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12-06-2005 City Council Agenda Packet
AGENDA SARATOGA CITY COUNCIL REORGANIZATION SPECIAL MEETING DECEMBER 6, 2005 COUNCIL REORGANIZATION x:30 P.M. CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE CALL MEETING TO ORDER - 6:30 P.M. Flag Ceremony -Presented by Campbell Union High School District JROTC Color Guazd National Anthem - erformed by Wendy Morgan Hunter 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 December 1, 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 (3f minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None COUNCIL REORGANIZATION 1. Remazks from outgoing Mayor -Kathleen King 2. Reorganization of City Council Recommended action: Elect Mayor and Vice Mayor. 1. City Clerk declares the offices of Mayor and Vice Mayor to be vacant 2. Election of the Mayor 3. Election of the Vice Mayor 3. Oath of Office -Administered by Liz Kniss, Santa Claza County Board of Supervisors 4. Remazks from new Mayor, Vice Mayor, and Councilmembers ADJOURNMENT TO RECEPTION 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. Not cation 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 o gen a: 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 December 1, 2005 at the office of the City of Saratoga, 13777 Fruiriale 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.saratoYa.ca.us ry of December 2005 at Saratoga, California. CMC AGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 7, 2005 CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel -Existing Litigation: Jones v. Saratoga et al. Santa Claza County Sup. Court No. 1-03-CV-010545. REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS A 1 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 December 1, 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 None 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..4ny 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. lA. Review of Check Register Approve 1B. 2006 Hazazdous Vegetation Program Commencement Resolution Recommended action: Adopt resolution. 1 C. Independent Contractor Agreement for Focused General Plan Update with Deborah Ungo-McCormick Consulting Recommended action: Authorize City Manager to execute agreement. 1D. Santa Clara Valley Water Resources Protection Collaborative Recommended action: Adopt resolution. lE. Approve Budget Resolution for Noticing Expenditure Recommended action: Adopt budget resolution. 1F. Smart Permit Standazdized Permit Application Recommended action: Adopt SMART Pemut Standazdized Permit Application. 1G. Annexation of an Approximately 0.034 Acre Portion of Land Which Fronts onto Bainter Avenue - APN 510-06-006 (Commonly known as 19330 Saratoga-Los Gatos Road) Recommended action: Adopt resolution. 1H. Agreement Regarding Relocation of City's Emergency Operations Center t0 Saratoga Fire Station and Associated Cost Reimbursement to the District Recommended action: Approve agreement and authorize City Manager to execute the same. 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) 2. Capital Improvement Plan (CIP) FY 2005-2006 -Continuation of Public Hearing and Environmental Impact Assessment ecommen a ac 1. Receive Report, conduct public hearing, and provide direction to staff. 2. Adopt Environmental Impact Assessment for new CIP project. 3. Adopt resolution amending the FY OS-06 Budget reflecting Council direction from the October Sa', October 18a', and November 2"a City Council meefings. 3. Tentative Cancellation of Land Conservation (Williamson Act) Contract for 20865 Wardell Road Comprised of Four Lots Totaling 7.7 Acres, as Requested by the Property Owners, Hall Family Trust and Tom Lim Recommended action: 1. Adopts a Negative Declaration. 2. Certifies to the County Auditor the amount of the cancellation fee. 3. Makes the required findings and grants a Certificate of Tentative Cancellation Approval, subject to conditions. 4. Application 06-002 for General Plan Amendment and Rezoning in Conjunction with a Proposed Lot Line Adjustment -13425 Fruitvale Avenue (Redwood Middle School), 13998 and 14000 Shadow Oaks Way Recommended action: 1. Approve the attached resolution redesignating a 16,719 square feet portion ofproperty at 13425 Fruitvale Avenue as Residential Low Density (RLD) 2. Approve the attached Ordinance rezoning the same 16,719 square foot portion of property at 13425 Fruitvale Avenue as R-1-20,000. OLD BUSINESS None NEW BUSINESS 5. Request for Council Agency Assignments and Commission Liaison Preferences Recommended action: Informational only. 6. Request for City Council Retreat Topics Recommended action: Informational only. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kine 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 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 Claza 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 Boazd Saratoga Historic Foundation Sister City Liaison 4 CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the.4mericans 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 Ciry to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certifzcate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the Ciry Council of the Ciry of Saratoga was posted on December 1, 2005 of the Ctty 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.saratoga.ca.us Signed this 1"day of December 2005 at Saratoga, California, City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 -2006 12/21 Regulaz Meeting 1/4 Regular Meeting 1/18 Regular Meeting 2/I Regulaz Meeting 2/15 Regulaz Meeting 3/1 Regular Meeting 3/15 Regular Meeting SARATOGA CITY COUNCIL MEETING DATE: 12/7/2005 AGENDA ITEM: i~ ORIGINATING DEPT: Admin. Svcs. PREPARED BY: ~~ Usha Dhulipala CITY MANAG R: ~~L%~ ~-- DEPT HEAD: Michele Braucht SUBJECT: Check Register for 11/16/2005 RECOMMENDED ACTION: That the City Council accepts the Check Register for 11/16/2005. Attached is the Check Register for 11/16/2005. The checks were released on 11/17/2005. Payroll checks were released on 10/13/2005. T of Checks Date Starting Checks # Ending Check # Total Checks Amount Account Pa able 11/16/2005 100736 100854 119 440,587.72 Pa oll 10/13/2005 31214 31239 26 117,855.03 TOTAL 558,442.75 Check numbers 100799 thru 100826 were voided for the amount of $105,653.84 due to printer problems. These checks were reissued with check numbers 100827 thru 100854. The prior Check Register for 11/03/2005 ended with check number 100735. _, Following is a list of checks issued for more than $10,000.00, and a brief description of the expenditures. Check # Issued to Fund De t se Amount 100736 Santa C1aza,American RedCros General 7030 Hurricane Katrina 15,000.00 100756 County of SantaClaza General 2015 Law Enf Services 275,248.00 100804 San Jose water Compan Various Various Water Bill 17,854.84 1008]4 Shute Mihaly & Weinber Various Various Le al Services 30,207.21 100822 Thom son Pacific Construction Library 9010 Libr Final Pa ent 40,000.00 FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: and Fund Descri tion A/P Total PR Total Total 001 General 262,897.42 26,178.06 289,075.48 100 Law Enfrcmnt serv 100,000.00 100,000.00 150 Streets & Roads 1,050.02 14,824.14 15,874.16 180 LLA Districts _ 201 Manor Dr. La.Sca 68.39 68.39 205 Azule Li htin 1,071.91 1 071.91 206 SaraHills Li to 81.16 81.16 207 Villa e Li htin _ 209 McCart Vil LS 154.44 154.44 210 TriciaWds LS 26.46 26.46 211 Arro o De Sara LS 1,108.00 1,108.00 224 Villa a Comm LS 4,122.32 4,122.32 225 Sarato a Le endsLS 337.75 337.75 227 Cnn hm/Glas owls 91.16 91.16 229 Toll ate LS/ Litn 63.08 63.08 231 Horseshoe LS/Litn 211.70 211.70 250 Develo ment Svcs 7,597.24 49,281.82 56,879.06 260 Environmental 299.10 5,282.25 5,581.35 270 Housin & Comm 6,114.00 6,114.00 290 Recreation 7,059.97 17,624.14 24,684.11 291 Teen Services 401.15 2,678.48 3,079.63 292 Facilit O s _ 293 Theatre Surchar e 310 Park Devel mt 293 Theatre Surchar e _ 320 Librar Ex ansion 40,000.00 40,000.00 351 Public Safet 853.01 853.01 352 Infrastructure 1,986.14 1,986.14 353 Facilit .. 354 Park and Trail 148.94 148.94 420 Leonard Road 3,084.50 3,084.50 TOTAL 440,587.72 117,855.03 558,442.75 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. i i° Y O Y O M P W O J O Y O Y O Y Y Y O • i O O • O ~ H C YO OD 0° NO 1j9}Y~F~`O JO MO YO WVVC iie 00 •O m OOW YM V`N NN O Y° ~Y °Y awVN OPO •V NO ~~ OO~ ~ kYx!. ••e ie Oi o o ue ~w e^ PNVN • VY v a{ ~>>~ y1 o r i y Y• i ~D~+nL ~ b b rY N V NV ~ e. uY J. u~".r y~ N y F ~ ~ ~ ~ ~~ y ~ e~,~w: > Y H Z ; y Wu i ^ G~' GOOK\: oe o~ a~ k o~ °~ eA a0 eoD~ eo(~ ob e~ 071'Y ~' eo e o o p~ b ~~ o ooOY oe OYY oY C~ <* NN N N N s N~+ N NNY MM NW YP O NN• Npppp iw$y 1 NO N N -N-M NN~ • iq yY~~p N i°IA VZ WO iy~ MG Y -N Y~ NOJ4y •J SA ~ ~'0~~ N • M ~ $ C H 9 N p~ }qyi .}p] 1~$y{ ~ O ~ .A TN Y i A ~ ~!. 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M\ yy, O~ Sp0t14 O~ OI~I O CE 1'a N n n ti` ~ ~~ N n e~ O S O lr1 H ° _ N,J O ~ O O h S° r° a" y w e Upp F Or Psi NOti O'~ PN 6 }an 1`~'Ji ~OGN 0° 0~ SM O ~l+ gY ION pa S,C'~~ „ SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: /~ ORIGINATING DEPT:~ity Manager's Office CITY MANAGER: tY ~~ PREPARED BY: DEPT HEAD: SUBJECT: 2006 Hazardous Vegetatiou Program Commencement Resolution RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The attached resolution represents the first step in Sazatoga's Hazardous Vegetation Abatement Program administered by the Office of the Agricultural Commissioner. The Commissioner has determined that the parcels in Saratoga on the attached list have excessive weed growth which is afire hazazd or otherwise noxious or darigerous~ t wou a apptopria e a s me or e i Council to adopt the resolution setting the public hearing for hazardous vegetation abatement for January 18, 2006. `` FISCAL IMPACTS: No fiscal impact to the City of Saratoga if the resolution is adopted. Santa Clara County recovers its costs from the administrative portion of the fee chazged to property owners. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The County could not perform hazazdous vegetation abatement. It would be necessary to depend upon property owners to take caze of their own abatement. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: The County sends the property owners of the parcels three notices informing them that the hazardous vegetation must be abated, either by the owners or by the County; when County abatement will commence if work is not performed by the properly owner; and how they may present any objections at the public hearing. The public hearing is noticed in the Saratoga News as well. ARer the public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. The final steps take place next summer, when the County presents the Council with a list of properties whose abatement bills have not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing will be published in the Sazatoea News on January 4, 2006 as required by law. The County will mail out notices to all of the affected property owners. ATTACHMENTS: Attachment A -Resolution Attachment B -Notice to property owners Attachment C -List of pazcels -~ RESOLUTION NO.OS- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain streets, sidewalks, highway, roads and private properly; and WHEREAS, said vegetation attain such growth as to become a fire menace or are otherwise noxious or dangerous; and WHEREAS, said vegetation constitute a public nuisance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That hazardous vegetation does now constitute a public nuisance; 2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the tract, block, lot, Fire Mazshal; 3. That it is ordered that Wednesday, the 18th d~ of January. 2006, at public hearing during a ~ regular meeting which will begin at 7:30 p.m. in the Sazatoga Civic Theater, 13777 Fruitvale Avenue, is hereby fixed as the time and place where objections to the proposed destruction and removal of said vegetation shall be heard and given due consideration; 4. That the County Fire Mazshal is hereby designated as the person to cause notice to be given in the manner and form provided in Article 15, Chapter 7 of the Sazatoga Municipal Code, and as the person to hereafter cause abatement of such seasonal and recurring nuisance. The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regular meeting held on the 7`h day of December 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk NOTICE OF HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Sazatoga, California, has set Wednesday, the 18th of January 2006 at 7:00 pill. In the City Council Chambers at 13777 Fruitvale Avenue, Sazatoga, California, as the time and place For public hearings on: RESOLUTION OF THE CITY COUNCIL OF THE CITX OF SARATOGA ORDERING THE ABATEMENT OF PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION. All interested persons. may appear and be heazd at the above a time and place. If you challenge the subject projects in court, you maybe limited to raising only those issues you or someone else raised at the public hearing described in this notice in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council's information packet, written communications should be filed on or before the Thursday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Sazatoga City Clerk at 13777 Fruitvale Avenue. Questions maybe addressed to the City Clerk, 868-1269. /s/Cathleen Boyer City Clerk PUB: Ol/04/06 v County of Santa Clara Department of Agriculture and Environmental Management Weed Abatement Division 1553 Berger Drive Building 1 San Jose, CA .95112 (408)282-3145 Fax (408) 286-2460 December 1 ", 2005 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner, Your jurisdiction, contracts with the County of Santa Clara to operate a Weed Abatement Program to protect your property and the area surrounding it from possible fire. The County is providing this information and notice packet to you as part of the Program. We encourage you to read the information carefully, and do not hesitate to call us for clarification or other information. Your jurisdiction has or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds or other debris. In addition, your jurisdiction will be con u 1 the place stated in the attached notice to destroy weeds. The public hearing provides an opportunity for you to raise any objections to the requirement that you remove fire-hazardous `r vegetation/debris from your property prior to the deadline provided in the attached abatement schedule. If the Weed Abatement Program is approved for your property during the public hearing, the County will be authorized by its contract with the cities, and by state law, to pertorm an inspection of your property to determine whether or not the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction, This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. After the inspection, the County will order necessary abatement work, and have that work completed by a County contractor. The County will choose the least costly method of abatement considering the physical characteristics of your property and environmental concerns. Added to the Est of abatement is a County administrative fee. These fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill foibwing confirmation of the charges by your jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. You can avoid all costs by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs through October. in preparation for this program, please take the time to complete and return the enclosed Reolv ._ Form so that we understand your intentions regarding maintenance of your property. Unless you contact this office to indicate otherwise, you will have consented to the entry of authorized personnel on your property for inspection purposes and for any necessary abatement; and, in Bard of Superviaon: Ronald F. Gage, Blanca Alvarado, Pete McHugh, James T. Besll, Jr., Liz Kuiss Coaoty Ezeeutive: Peter Kutras, Jr. the case of locked properties, you are consenting to county contractors accessing your property using whatever reasonable means are necessary. If you designate in your reply that you intend to abate thB w@ed8 yOUfS@If, you are expected to complete the abatement before the deadline listed on the abatement schedule and maintain fire safe conditions for the duration of fire season. Responding that you intend to provide maintenance yourself does not release you from tMs responsibility to have the maintenance completed before your deadline and repeated as necessary to maintain Minimum Fire Safe Standards. County contractors will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction. Enclosed you will find the following information: / A Reply Form specific to your property. Please complete and return promptly. / A Notice to Destroy Weeds informing you of an upcoming public meeting that you must attend if you have any objections to the proposed removal of hazardous vegetation or debris from your property. / A Weed Abatement Program Schedule for your city and a current County price lief. roc urea ou e . Please be aware that any abatement performed by the County contractor must be in compliance with ali applicable environmental protection regulations. If your property falls wfthin an area -.o designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods of vegetation clearing may be regulated by spec'fiic laws or local ordinances. If you are no longer the owner of the property ident~ed by this mailing, please notiy the County immediately. if you sell your property after the date of this letter, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for alt hazard abatement charges assessed to the property. Our goat is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure that all properties are safe from fire at all times during the year. If you have any questions about your property or need on-site advice to help you achieve compliance with the Minimum Fire Standards, please call the Santa Clara County Weed Abatement Program at (408) 282-3145. Sincerely, Greg Van Wassenhove Agricultural Commissioner County of Santa Clara _ ~ .., C ~ i' O , ~ ~ ~ ~ Q7 ,~ ~ CS ~ ," a ~ 0 ~°~~~~~ c n d ~o o~~~m .~ ~.~~~~~ c• ~q Y W . ~ = ,~.,~ yy N tttR66333 ~ QN+mI tl1 y g ~ C N ~ ~F ~ p~ N ~ Jl ~ ~~ oa~ ~ c~a'r ~ i.v ~5cc3 ~ ~ c8i ~ m~mp t~ ~ d~~-~~~ ~ ~~ ~ m o~-~-- £~ .~ ~ ~ ~ ~~9~~ E 8 ~ ~ ~ ~ ~ E ~ ~ W ~ E ~ ~ ~ '~ ~ '$ ~_ ~ ~~~ o d>~~ c~~"~' ~E~~jR`aII~m ~ '~~~~~-$~~~a ~~~~_~ ~ ~~~~~~~~b~~b~ .r ~n1 ~ g~~~ cE E~gag~ ~b:~~ ~n ~ ~ 5x CR~ ~ ~- ~~~gqq fEgi (~ ~~ w` ~~ v ~a e:° ~~~~ ~~~ wE S~ ~ ~E `~~¢ ~~a ~~~~ $_ ~s, ~ ~~{ _, a ~; :~37 ~ ~~~ ~ ~~~ ~~ s . ~~~ ~ ~~ ~ . ~~ ~,~ - T~ r ~ ,_ ~~ ~ ~~ ~~ ~~. ~~~ ~ ~ E ~~ ~ ~~ ~ w~~ ~: ~~. ~& .~ F "Fi `d ~ i a '~~ ~ ~~ ~~~ ~ ~~ ~~ ~ ~ ~ s~ - ~ ~~ ~~~ i.Tc~ 6 ~$ ~~ ~~ ~. , F~ ~~ ~ ~ S ~~ ~ ~ a~ i $g r a xg ~d s aj ~~ ~ ~: ,~ ~~~ $~~ ' i ~~ r ~ ~ ~~ ~~ d ,t ~~~~~ a` . ~ ~ ~-~ ~ ~ _--- ~ .~ ,mob ,~tt ~'' ~ 1° d '~ ~ ~ ~ ~ .~ m ~. ~~~~~c ~ ~~~~~'1~y~y'j~~ ~~ ~_ L}- ~~ l ~ ~~ ~ ~ ~~g~~~ae ~ ~ ~ ~~ .$~~ ~ ~~~ ~~ ~~ ~. ~p $ ~~ O ~. f; ?006 Return Reply Form IMPORTANT: Please complete this form and main back to the Agricultural Commissioner's Office no later than JANUARY 75, 2006. Thank you. NAMES CONSTRUCTION INC 1069 AUDREY AV CAMPBELL CA 95006-6402 s~~r~E TRA: 15033 Please check the box that applies for each pared tsee explanations bekxwl_ arcel Number Site Address A B C 503-72-014 14805 MASSON SA NAMES CONSTRUCTION INC t I am no longer the owner of this property, and the new owner information Is listed bekw/. Please return Repy Fortn Mend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from April 1, 2008 through the and of the fire season. All parcels on the abatement list remain subject to inspection to ascertain compliance. Non-compliance will resuR in the abatement of weeds by the County contractor end the resulting charges added to the property tax, I request that the County Contractor perform weed abatement work on this parcel. Charges for this work wiN be added to my property tax bill. Work may commence on or about March 1st, 2008. Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement. If your property is fenced/locked, please provide instructions on how to enter the property. If you are no bnger the owner of the property identified by this mailing, please notify the County immediately. !f you sell your property after December 1st ,2005, ft is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will lie liable for all hazard abatement charges assessed to the property. Thank you. Signature Name (please print) Date Day Ume phone Fold Here First Retum Address -.-•-•-•-~-~-•-•-~-~-•-~-•-•- -~-~-•-~- -•-•- -•-~-~-•-•-~-._._._._._._._._. Santa Clara County Weed Abatement Program Office of the Agricultural Commissioner 1553 Berger Drive, Bldg. #1 San Jose, California, 95112 Fold Here Second Use Tape To Secure TRA 15 Notice to Destroy Weeds NOTICE IS HEREBY GIVEN that on December 7, 2005, pursuant to Article II of Chapter 6 of the Saratoga City Code, the City Council passed a resolution declaring that weeds, rubbish, refuse, obstructions or other dangerous materials as hereafter described, existing upon your property, or upon the adjacent street, constitutes a public nuisance, which must be abated by the removal and APCtnlrtlnn thereof - NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove and destroy all ~" such weeds or brush or rubbish or other materials from their property and the abutting one-half of the street in front and alleys, if any, behinds such property and between the lot lines thereof as extended, or in front of which, said weeds are removed and such cost will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objection to the proposed nuisance abatement are hereby notified to attend a meeting of the City Council, Council Chambers of City Hall at 13777 Fruitvale Ave., Saratoga, California, to be held on Wednesday, January 18th, 2006, at 7:00 p.m., or as soon thereafter as the matter can be heard, when thew objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) TRA 15 SARATOGA WEED ABATEMENT PROGRAM SCHEDULE January 18th, 2006 Commencement hearing to consider objection to abatement list. April 15th, 2006 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. August 2nd, 2006 Assessment Hearing to protest abatement charges. (Date subject to change, please confirm with City Clerk) 2006 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST Prices INCLUDE a 150% County Administrative Fee PARCEL SIZE: 1'` Disc + 2"d Disc =Total Discs 0-12,500 sq.ft. 473.91 157.97 $631.88 12,SOlsq.ft.- 43,560sq.ft. 492.86 $164.29 $657.15 Larger than 1 Acre 473.91 $157.97 631.88 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally requued during the first discing. B) HANDWORK $94.78 PER PERSON. PER HOUR C) FLAIL 6 Foot Mower $227.48 PER HOUR MOWING 12 Foot Mower $290.66 PER HOUR D) LOADER WORK $278.03 PER HOUR E) DUMP TRUCK $278.03 PER HOUR F) BRUSH WORK $88.46 PER HOUR G) BOOM MOWING $328.58 PER HOUR G) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site chazge. *Please note-this program does not offer herbicide application as a method of abatement ~.. 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Schmidt, Asso t~ C~ HEAD: .TOhn F_ ,ivtnoctnna SUBJECT: Independent Contractor Agreement for Focused General Plan Update with Deborah Ungo-McCormick Consulting RECOMMENDED ACTIONS: Authorize the City Manager to execute the agreement with Ungo-McCormick Consulting for planning and development services to prepaze a focused update of the City's General Plan. REPORT SUMMARY: The Planning Department is in the process of updating three Elements of the City's General Plan: the Land Use Element, Conservation Element and the Open Space, Recreation and Trails Element. The Land Use Element was last updated in 1983, the Conservation Element in 1988, and the Open t. Space Element in 1993. Staff initially attempted to update the Elements; however, they have been unable to meet performance expectations due to limited staffing and permit processing obligations. A consultant, under direct management of planning staff, will prepaze the update. Staff will provide the consultant with all information previously prepared including access to the City's mapping programs to ensure that the Land Use Map and appropriate Trails Maps aze updated. In August staff sent Requests for QuaIifications/Interest (RFQ) to fourteen (14) consulting firms located throughout the Bay Area to update the three {3) Elements. Staff received six (6) responses and sent out a Request for Proposal (RFP) to all responding firms. Of the six (6), only three (3) submitted-a-formal__ ~rnposal.__.Staff~nvitedall_three ~3)_firmsso__participate_.in_a pan .i in erviPw __. consisting of two (2) members of staff, a Land Use Advisory Committee representative, aTrails and Pazks representative, and a Planning Commissioner. One (1) firm declined an interview. The consulting firm of Ungo-McCormick Consulting was selected. Ms. Ungo-McCormick is currently providing planning consultant services to the City. Ms. Ungo-McCormick submitted a bid proposal of $80.000.00 with a projected completion date of December 2006. FISCAL IMPACTS: The budget for this fiscal year includes a 1 % General Plan Maintenance Fee on building permits. Based on average building permit fees generated in past years the Planning Department is estimating available revenue to be approximately $70,000.00 for Fiscal Yeaz 05/06, which is $10,000.00 less `' than the current proposal. In order to meet revenue projections to pay for the General Plan Update within the General Plan Maintenance Fee budget, staff will be working closely with the consultant to phase the project in Fiscal Years 05/06 and 06/07. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without a contract planner, the City will have difficulty updating the General Plan to meet State mandates. ALTERNATIVE ACTIONS: Select another option to meet City's needs. FOLLOW UP ACTIONS: Execute the contract agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. Contract ..i 2 CITY OF SARATOGA STANDARD. INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Deborah Ungo-McCormick, ("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 temvs of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Sazatoga. 2. TERM The term of this Agreement commences on December 1, 2005, and extends through December 20, 2006, or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City In the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similaz to City. City of Saratoga/General Plan Update Contract Agreemrnt Page 1 of 18 Deborah Ungo-McCormick, AICP 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 facilifies 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 teen or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits refetted 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 Michele Braucht ("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 con•espondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication conceming a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice - - - - - ---- - requirements set forth above; nor shalt lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Deborah Ungo-McCormick, AICP 1057 Glen Echo Avenue San Jose, CA 95125-4316 City of Saratoga/General Plan Update Contract Agreement page 2 of 1a Deborah Ungo-McCormick, A[CP Notices to City shall be sent to; John F. Livingstone, AICP Community Development Director City of Sazatoga 13777 Ffuitvale 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 represeritations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are 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 patties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Print Name: Position: CITY OF SARATOGA, a municipal corporation By: Date: Name: Title: Date: City of Saratoga/General Plan Update Contract Agreement Page 3 of 18 Deborah Ungo-McCormick, A[CP APPROVED AS TO FORM: ay: Date: City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: Administrative Services Director Attachments Date: 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 City of Saratoga/General Plan Update Contract Agreement Page 4 of 18 Deborah Ungo-McCormick, AICP EXHIBIT A SCOPE OF WORK Contractor shall complete the Scope of Work as outlined in the attached Focused General Plan Update Proposal, prepazed by Ungo-McCormick Consulting, dated September 22, 2005, and on file in the Planning Department. (Exhibit F~ City of Saratoga/General Plan Update Contract Agreement Page 5 of 18 Deborah Ungo-McComilck, AICP EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Fifty-Thousand dollars $50,000.00) in fiscal yeaz 2005/06 and Thirty Thousand dollars ($30,000.00) in fiscal yeaz 2006/07 for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. The contractor shall bill the City at an hourly rate of $95.00, after receiving written authorization from the City, to perform service out of the scope of work as defined in Exhibit A. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications ofbills, 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, and for authorized reimbursable expenses incurred. There shall be no risht to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to City of Saratoga/General Plan Update Contract Agreement Page 6 of 18 Deborah Ungo-McCormick, AICP EXHIBIT C FAC)~LITIES AND EQUIPMENT Ciry shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of famishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to famish any facility, which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction Facilities. Contractor shall not use such services, premises, Facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City of Saratoga/General Plan Update Contract Agreement Page 7 of 18 Deborah Ungo-McCormick, AICP 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 cun'ently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature, which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical Gaze, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may City of Saratoga/General Plan Update Contract Agreement Pege S of le Deborah Ungo-McCormick, AICP incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract Such pOlhOriS Of the work to be performed under this Agreement as maybe specified by City. 7. 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 e ~ Ame..+ 1+ave nrrnnded the necece rv d ^ ,men a ion 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 part of Contractor, or that the Contractor has already disclosed all such relevant information. -b_-_ -SubsEquent_Conflict_oi Interest. Contractor. agrees that if an actual orpotential __ -- _ conflict of interest on the part of Contractor is discovered after awazd, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City boazd 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 City of Saratoga/General Plan Update Conffact Agreement Page 9 of 18 Deborah Ungo-McCormick, AlCP Contractor. 9. COMPLL4NCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall Comply with the commonlaw 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. 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. City of Saratoga/General Plan Update Contract Agreement Page 10 of 18 Deborah Ungo-McCormick, AICP d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining adrug-&ee workplace.. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant t0 this AgrecmaIlt, 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, 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. _- 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 Seai. 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 professions] responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. City of Saratoga/General Plan Update Contract Agreement Page 11 of 18 Deborah Ungo-McCormick, AICP Seal and Signature of Registered Professional with 11. CONFIDENTLAL 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. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility F : fho ...Y~ chap h ar n l.. ses and damages di*ectly or ind+'reetl~c.. ,sting to rnnrra~t~, to any subcontractor, to the Ciry, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision aze intended by the parties to be interpreted and conshued 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, azbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs 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 on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement City of Saratoga/General Plan Update Contract Agreement p~ 12 of 18 Deborah Ungo-McCormick, AiCP between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. 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. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements every subcontractor, sub tier contractor or any 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. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no 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. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provrsions_ 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 paragraph. 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: City of S Deborah rage 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, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. 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 or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior 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, contractor's responsibility, indemnification, insurance, dispute resolution, ltigation~an~urisdiction and, severability shall survive temvnati_on of this A~reement,___ __ ___ 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 shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, azbitration, if agreed to by all parties, or litigation maybe pursued. In the event any dispute resolution processes aze involved, each party shall bear its own costs and attorneys fees. 18. LITIGATIONIf any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. City of Si Deborah 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of Califomia. 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 insofaz 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 will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 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 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. Deborah Agreement rn~c ao oa •o EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. ThOSe that have an "x' 1ndlCated 111 the space before the requirement apply to Contractor'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 Fruitvate Avenue, Saratoga, 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 GenerallBusiness 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 hazazds MiJST 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 it. ___ _ --__ X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage _ $ per person/$ per accident for bodily injury _ $ per occurrence for property damage _ $ 500,000 combined single limit for bodily injury and property damage _ Gazage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles aze kept or driven. ProfessionaUErrors and Omissions Liability with coverage as indicated: City of Saratoga/General Plan Update Contract Agreement Page 16 of 18 Deborah Ungo-McCormick, AICP _ $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain ProfessionaUErrors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. _ Workers' Compensation Insurance _ 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 aware 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 nrovisions before commencing the performance of the work of this contract The contractor is an independent contractor in the performance of this agreement and is not an employee of the City of Saratoga. The Contractor shall not have any claim under this agreement or otherwise against City for any social security, workers composition or employee benefits extended to employees of the City. This Agreement is solely for the term specified above there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this agreement be supplemented or continued by the Contractor under a new agreement following expiration of termination of this agreement. X Additional Insured Endorsement(s) for Commercial Genera]/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT accttable without a separate 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 standard cancellation clause: "...endeavor to ..." AND ".. . but failure to mail such notice shall impose no obligation or liability of any kind upon the 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 declared to and approved by the City. At the option of the City, either (I) 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 guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability 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: 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. 3. Coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice by -_- _certified_mail, return receipt r .nti .ct .d haS.heen ~Yffi h . [''tv- _ ____ _ __ __ d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII City of Saratoga/General Plan Update Contract Agreement Page 18 of le Deborah Ungo-McCormick, AICP EXHIBIT F City of Saratoga Focused General Plan Update Proposal September 22, 2005 r Ll.~&c~a-/'"t/E~~'o~r~eic& G'onsultinr,~ ~:~r~1 ?!se r~r~d Enviranrnenfal Planning 1057 Glen Echa Avenue San Jose, CA 95125-4316 408/297-8'763 408/286-7840 (fax) ungomcr.@netgate.net Ungo iV!£Cornzick Consulting Land Use and Environmental Planning September 22, 2005 Ms. Theresa Schmidt, Associate Planner City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 Subject: Proposal for a Focused General Plan Update Dear Ms. Schmidt: Thank you for contacting me regarding the City of Saratoga's need to update elements of the General Plan. On behalf of my team, I am very pleased to present this proposal to the City to undertake this assignment. The proposal includes a description of the City's needs in terms of updating the General Plan, a scope of services, a project budget, an estimated schedule, and a description of the project team. Project Understanding Based on the Request for Proposal and discussions with the City staff, it is our understanding that portions of the City's current General Plan require updating to reflect current conditions in the City and the vision for future growth of Sazatoga. As stated in the Request for Proposals, "the City of Sazatoga, which incorporated in 1983, has aloes-density residential land use pattern that is well established and is unlikely to change." Thus, it is also our understanding that no significant changes __. ___.~antiEi~a_t_ed in_#he land use pattern of_the Citv of Saratoga__Ratherl_the_main___ purpose of this assignment is to create a document that is updated to meet current State Guidelines, is internally consistent and is generally a more user-friendly document. Specifically, the land use element is now over 20 years old and many changes have been made in the content of land use elements by the State legislature. In addition, new development, annexations and land use-related citizen initiatives, which have occurred during this time period that need to be reflected in the General Plan. The Conservation Element and Open Space Elements are also dated and must be revised to be consistent with current State Guidelines, the updated Land Use Element and current desires of the residents of Sazatoga. In addition, the City is looking at merging these documents to create a single element. The City is also looking at the potential of incorporating the City Parks and Trails Master Plan into Ciry of Saratoga GP Update Proposal P• 2 September 2005 this document. However, based on follow up conversations with key staff, it is our understanding that portions of the Master Plan are currently undergoing modifications related to the De Anza Trail, and the anticipated timeline for this change may be in conflict with the anticipated timeline for this focused update. Thus, the City is now considering maintaining it as a separate document. The scope of services included below is based on this understanding. Although much of an updated General Plan has been recently prepared, the task remains of finalizing an updated Land Use Element and an updated Conservation/Open Space Element, preparing necessary CEQA documentation and shepherding the revised document through the citizen review and public hearing process. Scope of Services The following scope of services is proposed. This task will include a preliminary meeting in City Hall with all affected project participants, including, but not limited to, the City's project manager, Community Development Director and the consultant team. The purpose of the meeting will be to review and finalize the scope of services, the schedule and to allow the consultant team to gather all relevant background material to allow the remainder of the scope of services to be completed. Task 2: City Coordination A series of bi-monthly meetings between the City staff, appointed advisory committee and consultant project manager will be scheduled. The purpose of the meetings will be to discuss on-going progress of the General Plan update, review completed work products and to discuss any identified issues or problems that weld-5ff~fht+-nrniart-cr~hpei,rlc-~~c -a.,r,'rc,.s+o-+t,n+-+k~..,•..i~+Q-„t~.,.at.._a.....,._.,..._. will be done concurrently to the greatest extent possible. Task 3: Finalize Land Use and Open Space/Conservation Elements As identified in the RFP, several key components of the two updated Elements have already been drafted. These components of the element include: Introduction, goals and polices statement, land use densities and intensities, a summary of citizen initiatives affecting planning, single story limitations for Saratoga Woods, a summary of existing land use acreages, annexation policies, hillside development policies, public and quasi-public facilities, office development standazds, General Plan land use categories and standards, cellulaz facility policies, historic resources, arbor resources, second dwelling unit policies and code enforcement policies. City of Saratoga GP Update Proposal September 2005 p. 3 Remaining tasks include goals, policies and standards dealing with area plans, Williamson Act contracts, sustainability and watershed areas and park dedication standadds. Task 4: Community Outreach 'The consultant will work with the Citizen Advisory Committee to review the Land Use and Open Space/Conservation Element. It is anticipated that six meetings will be held, including up to three community meeting in key azeas of the City intended to inform and engage the community regazding the proposed Land Use and Open Space/Conservation Element updates. The consultant will work with the Citizen Advisory Committee to schedule community meetings. Preliminarily, these meetings would include: Meeting One: Background and Orientation -Advisory Committee Meeting Two: Discussion of Key Issues -Advisory Committee) Meeting Four: Review Draft Policies -Community Meeting Meeting Five: Review Draft Policies -Community Meeting Meeting Six: Finalize Draft Elements -Advisory Committee (possible joint meeting with Planning Commission and City Council) The consultant team will be responsible for preparing meeting agendas, supplying discussion materials and preparing meeting summaries. City staff will be responsible for providing meeting facilities and notification of the Advisory Committee and Community-wide Meetings, and posting of information on the City's Web Site. However, the project budget provides for a maximum of six Advisory Committee meetings. As part of the community outreach effort, this task also includes preparation of required public hearing notices for Planning Commission and City Council meetings. Task 5: CEOA Compliance Since the proposed General Plan Update is a project that is subject to CEQA, the consultant team will prepaze an Inirial Study analyzing the project. It is anticipated that the Initial Study will lead to the certification of a Negative Declazation. City of Saratoga GP Update Proposal p' 4 September 2005 The Initial Study will include a project description, completion of the standazd CEQA checklist and a text description to support each of the findings. No specalized studies (traffic, air quality etc.) aze proposed to be unaertalten 8S part Of 1)11S tflS~C. these are required, a contract amendment would be negotiated. It is anticipated that the City will provide a standazd Initial Study format. If not, the consultant team will use their standazd format. Five copies of an administrative draft IN/ND will be submitted to the City. City comments and edits will then be incorporated into a final document and 50 copies will be printed and delivered to the City. An additional fifteen copies will be delivered to the State Clearinghouse. CEQA compliance also includes drafting the Notice of Availability and a Notice of Completion for transmittal to the State Clearinghouse. Task 6: Public Hearings combination of Planning Commission and City Council hearings, to review the draft updated Elements and respond to questions posed by elected officials and/or the public. Task 7: Document Finalization Following approval by the City Council, the consultant team will prepare 50 printed copies of the final two General Plan elements and provide electronic copies of each to the City. It is anticipated that all revisions of the City's Land Use Diagram will be prepared by the City staff. .Project Budget -_ - ~he-budget to-completethe above-seape c+f ~varlF would-net exceed $€~AO~This _ _._ includes all professional labor and materials, including printing of the documents identified above. It does not include environmental filing fees, labor to prepare a Land Use Diagram or any specialized environmental consultants. The estimated budget is included as Attachment A. Services beyond the scope of work will be billed at an hourly rate of $95. Preliminary Schedule Based on the RFP, it is our understanding that the City's goal is to complete the update effort within one year of the adoption of the consultant contract. Based on this, we have prepazed an estimated project schedule as follows: City of Saratoga GP Update Proposal September 2005 p. 5 Tasks Estimated Timeline Task 1: Project Organization December 2005 Task 2: City Coordination On-going December 2005 t oug Dec. 2006 Task 3: Finalize Land Use and Open Space/Conservation Elements January 2006 oug July 2006 (works concurrently with Task 4) and leading to consensus approval of draft elements Task 4: Community Outreac April 2006 oug July 2006 Task 5: CEQA Com fiance Negative Declaration issued 30 days upon consensus approva o r documents -August 2006 Task 6: Public Hearings September 2006 -October 2006 Task 7: Document Finalization December 1, 2006 Project Team The project team will consist of Deborah Maxwell. Ms. Ungo-McCormick and Mr. years of experience in the area of project n Ungo-McCormick, Jerry Haag and Jan Haag each bring to this project over 25 ~anaeement, land use and environmental specialize in providing staff support services to municipalities throughout California, which makes them especially qualified for this job because they understand the importance of creating documents that are workable tools for the use of staff and decision makers. Additionally, Ms. Ungo-McCormick has recent experience with the City of Saratoga as a contract planner, which allows her to bring ahands-on knowledge of community issues, resources and expectations to the project. We believe that our experience will allow us to make this a true collaborative effort between our project team and your project team, as we appreciate the value of utilizing city's staff resources and expertise regarding the community's expectations in this effort. Tearrt responsibilities will be as follows: City of Saratoga GP Update Proposal p'6 September 2005 Deborah Ungo-McCormick will be the project manager and will provide primary interface with the Saratoga City staff and the Advisory Committee. She will also guide the prepazation of final General Plan Elements. Jerry Haag will serve as the assistant project manager and will be responsible for providing support to the project manager and authoring the revised elements. He will also have the responsibility of completing the required CEQA review. Mr. Haag and Ms. Ungo-McCormick have collaborated in similar capacity on other projects, most recently in the City of Fremont's two-year effort which resulted in the implementation of several key strategies of the Housing Element. Jane Maxwell is a local Bay Area independent graphic artist who will assist Mr. Haag with Element graphics as needed. She has collaborated with Jerry Haag on numerous projects over the past 12 years. Summary Saratoga in the focused update of the selected elements of the General Plan, and look forward to working with you and your project team in a true collaborative fashion. We feel that we bring to this project the special qualifications required to complete this effort in a manner that meets the distinct needs of the City of Saratoga, anti in the time frame that you have outlined in your Request for Proposals. Please call me at (408) 297-8763 if any of the information presented in the proposal requires amplification or additional material is needed to evaluate my experience and skills. Thank you again for contacting me. --- -- 8uicere y, - ~~ o-7n..--a(J Deborah Ungo-McCormick Principal Ungo-McCormick Consulting City of Saratoga Focused General Plan Update Statement of Qualifications Deborah Ungo-McCormick General Plan Qualifications Town of Los ? ltos Hill Housing Element jjpdarP Deborah Ungo-McCormick assisted staff in the update of the Housing Element. This involved working with the Town's Advisory Committee to identify policies and implementation strategies that addressed comments from the State Housing and Community Development staff, and which led to the ultimate adoption and certification of the Housing Element in Spring 2004. Contact: Carl Cahill, Planning Director, Cry of Fremont. California Housine Element Imnlementation Pmer~m Deborah Ungo-McCormick assisted the City of Fremont staff in the two-year implementation of several strategies of the 2004 Housing Element. This effort included the redesignation and rezoning of over 400 acres of land throughout the jurisdictional boundaries of the City of Fremont, as well as other general plan and ordinance amendments as required to implement said strategies, This project included acity-wide outreach program. Contact: Kathleen Livermore, Senior Planner, 510/494-4438 Town of Los Gatos General Plan Implementation~eram -- ---__ - __ Deborah Ungo-McCormick served as project manager for the Los Gatos General flan Implementation Program. The Los Gatos General Plan 2000 includes approximately 143 strategies that are tazgeted for implementation within a 3 to 5 year cycle. Responsibilities include development of work program for the 143 strategies, management of teams responsible for related implementing programs and activities, development of tools for tracking and reporting to the Town Council on the status of activities and actions. Contact: Suzanne Davis, Senior Planner (408) 354-6874 The Redevelopment A,p~~v of the City of San Jose Proiect Manaeer Guadalu~g River Master Plan Update Deborah Ungo-McCormick served as a project manager for the Redevelopment Agency of the City of San Jose. Responsibilities included development 3I1d 1n1p1etrieat2ti0n Of budgets, work programs and coordination of project teams for several projects. In addition, she served as project manager for the update of the Guadalupe River Master Plan, which included selection and coordination of consultants and coordination of outreach programs. Contact: Ken Talbot, Deputy Project Management Division (former) City of San Bruno General Plan Implementation Program Deborah Ungo-McCormick assisted the city staff with the prepazation of a Specific Plan for multi-use, transit-oriented development of U.S. Navy Western Division Site, San Bruno, CA. She was responsible for preparation of document text, coordination of Contact: George Foscardo, ACIP -Community & Economic Development Director (former) Jerry Haag General Plan Qualifications City of Lathron General Plan U ate Jerry Haag is assisting the City of Lathrop staff in the update an older (1992) General Plan that no longer reflects current conditions within the community. Lathrop, located in San Joaquin County, has experienced significant growth in the past 5 years and is anticipating extending their planning area Contact: Marilyn Ponton, Principal Planner, 209/942 7200 x7292 City of Fremont. California Housing Element Imolementation P^en~m Jerry Haag prepared various environmental documents as required in the processing of redesignation and rezonings throughout the City of Fremont, as part of the implementation of the 2002 Housing Element. Contact: Kathleen Livermore, Senior Planner, 510/494-4438 City of Newark General Plan Environmental Impact Report In the early 1990's Jerry Haag prepazed an Environmental Impact report to assess the impacts of approving a comprehensive general plan update for this community of about 40,000 people in southern Alameda County. The General Plan focused on preservation of their extensive Bay shoreline and development of an industrial employment base. Contact: John Becker, Community Development Director, 510/790 7272 Ciri of San Leandro General Plan Land Use Diag~ Jerry Haag prepared a draft city-wide land use diagram based on a series of community outreach meetings and existing land use conditions. Contact: Norm Weisbrod (former) City of Saratoga Focused General Plan Update Attachment A Proposed Budget Saratoga Focused General Plan Update Deborah Ungo- McCormick Jerry Haag Subs Direct Costs Total Task 1: Project Organization 20 $ Task 2: City Coordination 120 16 $0 Task 3: Final Elements 140 200 $8 000 $0 Task 4: Community Outreach 120 16 $0 Task 5: CEQf4 24 100 $0 Task 6: Hearings 60 16 Task 7: Final Docs 8 20 $2,000 Subtotal (hrs.) 404 332 N/A 0 Billing Rate $95 $95 N/A 0 Total Costs $38,380 $31,540 $10,000 $0 $79 920 Deborah Ungo-McCormick Ms. Ungo-McCormick is an urban planner with over 25 years of professional experience in land use and environ- mental planning, and project management. She has pro- vided contract planning and planning consultation serv- ices to a number of planning agencies in the Bay Area. Her extensive project experience, working with both public and private sector clients, has afforded her oppor- tunities to participate in all phases of the planning proc- ess and has involved working with public agencies at the local, regional and state levels. Ms. Ungo-McCormick's project management experience covers a broad range of projects from small-scale site-specific land use feasibility studies to large-scale multi-use projects and environ- mental assessments. Ms. Ungo-McCormick's project management experience includes the preparation and ar ordination of work programs, budgets and implementa- tion plans and public outreach efforts. Ms. Ungo- McCormick is fully bilingual in Spanish and English. Prior [o beginning independent practice, Ms. Ungo- McCormick served as Planning Manager at Ruth std Going, Inc., a South Bay planning and engineering firm. Ms. Ungo-McCormick also served as Project Manager in velopment Agency of the City of San Jose. She has also served as a planner for the California cifies of Norwalk, LaVeme and Livermore. Selected Experience: Specific Plans, Master Plans and General Plans Ms. Ungo-McCormick has a wide range of experience completing a number of land use and special planning projects, including: • Housing Element Update -Town of Los Altos Hills. Ms. Ungo-McCormick assisted staff in the update of the Housing Element. This involved work- Town of Los Gatos -General Plan /mplementation Program. Ms. Ungo-McCormick served as project manager for the Los Gatos General Plan Implemen- tation Program. The Los Gatos General Plan 2000 includes approximately 143 strategies that are tar- geted for implementation within a 3- to 5-year cycle. Her responsibilities included the development of a work program for the 143 strategies, management of teams responsible for related implementing pro- grams and activities, development of tools for tra~- ing and reporting to the Town Council on the status of activities and actions. Contact: Suzanne Davis, Senior Planner 408/354- 6873 The Redevelopment Agenty of the Ciry of San Jose -Guadalupe River Master Plan. As project manager for the Redevelopment Agency of the Ci[y of San Jose, one of Ms. Ungo-McCormick's key assignments was to manage the update of the Guadalupe River Master Plan. This included the selection and coordination of consultants, and the coordination of outreach programs, in addition to state and federal levels. Contact: Ken Talbot, Deputy Project Management Division (fortter) Ciry of San Bruno U.S. Navy WestDiv Site Spe- cific Plan. Ms. Ungo-McCormick assisted the city staff with the preparation of a Specific Plan for multi-use, transit-oriented development of U.S. Navy Wes[ Div Si[e, San Bruno, CA. Responsible for preparation of document text, coordination of document layout and graphics and community out- roach program through final adoption. ing with the Town's Advisory Committee to idea- Contact: George Foscardo, ACIP-Community & tify policies and implementation strategies that arl- Economic Development Director (fomrer) dressed comments from the State Housing std Community Development staff, and which led to the Selected Experience: Project Management Deborah Ungo-McCormick 2 Ruth and Going, Inc. Ms. Ungo-McComtick served as Planning Manager of this local multi-disciplinary firm. Ms. Ungo-McCormick's responsibilities in- cluded management and coordination of project teams, budgets and workprograms as required for the processing of numerous institutional, commercial and residential development projects and master plans. Contact: Gerry De Young, President 408/235-2400 Staff Support Ms. Ungo-McCormick's experience in municipal plan- ning can assist cities short of staff by extending staff Typical duties might include management of complex development projects, reviewing design review applica- tions, working with citizen groups and fulfilling other typical staff functions. Experience includes: City of Belmont: Ms. Ungo-McCormick Ittovided staff suppoR services for development review, resi- dential design review, zoning map and text amertd- ments, and plan checking, She was responsible for project coordination and staff preparation as required for processing of full range of development review applications. Contact: Carlos De Melo, Senior Planner 650/637- 5440 City of Dublin: Ms. Ungo-McCormick served as contract staff responsible for processing of two ma- jormixed-use projects and a ]00 unit residential do- velopment project. This included multi-agency coor- dination efforts and the processing of planned dis- tricts, mitigated negative declarations, site develop- mentplans and parcel maps for both projects. Contact: Jeri Ram, Dublin Community Devebp- ment Director 925/833-8617 • City of Saratoga: Ms. Ungo-McCormick provides City of Menlo Park: Ms. Ungo-McCormick served contract staff support services to assist with design ~ project manager for the City of Menlo Park. Her ' n Hera] lan am dments rezon- ing and other applications as assigned. program for the Belle Haven Redevelopment Atea Contact: John Livingstone, Community Develop- projects and coordination of work efforts related to ment Director, 408/868-1231 „ its implementation, editing the Belle Haven Neigh- borhood quarter] newsletter re of ire fea City of Sunnyvale: Ms. Ungo-McCormick provided contract planning services to assist with develop- ment review, ordinance amendments, and environ- mental review. Projects for which she was responsi- ble included an environmental audit to determine CEQA requirements resulting from changes in pro- jetted uses and densities for the North Washington Area of the Downtown Specifrc Plan, zoning text and map amendments to Title 19 of the Zoning Or- dinance and processing various projects that required development review. Contact: Tmdi Ryan Planning Officer 408/730-7440 Y P P~rw s - sibility and reuse srudies, and development review . Contact: Don de la Pena, AICP -Redevelopment and Housing Dutctor (former) Other Staff Support: Ms. Ungo-McCormick has also served as a contract planner for the cities of Belmont, Cupertino, San Mateo, Los Altos erd Fremont. Education B.S. Urban Plowing -Califomia State Polytechnic University, Pomona miry o s os: lvts;-Ungd-7t3cCormicK~ro~ided __ - _ __ _ _ _ -- - contact planning services, including development Graduate Studies, Regional Plowing -Califomia review, residential design review, zoning oonfor- State Polytechnic University, Pomona mance review. Responsibilities included project Landscape Architecture Certificate Program - management as required for processing of s multi- University of California Extension, Berkeley, CA use development project for the Tree Farm property. Affiliations The project consisted of a three-story office building, a Residence Iw and affordable housing units. American Planning Association, South Bay RAC Contact. Jim McKenzie, Senior Planner (former) Coordinator, APA Northern Section, 1995 - 1998 American Institute of Certified Planners Jerry P. Haag Mr. Haag is an urban and environmental planner with over thirty-three years experience divided between the public and private sector. Areas of expertise include management of large-scale projects, staff support planning, environmental documentation and special planning projects. His wide range of experience in a number of California communities allows him to work effectively with city staff and the public to ensure thorough work products within established time frames. Prior to beginning independent practice, Mr. Haag served as Northern California Planning Division Manager for Wilson Associates, a major Califomia- based planning and engineering Earn. Mr. Haag was aiso Northern California office manager and Vice President of P&D Technologies (formerly PRC Toups), an international planning, engineering and professional services organization. He has also served as a planner for the cities of Orange, Ontario and Garden Grove, CA. Selected Experience: Specific Plans and Genera[ Plans • Housing Element Update: For the City of Heaidsburg, Mr. Hsag completed an amendment to the Housing Element, working with the Mayor std City Manager to devise a new method for providing affordable housing, Completion of the Element revision involved a significant amount of community outreach and allowed settlement of a three year lawsuit brought against the City by a housing advocacy group. The revised Element received HCD certification in Iuly, 1994. Contact: Mike Wilson, City Manager (former), Genera[ Plan Environmental Impact Report: In the early 1990's Jerry Haag prepared an Environmental Impact report to assess the impacts of approving a comprehensive general plan update for this community of about 40,000 people in southern Alameda County. The General Plan focused on preservation of their extensive Bay shoreline std development of an industrial employment base. Contact John Becker, Community Development Mr. Haag has a wide range of experience completing a Director 510/790 7272 number of special planning prolecis, mcludmg. • General Ptart Land Use Map: Mr. Haag worked with the San Leandro Development Services Deparhnentto prepare a Land Use Map as part of the General Plan. This involved exunsive outreach with various community groups Contact: Steve Emslie, Planning Manager (former), 510/577-3325. • Genera! Plan Update: Jerry Haag is assisting [he City of Lathrop staff in the update an older (1992) General Pian that no longer reflects canto[ conditions within the community. Lathrop, located in San Joaquin County, has experienced significant growth in the pas[ 5 years and is anticipating extending their planning area. - Cantaz-t:- Marilgtr Pomotr. Principal Planner, 209/942 7200 Other Specific Plans and General Plans: Mr. Haag has prepared been a member of teams which have prepared large-scale master plans for Rancho Santa Margarita in southern Orange County, a3000-acre master plan for residences and a ski resort is Steamboat Springs Colorado, a 1500-acre mixed use plan in Mesa Arizona, a master plan fora 20,000-acre property on the outskirts of Colorado Springs. He also served as the staff consultant to the City of Ontario for the update of the General Plan in 1989. • Arques Campus Specific Plan: Mr. Haag authored a specific plan fora 35-acre R&D project in the City of Sunnyvale for Applied Materials, Inc. The project will include estate-of-ihe-art Tech Center .for tes~chip fabrication a ui rnent and prototype __ lab space. The total amount of development is 1. ] 4 million square feet of floor space • Housing Element Implementation Program: Jerry Haag prepared various environmental documents as required in the processing of redesignation and rezonings throughout the City of Fremont, as part of the implementation of the Fremont Housing Element. Contact: Kathleen Livermore, Senior Planner, 510/494-4438 • Indusdia[ Area Specific Plan: Mr. Haag authored a specific plan fora 300-acre industrial area for the City of Newman, located near Modesto, Contact: Wei Chiu, Senior Director, Global Real Estate and Facilities 408/986 3940 East Dublin Specific Plan: Mr. Haag cornttrettced preparation of a major specific plan and EIR on 7,200 acres located in East Dublin. The planning area involved numerous large and small property owners. Mr. Haag's role included conducting initial meetings with al] owners and authoring an opportunities and constraints report. Contact: Larry Tong, Planning Dircetor, 510/833- 6610 Contact: Steve Hollister, City Manager 7er~'Y Iiaag Page 2 Selected Experience: Project Management and Staff Support Mr. Haag's experience in municipal planning has assist cities which are short of staff by extending staff. Typical duties have included managing complex environmental projects, reviewing development applications, working with citizen groups, and fulfilling other typical staff functions: Experience includes: Ontario Mills Specific Plan and EIR: Mr. Haag was selected by the City of Ontario to serve as a special project manager for the review of a 1.9 million squaze foot discount regional shopping center and ancillary development. The project included a specific plan, EIA, site development plan and pazcel map. He is currently completing the mitigation monitoring and reporting program ands CEQA. Contact: Otto Kroutil, Ontario Community • Other Staff Support: Mr. Haag has served as a contract planner for the cities of Windsor, Palo Alto, Cupertino, Pleasant Hill, South Sm Francisco, Brentwood, Dublin, Sebtl4tOp01, Healdsburg, Ontario (CA), Belmont, bake Elsinore, and Saratoga Selected Experience: Ordinances and Special Projects • Ordinance Preparation: Mr. Haag has receculy completed comprehensive Development Codes for the Cities of Healdsburg and Ontario (CA). • Annexations and Spheres of Influence: Mr. Haag has extensive experience processing municipal annexation requests and analyzing spheres of influence. Selected Experience: Environmental Planning Experience includes preparation of initial studies, negative declarations and environmental impact reports, including: • Shearwater Speci, fic Plan and EIR: Mr. Haag was recently selected to provide consulting support services for a retail and hotel complex adjacent [o San Francisco Bay where major issues include on- site wetlands, traffic and hazardous maurials. Contact: Bob Beyer, Community Development Director, 650/877-3990. • South Schulte Specific Plan: Mr, Haag is currently working with the City of Tracy to review a mixed use specific plan fora 1200-acre plan which includes a mix of residential densities and a community center. He will also be the principal author of the EEt for the project. Contact: Bob Conant, Tracy Senior Planner, 209/836 2665 • Residential Master Plans. Mr. Haag served the City of Tracy as a consulting planner to review five residential plans totaling over 3,000 lots scattered throughout Tracy. He also completed annexations for each of the properties. Contact: Bob Conant, Senior Planner, City of TmcY • Ciry of Healdsburg: Mr. Haag as served as a consulting planner to the City for nearly three years, providing a variety of services, including general plan amendments, project reviews, Planning Commission staff support and many other services. Contact: Richazd Pusich, Public Works Director (former), 707/ 431 3346 • Gateway Business Park EIR. Mr. Haag completed a full EIR for the development of a high-tech business park in the City of Newark. Proposed by the landowner, the Cargill Company, [he site is envisioned to accommodate 2.1 million square feet of floor space. Major issues includes treatment of on-site wetlands and relationship to the adjacent San Francisw Bay. Contact: Jim Reese, Community Development Director, 5101790-7214. • I.a Visra Quarry EIR: Mr. Haag completed an EIIt for the annexation and development of a large active quarry area neaz the City of Hayward. Issues included visual impacts, traffic, provision of services and noise. This was done in 2003. rontact__Oary-Calame, Senior Planner, 510_583___ 4226 • Fairfield Mixed Use Residential. Mr. Haag authored a mitigated negative declaration in 2003 for approximately 300 rental units and a significant commercial project adjacent to the SSF BART station. Contact: Mike Lappen, Senior Planner, 650 877 8535 • Other E/Rs: Mr. Haag has supervised the completion of Environmental Impact Reports for the cities of South San Francisco, Vallejo, Half Moon Bay, unincorporated Calaveras County and St. Helena, California. J Haag Page 3 Education M. Public Administration, California State University, Fullerton. B.A. Political Science, University of California, Berkeley. Certificate, Light Construction Management, University off California, Irvine. Affiliations American Planning Association, Communication Director, APA Northern Section, 1998-present SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: 1 ~-' ORIGINATING DEPT: Community Development and CITY MAPIAGER: ~"~G~-- Public Works PREPARED BY: John F. Livingstone, AICP DEPT HEAD: - , - - ohn F ivingstone AiCP SUBJECT: SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE RECOMMENDED ACTION(S): Adopt the attached resolution in support of the Guidelines and Standazds for Land Uses neaz Streams (G&S) and the 2005-2006 Implementation Program of the Santa Clara Valley Water Resources Protection Collaborative. BACKGROUND: The Santa Clara Valley Water Resources Protection Collaborative (Collaborative) was convened in Februazy 2003 as an ad hoc working group to address issues related to land use near streams. ~-- The Collaborative consists of representatives from all 15 municipalities in Santa Claza County, the County of Santa Claza, the Santa Clara Valley Water District (District) and other community, business, and environmental group stakeholders. The origins of the Collaborative trace back to the District's effort to extend its permitting authority beyond its traditional jurisdictional boundary of 50-feet from streams and other District facilities within Santa Clara County. Representatives from the cities in Santa Clara County and the County of Santa Claza, while supportive of the District's goals of stream and riparian corridor protection, preservation of surface and groundwater quality, and flood protection, were concerned about the potential conflicts between the District's pemut requirements and local agencies' land use and zoning regulations. The Collaborative was formed as aconsensus-based forum in which the local agencies, the District, and other interested parties could jointly develop 1) a set of guidelines and standards for land uses near streams consistent with their mutual stream protection goals, and 2) an implementation program which cleazly delineates the roles of the District and the local agencies in land use permitting and regulation for properties near streams. Staff from the local agencies, District representatives, and stakeholders from community and environmental groups, assisted by a professional facilitator, have met monthly for the past two and a half years as members of the Collaborative. The long-range proposal is for cities and the County to incorporate the G&S and supporting documents into their development review processes and eventually take over permitting authority currently held by the District per their Ordinance 83-2 for projects near streams. This will provide greater local control of development '~ near streams and accelerate the process for the applicant by eliminating one layer of review. DISCUSSION: The Collaborative has recently achieved a major milestone by reaching consensus on a number of key policy issues and guidance documents. These documents represent the work of professional staff and the facilitation consultants hired by the District, and are ready for preliminary review by governing bodies of the 15 cities and Santa Clara County. The attached resolution is being submitted to Council for approval in order to formalize the consensus points agreed to by the Collaborative and supported by staff. Specifically, the resolution provides that the City supports the foundational principles of the Collaborative and commits to make an effort to incorporate the Guidelines and Standards for Land Uses near Streams and accompanying documents into our land use approval processes by February 2007. These documents can and most likely will be modified to suit the needs of the City, and residents and the development community. Furthermore, it commits the City to future participation in Collaborative meetings by staff and provides that we will work cooperatively with the District in the early stages of the process of considering transitioning from District permitting authority for land development/alteration within 50 feet of creeks to City permitting authority. With regazd to permit authority for land development/alterations neaz streams, the Collaborative is considering three options: 1. City assumes permitting authority for land development/alterations that impact streams. 2. District retains pemvtting authority for streamside parcels. -... 3. A hybrid arrangement where City assumes a portion of pernvtting authority neaz streams and District assumes some portion of permit authority neaz streams. At this point, staff does not feel comfortable with Option No. 1 because we neither have the expertise or staff resources to take on all of the permit responsibility. For instance, staff does not have the expertise to check slope stability analysis calculations or bridge pier scouring calculations. We will not know what level of permitting authority, if any, that is appropriate for the City to take on until we have a chance to thoroughly review the G&S and determine how they apply to out current standazds and practices. Currently Staff is supporting Option No 2. Members of the Collaborative and support staff have jointly developed the following documents: • Guidelines and standazds for Land Uses Neaz Streams Implementing Tools for the Guidelines and Standards for Land Uses Neaz Streams • Adaptive Management Plan and Process for the Guidelines and Standards for Land Uses Neaz Streams • Work Plan for Outreach for the Guidelines and standazds for Land Uses Near Streams • Work Plan for the Water Resources Protection Collaborative (September 2005 -February 2007) • Work Plan for Early Consultation Program for Review of Land Uses Neaz Streams • Work Program for the District's Comprehensive Plan 2of6 The Guidelines and Standards for Land Uses neaz Streams cover a wide range of issues affecting land development near and in local streams. These issues include recommended building setbacks, riparian corridor buffers, creek bank stabilization techniques, vegetation management (e.g. preservation of native riparian vegetation while discouraging planting of non-native, invasive species, etc.), bridge and storm drain outfall design, and floodplain management. It's important to note that most of these issues are akeady addressed as part of staff's discretionary review process for developmettt/redevelopment near streams. We do not anticipate a need to modify our ordinances to accommodate recommendations in the G&S. Adoption of these G&S as ordinances and/or policies by the District and each of the local agencies within Santa Clara County will ensure that stream and riparian corridor protection measures are applied uniformly throughout the County. The local agency members of the Collaborative have agreed to ask their governing bodies to adopt a resolution of support that outlines a number of actions related to the G&S that each local agency will address in the coming years, as described below: 1. A commitment to make best efforts to incorporate the G&S and associated implementation tools into appropriate land use review processes no later than February 2007. As neaz streams and may incorporate appropriate portions of the G&S into our current approval process and include it in our General Plan update or ordinance revisions. 2. A commitment for appropriate levels of staff participation in the monitoring, assessment, and adaptive management processes. This involves providing feedback to the Collaborative on the number of projects we have each year neaz streams and how well the G&S is working. The idea is to fmd out areas of the G&S works well for Sazatoga and what areas need to be modified to better meet our needs. This information will be shared with other collaborative members and used to better refine the G&S and supporting documents. 3. A commitment for participation in a process of eazly consultation with the District for projects near streams, as appropriate. Our current development review process already provides for referral of creek side projects to the District for review. ENVIRONMENTAL REVIEW: Council adoption of the attached resolution is not considered a project under the California Environmental Quality Act (CEQA). Environmental review will be required prior to incorporation of the Collaborative Guidelines and Standazds for Land Uses near Streams into the City's land use review process. FISCAL IMPACTS: The implementation programs identified above will have no impacts on the City's budget if the district retains permitting authority for streamside parcels. There will be impacts on City resources for the other options since additional staff effort will be required if the City becomes 3 of 6 the permitting authority and could delay project processing in general because of these added work requirements. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): An alternative is to modify the G&S or not participate in the Collaborative process. It's important to note that the District has jurisdiction for approval of modifications to land neaz stream banks through their current Ordinance 83-2. District intends to adopt the G&S and modify their ordinance accordingly. If the City takes no action, we will continue to be under the jurisdiction of District and will follow a process similaz to our current process: referring all development applications for projects within 50 feet of streams to District for permits as applicable. Staff is recommending the City adopt the resolution showing support and allowing the City to participate in the prepazation of the final G&S document. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: ResoLuti~n S~tppn_r~g the Develonment of the G sidelines and tandards __ 4of6 RESOLUTION NO. RESOLUTON OF THE COUNCIL OF THE CITY OF sARATOGA IN SUPPORTING THE DEVELOPMENT OF THE GUIDELINES AND STANDARDS FOR LAND USES NEAR STREAMS AND THE 2005-06 IMPLEMENTATION PROGRAM OF THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE. WHEREAS, the Santa Claza Valley Water District ("District"), along with staff representatives of the County of Santa Clara ("Count}'), the fifteen Cities in Santa Clara County ("Cities', the Guadalupe-Coyote Resource Conservation District ("GCRCD"), the San Francisco Bay Regional Water Quality Control Boazd, various business and development interests, property owners, and environmental and community interests have formed and are members of the Santa Clara Valley Water Resources Protection Collaborative ("Collaborative"); and WHEREAS, all Collaborative members shaze the watershed resource protection goals of flood management, drinking water quality and adequate quantity, surface and groundwater quality and quantity, and habitat protection and enhancement; and WHEREAS, the District, Cities and County are committed to furthering these goals through the adoption of land development Guidelines and Standazds for Land Uses neaz Streams ("Guidelines and Standazds") jointly developed with other stakeholders; and WHEREAS, in order to accomplish these goals, the Collaborative recognizes the importance of private creek side property owners' interests, monitoring and accountability, and delineation of responsibility for administering the collaboratively developed Guidelines and Standards to which District, County, and City activities and permit review shall conform; and WHEREAS, it is recognized that he District, Cities, and county through implementation of their National Pollutant Discharge Elimination System (NPDES) storm water dischazge permit, Best Management Practices and other means have continuously acted to protect the watersheds and water quality in Santa Claza County; and WHEREAS, it is recognized that local control is a key principle to be followed in the implementation of resource protection to be followed in the implementation of resource protection goals, and that Cities and the County are the primary jurisdictions for land use planning and the land use permit regulation, and that the broader stakeholder community has a central role in local stewardship and enhanced resource protection; and WHEREAS, the Collaborative has reached consensus on a set of Guidelines and Standazds and a framework for the implementation of those Guidelines and Standards; and 5 of 6 WHEREAS, Council adoption of this resolution is not considered a project under the California Environmental Quality Act (CEQA). NOW, THEREFORE, the City Council of the City of Sazatoga hereby resolves as follows: SECTION 1. The City Council supports the foundational principles of the Santa Clara Valley Water Resources Protection Collaborative cited above. SECTION 2. The City Council supports the following specific components of the Collaborative Resolution of Consensus: 1. A commitment by the City of Saratoga to make best efforts to incorporate the Guidelines and Standards and associated implementation tools into appropriate land use review processes by February of 2007. 2. A commitment for appropriate levels of staff participation in the Monitoring, Assessment and Adaptive Management process. 3. A commitment for participation in a process of eazly consultation with the District for projects neaz streams as appropriate. 4. A commitment for continued attendance by City of Sazatoga Collaborative members at quarterly meetings through February of 2007. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Sazatoga City Council held on the 7u day of December, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk 6 of 6 SARATOGA CITY COUNCIL -- -- MEETING DATE: December 7, 2005 AGENDA ITEM: I ORIGINATING DEPT: Community Development CITY MANAGER; ~~ PREPARED BY: John F. Livingstone, AICP DEPT HEAD: ~ John ivineston AICP SUBJECT: APPROVE BUDGET RESOLUTION FOR NOTICING EXPENDITURES RECOMMENDED ACTION: Adopt Budget Resolution. REPORT SUMMARY: is curt ,' consuming and not a good utilization of staff time. Staff is requesting a transfer of funds from the General Planning Account in the amount of $15,000.00 to contract with an Independent Consultant to perform public noticing services. By utilizing an outside source staff could better ~-- utilize their time in processing development applications and performing other planning related tasks. The costs associated with preparing public notices aze currently paid by the applicant and would continue to be paid by the applicant. The Independent Consultant would ensure public noticing is prepared in accordance with applicable laws and regulations. FISCAL IMPACTS: There will not be fiscal impacts associated with adoption of the Budget Resolution. The cost of processing public notices would continue to be chazged to the applicant. Noticing= 5473 Current Fund Balance @ Remaining Budget Account Budget 7/1/2005 Balance Revision Number Source of Funds 2504010-542-X?DCC Fund Balance 5342,100 5327,000 Use of Funds: Contnet Services S St5,000 2504010-542-5473 Noticing Total Source o[Fuuda: S 5342,100.00 5327,000.00 515,000.00 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There will be continued impacts on the City's resources since an inordinate amount of staff time is required to processing public noticing, which could result in a longer processing time for residents and developers to obtain desired permits. FOLLOWUP ACTIONS: The City Manager will enter into a contract with an Independent Contractor and a purchase order will be prepared. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: Budget Resolution 2 0£3 RESOLUTION NO. A RESOLUTON OF THE COUNCIL OF THE CITY OF SARATOGA TO AMEND THE BUDGET FOR FY2005/2006 TO TRANSFER FUNDS TO PAY FOR PUBLIC NOTICING SERVICES WHEREAS, the City desires to contract with an Independent Consultant to perform Public Noticing Services; and WHEREAS, Public Noticing is currently performed by staff; and WHEREAS, applicants currently pay for staff time to perform Public Noticing with fees deposited into Planning's General Account; and WHEREAS, applicants would continue to pay for Public Noticing services; however fees would be paid to an Independent Consultant. NOW, THEREFORE, THE FOLLOWING IS RESOLVED, by the Council of the City of Saratoga: That the City Manager or Administrative Service Director is hereby authorized to make a $15,000 increase to the expenditure budget for noticing to the budget for FY 2005/2006 to execute this resolution. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regulaz meeting of the Sazatoga City Council held on the 7"' day of December, 2005 by the following Vote: AYES: NOES: ABSENT: _-___ --_ _ _- - - AB . - _ _ _ - -- __ Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk 3 of 3 i ~I r SAIZATOGA CITY COUNCIL MEETING DATE: December 7, 2005 ORIGINATING DEPT: Community Development PREPARED BY: Brad Lind, Building Official AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD• John Livingstone, AICP SUBJECT: SMART Permit Standardized Permit Application RECOMMENDED ACTION: Move to adopt the SMART Permit Standardized Permit Application as the Building Permit Application used on the City of Sazatoga Web Site. REPORT SUMMARY: The implementation of the SMART Building Permit Application is the first step in reformatting the City of Saratoga Web Site to allow Building Permit applications to be processed and viewed 'on-line'. The SMART Permit Application provides Building Permit applicants with the necessary information needed to process Building Permit _1?,pplications~ _ _- -- History: In the early 1990's, a number of Silicon Valley leaders from both the public and the private sectors recognized the importance of an information infrastructure to the Silicon Valley's economic vitality. This led to the development of Joint Venture: Silicon Valley Network QVSV). JVSV began work on a variety of community initiatives including the Smart Permits project. The goal was for jurisdictions in the Silicon Valley to provide the public with on-line information about how to obtain government permits, allow them to track permits electronically and enable governments to review and process applications on-line. JVSV began work with certain cities to develop Internet friendly permit software and with private sector permit vendors to encourage including Internet and web features in their programs. Web friendly permit software is currently being used in San Carlos, Sunnyvale, Mountain View, Fremont, Milpitas, Redwood City, Santa Clara, Palo Alto, San Leandro, Concord and Union City. The SMART Permit Application is currently in use in these Cities. It is also accepted by many other agencies throughout Santa Clara and San Mateo County as well as portions of Alameda, Contra Costa, Monterey, San Benito and Santa Cruz Counties. Adoption of the SMART Permit Application indicates the City of Sazatoga has a commitment to use a common Building Permit form now and investigate providing information via the Internet in the future. FISCAL IMPACTS: None at this time CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ATTACHMENTS: SMART Permit Standardized Permit Application 2 oft TTis avWkatlon ~v t. used Nt: Alameda County, Corlwld, Flerlanl, MRpltas, Mountain Vbw, Peb Ate, Redwood CRY, San cellos, Santa gala. San Leandro, Saratoga, SfaNaiaw ColllaY. Slamyvale, Ulial cur BUILDING PERMIT APPLICATION DATE: APPLICATION NUMBER: Plan Check Number: Pleas. oArd er.erN artdRR M au thn acnly. PROJECT ADDRESS: CITY: L7 PROPERTY OWNER O TENANT O ARCHITECT O DESIGNER O ENGINEER NAME: LICENSE I REGISTRATION 0: ADDRESS: NAME: C17Y/STATEltlP: COMPANY NAME: PHONE N: ~_, FAX#: _(_~ ADDRESS: E*IAIL ADDRESS: CITY/STATEZP: TENANT COMPANY NAME: PHONE t: (_~ FAX#: _~) Judadkl)ona may require wntbn approval from fhe owner. EMAIL ADDRESS: PROJECT CONTACT PERSON: PHONE •: FAX #: ADDRESS: E~AAIL ADDRESS: O CONTRACTOR O OWNER•BUILDER UCENSdI LICENSE CLASS: PHONE e: _~, COMPANYRL4ME: FAX#: _(_~ ADDRESS: EaYWIL ADDRESS: CITY/STATEIZIP: BUSINESS LICENSE M: 1 Mnby a11bm uMw pwWly d pwjury wt l am aanba uMb PrwA.lui. dCMpbr o (eommanebq wNb s.etlan ]000) a arvbiarl ] 0.w abYbb ono Prdb.bb Cabs nl0 ny abb. b b aYl f«e..lb.abl Mb: C.Mna« lulus: 1 Mnby alarm ubw Dwnlb apwlury tlut I am bwnq from w Contractar.lkwwa uwbrw banwlnp rbrm pne 70.713, su.bw an0 PnfuMUU Cab: AaY alb' «COUnq wbkh r.qu0b a pmNl b em.truct, Nhr, hrpmv.. bmoaNr, «r.pak ary mmmua, Prbr b M bau.ne.,.bo n9rOrb w.ppOCaNfar wm Pernal b Oba alplb abbmwa MM «sM b abrnM pnr.unrl b w PwAalan.0.w Corm.elora IJbnb law (duple 0 canrlanebq win aadbn 7000) aDM.bn ] 0.w errbru. 0.b Rab.lab Cob) «M M «m. b b.mptwraran era w baab brw aIIpW aamrptlm. Arrl'vltl.aon aa.etlm 70]130y ary appabm Ibra p.mN.apW. wappam b. eM p.n.ay dnd nun wn On hunOrb omr. 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OYES .....ONO HAZARDOUS MATERIALS YES ~ NOO EXISTING USE: PROPOSED USE: ASSESSOR'S PARCEL: a New BwaMp O Mow BuIIdMp O Tanantlmprovement O Other MAP: _,_ LOT: _ BLOCK: _ SUBDMSION: (Please plFln and mark all that apply) CONSTRUCTION VALUATION: Q NONRFQIDFNrfAI Q RFRIRENTAI o Aadroen O Firo SprMklere O Swimmklg PoOUSpa Dascriptlon: O AReretlon O TermroNDry Rot Repair f] Demolah O Syn O Foundatlon Ony O Cbilrvley Repak O Flre Repair O Repak/RStroRt O Tree Wmowi O CombinaUon Permit (Addroonal InfomuUOn may bs required) DESCRIPTION OF BUILDING; (Pleeae fllF/n andmarkaN that apptyJ ^ OlguBanklProfeealalal0 SMpb Family O Duplex ^ Townhouse ^ Condominium O Apartment BulWMp O HoteUMoal ^ AmusemenVReeroatlon O Industrial O service satlon O Medial Bulsdky O Resaurent O Accessory BuildMp ^ H4torlal O EduaUonal /School Buildlnp Area: Sq. Ft Building He1pM: FL Stories: FLOOR AREA GARAGE OTNER It UNITS ADDITIONAL PROPOSED: FLOOR AREA GARAGE OTHER tl UNITS Number of Bedrooms: Number of Bathrooms: Toal Number of Rooms: Lot S W (Sq.FL): Lot Dimension (FraMlSlddRear): I_ Setbacks: FRONT: REAR: LEFT: Easemena: Flood Zone: ALUC: J Coverege X: WGNT: SEWER/SEPTIC WATER WELL YES O PIO O CREDIT CARD PAYMENT: ^ VISA O MC CARDa EXPIRATION DATE: O OTHER Name asKappwsonard: S1pnaWre: ,--°-'---'--"---'-_-- ---'_-• SARATOGA CITY COUNCIL '' MEETING DATE: December 7, 2005 AGENDA ITEM: ' `""~ ORIGINATING DEPT: Community Development CITY MANAGER: ~"~~ PREPARED BY: ~eborah,IJngo-McCormick DEPT HEAD:1~ ~.~u,.-~e~, SUBJECT: Armexation of an approximately 0.034 acre portion of land which fronts onto Bainter Avenue - APN 510-06-006 (commonly known as 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. RECOMMENDED ACTION: attached Resolution. REPORT SUMMARY: By agreement with the County of Santa Claza and the Local Agency Formation Commission (LAFCO) an annexation to the City is generally required when development is proposed on parcels that aze contiguous to the City boundary and that aze located within the City's Urban Service Area (USA). The applicant's property is located within both the City of Sazatoga and the County of Santa Clara. The total lot size is approximately three acres of which a 0.034-acre portion is located in the County. As part of a proposed subdivision application that was approved 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 pazcel falls under the jurisdiction of the City of Sazatoga. A resolution initiating the annexation was adopted by City Council on October 19, 2005, and was not protested. The original resolution covered the potential annexation of half the right-of--way of Bainter Avenue, which is in the County. However, the City Public Works Director and County Surveyor have concurred that the full right-of--way of Bainter Avenue should stay in the County. Thus, the proposed annexation consists only of approximately 0.034 acres (1,481.04 squaze feet) of private property, which is located between the existing Bainter Avenue roadway right-of--way and San Tomas Aquino Creek. The area 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) However, because the majority of the pazcel (which is currently within City limits) is zoned R-1-40,000, the portion under consideration for annexation will be zoned R-1-40,000 upon annexation for purposes of maintaining consistency in zoning for the entire pazcel. The property, based on the conservation easement placed on it, will not be developed because the portion of pazcel to be annexed will be used as open space (and most of it will be subject to a conservation easement in favor of the City) which will serve to promote the goals of the General Plan by: (1) providing a riparian habitat azea for the protection of the sycamore trees and creek area; and (2) by dedicating a pedestrian trail. Roadway Policies Staff has received notification from the County Surveyor's Office that the proposed project is in compliance with the Local Agency Fonnation Commission's road annexation policies. v. , 1 ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice is not required for adoption of this annexation and none has been given as City Council did not give direction otherwise during consideration of initiation of the annexation, ATTACHMENTS: 1. Resolution with Exhibits "A" (legal description) and "B" (plat map) 2. Petition for Annexation 3. Municipal Plan for Services 4. Letter by the County Surveyor confirming compliance with LAFCO policies 5. Report of the Santa Clara County Assessor 6. Staff Report requesting authorization to initiate annexation -October 19, 2005 3 of3 Attachm ent 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN ANNEXATION TO THE CITY OF SARATOGA OF CERTAIN UNINCORPORATED TERRITORY COMMONLY KNOWN AS: Bainter Avenue 2005-02 (Lands of Spitts), portion of APN 510-06-006 WHEREAS, the City Council has received an application for the annexation of a portion of a pazcel of land, APN 510-06-006 on Bainter Avenue contiguous to the City of Saratoga and described in Exhibits "A" (legal description} and "$" (plat map) hereto in order to provide for use of City services and to apply the terms of the City General Plan and City Code to development proposals initiated after completion of the annexation; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the proposed property to be annexed on Bainter Avenue is 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 Clara County Registraz of Voters and determined that said territory has two registered voters and is therefore considered uninhabited for the purposes of annexation proceedings; and WHEREAS, the City Council initiated annexation proceedings on October 19, 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby makes the following findings based on the information presented in the staff report attached to this resolution as Exhibit B: A. That the annexation is exempt from the California Environmental Quality Act CEQA pursuant to section 15319 of the CEQA Guidelines. B. That the unincorporated territory to be annexed is within the urban service area of the city as adopted by the Santa Claza County Local Agency Formation Commission. C. That the Santa Claza County Surveyor has made a preliminary determination that the boundaries of the area proposed to be annexed aze definite and certain, and in compliance with LAFCO's road annexation policies and that this resolution shall become effective only upon receipt by the City Clerk of the City of Sazatoga of a final determination by the County Surveyor that the boundaries of the proposal are definite and certain and in compliance with LAFCO's road annexation policies. D. That the proposal does not split lines of assessment or ownership and that this fact has been confirmed by the Santa Clata County Assessor's Office. E. That the proposal does not create islands or areas in which it would be difficult t0 pTOV1de municipal services. F. That the proposal is consistent with the adopted general plan of the City and that the property has been pre-zoned with the designation Hillside Residential. G. That the territory is contiguous to the existing City limits. H. That the city has complied with all conditions imposed by the LAFCO for inclusion of the territory in the urban service azea of the City. I. That all property owners within the annexation azea have been informed of these proceedings and no opposition has been received. RF. iT FTTRTHF.R RF.. O .D hat upon receipt by the City Clerk of the above-referenced determination by the County Surveyor, the annexation of the pazcel is hereby ordered without any further protest proceedings and that upon completion of these proceedings the territory will be annexed to the City of Sazatoga which the City will receive taxes upon in accordance with the previously approved tax exchange agreement. BE TT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends the City boundary to include a parcel of land consisting of a .034 acre portion of APN 510-06-006 on Bainter Avenue into the City of Saratoga effective upon the completion of these proceedings. PASSED AND ADOPTED by the Sazatoga City Council, State of California, the 7a' day of December, 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk 2 EXEIIBTT "A„ DESCRIPTION TO ACCOMPANY ANNEXATION OF TERRTTORY KNOWN AS BAINTER AVENUE 2005-02 (Spins) TO THE CITY OF SARATOGA All that certain property situated in the County of Santa Clara, State of California, more particularly descxibed as follows Beginning at a point in the centerline of Bainter Avenue, 40 feet wide at the most Easterly corner of that certain 2.98 acxe tract of land deeded to H. H. Henrici by Frank T. Lannin, by Deed dated October 14, 1929, and recorded in Volume486 of Official Records, Page 364; thence along the centerline of Bainter Avenue North 35 Degrees 31 Minutes OS Seconds West a distance of 72.50 feet; thence North 64 Degrees 50 Minutes 58 Seconds West a distance of 89.16 feet; thence leaving said centerline North 22 Degrees 31 Mimrtes East a length of 20.02 feet to the Northerly rights of way line of Bainter Avenue and the true poirt of beginning; thence North 22 Degees 31 Mmutes East a length of 4.23 feet more or less to the centerline of San Tomas Aquino Creek and the corporate limit of City of Saratoga as established by incorporation on October 22, 1956; thence in a geceral Southeasterly direction along the centerline of said creek and city limit line approximately 220 feet; thence South 60 Degrees 13 Minutes 55 Minutes West a length of 0.69 feet to the Degrees 31 Minutes OS Seconds West a length of 79.65 feet; thence North 64 Degrees 50 Mirartes 58 Seconds West a length of 95.31 feet to the true point of beginning. Comaining 0.034 acres more or less. WESTFALL ENGINEERS, INC. LEGEND: -'~ PROPERTY TO BE ANNEXED --~"~"'- TO CITY OF SARATOGA BOUNDARY ~, EXISTING CITY OMIT UNE ---------- ~Qy~_ EXISTING CENTER UNE --------- ` ''~Q EXISTING R.O.W. UNE ------- 0.034 ACRES ' ~~~~~ ~ ~, R~~- ~~ : , / J~ LANDS OF SPITTS W ~/ ~ APN 510-06-006 , ~~~ ~~ ~(/ 2.219 ACRES ~ 1 =100 ~Z ~ IW Q ~ ~ ~ ~' z N ' or' Im ~~ DET ~ No. 7918 9 * Exp: 12l31I05 a~9~ P~. OF CA ~ ~T~/ ~~ 7S s~ oer~ ~ ~ I901E qq,,~ '`- VICINITY MAP EXHIBIT "B" PROPOSED ANNEXATION TO THE ~ CITY OF SARATOGA ENTITLED BAINTER AVENUE 2005-02 (SPITTS) ANNEXATION I DATE: OCTOBER 17, 2005; Revised 11-22-OS I I BY: HARRY BABICKA I WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA Attachment 2 TO: CTTY COUNCIL CTTY OF SARATOGA 13777 Fnutvale Avenue Saratoga, CA 95070 PETITION FOR ANNEXATION OF TERRTfORY TO THE CTTY OF SARATOGA The undersigned, constitution all of the owners of certain real property located in the County of Santa Claza, State of California, as described in Exhibit " A", attached hereto and made a part hereof, commonly known as 19330 Saratoga-Los Gatos Road, APN 510-06-066, do hereby represent, request and petition as follows: (a) The petition is submitted pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 commencing with Section 56000 of the Government Code. (b) The nature of the proposed change of organization is the annexation of the property described in Exhibit "A" to the City of Sazatoga. (c) The territory to be annexed is contiguous to the City of Saratoga and located within the urban service azea of the City, as adopted by the Santa Clara County Local Agency Formation Commission. (d) This petition is required by reason of the policy of the County of Santa Clara that owners of property within the urban service area of a city, who wish to develop such property, must first request annexation to the city and such request must be rejected before the County will process a development proposal. (e) The undersigned collectively hold one hundred percent (100 %) of the ownership interest in the territory to be annexed. (f) It is hereby requested that the proceedings be taken for annexation of said property pursuant to Section 56826 and Title 5, Division 3 part 4 (commencing with Section 57000) of the Government Code. Dated: ~/ /'°~ dS Signed: ~~ Signed: ---- Atta~hm ent 3 List of Services Report DisMcts Saratoga Union Elementary School NO CHANGE TO DISTRICTS 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 Clara County Zone NC-1 County Water Santa Clara County hnportation Water-Miscellaneous Central Fire Protection Santa Clara Valley-Zone W-4 County Water Area No. Ol Library Benefit Assessment County Service o. i rary ernc Santa Clara County Vector Control Services Street Sweeping Santa Claza County provides no regular street sweeping. INCREASE IN SERVICE The City of Sazatoga has a contract with Los Altos Garbage to sweep residential streets once a month. Law Enforcement The City of Saratoga has a contract with the Santa Clara INCREASE IN SERVICE County Sheriffs Departrnent that provides two patrol cats to the City. The County has only one caz for this area and it also has to respond to the Los Gatos Mountains. Santa Clara Valley Transportation Authority NO CHANGE Attachment 4 County of Santa Clara Department of Planning and Development Office of Development Services County Government Center, Fast Wing 70 West Hedding Street, 7th Floor San Jose, California 951 10 Bldg. InSpeC. (408) 299.5700 Land Devel. 2995730 FAX 279-8537 www.scctwilding.org November 30, 2005 Cathleen Boyer, City Clerk City of Sazatoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Ms. Boyer: SUBJECT: Annexation of Bainter Avenue 2005-02 (Spins) T'he attached revised description and map dated. November 22, 2005 of temtory proposed to be annexed to the City of Sazatoga entitled Bai_nter Avenue 2005-02 (Spittsl is in accordance with Government Code Section 56757 (c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. Very truly yours, Gwen eeG~ County Surveyor Enclosures ~_"`" /~ C: LAFCO Executive Director (w/attachment) Deborah Ungo-McCorrnick, AICP Board of supervisors: Donald F. Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jr., Liz Kn155 County Executive: Peter Kutras, Jr. ,,,, -- ----- t -- p,tta~ m County of Santa Clara ~,~11 ", Office of the County Assessor County Government Center 70 W at Hedding Street 7N "'° Snn Jose, CA95110-1771 ~ Fu 408 290-9446 Lawrence E. Stone, Assessor REPORT OF THE COUNTY ASSESSOR Date Report Prepared: November 30, 2005 Title of Proposal: t3ainter Avenue 2005-02 (Spins) Type of Application: Ana/Detach to City Conducting Authority: City of Saratoga 1. REVIEW OF PROPOSAL a. Location: 19330 Saratoga -Los Gatos Road, south end of property. c. Respective Net value of assessed parcels as of last July 1:51,480,076.00 2. CONFORMITY TO LINES OF ASSESSMENT ® Boundaries of proposed change conform to lines of assessment or ownership. ^ Boundaries of proposed change fail to conform to lines of assessment or ownership as noted on the attached map. ^ Boundaries of the following district(s) are split as noted on the attached map. 3. SPECIAL DISTRICTS Special districts within the proposed area include: I ttUlsari o4e sARAroGA crrY '~ 111 SARATOGA UNION ELEM. SCHOOL '. ''.. 137 LOS GATOS UNION Ji(43,44) HHiH SCHOOL '~.... ', 203 WEST VALLEY JT(/3,/4) COMM. COLLEGE '...,. '~, 208 SARATOGA CEMETERY '. 215 BAY AREA JT(1,7,21,28,38,41,43,18,49,5>t AIR QUALITY MOMr. '~. ', 252 MI0.PENINSULA REGIONAL JT(N,13,44) OPEN SPACE ''., 308 WEST VALLEY SANRATHNI ''', 322 SANTA CLARA VALLEY COUNTY WATER ',. ', 323 SANTA CLARA VALLEY ZONE NGICOUNTY WATER '~, 335 SANTA CLARA COUNTY IMPORTATION WATER-MISC. ', ''.... 371 CENTRAL FIRE PROTECTMNI '...... '~ 376 SANTA CLARAVALLEY-ZONE WJ COUNTY WATER ' '. 377 AREA N0.01, LIBRARY BENEFR ASSESSMENT COUNTY ', ',.. SERVICE '....... ', 373 AREA NO.Ot, (IBRARY SERVICES) COUNTY SERVICE Prepared By: RAY BRAMLETTE, MAPPER II (408)299.6649 ------ t 6 --- - Atta~hme • i SARATOGA CITY COUNCIL MEETING DATE: October 19, 2005 ORIGINATING DEPT: Community Development PREPARED BY: Christy OosterLous ~ e~ ~ AGENDA TTEM: CITY MANAGER: DEPT HEAD: SUBJECT: Annexation of an approximately 5,306 square 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 Saratoga. RECOMMENDED ACTION: REPORT SUMMARY: The applicant's property is located within both the City of Saratoga and the County of Santa Clara. The total lot size is approximately three acres of which 5,306 square 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 Saratoga so that the entire parcel falls under the jurisdiction of the City of Saratoga. 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 square feet. The area 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 areas. Tn 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 area; 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 Claza County may proceed independently of LAFCO in processing annexation applications within the City's urban service area. (Government Code § 56757) The 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 Clara 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 Saratoga- 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 ffie 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 L statutes, s annexa on wt no 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 are 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 temtory or functioning roadway will be annexed as part of this proposal and all other services will be consistent with the current conditions. 2of7 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 eppioVirig ail annexation. (See Government Code Section 56757(c).) The formal Endings 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 stafl'will use to develop the information available. i. That the unincorporated territory is within the urban service area 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 incompliance with LAFCO's mad annexation policies. The City has provided a map. iii, That the proposal does not sp it roes o assessmen or own p. 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 areas 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 ofprovidingservices. 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 lands 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 (hnp) 3 of 7 Annexation proposals shall be carefully studied to determine their economic and urban service impacts to the City. The proposgl 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 nat 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 temtory is contiguous to existing city limits. Sta„~''has con,~rmed 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 Urban Service Area. Annexation Aouroval 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 prepares 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 suuaortine the Ciri's Annexation Process: Goverment 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 Clara County of an unincorporated territory that is within the urban service area 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). 4 of 7 (c) The city council, in adopting the resolution approving the reorganization shall make all of the fmdings 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 seTV1C0 area of the city was last adopted by the commission, and which ate 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. {~ Any petition submitted under subdivision (d) or resolution submitted under subdivision (e) shall be submitted to the executive officer within I S days of 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 Quality AM Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act ("CEQA'. Stall' has detemuned 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 firom 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 Saratoga in that the annexation is for less than three single-family residences in an urbanized area. There is no subdivision potential and the property to be annexed will be part of a conservation easement/open space azea that will not be developed. Because the City does not provide utility services, the annexation does not involve or change the standazds for extension of utility services to the pazcels proposed for annexation. Overall the annexation of the property in question to the City of Saratoga will have a beneficial environmental impact to the area. FISCAL IMPACTS: No impact. 5 of 7 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 nose 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 th r'tv'c nnrma] noticing r~q ~iremOntS of the proposed annexed properties ATTACHMENTS: 1. Resolution approving Initiation of the Annexation 2. List of Services Report 3. Map 6 of 7 ~, RESOLUTION NO.05- ATTACHMENT 1 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 square feet from 19330 Saratoga-Los Gatos Road, APN 510-06-006, respectively, contiguous to the City of Saratoga in order to provide for clarification of boundaries and to apply the teams of the City General Plan and City Code; and WHEREAS, the City of Saratoga 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 Saratoga is the conducting authority for the annexation; and WHEREAS, the portions of the proposed properties to be annexed on Saratoga-Los Gatos Road are in the City of Saratoga's Urban Service Area and Sphere of Influence and are 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 (200%) 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 Clara County Registrar 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 known as Assessor's Parcel Numbers 510-06-006 an Saratoga-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`" day of October 2005 by the following vote: AYES: NOES: ABSENT': ABSTAIN: ATTEST: Kathleen King, Mayor SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: ~ 1' ORIGINATING DEPT: City Manager's OfSce CITY MANAGER: ~b~~{'~--~- PREPARED BY: Dave Anderson DEPT READ: Dave Anderson SUBJECT: Agreement regarding relocation of City's Emergency Operations Center to Saratoga Fire Station and associated cost reimbursement to the District. RECOMMENDED ACTION(S): Approve attached agreement, which details terms and conditions for relocation of the Emergency Operation Center (EOC) currently at City Hall to the new Saratoga Fire Station located at 14380 REPORT SUMMARY: The Saratoga Fire Department constructed a new fire station that was completed in fall 2004. The facility includes a lazge conference room, state of the art communication and media capabilities, and housing facilities appropriate for fue/emergency response personnel. The City Manager and the Sazatoga Fire Chief collaborated on a design for a new fire station that would house a community EOC for the following reasons: - Sharing facilities will result in better coordination between emergency response needs and community resources. _ __ - Staffed by emergency personnel on a~4 hour basis: - The space is lazger and has better support facilities. - There is the ability to house emergency workers more effectively and for longer periods. - The facility provides excellent communications and media equipment. - Higher facility construction standazds in the event of an earthquake. - The station has automatic emergency power generation capabilities. The Sazatoga Fire Commission considered a request to relocate the EOC by the City Manager at their August 25, 2005 meeting and agreed to the relocation of the EOC to the station's conference room. Subsequently, on September 7, 2005, the Saratoga City Council adopted a resolution supporting the relocation of the community's Emergency Operations Center (EOC) from the administrative conference room at City Hall to the conference room at the new fire station. To date, communications equipment has been relocated to the new EOC, and one EOC training exercise has been held at the facility. A use agreement between the City and Sazatoga Fire District that establishes the use of the facility as an EOC during emergencies and clarifies the City's commitment to reimburse the District for costs (i.e., food, housing, etc.) associated with an emergency response effort is before the City Council at this time. The agreement outlines the role of each party in an emergency, methods of cooperation, cost recovery, mutual indemnification and the term of the agreement. FISCAL IMPACTS: The City of Saratoga in adopting this agreement is committing to reimburse the Sazatoga Fire District for reasonable use of its conference room as an EOC during an emergency. Funds for this purpose will be allocated as a part of any future emergency expenditure made necessary by the overall emergency response. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without a mutual agreement covering terms and condition of use, the City and the District may, over emerge during an emergency. This would complicate the emergency response at a time when the efforts of government need to be focused on saving lives and protecting property. ALTERNATIVE ACTION(S): --~ N/A FOLLOW UP ACTION(S): Execute Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A -Agreement Between Sazatoga Fire Protection District and City of Saratoga 2 of 2 MEMORANDUM OF UNDERSTANDING BETWEEN SARATOGA FIRE PROTECTION DISTRICT AND THE CITY OF SARATOGA This Memorandum of Understanding is entered into by and between the Saratoga Fire Protection District, a special district; hereafter referred to as "the District", and the City of Saratoga; hereafter referred to as "the City". Purpose The purpose of the Memorandum of Understanding is to define the terms and conditions for shared use of a portion of the fire station owned by the District for use as an Emergency Operations Center ("EOC"). This Memorandum will outline how the District and the City will work cooperatively to utilize thin facility for that purpose. The Role of Saratoga Fire District The District is a special district charged with fire protection in Saratoga. During emergencies and disasters, the District is responsible for responding to life safety incidents within the district and outside the district via mutual aid or boundary drop agreements. The District has recently constructed a new headquarters facility built to the latest seismic construction standards, with automatic emergency power generation capabilities, staffed on a twenty-four hour basis. The design of the new station will accommodate an EOC for the community. The Role of the City of Saratoga During emergencies and disasters, the City functions under the Standardized Emergency Management System (BEMs). The City's goal is to manage emergencies and disasters, within City boundaries, and facilitate a rapid recovery by developing __ _ - - - - lana ident' 'n resources and o~erin ti•aziun to i•o~ves P 3fY1 g g g p , properly and'the environment. The City works closely with public, private and non-profit organizations to promote standardized training and response plans and ensure the beat use of available resources during and after emergencies. .Aa a part of this process the City is charged with designating a location that will serve as an EOC for the community. During emergencies and disasters, the City will, through the EOC, receive requests for assistance and allocate resources based on priority and availability. Emergency public information will be provided through available communications, methods that may include amateur radio, telephone, computer, television, commercial radio and runners. Because of the unique capability of the new fire station to accommodate an EOC use, the City of Saratoga and the District wish to enter into an agreement to utilize said facility for such purpose, when necessary. MOU Saratoga Fire Protection District and City of Saratoga -11/18/05 -Page 1 Methods of Cooperation In a major disaster the District will be responding to the needs of the community by providing direct service to the community in the areas of firefighting, emergency medical, and rescue services under its own authority as an iridependerit 8pCC181 district. Depending on the nature of the emergency, a representative from the District may be assigned to the EOC to assist with disaster coordination. Activation of the EOC during an emergency shall be made in accordance with the procedure established in the City's adopted Emergency Management Plan, a current copy of which shall be provided to the District. The District will also assist the overall emergency response by providing apace for a community EOC in the conference room located at the fire station. An additional office also may be made available for break-out sessions as needed and provided that such apace is not otherwise required for District operations. During emergencies and disasters, the City will operate the EOC and receive requests for assistance and allocate resources based on priority and availability. Emergency public information will be provided through available communications, methods that may include amateur radio, telephone, computer, television, commercial radio and runners. The City is necessary for emergency communications, provided that it does not cause interference with Saratoga Fire District communications systems and that there is available apace within the conference room. The City shall be responsible for the coats of acquiring, installing and maintaining all such equipment in the EOC. The EOC may also be utilized from time to time for disaster preparedness training purposes and emergency exercises. These uses shall be scheduled in a manner that does not interfere with District use of the conference room but shall take priority over other regular uses of the conference room except regular meetings of the District's Board of Fire Commissioners. A request by the City to use the conference room for EOC purposes shall be communicated to the District as far in advance as possible to facilitate any rescheduling of other activities that may be required for the District to accommodate such request. Cost Recovery The District and the City will each purchase and maintain their own disaster supplies. During an emergency or disaster any supplies requested and used that belong to the other party will be purchased and replaced by the using party at the conclusion of the emergency or disaster. The City shall be responsible for cleaning the conference room after each use and shall repair or replace any equipment owned by District that is damaged or destroyed by the City. In the event that the City or the District becomes eligible for recovery of documented coats beyond normal operating expenses in connection with a particular disaster or emergency (as deemed appropriate by administering state and federal agencies), each party will cooperate with the other in seeking recovery of costs eligible for recovery. Neither party shall be liable for any of the operating expenses of the other party, emergency or otherwise. MOU Saratoga Fire Protection District and City of Saratoga -11/18/05 -Page 2 Duration of Memorandum of Understanding This Memorandum of Understanding will be in effect as of the date last signed below and shall remain in full force and effect for five (5) years from that date, and shall be automatically renewed for additional five-year terms thereafter, unless either party provides written notice of non renewal to the other party at least ninety (90) days in advance of any renewal date. It may be renegotiated at any given time at the request of either party. Legal Responsibility Neither District nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any action or inaction of City in connection with its management and administration of the EOC and other emergency programs conducted in District facilities. Pursuant to Government Code 89b.4, City shall fully defend, indemnify, and save harmless District from all suits or actions of every name, kind and description brought on for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to emergency programs conducted in District facilities. Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by District under or in connection with any action or inaction of District in connection with its management and administration of the facilities provided pursuant to this Agreement. Pursuant to Government Code 895.4, District shall fully defend, indemnify, and save harmless City from all suits or actions of every name, kind and description brought on for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by District in the management and administration of its programs using District facilities. Amendments Amendments to the terms and conditions of this MOU shall be effective only upon mutual agreement in writing by the parties hereto. The District's Board of Fire Commissioners has the authority on behalf of the District to execute any amendments pertaining to the operational issues of this agreement. The City Council has the authority on behalf of the City to execute any amendments pertaining to the operational issues of this agreement. No Partnership Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be considered as creating a partnership, joint venture, or joint powers authority between the District and the City. No officer, agent, employee, contractor, or subcontractor, if any performing any of the work or services described hereunder on MOU Saratoga Fire Protection District and City of Saratoga -11/18/05 -Page 3 behalf of any party shall be considered an officer, agent, servant, or employee of the other party, nor shall any such person be entitled to any benefits available or granted to the other party's employees. Other Agreements This MOU places no restrictions on either party from participation in similar agreements and/or activities with other public or private entities. Insurance Each party shall maintain it's own insurance coverage, through commercial insurance, self-insurance or a combination thereof, against any claim, expense, coat, damage or liability arising out of the performance of its responsibilities pursuant to this MOU. Notices All notices required to be given pursuant this MOU shall be in writing and shall be delivered in person, delivered by electronic facsimile, or deposited in the United c '' '~ a '' °e'P` --gaeeted adtlree°ed to theme°atiea °s seL forth below: Saratoga Fire Protection District 14380 Saratoga Avenue Saratoga, CA 96070 PHONE (408) 867-9001 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 9b070 PHONE (408) 868-1213 In Witness Whereof, Saratoga Fire Protection District, and the City of Saratoga ---have~xesutedthis-MOU-eaxhe-dates-indicatedbel©w. _-- _ ---__ __ City of Saratoga Attest: City Manager Date: Saratoga Fire Protection District Chairman of the Board Date MOU Saratoga Fire Protection District and City of Saratoga -11/18/05 -Page 4 SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: /'~~ ORIGINATING DEPT: Public Works CITY MANAGER: ~ Li-~----- PREPARED BY: John Cherbone DEPT HEAD: J~ohnn Cherrbnonen SUBJECT: Capital Improvement Plan (CIP) F.Y. 05/06 Update -Continuation of Public Hearing and Environmental Impact Assessment RECOMMENDED ACTION(S): 1. Receive report, conduct Public Hearing, and provide direction to staff: 2. Adopt attached Environmental Impact Assessment for new CIP projects (Attachment 2). 3. Adopt Resolution amending the Fiscal Year 05/06 Budget reflecting Council direction from 4. Adopt final CIP Project list (Attachment 4). REPORT SUMMARY: CIP Process This is the continuation and last stage of the 2005/2006 update to the CIP, which was set in motion at the October 5`~ and October 18s' City Council Study Sessions and then continued with the opening of the Public Hearing at the November 2nd City Council Meeting. The main focus of this meeting is to review the Environmental Impact Assessment of the new projects and adopt a Resolution amending the 05/06 budget in connection with CIP. General Plan Conformitv At their November 23rd meeting the Planning Commission reviewed the 21 new CIP projects for General Plan conformity and subsequently found no issues in connection to the Genetal Plan (see attached Planning Commission Resolution No. 06-010, Attachment 1). Environmental Assessment Please find attached the Environmental Impact Assessment and the Environmental Checklist Form for the 2005-2006 CIP Update, which lists the environmental category under which each project is expected to fall (Attachment 2). Of the 21 new projects under consideration in the 2005-2006 CIP Update, 19 are classified as categorically exempt. Two projects, the Highway 9 Safety Project and the Calabazas Creek Trail may need fiuther environmental assessment prior to its implementation because of possible environmental impacts. Final CIP Proiect List Please find attached a revised copy of the CIP Spreadsheet (Attachment 4) reflecting City Council direction. The spreadsheet describes each project and their corresponding funding level. FISCAL IMPACTS: The attached Budget Resolution (Attachment 3) reflects the funding level (expenditure) of each project and their corresponding revenue source. Adoption of the Budget Resolution will provide staff the authority to move forward with implementation of the CIP. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The 2005-2006 CIP Update would not be approved and the implementation of the CIP projects ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Projects listed in the CIP will be implemented per City Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. General Plan Conformity Resolution. 2. Environmental Impact Assessment and Environmental Checklist Fonn. 3. Budget Resolution. 4. Final CIP Project Spreadsheet. 2 of 2 Attachment 1 APPROVAL OF RESOLUTION NO. ~~ _~iD CITY OF SARATOGA PLANNING COMNIISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received a request from the Public Works Director to find that the Proposed Capitol Improvement Program is consistent with the City of Saratoga General Plan; and WHEREAS, the Planning Commission reviewed and considered the materials submitted by the Public Works Director which include a listing of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby 5nd City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of Califonria, on November 23, 2005, by the following roll call vote: AYES: NOES: AssENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary to the Planning Commission Attachment 2 ENVIItONMENTAL IMPACT ASSESSMENT 2005-2006 CAPITAL IMPROVEMENT PLAN UPDATE In compliance with the requirements of the California Environmental Quality ACt (CEQA), a review of all new projects proposed for the 2005-2006 Capital hnprovement Plan (CIP) Update has been made to determine whether any of these projects would have a significant environmental impact. The State CEQA Guidelines define significant effect as a "substantial or potentially substantial, adverse change in the physical conditions...of anarea." Implementation of the majority of the CIP projects will not have an adverse impact on the environment. Of the 21 new projects under consideration in the 2005-2006 CIP Update, 19 are classified as categorically exempt. These projects involve maintenance, repair, or minor alterations or additions to existing facilities (Class 1), replacement or reconstruction of existing structures or facilities (Class 2), new structures of small size and are identified by CEQA as not having a significant effect on the environment (Class 3), or minor alterations to land (Class 4). These projects aze: 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Highway 9/Oak Place Pedestrian Crosswalk Construction: Beauchamps Pazk Playground Safety Project: Wildwood Pazk Stage Improvements: Annual Sidewalk Repair: Storm Drain Upgrades II: Citywide Tree Replanting: Civic Center Landscape Renovations: Village Tree Pruning and Lighting: City Hall Pazking Improvements: City Hall Pazking Enhancements -Striping: Improvements: Village Tree Lighting - Sidestreets: Warner Hutton House Improvements: Planning Division Office Improvements: Wildwood Pazk See-Saw Replacement: Congress Springs Pazk Sewer Lateral Improvements: Wildwwod Pazk Water Feature -Seating Improvements: Heritage Orchazd Perimeter Path Improvements: Historical Pazk Landscaping Improvements: Class 2 Class 2 Class 1 Class 1 Class 1 Class 1 Class 1 Class 4 Class 1 Class 3 Class 2 Class 2 Class 1 Class 1 Class 1 Class 4 Class 1 Two projects, the Highway 9 Safety Project and the Calabazas Creek Trail may need further environmental assessment prior to its implementation because of possible environmental impacts, which may result. Staff recommends that a blanket Negative Declazation be issued for the new projects in the 2005- 2006 CIP Update, with the exception of the Highway 9 Safety Project and the Calabazas Creek Trail, which may require a more detailed environmental assessment. Respectfully submitted, John Cherbone Public Works Duector Respectf~ly submitt , ~7ohn Li jjrvi//n st e g Community Development Duector SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: ~~ PREPARED BY: ~ DEPT HEAD: "' v SUBJECT: Tentative Cancellation of Land Conservation (Williamson Act) Contract for 20865 Wardell Road comprised of four lots totaling 7.7 acres, as requested by the property owners, Hall Family Trust and Tom Lim RECOMMENDED ACTIONS Staffrecommends that the City Council approve a Resolution (attachment I), which: 1. Adopts a Negative Declazarion. 2. Certifies to the County Auditor the amount of the cancellation fee. 3. Makes the required findings and grants a Certificate of Tentative Cancellation Approval, ~- subject to conditions. BACKGROUND Four legal lots comprising 7.73 acres total aze currently under a Williamson Act Contract limiting use of the land to agricultural and open space purposes. The Contract was executed on January 20, 1972. The applicants propose cancellation of this contract in the manner authorized by the Williamson Act. The contracted land was once part of 26 acres owned by the Hall Family _.__Tt„ct. in 1979,~he__City~o rtnciLof the Cit of Saratoga cancelled the Williamson Act Contract. as to 18 acres of this land for the development of the Pazker Ranch Subdivision. At that time, the City Council determined that the 18 acres were unsuitable for farming. The City Council was not requested to make a determination regarding the remaining portion of land that is the subject of the current cancellation request. Please refer to the end of attachment 7 for the original Land Conservation Contract and Resolution canceling the contract as to a portion of the original property. The remaining 7.73 acres of land have not been actively farmed since 1990. Apricots were once farmed on the properties. However, over a course of time the apricot trees started to age and the harvest became meager. Some remnants of the original orchard can still be seen on the westernmost lot. The properties have no irrigation system because apricot farming did not require water. A single family home and a sepazate bam exist on one of the parcels. Another barn is situated on a sepazate pazcel within the contracted lands. A site map is included in attachment 2. The following is a description of the azeas surrounding the subject properties: Northerly -Non-agricultural open space and residential estate lots of one acre or larger aze situated within the Pazker Ranch Subdivision. Dtrectly adjacent to the subject properties is a 7.52 acre pazcel with multiple structures. This adjacent pazcel is not under Williamson Act Contract. Easterly -Developed with single family homes built in the 1960's in a suburban setting with lots of approximately 12,000 square feet. Southerly - A parcel under Williamson Act (not contiguous to the Hall properties and about 1/2 mile away) and other similar hillside pazcels with some agricultural usage, but no consistent type of development. Westerly -Non-agricultural open space azea with deeply incised riparian corridor that is approximately 100 feet wide and flows to the Northeast. This riparian corridor is a tributary of Calabazas Creek and is not within the Santa Claza Water District's jurisdiction. The uses on the other side of this corridor consists of an approximately 4.5 acre scenic easement in non-agricultural open space use established as part of the Pazker Ranch development of single family homes which are situated on the other side (to the west and to the north) of this easement. On Mazch 1, 2005, the Hall Family Trust submitted a petition to the City to cancel the Williamson Act Contract for the 7.73 acres of land so that it may pursue an alternate use. It is expec e a have been on the market and one of the pazcels (APN 366-57-004) was recently sold to Mr. Tom Lim. The Williamson Act Contract runs with the land and its terms apply to all successive owners. The timing for the development on each of the four lots will be dependent on the preferences of the buyers. The Hall Family Trust proposes to construct a new private roadway to _,,: each of the lots after cancellation of the contract occurs. The current access is via a narrow shared driveway extending from Wazdell Road. City Zoning Requirements The 4 lots are currently zoned Hillside Residential [HR], with an Agricultural Preserve/Open Space [AP] overlay zone. Pursuant to City Code Section 15-15.050, the overlay zone is automatically removed upon contract cancellation. A formal approval for rezoning is therefore --------~xot-re4uired-by~he-City-~ounciL - --- -_ PROCEDURE FOR CANCELLATION OF WILLIAMSON ACT CONTRACT Since the State began the Williamson Act program in the late 1960's, many landowners of agricultural land have requested to have their land designated as agricultural preserves. The landowner signs a contract with the City or County in which the property is located; the standazd contract states that in exchange for a reduction in property taxes, the owner agrees to use the land for agricultural and compatible purposes. The City of Saratoga currently has Williamson Act Contracts with 6 landowners of various properties in the western and southeastern part of the City. The terms of these contracts are initially set for 10 years, and aze automatically renewed annually for an additional year, unless the property owner files a Notice of Non-Renewal of the contract. Once this notice is filed, the contract is no longer renewed and expires after 9 yeazs. During these 9 yeazs, property taxes aze gradually increased to the non-contracted property tax rate. In this case, the Hall Family Trust and Mr. Tom Lim filed a Notice of Non-Renewal (attachment 3) on November 16, 2005. Filing a Notice of Non-Renewal is a requirement for contract cancellation. Williamson Act cancellation terminates the contract with a monetary penalty. CariCe11at10ri 1S different from non-renewal, where the contract winds down over the remaining 9-year term, as described above. Cancellation of the Williamson Act contract is subject to the CEQA process pursuant to Section 15317 of the CEQA Guidelines, Environmental review for this application has been completed and is described in a separate section below. State law establishes the cancellation procedure in California Government Code Section 51280 et seq. It requires that the City Council hold a public hearing, and that the Council make specific findings regarding whether it is appropriate to cancel the contract. If it makes the findings, the Council can tentatively cancel the contract subject to conditions, including payment by the landowner of a penalty fee that is determined by the County Assessor. Once the fee is paid to the County and any other conditions are met, the City can issue a final cancellation, which would open the properties for development. The cancellation fee is calculated at 12.5% of the fair market value of the property as determined by the County Assessor. In this case, the County combined is $7,250,000; therefore the cancellation fee would be $906,250 Required Findings According to State Law, cancellation may be granted if the local government makes one of the following two sets of findings: 1) Cancellation is consistent with the purposes of the Williamson Act, or 2) cancellation is in the public interest. The latter set of findings is not pertinent to this application because there are no public concerns that substantially outweigh the objectives of the Williamson Act. However, staff finds that the Council can make the 5 "consistency" requirements that are within the first set of findings that would allow for contract cancellation. The required findings for contract cancellation aze: -- 1. -That tTie cancellation rs foi` lan~on which a nonce of non-renewal has been served pursuant to Section 51245 of the California Government Code. 2. That cancellation is not likely to result in the removal of adjacent lands from agricultural use. 3. That cancellation is for an alternative use which is consistent with the applicable provisions of the City's General Plan. 4. That cancellation will not result in discontiguous patterns of urban development. 5. That there is no proximate non-contracted land which is both available and suitable for the use proposed on the contracted land or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate non-contracted land. Staff finds that all of the above findings can be made in the affirmative. The applicant provided documentation for each finding (attachment 4) and this information has been independently reviewed and verified by staff. Conditions for Cancellation Approval The attached resolution establishes conditions that must be met before the final cancellation will take effect. The conditions and the procedure for tentative and final cancellation are all in accordance the requirements contained in Sections 51280 through 51287 of the California Government Code. The conditions for cancellation approval are as follows: (a) The applicant shall make full payment to the Santa Claza County Treasurer for the amount of the cancellation fee, which is $906,250 (12.50% of the land's current fair mazket value of $7,250,000). (b) Unless the cancellation fee is paid, or a certificate of cancellation of contract is issued within one yeaz from the date of the recording of the certificate of tentative cancellation, the cancellation fee shall be recomputed as of the date of notice described in subdivision (b) of California Government Code Section 51283, or the date the landowner(s) requests a-re son~-putatiaapussuaat to Government Codr cPrtinn 5 t ~R'~ State law requires that a copy of the petition for cancellation be sent to the Department of Conservation, which conducts its own analysis of findings and determines if the required "consistency" findings can be made. The City Council is then required to consider the comments received from the Department of Conservation before taking action on the cancellation request. Comments from the Department of Conservation aze included in attachment 5. This letter mentions that non-renewal is the preferable method over immediate cancellation. This recommendation is consistent with the State requirements which aze intentionally stringent for cancellation as opposed to requirements for non-renewal. However, Staff finds that immediate cancellation is appropriate in light of the standazds established by the Williamson Act given the current use of the property which for a long time has not been used for agricultural production and compatible uses. Also important to note is the fact that the contract was already canncell m 197 y tie Cit~ounciT or a sig£`ii can por-h'on of the originally contracted lands owned by the Hall Family Trust. According to the Halls, cancellation of the subject portion of land was not requested because they simply had no desire to develop the land at that time. For reasons unknown, the City did not require that the subject property be included in the 1979 cancellation. The review letter from the Department of Conservation requested that an analysis of other non- contracted estate properties within aseveral-mile radius of the subject properties, and an analysis of why they aze not available for development be included as documentation. The applicant has provided this analysis, which is included in attachment 4. Staff has independently reviewed and verified this analysis. ENVIRONMENTAL REVIEW An Initial Study (attachment 7) was prepared for this application and focused on impacts of canceling the Contract for the subject lands including general impacts associated with potential development of four new homes and a new roadway. The specific impacts associated with the new roadway construction and the four new homes will be evaluated by the Clty at future application submittal stages when specific information on roadway and home design aze available. The Initial Study was available for public review and comment from June 29, 2005 through July 29, 2005. No public comments were received. This document was also submitted to the State Clearinghouse, and no state agencies submitted any comments. Based on the findings of the initial study, staff recommends that the City Council adopt a Negative Declazation. PUBLIC CONTACT In addition to a notice placed in the November 23'~ issue of Saratoga News, Staff has sent notice of this public hearing to properties within 500 feet of the subject properties on November 22, 2005. Pursuant to Government Code, notice of this hearing was also mailed to property owners with land under contract and that is within 1 mile of the exterior boundaries of the subject Renewal were mailed to the Director of the Department of Conservation on November 17, 2005. No comments have been received as of the writing of this report. FISCAL IMPACT The City does not directly benefit from the cancellation fee. The cancellation fee is paid to the Santa Clara County Treasurer who then forwazds the amount to the State Controller's office. The cancellation fee is deposited in the State General Fund except as provided in subdivision (d) of Section 51283 and subdivision (b) of Section 51203, California Government Code. Nevertheless, it is anticipated that the City will benefit from the increased property taxes as a result-of u 3ave~opmen~ on~Iie pr po a ies~ O~ifferent Ieve1; Staffresomees-utiiizeei-to prepare the staff report and process this application aze charged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The property would remain subject to the restrictions of the Williamson Act contract until the contract expires pursuant to the Notice ofNon-renewal filed in November 2005. ALTERNATIVES Do not make the required findings and deny the Williamson Act cancellation request. FOLLOW-UP ACTIONS 1. Upon approval, a Notice of Determination regarding the Negative Declazation will be filed with the County Clerk. 2. Upon approval, the Resolution approving a Certificate of Tentative Cancellation shall be forwazded by the City Clerk to the Santa Claza County Clerk. 3. Within 30 days of tentative cancellation approval, Staff shall forwazd a copy of the Resolution approving the Certificate of Tentative Cancellation to the Department of Conservation. ATTACHMENTS 1. Resolution of Tentative Cancellation 2. Site Map 3. Notice ofNon-Renewal 4. Analysis of Findings provided by representative of applicant titled, Description of Cancellation Request and a correspondence from representative of applicant regazding Subdividable Land Inventory 5. Letter from the Department of Conservation 6. Letter from the Santa Claza County Assessor indicating assessed property values 7. hufial Study and Negative Declazation (Williamson Act Contract between City of Sazatoga and the Halls, and Resolution from 1979 cancellation of the contract for a portion of the property aze included in this item) Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A NEGATIVE DECLARATION AND A CERTIFICATE OF TENTATIVE CANCELLATION FOR LANDS AT 20865 WARDELL RD. COMPRISED OF FOUR LOTS WITH APN 366-49-032, 366-57-004, 366-57-0011002, AND 366-57-003, TOTALING 7.73ACRES WHEREAS, a request was made for the cancellation of the Williamson Act Contract for 7.73 acres of land comprised of four lots located at 20865 Wazdell Rd. The request was made by property owners, the Hall Family Trust (successors of original owners Marshall S. Hall and Helen U. Hall) and Mr. Tom Lim (current owner of 366-57-004); and WHEREAS, the subject properties are zoned Hillside Residential [HR] with an Agricultural Preserve-Open Space [AP/OS] overlay zone established pursuant to the Williamson Act (California Government Code Section 51200 et seq.). The overlay zone will be automatically removed upon Williamson Act Contract cancellation pursuant to City of Saratoga Municipal Code Section 15-15.050; and WHER_FeC, the T and CnncPrvatinn ('nntract w c c ahlich d and en PrPd int agreement between the City of Sazatoga and the original property owner, Marshall S. Hall and Helen U. Hall in 1972, and in 1979, an 18 acre portion of the contracted land was removed from the terms of said contract for development of the Pazker Ranch Subdivision; and WHEREAS, the current property owners have served a Notice of Non-Renewal for the entire area under said Contract; and WHEREAS, notice of the public hearing was also given pursuant to Government Code Section 51284; and WHEREAS, the City Council of the City of Sazatoga finds the contract cancellation to be carried out in accordance with procedures for tentative cancellation of contracts outlined in th~fi orntaZ~iovemment Code, aiid WHEREAS, an Initial Study and a Notice of Intent to adopt a Negative Declaration were available for public review from June 29, 2005 through July 29, 2005 and copies of said documents were routed to the State Clearinghouse. No comments were received; and WHEREAS, the City Council has reviewed the Initial Study and has determined that this application for Williamson Act Contract Cancellation could not have a significant effect of the environment; and NOW, THEREFORE, BE IT RESOLVED: A. With respect to the requirements of the California Environmental Quality Act and based on the information in the staff report for this matter the City Council hereby finds and determines that: 1. Notice of the hearing on the initial study and negative declazation ("ND") was given as required by law and the actions were conducted pursuant t0 CEQA and the CEQA Guidelines; and 2. All Interested Parties desiring to comment on the ND were given the opportunity to submit oral and written comments on the adequacy of the ND prior to this action by the City Council; and 3. No comments were made during the public comment period and all comments made at the public hearings on the ND were responded to adequately; and 4. The City Council was presented with and has reviewed all of the information in the administrative record; and 3 Tt, hm H 1, completed in COtripllanrP with rhP ' + + anri requirements of CEQA and the CEQA Guidelines, and the ND represents the City Council's independent. judgment. The City Council has considered the information contained in the ND and the record in considering the Contract cancellation; and 6. Based on the entire record of this matter, there is no evidence that the Contract cancellation may have a significant effect on the environment; and 7. The documents constituting the record of proceedings upon which this decision is based are located in the City of Sazatoga Department of Community Development and aze maintained by the Director of that Department; and 8. There is no evidence before the City Council that the proposed project will have any potential for adverse effects on wildlife resources, as defined in Section 711.2 of the Department of Fish and Game Code. B. With respect to cancellation of the above-referenced Williamson Act Contract and based on the information presented in the staff report for this matter, the City Council hereby fmds and detennines that: 1. Based upon the certification of cancellation valuation of the site by the Santa Clara County Assessor, the City Council determines and certifies to the Santa Claza County Auditor that the appropriate cancellation fee to be paid to the Santa Claza County Treasurer upon cancellation of this contract is $906,250; and 2. That the cancellation is for land on which a notice of non-renewal has been served pursuant to Section 51245 of the California Government Code; and 3. That cancellation is not likely to result in the removal of adjacent lands from agricultural use; and 4. That cancellation is for an alternative use which is consistent with the applicable provisions of the City's General Plan; and 5. That cancellation will not result in discontiguous patterns of urban development; and 6. That there is no proximate non-contracted land which is both available and suitable for the use proposed on the contracted land or that development of the contracted land would provide more contiguous patterns of urban rl v lopment thin development of proximate non-contracted land. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga approves a tentative cancellation of a Land Conservation Contract at 20865 Wardell Road comprised of four lots totaling 7.73 acres in accordance with the terms of this resolution under the provisions of Sections 51280 through 51287 of the California Government Code and based on the above fmdings, subject to the following conditions: 1. The applicant shall make full payment to the Santa Clara County Treasurer for the amount of the cancellation fee, which is $906,250 (12.50% of the land's current fair market value (combined value of all four lots) of $7,250,000). 2. Unless the cancellation fee is paid, or a certificate of cancellation of contact is tssue~ wtthin one year o-fi m th~~~ of the recording of the certificate of tentative cancellation, the cancellation fee shall be recomputed as of the date of notice described in subdivision (b) of California Government Code Section 51283, or the date the landowner(s) requests a re-computation pursuant to Government Code Section 51283. PASSED AND ADOPTED by the Saratoga City Council, State of California, the 7~' day of December, 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Approved; Mayor ATTEST: City Clerk Attachment 2 Attachment 3 ClgrossU. Ea0 ]ayA }Calf Mack B. Cosmdy t5sd. n. xas SkpMdeA Bowen Julie C. nsebd Molly E.1'hasmod, OfCosml Pad E. Rsema, Ic, Of Counsel HAI I,,, AEIIEA~ ~ I CONNELY 1319 Marsh Shea, SawndFloor San Luis Obispo, Califimia 93401 e-mail: hhc(a~1IiC•SLO.com Fax(805) 544.5329 (805)544-3830 Sanm IlasOaea O(11a uu sem surest, sdoe zos Soda Betben, CA 93101-2500 amen: Me~iC3B,com Fu(8D5)966.31i6 (805)966-1092 November 14, 2005 City Clerk c/o LATA City of Santa Clara l soo wazburtnn Avenue Santa Clara, CA 95050 //nn/ ~~ ~GNOU ~~~~ ~~~y `~ZOo -,,~ oFSq S 1 G ~n°I~fUCq I am the successor truster of the Hall Family Trust which owns certain properties on Wazdell Road in Saratoga, CA. Pursua>n to Government Code Section 51245, please accept this correspondence as notice of the non-renewal of the Williamson Act contract for the following A.P.N.s: 366-57-001-00 366-57-002-00 366-57-003-00 366-49-032-00 I thank you for your immediate attention to this mittter. Should you have any questions or comments, please feel free to contact me. Very CONNELY CI,A U. LL Succ Trustee -Hall Family Trust CIJH/bam ,•d bOObE6Z804 met cuoa~leW dss~to so st ~~u CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally known to me ^ proved to me on the basis of satisfactory evidence to be the person(a) whose name(t>j is/~ subscribed to the within instrument and acknowledged to me that he/atae{tHeyexecuted the same in his/`-n '~,e;r authorized ^ - capacity(ies), and that by his/ktesliiteir BONNiEA.MORRiS si natures on the instrument the erson evnmiasinnai_i719d9 9 () P (S), or Notary Pubiie • California i the entity upon behalf of which the person(s) San Lu[a Obispo County [ acted, executed the instrument. MyCarrm. Etmirae Nrv2D, 2tKl', p °4®°~01~"e"'°'•"°'N3~ WIT /~yS/Srmy hand and official ~se~~.~al.~~ Plxe N ~l I/ (LL LQ-~~ abxy Seel ADOVe SiB~n of Noblry PuWk State of California SS. County of ~1 1 t 11~~IS~_ On 11 ~ )y ~c~5 , betore me, ~f1f1iP. ~. m,rr~g , n~ a 1Nlltn dale Name aM iltle of Oaear (a.p., "Jma Ow, Nobly personally appeared ~,InUf~ (~. 1-E(LI) -`-`T Nemece)dsiprier(e) OPTIONAL Though fhe iMormation Hebw is not required by law, ft may preve valuable to persons relying on the document antl could prevent Ireudulent removal end reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: ~.]7J(e Y' )yi 1(Y~J Number of Pages: - -Signer(s)-0ther~~an~Jemed-Above: -- --------_ _.... _ _. _. Capacity(ies) Claimed by Signer Signer's Name: ~•~ (,~ (~ I ( ^ Individual mp or mvro nem ^ Corporate Officer -Title(s): ^ Partner-^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ~, Other. SiK'1~.9~f-7n ts)er -III rn(y'Tn IS't' Signer Is Representing: e IaN NNmtl Nehry~waegtlon•>a50 p.soro.w...P.o.ae,xece•cn,e„o.at caels+sza03•aave.eitlonYNtvyoro Pea Na soot s.ara.e Ce~reurn. l+oaexam E'd b004E6z604 met tuoa~~eW d9S~T0 SO ST ^~N I1/IG/OS Dear City C'Icrk, City of Saratoga: Pursuant to Government Code Section 51245, this letter Serves as notice of the non-renewal of the Williamson Act contract for the following A.P.N. # 36fi-57-004, It is my intent to cancel the Williamson AM far my parcel and as per tho sales agreement for my parcel the complete cancellation of the Williamson Act to be no later than January 31, 2006. ~. Date ~(~IS,~~Ir ~~ u~ Noy ~ s zoos rnv ur snt:n tua~~ •••IAIf•'•~ Ill:• ~w T•d TOE6ZSbBOb oui '9uz.aaaui~u3 tini~ S1 dTi PTO SO TO ~atI State of California ~,OUnty of S0.w~ 1. li: Cam') On it bcl'orc mc, ~'~..~.,r•, v'til . , un;~ (Apt Na . /I'irle ol'Udwnrr.c. )Rnc I •, NntRry 14b1s - personally app~rcd ~"nw~ ~ ~ ,.v~ _ N~ulRflx) 01 :Sipnerys) _ personally known to me -UR- _ " proved to me on thc'basis of satisfactory evidence to he the person(s) whose nams(s) is/are subu;ribsd to the within instrument and acknowlcdgrxi !o me that he/shdthey executed the same in his/her/their authorized capucity(ies), and that by his/hedthcir signature(s) on tlac instn)mcnt the person(s), or the entity upon which the person(s) acted, executed the instrument. ~"~` sriWtFy wt rotate Witne d otTicial seal. N xorw,~i •u ~ ~ ~ '~ ~ ~ (w:ul) ~~` 'title or'i' of D<xa~ Lnt l l-, Yip ~-~... r..; o, _.. o ~~ ~ ,.,.. o.,.-- Numtxr al' Pages I Uatc of Document _ Signer(s) (.rther Than Named Above Capacity Caaimed by Signer(s) ,_~ Individual(s), .__ Corporals: C'orporatt Of'licer(s): _ -Partner(s) _ Limited or _ General. -_ Attorney in Fuct , 'trustee(s) ,., . Guardian/C'onurvator _ Other: __._ Si~ncr is Representing: NRp6llr Nprwm(s)Or l;nmy(iivi~ ~ ~~ Uu NOV .l 6 2005 ~~ cl n' ur tinenrurn I ~~_ 2'd i0E6zSbBOb ouI r~ut.+aaui9u3 i?~S~ Sl dZt:tO SO TO man Attachment 4 • # DESCRIPTION OF CANCELLATION REQUEST In and prior to the 1970's, the Hall family owned approximately 26 acres of land located in Saratoga, California. The land was subject to a "Williamson Act Contract" which was recorded in the Office of the Recorder of Santa Clara County on Jatluafy 19, 1972, pursuant to the California Land Conservation Act of 1965. On February 7, 1979, the City Council of the City of Saratoga adopted Resolution No. 893, cancelling the Williamson Act Contract as to 18 acres of this land, leaving only 7.73 acres subject to the Contract. The Hall Trusts now own this 7.73 acres of real property located at 20865 Wardell Road, Saratoga, California, being APNs 366-49- 032, 366-57-001, 366-57-002, 366-57-003 and 366-57-004 (hereinafter referred to as the "Property"). The Property consists of four (4) legal lots. The Hall Trusts are petitioning the City of Saratoga for cancellation of the Williamson Act Contract with respect to the Property, in accordance with the provisions of Section 51280-51287 of the Government Code. The proposed alternate use of the Proo~rty is to construct a single family residence upon each of the four lots The Hall Trusts believe that cancellation of the William Act Contract is appropriate based upon the following factors: A. The Property does not meet the Williamson Act's objectives. Back in 1979 the Saratoga City Council recognized that the land subject to this Williamson Act Contract was unsuitable for farming, cancelling the Contract as to the most of the land at the Halls' request. As there has been additional residential development in the surrounding area since 1979, the Property is even less suitable for farming today than the previously cancelled portion was back in 1979. While it is true that the Williamson Act was amended in 1981 to require more detailed findings for cancel-ation, the legislature stated that these amendments were not intended to strengthen or weaken the Williamson Act, but only to clarify it. B. Additionally, the County Agricultural Commissioner has in the past as to similar sites in the area confirmed the unsuitability for productive agricultural uses, noting that apricots in particular do not typically do well in western Santa Clara County locations (Van Wassenhove,1995), Thus, due to the Property's small size, its relatively constrained topography (11% to 25% slopes over most of the Property), lack of suitable soils, the incompatibility ofagricultural use with surrounding residential uses, and the cost of irrigation due to the site's topography, there are no reasonable, economically sustainable, agricultural uses to which the Property can be put. F:1UsersUamieM;iscellaneous\Inserts_into_letter mareh705.wpd C. The Property does not constitute "prime agricultural land," an "agricultural preserve," a "scenic highway corridor," a "salt pond," a "submerged area; a "wildlife habitat area," or a "managed wetland area," and thus does not fall within any of the categories of land which the Williamson Act is primarily intended to preserve. D. Section 51222 of the Government Code only states that it IS in the pUbIIC interest to retain agricultural lands under Williamson Act contracts where such lands include at least 10 acres of prime land or 40 acres of non-prime land. The Property is non-prime land and far less than 40 acres. While apricots were once maintained on the Property, this commercial use was abandoned nearly 30 years ago. Since then, the Property has not been put to any productive agricultural use, though a third party was allowed to harvest the available fruit in exchange for discing the land up until approximately 1990. Absent cancellation, the Property will continue to remain in its current unproductive state. E. Public benefits from the proposed cancellation would include helping the City to provide its fair share of regional housing, avoiding the adverse impacts (including pesticides and pollutants) agricultural use would have on surrounding residents, and the additional jobs and local revenue and taxes which would be provided from improvement of the Property. F. There is no non-contracted land proximate to the Property which is both available and suitable for the use proposed for the Property. The Property is surrounded on three sides by lands which are subdivided to their ultimate density and developed with homes. As indicated on the ~ map, the Petitioner examined properties in approximately a one mils, radius from the Property, including properties in neighboring jurisdictions, even thoil~h the Williamson Act does not require review of such properties. Within that circumference, most of the land has already been subdivided and developed for residential purposes, with the following exceptions: to the north and northwest of the Property at a distance of roughly three quarters of a mile are a series of parcels devoted to open space and owned by Mid-Peninsula Regional Open Space District. Two large parcels due west of the Property are devoted to golf course use -the Saratoga Country Club. Additionally, there are three Williamson Act parcels within the radius; a roughly 15 -- acre parc~l~esated~ppra~nateyr~ quar#er mile-#rnm#he-Property and~uuA_more~azcels __ further to the southwest about a half mile from the Property. The Petitioner examined the remaining vacant parcels to determine which, if any, were both suitable for and available to Petitioneer for development of four homes as proposed for the Property. Petitioner's findings regarding each of fhese parcels is as follows: * APN 366-14-04. This 7.5 acre parcel is located adjacent to the Property on its north side. It is zoned HR (Hillside Residential) and could be developed with a maximum use of two homes. It is not for sale and the owners have rejected several offers over the past few years. * APN 503-77-023. The northeast corner of this 17.66 acre parcel (21085 Wardell Road) touches the southwest corner of the subject Property. It is zoned HR, has two homes on it, and could be developed with a maximum of one additional home, though F;\Us"rsUamle\miscellaneous\Inserts_inlo_lelt"r march105.wpd 2 • access issues may make development of that new home site infeasible. It is not for sale and the owners have rejected several offers over-the past few years. * APN 503-15-002. This 26.4 acre parcel is located approximately a half mile to the southwest of the Property. It is zoned HR. An application for a five lot subdivision was denied by the City of Saratoga in 2000. It is now owned by a former CEO Of B8y Networks, who has planted about half the parcel in grapes, and owns parcels to the south (his home) and west (where he is developing a home for a family member). It is not for sale and the owner has no interest in selling. * APN 366-06-002. This 15 acre parcel is located approximately two-thirds of a mile to the northwest of the Property, in the unincorporated County (Cupertino sphere of influence). It is zoned Residential Hillside - d1 and could be developed with a maximum of one home. It is not for sale and the owners have rejected offers to buy over the past few years. * APN 366-09-043. This 37.58 acre parcel is located in Cupertino, approximately three-quarters of a mile northwesterly of the Property. It is zoned P-Res. (planned development residential) and could be developed with a maximum of nine homes. It is not for sale. Thus, there appear to be no properties within the radius studied which would be "suitable" for development of four residences, the alternate use proposed for the Property. Further, none of these vacant parcels are "available" to the Petitioner for the development of four homes proposed for the Property: none are currently listed for sale, nor have the owners expressed an interest in selling. According to local realtor Bill Gorman, most have rejected prior offers to purchase. G. The Petitioner hereby declares its intention to deliver to the City a notice of non-renewal of its Williamson Act Contract prior to 9/30/05, thereby indicating its intention to terminate such contract. H. The requested-canceNatio~t-is~ot likely to resr~ttir~-the iemovat of adjaeer~t lands from agricultural use because no adjacent lands are in agricultural use. The parcel closest to the Property which is still being farmed is APN 503-17-021. This 15 acre parcel has been planted in vineyards for roughly 7 to 10 years. It is surrounded on three sides by residential lands, but still maintains its agricultural use. There is no reason to believe that this parcel would cease its agricultural use based upon the development of four home sites on the Property, which is separated by existing intervening residential development. I. The requested cancellation is for an alternative use which is consistent with the applicable provisions of the City's General Plan. The General Plan designates the Property for residential use, in particular Very Low Density Residential. Further, such cancellation would not be in conflict with various policies in the Conservation Element calling for the preservation of agricultural use and discouraging cancellation of Williamson Act contracts. These policies are intended to protect agriculturally productive uses. F:1UsersUamlelmiscelleneous\Inserts_inlo_IeNar_march 105.wpd i • Preserving non-productive lands held in Williamson Act contracts is not the intent of these policies. As already discussed, productive agricultural operations are not reasonably feasible on such a small parcel surrounded by urban residences. J. The requested cancellation will not result in discontiguous urban development, as the Property is already surrounded by residential neighborhoods and Will be developed in a manner consistent with surrounding development. Utilities are readily available at the westerly terminus of Wardell Road. F:\UsersUSmielmiscelleneous\Inserts_into_letter_marchtOS.wpd 4 I ~~~IVII. ENGINE~PING November 4, 2005 Job Number 02-277 Via U.S. Mail Leta Vasudevan Community Development City of Saratoga 13777 FruRvale Avenue Saratoga, CA 95070 NOV 212005 ~` C1TY OF SARAipGA ,y,+p npvT - Attn: Late Vasudevan Subject: Subdividable Land Inventory - Expanded to 3-Mile Radius Supplemental Information Hall Famiy Property -Williamson Act Cancellation 20865 Wardell Road, Saratoga Dear Lata: Endosed are two maps of subdividabie land beyond one mile but wfthin three miles of the Hall Family property. It demonstrates compliance with the following Williamson Ad Cancellation finding: 5) There is no noncontrected land which is both available and suitable for the use to which it is proposed the contracted land be put..... The expansion to a three-mile radius is in response to the letter from the Cal'rfomia Department of Conservation written to the City of Saratoga dated August 4, 2005. Much of the land falls into three categories which immediately disqualifies it as 'available and suitable', those being: Public open space land currently owned by the Mid-Peninsula Regional Open Space-District (MROSD)-- -- -- _ __ __ _ _ - • Private open space land that was developed with and restricted through a dty subdivision approval • Parcels with active Williamson Act contracts (WB -Williamson Biil per the County Assessor) • Already developed land with no further subdivision potential Between the CRy of Cupertino and expanded Saratoga areas, there are only two parcels that are subject to further review and these are not subdividable into four lots for the following reasons: Parcel F-Cannon Heiohts Academy (see Mao 1) 1776 Technology Drive, San Jose, CA 95110 Telephone: 408.452.9300 Toll Free: 666.327.7070 Fax: 408.452.9301 vrww.tscivileng.com Late Vasudevan Job No. 02-277 November 4, 2005 Page 2 of 2 The subject 131 acres in Cupertino is the site of an old quarry. We attempted to process a private school facility on this site in 2001. That application failed and the general consensus of the City planning staff is that the highest and best use for the property would be a rezoning and Gustering of 12 units on the most northwesterly 10 acres Of the property. This would require a controversial rezoning of the site. This site is not currently appropriate for development and is under option to a buyer. Parcel G -Mountain Winery -Easterly Parcels (see Map 2) Although 75.2 acres, over 60% of this site is constrained by the circuitous access road to the Mountain Winery concert venue. The northerly 40% of the site appareMty contains an abandoned quarry and is both severely steep in topography with complex geologic hazard issues. Consequently, the highest and best use for this property is as a "density donor" to other adjoining parcels under common ownership. !believe such an application is pending before the County and City of Saratoga. Regardless, this is not the site for an urban infill project of four two-acre lots as is he hall property. Sincerely, 1 Terence J. Szewczyk, P.E. Principal Engineer cc: Clayton Hall Bart Hechtrnan ~3 ~) r~ , J ~ i~ y~ ~~. _ vJ L~~ ~~~ ~~~" ~ ,~3 +~ Ptl w ~~ Attachment 5 DEPARTMENT OF CONSERVATION DIVISION OF LAND RESOURCE PROTECTION 801 KSTREET • MS IB-Ol • SACRAMENTO, CALIFORNIA 95814 •' PHONE 916 / 324-0850 • FAX 9161327-3430 • iDD 91613242555 • WE! SIiE COnSefvafiOn.CO.QOv August 4, 2005 Ms. Lata Vasudevan, Associate Planner Ciry of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Cancellation of Land Conservation (Williamson Act) Contract, Application No. 05-071, APN's 336-49-032, 336-57-001, 002, 003 and 004; Landowner-Hall Family Trust Thank you for submitting the notice to the Department of Conservation (Department) as required by Government Code section 51284.1 for the above referenced matter. The petition proposes to cancel the remaining 7.73-acres of land (four legal lots) under the subject contract. The Ciry of Saratoga previously cancelled 18 acres subject to the contract in 1979 based upon the determination that it was unsuitable for farming. The applicant has requested cancellation so that the four legal lots may be sold and developed by potential buyers for single-family residential use. The property is located at 20865 Wardell Road in the Ciry of Saratoga. Cancellation Findings Government Code Section 51282 states that tentative approval for cancellation may be granted only if the local government makes one of the following findings: 1) cancellation is consistent with purposes of the Williamson Actor 2) cancellation is in the public Interest. The Department has reviewed the petition and information provided and offers the following comments. Cancellation is Consistent with the Purposes of the Williamson Act For the cancellation to be consistent with purposes of the Williamson Act, the Saratoga City Council (Council) must make findings with respect to all of the following: 1) a notice of nonrenewai has been served, 2) removal of adjacent land from 7Fe Department of Conservationsmission is to pnrtect Californians an6t(uirenvironment 6y: 2rotecting frees anQ'property from earY(yva((gs an6larulsft~es,• insuring safe mining anQ'oilanCgas 6nlGng; Conserving California s farndanQ• arrrdSaving energy an6resourcu tfimugk rerycGng. Ms. Leta Vasudevan, Associate Planner August 4, 2005 Page3of3 Please note that the Supreme Court of the State of California held "Cancellation is inconsistent with the purposes of the act if the objectives to be served by cancellation should have been predicted and served by nonrenewal at an earlier time, or rf SuCh objectives can be served by nonrenewal now:' Sierra Club v, Hayward (1981), 28 Cal.3d 840, 855, and Honey Sorinos Homeowners Association v. San Diego County (1984} 157 Cal.App.3d 1122, 1145. The petition states that commercial agricultural use was abandoned on the property 30 years ago. The alternative use proposed is the opportunity to sell four unencumbered parcels for residential development. Residential development is not proposed at this time and is acknowledged in the petition to be dependent upon the preferences of prospective buyers. The Department concludes that there appears to be no extraordinary situation to warrant an immediate cancellation of the contract and advises that nonrenewal remains the preferred method of contract termination in this case. Additionally, the City is encouraged to review Williamson Act contracted lands within it's jurisdiction for parcels that are substandard in size and/or anticipated for development within aten-year contracted parcels. Should the Council approve the cancellation petition the Department recommends that any additional information regarding the availability and suitability of proximate non- contracted lands for this use be added to the record. 'This should include an analysis of other non-contracted estate properties within a sev - ile radius of this site, and an analysis of why they are not available for use as estate housing. Such information in the record wiA help assure that this cancellation would meet the requirements of statute and avoid future challenges. Lastly, legislation effective January 1, 2005, requires the county assessor to send notice to the Department and landowner of the current fair market value of the land and of the opportunity to request a formal review from the assessor prior to any action giving tentative approval to the cancellation of any contract. (SB 1820, Machado, Chapter 794, Statutes o~200~i (Section3T283ia}}. _ _ _ __ Thank you for the opportunity to provide comments on the proposed cancellation. Please provide our office with a copy of the Notice of the Public Hearing on this matter ten (10) working days before the hearing and a copy of the published notice of the Council's decision within 30 days of the tentative cancellation pursuant to section 51284. Additionally, we request a copy of the Council's findings pursuant to section 51282. If you have any questions concerning our comments, please contact Adele Lagomarsino, Program Analyst at (916) 445-9411. Sincerely, ~~~~ ~~ DerSnis J. O'B nt Acting Assistant Director Attachment 6 County of Santa Clara Office of the County Assessor Real Property Division county Government Center, Fast wing 70 Wesf Hedtling Street san JOSe, Calltomla 9s110-1770 1.408-299.5300 FAX 1-408-298-9439 wwwsccassessor.org Lawrence Ls. stone. Assessor November 10, 2005 LATH VASUDEVEN CITY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT 13777 FRUITVALE AVE. SARATOGA, CA 95070 SUBJECT: CERTIFICATES OF CANCELLATION LANDS OF HALL WARDELL RD. SARATOGA, CA Dear Ms. Vasudevau: Enclosed are the cancellation certificates for the Hall properties. If you Gave any questions, please call me at (408) 299-5350. Sincerely, Frank Giordano Senior Appraiser ____ ___ _. _----_ ~ ~'~G5 ~NOV ~~~ 1 ~,TY ~ Zoos ~~,,,~r oFSq~ L nil rTO~A County of Santa Clara Office of the County Assessor Real property Division County Government Center, East Wing 70 west Hedding Street San JOSe, CalifOmia 951 1 O (408) 298-5300 FAX 298-9439 Lawrence E. Stone, Assessor NOVEMBER 9, 2005 CITY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT 13777 FRUITVALE AVE. SARATOGA, CA 95070 ATTN: LATA VASUDEVAN RE: A.P.N. 366-49-032 OWNER: HALL SURVIVORS TRUST LAND CONSERVATION CONTRACT: # 72-909 A , CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT CODE, I, LAWRENCE E. STONE, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE FULL CASH VALUE OF THE 2.38 ACRES OF LAND, BEING PARCEL 366-49-032 IS $2,000,000 (TWO MILLION DOLLARS). THIS IS THE VALUE TO BE USED IN CALCULATING THE CANCELLATION FEE. THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTIPLYING THE FULL CASH ~'ALIIE_BY~2_.SPER~ENT_LS EQUAL TOGO 000 T~ wo xUNDRED FIFT_Y_TH_OUSAND DOLLAl~._ THIS IS THE AMOUNT OF THE CANCELLATION FEE. HIS 9~ DAY OF NOVEMBER, 2005, AT SAN JOSE, CALIFORNIA. tENCE E. O E fTY ASSESSOR ,~,. County of Santa Clara Office of the County Assessor Real Property Division County Government Center, East Wing ~o west Redding Street San Jose. Callfomia 951 10 (408) 2g9-63Op FAX 298-9439 Lawrence E. Stone, Assessor NOVEMBER 9, 2005 CITY OF SARATOGA COMMUNTTY DEVELOPMENT DEPARTMENT 13777 FRUITVALE AVE. SARATOGA, CA 95070 ATTN: LATA VASUDEVAN RE: A.P.N. 366-57-004 OWNER: HALL SURVIVORS TRUST LAND. CONSERVATION CONTRACT: # 72-909 CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT CODE, I, LAWRENCE E. STONE, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE FULL CASH VALUE OF THE 2.38 ACRES OF LAND, BEING PARCEL 366-57-004 IS $1,600,000 (ONE MILLION SIX HUNDRED THOUSAND DOLLARS). THIS IS THE VALUE TO BE USED IN CALCULATING THE CANCELLATION FEE. THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTH'LYING THE FULL CASH VA~ITRBY 12.5 PERCENT I3 EQUAL TO_$200,000 (TWO HUNDRED THOUSAND DOLLARS)... THIS IS THE AMOUNT OF THE CANCELLATION FEE. THIS 9"' DAY OF NOVEMBER, 2005, AT SAN JOSE, CALIFORNIA. CE E. STONE ASSESSOR aaie County of Santa Clara Office of the County Assessor Real Property Division County Government Center, East Wing 70 West HedtJing Street San Jose; California ssl to (408) 299•SiW FAX 298-9439 LaWrenCe E. Stone, Assessor NOVEMBER 9, 2005 CTfY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT 13777 FRUITVALE AVE. SARATOGA, CA 95070 ATTN: LATA VASUDEVAN RE: A.P.N. 366-57-001/002 OWNER: HALL SURVIVORS TRUST LAND CONSERVATION CONTRACT: # 72-909 APPRAISAL DA : NOVE BE 9, 0 CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT CODE, I, LAWRENCE E. STONE, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE FULL CASH VALUE OF THE 1.88 ACRES OF LAND, BEING PARCELS 366-57-001/002 IS $1,750,000 (ONE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS). THIS IS THE VALUE TO BE USED IN CALCULATING THE CANCELLATION FEE. THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTII'LYING THE FULL CASH ___yei.iTF RV 12.5 pF.RCF.NT iS Fni1Ai. TO ~21R 750_(T13'O ALLNDRF.D F.IGHTEEN_THO_USANII. SEVEN HUNDRED FIFTY DOLLARS). THIS IS THE AMOUNT OF THE CANCELLATION FEE. E THIS 9'$ DAY OF NOVEMBER, 2005, AT SAN JOSE, CALIFORNIA. t' ~ RENCE E. STONE NTY ASSESSOR a ~,. County of Santa Clara Office of the County Assessor Real Property Division county Government center, Fast wing 70 West Redding Street San JOSe, Callfomla 95 i 10 (4p8) 2gg.b3pp FAX 29&9439 Lawrence E. Srone, Assessor NOVEMBER 9, 2005 CITY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT 13777 FRUITVALE AVE. SARATOGA, CA 95070 ATTN: LATA VASUDEVAN RE: A.P.N. 366-57-003 OWNER: HALL SURVIVORS TRUST LAND CONSERVATION CONTRACT: # 72-909 APPRAISAL DATE: NOVEMBE 9, 2005 CERTIFICATE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 51283 OF THE GOVERNMENT CODE, I, LAWRENCE E. STONE, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE FULL CASH VALUE OF THE 1.47 ACRES OF LAND, BEING PARCEL 366-57-003 IS $1,900,000 (ONE MILLION NINE HUNDRED THOUSAND DOLLARS). THIS IS THE VALUE TO BE USED IN CALCULATING THE CANCELLATION FEE. THE CANCELLATION FEE, WHICH IS DETERMINED BY MULTIPLYING THE FULL CASH __~~LIJE_BY.12.S PERCENTIS ES2UAL_TO_$237,500 (TWO HUNDI~D THIIiTY SEVEN THOUSAND _ __ _ FIVE HUNDRED DOLLARS). THIS IS THE AMOUNT OF THE CANCELLATION FEE. DONE THIS 9~ DAY OF NOVEMBER, 2005, AT SAN JOSE, CALIFORNIA. LA RENCE E. ONE C TY ASSESSOR ~~. Attachment 7 13777 FRUITVALE AVENUE • SARATOGA, OALIFORNIA 95070 • (408) 868-1200 COL~NCILMEIN~ERS~. Incorporated October 22, 1956 Aileen Kao Kathleen King Norman Kline Nick Streit NOTICE OF INTENT TO ADOPT Ann Walfonsmith A NEGATIVE DECLARATION PROJECT LOCATION: Parcels (A.P.N. 366-49-032, 366-57-001, 002, 003 and 004) 20865 Wazdell Road, Sazatoga, CA 95070. DESCRIPTION OF THE PROPOSED PROJECT: The Hall Family Trust is petitioning the City of Saratoga for cancellation of the Williamson Act Contract with respect to the 7.73 acres of land located at the -~~~ ~ J I a~ ~~rh Gev r~u~Ir~t Cede Section SI~Rn- 51287. REVIEW PERIOD DURING WHICH THE CITY WILL RECEIVE COMMENTS: June 29, 2005- July 29, 2005 LEAD AGENCY CONTACT: Please direct all written correspondence to Lata Vasudevan AICP, Associate Planner, City of Sazatoga 13777 Fruitvale Avenue, Sazatoga, CA 95070 (408) 868-1235. DATE/TIME/PLACE OF PUBLIC HEARINGS: To be announced. COPIES AVAILABLE FOR PUBLIC REVIEW: The Negative Declazation and Initial Study are available for public review at City Hall, Planning Department located at 13777 __ - Frtlitvale Avenue. INITIAL STUDY CITY OF SARATOGA 1. Project Title: Application No. OS-071- Williamson Act Contract Cancellation 2. Project Location: 20865 Wazdell Rd. (4 pazcels), Sazatoga, California: APN 366-49-032, 366-57-001, 002, 003, 004 3. Lead Agency Name and Address: City of Sazatoga, Planning Department, 13777 Fruitvale Avenue, Sazatoga, CA 95070 4. Contact Person & Phone Number: Lata Vasudevan AICP, Associate Planner (408) 868-1235 5. Project Sponsor's Name and Address: Hall Family Trust c/o Clayton Hall nd ., San Luis Obispo, CA 93401 6. General Plan Designation: Residential Hillside Conservation (RHC) 7. Zoning: Agricultural Preserve [AP] as the overlay zone and Hillside Residential [HR] as the underlying zoning designation. 8. Description of Project: Four legal lots comprising of 7.73 acres total aze currently under a Williamson Act _ __Contract limiting use. o_f thg_land to agricultural and open_space purposes. The contract _ __ currently has a remaining term of 9.5 years and will renew on January 1, 2006 at which point it will have a term of 10 yeazs. The Contract was executed on January 20, 1972.The applicant proposes cancellation of this contract in the manner authorized by the Williamson Act. This contracted land was once part of 26 acres owned by the applicant, the Hall Family Trust. In 1979, the City Council of the City of Sazatoga cancelled the Williamson Act Contract as to 18 acres of this land for the development of the Pazker Ranch Subdivision. At that time, the City Council determined that the 18 acres was unsuitable for farming. The City Council was not requested to make a determination regazding the remaining land at that time. The remaining 7.73 acres of land have not been actively farmed since 1990. Prior to this time, apricots were farmed on the properties. Over a course of time, according to the applicant, the apricot trees started to age and the harvest became meager. Some remnants ] Initial Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, CA of the original orchazd can still be seen on the westernmost lot. The properties have no irrigation system because apricot farming did not require water. A single family home and a separate barn exist on one of the pazcels. Another barn is situated on a separate pazcel within the contracted lands. The Hall Family Trust has submitted a request to the City to cancel the Williamson ACt Contract for the 7.73 acres of land so that it may pursue an alternate use. Upon cancellation of the Contract, the applicant would like to sell the parcels. It is expected that a new home would be built on each of the four lots by the buyers. The timing for the development on each of the four lots will be dependent on the preferences of the buyer. The Hall Family Trust proposes to construct a new private roadway to each of the lots after cancellation of the contract occurs. The current access is via a narrow shared driveway extending from Wardell Road. Williamson Act cancellation terminates the contract with a monetary penalty. Cancellation is different from nonrenewal, where the contract winds down over the remaining 9-yeaz term. Cancellation of the Williamson Act contract is subject to the CEQA process pursuant to Section 15317 of the CEQA Guidelines. This Initial Study focuses examining any impacts of canceling the Contract for the subject lands including ~ tea=-====r . :.,.ea ...:,~,7;,..e.,.:.,t Ao..otopment of fear nfw hnrnrs and a-^_P•~, roadway. The specific impacts associated with the new roadway construction and the four new homes will be evaluated by the City at future application submittal stages when specific information on roadway and home design aze available. 9. Surrounding Land Uses and Setting: Northerly -Open space and residential estate lots of one acre or lazger aze situated within the Parker Ranch Subdivision. Directly adjacent to the subject properties is a 7.52 acre pazcel with multiple structures. This adjacent pazcel is not under Williamson Act Contract. Easterly -Developed with single family homes built in the 1960's in a suburban setting with lots of approximately 12,000 sf. -- - -_ Southerly - A pazcel under Williamson Act (not contiguous to the Hall properties and about 1/2 mile away) and other similaz hillside pazcels with some agricultural usage, but no consistent type of development. Westerly -Broad open space azea with deeply incised riparian corridor that is approximately 100 feet wide and flows to the Northeast. This riparian corridor is a tributary of Calabazas Creek and is not within the Santa Clara Water District's jurisdiction. The uses on the other side of this corridor consists of an approximately 4.5 acre scenic easement established as part of the Parker Ranch development of single family homes which are situated on the other side (to the west and to the north) of this easement. 2 Initial Study Williamson Act Contract Cancellation 20865 Wardell Road Saratoga, CA 10. Other agencies whose approval is required: California Department of Conservation Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project: ^ Aesthetics ^ Agricultural Resources ^ Air Quality ^ Biological Resources ^ Cultural Resources ^ Geology/Soils ^ Hazards & Hazardous Materials ^ Hydrology/Water Quality ^ Land Use/Planning ^ Mineral Resources ^ Noise ^ Population/Housing ^ Public Services ^ Recreation ^ Transportation/Traffic ^ Utilities/Service Systems ^ Mandatory Findings of Significance Determination: ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATNE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIItONMENTAL IMPACT REPORT is required. __ __ _ _. ^ I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but a least one effect (1) has been adequately analyzed in an eazlier document pursuant to applicable legal standards, and (2) has been address by mitigation measures based on the eazlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATNE DECLARATION pursuant to applicable standazds and (b) have been avoided or mitigated pursuant to that earlier EIR or Initial Snaty Williamson Act Contract Cancellation 10863 Wardell Road Saratoga, CA NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Associate Planner 2ceS 4 Inuial Brady Williamson Act Conlrac! Cancellation 10865 Wardell Road Saratoga, CA Potentially Less than Less Stan No Impact Significant Significant Significant Impact With Impact Mitigation 1. AESTHETICS. Would the project: A) Have a substantial adverse effect on a scenic vista? X Discussion: No Impact -The cancellation of the Contract will not have an adverse effect on a scenic vista. A new home could be built on each of the 4 existing pazcels. Each new home will go through the City's Design Review process, where a project can not be approved unless it is consistent with all of the design review findings. One of the design review finding stated in Municipal Code Section [MCS] 15-45.080 is avoidance of unreasonable interference with views. (Source: City of Sazatoga Municipal Code and Residential Design Guidelines.) B) Substantially damage scenic resources, including, > > historic buildings within a scenic highway? X Discussion: No hnpact -The Contract cancellation will not damage any scenic resources such as rock outcroppings. The subject site is not located within or in close proximity of a scenic highway. (Source: CALTRANS California Scenic Highway Program.) C) Substantially degrade the existing visual chazacter or quality of the site and its surroundings? X __ _Discussion: lYolrxtpact_- The Contr~t can~ellation_will not substantiallv_degrade the __ _ _ _ visual chazacter of the site. In terms of the potential alternative use any new residence to be located on the four parcels will require design review approval. The fmdings for approval include mass, bulk, view and privacy. In addition, future development on each parcel is subject to site coverage regulations, which for the Hillside Residential zoning district which is 25% of the lot size or 15,000 square feet (whichever is more restrictive). This will ensure that a sufficient portion of each lot will not be built upon. (Source: City of Sazatoga Municipal Code and Residential Design Guidelines.) Initial Study Williamson Act Contract Cancellation 20865 Warde!! Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation D) Create a new source of substantial light ox glare which would adversely affect day OT night time views in the azea? X Discussion: The Contract cancellation will not have any impact on this matter. 2. AGRICULTURAL RESOURCES. Would the project: A) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X Discussion: No Impact -The land is not classified as Prime Farmland, Unique Division of Land Resource Protection Map). B) Conflict with existing zoning for agricultural use or a Williamson Act contract? X Discussion: This project is for cancellation of the Williamson Act Contract in accordance with the requirements and standards of the Williamson Act. Because the cancellation would be consistent with these requirements there is no conflict. (Source: City of Sazatoga Zoning District Map and General Plan Map). C) Involve other changes in the existing environment which due to their location or _naturs;,_coul~result. itt-conversioi- of Farmh_to non-bicultural use? _____ _ _X Discussion: No other changes aze anticipated. The neazest pazcel that is also under the Williamson Act is approximately one-half mile away and has been actively farmed. It is not anticipated that the cancellation of the subject lands would have an adverse affect on this other pazcel. (Source: City of Saratoga Zoning District Map and General Plan Map). Initial Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated 3. AIR QUALITY. Would the project: A) Conflict with or obstruct implementation of the applicable air quality plans? X Discussion: The Contract cancellation will not have any impact on air quality. Construction ofsingle-family residences will not affect air quality or existing traffic volumes. B) Violate any air quality standazd or contribute substantially to an existing or projected air quality violation? }{ Discussion: The Bay Area Air Quality Management District does not recommend a detailed air quality analysis for projects that generate less than 2,000 vehicle trips per ay. a er to sec on a otuce: ay ea r ua t anagemen is c [sAAQMD]). C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors)? }t Refer to 3 a & b (Source: BAAQMD). D) Expose sensitive receptors to substantial pollutant concentrations? X Discussion: A sensitive receptor is a location such as a school, retirement facility or ~©spital where populations~ouldbe-exposed-to continuous_emissions.~io~ensitivE receptors are located in the vicinity of the project. Refer to 3 a & b (Source: BAAQMD, review of the proposed project). E) Create objectionable odors affecting a substantial number of people? X Discussion: The Contract cancellation will not have any impact on this matter. The future road and housing construction may result in unpleasant odors from construction materials present on the site; however, the long term creation of objectionable odors is not associated with the proposed project and any short term odors are not expected to affect a substantial number of people because of the low population density in the azea. Short term construction emissions will be controlled through the implementation of Feasible Control Measure for Construction Emission, Initial Stady Williamson Act Con[racl Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Table 2, including Basic Enhanced and Optional Control Measures of the BAAQMD Guidelines. (Source: BAAQMD, CEQA Guidelines). 4. BIOLOGICAL RESOURCES. Would the project: A) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local regional plans, policies, or regulations, or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: The Williamson Act Contract cancellation will not have an impact on this matter. The westernmost pazcel has a deeply incised water course. This is a tributary of Calabazas Creek and is not a protected creek as defined in the City of Saratoga Municipal Code. The tributazy is also not within the Santa Claza Valley Water District's jurisdiction. No development is proposed within this watercourse. required to ensure appropriate erosion and grading methods such that the tributary is not adversely affected. If development is proposed within the watercourse in the future, the applicant would be required to comply with any applicable regulations of the California Dept. of Fish and Game and other resource agencies. Saratoga does not have any azeas designated as a critical habitat according to the Critical Habitat Portal of the U.S Fish and Wildlife Service. The Yuma myotis and the long-legged myotis (bat species) are listed as natural communities in the Sazatoga area in the Department of Fish and Game's list of species or natural communities. Neither of these bat species are listed in the state and federal `List of Endangered and Threatened Animals of California' prepazed by the Dept. of Fish and Game. The only wildlife preserve in the Saratoga azea is the 175 acre Montalvo Arboretum, which is approximately 2,5 miles south of the subject properties. ___ (Source: City of Saratoga Municipal Code and SCVWD Maps of Flood Control Facilities and Limits of 1 % Flooding, City of Sazatoga General Plan, U.S. Fish and Wildlife Service and the CA Dept. of Fish and Game.) B) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? X Discussion: Refer to 4a. Initial Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? X Discussion: Not applicable. The proposed project does not include filling or dredging of wetland, coastal, marine or riparian azeas. D) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? }{ Discussion: Refer to 4 a & c. E) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? }( Discussion: The Contract cancellation will not conflict with any local policies or ordinances protecting biological resources. There are protected trees - as defined in the City of Sazatoga Municipal Code - on the properties. When the development application for the proposed private roadway and the new homes are submitted to the City, a City Arborist review would be required because of potential impacts to these trees. F) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? R Discussion: Refer to 4 a. & c. 5. CULTURAL RESOURCES. Would the project: A) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? }t Discussion: There are no historical resources located on the 4 pazcels. The two bam structures on the lands maybe of historic significance. However, this application does not propose to remove them. If in the future, an application is submitted which proposes their removal, then the City will require a historical deternunation of whether these structures are eligible for a local, state or national register. (Source: CEQA Guidelines and Sazatoga Historic Resources Inventory). 9 /nitial Study Williamson Act Contract Canrellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Itnpact Significant Significant Significant Impact With Impact Mitigation B) Cause a substantial adverse change in the significance of an azchaeological resource as defined in §15064.5? X Discussion: The cancellation will have no impact on azchaeological resources. In accordance with the City's standazd conditions of approval if archaeological resources or human remains are discovered during future construction, work will be halted within a 50 meter radius of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures will be formulated and implemented. (Source: Northwest Information Center, Sonoma State University) C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X Discussion: The project site has not been identified as containing any unique D) Disturb any human remains, including those interred outside of formal cemeteries? X Discussion: Refer to section SB. 6. GEOLOGY AND SOILS. Would the project: A) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ~~upturg of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? X Discussion: The San Andreas Fault is the only azea within the City and its Sphere of Influence that the State has designated as a Special Studies Zone. The project site is not located in the San Andreas Fault Zone (I). The project site is located in the Foothills Zone (II). Zone II can support urban residential development. Construction on lands with these soils classifications requires a process called Geotechnical Clearance, where detailed geologic and geotechnical analyses are prepared by a private engineer and peer reviewed and approved by the City geotechnical consultant. Conditions imposed by the City geotechnical consultant are incorporated as conditions of project approval. (Source: City of Sazatoga General Plan Seismic Hazards, Key for Map 1 and City of Sazatoga Municipal Code). 10 Initial Study Williamson Acl Contract Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact ~ Mitigation Incorporated (ii) Strong seismic ground shaking? X Discussion: Refer to 6a(i). (Source: City of Saratoga General Plan Seismic Hazazds, Key for Map 1). (iii} Seismic-related ground failure, including liquefaction? X Discussion: The Contract cancellation will have no impact on ground failure. In general, liquefaction is not a concern in the Foothills zone. Refer to 6a(i). Geological cleazance (as described in 6.A(i)) will be required for future construction on the properties since this azea, located in the Foothills Zone (II), is estimated to have a high probability of landslide potential should an earthquake occur. The probability of subsidence and ground lurching in this area is low. (Source: City of Saratoga General Plan Safety Element). (iv) Landslides? X Discussion: the cancellation of this Contract will not have an impact on this matter. However, landslide probability is high in the Foothills Zone (II) and geological clearance (as described in 6.A(i)) will be required for future construction on the properties. (Source: City of Saratoga General Plan Seismic Hazards; Key for Map 1). B) Result in substantial soil erosion or the loss of topsoil? X Discussion: The proposed Contract cancellation will not have any impact. However, the future construction of single family homes and an access road will result in __ gradingactivites that would. require the issuance of a_grading permit._ During the _ _ _ design review process, building plan check, and construction of any proposed structures soil erosion and the loss of topsoil will be reviewed and monitored. The City will require compliance with all conditions of the grading and drainage permit. C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X Discussion: The cancellation of the Contract will not have any impacts on soil stability. Portions of the parcels are located in either the sbr, pd and ps zones. The sbr category is relatively stable ground. Whereas, the other two designations aze azeas of potentially unstable ground. A significant portion of the developed hillside of Saratoga is characterized by areas of potentially unstable ground. These conditions 11 Initial Study Williamson Act Contrac[ Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Significant Significant Impact With Mitigation Less than No Impact Significant Impact will be addressed at the time of any proposed future development in the manner described in section 6 A.(i), above. (City Of Saratoga Ground MOV8nlent POtellh2l Map). D) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? X Discussion: See (C) above. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: A) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazazdous materials? X Discussion: Not applicable. B) Create a significant hazazd to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X Refer to section 7a. C) Emit hazazdous emissions or handle hazazdous or acutely hazazdous materials, substances, or waste within one-quarter mile of an existing or proposed school? X Refer to section 7a. D) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X Discussion: The 4 parcels aze not included on the referenced list of hazazdous materials sites. (Source: Santa Claza County, Dept. of Environmental Health database). E) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X Discussion: The proposed new access road and any new residence on each of the four parcels will be reviewed by the fire department to ensure adequate access by existing City-wide emergency response. 12 /nitial Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation F) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands aze adjacent to urbanized areas or Where residences aze intermixed with wildlands? X Discussion: The Contract cancellation will not have any impacts on this matter. The properties are located in the hillside azea with surrounding residential development that is very low density. 8. HYDROLOGY AND WATER QUALITY. Would the project: A) Violate any water quality standards or waste dischazge requirements? X Discussion: Any proposed residential construction following the cancellation of the contract will be required to retain all storm water runoff on site. A grading and indicating how all storm water will be retained on site will be submitted and reviewed by staff at the time a design review application is filed. (Source: The National Pollutant Dischazge Elimination System (NPDES) permit order No. 01-119 and the Santa Claza Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook) ) B) Substantially deplete groundwater supplies or interfere substantially with groundwater rechazge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X ___. Discussion No wells_or changes to the landscape that would affect gmundwater_ recharge aze proposed as part of the project. Moreover, future construction of new homes after Contract cancellation will have no impact on this matter. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X Discussion: Refer to section 8A. D) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X 13 Initial Study Williamson Act Contract Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mifigation Incorporated Refer to section 8A. E) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X Refer to section 8A and B. F) Otherwise substantially degrade water? X Refer to section 8A. G) Place housing within a 100-year flood hazazd area as mapped on a federal Flood Hazazd Boundary or Flood Insurance Rate Map or other Discussion: The pazcels are not located in special flood hazard azeas. (Source: FEMA). H) Place within a 100-yeaz flood hazazd azea structures which would impede or redirect flood flows? X Discussion: Not applicable. See above. I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X Discusslon: The lots aze not located near a reservoir. J) Inundation by seiche, tsunami, or mudflow? X Discussion: The project site is not located in an azea that is prone to flooding, tidal waves, or mudflow. 9. LAND USE AND PLANNING. Would the project: A) Physically divide an established community? X 1 Q lnitia/ Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact, With Impact Mitigation Incorporated Discussion: There is an established community to the northwest (Parker Ranch subdivision). However, these pazcels will not divide this or any other established community. (Source: City of Saratoga General Plan). B) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X Discussion: The proposed cancellation will result in the construction of single family residences consistent with the zoning regulations, general plan designation, and land uses permitted in this zone district. C) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Discussion: The Contract cancellation is not applicable to this matter. The City does not have an adopted habitat or natural community conservation plan (Source: City of Saratoga General Plan, Conservation Element). 10. MINERAL RESOURCES. Would the project: A) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X Discussion: Mineral resources within Saratoga and surrounding azeas include sandstone and shale. There are no mines or quarries known to be operating in Sazatoga or its sphere of influence (Source: General Plan, Conservation Element). B) Result in the loss ofavailability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Refer to section 10A. (Source: City of Sazatoga General Plan: Conservation Element). I1. NOISE. Would the project result in: A) Exposure of persons to or generation of noise levels in excess of standazds established in the local general plan or noise ordinance, or applicable standazds of other agencies? X 1$ Initial Study Williamson Act Contract Cancellatton 10865 Warde![ Road Saraloga, CA Potentially Less than Significant Significant Impact With Mitigation Less than No Impact Significant Impact Discussion: The proposed use of the contracted lands will be single family residential. Typical activity associated with single family residences is expected to meet the noise standazds of the Municipal Code. B) Exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels (i.e. noise created inside a building, vibration transmitted through the ground, freight train line within 50-100 feet, adjacent to Army base)? X Discussion: This matter is not applicable to the Contract cancellation. Nevertheless, there aze no sources of ground home vibration at the properties. (Source: Review of the proposed project). C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X similaz applications). D) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X Refer to section 11A. (Source: Review of the proposed project and experience with similar applications). 12. POPULATION AND HOUSING. Would the project: A) Induce substantial population growth in an area, either directly (for example, by ___proposin new homes and businesse~or indirect~(for example_ , throesextension of _ _ roads or other infrastructure)? X Discussion: Should Contract cancellation occur, the applicant would be allowed to build four single family residences which are consistent with the zoning regulations and general plan designation for population densities. (Source: City of Saratoga General Plan) B) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X Refer to section 12A (Source: Review of the proposed project). 1( lnitia! Study Williamson Act Contract Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation C) Displace substantial numbers of people, necessitating the construction of replacement housittg elsewhere? }~ Refer to section 12A (Source: Review of the proposed project). D) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Discussion: Refer to section 12A (Source: Review of the proposed project). 13. PUBLIC SERVICES. Would the proposal result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant other performance objectives for any of the public services: Fire Protection ~{ Police Protection X Schools }t Pazks Other public facilities X X Discussion: Assuming Contract cancellation, the proposed single family residences can be accommodated within existing levels of service for police protection, schools, and pazks. Any proposed single family residence would require review by the fire deparknent and payment of school fees (if required by school district) as part of the -- - buildine.permit costs.- _ - -- - _ _ _ _ - _ - - - - - - _-- 14. RECREATION. A) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X Discussion: The Contract cancellation will not have any impacts on this matter. The proposed alternative use of 4 new single family homes is not expected to increase the use of existing neighborhood and regional pazks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 1 ~ Initial Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, C 9 Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation B) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse phyS1C21 effect on the environment? X Discussion: Not applicable. 15. TRANSPORTATION/TRAFFIC. Would the project: A) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system? X Discussion: The Contract cancellation will not have any impacts on this matter. The proposed alternative use includes a new roadway for the 4 new homes. One of these parcels already is developed with a single family home. In effect, the cancellation would lead to the construction of only 3 more homes in the area. The additional traffic generated by hese three homes would not be substantial in relation to existing traffic levels and the capacity of the street system in the azea. B) Exceed, either individually or cumulatively, a level of service standazd established by the county congestion management agency for designated roads or highways? X Refer to section 15A. 18 Initial Study Williamson Act Con[ract Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact With Impact Mitigation Incorporated C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? X Discussion: Not applicable to this project. D) Substantially increase hazazds due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X Discussion: Not applicable to this project. E) Result in inadequate emergency access? Discussion: Refer to section 7E and section 13. X Discussion: The development of single family residences would follow the Contract cancellation. Single family residences require two covered spaced in a gazage. This will be ensured when and if a design review application is submitted for each of the 4 pazcels. G) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Discussion: Not applicable to this project. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: A) Exceed wastewater treatment requirements of the Regional Water Quality Control Boazd? X Discussion: The existing underlying zoning of the site as very low density single family residential remains unchanged. B) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X Discussion: The Contract cancellation will not have any impacts on this matter. The lot with the existing home is currently using a septic system. The Cupertino Sanitation District will have to annex the properties for connection to the public 19 Initial Study Williamson Act Contract Cancellation 10865 Wardell Road Saratoga, C.9 Potentially Less than Significant Significant Impact with Mitigation Less than No Impact Significant Impact sewer system once development has been approved by the City. (Source: Cupertino Sanitation District). C) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X Discussion: The Contract cancellation will not result in construction of new water or wastewater treatment facilities. Prior to design review approval it will be required that all storm water runoff be retained on site, unless it has been detennined through geologic reviews that retaining stormwater on site would be detrimental to soil stability. D) Have sufficient water supplies available to serve the project from existing entitlements and resources, or aze new or expanded entitlements needed? X Discussion: The proposed homes that would be built after Contract cancellation can be accommodated within the existing level of service. Refer to 14A (Source: Review of the proposed project). E) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X Discussion: The proposed homes that would be built after Contract cancellation can be accommodated within the existing level of service. Refer to 16B. F) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X Discussion: The proposed homes that would be built after Contract cancellation can be accommodated within the existing level of service. Refer to 16B. G) Comply with federal, state, and local statutes and regulations related to solid waste? 7C Discussion: Refer to 16F (Source: Review of the proposed project). 20 Initial Study Williamson Act Contracl Cancellation 20865 Wardell Road Saratoga, CA Potentially Less than Less than No Impact Significant Significant Significant Impact. With Impact Mitigation Incorporated 17. MANDATORY FINDINGS OF SIGNIFICANCE. A) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a raze or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X Discussion: No adverse impacts to wildlife or their habitat shall occur as a result of the cancellation of the Williamson Act Contract for the four lots. Refer to section 4 of this initial study for a discussion of biological concerns. With incorporation of the condition outlined in section 5 of this initial study, no significant disruption of important examples of California history or prehistory would occur. considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X Discussion: Subject to compliance with the conditions contained herein to aid in the protection of potentially significant resources and to reduce potentially significant impacts, the effects of the proposed Contract cancellation aze not cumulatively considerable. C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion: Refer to 17B. ATTACHMENT: 1. Land Conservation (Williamson Act) Contract executed on January 20, 1972 21 Initial Study Williamson Ac! Contract Cancellation 20865 Wardell Road Saratoga, CA ~:f r 4X9®403 `~S _,~_ d ; - r t~'~ eYjll~BpaTSOx.COtiTBttCT~ ~ . ~ °~~ :fi is_ is an xgreen:ent between the City of Saratoga, Califoxni.a, (hetcinaf tea e nl.l ad "City', and pLnACAnrL c arL and FIE7TiN n vnrr ' (hereinafter called "O.mer"): ~ ~ ~ ~ - RFIEREAS, 0•,mer possesses certain re 21 property lot rl'Ed within the C1Cp OE Saratoga, County of Santa Clara, Bate of~Cal if ox ni e, which is presently devoted to agricultural uses and is desciibedJ in Exhi:b3t B attxcned hereto an3 code a part haraof; 2nd. F.'HEFEaS, the property is located in an agricul tar zl preserve heretofore es- tablished by City; and WHEFEaS, both Owner and City desire [o limit Che use of the proper ty,to ag- ricul turzl and compzti ble uses; and 4TiL?RF.aS; the partfes have determined brat t:he highest and best use for the ~propa rty during the tern of this contract, 9r zny renewal thereof, shall be for 1. wui carat purposes. . FARE M'Rlrl f MFMp NOiJ, TFIEREFORE, City and Owner agree as foll oc;s; ~ aqy~ FNOaov CoF1E8 MWNt COdiTR.4CT SUBJECT TO CPLIFORNIA La":D COSSERVe1T?0\ aCT OF 1565~~~ ~q ~ This con[r zct ~is entered- into pursuant"to Cheote: 7- (commencing with Sections 51200) of Part 1,~Divis ien 1, Title 5 of the Government Code, which is knov;n .a.s the California Land Ca:serva tion act of 1965. This con[r act ~is sub,jeet to alt df the provisions of this act including any amend,^:.en[s ~~[here to which may herezfter be enzcted. .. 2.' R'c STRICTIO`: OV L'SE O° PROPERTY During the term of this cqn riot t, and any and all re newzls thereof, the -- -- __-- property~described Ln exhibit 3 shall not be used by Owner or Owner's s uecessors in interest, for any purpose othe:~th an the production of agricul [ur al co;r-:odities for coarercial purposes 'end uses co~~patib le thereto, a list of all such comp a[ible i uses fs set forth in Exhibit a, a[tzched hereto and by eh is tefere^,c€ iecorporzted heref n. City, by uoi form rule adopted by the City Council of City, may from cfine to time durln3 tie Ce rm o.' this eon tr zct znd all rere wets thereof, edd to the 1is t ~+ of toxpatible uses •.:.*.ich shall b€ unifnrci ~throughnut the agrtcut to cal preserve in ~~ ch ich rt~he propai ty Ln Exh iS i[ B is located; praclded, however, City may not durf,p3 ~ V 'CS as~~ ter.. (~ IA '\~ °m Q;: GI+: ElEkHS QFcr ~+ISr- c ~ T ~ ~ Sfii,. j;;,;A i.A1~FC4P7R - moo, `" `i. ~ ~ ~Fol c F+ Q• NO mZi ~ ~~ F-a W' FEE ~K ` ,... . ~ ~ xj . eooK~7 ~~2. • the Corm of this contract or any renewal tUe roof, wi tiwut the prior written consent of Owner, rcapve eny of. the con:pat ible uses for the subject prvycr ty which are set forth in FrhibiC A. The prow isious of tt:is contract and any uniform rule sup pl cmenCing the list o£ cdmpat iblc uses arc not intended to limit or supersede the plam:ing and zoning powers of Ci[y. 3. TEP`i OF COYTXACT This contract shall becoe:e effective on'the date of a::ecu ti do and shall recta in 3n full force and effect for an initial tzrm of ten years. The inl.ti al term of ten years shall be measured cormencing as of the first day of January next succeed irg the date of .execution if the date of execution is batween :!arch 2 and December 31. The initial term of ten years shall be ce asure3 com^encing as of the first of January of the year of execution if the date of execution is between January 1 and Fiarch 1. Each succeed ing~first day of January shall be deemed to be the annual renewal date of this contract. This contract shall be reneo~ed on each succeeding January 1 and one add- itional ye Er shall be added automatically to the initial term unless notice of non- renewal is given as provided in k. NOTICE OF AOSItEX'ut•: A: (a) If either party desires is any ye es not to renew this contrae t, that party shall serve riritten notice of nonrenewal upon the other par ty.in aivance of the annual re Wesel date of this contract. Unless such written notice of nonrenewal is served Sy Owner at leaf SO days prior to the renewal date, or by City at least 60 days pricy to the renewal date, Chia eon tract shall 6e eons idered renewed es provided in paragraph 3 above. (b) If either party serves written notice of nonrenewal in any year within the time limits of (a) above, this contract shall remain in effect for the bzlance of the period remaining since the original execution or the last renewal of th is contrzc t, zs the case may be. . ~ 5. NO CO~~PE\S~TIOS ~ ' Qac:er shall not receive any payment frog City in consideration~~df'~theobliga- [ions inposed u^.der this contract, it being recognized and aoree3 that the con- . sfderation for the execution of this cen tr act is the substzntial benefit to be derived therefrom, znd the advantage that ^:ay accrue to .Owner as a result of the effect upon the assessed value of the property on account of the restr ic[ions on the use of tl:e property contained herein. 'i' ~ I i •i "T : . ~.~ .. ' ~~' ~ '. eooR 9697 rncf 513 6.' 30006'SSOIa Imo; IctTBitI:ST This contract and the res er fictions imposcd,hc re under shall be binding-upon, and insure to the benefit of, the successors in interns[ of [he Owner. Fllte never ary of the property described in ExhibiC E Ls divided, the owner .of any parcel may exercise, independent of any other owner of s portion of the divided property, any of tha rights of the owner in this Conti 2tt, 1UCLU~IR~ Che Lignl', t0 ~),VC notice of nonrenewal and to petition fur cancellation. The effect of any such action by the owner of a parcel created by .the division of land described in Exhibit B shall not' be imputed to the owners of the remaining parcels and shall t have no effect on this cener act as it applies to tha remaining parcels of Cke divided property, The territory described in Exhibit B is within one mile of the City of ~.11perS i,r^ on the date of execu ti on,of [his con trac e. The City of ~ySp~j^^ ~ did not protest the e>:ecution of this contract. 7. CANCELLATION This contract nay be cancelled and a cancellation fee imposed pursuant to the 8. NOTICES ~ . Ali no [ices required or permitted 6y this contract; including notice of a change of addres s,.,,shall be~in writing and given by personal delivery or sent by United States :iail sddress ed to the party intended to be notified. Notice shall b~e deemed given as of the date of delivery in person of as of the~date when deposited in any post office or any post office. box regularly maintained . by the United States Governr„ent. .: ~ Notice to the City shall be addressed; . City Clerk _.---- _.. _.-Gi6y ~~.Sarazoga __.. _ _ __ 13717 Frui [vale Avenue Saratoga, California 95070 • Notice to the Ownet shall be addresse3; Judge Marshall S.Hall •Name; c/o Superior Court House _•,~1=;-.. Address: 191 North First Street. •~ ;,;T'-w~.,., ~ City and State: San Jose, Ca. 951.23 - i~. ~~ -'~~N~,,,F,'1}'H'ESS kiLREOF the parties hereto have caused this contract to be Sez ~•~•;(by Q•nar on 1/19/72 _ and by City on , /19/72 __ ~>, ~ _ 2fAY0R ars B2 5. Ha ./ (owner) Helen U. Hall i I + . * vi~ - • ' • ~ . ~ • cow 96~? ,.~t 514 ~~ . EXHIBIT A LAND CONSERVATION CONTRACT ` COMYATIBLE'USES The following is a lint of land uses determined to be compatible with the agricultural use of the land subject to this agxeemen[, when established in accord with the zoning regulations applicable in the zoning district in I , which said land lies: 1. The drying, packing or other processing of. an agricultural. commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of anlmal oY vegetable matter. 2, Structures necessary and incidental to the agricultural use of the land. 3. The holding of nonproducing land for future agricultural use. preserving open space for recreation ~or plant or animal preserves. 5. Single family dwellings incidental to the agricultural use of the land for the reaid ence of the owner, and the family 'of the owner. ~'' Single family dwellings incidental to the agricultural use of the land for ~ ~, the residence ~of the lessee of the land.and the family of the lessee, JI Owner or lessee shall 6e construed to include: ~~ (e) stockholders in family corporations (b) beneficiaries of family Crusts and estates (e) owners of undivided partial interests in the fee 6. Dwellings for persona employed by owner or lessee in the agricultural use of the land. 7. Theeonstruction and maintenance of a stand or shelter for the sale of agricultural camnodities produced on the land. -. 8. The erection, construction, alteration or. maintenance of gas, electric, -~ ~ ~ j water or communication utility facilities in compliance with Saratoga City Ordinance NS-3.20. ,.. ---_ _. .._. _ - _ ~ s • . ~ • ., . `' ; ~ ~ ~ ~a 9.67 PACE 515 9. Public or private fishing. 10. Public or private riding or hiking trails. 11. .Stables and the boarding of horses or other livestock but not in- eluding an animal hosp ital nor kernel. ' .. .r~ .r .. ~ z r .r S•. ,b ,~ _ } x ~~.7/ . 'v'i l• f... • • ~ gppil X697 Ph~E 516 • STATE OF CALIFORNIA' ~~ SS. i~ . COUNTY OF` SANTA CLAF.A) ~ ~ ~ ' On this 13th day of ngemher 1971 ,before me, Maxine ri. French , a Motary Public in and fox said County and State, residing therein, duly eommiss- ' coned and sworn, personally appeared Marshall S. Hall~i Aelen U. Mallknw.•n - to su to be the person described in and whose name is subsuiSed to'the attached _ instrument, and acknowledged to me that thev executed the set. ' IN WITNESS TtESEREOF, I have hereunto set cry band and affixed my ofFicial seal, the day and year in this cer,tificata first above written. EaYl9Ml:fwf[:f:v,tn,.~::a:rR]i,41,[II C OF-j^LtL SEAL 5 !A. .;,.dE 41.'FRENCM ~ ~~ r:maxr e„[_r _ uurwxu gggg ""~ /mod-I' ~~-~'"'~~ ,xv"o ,u:u,u cn¢e ix nu ~ ~ Notary lublie in and for the ~. mui ~r or sxnra cuu Mr CocvN,tioq E,p:zv, f.7cy 16. 7977 County of Santa Clara, 6nunsumernuumu;,,[oazxuez.;uvzu,uuzu:' 'State OF Californi8 SLATE OF CALIFORNIA ) .: ~. ' ~ ~ ) SS. ' ~ COUNTY OP SluVTA CLARA } ~ ~ -~ ~ ' ' ~ .On this 10th dry of _ .rnn,.a ~. ~ 19 72 ,before me, - Duhl is in and fnr the nniA Cnnnw snd Unnn ,. zesidiwg therein, duly commissioned and swoin,,personally appeared ~ ' L ' ~ - _f1L;.r1ne w- Rnh1.1+,0 ,known to me Co be the Mayor of the City of Saratoga chat ' ~:.executed the within agreement and acknowledged to me that said Clty of Saratoga 'did execute the same. ~ ~ ~ ~ ~ ." ~~ ~ ~ ~ IN 'WITNES3 WHEREOF, I have hereunto set my hand and •afftxad my offieal seal . . 'the day and year in this Certificate first above written. ~.' ~., ' ~ ~ ~ .NOTAYY PUBLIC in and for said ' ~ ~ ~ ~ County and State ~ - ' [ruquumnw:nuam4vzww,wouomiu,a - ' O4FICIAL 9fiAL ' ' Ky Commission Expires May 26; 1973 ~ r ~ MAX~NE ~~~~E ~C„u ~~~ '~ xoranr, w[uc - u ' Y4:xnNL pixC1 In' x[~ ' C~ Of la:tf.1 C.L'4. . . ~ ~ MI tamJ,Yan Fsq;rt, A>•r ~16, IF73 pnaaa,[amnn[rtv[[m$'NO•- R•:-'rq."'::.r1~ . ' - ~ .. ~ - ~ ' - .. r S _ . J•/f , ., <. ? f. a ' ; ~: F,7DIIBIT "B" PARC£.L ONE: .. .. - ~~ Bt~1~°~' I~E517 SEGISNING at a point on the-Eastline of Section 35, Township 7~ . south, Range 2 ieest, td.D,h:., distant therFCn 345.50 feet South ~ ~~. from the cormon corner for Sections 25, 2E, 35 and 35, said hOltit of beginni.nq being at the Ir'orthei:st corner of Parcel 1 of the lands. "conveyed by Deed to }larshall S. Flail, dated December 27, 1948 and recorded Decenber 2., 1948 in Eool: 172$. of.officiai Records, at page 8, Santa C].ara County P,ocords; thence South along the East line of Section 35 and the Easterly line of said Parcel 1 to the }•?orthwest ~. corner of that certain 3.75 acre tract of land described as Parcel 2 in the Deed to ~farsl:all S, Hall i:rreinaJ;ove referred to; thence leaving said Section line, D;arth 60°51'5D" East 399.96 feet; thence South 78°23'10" East 302.C7 feet to a 3/4 inch iron pine at the :7orth- hesterly corner of that cerain 0.988 acre parcel of land descriLed in the Deed from Felix Chilton, et ux, to Gerda Godon, recorded August 3, 1943 in Boo Y. 1156 of Official Records, at page 120, Santa Clara County " Records: thence along the t•;esterly line of said 0.9ER acre parcel South 1°27' Nest 30,4E feet to a 3/4 inch iron ni.pe; thence leaving said last named line, Norti: 86°11'40" t9est 09.33 feet to a 3/9 inch ir. on pipe; thence South 6G°09'40" t9e st 9.4.02 feet to a 3/4 incl: iron pipe; thence South 29°34'40" F;est 127.02 fret to a 3/4 inch iron pipe; thence South 20°52'56" P:e st 166.02 feet to a 3/4 ine}; iron pine set at t}te ~3Fa ~ m:ost corner of Parcel 2, as said Parcel. is ~showm anon that eertai;: Santa Clara County P.ecord^,; thence along the Soutl:o:eaterly line of said Parcel 2, South 6~°4G'5D" East 63,32 feat to a 3/4 incl: iron pipe; thence leaving the Savthssesterly line of said Parcel hlap, Sovtti 3°51'21" East 116.90 feet; thence South E3°55'29" East QE.41 feet; thence t7orth E7° 35'39" cEast 127.50 feet; thence :tort!: 78°30'52" £ast 131.48 feet; t}:ence tvorth~E9°50' East 9.71 feet to the Sout7teast corner of that certain 0.343 acre parcel of land describe3 in the Deed to O'.arshnli 5. }tall, et ux, • recorded on October 10, 19f,E, in~BOOIc 8292, Official Records, at Hare 446, Santa Clara County Records; thence South 5°00' Y;est 92.40 feet; thence test 135.96 feet; thence South '45°35' T:'est 12,00 feet; thence 5outh.69°50' tVest 478.10 feet; thence tdorth 27°03' East 112.53 feet to a. point that bears `7orth 89°5 C' East 13.32 fort from the Southeasterly " corner of that certain 3,75 acre tract of land canve_vecl to tall herein- above mentioned; thence along said line Soutl: 89°50' F7est 150.34 feet to the South°+est corner of said 3,75 acre tract on the East Iine of said Section 35, T. 7 S. F., 2, tV.,. FI.D.bf., hereinstwve referred to; thence along the Easterly line of said Section 35, P7or th 0°15' P7e st to the Southeas£"corner of a 30. acre tract of land described in toe Deed to -~•tmr-G-,-Cottcr~-et ux, recardedf:arc~_5,_1894 in Sao1: 169 of Deeds, at page 28, Sarta Clara County Records; thence Piest nIOn~-fhc--Souti:-lire -- of said 30 acre tract parallel oiith the `:orth line of said Section 35 'for a distance of 1320 feat to tt:e.1/8 section line running t:orth and South through ti:r ;7ortheast 1/4 of s<ii.d Section 35; thence 7orth along said 1/8 section line 649.44 feet Lo the t7ort}n~rest corner of said Parcel 1'of the lands conveyed to hall he_reinabove referred to; thence East alon said Jtortherly line of said Parcel 1 for a distance of 1320 feet no-int~f"58R4'i'ttciira--and-~_:: ,-:,~.acti.oxiof._th_a mast 1/2 of the northeast 1/4 of Secti.ory 35 and a portion of the T•test i/Z of the t7orthr':est 1/4 of Section 36, T. 7 S, R. 2 t•I„ I?,D.B. & M. ... •• ,~ - - - r Y ~y ~ w. LAtID CIXQSRRVATICN CONTRACT . .. MAR®Ai.L' S. HALL AtR1 RRLEN U. BALL . ~q~~J ~ 1 ~1 1 1r S 1 .~ 1 1 ~~ ~ :`~. i S ~• •_~ i s •- RESOLUTION N0. 893 -.- RESOLUTION OF THE COUNCIL OF THE CITY OF SARATOGA CERTIFYING•TO THE COUNTY AUDITOR OF SANTA CLARA COUNTY THE AMOUP7T OF CANCELLATION FEE TO BE PAID UPON CAN- - CELLATION OF A LAND CONSERVATION CONTRACT, GIVING - TENTATIVE APPROVAL TO SUCH CANCELLATION, PRESCRIBING - .`i • THE CONDITIONS UPON WHICH THIS RESOLUTION WILL BE •-:'~ EFFECTIVE, DIRECTING THE CLERK TO RECORD A'CERTIFICATE •,. RELATING TO SUCH CANCELLATION FEE WHEN SUCH RESOLUTION -: IS EFFECTIVE, REQUIRING PAYMENT IN FULL OF THE CAN- -. CELLATION FEE PRIOR TO THE CANCELLATION BECOMING EF- _ FECTIVE; AND PRESCRIBING OTHER CONDITIONS IN CONNECTION ! THEREWITH. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF - Pursuant to the California Land Conservation Act of 1965, this Council hereby finds and determines: 1. Marshall S. Hall and Helen U. Hal•1 as land- owners of the hereinafter described land have Heretofore, filed a petition with the Council for a cancellation, as to part of the land therein described, of a Land Oonservation Contract heretofore entered into with the County of Santa :Clara and recorded on February 9, 1972 in Book 9767, page 511 of Official Records of the Recorder of the County of Santa Clara, State of California. 2. The land described in said petition and Contract is all that real property in the City of Saratoga; County of _~a Clara; Stake bf- ~al~o=nia; which is deco=bed on Ex- _ hibit "A" attached to and hereby incorporated into this • Resolution. 3. The City Clerk has caused notice of a public hearing on said petition to be given and published in the manner and within the time required by law. 4. This Council, at the place and time mentioned in such notice or to which the hearing shall have been con- tinued, has held a public hearing on such petition and any protest of such cancellation and has received evidence oral and documentary thereon. . ... -1- ic" ~ . '~ i ~ ~.~ . -~ 5. Prior to any action of the Council herein giving tentative approval herein to cancellation of said ` ~ contract, the County Assessor of the County of Santa Clara ' " "_~`- ~ certified to this Council that the cancellation valuation of •, -- the land describ ed in said petition .for the purpose of _ determining the cancellation fee is $18,040.50. _ i • NOW, THEREFORE, pursuant to said Land Conservation - ' i Act of 1965, ,_ A. The Council hereby determines, and certifies ~'~:•. I •"•'~~`" to the County Auditor of the County of Santa Clara, Szate of ~~`•~~'`" California, that the amount with the landowners Marshall S. Hall ;~`;..~ and Helen U. Hall must pay the County Treasurer as deferred ~ ..-•,,=;.•: i taxes upon cancellation of the aforesaid Contract is $9,020.25. : `i - ; '*r B. The Council hereby determines that the cancel- ~'`~'~'::: ' ~ lation of the aforementioned Land Conservation Contract is not ' -i - Conservation Act of 1965, and the cancellation of such contract is in the public interest based on the following findings, and so long as the following is accomplished prior to cancellation being final: 1. Provides, with the removal of three lots (27,28,30) on approved Tentative - Map (SD-1339), dated August, 1978, for the protection and enhancement of the scenic beauty of the eucalyptus grove and knoll for all of Saratoga, providing - for permanent open space, as opposed to .-temporary open space, and revision of map ' ,. as per attached Exhibit "A". 2,__ Provides-for the removal- of r6ad fxom-tTie • -- front of the hill to a single road on the rear of the hill, and revision of map as _ ~ per Exhibit "A". - 3. Provides for the future public improvement of culverts on the Calabazas Creek by the payment to City of an amount equal to $ 1 300 per acre for the acreage - be ng wit raven to be held by City in a - special fund for use in storm facility improvements on Calabazas Creek in the vicinity of Saratoga-Sunnyvale Road. . t- `~% - .. _ , C. By reason of the foregoing,.thia Council here- ,i by gives tentative approval to the cancellation of the afore- .. mentioned Contract, subject, however, to the following . '• ~t'~• ~ condition: -~ _. _ ~; -~,, Pursuant to Government Code Sec. 51283.3 (a) this Council hereby requires payment in full of the cancellation fee of $9,020.25 from Marshall S. Hall and Helen iJ~A-II; as land- owners, prior to the cancellation herein becoming effective, and until such payment in full is made, the cancellation of such . Contract shall not be effective; and further, in the event such cancellation fee is sot paid within 180 days from the date this resolution is adopted (unless within such 180 days, such time is further extended by resolution or other act of the Council),the provisions of this resolution and the e cance ation herein shall .thereupon be null and void in their entirety and such petition shall thereupon be deemed denied by this Council without prejudice. <. D. The City Clerk is hereby directed to record the certificate and notice of cancellation provided in Government _ .. Code Sec: 51283.3, specifying however that such cancellation shall not take effect and become final u~leas and until the requisite cancellation fee and Calabazas Creek flood improvement _~- fee are paid in full, and said modifications to the approved Tentative Map. (SD-1339) above set forth, are accomplished. . ...- E. Upon payment of the cancellation fee herein -- ... ` provided, and in the event the cancellation fee of $9,020.25 •: is. not paid in full within. 180 days from the date_th~ - --: resortion is-adopted or within such time as is further :. extended by resolution or other act of the Council, the City `::~ Clerk shall record with the County Recorder, pursuant to law, ':":.` ~'a written certificate of the release of the lien of such °~"'` ' ...cancellation fee. ADOPTED this 7th day of February 1979, by the following vote: AYES: Councilmen Kraus, Corr, Matteoni & Kalb NOES: Councilwom "- "-- ,~::., ABSENT: None :~'~ ~' ATTES ~,' 1t~ AC CITY CLF -I -i i I • I SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 ORIGINATING DEPT: Comm lty Development PREPARED BY: AGENDA ITEM: /~~ CITY MA1~iAGER: ~ ~- DEPT HEAD: SUBJECT: Application 06-002 for General Plan Amendment and Rezoning in conjunction with a proposed Lot Line Adjustment -13425 I'Yuitvale Avenue (Redwood Middle School), 13998 and 14000 Shadow Oaks Way RECOMMENDED ACTIONS: Based on recommendations from the Planning Commission, Staff recommends that the City Council: (1) Approve the attached Resolution redesignating a 16,719 squaze feet portion of property at 13425 Fruitvale Avenue as Residential Low Density [RLD]; and (2) Approve the attached Ordinance rezoning the same 16,719 square feet portion of property ~- at 13425 Fruitvale Avenue as R-1-20,000. In accordance with this recommendation, Staff recommends that the City Council open the public hearing, accept public testimony on the Resolution and Ordinance, then close the public hearing, adopt the Resolution and introduce and waive the 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 applicants request a recommendation of approval of a General Plan Amendment, Rezoning and Lot Line Adjustment. Saratoga Union School District proposes to transfer 9,851 squaze feet of its property at Redwood Middle School to a residential property at 13998 Shadow Oaks Way, and 6,868 square feet of its property to the neighboring residential property at 14000 Shadow Oaks Way. The portion of school property being transferred to the two residential lots is situated at the southwest side of the school site. This portion of property is traversed by Wildcat Creek, and is not used by the school for any purpose. The two residential property owners, Mehra and Nazayan, would like to add this unused portion of land to their respective lots for maintenance purposes. The pazcel owned by the school district is in General Plan designation CFS (Community Facilities) and is zoned R-1-40,000. The two residential lots are in General Plan designation ~.-. RLD (Residential Low Density) and are in the R-1-20,000 zoning district. All three parcels would remain in the same General Plan and zoning designations. However, a General Plan Amendment and Rezoning aze required for approval of this application so that the General Plan and zoning designation boundaries are consistent with the new proposed lot lines of the three parcels. Once the General Plan Amendment and Rezoning have been approved, Staff will approve the Lot Line adjustment administratively. The following is a summary of the existing and proposed designations. General Plan Amendment and Rezoning Summary ExrsTINGZONING: R-1-40,000 PROPOSED ZONING: R-1-20,000 EXISTING GENERAL PLAN DESIGNATION: CFS (Community Facilities) PROPOSED GENERAL PLAN DESIGNATION: RLD (Residential Low DenSlty) MEASURE G: Not applicable. PARCEL SIZE: 16,719 squaze feet (southwestern portion of pazcel 397-30-060 at 13425 Fruitvale Ave.) DISCUSSION: The Saratoga Union School District owns parcel 397-30-060, which is the site of Redwood Middle School. Approximately 16,719 squaze feet of this 17.81 acre pazcel is located adjacent to ""~ Wildcat Creek, abutting 13998 and 14000 Shadow Oaks Way. The school district has agreed to transfer this piece of property because it is sepazated from the remainder of the school site by Wildcat Creek and therefore is not used by the school for any purpose. Maintenance of this portion of land has been a topic of concern among the property owners of 13998 and 14000 Shadow Oaks Way and the School District. The proposed lot line will be immediately adjacent to the northern creek bank, and the actual creek would remain on the school property. A pathway running adjacent to the western property line of 14000 Shadow Oaks Way connects to Redwood Middle School from Shadow Oaks Way and will not be disturbed by the proposed lot line adjustment. Also, there aze no trails on this piece of property that would be impacted by this proposal. Wildcat Creek is within the jurisdiction of the Santa Clara Valley Water District [SCVWD]. City Code Section 14-50.030 authorizes Staff to transmit this application to SCVWD for review and recommendations. The School District has akeady contacted SCVWD regazding the impending transfer of the subject portion of land. SCVWD has indicated to Staff that it is not interested in purchasing the subject portion of land. However, SCVWD is interested in obtaining an easement on the subject property, which Staff finds appropriate since SCVWD currently has easements upstream and downstream adjacent to the subject site. A final determination on a requested easement is forthcoming form the SCVWD and its recommendations will be incorporated in the administrative approval of the lot line adjustment. Also important to note is that anyone proposing to do any type of work within 50 feet of a watercourse under the jurisdiction of the SCVWD is required to obtain a permit from the agency. As an example, the applicants would require a permit from the SCV WD if they wanted to install a fence. Genera/Plan Conformance The following General Plan Policy is applicable t0 the pTOpOSCd TCaeS1g118hOll t~18f WOU~d be occurring prior to the proposed lot lone adjustment: Land Use Element Policy 4.2: `Non-residential development shall be confined to sites presently designated on the General Plan for non-residential uses. Existing non-residential zoning shall not be expanded nor new non-residential zoning districts added. " The land uses of the three properties would remain the same and would not be impacted as a result of the proposed lot line adjustment. The redesignation of the subject portion of land will slightly reduce the azea of the non-residentially designated school property that the school does not use for any purpose. The lot line adjustment is a sensible proposal where the new lot line will follow the geographical boundary created by Wildcat Creek. Zoning Regulations The portion of the site affected by this rezoning is currently zoned R-1-40,000 (Very Low Density Residential) while the two single- family residential properties aze zoned R-1-20,000 (Low Density Residential). The proposed General Plan Amendment and Rezoning would allow the subject pazcels to develop under one single land use designation and corresponding zoning designation. 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 regulaz meeting of November 9, 2005. There was no public testimony in opposition of the proposed amendment and rezoning. The Planning Commission voted unanimously to recommend approval of the proposed amendment and rezoning to the City Council. PUBLIC NOTICING AND CONTACT: Staff sent notices for this hearing to all property owners within 500 feet of the subject properties. Notice of this hearing was also advertised in the November 23, 2005 issue of the Saratoga News. Staff has not received any written comments on this application as of the writing of this report. 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 chazged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Staff would not be able to proceed with the administrative approval of the lot line adjustment. ALTERNATIVES: Deny the attached resolutions. FOLLOW-UP ACTIONS: Adopt ordinance by consent calendar action at the next City Council meeting. 1. Resolution of Approval of General Plan Amendment 2. Ordinance for Rezoning 3. Planning Commission Minutes -November 9, 2005 4. Site Plan -Exhibit A Attachment 1 RESOLUTION 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 397-30-060 FROM COMMUNITY FACILITIES [CFSj TO RESIDENTIAL LOW DENSITY [RLDj WHEREAS, an application was made to the City of Saratoga under the Subdivision Map Act of the State of Califomia and under the Subdivision Ordinance of the City of Saratoga, for a Lot Line Adjustment to modify the lot lines between three parcels (APN 397-34-006, 397-34- 007 and 397-30-060), all as more particularly set forth in Planning Department File No. 06-002 of this City; and, WHEREAS, an application was made to the City of Saratoga for an amendment of the General Plan Land Use Map to redesignate approximately 16,719 squaze feet in the southwest portion of parcel APN 397-30-060 (as to be modified by the aforesaid proposed Lot Line Adjustment) from Community Facilities to Low Density Residential to conform with the existing single family residential designation of the two parcels (APN 397-34-006 and 007} described in t U•,.•. n s'!„....~;$tAgaappliCat}E~06-OA2;$nd, _ 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 is exempt finm 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 not result in significant development on any one of the three pazcels; and WHEREAS, the City Council has determined that the General Plan Land Use Map needs to reflect and be consistent with the Low Density Residential land use designation of the neighborhood along Shadow Oaks Way; and WHEREAS, the City Council finds that the proposed General Plan amendment is consistent with land use goals and policies of the General Plan in that the following General Plan Policy is applicable to the proposed redesignation that would be occurring prior to the proposed lot line adjustment: Land Use Element Policy 4.2: "Non-residential development shall be confined to sites presently designated on the General Plan for non-residential uses. Existing non-residential zoning shall not be expanded nor new non-residential zoning districts added " The land uses of the three properties would remain the same and would not be impacted as a result of the proposed lot line adjustment. The redesignation of the subject portion of land will slightly reduce the azea of the non-residentially designated school property that the school does not use for any purpose. The lot line adjustment is a sensible proposal where the new lot line will follow the geographical boundary created by Wildcat Creek. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the City of Sazatoga General Plan Land Use Map by changing the land use designation of 16,719 squarc feet in the southwest portion of parcel APN 397-30-060 from Community Facilities [CFS] to Residential Low Density [RLD], as shown in Exhibit A (attached) PASSED AND ADOPTED by the Sazatoga City Council, State of California, the 7`" day of December 2005 by the following roll call vote: AYES: NOES: ABSTAIN: Approved: Mayor ATTEST: City Clerk Attachment 2 ORDINANCE NO. i AN ORDINANCE OF THE CITY OF SARATOGA REZONING CERTAIN TERRITORY OF THE CITYOF SARATOGA, AND AMENDING THE ZONING MAP FOR A PORTION OF APN 397-30.060 CURRENTLY OWNED BY THE SARATOGA UNION SCHOOL DISTRICT The City Council of the City of Saratoga does ordain as follows: Section 1. Findines. The City Council finds and declazes as follows: A. The City of Sazatoga General Plan Land Use Map has been amended to redesignate approximately 16,719 squaze feet in the southwest portion of pazcel APN 397-30-060 from Community Facilities to Residential Low Density, as described in attached Bzfiihit A ~ and B. As demonstrated by the materials in Community Development Department File No. 06-002, the redesignation and rezoning are 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 shaze 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_M_p Amendment. Pursuant to Section 15-85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is hereby amended by reclassifying the approximately 16,719 squaze feet portion of Parcel APN 397-30-060 in accordance with Exhibit "A" attached hereto and made a part hereof, by rezoning the site from R-1-40,000 to R-1-20,000. 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 regulaz meeting of the City Council of the City of Saratoga held on the 7th day of December, 2005, and was adopted by the following vote following a second reading on the 21st day of December 2005: AYES: NOES: ABSENT: ABSTAIN: Approved: Norman Kline, Mayor ATTEST: City Clerk Attachment 3 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, November 9, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Nagpal called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop Absent: Commissioner Uhl Staff: Director John Livingstone, Associate Planner Lata Vasudevan, Associate Planner Therese Schmidt and Planning Intern Suzanne Thomas PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of October 26, 2005. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission minutes of the regular meeting of October 26, 2005, were adopted with corrections to pages 11, 12, 17, 29 and 31. (5-0-1-1; Commissioner Uhl was absent and Commissioner Kundtz abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 3, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.J0.050(b). CONSENT CALENDAR There were no Consent Calendar Items. Planning Commission Minutes for November 9, 2005 Page 9 Stressed the importance of compromise here where privacy concerns have been raised. Chair Nagpal: Said she agrees with some points made and disagrees with others. Stated her concern that newer homes should not be held to a different standard. They should be held up to the same Design Review criteria penalized for being new and held to a higher standard. • Said that the key issue here is whether the proposed unreasonable. Are windows needed here? • Agreed that homes are close together in this neighborhood as anyone else without being placement of windows here is and she puts her drapes down at home for privacy. • Said that she supports this application and in the interest of compromise can support Option A. • Stated that the four other alternatives look odd. They are not consistent or proportional. • Added that she is not in support of the use of obscured glass and is against having the Planning Commission impose a condition to file a formal legal agreement with the neighbors. • Said that she can support Option A or staffs recommendation. • Stated that thlc is a touch decision but bacad anon a variety of criteria shP dose not fPPI __ _ that this request unreasonably interferes with privacy. Commissioner Rodgers reminded that both sides negotiated privately and that good faith negotiation is not a consideration in our findings. Commissioner Hunter said that six-foot windows on a second story are large. Chair Nagpal said she was not clear the size of the two windows for Option A. Commissioner Cappello said that they are four feet by four feet. Motion: Upon motion of Commissioner Cappello, seconded Schallop, the Planning Commission granted Design (Application #05-123) with window design Option A for residence on property located at 20283 La Palom following roll call vote: AYES: Cappello, Nagpal, Rodgers and Schallop NOES: Hunter and Kundtz ABSENT: Uhl ABSTAIN: None ... PUBLIC HEARING -ITEM NO. 2 by Commissioner Review Approval a new single family a Avenue, by the C.7 rfUlLVaIY AVr11YC ~ Ifl Gfll\A. 1\f11\I1 ~ /~~~ R vru ~r~ ~ vvr~ vrvv.- The applicants request a recommendation of approval of a General Plan Planning Commission Minutes for November 9, 2005 Page 10 Amendment, Rezoning and Lot Line Adjustment. Saratoga Union School District proposes to transfer 9,851 square feet of its property at Redwood Middle School to a tosthennei hboriny at 13998 Shadow Oaks Way and 6,868 square feet of its property 9 9 residential property at 14000 Shadow Oaks Way. The portion of school property being transferred to the two residential lots is situated on the opposite (north) side of Wildcat Creek and is not used by the school for any purpose. The two residential property OWners WOUId Ilke to add this unused portion of land to their respective lots for maintenance purposes. The parcel owned by the School District is in General Plan designation CFS (Community Facilities) and is zoned R-1-40,000. The two residential lots are in General Plan designation RLD (Residential Low Density) and are in the R-1-20,000 zoning district. All three parcels would remain in the same General Plan and zoning designations. However, a General Plan Amendment is required for approval of this application so that the General Plan and zoning designation boundaries are consistent with the new proposed lot lines of the three parcels. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: Advised that the applicants are seeking approval of a General Plan Amendment, Rezoning and a Lot Line Adjustment to allow the transfer of 9,851 square feet of property to 13,998 Shadow Oaks Way and 6,868 square feet of property to 14000 Shadow Oaks Way. • escn e e grope as emg oca a on a sou wes 3 ~_ a s as s e (Redwood). It is located on the other side of Wildcat Creek and is not being used by the school. • Said that the transfer of this school land to adjacent residential owners is proposed for maintenance purposes. • Explained that the entire Wildcat Creek portion of this land would continue to be located on school property. • Reported that the Santa Clara Valley Water District (SCVWD) is not interested in purchasing this land but might want to have an easement. • Said that staff has added a Condition of Approval requiring compliance with any SCVWD easement request. • Informed that any work that occurs within 50 feet of a watercourse. requires a permit from SCVWD. This work would include any fence installations. • Described the General Plan and Zoning designations for the three properties and explained that while all would remain the same, General Plan and Rezoning are required in order to retain consistency with the Lot Line Adjustment. • Reported that a Lot Line Adjustment would be processed through an Administrative process. Recommended that the Commission forward a recommendation to Council to approve the proposed General Plan Amendment and Rezoning for these parcels. Commissioner Hunter expressed her concerns about having three General Plan Amendments within a short time and asked how many are allowed per year. Director John Livingstone: • Replied that there will have been three this year with this one. Planning Commission Minutes for November 9, 2005 Paget 1 Said that General Plan Amendments are a tool available to staff to promote minor zoning changes and good land use planning techniques. They help eliminate inconsistencies between Zoning and General Plan designations. Said that this action would be correcting the General Ptan to match this proposed Lot Line Adjustment and is better for the future. Commissioner Hunter asked staff to further explain the SCVWD easement and whether that means that they would be responsible for the maintenance of that easement. Planner Lata Vasudevan said that SCVWD has existing easements up and down creeks but not on this land. They would maintain the creek for flood control purposes. She added that the School District would remain the owner of that section of Wildcat Creek. Commissioner Rodgers asked if the path leading to the street would be maintained by the school. Planner Lata Vasudevan replied yes, this Lot Line Adjustment does not affect the path. Chair Nagpal asked staff about the lot sizes for these two residential properties and whether i~ ron a w s rn _ - __ Planner Lata Vasudevan replied that they are 20,000 and 20,500 square feet in size respectively and each would be increased by approximately 9,000 square feet. As these parcels are zoned R-1-20,000, neither property would be large enough to be subdivided in this zoning district. Commissioner Hunter asked if the School District notified the public of its intent to sell. Planner Lata Vasudevan said that there is a long procedure for selling of surplus land but ft is not under the jurisdiction of City staff. Commissioner Rodgers asked if a finding is required that the health, safety and welfare of the community would be improved with this action. Planner Lata Vasudevan replied no. She said that the action required is that the Commission finds this application to be in compliance with the General Plan and forwards a recommendation to Council to take action on the General Plan Amendment and Rezoning. Commissioner Hunter asked staff why a Negative Declaration was not required. Planner Lata Vasudevan explained that there is a provision under CEQA that if there is no possible way of impact found, a Negative Declaration is not required. Commissioner Rodgers pointed out that per a School District report this property is seen as a nuisance. Director John Livingstone reiterated that just the findings in the draft Resolution are required. Page 12 Planning Commission Minutes for November 9, 2005 Chair Nagpal opened the Public Hearing for Agenda Item No. 2. Mr. Mehra, Applicant and Property Owner, 14000 Shadow Oaks Way, Saratoga: • Explained that he had discussed the nuisance conditions of this property located behind his with the School District. • Said that in April 2005, he signed a contract with the District for the purchase of this land. • Stated his intent is to fence the area as allowed and to preserve the old trees. • Said that the School wants to get rid of this surplus land. Mr. Narayan, Applicant and Property Owner, 13998 Shadow Oaks Way, Saratoga: • Expressed is support for this application. Chair Nagpal closed the Public Hearing for Agenda Item No. 2. Commissioner Cappello: • Said that this is a good project with the new owners fencing off the area and maintaining it. • Stated that this action will keep the area safe, keep children out of there and works out • Advised that he is supportive. Commissioner Hunter: • Said she has mixed feelings about a School District selling land. • Stressed the importance of creek maintenance and existing native landscaping along the creek. • Added that she would be supportive. Commissioner Rodgers said that she too supports this application and agrees with the need to maintain the native vegetation along the creek banks. Chair Nagpal reminded that these areas could not be cleared without the approval of SCVWD within 50 feet of the creek. Planner Lata Vasudevan agreed. Commissioner Rodgers said that this provision must be made clear to these owners. She said she is comfortable with the required findings and finds this a more practical solution for the School District who has to cross the creek to maintain this property. Commissioners Kundtz and Schallop agreed. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council to approve a proposed General Plan Amendment (Application #06- 002) for properties located at 13998 Shadow Oaks Way, 14000 Shadow Oaks Way and 13425 Fruitvale Avenue to facilitate the sale of surplus Planning Commission Minutes for November 9, 2005 Page 13 Saratoga Union. School District property located on the other side of Wildcat Creek from Redwood Middle School to the two adjacent residential property owners, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ABSTAIN: None Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, the Planning Commission forwarded a recommendation to Council to approve a proposed Rezoning (Application #06-002j for properties located at 13998 Shadow Oaks Way, 14000 Shadow Oaks Way and 13425 Fruitvale Avenue to facilitate the sale of surplus Saratoga Union School District property located on the other side of Wildcat Creek from Redwood Middle School to the two adjacent residential property owners, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop NOES: None ABSENT: Uhl ... PUBLIC HEARING -ITEM N0.3 rwr~,.v~• avv-,vv i.,a~-~,L-v ELI - ~7/~R/11VU'A TCUCKNICU GHUKGH 5(:HUVL 20390 Park Place. Saratoga: The applicant requests modification of plans that required the installation of an automatic gate at the Church parking lot access to SR-9 across from Oak Slreet. When originally planned, the parking lot was to allow traffic ingress directly from SR-9 and the gate was proposed to mitigate potential cut-through traffic into the neighborhood. However, as designed, traffic flows only in a one-way direction providing egress onto SR-9. (SUZANNE THOMAS) Planning Intern Suzanne Thomas presented the staff report as follows: • Stated that the applicants are seeking approval of a modification to an approval from November 6, 2002. • Said that at that time, the Fire District required the installation of an automatic gate. • Advised that the applicant is now seeking relief from that requirement. • Explained that at the time of approval, it was thought that the parking lot would be used as ingress from Highway 9 and might become apass-through for traffic. • Added that today it serves as only an exit from the site to Highway 9. There has been no significant cut-through traffic through this parking lot. • Informed that letters of support for the elimination of this gate have been received from the Fire District and from neighbors. No negative correspondence has been received. • Said that this gate was originally to prevent cut-through. Conditions have changed and this gate is no longer necessary. SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: O~~ `- ` ~' ) DEPT HEAD: PREPARED BY;--`' SUBJECT: Request for Council Agency Assignments and Adhoc Committees RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Each year in conjunction with the Council reorganization the City Council makes new outside agency and AdHoc Committee assignments. For your information I have attached Resolution 04-097 (Attachment A) and a brief informational summary about the various agencies. The following AdHoc Committees to be considered aze: City/School AdHoc, Kevin Moran AdHoc, V-ill e,~u ,t n e a Tra;t n~u _ Please review the attached information and submit assignment preferences to the Mayor by 5 p.m., December 14, 2005. The resolution of the final assignments will be brought back for .,_.. Council consideration on December 21, 2005. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council representatives to various agencies and Council liaison to various AdHoc Committees will remain the same as last yeaz. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send notice of appointment out to all agencies and AdHoc Liaisons. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Resolution 04-097 Attachment B -Informational Summary RESOLUTION N0.04-097 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA --~ APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC WHEREAS, the City Council reorganized on December 1, 2004, for the coming yeaz; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby appointed to the agencies AND adhoc committees named, through December 2005, or until replaced. Agency Councihnember Alternate Association of Ba Area Government Kin Waltonsmith Chamber of Commerce Kao Kline Coun Cities Association Le .Task Force Kline Kao Coun HCD Polic Committee Kao Kin Hakone Foundation Liaison Kin Kline KSAR Communi Access TV Boazd Waltonsmith Kin Libr Joint Powers Association Kline Waltonsmith Northern Central Flood Contra] Zone Adviso Boazd Waltonsmith Streit Peninsula Division, League of California Cities Kao Kline Recycling & Waste Reduction Commission of SCC Streit N/A Santa Claza County Valley Water Commission Streit Waltonsmith Santa Clara Coun Cities Association Kin Kline Santa Claza County Cities Association- Joint Economic Development Policy Committee JEDPC Kline King Santa Claza Coun Emer enc Council Kin Streit Sazato a Historic Foundation Waltonsmith Kao SASCC Kin Kao Sister Ci Liaison Waltonsmith Streit West Valley Solid Waste Joint Powers Association Streit Waltonsmith Valle Tran ortation Authori PAC West Valle Sanitation District West Valley Mayors and Managers Association Kline Streit King Kin Kao Kline Ci School AdHoc Streit Kin Villa a AdHoc Kline Kin DeAnza Trail AdHoc Kao Waltonsmith Kevin Moran Pazk AdHoc Streit 1(]]ISC Fire District Bound Dro AdHoc Waltonsmith Desi Review AdHoc Kline Streit The above and forgoiag resolution was passed and adopted by the Saratoga City Council at a regulaz meeting held on the 15th day of December, 2004, by the following vote: AYES: Councihnembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None Kathleen King, Mayor S. ity Clerk Saratoga Citv Council Committee/Agency Information Sheet Association of Bav Area Government (ABAGI ABAG is the Regional Planning Agency for the nine County Bay Areas. Executive Boazd meetings aze held quazterly, however a representative appointed by the Santa Clai'd Cities Association represents Saratoga along with other cities in Santa Clara County. The only meeting a Councilmember may actually need to attend is the annual General Assembly held in Oakland in the spring, date and time to be announced. Saratoga Chamber. of Commerce City Councihnember, City Manager or designee may serve as ex-officio member of the Chamber of Commerce Boazd. In 2006, meetings will be held on the third Wednesday of every month at noon. At the Saratoga Fire Station. The Task Force is an advisory body to the Cities Association which reviews pending state and federal legislation for potential impacts to cities. Occasionally, the Task Force will recommend positions for the Cities Association and individual City Councils to take on specific legislation. The Task Force usually meets five to six times a yeaz on the fourth Thursday ~F the month at 5.30 n m at the 4untlyvale City Hall Santa Clara County Housin¢ and Community Develonment (HCD) Council Committee The HCD Council Committee is comprised of local elected officials who review and recommend policies and priorities concenung the County's Housing & Community Development, and Community Development Block Grant Programs (CDGB) to the County Board of Supervisors. The Committee's meeting schedule varies, but it generally convenes six to eight times throughout the year at the offices of the County Housing Authority, 505 West Julian Street, San Jose. Santa Clara County Emergency Council (EPC) The EPC is comprised of City and County representatives who review and prioritize emergency planning efforts at the countywide level. The EPC meets quarterly at the County EOC usually on the third Thursday of the month at 12 noon. Hakone Foundation Board According to the Lease Agreement between the City of Sazatoga and the Hakone Foundation that was signed on October 18, 2000 two members of the City Council will serve on Hakone Boazd and one member of the City Council to serve on the Executive Committee of the Foundation. The Board meets third Monday of every month at 8:00 p.m. at the Cultural Exchange Center in the gazdens. I{SAR Community Access CATV Foundation Board One member of the City Council, along with the City Manager, represent the City on the community Access Television Board. Other Board members include one Trustee from the West Valley-Mission College District Board, one staff member from West Valley College, and three public members who must be Sazatoga residents and who are selected jointly by the Four City and College Board members. The CATV Board established policies and priorities for the management and operation of the local community access television station, which aze then implemented by the Community Access Coordinator. Currently, the Board meets on the second Thursday of every month at 12:00 p.m. at City Hall. Santa Clara County Library System Joint Powers Authority Board Each city, which is a JPA member, along with the County, has a representative on the JPA Board. Board members aze elected officials of the JPA member agencies. The Library JPA is the policy making and governing body of the County's library system, of which Sazatoga Community Library is a part. The Library JPA is currently meeting on a Santa Clara Water District North -Central Flood Control Zone Advisory Committee The Water District provides flood control activities throughout the county via five flood control zones which fund these activities through benefit-assessments levied against properties within each zone. The City of Saratoga is locates entirely within the North- Central Zone of the District, Each zone is served by an advisory committee of elected and appointed representatives of the cities within the zone. The purpose of the advisory committee is to formulate recommendations on flood control efforts within the zone to the Water District's Boazd of Directors. The North-Central FCZ Advisory Committee generally meets four times per yeaz in February, May, September, and November on Wednesdays at 11:30 a.m. at the ltinconada Water Treatment Plant on More Avenue in Los Gatos. League of California Cities Peninsula Division Sazatoga, by virtue of its location, is situated within the peninsula Division of the League of California Cities. The League serves to represent the interests of all California cities by advocating public policy at both the state and national levels. Official League policy is formulated through system of committees, departments and divisions, the latter of which is comprised of elected officials from each city within the division. The Peninsula Division of the League meets on an as-needed basis, generally several times each year, at a location usually within southern San Mateo County. 2 Santa Clara Vallev Water District Water Commission Similar to the Flood Control Zone Advisory Commtttees, the Water District's Water Commission advises the Water District Board on water supply issues in Santa Clara County. The Commission is mostly made up of elected official who represent the cities within the county, although staff members appointed by their City Councils represent some cities. The W ater Commission meets two or three tunes per year on W ednesday mornings at 9:00 a.m., also at the Rinconada Water Treatment Plant in Los Gatos. The Cities Association serves as a forum for the 15 cities within Santa Claza County to discuss issues of mutual concern. It is staffed by former Sazatoga councihnember and mayor Marty Clevenger, whose title is Executive Director. Each city is represented at meetings of the Cities Association by one city councilmember, and meeting aze held on the second Thursday of every month at 7:00 p.m. at Sunnyvale City hall. Occasionally, the Cities Association will convene as the City Selection Committee to perform certain statutory obligations relating to the appointment of city representatives to various county and regional bodies such as LAFCO, the Air District Boazd, ect., however no additional meeting result because of this. Caratnoa Area Ceninr ['nnrdinatin¢ CnLncil L.iaicnn_ One member of the City Council serves as liaison to the SASCC Boazd to maintain open communications between the City and SASCC. The Board meets on the third Monday every month at 9:30 a.m. at City Hall. Saratosa Sister Citv Committee Liaison One member of the City Council serves as liaison to the Sister City Committee, which meets the first Tuesday of every month at 7:00 p.m. usually at the Community Center. The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen Sazatoga's relationship with its sister, city, Muko-Shi, in Japan. West Vallev Solid Waste Joint Powers Authority This JPA consists of the west valley cities of Campbell, Los Gatos, Monte Sereno, and Sazatoga formed a JPA to coordinate efforts in carrying out solid waste collection and disposal activities, and in meeting the mandates of AB939, the States' Integrated Waste Management Act. Because the four cities have similaz demographics and aze served by the same solid waste hauler and disposal service, a coordinated approach to solid waste management in the west valley makes good sense. The JPA is served by an Executive Director who is a private consultant under contract and who has considerable expertise in the field of solid waste. One of their important functions the JPA performs each yeaz is the establishment of solid waste collection rates within each city. The JPA Board is composed of one councihnember from each of the four member agencies, and is cun•ently meeting on a quarterly basis, dates to be determined, typically starting at 5:00 p.m. at Monte Sereno City Hall. VLLYIN l.~M~r • r v The VTA PAC is one of several standing advisory committees to the VTA Board of Directors. Composed of elected official representing the cities through the County, the PAC makes recommendations to the VTA Boazd on issues of transportation planning and programming. The VTA PAC currently meets on the second Thursday of every month at 5:00 p.m. at the VTA offices on North First Street in San Jose. West Vallev Sanitation District The West Valley Sanitation District is governed by a five member boazd composed of one councihnember from each of the four west valley cities, and the 4`~ District County Supervisor. The Boazd meets on the second and fourth Wednesday of every month at 6:00 p.m. at the District's Office, 110 E Sunnyoaks Avenue in Campbell. Board members aze compensated $100 for each meeting attended. The Recycling and Waste Reduction Commission is the principal advisory body to city councils and the Board of Supervisors on countywide solid waste planning issues and the Countywide Integrated Waste Management Plan. The Commission meets on the 4`~ Wednesday of the month at 5:30 p.m., 1735 N. First Street, Suite 301. Ciri Council AdHoc Committees City/School AdHoc Committee Village AdHoc Committee DeAnza Trail AdHoc Kevin Moran Park AdHoc SARATOGA CITY COUNCIL MEETING DATE: December 7, 2005 AGENDA ITEM: ORIGINATING DEPT: Manager's Office CITY MANAGER: /'~j~ PREPARED BY: DEPT HEAD: ~~L~---~ Cathleen Boye Ci Clerk SUBJECT: City Council Retreat Topics RECOMMENDED ACTION: Informational only. REPORT SUMMARY: The annual City Council Retreat has been tentatively scheduled for either January 21, 2006 or February 4, 2006. In an effort to prepare for the retreat City staff is requesting that FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Prepare Retreat Agenda. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None