the back of this proposed new home. It would be nice to be able to maintain privacy from his lot. Commissioner Rodgers asked Mr. Wertz if his property is located to the north of the project site. Mr. Richard Wertz replied yes. Mr. Paul Germeraad, 14606 Horseshoe Court, Saratoga: Said that he is a neighbor and has had no chance to see the proposed plans. Pointed out that this neighborhood is a single-story ranch style neighborhood with no fences and no gates. Said he is concerned about this two-story even though it is not within view from the street. Expressed concern that it could set a precedent for the area. Reminded that there are CC&Rs for this area. Urged the Commission to reject this application. Mr. David Wilson: Reminded that this is a very unusual lot. Said that if forced to use the existing lot line, they would be forced to remove a beautiful element from this parcel, the Oak trees in order to build a home on the property. Said that this request is a down zoning. Pointed out that the home proposed falls within height limitations and that only a small portion of the home would actually be at the maximum height of 26 feet. Said that this project conforms to the spirit of the land and the area and would have a minimal impact. They will mitigate any impacts. Chair Nagpal closed the Public Hearing for Agenda Item No. 3. Commissioner Uhl asked staff about the noticing for this item. Director John Livingstone replied that it is a 10-day notice. Commissioner Uhl: Said that staff might want to do an earlier public notice mailing. Said that this looks like a great project that has been well thought through and with a lot of time spent upon it. • ~ Page 14 Planning Commission Minutes for September 14, 2005 Supported the concept. of preserving the Oak trees by use of a Lot Line Adjustment. Stated that the proposed architecture is both unique and interesting. Opined that this represents a special situation and he fully supports this request. Commissioner Kundtr: Agreed that this is a very creative solution to a very complex problem. Said that there are not a lot of two-story homes in the Horseshoe area; however, this site is a depressed bowl lot that helps mitigate the impacts of a two-story home on the area. Recommended approval and wished the applicant well through the Council process. Commissioner Rodgers: Said that this is a difficult lot that requires a creative design to preserve its trees. Reminded that the new home would not be visible from Horseshoe Court. Stated that this lot is adjacent to other large lots. Recommended adding conditions to: o Require the restriction of construction parking to on-site. o Provide natural landscape screening for the neighbor to the north. o Retum to the Fire Department for a discussion on the requirement and/or necessity for a security gate. If not required that gate should be eliminated from the proposal. Commissioner Hunter: Reminded that this area has two remarkable two-story historic homes. Agreed that this is a very interesting architectural design. Urged the use of the darker roof material. Stated that the proposed gate is uncalled for in this area. Supported the requirement for screening for the neighbors. Pointed out that a colony of woodpeckers resides on the property. It is extraordinary. She saw six to eight during the site visit yesterday. Urged the property owners to enjoy observing these woodpeckers on their property with their children. Commissioner Kundtz joked that having these woodpeckers residing on site offers an argument for not going with a wood roofing material. Commissioner Hunter said that she would support this project. Commissioner Cappello: Agreed that the Lot Line Adjustment is appropriate in this case as a means to save trees. Stated that the applicant did an outstanding job minimizing impacts on the neighbors. Supported the suggestion to go with as dark a roof as is possible. Disagreed that this would be the only two-story in the area given that one of the historic houses nearby is also a two-story. Cautioned that the Commission might not approve the next proposed two-story for this area if it is not appropriate. In this particular case, he is not concerned with this home being two-stories. Supported the provision of additional screening for the Wertz property. Planning Commission Minutes for September 14, 2005 Stated that everyone has done a great job, including Planning staff. Page 15 Chair Nagpal: • Agreed with Commissioner Cappello. • Said that while she is not excited about amendments to the General Plan, she can support one in this case as it supports a better project. • Agreed that no precedent would be established with this approval. • Stated that she struggled with the proposed metal roofing material and supports the darker color. Said that she too does not support the security gate and does support additional screening landscaping. Suggested one of the Commissioners offer a motion. Planner Deborah Ungo-McCormick suggested that the Commission .handle this project through three motions. One motion is for the General Plan Amendment, the second motion is for the Zone Change and the third motion is for the Design Review Approval. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission recommended approval of a General Plan Amendment from Low Density Residential to Very Low Density Residential for property located at 14574 Horseshoe Court, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Uhl NOES: None ABSENT: Schallop ABSTAIN: None Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission recomm located patr 14574 Horseshoe from R-1-20,000 to R-1-40,000 for property Court, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Uhl NOES: None ABSENT: Schallop ABSTAIN: None Motion: Upon motion of Commissioner Rodgers, seconded by Chair Nagpal, the Planning Commission granted Design Review Approval to construct atwo- story, single-family residence, garage and secondary dwelling unit on property located at 14574 Horseshoe Court, with the added conditions: • The applicant shall submit a revised plan to the Community Development Director with the darker roofing material that has a minimum reflectivity; • The applicant is required to landscape screening at the corner of the lot .near the Wertz property; Page 16 Planning Commission Minutes for September 14, 2005 The Community Development Director is to check with the Fire Department to determine if the security gate is required for this location and, if not, to eliminate that gate from the proposal; by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Uhl NOES: None ABSENT: Schallop ABSTAIN: None k!f PUBLIC HEARING - ITEM'NO.4 Commissioner Hunter advised that she resides within noticing distance and would have to recuse herself from this application. She left the dais. APPLICATION #05-204 (517-13-033) - ROBERSON, 16208 Cuvillv Way: -The applicant requests Design Review Approval to construct aone-story single-family residence and a second dwelling unit on a vacant lot. The total floor area of the proposed residence and attached garage is 6029 square feet. A 591 square foot second dwelling unit is proposed. The maximum height of the proposed residence is 23 feet. The maximum height of .the second dwelling unit is 17 feet. The gross lot size is 42,166 square feet and the site is zoned R-1 40,000. (SUZ4NNE THOMAS) Planning Intem Suzanne Thomas presented the staff report as follows: Advised that the Applicant is seeking Design Review Approval to allow the construction of anew-single-story single-family residence with attached garage and a secondary dwelling unit. Described the new home as consisting of 6,600 square feet with a maximum height of 23 feet. The parcel is .93 acres. Pointed out that color renderings have been posted behind the Commissioners. Said that the proposed second dwelling unit and parking provided meets Code. Explained that existing Walnut trees on site has been rated as being in bad to fair condition. Removal of all but one is recommended. Redwoods, Coast Live Oaks and ornamental trees would be planted. Described materials as including stucco, stone accents and clay roof the in earth tone colors. Copper gutter accents are proposed. Reported that the neighbors have been shown the plans and no negative responses were received. Supportive responses from all but two neighbors were received. Said that this project is consistent and recommended approval. Commissioner Rodgers asked if there is a security gate. Planner Suzanne Thomas replied no. There is a requirement from Fire-that if there were to be a gate, it could not be less than 14 feet wide. However, no such gate is proposed. Commissioner Uhl asked if all neighbors were notified. SARATOGA CITY COUNCIL T MEETING DATE: October 19, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~ PREPARED BY: Lorie Tinfow DEPT HEAD, ~ Lorie Tinfow, Asst. ity Mgr. SUBJECT: Saratoga Library Project Construction Summary Report RECOMMENDED ACTION(S): Accept report and authorize expenditure of an additional $10,000 for tasks identified in this report. REPORT SUMMARY: Total Library Bond Funds ~..- Voters approved a $15.million bond in March 2000 to generate funds for expansion and renovation of the Sazatoga Library. Bonds were sold and project activities began in FY 2000-O1. In addition, the funds generated by the bond sale were deposited into an interest earning account through the Local Agency Investment Fund (LATE) until needed. Total project funds available were $15 million plus interest, which amounted to $472,457 as of the most recent quarterly report. All library funds can only be used for library improvements that have a life of at least one yeaz. Construction Project Budget Status Construction activities related to the Sazatoga Library are complete with the exception of receiving the air balancing report. (This report is expected by Oct. 20.) Total construction related costs aze $14,791,056-this number reflects all actual costs. Two incomplete tasks with associated costs follow: unbilled attorney's fees for August/September/October 2005 (estimated at $300) and costs associated with installing the catch basin located neaz the Library driveway (estimated at $18,000). Library Commission Work List In 2003, the Library Commission was assigned by the City Council to make recommendations for use of remaining library bond funds. The Commission developed a list of finish work and Council allocated a total of $60,000 towazd completion of the tasks. Most of the work is complete and as of October 13, 2005, $59,085 had been spent. Fund Summary The table below re resents the status of all committed funds related to the libr $15 000,000 ~' Total Bond Funds Available Construction pro'ect Ex enditures Remainin Bond Funds $14,791,056 = $208 944 Interest Earned as of most recent uarterl re ort $4'12,45'1 Lib Commission Work List Bud et $59,085 Estimated additional costs catch basin & attotne fees ($18,300 Balance Remainin $604 016 Use of Remaining Library Funds In 2003, staff recognized that construction was likely to be completed without using all available funds. A committee comprised of staff, Council members and community members met to discuss the use of remaining library funds. An opinion on fund use was requested from the original bond counsel Brian Quint of Quint & Thitnmig. Mr. Quint responded that any remaining funds could be used for further improvements to the library (see Attachment A). The committee invited Mr. Quint to attend a meeting to answer further questions. At that time he clarified that the funds could be used for capital improvements to the library with a life longer than one yeaz but not for maintenance; noted a yield limitation of 5.22% meaning library funds cannot earn more than 5.22% in interest; and recommended keeping the funds available for use rather than locking them up in a long term investment. Ultimately, Council assigned responsibility for recommending the use of funds to the Library ~,, Commission and directed staff to prepaze a capital improvement plan for the Saratoga Library. Capital Improvements. As Council directed, staff developed a list of expected library improvements likely to be needed over the course of the building's life including cost estimates. Working with staff from the Facilities Division and Public Works Department and assuming a 30-yeaz building life, I developed the following cost estimate: ^ Roof: Under warranty for first 20 yeazs; replacement thereafter.-,--•--------------------------$200,000 ^ HVAC System: expected to last for the 30 yeaz life of building, however HVAC components may fail or need upgrading: o Compressor replacement (3 units)--each unit may fail once in system life,----------$30,000 o Boiler-first one may last 10 years then may need replacement every 5---------------$20,000 o Controls software is likely to need upgrading every 10 years---------------------------------$30,000 ^ Irrigation system update every S yeazs---_ ...............................................°------....------•----- $24,000 ^ Electrical system is designed to last for the life of the building; however cleaning and inspecting the ten panels is recommended every Syears ........................................$12,000 ^ Exterior signage weathers; replacement of sign at entrance is likely at 15 yeazs---.-----.- $8,500 ^ Automatic doors last 20 years.----••------•------•-- - -••-----------•------••------•----••---------------------------•--$8,000 ^ Pazking lot: slurry seal every 5 years and overlay at 15 years ...................................... 30 700 Total Needed over 30 Yeats-------------------------------------------•------•------•-----...----•-•--------•-------••-----• $363,200 ~~ Costs were then adjusted for inflation at the average annual CPI-W of the past ten yeazs (4.57%). Improvements implemented according to the schedule described above produce an adjusted total the expect0ed $363,200 needed for the plan buts of enoughtuc over the costs plus nflation ver Inflation could be offset by the growth in remaining funds as they continue to earn interest. The average LAIF annual interest rate over the past ten yeazs has been 4.3755% and if the remaining funds were invested, would produce a more than sufficient amount to cover the improvement costs and leave a substantial remainder at the end of 30 years. This final amount could be used to make the final bond payment or for other library related purposes. However, cities are precluded from engaging in arbitrage-the process of borrowing money at a specific interest rate and investing it at a higher one to achieve a net profit. Our yield limitation is 5.22%; as long as the funds earn no more than that annual percent, the City can invest the funds and continue earning interest. The Administrative Services Director must monitor the fund on a regular basis to ensure arbitrage does not occur. Conclusions o The Sazatoga Library Construction Project was completed with a balance of more than $200,000 remaining. o Adding the accrued interest and subtracting the budget for tasks on the Library Commission Working List brings the total estimated funds available for future library use as of October 2005 to just over $620,000. o Assuming the City invests the unused funds and that interest rates and CPI-W track at the 10-yeaz averages, funding will be available for the expected capital improvements needed over the 30-yeaz building life as well as produce a substantial remainder of funds at the end of the 30 yeazs. Citizen's Oversight Committee As long as unspent bond funds continue to exist, a Citizen's Oversight Committee is required. The COC continues to meet annually in May. Request for Additional Funds Staff requests an additional $10,000-$6,000 to install a monument sign at the corner of Saratoga Ave. and Fruitvale Ave. ($8,500 minus a contribution of $2,500 specifically for the sign from cell antenna installer) plus $4000 for other small miscellaneous tasks such as lighting adjustments. FISCAL IMPACTS: Included in the report. CONSEQUENCES OF NOT FOLLOWING RECOMIVIENDED ACTION(S): No additional work described in the report will be completed. J ALTERNATIVE ACTION(S): Choose to provide no additional funds for the sign and/or other needs at this time. FOLLOW UP ACTION(S): Staff will convey any further Council direction to the Library Commission. The City's facilities management staff has assumed responsibility for managing the remaining library funds in conjunction with recommendations from the Library Commission. ADVERTISING, NOTICING AND PUBLIC CONTACT: A copy of this report was provided to the Citizen's Oversight Committee and to the Library Commission. ATTACHMENTS: ^ Attachment A: Copy of correspondence from Quint & Thimmig L One Embazcadero Center, Suite 2420 • San Francisco, CA 941113737 Quint ~ Thimmig ~ Telephone: 415/765-1550 Attorneys at Law Telempier. 415/765-1555 Mazch 21, 2003 Ms. Lorie Tinfow Assistant City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Use of Library Bond Proceeds Dear Ms. Tinfow: You have asked for our opinion with respect to the use of excess general obligation bond proceeds for re-roofing, for re-staining of building exteriors and for installation of catch basins to address drainage problems, all related to the library. While the specific language of the bond proposition was for bond proceeds to be used `, "to improve, renovate, and expand the Saratoga Community Library in its current location by providing space for more books; ensuring modern earthquake standards; improving access to fire exits; updating electrical wiring for computers; providing adequate seating; updating inadequate lighting; and providing additional space for children's reading areas," it is our opinion that the phrase "to improve, renovate, and expand" provides sufficient authorization to use the remaining moneys for the additional identified uses, particularly since the original library project was completed as planned. Hopefully the foregoing has been responsive to your inquiry. If you have additional questions, please feel free to contact us Respectfully submitted, ~ ~ ~o ~~ `~.~ SARATOGA CITY COUNCIL G DATE• October 19, 2005 MEETIN AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: O~~ ~~ - PREPARED BY: Lorie Tinfow, Asst. Citv Mar. DEPT HEA Lorie Tinfow SUBJECT: Activity Summary of Village Facade Improvement Program RECOMMENDED ACTION(S): None; informational only. REPORT SUMMARY: In Apri12004, Council approved the creation of a new Village Facade Improvement Program aimed ~ at enhancing the Village's appeazance. A total of $50,000 was programmed in the capital improvement program to provide a matching grant source of funds for up to $5,000 per applicant. The following 15 pazticipants were awarded grants ranging from $765 to $5,000: ^ Aegis Gallery Building, 14531 Big Basin Way ^ Bella Saratoga, 14503 Big Basin Way ^ Cali Investments, 14510 Big Basin Way ^ Clef House Center, 14471 Big Basin Way ^ Echo Shop, 14477 Big Basin Way ^ Flobell, 14519 Big Basin Way ^ French Tailor, 14577 Big Basin Way ^ Goldsmith/Gemologist, 14519 Big Basin Way ^ Judge Foster Building, 14510-14540 Big Basin Way ^ Paperfunalia, Little Amsterdam, L'Avinger Spa, Benson's Antiques (all housed in one building) ^ Plumed Horse, 14555 Big Basin Way ^ Rick Rathra Enterprises, 14480 & 14482 Big Basin Way ^ Skin Prophecy, 14531 Big Basin Way ^ Uncorked!, 14500 Big Basin Way ^ Viaggios, 14550 Big Basin Way The total awarded was $43,760.01 for improvements such as new awnings, paint, deck work, gutter upgrades, new signage, door replacement, flower boxes and the like. These funds were required to be matched dollaz-for-dollaz by property owners and in some cases were part of a much larger investment in a property by its owner. The program was hugely successful in improving the appeazance of the Village. Many Village property owners expressed appreciation for the City's support of the business community and ~- investment in the Village. program participants were asked to submit before and after photos of their projects. Copies of some of the photos aze attached. FISCAL IMPACTS: Of the $50,000 budgeted, $43,760.01 was awarded. A balance of $6,239.99 remains in the Capital Improvement Program. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/a ALTERNATIVE ACTION(S): N/a FOLLOW UP ACTION(S): None; informational only. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Copies of before and after photos for selected projects. ...~ 2of2 Charles Stauss 14531 Big Basin Way Saratoga, CA 95070 September 1, 2005 BEFORE PAINTNG PROJECT Charles Stauss 14531 Big Basin Way Saratoga, CA 95070 September 25, 2005 AFTER PAINTNG PROJECT 4 ''~~ ~. ~- .j~ '! r Stephen Michael Howard Goldsmith - C,emologist 14519 Big Basin Way AFTER Pictures, May `OS Stephen Nfichael Howard Goldsmith - Gemologist 14519 Big Basin Way BEFORE Pictures, April `OS 0,2 r-, ~~ . ~~, o~ -~~-n~~~~~~N way ~~'~ ~? d~ ~~ ~ ~~-. ', ~€l~lci'9~~~ ~TG~ ~K ~.++~'r-~ift~`~-`,~~te~~ls-`t~`(~~ t~'~~-' "~. 1 `~ccc-1- ~*, 1`-=~v C''~~S-~~~n"1 ~L.V~i iL~~"••, S c-K-dt-"14c~`~iLC%~t~~h 1~1-t~x e+Lt,~ E ~'C~~T~Gi~L~-1 N~ NCH ~ ' 1 ~-'L~l N ~ '~I~~ T ~.)va i~ ~?f1+.tEL1-.~ ni c,, `P~i N ~ ~'1t cz~ h-N lU `~ u C' ~aNT C ~E~~h ~.t~'G't~-~Gi ~iv~T~pr~1'«oN~L ~' N ~~vFl ~'C~ A ~"v5'SZYI'1 PnQ +~%~ ~ C, . ,~1~~P -~ i Tv ccc ~t~ `Tl-t~ 1~=--~ r r~4, S ~~l ~~, ~~~fi~fi% c~M~C~'~-'e SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 ORIGINATING DEPT: Community Development PREPARED BY: Christy Oosterhous RECOMMENDED ACTION: AGENDA ITEM: CITY MANAGER; DEPT HEAD: Staff recommends the City Council approve the attached Resolution of Initiation of Annexation REPORT SUMMARY: The applicant's property is located within both the City of Sazatoga and the County of Santa ~ Claza. The total lot size is approximately three acres of which 5,306 squaze feet are in the County. As part of a proposed subdivision application that is being reviewed by the Planning Commission on October 26, 2005, the County is requesting that the small portion of the lot remaining in the County be annexed to the City. The property owner is proposing to annex the portion of County land into the City of Sazatoga so that the entire parcel falls under the jurisdiction of the City of Sazatoga. The annexation is for property from the centerline of San Tomas Aquino Creek to the edge of the County right-of--way. The annexation consists of approximately 5,306 squaze feet. The azea proposed to be annexed qualifies as uninhabited and has no improvements. The property to be annexed conforms with the applicable land use and density criteria contained in the City's zoning and general plan (Residential Hillside Conservation and Hillside Residential) because the parcel will be used as open space (and most of it will be subject to a conservation easement in favor of the City) which is allowed in the residential hillside azeas. In addition, the use of the property as open space promotes the goals of the General Plan by: (1) providing a riparian habitat area .for the protection of the sycamore trees and creek azea; and (2) by dedicating a pedestrian trail. The property, based on the conservation easement placed on it, will not be developed. DISCUSSION: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides ~. that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City's urban service azea. (Government Code § 56757) The SUBJECT: Annexation of an approximately 5,306 squaze foot portion of APN 510-06-006 located at 19330 Saratoga-Los Gatos Road. The gross lot size of this pazcel is approximately 3 acres the majority of which is located in the City of Saratoga. Act requires, however, that the City follow the procedures used by LAFCO to the extent practicable. (See Government Code § 56757.) The Act establishes athree-part process for annexations: (1) Initiation of Annexation (see Gov't Code §§ 57000(a) and 56650 et seq.); (2) Protest Proceedings (see Gov't Code 57000 et seq.) which may be waived by the City Council; and (3) Approval of Annexation (see Gov't Code § 56757). The Santa Claza County Planning Department and County Counsel, upon review of the tentative map application for the property owned by Diane and Steven Spitts located at 19330 Sazatoga- Los Gatos Road, APN 510-06-006, recommended that the Spitts initiate annexation for the portion of the property remaining in the County jurisdiction and within the City's Urban Service Area ("U.S.A."). The property to be annexed is hereinafter referred to as "the Territory." The Territory proposed to be annexed is approximately 5,306 square feet. The Applicant has requested that the City initiate this annexation prior to the tentative map application being reviewed and considered by the Planning Commission because in Santa Clara County the City Council is the "conducting authority" for approval of annexations within the City's U.S.A., and this annexation was recommended by the County as part of the tentative map process. The annexation will clarify a boundary issue between the City and the County. Under the City's Annexation Process and the LAFCO statutes, this annexation will not be reviewed by LAFCO, or require notice, hearing or an election because the annexation is being made by a petition with 100% consent of the land owners or being initiated by the City. Initiation of Annexation 1. Preparation of Supporting Documents. The Act and other state laws require annexation proponents to prepare a number of documents as part of the annexation process. The documents fall in three categories: a service plan, LAFCO materials, and the California Environmental Quality Act materials. These aze described below. A. Service Plan. Government Code sections 56653 and 56700 requires that all annexations begin with a proposed service plan for the area to be annexed. The plan must include the following components: i. A description of the land to be annexed; ii. A list of the organizational changes proposed; (See attached List of Services Report) iii. The reasons for the proposal; iv. A listing and description of the services to be provided to the annexed lands together with a discussion of the level and range of services to be offered; (See attached List of Services Report) v. An indication of when the services listed can feasibly be extended to the annexed lands; (See attached List of Services Report) vi. An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands; No inhabited territory or functioning roadway will be annexed as part of this proposal and all other services will be consistent with the current conditions. - 2 of 7 vii. Information on how the services to be provided would be financed. (See ~- attached List of Services Report) B. LAFCO Materials. Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. (See Government Code Section 56757(c).) The formal findings need not be made until the end of the process. Where the proper documentation has been provided it is attached to this Staff Report. The City will be required to make the following findings. Each finding is followed by a brief description of the process staff will use to develop the information available. That the unincorporated territory is within the urban service azea of the city as adopted by the commission. Staff'' has confirmed that this is the case for the affected properties. ii. That the county surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO's road annexation policies. The City has provided a map. iii. That the proposal does not split lines of assessment or ownership. The annexation of a portion of the Spitts property will clear up boundary issues and concerns between the two agencies. ~ iv. That the proposal does not create islands or azeas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of services will remain the same. Because of the unique situation, that the City of Saratoga service contractors are the same as those of the County, annexation will reduce impacts of providing services. v. That the proposal is consistent with the adopted general plan of the city. The land use designation for the lands to be annexed is RHC (Residential Hillside Conservation). This is consistent with the existing uses and reasonably foreseeable future uses of the lands to be annexed. The land has been prezoned Hillside Residential which is consistent with the General Plan designation and the surrounding zoning. The General Plan provides that [ands in the hillsides should be considered for annexation if they meet the following General Plan Policies: LU.1.0 Lands shall not be annexed to Saratoga unless they are contiguous to the existing City Limits and it is determined by the City that public services can be provided without unrecoverable cost to the City and dilution of services to existing residents. , `..~ LU.1.1 (Imp) 3 of 7 Annexation proposals shall be carefully studied to determine their ~ economic and urban service impacts to the City. The proposal is consistent with the City General Plan because the Territory will be used as open space (most pursuant to a Conservation Easement) which is allowed in the residential hillside areas and will nOt be allowed to be developed with a residence of any kind. In addition, the use of the Territory as open space promotes the goals of the general plan by: (a) Preserving a riparian habitat area for the protection of the sycamore trees and the creek area; and (b) Dedicating a pedestrian trial. vi. That the territory is contiguous to existing city limits. Staff has confirmed this fact. vii. That the city has complied with all conditions imposed by the LAFCO for inclusion of the territory in the urban service area of the city. The properties have been determined to be already in the City of Saratoga's Urban Service Area. Annexation Aaoroval If the City Council elects to proceed with annexation proceedings, because the annexation is initiated by a request (application) for annexation by residents or by City request and there is 100% consent of the annexation proposal, the City prepazes an Initiation of Annexation to be reviewed by the City Council. (See Government Code Section 56663(a)). A public hearing is not necessary and the City Council may consider the Initiation of Annexation as a routine agenda item at a regular meeting and may waive protest proceedings. (Government Code Section 56663(a)). The City Council is required to make the findings pursuant to Government Code Section 56757 prior to adopting the resolution approving annexation. After the resolution is adopted a certified copy of the resolution and paperwork is submitted to LAFCO. Government Code sections suuaortin¢ the City's Annexation Process: Government Code Section 56757 specifically governs reorganizations conducted in Santa Clara County and states as follows: (a) The commission (Local Agency Formation Commission, "LAFCO") shall not review a reorganization that includes an annexation to any City in Santa Claza County of an unincorporated territory that is within the urban service azea of the city if the reorganization is initiated by resolution of the legislative body of the city. (b) The city council shall be the conducting authority for the reorganization and the proceedings for the reorganization shall be initiated and conducted as '` nearly as may be practicable in accordance with part 4 (commencing with section 57000). 4of7 (c) The city council, in adopting the resolution approving the reorganization ~ - shall make all of the findings set forth above under the heading "LAFCO Materials." (d) All reorganizations which involve territory for which the land use designation in the general plan of the city has changed from the time that the urban service azea of the city was last adopted by the commission, and which are processed by a city pursuant to this section shall be subject to an appeal to the commission upon submission of a petition of appeal, signed by at least 50 registered voters in the county. Here the land use designation has not changed. (e) An appeal to the commission may also be made by submission of a resolution of appeal adopted by the legislative body of a special district solely for the purpose of determining whether some or all of the territory contained in the reorganization proposal should also be annexed or detached from that special district. (f) Any petition submitted under subdivision (d) or resolution submitted under subdivision (e) shall be submitted to the executive officer within 15 days of the adoption by the city council of the resolution approving the annexation. The executive officer shall schedule the hearing for the next regular meeting of the commission as is practicable. The commission may set a reasonable appeal fee. `... California Environmental Ouality Act Annexations aze projects subject to the environmental review requirements of the California Environmental Quality Act ("CEQA"). Staff has determined that the annexation would be exempt from CEQA review pursuant to Section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they include only existing structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive or they include only annexations of individual parcels that do not exceed the minimum size for facilities exempted by Section 15303 (that section limits exemptions to up to three single-family residences in an urbanized area). Staff has determined that findings can be made to support the Categorical Exemption of the proposed annexation of 5,306 squaze feet into the City of Sazatoga in that the annexation is for less than three single-family residences in an urbanized azea. There is no subdivision potential and the property to be annexed will be part of a conservation easementlopen space area that will not be developed. Because the City does not provide utility services, the annexation does not involve or change the standards for extension of utility services to the parcels proposed for annexation. Overall the annexation of the property in question to the City of Sazatoga will have a beneficial environmental impact to the azea. FISCAL IMPACTS: `.. No impact. Sof7 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There will be no annexation. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation and provide staff with direction. FOLLOW UP ACTION: At the direction of Council, Staff will proceed with the Annexation Approval procedure. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice is not required for the initiation of this annexation and none has been given. Notice is likewise not required for approval of this annexation and will not be given absent the direction of Council. If the Council directs that notice be given for future agenda item to consider approval of the annexation, this notice will be completed by staff using a 500-foot radius, consistent with the City's normal noticing requirements, of the proposed annexed properties. ATTACHMENTS: 1. Resolution approving Initiation of the Annexation 2. List of Services Report 3. Map 6 of 7 ATTACHMENT 1 RESOLUTION NO.OS- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION OF PORTIONS OF A PROPERTY LOCATED AT 19330 SARATOGA-LOS GATOS ROAD WHEREAS, the City Council is considering the annexation of 5,306 squaze feet from 19330 Saratoga-Los Gatos Road, APN 510-06-006, respectively, contiguous to the City of Sazatoga in order to provide for clarification of boundaries and to apply the terms of the City General Plan and City Code; and WHEREAS, the City of Sazatoga City Council has determined the project to be exempt from the California Environmental Quality Act ("CEQA'~ pursuant to Section 15319 of the CEQA Guidelines; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Sazatoga is the conducting authority for the annexation; and ~ WHEREAS, the portions of the proposed properties to be annexed on Sazatoga-Los Gatos Road are in the City of Sazatoga's Urban Service Area and Sphere of Influence and aze Prezoned Hillside Residential; and WHEREAS, the proposed annexation is consistent with the West Valley Hillsides Preservation Strategies, Strategy #2, Action 1 and 2; and WHEREAS, there is one hundred percent (100%) owner consent for the annexation proceedings, no notice, public hearing or election will be required for annexation approval by the City; and WHEREAS, the City has consulted with the Santa Claza County Registraz of Voters and determined that said territory is considered uninhabited for the purposes of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation of portions of the territory lrnown as Assessor's Pazcel Numbers 510-06-006 on Sazatoga-Los Gatos Road, respectively, to the City at a meeting to approve annexation on November _, 2005. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 19`h day of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kathleen King, Mayor Cathleen Boyer, City Clerk ATTACHMENT 2 List of Services Report ~... Districts Sazatoga Union Elementary School Los Gatos Union High School West Valley Community College Saratoga Cemetery Guadalupe -Coyote Resource Conservation Bay Area Air Quality Management Mid-Peninsula Regional Open Space West Valley Sanitation Santa Claza Valley County Water Santa Claza County Zone NC-1 County Water Santa Claza County Importation Water-Miscellaneous Central Fire Protection Santa Clara Valley-Zone W-4 County Water Area No. Ol Librazy Benefit Assessment County Service Area No. Ol Library Services County Services Santa Claza County Vector Control NO CHANGE TO DISTRICTS Services Street Sweeoine Santa Claza County provides no regulaz street sweeping. INCREASE IN SERVICE The City of Sazatoga has a contract with Los Altos Gazbage to sweep residential streets once a month. Law Enforcement The City of Saratoga has a contract with the Santa Claza INCREASE IN SERVICE County Sheriffs Department that provides two patrol cars to the City. The County has only one caz for this area and it also has to respond to the Los Gatos Mountains. Santa Claza Valley Transportation Authority NO CHANGE ~.. _, SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 AGENDA ITEM: ~y ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~ ~`'~~ PREPARED BY: Lorie Tinfow. Assist. Citv Mer. DEPT HEA "ti Lorie Tin ow SUBJECT: Changes to Staff Classifications and Salary Survey Policy RECOMMENDED ACTIONS: Staff recommends that Council approve the attached list of staff positions with FTE changes, and establish a new policy of conducting salary surveys and implementing new salary ranges administratively every two yeazs starting in 2005-06. REPORT SUMMARY: ~... Employee retention was identified as an issue during the development of the 2005-06 budget. Approximately 25% of staff left the city during the period July 1, 2004, to June 30, 2005. A number of reasons exist for turnover including Saratoga salaries falling behind those offered in neighboring cities and little opportunity for upward mobility within the organization. To begin to address these two issues, staff recommends Council take two actions-one, adopt a new list of staff positions that includes mid-level management positions to provide opportunities for career growth, and two, conduct and implement salary surveys as an administrative matter on a regulaz basis. In addition, staff is recommending the reclassification of several existing positions as well as a modest increase in FTEs resulting from increasing two .75 FTEs to two 1.0 FTEs. New List of Staff Positions Staff turnover hampers the organization's ability to work effectively since continuity is lost and staff capacity is less than 100%. The attached list of positions includes several new mid-level positions that would provide opportunities for career growth and encourage employees to stay with the City for a longer period of time. The positions would remain unfilled until individual staff members meet the new requirements and appropriate budget action is taken. Proposed positions include the following: ^ Assistant Recreation Director Pazk Superintendent ^ City Engineer Senior Planner ^ Facility Maintenance Superintendent Street Superintendent The list includes several other changes-some that serve aspromotions-that would come back to Council at midyeaz for further action and they follow: ^ Anew classification of "Accountant I/II" would be created and three office specialist positions in the finance division would be reclassified as such; in addition one position would be increased from .75 FfE to l.0 FTE ^ One Facility Maintenance W orker II would be reclassified into a newly CTe3ted pOS1t10Il of Facility Maintenance Worker III ^ One Office Specialist position in Recreation currently filled at .75 FTE would be increased to 1.0 FTE (although the increased costs will be offset by a reduction in part- time, temporary staff) ^ The Recreation Program Coordinator would be reclassified as a Recreation Supervisor ^ Two Street Maintenance Workers would be reclassified, one as a "Street Maintenance Leadworker" and the other as a "Street Maintenance Specialist" For all new classifications, new job descriptions and salary ranges would be developed. Employees in positions that aze reclassified will receive a minimum 5% salary increase. Actual costs associated with the reclassifications will be calculated and brought to Council as part of the midyeaz budget report. Salary Surveys In the past, salary surveys were conducted as part of preparing for labor negotiations and the implementation of new pay ranges was a negotiated matter. Staff recommends that this practice be changed so that salary surveys are conducted every two years and pay range adjustments implemented automatically and administratively. This policy would help keep Sazatoga's salaries competitive with other cities and because of the City's practice of adjusting salary ranges without also adjusting actual employee salaries, result in little additional cost. Such adjustments also benefit long-term employees who are at the top of their range by providing additional salary growth potential. Up-to-date salary ranges make recruiting much easier as well. A salary survey was last conducted in Spring 2004 and new ranges were negotiated with only one bargaining unit. In anticipation of labor negotiations beginning in Spring 2006, staff budgeted funds this yeaz for a new salary survey. FISCAL IMPACTS: Funding for the salary survey is included in the FY 2005-06 budget. ALTERNATIVE ACTIONS: ^ Modify the proposed list of staff positions ^ Modify the proposed policy regarding salary surveys (i.e., conduct annually) FOLLOW UP ACTIONS: Staff will implement Council's direction. 2 _.,-. ~~ `'" ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACIIMENT: ^ List showing current and proposed staff positions and Fri'E count ~..- '"..~° CITY OF SARATOGA JOB RECLASSIFICATIONS 2005-06 J111V1~ la aa~a. CONFIDENTIAL 10 1.0 City Clerk ~ 1 0 ~ 0 Human Resource Manager . Office Specialist III (Payrol]/Benefits) 1.0 0 ` Accountant UII (new) 0 3.0 Executive Assistant to City Manager 1.0 1.0 MANAGEMENT Administrative Service Director 1.0 1.0 Assistant City Manager 1.0 1.0 Community Development Director 1.0 1.0 Public Works Director 1.0 1.0 Recreation Director 1.0 1.0 MISCELLANEOUS 1 0 1.0 Accounting Supervisor . 1 0 1 0 Administrative Analyst I/II . . Assistant Engineer/Associate Engineer 2.0 2.0 Assistant Planner/Associate Planner 4.0 4.0 Assistant Recreation Director (new) 0 0 Building Inspector 3.0 0 1 3.0 1.0 Building Official . 0 0 City Engineer (new) 1 0 1.0 Code Compliance Officer . 60 Facility Coordinator .60 . 0 Facility Maintenance Superintendent (new) 0 Facility Maintenance Supervisor 1.0 1.0 2 0 Facility Maintenance Worker I, II 3.0 . Facility Maintenance Worker III (new) 0 1.0 Information Technology (1T) Analyst 1.0 1.0 • Office Specialist I, II, III 9.25 7.75 Pazk Maintenance Leadworker 1.0 1.0 Pazk Maintenance Supervisor 1.0 1.0 6 0 Park Maintenance Worker I, II, III 6.0 . Park Superintendent (new) 0 0 Plan Examiner/Plan Check Engineer 1.0 1.0 Recreation Program Coordinator 1.0 0.0 0 3 Recreation Supervisor/Senior Recreation Supervisor 2.0 . Senior Planner (new) 0 0 0 1.0 Street Maintenance Leadworker (new) Street Maintenance Specialist (new) 0 1.0 1 0 Street Maintenance Supervisor 1.0 0 5 . 3.0 Street Maintenance Worker I, II, III . 0 Street Superintendent (new) 0 Total Ful/ Time Equiva/ents (F7'Es) 54.85 55.35 `Three Office Specialists in Finance would be reclassified as Accountant I/II; one of which would be increased from .75 to 1.0 FTE. "One Office Specialist position in Recreation would be increased from .75 to 1.0 FTE. AGENDA SPECIAL MEETING CITY FACILITIES TOUR SARATOGA CITY COUNCIL OCTOBER 3, 2005 COMMiJNITY CENTER -MAIN LOBBY TOUR BEGINS -11:30 A.M. TO 12:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on September 27, 2005) • I . SARATOGA CITY COUNCIL TOUR OF CMC CENTER ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. 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, Ann Sullivan, Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the Saratoga City Council was parted on September 28, 2005 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www saratoga.ca.us. Signed this 28`i' day of September at Saratoga, California An ,Deputy City Clerk • AGENDA CITY OF SARATOGA CITY COUNCIL STUDY SESSION OCTOBER 5, 2005 ADULT CARE CENTER -19655 ALLENDALE AVENUE CALL MEETING TO ORDER - 5:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on September 29, 2005) COMMUNICATIONS FROM PUBLIC Oral Communications ou N®n-Aeendized Items ,. __ _~.L......xr.,...~:n tie nni,wod rn addrnss the City Council for up to three (3) Certificate of Posing of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on September 29, 2005 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www saratoQa~o u~£ Signed this 29"' day of September 2005 at Saratoga, California. Cathleen Boyer, CMC, City Clerk • • AGENDA REGULAR MEETING SARATOGA CITY COU1vCIL OCTOBER 5, 2005 CLOSED SESSION- 5:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 5:00 P.M. Conference With Leeal Counsel -Existing Litigation: Jones v. Saratoga et al. Santa Clara County Sup. Court No. 1-03-CV-010545. • Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on September 29, 2005) 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 sta,~' accordingly regarding Oral Communications under Council Direction to Sta, f): . Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions None Council Direction to Staft • Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS 1, Proclamation Declaring the Week of Oct 16-22, 2005 "Teen Read Week" Recommended action: Present proclamation. SPECIAL PRESENTATIONS 2A. Update on Hakone Gardens -Lon Saavedra, Executive Director Recommended action: Informational only. 2B. Update on Saratoga- Monte Sereno Community Foundation -Tracy Enfantino. Recommended action: Informational only. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A. Review, of Check Ressler Recommended action: Approve check rester. 3B, FY 2005-2006 CDBG County/City Contract Recommended action: Adopt resolution authorizing the City Manager to execute a $427,402.28 contract with Santa Clara County for the FY 2005-2006 CDBG program. 3C. Extension of Current Contract For Annual Audit Services with Caporicci & Larson LLP Recommended action: Authorize the City Manager to execute 2-year extension not to exceed $96,490. • 3D. Metro PCS Lease Agreement for Communications Site at the Saratoga Commutty Library Recommended action: Authorize to City Manager to execute a lease agreement and sigh the Memorandum of Agreement with Metro PCS for lease of property at 13650 Saratoga Avenue. PUBLIC HEARINGS 4. Extension of Interim Moratorium on Uses Inconsistent with Prior Design Review Approval Recommended action: Accept public testimony, consider and adopt the extension to the Interim Urgarcy Ordinance. The ordinance prohibits uses that are inconsistent with prior design review approvals and currently expirrs on November22, 2005. The ordinance would extend the term to November 20, 2006. 5. Zoning Text Amendment -Personal Service Businesses in CH-i and CH-2 Zoning Districts Recommended action: Accept public testimony, introduce the Zoning Text Amendment, waive the first • reading, and schedule the item for second reading and adoption on consent calendar. OLD BUSINESS 6. Discussion Regazding the Incorporation of Survey Question(s) in the Upcoming Community Survey Concerning the Sale of City Owned Property Located at 19848 prospect Road Recommended action: Discuss inclusion of survey question(s) in the upcoming Community Survey regazding the sale of the City owned property located at 19848 Prospect Road (North Campus). NEW BUSINESS 7. Request from the Rotary Club of Saratoga to Support the 4°i Annual Mustard Walk and Request for a Monetary Contribution Recommended action: 1. Approve Temporary Use Permit to hold the event February 5, 2006 2. Allow a promotional banner to be placed at the comer of Fruitvale and Saratoga Avenue 3. Adopt budget resolution appropriating funds • 8. Village Tree Lighting Ceremony Recommended action: Accept report and direct staff accordingly. • q. Village Task Force Formation Recommended action: Authorize the creation of the Village Task Force and its proposed composition. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kin¢ Association of Bay Area Government Hakone Foundation Liaison Santa Clara County Cities Association Santa Clara County Emergency Preparedness Council SASCC West Valley Mayors and Managers Association Vice Mavor Norman Kline County Cities Association Leg. Task Force Library Joint Powers Association SCC Cities Association-Joint Economic Development Policy Committee (7EDPC) Valley Transportation Authority PAC Village AdHoc Kevin Moran Park AdHoc • Councilmember Nick Streit Recycling & Waste Reduction Commission of SCC Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Councilmember Aileen Kao Chamber of Commerce County HCD Policy Committee Peninsula Division, League of California Cities Councilmember Ann Waltonsmith KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Saratoga Historic Foundation Sister City Liaison CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT • ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. ` Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.101-35.104 ADA Title II) Certi, ficate 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 September 30, 2005 at the o, fJice of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City s website at www.sarato at; ca.us day of September1005 at Saratoga, California. ;CMC CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 10/19 Regular Meeting -Quarterly Meeting with Planning Commission 11/2 Regulaz Meeting -Joint Meeting with Friends of the Saratoga Libraries 11 /16 Regular Meeting -Joint Meeting with Historic Foundation 12/6 Special Meeting -Council Reorganization 1 y~ Regular Meeting -Joint Meeting with Mt. Winery 12/21 Regular Meeting 1/4 Regular Meeting r~ L SARATOGA CITY COUNCIL MEETING DATE: October 5, 2005 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: DEPT HEAD: Jon h; C erbone PREPARED BY: ppJo~~~hn~ Cherbone lf~"..` ~,Q,,,.R SUBJECT: Capital Improvement Plan (CIP) -Study Session RECOMMENDED ACTION(S): Accept report regazding the CIP and provide direction to staff: REPORT SUMMARY: CIP Process: • The scheduling over time of public improvements is an essential task of a CIP and is based oa a series of priorities according to need, desire, importance, and of the. City's ability to fund the vazious projects. A comprehensive CIP can provide many benefits to the City. The following are a few examples of these benefits: 1. Ensures that public facilities and circulation portions of the general plan aze carried out. 2. Remedies deficiencies in the City's infrastructure. 3. Ensures projects built when they aze needed. 4. Ensures that funds can be provided from a variety of sources in a logical manner over a multi yeaz period. Recommended criteria to consider when making choices on project priorities: o Importance relative to community needs. o Resources available. o Operation and Maintenance Costs. • Some proj ects maybe fully funded over a multi yeaz period. Other projects maybe included but unfunded, awaiting grants and special funding sources not available at the time of the C1P • development. Tn other cases Council may wish to fund design and engineeriro ects thatlaze pre- projects likely to be submitted for competitive grant applications requiring p j approved and for which desigas have been completed. Once direction from City Council on the draft changes to the CIP is received, staff will submit new projects to the Planning Commission for review Of general plan 2ila enV1TONI1811~ approvals. The process will conclude with public hearings and final adoption of the new CIP projects by City Council. CIP Spreadsheet: The adopted CIP contains a total of 49 projects. 44 projects enjoy full or partial funding (partially funded projects aze those that aze funded for engineering studies or grant matches only). This year there aze an additional 13 new CIP projects for City Council's consideration. There aze three main categories of funding: 1) City funds, 2) Grant funds (funds allocated and/or funding source identified), and 3) Other sources (local agency cooperatives, etc.). Attached to this report is the CIP master spreadsheet which lists all adopted CIP projects (1 to 49) and new C1P projects (Nl to N13). Column A lists the estimated project cost. • Column B lists the amount budgeted, which is less than or equal to the estimated project dependent on the level of adopted funding. Columns C thru H lists the funding sources which equals the amount in Column B. Column I lists the project expenditure to date, which in this case is June 30, 2005. Column J lists the project balance which equals Column B -Column I. Column K lists the estimated amount of funds needed to complete the project. Column L lists the amount of funds available for other projects because either the scope of work was reduced or the project was completed and there were excess fends. Column M lists the amount of funds needed to complete a project above the amount originally budgeted for the project. Columns N thru Q lists the estimated expenditure timeline for each project. • 2of3 Fund;ne: 1. Identified Funding Sources for New or Unfunded Projects: Completed Projects/Reduced Scope: 5465,377 • Unobligated (RDA): 162,000 • Tree Fund: 150,000 • Park Development fund: 74,000 • Caltrans (Village Sidewalk): 741.000 Total: $1,592,377 • 2. Funding Requirements for New and Unfunded Projects: • Adopted Unfunded Projects: • Additional Funding Needed: • New Projects: Total: $2,428,000 (Project #'s 21, 29, 31, 45) 30,400 (Project #'s 8 & 34) 1 226 5 0 (Project #'s Nl - N13) $3,684,900 As noted above additional funding for existing or proposed projects falls short by $2,092,523, which will necessitate prioritization of existing, unfunded, and new projects by City Council. FISCAL IMPACTS: Unlrnown at this time. Depends on the final CIP project list. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Subsequent Public Hearings will be held with both the Planning Commission and City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. CIP Project Spreadsheet. 3 of 3 SARATOGA CITY COUNCIL MEETING DATE: October 5, 2005 AGENDA ITEM: ORIGINATING DEPT: C' ana er's Offfce CITY MANAGER: PREPARED BY: DEPT HEAD: a hieen BovPr City Clerk Dave Anderson. City Mana_9e_r SUBJECT: Declaring the Week of October 16-22, 2005 Teee Read Week RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: Sazatoga Librarian Jodie Wiepl:ing will be present to accept the proclamation. 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: Copy of proclamation. CITY OF SARATOGA PROCLAMA'T'ION DECLARING THE WEEK OF OCTOBER 16-22, 2005 TEEN READ WEEK WHEREAS, the ability to read and process information is a basic survival skill in our global information society; and WHEREAS, the reading proficiency of teens has remained stagnant over the last thirty years; and WHEREAS, the number of students who can read but choose not to do so is increasing; and WHEREAS, the most effective way to improve reading skills is to read regularly and often; and WHEREAS, too few teens think reading is a valuable tool for enjoyment and relaxation as well as for schoolwork; and WHEREAS, regular daily reading for the fun of it creates the reading habit for life; and WHEREAS, parents, teachers, librarians, and all concerned adults can serve as role models by reading for fun themselves; WHEREAS, the Saratoga Library has activities planned this very week to encourage teen reading such a book raffles and animation demonstrations NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim and recognize October 16-22, 2005 as TEEN READ WEEK Witnessed our hand and seal of the City of Saratoga on this 5~' day of October 2005. Kathleen M. King, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: 10/05/2005 ORIGINATING DEPT: Admin. Svcs. PREPARED BY: Andrea Young SUBJECT: Check Register for 9/20/2005 RECOMMENDED ACTION: AGENDA ITEM: CITY DEPT HEAD: That the City Council accepts the Check Register for 9/20/2005. REPORT SUMMARY: Braucht The attached Accounts Payable Check Register for 9/20/2005. All checks were released by 9/21/2005. Payroll checks were released on 9/15/2005. T of Checks Date Starting Checks # Ending Check # Total Checks Amount Account Pa able 9/20/2005 100344 100441 96 210,883.47 Pa oll 9/15/2005 31141 31163 22 110,269.59 TOTAL 321,153.06 The prior Check Register for 9/06/2005 ended with check number 100344. Check #100296 was voided and check #100344 was reissued to correct pay amount. FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: and # 001 Fund Descri tion General A/P Total 101,197.84 PR Total 26,724.20 Total 127,922.04 150 Streets & Roads 2,865.90 14,612.69 17,478.59 201 Manor Dr. Landsca a 96.19 - 96.19 204 Quito Li htin 944.24 944.24 205 Azule Li htin 205.57 205.57 206 Sarahills Li htin 327.18 327.18 207 Villa e Li htin 543.19 543.19 209 McCartysville Lsca a 15.80 15.80 210 Tricia Woods Lsca a 17.03 17.03 215 Bonnet W ay Lsca a 318.55 318.55 216 Beaucham s Lsca a 1,742.94 1,742.94 222 Prides X-in Lsca a 43.60 43.60 274 Villa a Com'1 Lsca a 5,230.63 5,230.63 225 Sara Le ends Lsca a 428.34 428.34 227 Cnnin ham /Glas ow Lsca 31.45 31.45 229 Toll ate Lsca a/Li htin 130.17 130.17 231 Horshoe Lsca a/Li htin 297.53 297.53 250 Develo ment Svcs 13,646.23 43,189.69 56,835.92 260 Environmental 9,074.32 4,634.92 13,709.24 290 Recreation 12,938.70 16,817.37 29,756.07 291 Teen Services 1,019.19 2,328.79 3,347.98 292 Facilit O s 100.00 - 100.00 352 Infrastructure 47,255.34 1,961.93 49,217.27 353 Facilit 7,940.00 - 7,940.00 800 De osit A enc Fund 4,473.54 - 4,473.54 TOTAL 210,883.47 110,269.59 321,153.06 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditure Approval List format. .. 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Schmidf`% DEPT. HEAD: SUBJECT: FY 2005 - 2006 CDBG Couuty/City Contract RECOMMENDED ACTION: 1. Adopt a Resolution authorizing the City Manager to execute a $427,402.28 contract with Santa Clara County for the FY 2005-2006 CDBG Program. BACKGROUND: On March 16, 2005, the City Council authorized the submittal of six FY 2004-2005 CDBG funded projects totaling $156,491.00. At the beginning of each fiscal year, the County requests that cities receiving funds through the "Urban County Program" enter into a contract regazding 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 progams and any "carry-over" of prior yeaz'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 eazly fall. In addition, the program yeaz does not officially closeout until mid-summer when the County and each city detemune what carry-over funds aze available for each project. This contract is similaz in content to prior County/City Contracts, which have been reviewed by the City Attorney. FISCAL IMPACT: If the City signs the County/City CDBG Contract, then the City becomes eligible to receive a new allocation of $156,491.00 in CDBG funds. In addition, the City will have access to unexpended funds in the amount of $270,911.28 from prior fiscal years for eligible FY 2005- 2006 CDBG activities. ALTERNATIVE ACTION: If the City does not sign the County/City Contract, this would jeopardize the City's receipt of FY 2005-2006 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: Forwazd four signed copies of the County/City contract to Santa Clara County. ._ ATTACHMENTS: 1. Resolution 2. FY 2005-2006 CountylCity Contract ..i RESOLUTION NO. A RESOLUTION OF THE C1T1' COUNCIL OF THE CITY OF SARATOGA AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2005-2006 COMMMIJNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the County has agreed to the use by the City, as sub-recipient, of a portion of County's CDBG Entitlement Program funds for a housing program 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 Sazatoga City Council on March 16, 2005 approved the expenditure of $156,491.00 in CDBG funds for fiscal yeaz 2005-2006 for the following projects: SASCC -Adult Day Care Program $36,681.00 City of Sazatoga -City Hall -Automatic Doors $11,000.00 Hakone Foundation - ADA Improvements per Lease Agreement $50,000.00 City of Saratoga- ADA Improvements at McWilliams House $23,810.00 County of Santa Clara -County Rehabilitation Assistance $20,000.00 City of Sazatoga -Program Administration $15,000.00 ~.. New CDBG 2005-2006 funded projects: $156,491.00 WHEREAS, the City Council approves the expenditure of cony-over CDBG funds for the following projects: ADA Hakone Gazdens (SA-03-41) $41,049.51.00 SASCC -Automatic Doors $2,689.00 SHARP Revolving Housing Rehabilitation Program (SA-04-51) $82,020.77 Hakone Foundation - ADA Improvements (SA-04-41) $50,000.00 Hakone Foundation - ADA Improvements (SA-05-41) $50,000.00 SHARP Revolving Housing Rehabilitation Program (SA-OS-51) $41,152.00 SA-Senior Coor Council-Bldg. Storage (SA05-54) $2~~•~ SA-Senior Coor Council-Bldg. Storage (SA05-55) $2,000.00 Total cony-over of funded projects from prior years: $270,911.28 NOW, THEREFORE, BE Tf 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 $427,402.28 for fiscal yeat 2005-2006. PASSED AND ADOPTED this 5th day of October 2005, by the following roll call vote: AYES: Councilmembers: NOES: Councihnembers: ABSENT: Councihnembers: APPROVED: Kathleen King, Mayor ATTEST: Cathleen Boyer, City Clerk COMMUNITY DEVELOPMENT BLOCK GRANT COUNTY/CITY CONTRACT Contract No.SA- THIS 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 "CTTY'~ participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG' Joint Powers Agreement. The allocation of funds pursuant to this Contract shall be a gent. COUNTY approved the allocation and disbursement of CDBG fiords to CITY on Mav 3.2005 WITNESSETI3 WHEREAS, COUNTY has received CDBG Entitlement Progam funds from the United States Department of Housing and Urban Development (hereinafter HUD) as an tntitlement 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 agee as follows; I. PROGRAM COUNTY agees 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 Four hundred twenty-seven thousand four hundred two and 28/100 Dollars ($427 402.28 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 fimdod with this allocation by the CITY and described in detail in Exhibits "A" through "IL" 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 2005/06 shall not exceed the total sum of the beginning fiscal yeaz Cash Control Sheet (fiscal yeaz CDBG allocation of funds to CTTl', and roll-over of unexpended CDBG funds from previous years .allocations to CTTY). CITY is ganted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation progam 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 1 FY 03/06 City/County Contract Office of Affordable Housing Cortanunity Development Block Grant Program As a condition of this Contract, CITY has provided nrrmerous exhibits marked "A" thro sgh fD~ as noted herein, attached to this Contract, incorporated by this reference, as though fully 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 "FI" (Urban County Rehabilitation Services), and Exhibit "I" (Contracting Principles Declazation) for all allocated CITY projects and activities awarded funding during Flscal Year 2005/06. 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 1, 2005 and will terminate on Jnne 30.2006, or unless terminated earlier 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 chazges 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 July 1, 2005 and terminate on the eazliest of the following dates as set forth herein: June 30.2006. 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 05/06 City/County Contract Office of Affordable Housing Community Development Block Grant Program B. C. PROGRAM Performance by CITY. 1, Conduct the PROGRAM within Santa Clara County, for the Purpose of benefitutg low and very low income households. 2. File quarterly reports with COiINTl' 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 fiords. CITY vlnll 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 $300,000 or more of federal funds for the fiscal yeaz. 4. Document all PROGRAM costs by maintaining records in accordance with Section III, Paragraph D below. 5. Submit to the COUNTY documented requests for reimbursement. (. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit G "Indemnity and Insurance Requirements;" and obtain certificate of insurance from all subrecipients which will list CITY as additional insured. 7. Subparagraph C. 1) through 6) above are express conditions precedent to disbursement of any COUNTY funding and failtue to comply with these conditions may, at the discretion of COiJNTY, result in the suspension of funding or termination of specific projects in non-compliance; or initiate the suspension of funding or temunation of this Contract as provided for herein. 3 Pv osioe cityico~nty conaset Santa Clara County Office of Affordable Housing Community Development Block Grant Program g. If CITY does not use CDBG funds in accordance ~~ this Contract, CTTY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineligible activities maybe identified through audits, monitoring or others sources. CITY will be required to respond t0 arty advtrse filldlil$S which may lead to disallowed costs, subject to provisions of OMB Circular A-87, "Cost Principles for State and Local Governments," and A-133, "Single Audits of State and Local Govemmehts." 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 Maintain complete and accurate records of all its CDBG transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly; E. 2. All dint and indirect costs of claims incurred or anticipated to be incurred to perform this Contract or to operate the PROGRAM; and Preservation of Records. CITY will preserve and make available its records: ...r F. 1. Until five years following expiration of this Contract, or 2. For such longer period, if any as is required by applicable law; or 3. 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 years from the date of termination. Examination of Records: 1. At any time during normal business hours, and as often as maybe deemed reasonably necessary, CITY 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 years from the date of termination of this Contract; or (c) such longer period as maybe prescribed by law. 2. The CITY 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 clam county 4 - FY 05/06 City/County contract Office of Affordable Housing Community Development Block Gran[ 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 expin~tion of: (a) five years after expiration of this Contract; (b) •five years from the date of termination of this Contract; or (c) such longer period as may be prescribed by law. 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 Director 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 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, CITY will comply with the requirements of OMB Circular No. A-87, "Principles for Determining Coats Applicable to Grants and Contracts with State, Local and Federally Recognized Indian Tribal Govertunents," 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 7, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this Program. H. Suspension and Termination. Tn accordance with 24 CFR 85.43, suspension or termination 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. I. 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 OS/06 Ciry/County Contract Office of AffordaAle Housing Community Development Block Grant Program 1, 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 mazket value of the property, less any portion of the value attributable to expenditures of non-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 incun-ed in connection with the PROGRAM. Reimbursement will not exceed the total sum of Four hundred twenty-seven thousand four hundred two and 28/100 Dollars ($427.402.28 as stated in the fiscal year Cash Control Record document plus all Frogam Income accrued during the fiscal year.. Reimbursement may be retained, in part or in full, by COIJNT'Y, in the event of CTTY'S non-compliance to PROGRAM regulations and conditions. Substantial non-wmpliance includes, but is not limited to, incomplete documentation of expenses, f~azlure toB 2bmit adequate documentation of PROGRAM progess as described in III, p gaph 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. In 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(are) not resolved satisfactorily within thirty (30) days, notify CTT'Y 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 clam county 6 FY Os/o6 City/County Contract Office of Affordable Housing Community Development Block Grant Program ~-- 4, If applicable, forward 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 CTTY 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 Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments," and OMB Circular 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 =~,pro cn_ SC1~~+~d.-!~ to serve as CITY CDBG Program Coordinator, and City Manager~;~:~-, P~de.rs!±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 coaespondence 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 CommunityDevelopment Program 1735 North First Street, Suite 265 San Jose, CA 95112 Sams Clara County ] FY 05/06 City/Cowry Contact Gflice of ABordable Housing Community Development Blcek Grant Program CITY: --- Name of CITY Address of CITY Address of CITY (Continued) 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 CITY, with the understanding that I•IUD 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 CITY 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 terminate this Contract or to require corrective action to enforce compliance with such provision. Examples of non- compliance include but are not limited to: 1. If CITY (with or without knowledge) has made any material misrepresentation of any nature with respect to any information or data famished to COiJNT'Y in connection with the PROGRAM. 2. If there is pending litigation with respect to the performance by CITY of any of its duties or obligations under this Contract which may materially jeopardize 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 temtination or conclusion of such litigation. 3. If CITY has taken any action pertaining to the PROGRAM, which action required COUNTY approval, and such approval was not obtained. 4. ff CITY is in default pursuant to any provision of this Contract. Santa Clara County 8 FY 05/06 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. Cornctive Action Procedure. COUNTY, in its absolute discretion and in lieu of immediately temunating this Contract upon occurrence or discovery of noncompliance by CITY pursuant to this Contract, will have the right to give CTTY notice of COUNTY'S intention to consider comctive action to 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 In the event that CITY does not implement the corrective action recommendations in accordance with the corrective action timetable, COUNTY may suspend payments hereunder or ternnate 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 and time frame for comxting the non-compliance issue (s). Such plan must be submitted by CTTY 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 Director and the CTfl' 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 clue County 9 PY Os/06 Ciry/County Contract Offia of Affordable Housing Community Development Block Grant Program addressed or resolved within the aforementioned corrective action plan time period; 2. If CTf Y is in banlauptcy or receivership; If a member of CITY' S Executive Management staff is found to have committed fraud in connection with the CDBG program (temunation 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. In 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 cervices 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 ternrinate this Contract as provided for in 24 CFR 570, at Subpart J "Grant Administration," and/or 24 CFR 85.44 `"termination for Convenience." Provisions of the Reallocation Guidelines will apply, but maybe adjusted if termination is for cause. D.. Upon termination, CITY will: 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; Tum over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepared 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 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 separate contract per the provisions of the COUNTY CDBG REALLOCATION GUIDELINES. Santa Clara county 10 FY Os/06 City/County Contract Office of Affordable Housing Community Development Block Grant Progam E. Upon termination of this Contract, CTf Y will irnn-ediately 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 J, i.e. 570.500 (Definitions), 570.503 (Agreements with Subrecipients), 570.504 (Program Tncome), and 570.505 (Use of Real Property), with regards 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 Propeity, 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 year and an acquisition wst of 55,000 ar 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 ®(1). 4) Supplies as defined in detail in 24 CFR, Part 85.33. 5) Procnrement, Use and Disposition of Real Property as defined in detail by 24 CFR, Part 570.503 (Agreements with Subrecipients), 570.505 (Use 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, HUD 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 pazagraph. If this obligation is not fully met, CITY maybe 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 clam County 11 FY OS/o6 Ciry/County Contract Office of Affordable Housing 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. CTf Y agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utlllzlrig 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 agrces 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 Program 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 REALIACATION GUIDELIlVES 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 tens for activities pemutted 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 RehabilitationLoan 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 COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. XI. ASSIGNAB]Q.TTY 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-wntract, 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 COUNTY. 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 os/06 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 four blersonal~~ flow worker's compensation or other forms of liability, obligation or reapo ty from employee/employet 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 pemutted 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. I~IIII. 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, charges 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.ln 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-DISCRIIbIINATION 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 are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 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 clam county 13 F5t osioe cityicounty Conaaet 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 CTIY 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 ?,, Amendments to the terms or conditions 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 CITY from its obligations under this Contract. B. During the Contract term, CITY 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 Clara County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY and CITY 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 are 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 are 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 "fT' (Urban County Rehabilitation Services) if applicable, and Exhibit "P (Contracting Principles Declaration). Santa Clara County 14 P]' 05/06 Ciry/County Contract Office of Affordable Housing Community Development Block Gran[ Program ~- C. The persons signing below are duly authorized to execute this Contract. IN WTfNESS WHEREOF, the parties have executed this as indicated below. CITY OF: COUNTY OF SANTA CLARA: sy: Print Name CITY Manager ATTEST: CTfY Clerk °~... APPROVED AS TO FORM AND LEGALITY: CTI'1' Attorney Date Bv: Date Liz Kniss Chair Board of Supervisors Date Signed and certified that a copy of this document has been delivered by electronic or other means to the Chair, Board of Supervisors ATTEST: Phyllis Perez Date Clerk, Boatel of Supervisors APPROVED AS TO FORM AND LEGALTTY: Leslie Orta Date Deputy County Counsel Print Name os/o6 city conwet Grg s/os/os Santa Clara County ~5 FY Os/06 City/County Contract Office of ptfordable Housing Community Development Block Grant Program Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (FY 2005/20061 acFNCY DESK DATE PROJECT # CONTRACT AGENCY NAME AND ADDRESS:. PROJECT NAME AND ADDRESS: Telephone FAX Executive Director. email ~, PROTECT DESCRIl'TiUN 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. gtg/8/10/05 m am °o O~ 30 ~ N W O a .~ x m ~$ ~a ~~ ~~ ., ~~ w d W W Z ~7 W O Q d G U ~ S O U ~ ~ a ~. 0 O ~ O m N ik F W a W W 2 Z W a F- O r Z °d m w LL Z W O O Z UH O w c7 J ~ 2 ~ W ~ N Z ~ ~ m Z w ~ W ~j ~ g' ~ 5 $ ~ ~ t W~ c d U c O c ~~ ~w • W ~~ ~~ ~ @.~! ~ $ ~w~ Z d ~am c dt LL~aa~~ ¢ ~ ~~ ~ d O \./~ ,.,-~., EXHIDIT E :~~ ~ . ~ * CPI~P N•on-State Grantee ~~ ~ Car-tifcations: ~ Many element of this document may be. completed electronically, however a signaturo must be manually applled.and the . document must be sulimltted In paper form to the Fleld.Offlce. ' NON-STATE QOVERNMENT CERTIFICATIONS In atxrordance with the.appliceble statutes and the regulations goveming the. consolidated plan. regulations, the ~utisdicgott certifies that: Afflrmatlvely Further Fair Housing -The ]urisdictlorr will aff>rmtitlvaly furtlter fair trorplrrg, rNrldr means k will condrrd qn analysis d Impediments to fair housbrp dtoloe wRhM the ]urlsdktton, tales apprgprlate actions to overcome the eRer<,s d any ImPedYrrenES. kladMbd ttrrough tl>d anelysla, and nralntaln records reflattlng.dratanalybls and actions In tl>Is rogard. Mrtl•dlspMcemantend lteloeadoq Plan - It wn comply wide fhe OogWeldon end reloadon • ame' rrd4d, send Implementlng repuWtlons amt 49 CFR 7A; and k hyd~Met amend k rafl~ow~InpAd d l~dentlal '+- anddlsplaoernent and rebcatlon assistance plan tegWrod abler sedbn 104(d) d the Houalnp and Comriwnity Developrtrerrt Add 1974, aS amended, M eornreWar wah any activity assisted with fundirp atrder the WBG a HOME programs. Drug Free Workplace - It will or will oontlnue to provide a drugfiae worgrleoe by: 1. PuWishing a statement notNylrp employees that the unlawfW manufacture, disblbudon, dlspansMg, possessbn, of use d a controlled substance b prohibked b the grantee's worl~laee and spedfykq the adiorrs drat wIN be taken against employees for vbktlon ef•such prohiMtbn; . 2. Establisfiing en ongoing ring-free awareness program to kKonn emPbYees about.- . e. The dangers d dnlg abuse In the workplace; • b. The grantee's polky d meMtakrkrg a drug-kee workplsa; c.' My avalkbb drug eorstsellrrg, rehbgkatlon, end.enrployee asslatanoa programs; end . d. The penaWas that may be imposed upon employees for dnrg abuse vloladons oocurrtrrg D the 3.. Makingw«R* a ~Wrement tliat each employee to be engaged m the performance'd the grant be given e Dopy d the ataterrrerrt regWrad by paragraph 1; .4. Notifying the empbyee b the statement r'eQWred by paragraph 1 that, es a condltlwr d employment under the grant, the employee w~ - a. abide by the tarrrre' d the steterrrant; and b. Nottfy the ampbyer M writing d his or her oonvkdon far a vbletlon d e criminal drug statute occurring M the wori~laa rro later then five calendar deys'alber such oonvkdm; 5. Notifying the agepry M wrttlrrg, wNlrkr ten ,calendar days after' reoeMng rrotloe under subparagraph 4(b) from en empbyee or ottrerwlse racelvirrg actual notice d such aornrlcdon. Employers d corrvlaed employees must provide notice, Indudtrrg I>~~n tide; to every grarrt officer or other designee on whose grant activity the obrrvlctsd emplWee was wortdng, unless the Federal agenry has .designated a central print for the reaelpt d such rrottaes. tlotloe shN krdude the Iderrdaatlon number(s) d each Plfectad grant; 6. Tatting one d the fallowing ectlorrs, wkhln 30 calendar days d rocelving notce under subparagraph 4(b), wkh respect bo any empbyee who b so'convlcted - e. TeWng appropriate personnel edlon egahret such en employee, ~ to end krclpolrrg termination, consistent with the requirements d the Rehbllkatlon Ad of 1973, as amended; or b. Requiring eudr employee.to parddpate setlstsc0or9y b a drop abuse a~btance or rehabHkatlon program approved tar such purposes by a rederal, Sbsee, or bat heMth, law errforoempnt, a other appropriate sgerw.y; 7. Maldrg a good faqir aRort to corrtlnue to mabteM a drug~ree worfcplaoe through hnplemerrtstlon d paragraph 1, $ 3, 4, 5 sari 6. ]uiisdld9an Spedflc CDBG Certlfkatlotn Tlie Entltianent comnaet0.y oartlfles ehd: f]tPoen Partldpatlon - ft k b PoN aonpRanoa end folbweg a detalbd dthan pertldpatbn pbm that satlsfbs the requirements d 24 CFR 91.105. Community DevelopmaM Plan -Its oonadklebad houshp and community development plan Idenuflas . communty development and.housing needs and spedflee both short-term and bn0-term oommunlty deveopment ab)edhres that provide depart hocrsing, expend eoononrk opportunkles prlrtrertly Ibr Persons d bw and moderaha Irroorrte. (See CFR 24 570.2 and CFR 24 part 570) Polbwing'a Plan = tt Is fallowing a cumeht oonsdidated den (or ComprehensWe Housing Affordabilky Strategy) that hoe been approved' by HUD. Usk of Funds - tt has compiled wkh Ure foibwln0 crkeris: 11. Maximum Feasible Prbrity - Vllltfr respec* m edhAUas expedx+d Po be aselsted whh CDBG Ponds, k artlfles filet k has developed Its Action Plan so as to phro rrretdrraun haaelbb priority Po adhrltlas whfdr benefit bw end moderate inoorbe tarrrilba or old In fhe proventlort or e~runauon d ehara or b)Ight. The Action Plan may also Miiude activltlas wtrkh the granbae artiflec are designed m' meet .,~„ otfier oommunky devebpment needs having a perNadar urgetrcy because exkUrg aondl0ons pose a serous and Immediate threat to the health or welfare d the community: and ottrer (Mendel rasouroas . .ere not avaligble); , 12. Overall Benefit -The aggregate use d CDBG turWs Induduq eectlon 108 gwrenteed.bans durtrp. progrem year(s) 2gi15, ~, 2-~ (a period spedfled by the granbes oorolstlnp d one, two, or tlsne spedfic oonsecutNe Program years), shall prindpelly lrareflt persons'd low end moderate Income In a manner that ensures that at least 70 percent d the amount b expended for edhAttes that benefit sudr persons during the deslgrtated period; 13. Spedel Assessments - tt will not attetrrpt to recover arty capital coats d publb Improvements essktad with CDBG funds Inducting Section 108 ban guaranteed Ponds by aseeping any amount apaMat properties owned and aoarpled by persons d bw and modero6e Moome, MdudMg arty tee charged or assessment made es a oondkbn d obtaining ecass to such publk Improvements. ~.'Fbwever, K CDBG Ponds are used Po pay the proportion d a fee or esseamtrertt that robtae Po fire capital ousts d publb Improvarrerats (assisted M part with CDBG PorMs) flnenoad hum other rovenue souroas, en assessment or charge may be made agalrrst the property with respect to the publk Improvements flnanoed by a source other than CDBG Ponds. The )urlsdktlon will. not attempt to naoover arty aPkel costs d pubilc knprovertrenta assisted with CDBG Ponds, Mdudirrg Section 108, unless CDBG funds are used >A pay the proportion d fee or assessment attributable to the apkel'oosts d pulllb Mtproverrrents flnarrad from other rovenue sources. In this case, an assessment or dtarge maybe made against the property wkh reapeet to the publb Improvements (Marled by a source other than CDBG Ponds. Abu, in the oiiee of properties owned and oaupbd try moderate-Inooma (not bw-income) fad, an esceamerk or dbrye may be made against the property for public Improvements flnanoed try a source oNter then CDBG funds M'the ~urlsdldlon certifies that k lacks. CDBG funds to Dover the aaeeserrtertt. lzoeesiva Porce - It has adopted and b enYor'drrg: 14. A guilty prohlbking the late d etroessive force by law enhxoerrtent egeridee wkhM ks )uhsdicdon agalrret sny Indlvldueb engaged Mnon-vbknt dvB rghta derrtotrabaHOrw; and' 15. A pulley d enfardng applkabb Stets and bcal bwa egaMet phyelaily betting ertbarioe bo or rock hum e fedlky or baton whkh Is the ault)ect d such non-vbbnt dvN rlghb demoratragor-e wilhln lea iuriadldJon; APPEND( TO CERTIFICATIONS . ]nstiucdorts Conoemirq Lo6bYhw and Dnrg-Free Workplace Requbarrentr iNscer gfl~tl01 I reprroentagon d tact upon whld~ re~ancs w~ placed when tfik transaction 'was made or entered NrOo. Submission d this oartlflcaiton b a prerequlpbe for makkq or errterfrrg Nrto this trerisactlon Imposed by sectlon 1352, title 31, U.S.Coda. Arty person who legs to fNe the roqul certlNcatlon shell be sub~ct tiD a dull penalty d not less tlren ;i0,000 end rat more than ;100 1br each suds failure. . Drug-Fred Workplad Certlfldtlon 1. By slgnlrp end/M submatlng this epplkatlon or grant apreerirent, fhe grantee Is provklkq the certificeti0n. 2. The oertifl®tbn b s matarkl representatbn d rpd: upon vvlrldr'eNarree~k placed when the agenr.T~ awards the grant. If K b later deOerNned that the grantee knowingy rerWerad a hlse cert>rloetlon, or otherwise vblatas the requirements d fha Dnig-Free Workplace Ad: MID, h addltlon to arty other remedies avagable to the Federal Government, may take adios autlartred urMer• the Drug-R'ee . WoHrplad Ad... . 3. Workplaces under grants, for grantees other than Mdhrlduals, need not ba klantlfled on the ,certlAcetbn. ff known, they rroY ire identlfled In the great applkatlon: If the grantee does not Identitify the workplaces at the tlme of appNcatlon, ar upon award, K tlrene Is no appOcatlon, the grantee must keep the WegUty d the woikpkoe(a) on fib kr Its bftlce end trralaethe IMOrrrretlon avNlaWe,lbr Federal Inspection. Failure to klentKy all known wgl~taces oonsddrtes a vkdetlon dthe grenbea's drug-free workplace requirements. 4. Workplace klentlflcatlons must ladude the actual. eddr'ess d bugdlrrpa (oia parts d buMdinga) or other sites where work under the grant takes place. Cetegoikal desatptlons may tle used (e.g., ant vehkies d.a mass transit autlarlty or State highway departrnent whit In opeTatlon, Stebe empbyeee M each , kxal unemployment office, pellbrrbrs In concert heMe ar redo ststldirs). 5. If the workplace klentlfied to the sgency changes drMng the pertbmrence of,tha grant, the grerrtae shall Inform the agency M the change(s): K N prevkwsly klendtled the worigrleoes kr question (see paregreph three). 6: The grenbae may Insert b the space previded bebw the site(s) for th performance d work done In. mnrrectlorr wqh the spedfic grant: Plaea d Pafomrance (Street addr{fas, dty, county, ste6e,.aip code) Check M there ere workplaces on fib that are not IdentlBed here. The eartlilatlon with regard to tM drug-free workplace is requlretl by 24 CFk part 21. Place Name . Street Cou ~' ~ Coun Gov rrient 70 W. Heddl St. S n 7 5arrte G 511 7. Ddinitloro d terms in the tkmprocutemerrt Suspension and Debertrlent common ads and Drug-Froe Workplace common rule appy to this oartltlcatlon. Grantees' attention k calved, b particular, to the. following deflnitlorre eom these rtrks: 'Contmlbd substance' means a oontroNed subetence In Sdredules I through V of tlra CorNrclled Substances Act (21 U.S.C. 812) end as further defined by regulatlon (21 CFR 1308.11 through 1308.15); 'Corrvktion• means a Ilndtrrp d gunk (prdrrding a pbe d tab mnbndenr) or pnpodtion d sentence, or both, by any Jtrdkial body charged with the reeponslbllky b de0xrrrlne vloleUOfrs of the Federal ar State atminel drug statutes; 'Crlmlrml drug stahiUe' meero a Fadarel or ran-FedefN criminal atatrde Involving the menufecdrre, distributlon, dlepenNng, use, orposseeNori d arty 7utiBdlWon ~~:n; CORPORATION hereby assures and certifies that it will comply with all re$RIAt<0118, p0~1C1e8, guidelines and requirements applicable to the acceptance sad use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying whh all relevant firture changes to Federal Regulations or OMB Circulars.. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM that it is is compliance with the following Regulations as defined by 24 CFR, Part 570; Subpert J; 24 CFR, Part 570, Subpart K; and. will be conducted and administered in conformity with "Public Law 88.352 and Public Law 90-284. 1: 570 601. Public Law 88-352 and Public Law 90-284; affirmatively fiuihering 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. . 3. 570.602. Section 109 of the Act addresses discriminatiorJ. , 3. 570.603. Labor Standmds. .,„,• 4. 570.604. Environmemel Standards. 5. 570.605, National Flood Insurance Program. 6. 570.606. Relocation, Displacement and Acquisition. 7: 570.607. Employme~ and Contracting Opportur-ities. 8. 570.608. Lead-Based Paint. 9. 570.609. Use of Debarred,. Suspended, or Ineligible Contractors or Subrecipionts. 10. 570.610. Uniform Administrative Requirement aad Cost Principles.. The COUNTY, its Subrecipients, agencies'or instrumentalities, shall comply with the policios, guidelines, and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants aad Agreements with Non-Profit Organizations), A-122 (Coat Principles for Non- Profits), A-128 (Audits of State aad Local Governments-implemented at 24 CFR, Part 24), and A-133 (Audits of Institutions of Higher. Education aad Other Non-Profit Institutions), as applicable, as they relate to the acceptance and use of Federal funds . wader this part. The applicable sections of 24 CFR, Part 85 and OMB Circular A-100 are sat fort}t at 570.502: ~:u: ~ The Contractor shall indemnify, defend, and hold harmless the County of Sapta Clara (hereinafter "County', its officers, agents and employees from mry claim, liability, loss, injury or damage arising out oi; or in connection with, performance of this Agceemem by Conhactor and/or its agems, employees or sub-contractors, excepting only loss, injury or damage caused by the sole neglitgence ~ willful misconduct of personnel employed by the County. It is the intent of the parties to tlris Agreemem to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities inctured with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Without limiting-the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agrcement,'or as may be further required herein, the following insurance coverages and provisions: ~...- A. Evidence of Covera¢e Prior to commencemem of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required hea'ein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certif cafe. 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, unless 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 beers approved by the County. This approval of insurance shall neither relieve mr decrease the liability of the Contractor. B. Qygl x'yjgQ Insurers All coverages, 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 err a company of equal financial stability that is approved by the County's Insurance Manager. E}~IIBIT B-2 (revised) (HCD-O) Rev. 7/30/02 EXHIBIlT G offica~s, agents, and employees >~ be attce~ only and not oontribtrdug with .insurance provided ands this policy. Public Entities may also be addbd •in the additional insured endorsement as applicable and the contractor shall be ratified by the contracting department of these requirements. 4: For bodily injury (including death) amt property damage which provides total limits of not less than. one million dollars (51,000,000) .combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 5. Workers' Compensation and E~lover's Liabil_ily nv;ranr~ a Statutory California Workers' Compensation coverage including broad foam all-states coverage. b. Employer's Liability coverage for not less than one million dollars (51,000,000) per occurrence. E: Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to.be maintained by the Contractor and any approval of said insurance. by the County or its insurance consultant(s) are rat 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 requiiemems contained in this Agreement may be fulfilled by ,self-insurance ~ 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 funded self-insurance programs or self-insurance retentions. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors 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. EXIBBIT B-2 (revised) (HCD-0) Rov. ~r~oio2 .- URBAN COUNTY .HOUSING REHABILITATION SERVICES EXHIBIT N Description: The Santa Clara County Housing Rehabilitation Program provides services fo the City/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 OFTHE 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. r- 2. Continue to process application, order credit report and preliminary title report, schedule termite inspection and conduct an Minor Rehabilitation Environmental Review in accordance with NEPA requirements of the property, as applicable. 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 wtth local building and housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing ~e 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 t Promisso Notes Notices of Ri ht to Cancel, Truth in Lending 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 appNed and withdrawn shah be processed as new applicants after a period of six months from date of the previous applicatbn. 5. Upon execution of the contract by designated City and County officials, the Ciiy/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 CirylTown'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 specked 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 CitylTown, the. City/Town shall transferto 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, medRation 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 CitylTown shall reimburse the Count' 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 F~di. H Ciry/rovm.ReheDoontrect Rev 9V09/03 3 ~- DECU-RATION OAF CONTRACTOR (to be.comhleted ~y aN Tjglg I or Tvt~ N ooMractbra) A. [x] This is a Type I servk~ contract under the Board of Supervisor's Resolution on . Contracting Prindples. If this box is.chedced, please complete the following: Type I CategoM Explanation: t3. I l This. is a type II contract under the Board of Supervisors Resolution on Contracting Prlndples: ~C. To be Completed by Contractor: The contractor cwrrently has other County Contracts for the same or.similar servk:es: [ ] Yes ,~ [ ] No If Yes is,chedced, please 11st 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 IMomtation contained herein is complete and accurate. Signature• Name: Titles: Contractor Date: pb ~~ Doo d Contractor • E~ 1 eN - 9A8N9 ~ ~ ~ ~ g d ~ ~ ~ ~ a ~ z ~ ~ m ~ ~ ~ ~ a ~ g 9 ~ F N _ w _ C ~ I m ~ e ~ \ ~~ ~ ~ ~ ~: A r W N ~ ~ 1~1 O ~p S y O O O m O 'O N O1 N pOp pJp O A ~ V v O ~ W O O1 8 S S ~ O O O O S p O p O p O p p O N ~~ym~~ g ~~~~~ ~ :m a ~ m g g ~~~~ ~a~ ~_~~ ~gg~~ m \ ~~ ~~ 3 ~ ~. ~~~~. 0 . - j ~ j A OD A gN gN ± g~ GS sN N :C+ O p8 ~ pN GO pO J6J ~C ,tRO S O O O O V S O ~ W (~ O S N N ~ S C~ o ~p N N A - + 8 O 8 O O 8 O ~ ~ 8 O 8 O N 8 O 8 O N O ~ o ,~+0 p O p O p O p S ~ p O p O p O p O p S ~ p S ~ O ~ W O OWi N N ~ O O N N ~ Op O S O p S Oho p OO 8 O N 8 O 8 O O S O O O O O O O O O O J O f7~ z -~ C V 6 Z C Q 7 m W ~ C N ~ ~ a on ~~O ~~~ ~~ 0~0 ~~~ 0 N ~~ o r tr0 0 t~. ~V RESOLUTION NO.OS-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM SANTA CLARA COUNTY UNDER TflE FEDERAL HOUSING ANA COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 20058006 WHEREAS, the City previously entered into a Joint Powers Agreement. with Santa Clara County to form an Urban County under the Housing and Community Development Act; and WHEREAS, the City Council Ends 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 proposai for the cxpenditm+e of FY 2005/06 CDBG funds is the estimated amount of $156,491 for the following allocations: Agency Type Project Amount Amount Requested Recommended SASCC CDBG Adult Day Care program $37,284 $36,681 (Public Services) City of Saratoga CDBG City Hall -Automatic $11,000 $11,000 Doors City of CDBG ADA Improvements at $50,000 $50,000 Saratoga/Hakone Hakone Gardens Foundation City of Saratoga CDBG ADA Improvements at $23,810 $23,810 McWilliams House County of CDBG County Rehab Assistance $20,000 $20,000 Santa Clara City of Saratoga CDBG Program Administration $15,000 $15,000 GRAND $156,491 TOTAL The above and foregoing resolution was passed and adopted at an adjourned meeting of "~ the Saratoga City Council held on the 16th day of March, 2005 by the following vote: AYES: Councilmembers Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen M. King NOES: None ABSENT: Councihnember Aileen Kao ABSTAIN: None ~,t~un, fJt~y' Kathle~ M. King, Mayo Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2®OS/Z006 AGENCY DESCRIPTION C~ -OoK PrgJ~cf DATE: c . u PROJECT #: `~ '03' ~} ~ APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name• qG ~tNS Address:~X Z3~.c~ ('Ci t 1, c Gkrks is d~t~y~ ~.Q r c Contact Pet~o~Telep~one: ~6 B' ~' ~'~/{- FAx: -~to~- ~4L-4g13 L~D/~ ~i.t/CONC RttYpCNs email address: PROJECT DESCRIPTION ~~ "s ~~'cr~' is dk~'o i ~ . ~i~ a. /{s-rE axe ~i~u~aG-ti o~ /eReu ~ ~.t.d~-5 ~r~m f~cc ~'~ o~ ~~.cr • ,~ 4h o W'. S/ i(~,~.t.vYcs ~,.; ~3 I'(a, •4"~ls ~ ~Co ~ te"e" In '~f 6z ~~-~~ c~n~(~ 5~ - o s -q-~~ 5A- - o~ - ~ ~ ~ r7 ~ ' Ob ' ~ l fa ~ ~C dS ~-~ks~,tiu~i`~1 ~ ~ W W a a„ N ~ °a"° ~g~ o~ a ~~ wo da o .+ o ~ ~ a ~~ ~ a8 M o ~ '~ w i .~ ~ ~ ~ as N ~ v ~ ~ ~~ ~~ ~~ a° ~ d~ ~ ~ ~°"~ ., a,~ a ~~~ ~~ a~~ ~ ~ U w I' 00 dg N a 0 o. a a a ~ k x W A O z /\ 0 a w G7 d d U ~„ u W a AWE a ~~o ~ ~ l M O Q N U ~a° da O F a ~~ ~ ,~$o 0101 d' M aR'4 ti j U A O z U 0 w d u ~ w a a- °C C Ww ap d L ~ ~~ C a~,PC ~ ~ ~~~ G ~ O m r d d y ~ "' C C i _y d a 'C ~ A p, 'O ~ e 7 ~ w V u. ~ g _~. aco ~ aaaF~ W ~ dd ...G1 W .. d ~ M ~ ~ • ~ a h p a`, a a` F b 0 a ~~ ~~ ~' ~~ ~a o~q ~- u ~~ rw ob 4~~ 'S y ~~Cy y O v Q v ~A Oq a Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY zoosneob AGENCY DESCRIPTION DATE: 5 loos PROJECT #: $A 'D k.-S4 APPLICANT AGENCY: Name: c`~ iQ S C C-- PROJECT NAME & ADDRESS: Address: ~'1 ~$ 5 ~ ~~2~~GI~C-~ ~~G G Gh: e ~.De.~ b -12 Contact Person Telephone: oE- email address: FAX : lam, oS - 7~~+i~F3 PROJECT DESCRIPTION ~`u's ~.e~l.~ `ta..s ~ert ~awy-l~,t~(~ Loon . ~oM.~~"'rtig /~ "Q'- Exhibit A - D COMMUNITY DEVELOPFME~~ K GRANT PROGRAM AGENCY DESCRIPTION DATE:. S[Of' ~?S PROJECT #: Sf~ 'd11 -51 APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name: ~'~ oF~ Address: / ~ ~'~~ ~V'u,i~Vti.j2 ~ve- RSo~ Contact Person Telephone: '7~u.r~SE Scanru'~' email address: FAx: g6~-g5s5 PROJECT DESCRIPTION U~ !~a-vit. L~+u^"~`~ 0.~rluli~~-'S f,7~. /~etts+i.{ /'t~~~/.Fa/+~k Ezhibit A COMMU1vITY DEVELOPME~ ~ K GRANT PROGRAM AGENCY DESCRIPTION DATE: + . ? PROJECT #: cSf~ D4 "L!. I APPLICANT AGENCY: Name: ~~f~ ~ ~a~i4.- ~ ~iKS Address: ~•Q• ~~ 23vLL~ FAX: S~caF- q 500 Contact Person Telephone: ~A~wt CQav~- S68 -ia4/ PROJECT NAME & ADDRESS: email address: PROJECT DESCRIPTION ~ ~,Ce,~c ite~t. h ~jc~~fs ,q-~ /e~, 5q -03-41 ~: 7~ ~~~ a;l'LatJ.CL'r~ 7b` tom` 3 ~~.~' ~ ~ 50~ QQO E=hibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2005/Z006 AGENCY DESCRIPTION DATE: {~?-~o~ ~S PROJECT #: Si~- D~- G•I APPLICANT AGENCY: Name• ~ ~ Address• P d • ~ Z32y. PROJECT NAME & ADDRESS: Contact Person Telephone: FAX: email addrai• PROJECT DESCRIPTION ~ ~,Cc<,a.~ . ~fjc,C~"6r/s ~ -~ ~ S/~ -d3-4-1 jf Exhibit A COMMUNITY DEVELOPMENT. BLOCK GRANT PROGRAM FY 2005/2606 AGENCY DESCRIPTION DATE: ~ . ~ F ~ 7°OS PROJECT #: SR -05 - 51 APPLICANT AGENCY: Name• o Address: ~. ~!5e-~o Contact Person Telephone: ~~~ ~C~ew{-~- FAX : ~ 6 ~ '$$~j PROJECT NAME & ADDRESS: ~ - email address: PROJECT DESCRIPTION ~~ C~~ 13-D a~ ti~of '~ ~ , l~ C ~ of S~~ - q" ~~~"ts Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY zoesnoo6 AGENCY DESCRIPTION DATE• • .2co5 PROJECT #• 3~{ - D5 -5 ~I- APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name: Sf~ ~~-L Address• ~ ('• ~°jt 3c33 ~ ~ , C~ a s o 3-0 . ~~~ Contact Person Telephone: $Lg -l2S 3 FAX: Q,f,~p•G~.b'r~ ~ 2, ~D D email address: PROJECT DESCRIPTION ~~ 5 ~~ ~ s~ ~ ~~~,~~~ l.~,~'~ccd .~~-to~.~ G~' ,rte, ~P c~-~* ~ C'~..~.fr., ~ ~.a~.~, au.L ~~ W .... a„ g ~$ ~~ w ~~ z~ z~ ~d' Pai -~ V ~ ~ •~ ~~ ~~ ~ ~ ~ ~ ~ N b ~ ~ '~ ~ a ' ~ s ~ ~N `~" ~~ v a ~ ~• ~ ~~~ ,. t ~ M ,g u ~~ a ~ 1 ,' ~~ ~ ~ ~ ~- ~ ~ ~~ M c.. .~ ,d F ~ '~ e ~L a°~ ` ~~ ~ a ~ ~ a o J e -' .Q 'q ~ 0 aCU U .w W e N o~ N W a 00 ~ ~ W A rO F F U O a w c~ ~„ ~ ~ ,L a .~ w V `- S A E. ?~~' W ~ N u J~ `^.~ V , ~~ z ~' WO da H O F G1 ° o ti ~ W Q z 0 W y m 8 ~ a;g c [4 O alb da d 7a `~ ~ w Q~•G 0 p "" d ~ C o .~ a" ~ ~' u ~0 «' 7~ ~L a U a'Ao u ~! ° 4' N a a1 ~ j aaaE= W 1 w a a s~ a ~ ~ e a a O ` ~ v i a °" v 0 a q~ U O' w '~ a 0 u b 0 .~ a Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2005/2006 AGENCY DESCRIPTION DATE: • 26 ~~~ PROJECT #: ~SA-OS^ Ss APPLICANT AGENCY: PROJECT NAME & ADDRESS: Name• 5/'t S ~ Address: ,p. d . (301 303'3 J~r~,tiv~-~ CA `l sa'~o 6u,.•.-4K Contact Person Telephone: g b 8 - (2 53 FAX SAS CC ' Si.K ~ a,~..o~ G,GCdutr~c. ~` z~noo email address: PROJECT DESCRIPTION ~+5 ~;.~:~ Lovr~ta ~e coal `~ ~,v~. `f:~ ~ ~. °~»-( ~c,Clo.kr Gtu .4.~f ~ tte ~r7i4'.~ ~ 6c u.~.a..d r~n'tlcw# a../,tw,'~" ~, ~ 7(c.Q ~0-~.h-k ~ ~~ ~C -t,H.tfa ~lt~ ~ ~ ~ ~ . oa `'`" '~ W a ,o ~g 3g ~ N ~ N a N ~~ z~ zo da d -. 0 b 0 VJ ~ .. ~ ~ ~ ' a ~ 0 a~ ^' w= ~~ ~ ~a ~ v .r F ~e ~ w '~ .. w v ~ O ~ ~~ a~q ao~ ~~~ ~a d a ~ S .o ,o ,~ ~ aa`~ aa~ v o '° ~~ N 0 a a a N a as ti w A z -\ 0 W h G7 d ~~ U d' W ~ ~? `~ S A~"~ ~~~ N P7 ~~ zz zo ~a F O H a oa ~' ti w Q 0 O D O ~ O p O z ~i ~ 0 W G7 d ~ o °d° ~ Ri ~ ~ .~ $ ~ `~ g C ~ ~ C .. G ~ ~ D CI ~ ~ p ~ ~ ~ ~ ~ ~ d Y k ~ ~~ s ° aw Wdaa ~~ d<.~C~ i1C V CW .. '" a 'C a ~ ~ c ,~ 0 v'~ O a P: F b u 0 u yb 8T ,c° m .~ r E:hUtit A COMMUNITY DEVELOP~~ GAT PROGRAM. AcFNt^Y DESCR~fl~L PROJECT k: ~Jf{ - Ot'o- 3 DATE: t:~hn,nrV IO. ZOOS PROJECT NAME do ADDRESS: AppLICANT AGENCY: - ~ Xenia Coordinating Cotmcil Carateae Adult Care Cent Name: ,eccc en.,,rlele A~,e. Addraa: 4 Rcnc 3033 - ~.r..nn. CA 95070 cg„~toaa. CA 95Sl70 emaU Addrw: CoataM Person Telephone: (4081_, 8._ 6~ 3 8toga.ca.ua FAX : '•no~ acg.9S45 gROJE~"t' DESCRI3~1ON of the Saratoga Area Sonia The Saratoga Aduh Care Comer is a rated as as tenon frt agartizet7°n in 1979. SASCC alw Coordinating Council' (SASCC) incorpo e olda, aduha. Recognizing the needs operates the Saratoga Senior Center for more active, ind ~ Satstoga Adult of the aging population, supported by a community assessment. SASCC opened Care Center in 1988 as the first facility in Santa Clara Coumy designed and buih apeoiRal>Y~.lifa aduh care center. It provides much needed respite fa caregivers.and promotes a higher qua ity ct is at much less cost to both family members and Public sgencid. fa the parti 'pan The Saratoga Adult Can Comer's main objectives are to pnvem or delay institutionalization of the frail elderly, enable them to amain in their homes fa as long as possible and improve the quality of life for the participants-and the caregivers. The need for this service will aces] ~t>k ages. Independent studies show that by the year 2010, Sattta Clara County P~1 85 years of age and over is expected to double resulting in an ittp ~ n~c as~l OWN. fr~ 200 m the projected increase in this age group in Saratoga alone is ex 2008. The Saratoga Aduh Care Cenur opened in January 1988 and has st~ilyninc~reased >~ ~ average open from two at the onset to five full days weekly by February one time, with well over 350 visits number of families served monthly increased from 9 to 42 at atty. by participants each month. This increased util~ tion val~idrta ~~ pa daYatlte ~~ ~21 Though licensed by Community Care Licensin for 30 tei participants per day. This assures each participant plenty of otte-on-one time with otu' esststattts and volunteers. Participants come from the surrounding areas of the West Vel k ~ ~~~ ding Saretoga, Los Gatos, Santa Clara, Campbell, San Jose, Mountain View, SunnY~' Council is responsible fs the 77~e Board of Directors of the Saratoga Ara SenwrCOO~ ~ of the Executive Directs who -- Saratoga Adult Care Center. The Center operates under ~ full-time Fmgt~ y with the Aduk Care Center Adviaa'Y ~• . p~;p~. 7be works closel eda with ~ }xlp tune ~'o~ oversee activities, entertainment end P%I of experience work~Og with $ail elders. Five vohtnteera staff is highly trairrod, each with marry Y~ supplement the six paid staff' end provide between S75• t0 700 htrCee ~ service °n°~' ,., w .~ w p y'i O~ ~ r• ' M M p Y i +~1 k G a. • ,iM u.. ~ii~oa o ui w 7 i a Ypp .~ w rypl + M ~ y O O ~. 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Ezbibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 290S/2006 AGENCY DESCRIPTION DATE: ~y o D PROJECT #: S,~ - d 6'4.~ APPLICANT AGENCY: PROJ~E~C~T NAME & ADDRESS: Name• ~ -~fc~rllt,[ {IU-t~ifi'n.~~~cc~+/~r ~- ~^p~+a~ - Address//• /• /• U • 80'x( /Z~3~?..c~L r L /~ - 'T 1~e~u~ ~' .l(?N dr ~5lwa~._fl_«'uZ w~' ~; ~7`rlt S ..y~ Contact~Pe s'b elep o e• j~oE . ~.~~ email address: FAX: PROJECT DESCRIPTION o~' ~~~o•c ~ 7~ ~"~ ~s ,~-.D ~t S ~ - a 3 - ~J Ct 114c.~`rM ~ ff.'s ~'~ .s .,~ 5l J D d ~ . Ezhfbk A COMMUNITY DEVELOPMENT BLOCK GRANT' PROGRAM FY 2005nA1b AGENCY DESCRIPTION DATE• ~EB ICS x'005 PROJECT: APPLICANT AGENCY: Name• ~HoMAS SCOTT Address: 13 ~'~~' ~RvITVA1.E I~YE SAlcsrzo~a ~ CAS 9500 PROJECT NAME 8c ADDRESS: GI'f`( k}k4.'R~oH/rTK-O0et5 Contact Person TelepLone: $b8 -12~~ email address: FAX PROJECT DESCRIPTION v' • • prLOVID£ THE t1ATEQ1^LS AN9 LAdO~L TO fI+STAtL CS)Tµ~E K~NDICAPILO l~vJ1NG~ Doo2 OPEw4TeRS AT C3)THK~E Ek15'~~N~ LYfY a~aL DDOR~S. ~U6-t- ~jCbPE OF WORk Wl~-~- tNG4UDE C~tGTRIUL A-ND (?-~TWe ~A'4F RA'D10 feN'12.oL PuSN- 60 TToN mfENE2. THe NCW Doe RS 4)iw pt: ~tT Tµ~ PvgnlNlNy~F3uiLGINy GouNTERC-NT~`t ~COfLITfFEl;t'1~'~''C`rE'ES~N~'`~ DeoR L[kDtr14 Tb TH6 Go P4 2ooM~ /4(vD 'TItE M~4rn! DooR LCADrNy 'zb `iME /~DPIrN~STKItT1d£ SERV~Ger`5.4REJk aNO KArN p~GEDTONA~R.~, rvED ~R-. PKK.E con PAk-tSON. 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September 26, 2005 APPLICANT AGENCY: Name: City of Saratoga Address: 13777 Fruitvsle Avenue Saratoga, CA 95070 Contact Person: Shweta Bhatt, Assistant Planner Telephone: (408) 868-1266 Email address: sbhatt@saratoga.cs.us FAX : (408) 868-8555 PROJECT #: SA-06-42 PROJECT NAME & ADDRESS: City ADA Improvements McWilliams House Allocation: 523,810.00 PROJECT DESCRIPTION ,../ Please see attached. ~ EXHIBIT A nnnyF: AF WORK The qty will require consultant services which includc, but ate not necessarily limlt:ed to, the preparation of: Re lace front and rear orches with ram at rear to meet ADA • Ad olindation plates at existing foundations Foundation vents -added at existing painting -exterior and interior • Mold assessment - by Previous review report • Windows- 6 double-hung windows re-gland/ repaired/ re-hung Replacx exterior wall at rear to match existing construction . • Add one (1) interior wall at rear room to divide Review grouting at fireplace- regrout and caulk as required • Interior Aoora -review and refinish as required • Electrical work -review requirements and leave existing electric baseboard heaters and electric water heater Include addition of store room shown on grant plans • Interior and exterior doors to remain for historical integrity • No new heating, ventilating, or air conditioning is required No plumbing changes required to meet ADA The design and development of plans and specifications for the restoration of the house according to the Secretary of the Interior (}uidelinea ..Supervise the selection of materials • Assist with the selection of an appropriate general contractor provide construction observation services during restoration Ensure that the Historic Building Safety Code Standards are met EXHIBIT B PAYMENT I, TATAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Twentv-thousand dollars ($20,000) for work ~ be performed and reimbursable .costs incurred pursuant to this Agreement, The total sum stated above shall be the total which City shall pqy for the work product to be provided by Contractor pursuant to this ._.. Agreement. ~~ oa/is/oi AyTERATI~B TO OvTyIli~ OF WORK FOR THH ADDITION AND 1,a~ HISTORICAL PARK THH JAMB ~WILLLAMS HOUSS~TO(s~-, CA 95070 IAS ~,1,~_H~RATOQA ROAD, November 28~ 2003 following The basic outline of work fnr this project includes the items. Constructed over the existing 1, .Addition of Store Room - foundation that remains fr~5ts~81edfeatrin aizeawith The area is approximately the main gable a gable roof with the slope ~t~Thegstuda shall be roof of the existing buildinq• with redwood siding to sheathed with 1/2" thick p1yw~Tha walls floors and .match the existing building. ceiling shall have approved insulation. The interior. walla and ceiling shall have 5/8"' thick sheetrock. The flooring will be 12"x12"' vinyl compositiosi tiles and rubber topset base. The roofing shall be a Claaa A Composition Shingle to match the ,existing. 2, Front Porch - The floor framinq~ flooring, stairs, poata-~ and railing shall be removed and replaced with the porch floor the same requizementae mThe replacing. the buildinq.to meet A,~-. at the left side of of the porch shall include a tarp the building and to the brick wa=otasnd/orntarmiteatof No. 1. All damaged wood by drY the maia s~terial shall be ofpconstructionfgr~adeq ~d deck/ramp las Fir with posts and • .Redwood or P1eradeeRedwood. Doug railing of A q floorinq~ and stairs 9. shal emoved and replycedgsame as front porch except for the installation of a ramp. q, Exterior Bork - Other work shall include the following: fired the brick fireplace and s) Re-grouting as re~Nat the aiding. chimney especisllY replaced b) The front and ilea bytthe FireMa;rshall ~ as may be raga windows shall be re-glazed c) The six (6) double-hung and re-hung. iced for code d) Foundation vents shall be raga required ventilation. e) Gutters and rain water leaders shall be replaced. W nM~ W N a :~ t. N F. .O 8 d w -~. a m A N O 3 w d~ v '~ go as a 8 a d' ~~ ~U U zz ~ ~' ~a b a d b pp M '~ v ~ Pw u 'p ~ ~ ~° QaQ ~ a a a as ~ a ~i ~'i U ~" da d d~ U U N "s~ ~~ N p y1 h O pq app OpA ~ N N O ~ N O 'a y ;~ _ '.~ N h V V] ~ Vo1 W ~ F. ~ Op C ~ C ~° ~ ~ d A a a~~~ e ~~ ~ ~ ~ ~ d u ~~ ~ ~ 8 ~ ~ 6$ o~ .~ ~~ 6 S o 0 e a N a: r~` a s N U U E+ '.'9 ~ O ~ U ~+ N td G 'ir ~ .--~ a ~ ~ ~ c ~ ~ p1~ ~ ~ ~ SAi ~ p ~ ~~~~oo v' w '~ 00 ~ ~ ~ ^ `O z o a wg~ .~p,~~UppO~° ~ ~$ y~ o~ ii~.r- g ~q ~~~ c o;d~7 ~~U~v~aw~ a U W o ~° 8 d$ N w a 0 a w S a . z 7~ ~ DC 5 $ .9 ~ ~ ~ a, a oa ~' ~ w A ~ Q z ~ o ~ a ~ ~ r d U ~ .+~~~' 'd1' w0 ~'! d ~ o ~ ~jjQ' ~ ~ .. v ~ ~ ~ ~ N E Vj ~ ~ Q ~ U ~ ~ ~ C e V ~! 1r p a~ ~ e U fU/1 ~ a ,, j2 U pw ~J" 1S V ~ y ~ o 3 y adi S 4 v S Q rWh ~y~ .A~ Z O N w~q~ r [~ N a+ d h F. A O 3 N a ~s ~o se a.• aa~ o~ ~_ UU zF U ~a as p C ~ d N E,, A ~, vs ~ .8 ~aD+ daa4 o~~ ~- o a .. ~~~ ~ a o~ yy HGS Y H ~ [ W A H A .., •7 w Q ° z OUF W c~ o ~ ~, u 0 ~ u a W C ~ ~ ~ ~ a ~ ~ ~ W ~~H~ w a ac"a ~ ~ ~ ~ ~ ~ ` 0 ~ O p: a F .~ NEW PROJECT FOR 2005/06 PROGRAM YEAR PROJECT NUMBER: SA-06-53 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 AT.T.O(`ATION: $2Q000 PROJECT DESCRIPTION: This project covers the cost of cooperative rehabilitation services provided by the County to the City of Saratoga. 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. NEW PROJECT FOR 2005/06 PROGRAM YEAR PROJECT NUMBER: SA-06-91 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 Associate 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 2005-2006 funding cycle. SARATOGA CITY COUNCIL E: October 5 2005 AGENDA ITEM: ~~ MEETING DAT ORIGINATING DEPT: Administrative Svcs CITY MANAGER: ~~ ~~ ~ Dave Anderson PREPARED BY: DEPT HEAD: ichele Braucht iC ele T3uCht SUBJECT: Extend current contract for annual audit services with Caporicci & Larson, LLP for an additional two years of auditing services. RECOMMENDED ACTION Per the contract that was signed May 2001, by written agreement, extend the terms of the contract for an additional two years of service at a price not to exceed $96,490. REPORT SUMMARY Without an extension, the current agreement for auditing services with Caporicci & Lazson, LLP will expire in December 2005, or upon completion of the FY 2004-OS yeaz end audit, which ever comes first. ~"' Staff is currently working in conjunction with the auditing team from Caporicci & Lason, LLP to complete a variety of projects that aze in progress, that will enhance our internal controls, and improve accountability. These projects include azeas such as; a refinement of the methodology used by the Community Development Department and the Public Works Department to track and record deposit accounts; the reconciliation and re-structuring of the accounting process for the Land and Light Districts, for the Public Works Department, to account for each District as an individual Fund and eliminate the co-mingling of cash between Districts. Staff recommends that the contract with the current auditing firm of Caporicci & Lason, LLP be extended for an additional two yeazs to allow for the completion of the cun•ent work in progress. FISCAL IMPACTS The annual audit is included in the General Fund, Financial Management Program contract services budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION Limited staff resources will be redirected from current projects to fulfill the requirements of an 1tFP and selection process for auditing services. .,~ ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A -Proposal from Caporicci, Cropper & Larson, LLP to perform two additional years of auditing services. CAL Caporlcd & Larson Cerd,/lcd i°ubJic Accountants September 22, 2005 Ms. Michele Braucht Administrative Services Duector City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Michele: As you are awaze, our current audit contract ends with the completion of the 2005 audit. I would like to take this opportunity to thank you for the confidence and support the City has provided us over the years. I would also like to take this opportunity to present this letter for extending the Caporicci & Larson audit contract with the City. This letter presents an extension of our audit contract to include the fiscal years ending June 30, 2006 and 2007. The objective of our audits is to issue an opinion regarding the fairness of presentation of the firtattcial position for each yeaz ni accordance with generally accepted accounting principles. The audits to be performed will follow generally accepted auditing standards, U.S. General Accounting Offices Government Auditing Standards, Single Audit Act, and OMB A-133. A timeline for the audit work will be as follows: Phase of Audit Work 2006 2007 • Interim/Internal Control May/June May/June • Year-End Early October Early October Financial Reporting October October Presentation of Audit to Cit~Council 2nd Meeting 2~ Meeting • Presentation to City Council in November in November ' Note: At this time, there would be no report to the Cit}/s Finance Committee. Our proposed professional fees to perform the audit services to the City for the years ending June 30, 2006 and 2007 are as follows (same fee as fiscal year 2005): 2006 2007 City of Sazatoga $ 48,245 $ 48,245 We stand ready to provide the level of service and commitment for which the City has become accustomed. If you have any questions, please feel free to call me at our toll-free number (877) 862-2200, ext. 129. Siruerely, ~/ ~,,,, Gary Caporicci Senio artner To8 Pm Ph: (877) 862-2200 O•kLad ~+••a• C••nh 180 GnndAVe.,SWte 1363 3184~DAirwayAVCnue Oakland, Cae(omia 94612 Coen Mesa, Ca9fotnia 92626 Toa Ftee Fu: (866) 43(x0927 8•crsamio 9•e Ulea• 7T/ Campus Common Rd., SW[e 200 4958 Mmcnry, State 105 Satxunrnto, Callfotnla 93923 San Diego, fa9fatnia 92111 SARATOGA CITY COUNCIL MEETING DATE: October 5, 2005 ORIGINATING DEPT: Recreafion AGENDA ITEM: CITY MANAGER: ~~/~~ PREPARED BY: Joan Pisani DEPT HEAD: SUBJECT: Metro PCS Lease Agreement for Communication Site at Saratoga Community Library RECOMMENDED ACTION(S): Authorize the City Manager to execute a lease agreement and sign the Memorandum of Agreement with Metro PCS for lease of property at 13650 Saratoga Avenue. REPORT SUMMARY: Metro PCS has requested the execution of a communications site lease agreement for the purpose of installing, operating and maintaining a wireless communication facility on property near tbe Saratoga Community Library building. The agreemern states that Metro will construct and maintain a flagpole, including lights on the flagpole, and a storage facility to house the equipment. The tens of the lease agreement will be five years and Metro PCS will pay a rental fee of $1800 per month for a total of $21,600 per year. Metro PCS first approached tbe city in March 2004 about the possibility of installing a cell site at the Library. Once the proper permits were issued, Christy Oosterhous worked closely with Metro PCS through the Community Development process and the Planning Commission review. Also, this project was discussed at a L'brary Commission meeting in order to answer questions and discuss concerns. Iveta Harvanc~7:, in the Engiraxring division, worked with Metro PCS to provide the legal description of the property. Also, Richard Taylor has reviewed all documerns. Other highlights of the contract are listed below: • The lease is renewable for an additional 5 years, with an automatic rate increase of 20%. • Metro PCS will be responsible for maurtaining the flagpole and replacing the flags, when needed. • Metro PCS will install and pay all for all utilities related to their communication site. • Metro PCS will contribute $2500 towards a Saratoga Community L'brary sign. FISCAL IMPACTS: The City will receive an increase in revemae of $21,600 per Year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Metro PCS will not lx able to install a communication site at the Saratoga Community Lbraty. ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): The City Manager will sign and execute the agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Communications Site Lease Agreement 2. Exhibit A: Description of Lessor's Real Property 3. Exhibit B: Description of Premises 4. Exhibit C: Memorandum of Agreement RECORDING REQ RDED Mp1LTO pND WHEN RECD ldetroPCS CelifmnialFlorida, Inc. 8144 W s)m+t H3A Lane. Suite 1300 Dallas, Tarn 75231 Aana Property Management Site N SF07100B MFM[)RANDCIM OF LEASE AGrtN:MM=1yt~rv"1_~ This Memorandum of Agreement is entered into on this _ day of 2005, by end between City of Saratoga, a Municipal corporation, with an office at 13777 Fmitvale Avenue, Saratoga, CA 95070 (hereinafter referred to as "Leuor'~, and MetroPCS Califontia/Floride, Inc., a Delaware corporation, dlb/s MetroPCS, with an office at g144 Walnut Hill Lane, Suite 500, Ddln, Texas 75231 (hereinafter referred to as "Lessee")• 1. Lessor and Lessee entered into a Communications Site Lease Agreement ["Agreement"] on the day of 2005, for the purpose of installing, operating and maintaining a communicatioro facility arul other improvements. All of the foregoing is sal forth in the Agreement. 2. The term of the Agreement is for five (5) years commencing on the date Lessee is issued a building permit for construction of Lessee Facilities, or twelve (12) months from full execution of the Lease Agreement. whichever fmt aocurs ("Cornnrencemenotns~to renew.tln onevent shaldl the term o~the Agreemem ~ N.~t Datey~ fav (4) wccaaaive five (S) year p 3, The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. IN WfINESS WHEREOF, the parties have executed this Memorandum of Agreement n of the dry and year first above wrigar. LESSOR: LESSEE: City of Saratoga, a Municipal corporation MetroPCS Califomia/Florida, Inc., a Delaware corporation, d/b/a MturoPCS By: By: Name: ~ .raveslV Narrc: 71t1e: Vice President ~ GwtgaLMeoe¢ez Title: Date: Date: By: _ Name: rye: Date: STATE OF COUNTY OF . before me, ,Notary Public, personally appeared On ,personally known to me (or proved to the on the basis of satisfactory evidence) to be the person(s) whoa name(s) is/ate subscribed to the within instrument and acknowledged to me that heJshe/they executed the same in his/her/their authorized capacity(ies), end that by his/1terAheir signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(a) acted, aeecutad the instrotttent. WITNESS my hand and official seal. (SEAL) Notary Public STATE OF COUNTY OF ~ • ~.~ me ,Notary Public,~~l~ kaitp~ the (or proved to the on the basis of satisfactory evidence) to be the person(s) whoa name(s) ia/are subscribed to the within itttntvtnmt end acktowledged to the that hdshehhey executed the same in hisRiv/their authorized capacity(ies)• std that by hiaTherhheir signature(s) tm the irtsWmptt, the person(s), or the entity upon behalf of which the person(a) acad. execurod the instrumwtt WITNESS my hand and official seal. Notary Public (SEAL) STATE OF COUNTY OF .before me, ,Notary Public. personeliY aPP~ Oa ,personally known to the (a proved to the on the basis of satisfactory evidence) to be the person(s) whoa nattte(a) is/are subscribed to the within instrument and ackmowledged [o me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrutttent, the person(s), or the entity upon behalf of which the person(s) acted, exeated the insWtent. WITNESS my hand and official seal. (SEAL) Notary Public E7(IIIBTf A DESCRIPTION OF LAND to Oie Agceetnenl aatea , 2005, by end between City Of SuatOga, a Municipal COip(IiaU011, a6 Le4sa, and Me[roPCS CalifomialFlorida 1nc., a Delaware corporation, d/b/a MetroPCS, as lessee. The Lend is described and/or depicted as follows: SUBJECT PROPERTY DESCRBPTION (A.P.N. 397-30-053, PORTION) IN THB STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF SARATOGA, BEING A PORTION OF THE LANDS DESCRIBED IN EXHIBIT "A" OF GRANT DEED, RECORDED 03!28/1973, IN VOLUME 0298 AT PAGE 269, SANTA CLARA COUNTY OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A (LEASE AREA) COMMENCING AT THE INTERSECTION OF SARATOGA AVENUE AND FRUTTVALE AVENUE, AS SHOWN ON MAP OF TRACT 1756, RECORDED IIV BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THfi CENTER[.IIVE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST ]08.25 FEET, SOUTH 52°15'00" WEST 544.82 FEET; THENCE LEAVING SAID CENTERLINE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 100.86 FBET TO THE POINT OF BEGINNING; THENCE NORTH 89°53'44" EAST 9.30 FEET; THENCE SOUTH 00°06'16" EAST 16.00 FEET; THENCE SOUTH 89°53'44" WEST 9.30 FEET; THENCE NORTH 00°06'15" WEST 16.00 FEET; TO THE POINT OF BEGINNING. CONTAINING 149 SQUARE FEET MORE OR LESS. PARCEL B (ACCESS EASEMENT) A STRII' OF LAND 10.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF SARATOGA AVENUE AND FRUTTVALE AVENUE. AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 700.00 FEET; TI3F'NCE LEAVING SAID CENTERLINE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 29.96 FEET TO A POINT BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SARATOGA AVENUE ,SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 37°49' 19" EAST 103.06 FEET; THENCE NORTH 52°04' 17" EAST 103.16 FEET; THENCE NORTH SS°41'32" EAST 47.59 FEET; THENCE NORTH Ol°06'28" EAST 11.63 FEET; THENCE DUE WEST 8.01 FEET TO A POINT AND BEING THE END OF THE HEREIN DESCRIBED LINE. THE SIDELINES OF SAID STRB' TO BE LENGTFIENED OR SHORTENED SO AS TO COMMENCE ON THE SOUTHEAST RIGHT OF WAY LINE OF SARATOGA AVENUE. CONTAIIVIIdG 2735 SQUARE FEET MORE OR LESS. PARCEL C (UTII,ITY EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF TILE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF SARATOGA AVENUE AND FRUITVALE .AVENUE, AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 590.10 FEET; THENCE LEAVING SAID CENTERLINE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 94.28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 31°22'41" WEST 7.38 FEET; THENCE NORTH 43°51'54" EAST 29.56 FEET; THENCE DUE EAST 22.55 FEET TO A POINT HENCEFORTH KNOWN AS POINT "A"; 'I1H?NCE CONTINUING FROM SAID POINT "A" DUE EAST 73.57 FEET TO A POINT HENCEFORTH KNOWN AS POINT "B"; THENCE CONTINUING FROM SAID POINT "B" 25.24 FEET TO A POINT ON THE LINE OF AN EXISTING BUII.DING AND BEING THE END OF THE SH RINTENED OAST TERMINATE ON SAID LINE OF AN EXISTIlVG BUII OR CONTAINING 792 SQUARE FEET MORE OR LESS. PARCEL D (UTILITY EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT POINT "A" AS DENOTED IN HEREIN DESCRIBED PARCEL C; THENCE LEAVING SAID POINT "A" SOUTH 00°00'06" EAST 4.43 FEET TO A POINT AND BEING THE END OF THE HEREIN DESCRIBED LINE. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN HERI=IN DESCRIBED PARCEL C. CONTAINING ]0 SQUARE FEET MORE OR LESS. PARCEL E (UTII.IT'Y EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT POINT "B" AS DENOTED IN HEREIN DESCRIBED PARCEL. C; THENCE LEAVING SAID POINT `B" DUE SOUTH 5.06 FEET TO A POINT ON THE LINE OF AN EXISTING BUII.DING AND BEING THE END OF THE HEREIN DESCRIBED LINE. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED SO AS Tp TBRMIIdATE ON SAID LINE OF AN EXISTING BUILDING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING W1THIId HEREIN DESCRIBED PARCEL C. CONTAINING 13 SQUARE FEET MORE OR LESS. BEARINGS SHOWN HEREON PER, 73 M, 30, SANTA CL.ARA COUNTY.RECORDS. BEARING OF TILE CEN'T'ERLINE OF SARATOGA AVENUE BEING TAKEN AS NORTH 52°15'00" EAST. APN: 397-30-053 • COMMUNICATIONS SITE LEASE AG1tEEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease Agreemeut'~ dated as of _, is made by and between MetroPCS CalifornialFloritla, I9C., a Delaware corporation, d/b/a MetroPCS ("I.essee'~ and City of Saratoga, a Municipal rntporation ("I.easor'~. RECITALS This Lease Agreement is entered into based upon the following facts, circumstances and un~prstandings: A. Lessor owns certain real property legally described in Exhibit "A" attached hereto and commonly known as 13650 Saratoga Avenue, Saratoga, CA 95070; Assessor's Parcel Number 397- 30-053 ("Lessor's Real Property"). Lessee desires to lease a portion of Lessor's Real Property with any necessary easements over other portions of Lessor's Real Property and/or shared use of Lessor's easements over other real property. necessary for Lessee's access and utilities to the leased area (altogether the "Premises°), as described on Exhibit "B" attached hereto. Lessor represents and warrants that it has full rights of ingress to and egress from the Premises from a public roadway. B. Lessee is a communications carrier that desires to conswct and operate a wireless communications site at the Premises as part of its communications network. C. Lessor is wilting to lease the Premises to Lesser for Lessce's proposed use subject to the terms and conditions of this Lease Agreement. WHEREFORE, the parties hereto agree as follows: 1. Grant of Lease. Lessor hereby leases to Lessce the Premises for Lessee's proposed use, subject to the following terms and conditions. 2, permitted Uses. The premises may be used by Lessce for the operation of a wireless communications site. Under this Lease Agreement, Lessee tnay install. Place, use and operate on the premises such antennas, radio transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines and facilities, supporting swctttres, storage facilities, and related equipment (collectively "Lessee's Facilities") as Lessee reasonably dcems necessary for the operation of its wireless communications site at the Premises, subject to the terms and conditions of this Agreement. Further, Lessee may perform conswction, maintenance, repairs, additiona to, and replacement of Lessee's Facilities as necessary and appropriate for its ongoing business and has the right to do all work necessary to prepare, modify and maintain the Premises to accommodate Lessee's Facilities and as required for Lessee's communications operations at the Premises. Page 1 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 3, Conditions precedent• Prior Aunrovals. This Lease Agreement is conditioned upon Lessee obtaining all governmental licenses, pernvts and approvals enabling Lessce to construct and operate wireless communications facilities on the Premises. Lessor agrees to cooperate with Lessce's reasonable requests for Lessor's signatures as real property owner on permit applications, for allowing site inspections by governmental agencies requited in connection with reviewing petmlt 1lPp}1C8t1011S, 8[Id for assistance in obtaining such necessary approvals, provided that such cooperation and assistance shall be at no expense to Lessor. 4. Term. The term of this Lease Agreement ('"Term") shall be five (5) years commencing with the issuance of a local governmental building permit allowing Lessee to construct Lessee's Facilities on the Premises or twelve (12) months from the date of full execution of this Lease Agtcetnent, whichever occurs first ("Commencement Date"). Lessee shall promptly deliver written notice to Lessor of the Commencement Date. Lessee shall have the right to extend the Tetra of this Lease Agrcement for four (4) additional terms (each a "Renewal Term") of five (5) years each. The terms and conditions for each Renewal Term shall be the same tetras and conditions as in this Lease Agreement, except that the Rent shall be increased as set forth hereinbelow. This Lease Agreement shall automatically be extended for each successive five (5) year Renewal Tetra unless Lessee notifies Lessor in writing of Lessee's intention not to extend this Lease Agreement at least thirty (30) days prior to the expiration of the first year Term or any Renewal Term. 5. Rent and Other Consideration. (a) Within fifteen (IS) days of the Commencement Date, Lessee shall pay Lessor, as rent, the sum of Eighteen Hundred dollars exactly ($1800.00) ("Rent'? per month. Rent shall be payable on the first day of each month, in advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices and Deliveries. ff the Commencement Date of this Lease Agrcement is other than the first day of a calendaz month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences, and thereafter Lessee shall pay a full month's Rent on the first day of each calendaz month, except that payment shall be prorated for the final fractional month of this Lease A®reement, or if this Lease Agreement is terminated before the expiration of any month for which Rent should have been paid. Rent shall be adjusted as of the fifth (5'~ anniversary of the Commencement Date of the Term and of any five (5) year Renewal Term by an increase of twenty percent (20%) of the Rent paid during the previous Term or five (5) year Renewal Term. (b) As additional consideration, Lessee shall reimburse Lessor up to Two Thousand Five Hundred Dollars ($2,500.00) for a new sign to be placed at the Saratoga City Library. Such reimbursement shall be made within thirty (30) days of Lessce's receipt of the original invoice from the sign company. (c) If the Rent is not received by Lessor on or before the thirtieth (30~ day following the due date, it shall be deemed delinquent. If the Rent is not paid before delinquency, then the amount due and unpaid shall be subject to a late charge at the rate of five percent (5%) of the overdue amouttq without limitation to Lessor's other rights and remedies under this Lease Agreerttettt. Page 2 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 6. Due lliti ence ~,onun c..c a,....... -._..-------- Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease Agreerttertt and prior to the Commencement Date, to enter the Premises for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and other reasonably necessary tests to determine the suitability of the Premises for Lessce's „ Facilities (`Due Diligence ), and for the purpose of preparing the Premises for the installation or conswction of Lessee's Facilities. During any Due Diligence activities or pre-conswction work, Lessee shall have insurance which covers such activities as set forth in Sectionl6, Insurance. Lessee will notify Lessor of any proposed tests, measurements or preconswction work and will coordinate the scheduling of such activities with Lessor. Tf in the course of its Due Diligence Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease Agreement prior to the Commencement Date by delivery of written notice thereof to Lessor as set forth in Section 13, Termination. 7. On¢oin¢ Access to Premises. Throughout the Term and any Renewal Term of this Lease Agreement, Lessee shall have the right of access to the Premises for its employees and agents twenty-four (24) hours a day, seven (7) days per week, at no additional charge to Lessee. In exercising its right of access to the Premises herein, Lessee agrees. to cooperate with any reasonable security procedures utilized by Lessor at Lessor's Real Property and further agrees not to unduly disturb or interfere with the business or other activities of Landlord or of other tenants or occupants of Lessor's Real property, Lessor shalt maintain all existing access roadways or driveways extending from the nearest public roadway to the Premises in a manner sufficient to allow for Lessee's access to the premises. Lessor shall be responsible for maintaining and repairing such roadways and driveways at Lessor's sole expense, except for any damage caused by Lessee's use of such roadways or driveways. If Lessee causes any such damage, Lessee shall promptly repair the same at its sole expense. Lessor shall not have unsupervised access to the restricted portions of the Premises, except in the event of an emergency. In the event of any emergency situation that poses an immediate threat of substantial harm or damage to persons or property that requires entry on the restricted portions of the Premises, Lessor may enter the'same and take such actions as are required to protect individuals or personal property from such immediate threat of substantial harm or damage; provided that promptly after such emergency entry, Lessor shall give Lessee notice of such entry. In addition, Lessor shall have the right to periodically enter the restricted portion of the Premises to visually inspect the facilities on reasonable prior notice to Lessee, which notice shall specify the date and time when Lessor seeks to enter the Premises. Lessor shall repair any damage it causes to the Premises or to Lessee's Facilities during any such entry. 8. Lessee's Work Maintenance and Repairs. (a) All of Lessee's conswction and installation work at the Premises shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Lessee shall submit copies of the site plan arid specifications to the Lessor for prior approval, which approval will not be unreasonably. withheld, conditioned or delayed. Lessor shall give such approval or provide Lessee with its requests for changes within five (5) business days of Lessor's receipt of Lessee's plans. If Lessor does not provide such approval or request for changes within such five (5) business day period, Lessor shall be deemed to have approved the plans. Lessor shall not be entitled to receive any additional consideration in exchange for giving its approval of Lessce's plans. Any improvements, modifications, alternations, or construction by Lessee shall be constmcted in strict confomtity with such approved plans and specifications. Nothing in this Agreement and no approval pursuant to this Agreement shall be conswed as a building permit, use permit, or other grant of approval pursuant to the Saratoga City Code. Lessee shall maintain Lessee's Page 3 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Sartoga, CA 95070 FIlVAL 9/28/2005 Facilities and the prermses in neat and safe condt~ to malt~an~repa trstto the Premises except for governmental regulations. Lessee shall not be requ damages to the Premises caused by Lessee, its employees, agents, contractors, subcontractors, sublessees, licensees, or invitees. Any damage caused to the Premises by Lessee, its employees, agents, contractors, subcontractors, sublessees, licensees, or invitees, shall be promptly repaired at the sole eXpense Of LeS3ee after providing timely notice of such damage to Lessor. Upon the expiration, cancellation or termination of this Lease Agreement, Lessee shall surrender the Premises in good condition, less ordinary wear and tear; however, Lessee shall not be required to remove any foundation supports for Lessee's Facilities or conduits which have been installed by Lessee. (b) As part of Lessee's construction of Lessee's Facilities, Lessce shall construct a flagpole on the Premises. Throughout the Term and Renewal Terms of this Lease Agreement, Lessee shall be responsible, at its sole cost and expense, for maintaining and repairing any damage to the flagpole, including the lights on and illuminating the flagpole provided, however, that Lessee shall not be responsible for repairing any damage to the flagpole or lights caused by Lessor's negligence or willful misconduct. Until this Lease Agreement terminates or expires, Lessee shall also replace the flag on the flagpole with a comparable flag when it becomes worn and frayed. 9, Title to Lessee's Facilities. Title to Lessee's Facilities and any equipment placed on the premises by Lessee shall be held by Lessee, provided however that the flagpole shall become the property of Lessor upon termination or expiration of this Lease Agreement. All of Lessee's Facilities except the flagpole shall remain the property of Lessee and are not fixtures. Lessee shall remove all Lessee's Facilities, with the exception of the flagpole, at its sole expense; such removal will be coordinated with the expiration or termination date of this Lease Agreement. Lessor acknowledges that Lessee may enter into financing arrangements including promissory notes and financial and security agreements for the financing of Lessee's Facilities with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. "Collateral" means Lessee's Facilities other than the flagpole. In connection therewith, Lessor (i) consents to the installation of the Collateral to the extent that the Collateral is part of the approved Lessee's Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Utilities. Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Subject to Lessor's approval of the location, which approval shall not be unreasonably withheld, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's Real Property in order to service the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute recordable easement(s) evidencing this right. Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. Upon Lessee's request, Lessor shall allow Lessee to install sub-metering equipment on existing Lessor utility service(s). Lessee agrees to install, at Lessee's .cost, the required equipment, meters and connections and will reimburse Lessor for Lessee's use of utilities at a rate equal to Lessor's unit cost for the utilities. Lessee shall pay the cost of utility service provided to the Premises and attributable to Lessee's' use ("Utility Charge"). Lessee shall pay the estimated cost of the Utility Charge monthly in advance. The parties estimate the Utility Charge at the comrrtencement of construction to be One Hundred Fifty dollars ($150.00) per month. During the term of this agreement, at Lessor's request Page 4 of 17 Site No.: SF07100B Si[e Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FfNAL 9/28/2005 (which request shall not be more frequent than once every twelve months), Lessee shall calculate the actual Utility Charge for the immediately precedtng twelve (12) months based on the readings from the privately installed sub-meter at Lessor's property. Any excess paid will be credited. to 1-assee's next due Utility Chazge and any shortage shall be paid by Lessee to Lessor within ten (]0) days of notice of such calculation. Upon the first anniversary of Rent becoming due, and On each SUC}1811Ti1VCTSiIT)I t`lCTC2fteT, 3i Lessor's or Lessee's opinion, the estimated Utility Charge paid by Lessee may be increased or decreased to equal the average actual Utility Charge paid the preceding year. Calculation of the actual Utility Charge due shall be made jointly by Lessor and Lessee. 11. Interference with Communications. Lessee's Facilities and operations shall not interfere with the communications configurations, frequencies or operating equipment which exist on Lessor's Real Property on the effective date of this Lease Agreement ("Pre-existing Communications") or which are installed in the future by the Santa Clara County Library ("Library Communication"), and Lessee's Facilities and operations shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). Upon written notice from Lessor of apparent interference by Lessce with pre-existing Communications or Library Communications, Lessee shall have the responsibility to promptly terminate such interference or demonstrate to Lessor with competent information that the appazent interference in fact is not caused by Lessee's Facilities or operations. Lessor shall not, nor shall Lessor pemtit any other tenant or occupant of any portion of Lessor's Real property other than the Santa Clara County Library to, engage in any activities or operations which interfere with the communications operations of Lessee described in Section 2, above. Such interference with Lessee's communications operations shall be deemed a material breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore Lessee shall have the right to bring a court action to enjoin such interference or to terminate this Lease Agreement immediately upon notice to Lessor. Lessor agrees to incorporate equivalent provisions regarding non-interference with Pre-existing Communications into any subsequent ]eases, licenses or rental agreements with other persons or entities for any portions of Lessor's Real property. Notwithstanding the foregoing, Lessee acknowledges that Lessor may elect to enter into agreements with other telecommunications operators, and that Lessee may be required to share certain . common facilities with such operators. It is the intent of the Lessor to consolidate and coordinate any such telecommunications facilities at the Premises in a logical manner in order to maximize use of space and minimize the impact (visual and otherwise) of telecommunications equipment and antennas. Lessce aclatowledges that it has no exclusive rights for operating a telecommunications facility on the Premises and that Lessor shall have the right to enter into leases, easements, licenses, permits, and agreements with other telecommunications operators, subject to the interference provisions above. Lessee agrees to reasonably cooperate with the other telecommunications operators and the Lessor to coordinate efficient collocation of equipment and antennas and to promptly resolve any interference issues that may arise due to the presence of multiple operators. Lessee shall operate within its FCC-approved frequencies and shall not materially alter the nature of its use or transmissions, or otherwise unreasonably interfere with the operations of any other telecommunications operators on the Premises. 12. Taxes. Lessce shall pay personal property taxes assessed against Lessee's Facilities, and Lessor shall pay when due. all real property taxes and all other taxes, fees and assessments Page 5 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/2g/2005 f attributable to the Premises and this Lease Agreement. Pursuant to California Revenue and Taxation Code section 107.6, Lessee is notified that the property interest acquired by m~terest in real property, and this Lease Agreement, may be subject to property taxation as a possessory Lessee may be subject to property taxes levied on that interest. 13. Termination. This Lease Ageement may be terminated by Lessee effective immediately without further liability by delivery of written notice thereof to Lessor prior to the Commencement Date for any reason resulting from Lessee's Due Diligence, or if a title report obtained by Lessee for Lessor's Real Property shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises for Lessee's intended use, or for any other or no reason.. This Lease may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that if such default is curable, but not curable within such sixty (60) day period, then within such period of time as is reasonably necessary to accomplish such cure (in order to avail itself of this time period in exrnossd'oa sixty (b0) days, the defaulting party must send to the other party, within the sixty (60) day pe written plan to cure the default, which is reasonably acceptable to the other party, and the defaulting party diligently commences and continues to performance of such cure to completion according to the. written plan); (ii) by either party if Lessee does not obtain licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities or is unable to maintain such licenses, permits or approvals despite reasonable efforts to do so; (iii) by either party if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of frequencies; or (iv) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including, without limitation, signal strength or interference. In the event of termination of this Lease by Lessce if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including, without limitation, signal strength or interference, which occurs at any tune within the Initial Term of this Lease, Lessee shall pay a termination fee in an amount equal to six (6) months of the then current Rent. The termination fee shall be paid within thirty (30) days of the effective date of termination of this Lease Agreement. Other than as stated herein, Lessor shall not have the right to terminate, revoke or cancel this Lease Agreement. 14. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged so as in Lessee's judgment to hinder its effective use of Lessor's Property for the ongoing operation of a wireless communications site, Lessee may elect to terminate this Lease Agreement as of the date of the damage or destruction by so notifying Lessor no more than thirty (30) days following the date of damage or destruction. In such event, all rights and obligations of the parties which do not survive the termination of this Lease Ageement shall cease as of the date of the damage or destruction. 15. Condemnation. If a condemning authority takes all of Lessor's Real Property. or a portion which in Lessee's reasonable opinion is sufficient to render the Premises unsuitable for Lessee's ongoing operation of a wireless communications site, then this Lease Agreement shall terrrrinate as of the date when possession is delivered to the condemning authority. 1n any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation recoverable under applicable condemnation law. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority. Page 6 of 17 Site No:: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 16. Insurance.. Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of Two Million Dollars ($2,000,000.00) Per ocwtrence, (2) Automobile Liability with a combined single limit of One Million Dollars ($1,000,000.00) per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of One Million Dollars ($1,000,000.00) per occurrence. Lessor, at Lessor's sole cost and expense, shall procure and malntain Ori the Property, bodily injury and property damage insurance with a combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessor, its employees and agents arising out of or in connection with Lessor's use, occupancy and maintenance of the Property. Each parry shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. Each party waives any rights of recovery against the other for injury or loss due to hazards covered by their property insurance, and each party shall require such insurance policies to contain a waiver of recovery against the other. 17. Assignments or Transfers. Lessor may assign or transfer this Lease Agreement to any person or entity without any requirement for prior approval by Lessee, provided that such assignee or transferee agrees in writing to fulfill the duties and obligations of the Lessor m said Lease Agreement, including the obligation to respect Lessee's rights to nondisturbance and quiet enjoyment of the Premises during the remainder of the Term and any Renewal Term hereof. Lessee may assign or transfer this Lease Agreement without prior approval by Lessor to any of its partners or subsidiaries or to a person tx entity acquiring by purchase, merger or operation of law a majority of the value of the assets of Lessee. Lessee shall not assign or transfer this Lease Agreement to any other person or entity without the prior written approval of Lessor, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof. (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 18. Subleases. Lessee shall have the right to sublease or otherwise allow any other communications provider to occupy space on any antenna structure or equipment enclosure instalhtd by Lessee at the Premises with Lessor's prior written consent, which consent shall not be unreasonably withheld, provided that any such sublessee shall be bound by all the duties and obligations of this Lease Agreement and that Lessee shall be primarily liable to Lessor for such sublessee's performance node this Lease Agreement. In any such sublease, Lessee shall be entitled to charge the subtenant rent a fees in order to recover the expenses which Lessee advanced to develop Lessee's Facilities at the Premises, to provide utilities to the Premises, and to recover its costs incurred to effect such subletting. 19. Nondisturbance and Ouiet Eniovment• Subordination• Estouoel Certificates. (a) So long as Lessee is not in default under this Lease Agreement, Lessee shall be entitled to quiet enjoyment of the Premises during the term of this Lease Agreement or any Renewal Term, and Lessee shall not be disturbed in its occupancy and use of the Premises. (b) This Lease Agreement shall be subordinate to each and every deed of trust, moRgage or other security instrument which may now or hereafter affect Lessor's Real Property and to any renewals, extensions, supplements, amendments, tradifications or replacement: P~ ~ of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenuc, Saratoga, CA 95070 FINAL 9/28/2005 confirmation of such subordination, Lessee shall execute and deliver promptly any certificate of subordination that Lessor tray request, provided that such certificate acknowledges that this Lease Agreement remains in full force and effect and recognizes Lessee's right to nondismrba~nan If ~t enjoyment of the premises so long as Lessee is not in default under this Lease Agree Y mortgagee or lender succeeds to Lessor's interest trt I,eSBOT'S Rl:al prOjle]'-y through a fOiCC~OSUiC proceeding or by a deed in lieu of foreclosure, Lessee shall attom to and recognize such successor as Lessor under this Lease Agreement. (c) At anytime upon not less than ten (10) days' prior written notice by Lessor, Lessee shall execute, acknowledge and deliver to Lessor or any other party specified by Lessor a statement in writing certifying that this Lease Ageernent is in full force and effect and rite status of any continuing defaults under this Lease Agreement. 20. Indemnifications. (a) Lessee's Indemnity. Lessee hereby agrees to indemnify and hold Lessor and Lessor's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) and injuries (including personal injuries or death) arising from or in connection with Lessee's use, operation, maintenance or repair of Lessee's Facilities at the Premises or access over Lessor's Real Property or Lessee's shared use of Lessor's easements for access to the Premises, except those resulting from the gross negligence or willful misconduct of Lessor or Lessor's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors. Lessee shall also indemnify and hold harmless Lessor from any third-party claims related to harmful effects from electromagnetic fields (EMFs) and radio frequency (RF), regardless of Lessee's legal compliance with applicable laws and regulations. (b) Lessor's Indemnity. Lessor hereby agrees to indemnify and hold Lessee and Lessee's officers, directors, partners, shareholders, employees, agents, contractors or subcontraMors harmless from and against any and al] losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) and injuries (including personal injuries or death) arising from or in connection with Lessor's use, operation, maintenance or repair of improvements on Lessor's Real property or Lessor's shared use of easements for access to Lessor's Real Property, except those resulting from the gross negligence or willful misconduct of Lessee or Lessee's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors. (c) Survival of Indemnity Provisions. The indemnity provisions of this section shall survive the expiration, cancellation or expiration of this Lease Agreement. 21. Environmental Issues• Historic Preservation• Hazardous Materials. Lessor represents that Lessor's Real Property is not subject to any environmental conditions, adverse impacts, or mitigation monitoring programs resulting from any prior environmental assessments conducted under the National Environmental Policy Act (NEPA) or the California Environmental Quality Act (CEQA) which could reasonably forbid, interfere with, or complicate Lessee's proposed use of the PremisePs~ 8rth;~ Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 Lessor represents that Lessor's Real Property has not been listed or been determined to be eligible for listing on the National Register of Historic Places, has not been identified or determined to be an historical landmark or located within an historic district or preservation district under applicable federal, state or local laws or regulations, and bas not been identified as an archeological site nor as a location of any archeological artifacts or other similar resources by amy pr10r SUIYI'.y OI S1Udy. NOtWlthSt2ildlilg the foregoing, Lessor discloses and Lessee acknowledges that the site of Premises is located within an orchard that has. been designated as an historic resource of the City of Saratoga Further, Lessor represents that neither Lessor's Real Property nor the Premises have been used for the generation, storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes as now or hereafter defined in the federal Solid Waste Disposal Act (SWDA; 42 U.S.C.§ 6901 et. seq.) or other federal or state environmental statutes or regulations. In addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near Lessor's Real Property or the Premises. Notwithstanding the foregoing, Lessor discloses and Lessee acknowledges that the Real Property is used for operation of a public library and that said use may involve the use and storage of certain of the foregoing substances in compliance with state and federal law. Notwithstanding any other provision of this Lease Agreement, Lessee relies upon the representations stated herein as a material inducement for entering into this Lease Agreement. Lessee shall not bring any hazardous materials onto the Premises except for those contained in its back-up power batteries (lead acid batteries) and common materials used in telecommunications operations, such as cleaning solvents. Lessee shall handle any hazardous materials it brings onto the Premises in accordance with all applicable federal, state and local laws and regulations. If any investigation or monitoring of site conditions or any cleanup, containment, restoration, removal, or other remedial work (collectively, the "Remedial Work's is required under any applicable federal, state or local law or regulation, by any judicial order, or by any governmental entity, or in order to comply with any agreement entered into because, of, or in connection with, hazardous substances brought on to or generated on Premises by Lessee, Lessee shall perform or cause to be performed the Remedial Work in compliance with such law, regulation, order, or agreement. All costs and expenses of such Remedial Work shall be paid by Lessee including, without limitation, all charges of Lessee's contractors, consultants, and engineers and Lessor's reasonable attorney's, architect's and/or consultant's fees and costs incurred in connection with monitoring or review of such Remedial Work. Tn the event Lessee shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Lessor may, but shall not be required to, cause such Remedial Work to be performed, and all costs and expenses thereof, or inwrred in connection therewith, shall be reimbursed to Lessor. Lessor and Lessce each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attomt5ys' fees and costs] arising from any breach of any representation, warranty or agreement contained in this paragraph. This paragraph shall survive termination of this Lease Agreement. 22. Notices and Deliveries. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight delivery service to the address of the respective parties set forth below: Lessor: City Clerk City of Saratoga Page 9 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga CA 95070 FINAL 9!28/2005 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868-1269 Facsimile: (408) 867-8559 Federal Taxpayer ID Number. 94-6030039 Lessor's Payee: Finance Department City of Saratoga 13777 Ftuitvale Avenue Saratoga, CA 95070 Lessee: MetroPCS Califomia/Florida, Inc. 8144 Walnut Hill Lane, Suite 800 Dallas, Texas 75231 Attn:' Property Manager Telephone: 214265-2550 Facsimile: 214265-2570 Lessor or Lessee may from time to time designate any other address for notices or deliveries by written notice to the other party. 23. Attorneys Fees; Litigation Costs. If any action at law or in equity is brought to recover any Rent or other sums under this Lease Agreement, or for or on account of any breach of or to enforce or interpret any of the covenants, terms, or conditions of this Lease Agreement, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law. 24. Miscellaneous. (a) Severability. If any provision of the Lease Agreement is held to be invalid or unenforceable by a court of competent jurisdiction with respect to any parry, the remainder of this Lease Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected, and each provision of this Lease Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) Bindine Effect. Each party represents and watrattts that said party has full. power and authority, and the person(s) executing this Lease Agreement have full power and authority, to execute and deliver this Lease Agreement, and that this Lease Agreement constitutes a valid and binding obligation of each party, enforceable in accordance with its terms. This Lease Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (c) Waivers. No provision of this Lease Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by the party against whom enforcement of the waiver is attempted. No custom or practice which may develop between the page l0 of 17 Siu No.: SF07100B Siu Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 implementation or administration of the terms of this Lease Agreement shall be construed to waive or lessen any right to insist upon strict performance of the terms of this Lease Agreement. (d) Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. (e) Survival. Terms and conditions of this Lease Agreement which by their sense and context survive the termination, cancellation or expiration of this Lease Agreement will so survive. (f) Memorandum of Lease. Lessor acknowledges that a Memorandum of Agreement substantially in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official Records of the County where the Property is located. (g) Entire Agreement: Amendments. This Lease Agreement constitutes the entire agreement and understanding between the parties regarding Lessee's lease of the Premises and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease Agreement must be in writing and executed by authorized representatives of both parties. (h) No Presumutions Regarding Preparation of Lease Agreement. The parties acknowledge and agree that each of the parties have been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this Lease Agreement. Accordingly it is the intention and agreement of the parties that the language, terms and conditions of this Lease Agreement are not to be conswed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this Lease Agreement. [SIGNATURE PAGE FOLLOWS] Page 11 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9!28/1005 IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the dates set forth below and acknowledge that this Lease Agreement is effective as of the date first above written. LESSOR: City of Saratoga, a Municipal corporation By: (Signature) Print Name: Title: Date: By: (signature) Print Name: Title: Date: LESSEE: MetroPCS CALIFORNIA/FLORIDA,ING, a Delaware corporation, d/b/a MetroPCS sy: (signature) Print Name: H C. Graves IV Title: Vice presidenUGeneral Mana¢er Date: Page 12 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 EXHIBIT A DESCRIPTION OF LESSOR'S REAL PROPERTY to the Lease Agreement dated , 2005, by and between City of Saratoga, a Municipal corporation, as Lessor, and MetroPCS California/Florida, Inc., a Delaware corporation, d/b/a MetroPCS as Lessee. Lessor's Property of which Premises are a part is described as follows: SUBJECT PROPERTY DESCRIPTION (A.P.N. 397-30-053, PORTION) IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF SARATOGA, BEING A PORTION OF THE LANDS DESCRIBED IN EXHIBIT "A" OF GRANT DEED, RECORDED 03/28/1973, IN VOLUME 0298 AT PAGE 269, SANTA CLARA COUNTY OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A (LEASE AREA) COMIvIENCING AT THE INTERSECTION OF SARATOGA AVENUE AND FRUTTVALE AVENUE, AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 544.82 FEET; THENCE LEAV WG SAID CENTERLINE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 100.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°53'44" EAST 9.30 FEET; THENCE SOUTH 00°06'16" EAST 16.00 FEET; THENCE SOUTH 89°53'44" WEST9.30 FEET; THENCE NORTH 00°06'15" WEST ] 6.00 FEET; TO THE POINT OF BEGIIVNING. CONTAIAiING 149 SQUARE FEET MORE OR LESS. PARCEL B (ACCESS EASEMENT) A STRIP OF LAND 10.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF SARATOGA AVENUE AND FRUITVALE AVENUE, AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF SARATOGA AVENUE 'THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 700.00 FEET; THENCE LEAVING SAID CENTERLBNE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 29.96 FEET TO A POINT BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SARATOGA AVENUE ,SAID POIIVT BEING THE POINT OF BEGINNING; THENCE SOUTH 37°49' 19" EAST 103.06 FEET; THENCE NORTH 52°04' 17" EAST 103.16 FEET; THENCE NORTH 55°41'32" EAST 47.59 FEET; 'THENCE NORTH Ol°06'28" EAST 11.63 FEET; THENCE DUE WEST 8.01 FEET TO A POINT AND BEING THE END OF THE HEREIN DESCRIBED LINE. 'TILE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED 50 AS TO COMMENCE ON THE SOUTHEAST RIGHT OF WAY LINE OF SARATOGA AVENUE. CONTAINING 2735 SQUARE FEET MORE OR LESS. PARCEL C (UTII.TIY EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: Page ] 3 of 17 Site No.: SFY17100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9!28!2005 COMMENCING AT TILE INTERSECTION OF SARATOGA AVENUE AND FRUITVALE AVENUE' AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNT]' RECORDS; THENCE ALONG TfIE CENTERLINE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 590.10 FEET; TI~NCE LEAVING SAID CENTERLINE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 94.28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 31°22'41" WEST 7.38 FEET; THENCE NORTH 43°51'54" EAST 29.56 FEET; THENCE DUE EAST 22.55 FEET TO A POINT HENCEFORTH KNOWN AS POINT "A' ; THENCE CONTINUING FROM SAID POINT "A" DUE EAST 73.57 FEET TO A POINT HENCEFORTH KNOWN AS POIIVT "B": THENCE CONTINUING FROM SAID POINT "B" 25.24 FEET TO A POINT ON THE.LINE OF AN EXISTING BUILDING AND BEING THE END OF THE HEREIN DESCRIBED LINE. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON SAID LINE OF AN EXISTING BUILDING. CONTAINING 792 SQUARE FEET MORE OR LESS. PARCEL D (UTII.TTY EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT POINT "A" AS DENOTED IN HEREIN DESCRIBED PARCEL C; THENCE LEAVING SAID POINT "A" SOUTH 00°00'06" EAST 4.43 FEET TO A POINT AND BEING THE END OF THE HEREIN DESCRIBED LINE. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN HEREIN DESCRIBED PARCEL C. CONTAINING 10 SQUARE FEET MORE OR LESS. PARCEL E (UTII11'Y EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT POINT "B" AS DENOTED IN HEREIN DESCRIBED PARCEL C; THENCE LEAVING SAID POINT "B" DUE SOUTH 5.06 FEET TO A POINT ON THE LINE OF AN EXISTING BUII.DING AND BEING THE END OF THE HEREIN DESCRIBED LINE. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON SAID LINE OF AN EXISTING BUILDING. EXCEP'17NG THEREFROM THAT PORTION THEREOF LYING WITHIN HEREIN DESCRIBED PARCEL C. CONTAINING 13 SQUARE FEET MORE OR LESS. BEARINGS SHOWN HEREON PER, 73 M. 30, SANTA l7.ARA COUNTY RECORDS. BEARING OF THE CENTERLINE OF SARATOGA AVENUE BEING TAKEN AS NORTH 52°15'00" EAST. APN: 397-30-053 EXHHiIT B Page 14 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Sarntoga, CA 95070 FINAL 9/28/2005 DESCRIPTION OF PREMISES to the Lease Agreement dated , 2005, by and between City of Saratoga, s Municipal corporation„ as Lessor, and MetroPCS Ca]ifornialEloritia,Inc., aDelawancorporation, dlble MetroPCS as Lessee. The Premises consist of those specific areas described/shown below or attached where Lessee's communications antennae, equipment and cables occuQy Lessor's Real Property. The Premises and the associated utility connections and access, including easetnents, ingress, egress, dimensions, and locations as described shown, are aQproxitnate only and may be adjusted or changed by Lesxe subject to Lessor's approval (such approval not to be unreasonably withheld) at the time of construction to reasonably accommodate sound engineering criteria and the physical features of Lessor's Real Property. SEE ATTACHED DRAWINGS (A final drawing or copy of a property survey or site plan depicting the above shall repbee this Exhibit B when initialed by Lessor or Lessor's designated agent and maybe modified from time to time when initialed by both Lessor and Ltssee.) Page 15 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28!2005 v ~• • EXHIBIT C MEMORANDUM OF AGREEMENT CLERK: Please return this document to: MetroPCS CalifornielFlorlda, Inc. 8144 Walnut Hill Lane, Suite 800 Dallas, Texas 75231 Attn.: Property Manager This Memorandum of Agreement is entered into on this _ day of 2005, by and between City of Saratoga, with an office at 13777 Fruitvale Ave., Saratoga, CA 95070 (hereinafter referred to as 'Lessor' ), and MetroPCS California/Fiorida, Inc., a Delaware corporation, d/b/a MetroPCS with an office at 8144 Walnut Creek Hill Lane, Suite 800, Dallas, Texas 73231 (hereinafter referred to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreenxnt ["Agreement"] on the _ day of , 2005, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for five (5) years cotnrnencing on the date Lessee is issued a building pemtit for construction of Lessee Facilities, or twelve (12) months from full execution of the Lease Agreement, whichever first occurs ("Commencement Date") and terminating on the fifth (5) anniversary of the Commencement Date, with four (4) succe:sive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. IN WTINESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: City of Saratoga, a Municipal corporation, By: _ Name: Title: Date: By: _ LESSEE: MetroPCS, Cslifomia/Florida, Inc., a Delaware corporation, d/b/a MetroPCS sy: Name: H C Graves N Title: Vice President /General manaeer Date: Page 16 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 -« w y Name: Tide: Date: STATE OF _ COUNTY OF lic, personally appeared ,personally known to to on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subsc ' to the within ment and acknowledged to me that he/shelthey executed the same in his/her/ authorized capacities , that by his/her/their signature(s) on the instrument, the persons the entity upon behalf of which rson(s) acted, executed the inswment. wrrNESS my hana ana Notary Fublic STATE OF COUNTY OF On Public, personally appeared to me on the basis of satisf within instrument and ac capacit(ies), and that i. behalf of which the n(s before me, personally 1 ry evidence) to be the person(s) whose name(s) vledged to me that he/she/they executed the same in is/are _, Notary me (or proved scribed to the her/their signature(s) on the instrument, the person(s), or the e~ty upon acted, executed the instrument. WITNESS my~rrd and official seal. (SEAL) Page 17 of 17 Site No.: SF07100B Site Address: 13650 Saratoga Avenue, Saratoga, CA 95070 FINAL 9/28/2005 RECORDING REQUESTED BY pND WHEN RECORDED MAIL TO: MetroPCS Cslifornia/Florida,lce. 8144 Walnut Hill Lane, Suite 800 Dallas, Texas 75231 Atm.: property Management Site SSF07100B EASEMENT In accordance with that certain Communication Site Lease Agreement dated 2005 (the "Agreement") by and between City of Saratoga, a Municipal corporation ("Grantor") and MetroPCS California/Florida, Inc., a Delaware corporation, d/b/a MetroPCS ("Grantee"), for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Grantor grants grtd conveys to Grantee, its successors and assigns, a nonexclusive easement (the "Easetent") for the purposes and over and across the portions of Grantor's land located at 13650 Saratoga Avenue, Saratoga, CA 95070; Assessor's Parcel Number 397-30-053 (the "Land") specified as follows: (1) an easement for use of the Lease Area in accordance with the Agreement over and across Parcel A as legally described in Exhibit A; (2) an easement for ingress, egress, and access to the Lease Area in accordance with the Agreement over and across Parcel B, and (3) an easement for utility uses in accordance with the Agreement over and across Parcels C, D, and E Parcels A, B, C, D, and E, referenced in the preceding sentence, are legally described in Exhibit A attached hereto and incorporated herein by this reference. The Easement granted herein shall run with the Land and be appurtenant to and for the benefit of the leased premises (the "Premises") more particularly described as Parcel A (L.ease Area) in Exhibit A attached hereto. The Land, Easement and Premises are all depicted in Exhibit LSl-F attached hereto. The Easement shall be coterminous with the Agreement. Grantor shall not use nor permit its successors or assigns or other grantees to use the Land in any manner which interferes with Grantee's rights under the Agreement. The benefits and obligations of this Easement shall be a covenant running with the Land and shall inure to and be binding upon the successors, assigns and heirs of the parties. SIGNATURE PAGE TO FOLLOW Dated this day of , 2006. GRANTOR: City of Saratoga, a Municipal corporation By: _ Title: GRANTEE: MetroPCS CalifornialFlorida, Inc., a Delaware Corporation, d/b/a MetroPCS By: Title: NOTARY PAGE TO FOLLOW Stau of County of pn ,before tne, ,Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he exewted the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. W1TNF.SS my hand and official seal. Notary Public My commission expires: State of County of (SEAL) pn ,before tne, ,Notary Public, personally appeared personally known to me (or proved to the on the basis of satisfactory evidence) to be the person whose Warne is subscribed to the within instrutent and acknowledged to me that be executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) My commission expires: EXHIBIT A See Attached Property Description EXfIIETT "A" e SUBJECT PROPERTY DESCRIPTION (AP.N. 397-30-053, PORTION) IN THE STATE OF CALIFORNIA, COUNTY OF SAN~'A CLARA, CTTY OF SARATOGA, BEING A PORTION OF THE LANDS DESCRIBED IN EXEIBTT "A" OF GRANT D®, RECURDEU 03/28/1973, IN VOLUME 0298 AT PAGE 269, SANTA CLARA COUNTY OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A rt.FncF AREA) COMMENCING AT THE IIs1ERSECTION OF SARATOGA AVENUE AND FRUTTVALE AVENUE, AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PACIES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE CENTERLINE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 544.82 FEET; THENCE LEAVING SAID CENTERLINE OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 100.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°53'44" EAST 9.30 FEET; THENCE SOUTH 00°06'16" EAST 16.00 FEET; THENCE SOUTH 89°53'44" WEST 9.30 FEET; THENCE NORTH 00°06'15" WEST 16.00 FEET; TO THE POINT OF BEGINNING. (`.ONTAINING 149 SQUARE FEET MORE OR LESS. PARCEL B (ACCESS EASEMENI~ A STRIP OF LAND 10.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LIIdE: COMMENCING AT THE IITTERSEC'I70N OF SARATOGA AVENUE AND FRUTTVALE AVENUE, AS SHOWN ON MAP OF TRACT 1756, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE (~N'1ERLINE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH S2°13'00" WEST 700.00 FEET; THENCE LEAVING SAID CENlERI.II~? OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERLINE 29.96 FEET TO A POINT BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SARATOGA AVENUE ,SAID PO1NT BEING THE POINT OF BEGINNING; THENCE SOUTH 37°49' 19" EAST 103.06 FEET; THENCE NORTH 52°04' 17" EAST 103.16 FEET; THENCE NORTH SS°41'32" EAST 47.39 FEET; THENCE NORTH 01°06'28" EAST 11.63 FEET; THENCE DUE WEST S.Ol FEET TO A POINT AND BEING THE END OF THE HEREIN DESCRIBED LINE. THE SIDELINES OF SAID STRIP TO HE LENGTHENED OR SHORTENED SO AS 1'O COMMENCE ON THE SOUTI~AST RIGHT OF WAY LINE OF SARATOGA AVENUE. CONTAINING 2733 SQUARE FEET MORE OR LESS. PARCEL C ([TI'II..TTY EASEMENT) A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF SARATOGA AVENUE AND FRUTI'VALE AVENUE, AS SHOWN ON MAP OF TRACT 1736, RECORDED IN BOOK 73 AT PAGES 30 AND 31, SANTA, CJ.ARA COUNTY RECORDS; THENCE ALONG THE CEN'IERi.INE OF SARATOGA AVENUE THE FOLLOWING TWO (2) COURSES; SOUTH 50°24'00" WEST 108.25 FEET, SOUTH 52°15'00" WEST 590.10 FEET; THENCE LEAVING SAID CENTERLII~ OF SARATOGA AVENUE SOUTH 37°45'00" EAST PERPENDICULAR TO SAID CENTERI-BdE 94.28 Fl~T TO THE POINT OF C:~.L317`PAS 2003 YR(7,IGCiSb1I?TRO PCS SF07N)Ol3 SAR:a PCXIA CIT} L.II3R:\Rl(7~FIC'8`SF0710UF38SHISI"f.A09- 12-03 P: { DOC ~Gp~.IING; THENCE NORTH 31°22'41" WEST 7.38 FEET; THENCE NORTH 43°51'54" EAST 29.56 FEET: THENCE DUE EAST 22.55 FEETTO APOINT HENCEPOR7'HKNOWN AS POINT "A": THENCE CONTINUING FROM SAID POINT "A" DUE EASE 73.57 FEET TO A POINT HENCEFORTH KNOWN AS POINT'B": THENCE CONTINUING FROM SAID POINT "B" 23.24 I~~. FI.~N nE~cR~ie~ ~L'1'~~SIDE[.iNES ~ S SfRe GLEN GGf E~NF~ OR T~ SHORTENED SO AS TO TERMINATE ON SAID LINE OF AN EXISTING BUII DING. CONTAINING 792 SQUARE FEET MORE OR LESS. PARCEL D (UTII.ITY EASEMENi') A STRIP OF LAND 5.00 FEET IN WIDTH LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT POINT' "A" AS DENOTED 1N HEREIN DESCRIBED PARCEL C; THENCE LEAVING SAID POINT "A" SOUTH 00°00'06" EAST 4.43 FEET TO A POINT AND BEING THE END OF THE HEREIN DESCRII3ED LIIdE. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WTTF@I HEREIN DESCRIBED PARCEL C. CONTAINING 10 SQUARE FEET MORE OR LESS. PARCEL E (U'TII1TY EASEMENT) A STRIP OF LAND 5.00 FEET IN WII7TFI LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LIIdE: CObIlNENCING AT POINT'B" AS DENOTED IN HEREIIJ DESCRIBED PARCEL C; THENCE LEAVDVG SAID POINT "B" DUE SOUTH 5.06 FEET TO A POINT ON THE LII~ OF AN EXISTING BUIIDING AND BEING THE END OF THE HEREIN DESCRIBED LINE. T'HE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON SAID LINE OF AN EXISTING BUII.DING. EXCEPTING THEREFROM THAT PORTION TFIERE~ LYING WfTfIDd HEREIN DESCRIBED PARCEL C. CONTAIIdING 13 SQUARE FEET MORE OR LESS. BEARINGS SHOWN HEREON PER, 73 M 30, SANTA CLARA COUNTY RECORDS. BEARING OF THE CENTERLINE OF SARATOGA AVENUE BEING TAKEN AS NORTH 52°13'00" EAST. PREPARED 09/12/03 BY OR UNDER THE DIRECTION OF: ~a5~01.AND SG \V`V ~pPHI(~p Oliver Philip n LS 3073 v, ~ .~~ lE>~ ~_3 ~ 7 ~~ 7.~~ ° ~NO 5075 a ~.~ ~7 ~q~ ..a C~HAT`,PAS 2005'~PRO.IECi'5~,61F.TR0 PCS'SF07100t3 SAR.4T(X3A CIT1-LIBRAR]'~OFFICIi .SF07100D IiSHIBIT a09- 2 lz-o~ e~ nlx EXHIBIT LS1-F Sec Attached Drawing EXffiBTT A DESCRIPTION OF LESSOR'S REAL PROPERTY Exhibit A to the Lease Agreement dated , 2005, by and between City of Saratoga, a Municipal corporation, as Lessor, and MetroPCS Califomia/Florida, Inc., a Delaware .corporation, d/b/a MetroPCS as Lessee. Lessor's property of which Premises are a part is described as follows: Legal Description-13650 Saratoga Ave, Saratoga, CA 95070-5054 BEGINNING AT A POINT STANDING IN THE INTERSECTION OF THE CENTER LINE OF SARATOGA AVENUE WITH TILE CENTER LINE OF FRUITVALE AVENUE, FORMERLY THE MCCALL ROAD, AT A POST MARRED "M3" AND RUNNING ALONG THE CENTER LINE OF SARATOGA AVENUE, S. 52-3/4° W., 12.45N CHAINS TO A STAKE MARKED "M4" FROM WHICH A WILD CHERRY 6 INCHES IN DIAMETER MARKED "B.T.M4" BEARS S. 69-3/4° 52 LINKS DISTANT; AND RUNNING THENCE AT RIGHT ANGLES TO THE ABOVE CENTER LINE, S. 37-1/4° E., 13.67 CHAINS TO A STAKE MARKED "MS" STANDING IN THE CENTER OF A SMALL ARROYO; THENCE DOWN THE CENTER OF SAID ARROYO TO ITS INTERSECTION WITH THE CENTER LINE OF FRUTf VALE AVENUE' FORMERLY THE MCCALL ROAD; THENCE ALONG THE CENTER LINE OF SAID ROAD N. '/. E., 18.42 CHAINS TO THE POINT OF BEGINNING, AND BEING A PART OF THE SIMIviONS TRACT (FORMERLY) IN THE QUITO RANCHO. EXCEPTING THEREFROM ALL THOSE PORTIONS TI3EREOF LYING WITHIN THE BOUNDS OF SARATOGA AVENUE AND FRUITVALE AVENUE, FORMERLY THE MCCALL ROAD. ALSO EXCEp1'ING'I'HEREFROM ALL THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS S. 37° 51' 12" E. 30.00 FEET FROM A POINT IN THE CENTER LINE OF SARATOGA AVENUE, AS THE SAME FORMERLY EXISTED 60 FEET WIDE, WHICH IS S. 50° 17' 35" W., 108.24 FEET AND S. 52° 08' 48" W., 476.33 FEET ALONG SAID CENTER LINE FROM THE INTERSECTION THEREOF WITH THE CENTER LINE OF FRUTTVALE AVENUE, AS SAID FRUITVALE AVENUE FORMERLY EXISTED 40 FEET WIDE; THENCE N. 60° 40' 39" E, 202.24 FEET; THENCE N. 52° 08' 48" E., ALONG A LINE PARALLEL TO AND 60 FEET SOUTI~ASTERLY OF THE SAID CENTER LINE OF SARATOGA AVENUE 100.00 FEET; THENCE ALONG A CURVE TO THE RIGHT WTI'H A RADIUS OF 73.00 FEET THROUGH AN ANGLE OF 127° 25' 28" AN ARC DISTANCE OF 162.35 FEET; THENCE S. 0° 25' 44" E., ALONG A LINE PARALLEL TO AND 70 FEET WESTERLY FO A SAID CENTER LINE OF FRUITVALE AVENUE 240.94 FEET; THENCE N. 50° 29' 16" E., 90.17 FEET; THENCE N. 0° 25' 44" W., ALONG THE CENTER LINE OF THE AFOREMENTIONED FRUITVALE AVENUE, 465.35 FEET TO THE INTERSECTION WITH THE CENTER LINE OF THE AFOREMENTIONED SARATOGA AVENUE; THENCE S. 50° l7' 35" W., ALONG THE CENTER LINE OF SAID SARATOGA AVENUE, 108.24 FEET THENCE CONTINUING ALONG SAID CENTER LINE, S. 52° 08' 48" W., 476.33 FEET; THENCE S. 37° Sl' 12" E., 30.00 FEET TO THIS POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL THAT PORTION TIiEREOF DESCRIBED IN THE DEED FROM WALTER M. SEAGRAVES TO GEORGE J. STEPOVICH, T AL, DATED DECEMBER 15, 1961, RECORDED DECEMBER 27, 1961 IN BOOK 5411 OFFICIAL RECORDS, PAGE 538. AND BEING MORE PARTIC[ILARLY DESCRIBED AS FOLLOWS: BECiTNN1N(i AT A P01NT IN EXHBTT A DESCRIPTION OF LESSOR'S REAL PROPERTY Exhibit A to the Lease Agreement dated , 2005, by and between City of Saratoga, a Municipal corporation, as Lessor, and MetroPCS California/Florida, Inc., a Delaware corporation, d/b/a MetroPCS as Lessee. Lessor's Property of which Premises are a part is described as follows: Legal Description-13650 Saratoga Ave, Saratoga, CA 95070.5054 BEGINNING AT A POINT STANDING IN THE INTERSECTION OF THE CENTER LINE OF SARATOGA AVENUE WITH THE CENTER LINE OF FRUITVALE AVENUE, FORMERLY THE MCCALL ROAD, AT A POST MARKED "M3" AND RUNNING ALONG THE CENTER LIlVE OF SARATOGA AVENUE, S. 52-3/4° W., 12.45N CHAINS TO A STAKE MARKED "M4" FROM WHICH A WII,D CHERRY 6 INI:fHIS IN DIAMETER MARKED 'B.T.M4"BEARS S. 69-3/4° 52 LINKS DISTANT; AND RUNNING THENCE AT RIGHT ANGLES TO THIS ABOVE CENTER LINE, S. 37-1/4° E., 13.67 CHAINS TO A STAKE MARKED "MS" STANDING IN THE CENTER OF A SMALL ARROYO; THENCE DOWN THE CENTER OF SAID ARROYO TO ITS INTERSECTION WITH THE CENTER LINE OF FRUTTVALE AVENUE, FORMERLY THE MCCALL ROAD; THENCE ALONG THIi CENTER LINE OF SAID ROAD N. '/a E., 18.42 CHAINS TO THE POINT OF BEGINNING, AND BEING A PART OF THE SIIviMONS TRACE (FORMERLY) IN THI? QUITO RANCHO. EXCEPTING THEREFROM ALL THOSE PORTIONS THEREOF LYING WITHIN THE BOUNDS OF SARATOGA AVENUE AND FRUITVALE AVENUE, FORMERLY THI: MCCALL ROAD. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRII3ED AS FOLLOWS: BEGINNING AT A POINT WHICH IS S. 37° 51' 12" E. 30.00 FEET FROM A POINT IN THI? CENTER LINE OF SARATOGA AVENUE, AS THIi SAME FORMERLY EXISTED 60 FEET WIDE, WHICH IS S. 50° 17' 35" W., 108.24 FEET AND S. 52° OS' 48" W., 476.33 FEET ALONG SAID CENTER LINE FROM THE INTERSECTION THEREOF WITH THE CENTER LINE OF FRUITVALE AVENUE, AS SAID FRUITVALE AVENUE FORMERLY EXISTED 40 FEET WIDE; THENCE N. 60° 40' 39" E, 202.24 FEET; THENCE N. 52° 08' 48" E., ALONG A LINE PARALLEL TO AND 60 FEET SOUTHEASTERLY OF THE SAID CENTER LINE OF SARATOGA AVENUE 100.00 FEET; THENCE ALONG A CURVE TO THIS RIGHT WITH A RADIUS OF 73.00 FEET THROUGH AN ANGLE OF 127° 25' 28" AN ARC DISTANCE OF 162.35 FEET; THENCE S. 0° 25' 44" E., ALONG A LINE PARALLEL TO AND 70 FEET WESTERLY FO A SAID CENTER LINE OF FRUITVALE AVENUE 240.94 FEET; THENCE N. 50° 29' 16" E., 90.17 FEET; THENCE N. 0° 25' 44" W., ALONG THE CENTER LINE OF THE AFOREMENTIONED FRUITVALE AVENUE, 465.35 FEET TO THE INTERSECTION WITH THE CENTER LINE OF THE AFOREMHNTIONED SARATOGA AVENUE; THENCE S. 50° 17' 35" W, ALONG THE CENTER LINE OF SAID SARATOGA AVENUE, 108.24 FEET THENCE CONTINUING ALONG SAID CENTER LINE, S. 52° 08' 48" W., 476.33 FEET; THENCE S. 37.51' 12" E., 30.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL THAT PORTION THIiREOF DESCRIBED IN THE DEED FROM WALTER M. SEAGRAVES TO GEORGE J. STEPOVICH, T AL, DATED DECEMBER 15, 1961, RECORDED DECEMBER 27, 1961 IN BOOK 5411 OFFICIAL RECORDS. PAGE 53R. AND BEING MORE PARTTC[JLARLY DESCRIBED AS FOLLOWS: BEGiNNINCi AT A POINT IN ET VIII, TO CONVEYED IN THE DEED FROM MARY T. SIIERROD, FORMERLY MARY T. WALLACE, WAITER M. SEAGRAVES DATED MAY 26, 1931 AND RECORDED ~Y19~ OF NO37° 45' OFFICIAL RECORDS, PAGE 301; THENCE ALONG THE SOUTHWES _ POINT OF BEGINNING, AND BEIN~AR`T OF THE SIlvIMON3~TRACT1(FO'RMERLY) IN TITETQUITO RANCHO. APN-397-30-053 EX~TT B DESCRIPTION OF PREMISES Exhibit B to the Lease Agreement dated , 2005, by and between City of Saratoga, a Municipal corporation„ as Lessor, and MetroPCS California/Florida, Inc., a Delaware corporation, d/b/a MetroPCS as Lessee. The Premises consist of those specific areas described/shown below or attached where Lessee's communications antennae, equipment and cables occupy Lessor's Rea] Property. The Premises and the associated utility connections and access, including easements, ingress, egress, dimensions, and locations as described/shown, are approximate only and may be adjusted or changed by Lessee subject to Lessor's approval (such approval not to be unreasonably withheld) at the time of construction to reasonably accommodate sound engineering criteria and the physical features of Lessor's Real Property. SEE ATTACHED DRAWINGS (A final drawing or copy of a property survey or site plan depicting the above shall replace this Exhibit B when initialed by Lessor or Lessor's designated agent and may be modified from time to time when initialed by both Lessor and Lessee.) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: October 5, 2005 AGENDA ITEM ~~ CITY MANAGER: ~~/G~"-- ORIGINATING DEPT: City Attorney/ PREPARED BY: City Attorney Community Development SUBJECT: Extension of Interim Moratorium on Uses Inconsistent with Prior Design Review Approval ACTION: Accept public testimony, consider and adopt the extension to the Interim Urgency Ordinance. T'he ordinance prohibits uses that are inconsistent with prior design review approvals and currently expires on November 22, 2005. The ordinance would extend the term to November 20, 2006. STAFF REPORT: This item is a follow up to the City Council's actions on November 22, 2004 and January 5, 2005 to adopt and then extend Ordinance 233. That ordinance requires compliance with prior design review conditions for all properties in the City with a structure that was the subject of design review and that received final approval after January 1, 2004. Projects that deviate from approved design review conditions are allowed by Ordinance 233, but only upon approval by the entity that issued the design review approval. Thus, projects on property that have an administrative design review approval are reviewed by the Community Development Director and projects that on property that has been the subject of Planning Commission design review approval require approval by the Planning Commission. Staff is still the process of reviewing possible amendments to the zoning code to address the issues that led to adoption of the interim ordinance. Because that review is not yet complete, staff recommends adopting the attached ordinance to extend the term of the interim ordinance for one year. No further extensions are allowed under state law. ~...- FISCAL IMPACTS: There are several costs associated with the ordinance. The first is the cost of checking over the counter permit requests to determine if the property is subject to the ordinance. Thus far, checking for ordinance compliance has remained at roughly 15 minutes of staff time per application. The second cost associated with the ordiriariCe tS the cost of administering the supplemental design review process for proposed changes. The Community Development Department operates on a cost recovery basis. Therefore these increased costs will be borne by project applicants. This will affect the applicant's cost of project review. It will not affect overall costs of City operations. The third cost is associated with code enforcement. These costs are difficult to predict. Because many of the changes to property that would be prohibited by the ordinance do not require a permit, it is possible that some residents could complete the work without knowledge of the ordinance's .restrictions. This could lead to requests for code enforcement. Thus far there have been relatively few code enforcement requests under the ordinance. The likely extent of such complaints in the future is unlrnown. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. A notice of public hearing was also published in the ~, Saratoga News. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The interim urgency ordinance would expire on January 6, 2005. ATTACHMENTS: Ordinance Extending Ordinance 233 2 ORDINANCE NO. 233-B y AN INTERIM ORDINANCE EXTENDING A MORATORIUM ON DEVELOPMENT OR WORK INCONSISTENT WITH A PRIOR DESIGN REVIEW APPROVAL AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY THE CTfY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Sazatoga requires design review approval of certain new and significantly remodeled structures to ensure that the design does not constitute an invasion of privacy, unreasonably interfere with views, light or air, or create adverse impacts upon the aesthetic character of neighboring residentia] structures. b. Beginning in 2004 the City of Saratoga adopted a policy requiring extensive neighborhood consultation as part of the design review process. As part of this consultation, project designs are often changed with elements being added, removed, or modified in response to neighborhood concerns and to ensure that new development occurs in a manner which is consistent with the objectives of the Zoning Ordinance and the policies of the General Plan. c. The Sazatoga City Code requires compliance with all design review approved plans and conditions of approval during construction of the structure that triggered the requirement for design review approval. The Code does not require compliance with those conditions, however, after construction of that structure has been completed and final approval executed by the Building Official. While the Zoning Ordinance requires design review approval of major future changes to a site, the Zoning Ordinance does not regulate future minor changes (such as addition of a small structure or changes in paint color, roofing materials, or landscaping) that could be inconsistent with conditions imposed or plans approved as part of the design review process. d. Because conditions and plan approvals are imposed to protect privacy, avoid unreasonable interference with views, light or air, and to avoid adverse impacts upon the aesthetic character of neighboring residential structures, future additions of, or changes to, a structure or the site that are inconsistent with design review conditions or approved plans could have an adverse effect on community privacy, views, light, air, and the aesthetic character of neighboring residential structures. e. The City Council has directed staff to prepaze amendments to the City Code address these issues. Page 1 of 5 £ Establishment of new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that aze inconsistent with a prior design review approval during the tune the City staff is studying the best approach to amending the City Code could result in conflicts with any regulations that might ultimately be adopted. g. For the reasons stated herein, during the term of this Interim Ordinance, the establishment of new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that are inconsistent with a prior design review approval poses a current and immediate threat to public health, safety, and welfare. h. This Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to prohibit on an interim basis, establishment of new or modified structures, impervious surfaces, or landscaping (including changes to natural contours of the site) that are inconsistent with prior design review approvals which may be otherwise permissible under existing policies. The Ordinance will not create a change in the environment because it maintains the status quo. Section 2. Adoption of Regulation. The following interim regulation is hereby adopted. This regulation shall prevail over any conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations of the City of Sazatoga: For any parcel containing a structure that has been the subject of design review approval pursuant to Articles 15-45 or 15-46 of the Saratoga City Code and that has received final approval from the Building Official executed on or after January 1, 2004, all new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) built, installed, or otherwise implemented after 9:00 a.m. November 22, 2004 must have been authorized by the prior design review approval unless that approval has been modified 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 condition imposed, or plans approved, pursuant to a prior design review approval, the modification shall be subject to approval by the Planning Commission if the prior design review was Page 2 of 5 processed pursuant to Article 15-46 or 15-45.060 and subject to approval by the -- Community Development Director if the prior design review approval was processed pursuant to Article 15-45.065. (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) The change to a condition imposed, or plans approved, pursuant to a prior design review approval, shall be subject to approval by the Community Development Director, if the prior approval was processed pursuant to Article 15-45.065. (2) The change to a condition imposed, or plans approved, pursuant to a prior design review approval, shall be subject to approval by the Planning Commission, if the prior approval was processed pursuant to Article 15-46 or 15.46.060 if such change results in any material change to the project or any adverse impact upon the surrounding area; otherwise, the change may be approved by the Community Development Duector. 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, drainage plan, erosion control plan or landscape plan. (d) Notwithstanding the foregoing, this section shall not apply to new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that the Community Development Director determines in writing to be a minor change from the prior design review approval. Changes which the Community Development Director may determine to be minor may include, but are not limited to: (1) Addition or removal of accessory structures that are not visible from the street (such as swimming pools, decks, and gazebos) and that do not remove landscaping features intended to serve as screening; (2) Landscaping changes that are not visible from the street (such as replacing lawn with trees or shrubs) and that do not remove landscaping features intended to serve as screening; (3) Changes in the paint used on the exterior of the structure that will not during the life of the structure substantially change the appearance of the structure from that shown in the design review approval; and (4) Construction offences or walls permitted by the Saratoga City Code. Page 3 of 5 The Community Development Director may make a determination that a change is minor J after becoming awaze of the change or the proposed change. If the Community Development Director does not determine a change to be minor, such change shall qualify as a violation of the City Code unless there has been compliance with this Section. Section 3. Interim Urgency Ordinance. Based upon the findings set forth in Section 1, above, this is an Interim Urgency Ordinance adopted pursuant to Government Code section 65858, and pursuant to the authority granted to the City of Saratoga in Article 11, Section 7 of the California Constitution. This Ordinance shall therefore take effect immediately upon adoption. This moratorium was initially adopted by the City Council on November 22, 2004, then extended to November 20, 2005 and is further extend by this urgency ordinance until November 20, 2006 unless repealed prior to that time by the City Council. Section 4. 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, pazagraph, sub-paragraph, sentence, clause and phrase of this Ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this Ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that ~ the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated. This interim Ordinance was passed and adopted at a special meeting of the City Council of the City of Sazatoga on October 5, 2005 and adopted by at least afour-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABESNT: ABSTAIN: Page 4 of 5 SIGNED: Kathleen M. King MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: Richard Taylor, City Attorney ATTEST: Cathleen Boyer CLERK OF THE CITY OF SARATOGA Saratoga, California Page 5 of 5 f SARATOGA CITY COUNCIL MEETING DATE: October 5.2005 AGENDA ITEM: ORIGINATING DEPT.: Communi Develo ment CITY MANAGER: ~~ PREPARED BY: DEPT. HEAD: ~ Lata Vas devan AI o ivi o e I SUBJECT: Zoning Text Amendment -Personal Service Businesses in CH-1 and CH-2 Zoning Districts RECOMMENDATION Open and conduct public hearing, introduce the Zoning Text Amendment, waive the first reading, and schedule the item for second reading and adoption on consent calendaz. BACKGROUND On October 15, 2003, the City Council adopted an Interim Urgency Ordinance which established a 45-day moratorium on the establishment of new personal service businesses ~... in the downtown Village, which is comprised of the CH-1 and CH-2 zoning districts. At the end of the 45-day term, the City Council extended the Interim Urgency Ordinance to have a one yeaz term, and subsequently extended it for another year in 2004. The current Interim Urgency Ordinance, which prohibits the establishment of new street level personal service businesses that have their primary access from Big Basin Way or across the front lot line, expires on October 14, 2005. Government Code section 65858 does not allow the City to further extend this Interim Urgency Ordinance. The duration of this Interim Urgency Ordinance has satisfied Council's intent of providing the Department of Community Development sufficient time to observe the business climate of the Village and formulate zoning requirements on personal service businesses. On September 14, 2005, the Plamung Commission conducted a public hearing and recommended that the City Council adopt the zoning text amendment as stated below. DISCUSSION The economic vitality of the Village has not improved since the initial adoption of the Interim Urgency Ordinance. The current economic climate of the Village combined with the present concentration of nail and hair salons have led to staff discussions on the potential consequences of proposed zoning ordinance amendments that would either regulate or prohibit personal service businesses in the CH-1 and CH-2 districts that have primary access across the front lot line. ,~ Definition of Persona! Service Business In implementing regulations on `personal service businesses,' it is essential that this term be defined in the City Code. City Code Section 15-06.585 states the definition of a `Service establishment,' which cleazly includes uses such as hair and nail salons. However, Staff believes that the current definition of `service establishment' should be expanded to include examples of other types of uses that may not be thought of as personal service businesses at first glance. The Interim Urgency Ordinance uses the term `personal service business' instead of `service establishment' because it more appropriately categorizes the nature of the uses that the City Council has temporarily restricted in its adoption of the moratorium. The Town of Los Gatos recently amended its Town Code by including a definition of personal service businesses and regulating such uses in its commercial zones. The Town's definition of personal service businesses includes a comprehensive list of many types of uses that fall under this definition. Staff is proposing that the City's Code be similazly amended, and that the term `service establishments' be replaced with the term `personal service businesses.' Deleted text is shown in strikeout form and new language is shown in bold text. Staff is recommending that section 15-06.585 `Service establishment' of the City Code be amended to read: IS-06.585 Personal service business. "Personal service business" means a use that sells any personal convenience services directly to the public, including but not limited to, barbers, beauty salons, nail salons, hair removal and/or replacement, piercing, tattooing, psychics, cleaners, tailors, dog grooming, yoga studios, fitness centers and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, or any other type of office use. ~..~ It is very common for personal service businesses to have a combination of retail and personal services. An example is a beauty supply store which may have a significant retail azea in the front with styling stations in the rear. Some cities classify such uses as retail if the retail sales area comprises a certain percentage of the store. This type of restriction is difficult to monitor. Staff finds that it is easier to classify any business as a `personal service business' if it provides any personal service, even if it is secondary to its main use. To achieve this clarification in the City Code, Staff proposes the following amendment to section 15-06.560 `Retail establishment' (new language is shown in bold text): -" '- 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use. Any use including a personal service business is a personal service business and not a retail CStabIlShIIlCIlt. (a) Extensive retail establishment, as used with respect to pazking requirements, means a retail use having more than seventy-five percent of the gross floor area used for display, sales and related storage of bulky commodities, including household fiuniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similaz goods, which uses have demonstrably low pazking demand generation per squaze foot of gross floor area. (b) Intensive retail establishment, as used with respect to pazking requirements, means any retail use not defined as an extensive retail establishment. Type of Regulation Applicable to Personal Service Businesses The current interim urgency ordinance imposes a ban on all new street level personal service businesses in the Village that have their primary access from Big Basin Way or across the front lot line. Staff finds that adoption of a zoning ordinance amendment that '~- continues or expands this prohibition would be inconsistent with the purpose of the C (Commercial) zoning district. City Code section 15-19.010(b) states that one of the purposes of the C district is, "To provide opportunities for retail stores, offices and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other." The `Sazatoga Village Plan' also lists the encouragement of a town center mix of business establishments as an objective for the Village. Apart from the current concentration of such businesses, personal service establishments at the street level, such as hair and nail salons and day spas, aze essential in contributing to a viable variety ofbusinesses in the Village. Furthermore, as in all successful business districts, competition between several of the same types of business uses contributes toward a viable economic atmosphere and allows more choices for customers. Therefore, the proposed ordinance amendment is not intended to limit competition, but to limit over concentration of uses that already exist in the downtown Village. It is the City's role to support the objectives of the C zoning designation by analyzing the impacts of each new personal service establishment to ensure that there is a balanced mix ofbusinesses. Conditional uses as described in City Code section 15-55.010, require special consideration by the Planning Commission so that they maybe located properly with respect to the objectives of the purposes of the district in which the site is located. Furthermore, General Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all land use decisions on the City." In order to grant a Conditional ,` Use Permit, the approving authority must make all of the fmdings stated in City Code section 15-55.070 consistent with the General Plan. Staff believes that the proposed amendment would enable the Planning Commission to evaluate each new application for a personal service business on a case-by-case basis in relation to the mix of businesses that aze present and in light of the City's economic goals for the Village. Permissible Locations for Personal Service Businesses The current Interim Urgency Ordinance applies only m the Village. ThC CH ZOIllTIg districts encompass the Village azea; no other areas in Saratoga have a CH zoning designation. Since a concentration of personal service businesses has been identified by the City Council in the downtown Village only, Staff recommends that personal service establishments remain pemutted uses (no use permit required) in the C-N and C-V zoning districts. Also, the Interim Urgency Ordinance restricts new personal service businesses would be located at street level or would have primary access across Big Basin Way or across the front lot line. Staff recommends that the zoning ordinance amendments have a similaz scope. Accordingly, staff recommends the following text amendments. Recommended deletions aze represented with strikeout text, and insertions are in bold text: 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use maybe allowed upon the granting of a use ,,~ pemut pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, mazkets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (3) Home occupations, conducted in accordance with the regulations prescribed in Article 15- 40 of this Chapter. (4) Pazking lots which comply with the standazds for off-street pazking facilities as set forth in Section 15-35.020 of this Chapter. (5) Accessory structures and uses located on the same site as a permitted use. 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal Service Businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal Service Businesses. 15-19.050 C-H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: (1) Professional, administrative and medical offices and financial institutions, when located either above the street level or at street level if separated from street frontage by a retail establishment; and . (2) Personal Service Businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-Use Development conforming to the Design Standards found in Article 15- 58. (5) Personal Service Businesses at the street level that have primary access from Big Basin Way or across the front lot line. CORRESPONDENCE As of September 26, 2005, Staff has not received any correspondence from the public on this matter. ADVERTISING, NOTICING, AND PUBLIC CONTACT This item was properly posted and notice of the hearing has been placed in the September 21, 2005 issue of the Saratoga News. FISCAL IMPACTS There aze no negative fiscal impacts. This zoning text amendment will enable the Planning Commission to review each application for a personal service business in reference to the City's goal to revitalize the downtown Village. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S) The `Sazatoga Village Plan' lists the encouragement of a town center mix of business establishments as an objective for the Village. If the proposed zoning text amendment is not adopted, then the City may not meet this objective. FOLLOW UP ACTION(S) This item shall be placed on the next City Council agenda for adoption. The ordinance will be effective 30 days from the date of adoption. ALTERNATIVE ACTIONS 1. heave the Zoning Ordinance as it is currently written. 2. Modify and adopt the proposed Zoning Text Amendment. ATTACHMENT 1. Draft Ordinance ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PERSONAL SERVICE BUSINESSES IN THE CH-1 AND CH-2 ZOMNG DISTRICTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declazes as follows: a. The City of Sazatoga's Village business district has long been recognized as an azea that has a mix of businesses that included a cross section of retail, service, restaurant, and personal service industries that contribute to our residents' quality of life. b. The City's Village Design Guidelines and Village Improvement Project both contain numerous goals to create a vibrant downtown where the mix of retail and service based businesses exist. c. A nationwide economic recession has reduced the demand for many retail goods resulting in retail business failures and increasing retail space vacancies in the Village. d. While the total number of Personal Service Businesses continues to grow, our cun•ent vacant retail space is being converted to additional Personal Services Businesses `~- compromising our desired Village business mix. e. An increase in the existing number of Personal Service Businesses in the Village potentially threatens the City's desired business mix of retail and service businesses in a number of way, including, but not limited to, a concentration of Personal Services Businesses which limit or exclude other retail activities, the decrease of varied retail opportunities thereby reducing the attractiveness of the Village to both shoppers and new retail businesses, and ultimately jeopazdizing the ability of the City's retail azeas to successfully compete with other retail areas in the region. £ This Ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). hi the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to require discretionary review of previously permissible uses. Because it does not authorize any new uses it will not indirectly or directly result in a physical change to the environment. Section 2. Adoption. The Sazatoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (exea~Ie) in the sections listed below: Ordinance No. A. Section 15-06.585 `Service establishment' of the City Code is amended to read: ~~ ~~ 1 -,. -s ,.r..s.~,,.,~1 i s ~ .t, n .«: ~s~oo _ ~~ :emu := 0 15-06.585 Personal service business. "Personal service business"means a use that sells any personal convenience services directly to the public, including but not limited to, barbers, beauty salons, nail salons, hair removal and/or replacement, piercing, tattooing, psychics, cleaners, tailors, dog grooming, yoga studios, fitness centers and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, or any other type of office use. B. Section 15-06.560 `Retail establishment' of the City Code is amended to read: 15-06.560 Retail establishment. "Retail establishment" means a use engaged in providing retail sale or rental of items ~.s primarily intended for consumer or household use. Any use including a personal service business is a personal service business and not a retail establishment. (a) Extensive retail establishment, as used with respect to pazking requirements, means a retail use having more than seventy-five percent of the gross floor azea used for display, sales and related storage of bulky commodities, including household fiuniture and appliances, lumber and building materials, carpeting and floor coverings, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor azea. (b) Intensive retail establishment, as used with respect to parking requirements, means any retail use not defined as an extensive retail establishment. C. Section 15-19.020 "General regulations" of the City Code is amended to read: 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following pemvtted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of Ordinance No. 1:00 A.M. and 6:00 A.M., in which event such use maybe allowed upon the granting of a use _ permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, mazkets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (3) Home occupations, conducted in accordance with the regulations prescribed to ATt1Cle 1$- 40 of this Chapter. (4) Pazking lots which comply with the standazds for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (5) Accessory structures and uses located on the same site as a permitted use. D. Section 15-19.030 "C-N district regulations" of the City Code is amended to read: 15-19.030 C-N district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district: (1) Professional and administrative offices. (2) Financial institutions. (3) Personal Service Businesses. (4) Religious and charitable institutions. (5) Christmas tree and pumpkin sales lots. E. Section 15-19.040 "C-V district regulations" of the City Code is amended to read: 15-19.040 C-V district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district: (1) Professional and administrative offices. (2) Financial institutions. (3) Persona[ Service Businesses. F. Section 15-19.050 "C-H district regulations" of the City Code is amended to read: 15-19.050 C-H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: (1) Professional, administrative and medical offices and financial institutions, when located either above the street level or at street level if separated from street frontage by a retail establishment; and . (2) Personal Service Businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line. Ordinance No. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-Use Development conforming to the Design Standards found in Article 15- 58. (S) Personal Service Businesses at the street level that have primary access from Big Basin Way or across the front lot line. 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, paragraph, sub-pazagraph, sentence, clause and phrase of this ordinance. If any section, sub-section, pazagraph, sub-pazagraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declazes that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. ~""~ Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally Blank] Ordinance No. ''" The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 5th day of October, 2005, and was adopted by the following vote following a second reading on the 19th day of October 2005: AYES: NOES: ABSENT: Kathleen King MAYOR, CTTY OF SARATOGA, CALIFORNIA ATTEST: Cathleen Boyer CITY CLERK '~.- APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Ordinance No. SARATOGA CITY COUNCIL MEETING DATE: October 5, 2005 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~ PREPARED BY: J~o-hnn Cherbone DEPT HEAD: Jo~hnnCherbone :,_. SUBJECT: Discussion regarding the incorporation of survey question(s) in the upcoming Community Survey concerning the sale of City owned property located at 19848 Prospect Road. RECOMMENDED ACTION(S): Discuss inclusion of survey question(s) in the upcoming Community Survey regazding the sale of City owned property located at 19848 Prospect Road (North Campus). REPORT SUMMARY: Council members Waltonsmith and Kao agendized this issue in order to discuss the inclusion of survey question(s) regazding the sale of City owned property located at 19848 Prospect Road (North Campus) in the upcoming Community Survey, which may require the delaying the sale of the property to coincide with the survey. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Follow City Council direction regazding the inclusion of survey questions regazding the sale of the North Campus. ,, SARATOGA CITY COUNCIL =k MEETING DATE: October 5, 2005 t AGENDA ITEM: ORIGINATING DEPT: ity is Office CITY MANAGER: O~ PREPARED BY: EPT HEAD: Cathleen oyer, ity Clerk Dave Anderson, City Msnager SUBJECT: Request from the Rotary Club of Saratoga to Sponsor the 4th Annual Mustard Walk and Request for a Matching Monetary Contribution RECOMMENDED ACTION: 1. Approve Temporary Use Permit to hold the event February 5, 2006 2. Allow a promotional banner to be placed at the comer of Fnutvale and Saratoga Avenue 3. Adopt budget resolution appropriating funds REPORT SUNIl1iARY: The 4`~' Annual Mustazd Walk is scheduled for Sunday, February 5, 2005. Once again the Saratoga Rotary has volunteered to sponsor the event. The Rotary has requested that the City Council allow the use of the Warner Hutton House, Heritage Orchard, and City pazking lot. The Rotary has also requested a matching monetary contribution of $750, which will be matched by a local corporate sponsor. These funds will be used cover costs of the Mustard Walk including publicity, food, banner up dating and repair, and incidentals. Invoices will be paid through the Rotary. The City is also being asked to donate $600 for renting the space at Blaney Plaza to hang the banner advertising the event. This is a new fee this year due to the fact that the City is no longer the sponsor of the event. Last year the City made a monetary contribution of $1,000 funded out of the Council Contingency, towards the event. FISCAL IMPACTS: Current YTD Balance Budget Revised Account Use o[ Funds Budget Eapenses Available Revisions Budget Number Council Contingency $ 8,000 $ - $ 8,000 (1,350) $ 6,650 001-1005-511-5000 Support to Outside Agencies -Mustard Walk $ - $ $ S 1,350 $ 1,350 001-7030-572-newk Total Use of Funds S 50,000 $ - S 50,000 $ - $ so,ooo CONSEQUENCES OF NOT FOLLOWING RECOMIVVIENDED ACTION: Without proper funding the 4a' Annual Mustazd Walk may not take place. ALTERNATIVE ACTION: 1. Allow the Rotary to sponsor the event, deny matching funds and banner fee. 2. Allow the Rotary to sponsor the event waive the banner fee and refer them to the Saratoga-Monte Sereno Community Foundation for matching funds. FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Proposal from the Rotary Club of Saratoga. Attachment B -Resolution 2of3 RESOLUTION NO.05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A BUDGET INCREASE OF $1,350 FOR THE 4~ ANNUAL MUSTARD WALK FUNDED BY A REDUCTION IN THE CITY COUNCIL CONTINGENCY BUDGET OF $1,350. WHEREAS, the Rotary Club of Sazatoga wishes to sponsor the 4`~ Annual Mustazd Walk; and WHEREAS, the City Council acknowledges that the Mustazd Walk has become an important event in the City of Sazatoga that teaches the community about the City's history and also brings the community together at the Heritage Orchazd and Warner Hutton House; and WHEREAS, it is the Council's desire to grant the Rotary's request to contribute a monetary contribution of $1350 towards the event from the Council's Contingency account. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sazatoga hereby authorize the appropriation of $1,350 to be used by the Rotary Club of Saratoga for the 4`~ Annual Mustard Walk. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the Ss' day of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk 3 of 3 The Rotary Club of Saratoga POST OFFICE BOX 96 • SARATOGA, CALIFORNIA 95071 September 4, 200$ Dear Members of the Saratoga City Council: The Rotary Club of Saratoga requests approval for a Temporary Use Permit to conduct a Mustard Walk on Sunday, February 5, 2006, from 11 a.m. to 3 p.m. This annual event has been enjoyed by the community and has served as a showcase for the historical aspects of Saratoga This event will showcase the Warner Hutton House and Heritage Orchard aad will include local artists, musicians, an antique car display, donkey cart rides, and docent tours. Free wine tasting and other food items will be provided. The Corrado Company has offered to co-sponsor the event with a contribution of $750, if the city will match funds with a $750 grant. The Corrado Company will be advertising as a sponsor of the event. The Rotary club will be a co-sponsor of the event. We request permission to use the Warner Hutton House, Heritage Orchard, and the city parking lot. We further request permission to place a promotional banner in front of the Library (at the corner of Fruitvale and Saratoga Avenues) two weeks prior to the event. Another banner will be placed at Blaney Plaza. We ask that the city contribute the $600 fee for banner display. Thank you very much for reviewing this request. We look forward to city-wide participation at a successful Mustard Walk. Best regards, ilk'' '`- Reiko Iwanaga President, Rotary Club of Saratoga Enclosure SARATOGA ROTARY ART SHOW • FIRST SUNDAY IN MAY • WEST VALLEY COLLEGE • SARATOGA .~ Y ~: Y ~~~ i 4~ TION N0. ~ ~ arrirjerncnt(s) Parcel Number 4fGo- City S@ 6e.7 B 4 ~. zip 93 v ra -Phone FAX. Owner Namc ~/~ Prop~tny Owner Address / ~ ~ ~ ~ i ~Ki~ ~ PropKrty Owner Phone FAX fma~l a. /L°.. ~r21-Qf I, dig undcrsigned Ada penalty of pcrjary, hereby derl•TM and agm that I am the applicant for this request, that the 4kvner of the property has approved the filing of this application and that all the facia, maps, docummtr and othe~ information submitted herewith are true, correct, and act~a~ate to the beat of my lmawledge a~ belleE If thi applicati~ is 8r+° bservcd and ~] the condidonsa~~ u ~ ~ ~' Sta2 aFederal~ ararrted will be carefully Pro) Proxed I a to hold the City harmless from all costs and expenses, including attorney fees incurred bq the City a held to be a liability of the City in conneedon with the City's defense of its actioaa in a~ pr'oceeding brought is arry SratL' or Federal Court challenging the City's acrions in a~ way with respect to this application and a~ amendment or envisions to this application. Pruj4~ct DescdPd~ ~1~. ~7'taFd ~i %f~ i ~'~~ App~cant Namc e74a f ~~u ° ut.~ r~~_ ~. _ . ~y___ L /~ . R~ Y ~ / r'o BSI 9~ Y~~ ~ ~ Applicant's name: Applicant's address: Name of Property Owner: ~r ~ 76 Sera /yo C~~y r~ p~Ctvmla cti Address of Property Owner: ~ 3 y'r' y Fra i / /Cl ~~ /~ /e . alllea/s~ ~c Address of Site: '' ~~ ~' Ac_t/i~vit/ie'gs planned (including sales of goods, if any) : S'Ce ~T ( Q ~dC Days and hours of operation: cl [2 /- E D r tL~3 L 5 0 d ~ / ~; ~o ~ rh - ,'fib m Number of people involved in operation event: °SO Number of people expected to attend the event: /dA-D Is food to be served? Yes: _~ No: What kind of food, and how served? lhl~5ta~rX ~~rn oil ~u7~oh ~,.~~~,~ ~,~/,o,-v/i~e S~h,d/gs ar 7`he~rt~roc~v.~ 's Number of sanitary facilities existing at site (one women's plus one man's equals two (2) facilities): Are on-site signs proposed (number and description)? ~ - ~YiOC/~ F rn7~"i nn D G t° l/B H All documents and maps submitted as required, become the property of the City of Saratoga and shall be submitted with this applica- tion HO L71TER T871~1 T8I3tT! (30) DAYB 8E1P0$E TSE pAOPOBED DI1TE OT TSE EV811'1'. BII8KI88IOX RBOIIIREIOrl1T8 1. Appropriate fees 2. Appropriate letters of approval from the Fire District, Health Department and Sheriff's Department (sae Section III, S and C) 3. ,Two (2) copies of site plan which shows the following: a. Designation. of area to be occupied by use b. Existing structures and improvements, as well as pro- posed temporary structures c. Provision for off-street parking d. Site location diagram ;. Event: 5th Annual Mustard Walk Location: Warner Hutton House and Heritage Orchard Date: Sunday, February 5, 2006 Time: 11 am - 3pm (set-up at 10am, clean-up by 4pm) Description: This community-wide winter festival features Saratoga's Warner Hutton House and Heritage Orchard. Activities include: Docent tours of the House and Orchard Donkey cart rides in the Orchard Mustard tasting, recipes & cooking demos Photo displays of early Saratoga Local artists & art displays Local musicians & dance troupes Antique car display Antique farm equipment display Local wine-maker wine-tasting table Youth Commission fund raising activities Bottled water & soda sales Basket of mustard products raffle Orchard products for sale Saratoga Heritage Calendars for sale A Mustard Walk banner will be placed in the Orchard 10 days prior to the event. A second banner will be on display in Blaney Plaza two weeks prior to February 5, 2006. Flyers & posters will be on display at local business establishments, the Museum, the Library, and the Chamber of Commerce. SARATOGA CITY COUNCIL MEETING DATE: October 5, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~ PREPARED BY: Lorie Tinfow. Asst. City M¢r. DEPT IIE ~d & Cathleen Boyer, City Clerk Lorie Tinfow SUBJECT: Village Tree Lighting Ceremony RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: In 2001, the City Council established and funded an Economic Development program. One of the ~ first activities to stimulate economic activity in the Village was the addition of a tree lighting ceremony held on the Friday after Thanksgiving in concert with the Village Open House. This ceremony has become an annual event with increasing attendance each yeaz. However, in the 2005- 06 budget development process, funding for special events and economic development was eliminated. No staff time or funds for advertising, posters, supplies, etc., have been allocated for an event in November 2005. Staff requests direction on Council's intention regazding holding a tree lighting ceremony on Thursday, November 24, 2005, and if the event is to beheld, Council identification of funds to be used for supplies and advertising. In the past, posters were printed and distributed to Village businesses, and advertising space was purchased in the Saratoga News to alert the public of the event. In addition, staff created and distributed luminaries and poincettas azound Blaney Plaza, set up public address equipment for the Mayor's speech, and cleaned up the site afterwazd. Last year, live music was also provided, and staff has been contacted by one entertainer so far who wishes to perform at the event. Approximately $2,000 would be needed for expenses to replicate those previous efforts, in addition to designated staff time. FISCAL IMPACTS: Current Budget Revised Account Use o[ Funds Budget Revisions Budget Number Council Contingency $ 10,000 $ (2,000) $ 8,000 001-1005-511-5000 Advertising/Supplies-Tree Lighting i Ceremony $ - $ 2,000 $ 2,000 001-1005-511-Sxxx Total Use of Funds $10,000 $ S 8,000 CONSEQUENCES OF NOT FOLLOWING RECOMNII;NDED ACTION(S): Staff will receive no direction related to the tree lighting event at this time. ALTERNATIVE ACTION(S): • Do not hold any kind of event. • Hold the event without staffpreparation, speeches or advertising. FOLLOW UP ACTION(S): Execute Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution. "..i 2 of 2 RESOLUTION NO.OS-_ SARATOGA AMEND NG THE 2005-200 BUDGET O AN '-' APPROPRIATION OF FUNDS TO BE ALLOCATED TO HOLD THE ANNUAL VILLAGE TREE LIGHTING CEREMONY WHEREAS, a Village Tree Lighting Ceremony was started in November 2001 as part of the Economic Development program; and WHEREAS, the Economic Development program was eliminated from the 2005-06 Operating Budget; and WHEREAS, the Council wants to hold the annual event in 2005 in partnership with the Village Open House; and WHEREAS, funds aze needed for posters, advertising and other supplies for the event estimated to be $2000; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To appropriate $2,000 to be used to pay for costs associated with the Village Tree Lighting Ceremony AND BE TT FURTHER RESOLVED, to adjust the City of Sazatoga's Fiscal Year 2005-2006 budget ~ for the appropriation of $2,000 for this project according to the following entries: Current Budget Revised Account Use at Fuuds Budget Revisions Budget Number Council Contingency $ 10,000 $ (2,000) $ 8,000 001-1005-511-5000 Tree Lighting Ceremony-Advertising/Supplies $ - $ 2,000 $ 2,000 001-1005-511-XXXX Total Use of Funds $10,000 S - $ 10,000 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 5th day of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: KATHLEEN M. KING, MAYOR Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL AGENDAITEM: MEETING DATE: October 5, 2005 ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~ PREPARED BY: Lorie Tinfow. Asst. City Mer. DEPT HEAD: Lorie Tinfow SUBJECT: Village Task Force Formation RECOMMENDED ACTION(S): Authorize the creation of the Village Task Force and its proposed composition. REPORT SUMMARY: At the last Council meeting, Council approved moving forwazd with a strategy to revitalize the ~ Saratoga Village. The first step in the process is to designate a community group to work with the Village Ad Hoc Committee and staff to update the Village Plan. The Village Ad Hoc Committee proposes the formation of a 9-member Task Force composed of the following: • Two council members • Three Village business representatives (property owners and non-property owners) • One representative from the Sazatoga Village Development Council • One representative from the Planning Commission • One representative from Chamber of Commerce • One representative from Heritage Preservation Commission Specific community members have been identified by the Ad Hoc Committee to participate and some have been approached to determine their interest pending Council approval. The group would meet monthly at a time and location to be determined by the members for a period not to exceed one year. We expect to bring an updated plan to Council for consideration within 4-6 months. All meetings would be open to everyone interested in attending and broad community participation would be encouraged. Vice Mayor Norman Kline would chair the group. ~.- FISCAL IMPACTS: No fiscal impacts at this time. Council will be asked for funding once the plan is completed and presented for approval. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A task force would not be created. ALTERNATIVE ACTION: Determine not to establish a Village Task Force or to do so in another manner. FOLLOW UP ACTION: Execute Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None 2 of 2