HomeMy WebLinkAbout01-18-2006 City Council Agenda Packet
CITY OF SARA TOGA
CITY COUNCIL
SITE VISIT AGENDA
JANUARY 17, 2006
3:00 P.M.
ROLL CALL
REPORT OF POSTING AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
January 12, 2006, 2004)
AGENDA
ADJOURNMENT
1. APPLICATION #04-379 (503-26-009) TRAN, 20840 Fourth Street
2. Blaney Plaza - Corner of Big Basin and Highway 9
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
1, 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 January 12,
2006 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and
was available for public review at that location. The agenda is also available on the
City's website at www.saratOl!a.ca.us
Signe~7anuary 2006 at Saratoga, California.
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Cath!~eJlAloy~, CMC
City'.eler1l.
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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
JANUARY 18,2006
OPEN SESSION - 5: 30 P.M.
JOINT MEETING WITH THE TRAFFIC SAFETY COMMISSION
CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITV ALE AVENUE
Conference With Legal Counsel- Initiation of litigation (Gov't Code Section
54956.9(c): (lpotential case)
CALL MEETING TO ORDER - 6:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITV ALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
January 12, 2006)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Al!endized 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
Report from the Traffic Safety Commission.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
Free E-Waster recycling on January 28,2006 from 9 a.m. -1 p.m. at 41, Miles Avenue,
Los Gatos. Details at www,cleanwater.org.
CEREMONIAL ITEMS
lA. Proclamation Declaring the Week of January 29 - February 4,2006 as National
Catholic Schools Week
Recommended action:
Present proclamation.
lB. Commendation Honoring the Plumed Horse
Recommended action:
Present commendation.
SPECIAL PRESENTATIONS
2A. Santa Clara Valley Water District - Power Award Presentation
Director Greg Zlotnick
Recommended action:
Accept award.
2B. Auditor Presentation - Gary Caporicci
Recommended action:
Informational only.
2C. City of Saratoga Community Satisfaction Survey
Fairbank, Maslin, Maullin &Association
Recommended action:
Informational only.
2
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member, Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3A City Council Minutes - December 19, 2005
Recommended action:
Approve minutes.
3B. Review of Check Register
Recommended action:
Approve register.
3C. Treasurer's Report for the Month Ended November 2005
Recommended action:
Accept report.
3D. Zoning Text Amendment - to Relax Parking Requirements in CH-l and CH-2
Zoning Districts for a Period of Three Years -Second Reading and Adoption
Recommended action:
Grant the second reading and adopt the ordinance approving text amendment to
relax parking requirements in the CH-l and CH-2 Zoning Districts for a period of
three years.
3E. Adoption of Joint Powers Agreement with the Bay Area Employee Relation
Service (BARES)
Recommended action:
Authorize City Manager to execute a JP A to allow the City of Saratoga to
participate in the BAERS.
3F. DeAnza/PG&E Trail Funding Agreement with Valley Transportation Agency
(VTA)
Recommended action:
Authorize the City Manager to execute Cooperative Fund Transfer Agreement
with the VTA to enable the City to receive VTA funding for the Environmental
and Design Phase ofthe DeAnza Trail Project.
3G. Amendment to the Santa Clara Valley Urban Pollution Prevention Program
Agreement
Recommended action:
Authorize the City Manager to sign a Second Amendment to the MOU.
3H. Trails & Bikeways Maps for the City Website
Recommended action:
Approve the Heritage Loop Trail, Parker Ranch Trail and Bikeways Map for the
web site.
3
31. Joint Use Agreements with Santa Clara Valley Water District for Park Easement at
Gardiner Park and a portion of Saratoga Creek at Via Monte Drive
Recommended action:
Authorize the City Manager to execute following agreements with Santa Clara
Valley Water District:
1. Joint Use Agreement for Gardiner Park.
2. Joint Use Agreement for a Portion of Saratoga Creek at Via Monte Drive.
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 offive minutes
maximum for closing statements. Items requested for continuance are subject to
Council's approval at the Council meeting)
4. Design Review Application #04-379 - Appeal of a Denial by the Planning
Commission to Construct a new 2-Soty Single Family Residence located at 20840
Fourth Street
Recommended action:
Conduct Public Hearing and Approve the Design Review Application 04-379.
5. Resolution Ordering the Abatement of a Public Nuisance By Removal of
Hazardous Vegetation
Recommended action:
Open public hearing; close public hearing; adopt resolution.
OLD BUSINESS
6. Aloha Avenue/Highway 9 Intersection Safety Improvements
Recommended action:
Accept report and direct staffto implement permanent public safety improvements
to the AlohalHighway 9 intersection.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Norman Kline
Association of Bay Area Government
Chamber of Commerce
Library Joint Powers Association
Hakone Foundation
Santa Clara County Cities Association
Santa Clara County Emergency Preparedness Council
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
4
Vice Mavor Aileen Kao
County Cities Association Legislative Task Force
County HCD Policy Committee
SASCC
Councilmember Nick Streit
Recycling & Waste Reduction Commission of SCC
Santa Clara County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
Council member Ann Waltonsmith
KSAR Community Access TV Board
Northern Central Flood Control Zone Advisory Board
Saratoga Historic Foundation
Sister City Liaison
Councilmember Kathleen Kin!!
Association of Bay Area Government
Peninsula Division, League of California Cities
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Village AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
1, 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 22,
2005, City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public 'review.at thai lOCation. The agenda is also available on the City's website at
, .
HJW\v:sarato!!a. ca. us
/
Signed this 12'~riay of January 2006 at Saratoga, California.
Cathleen Boyiir, CMC
City Clerk"
5
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2/1
2/15
3/1
3/15
4/5
4/19
5/3
5/17
6/7
6/21
7/5
7/19
8/2
8/16
9/6
9/20
10/4
10/18
11/1
11/15
12/6
12/20
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2006
Regular Meeting - Joint Meeting Hakone Foundation
Regular Meeting - Joint Meeting with Youth Commission
Regular Meeting - Joint Meeting with Planning Commission
Regular Meeting - Joint Meeting with Chamber of Commerce
Regular Meeting - Joint meeting with Library Commission and Friends of
the Saratoga Libraries
Regular Meeting - Joint Meeting with SASCC
Regular Meeting - Joint meeting with Villa Montalvo and Mt. Winery
Regular Meeting
Regular Meeting - Joint Meeting with Planning Commission
Regular Meeting - Joint Meeting with Heritage Preservation Commission
and Historic Foundation
Regular Meeting
Regular Meeting
Regular Meeting
Sununer Recess
Regular Meeting - Joint Meeting with Plarming Cornmission
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting - Joint Meeting with Planning Commission - Council
Reorganization
Regular Meeting - Joint meeting with Heritage Preservation Commission
6
1.
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$ABATOGA CITY COUNCIL
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MEETING DATE: J"li8J')'18, ZOtki
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, 'AGENDA I1EM:
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Dan AlJd'..... City Mall....
PREPARED BY:
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SUBJECf: City~"'PI"'"
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RECOMMENDED AclU)N: '
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'Apptoveminutes.
,REPOBt.~Y:
Approve minutes assubrnitted tor the following City Council M~
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"1
,-" .
P9tl1!" MlIeIing - December 21, 2005
..
Jl'lSCAL IMPACTS:
NtA
, ,CONSEQ\JENCES OF NOT FOLLOWING RECOl\D1EN~'P.ACTlON:
N/A
ALTERNATIVE AcrION:
NtA
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTAct:
NlA
A:n~" S
" .' " .~. . ," -: -.
" " .' .
f' Attachment A - Minutes ~21,2005
',MlNUTES
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, SABATOOA cntCOUNCn..
DECEMBeR ii, Z005"
The City Council met in closed. Sessio~ in the A~trIinistrative.Conrerence Room, ,13777
Fruitvllle Avenue, at 6~30 p.m. " '
Existing Litigapon: In Re: Mic~lScc:>ttCosta (U.S. B~tey Court,
Northern Disttictof California(San Jose} Case No. OS-56()IlIlASW 7.)
MAYOR'S REPORIONCLOSED S~~ '
Mayor Kline reported \:here was ColUicil <liSCl1Ssi01'/. but noaetion ",as taken,
Mayor Kline calledth~ Regular City COlU1Cilm~ting to order at 7:00 p.m. and led the ,
Pledge of Allegiance. ' '
ROLL CALL
PRESENT: . . Counciimembers KatbleerrKing, Nick Streit, Ann W lIltonsmith,
'; Vice Mayor Ail~ KIlO, MayorNonnanl{line '
ABSENT:' None '
ALSO .' Dave Anderson, GitxMllJ18ger
PRESJOO': i. Rich;!rd 1'1Jc~1!>r, City.~~y
, . Cathleen Boyer, CitY ,CleriC "
, Michele Braucht, AdminIstrative Services Director
John Livingstone, CQmmumty Development Director
John Cherbone, Public Works Director
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REPORT OF CITY CLERK-ON PO$TmG of AGENDA FOR DECEMBER 21.
20~' '
Cathleen Boyer, City Clerk, reported that pursuantto Government Code Section 54954.2,
the agenda for the meeting of Deeernber 21,2005, was pwperly posted on December 15,
2005.
ORAL COMMUNIqATIONS,
The following people requested to speak at tonight's meeting:
Citizen Ray commentl!<i on the palm trees that were on the corner of Aloha Avenuelllid,
Highway 9. Citizen Ray pointed out ~t the branchesftequentlyfall from the palm trees
blocking the bike lanes; this ill turn forces the bik.toridem ~.street.
Citizen Ray also commented.onthe fact that theToWQ of Los Gaios was designated the
lead agency for the Hi$l1way9 Safety hnproveIilentProject.
"'"
COUNCIL DIRECTION TO STAFF
-
Responding to Citizen Ray's comments City Manager Anderson agreed that the branches
are a problem. City Manager Anderson pointed out that Highway 9 is a State highway
and they are responsible for its maintenance. City Manager Anderson noted that City ,
staff contacts the State but eventually they clean up the branches themselves.
In regards to the Highway 9 Safety Improvement Project, City Manager Anderson stated
that the City of Monte Sereno was still the lead agency but the Town of Los Gatos would
be in charge of the project engineering.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
/'""'.
Councilmember Waltonsmith noted that on January 28,2006 from 9 am - 1 pm the West
Valley Clean Water Program would be sponsoring a E-Waste recycling event at 41 Miles
A venue, Los Gatos.
CEREMONIAL ITEMS
lA. COMMENDATION - HONORING BONNIE STONE - OUTGOING
LIBRARY COMMISSIONER
STAFF RECOMMENDATION:
Present Commendation.
Mayor Kline read the commendation and presented it to Bonnie Stone.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. CITY COUNCIL MINUTES/SPECIAL MEETING - NOVEMBER 23, 2005
STAFF RECOMMENDATION:
Approve minutes
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STREIT/KlNG MOVED TO APPROVE MINUTES FROM NOVEMBER 23,
2005 - SPECIAL MEETING. MOTION PASSED 5-0.
2
2B. CITY COUNCIL MINUTES/CLOSED SESSION - NOVEMBER 23, 2005
STAFF RECOMMENDATION:
Approve minutes
...,
STREIT/KING MOVED TO APPROVE MINUTES FROM NOVEMBER 23,
2005 - CLOSED SESSION MEETING. MOTION PASSED 5-0.
2C. CITY COUNCIL MINUTES/SPECIAL MEETING - DECEMBER 6, 2005
STAFF RECOMMENDATION:
Approve minutes
STREIT/KlNG MOVED TO APPROVE MINUTES FROM DECEMBER 6.
~ MOTION PASSED 5-0.
2D. RESOLUTION CONFIRMING COUNCIL AGENCY AND ADHOC
APPOINTMENTS
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 05-077
Mayor Kline requested that item 2D be removed from the Consent Calendar.
Mayor Kline requested that following changes: replace King with Kline on the
Chamber of Commerce.
"'"
STREIT/W ALTONSMITH MOVED TO ADOPT RESOLUTION
CONFIRMING AGENCY/ADHOC ASSIGNMENTS AS AMENDED.
MOTION PASSED 5-0.
2E. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve register.
Vice Mayor Kao requested that item 2E be removed from the Consent Calendar.
Referring to page 4 of the check register, Vice Mayor Kao asked for an
explanation ofthe charges from Golden Bay Construction.
Administrative Services Director Braucht explained that Golden Bay
Construction
KAO/KlNG MOVED TO APPROVE CHECK REGISTER. MOTION
PASSED 5-0.
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2F. APPROVAL OF 2006 CITY COUNCIL MEETING CALENDAR
STAFF RECOMMENDATION:
_ Approve calendar.
Councilmember Waltonsmith requested that item 2F be removed from the
Consent Calendar.
Councilmember Waltonsmith noted that some of the commissions are frozen until
July 2006.
Mayor Kline requested that all joint mee5ings, except the ones scheduled with the
Plarming Commission be cancelled and the status ofthe cornmissions will be
discussed at the City Council retreat.
W ALTONSMITH/KAO MOVED TO APPROVE 2006 CALENDAR AS
AMENDED. MOTION PASSED 5-0.
2G. KSAR AGREEMENT
STAFF RECOMMENDATION:
Approve agreement and authorize City Manager to execute the same.
STREIT/KlNG MOVED TO APPROVE AGREEMENT AND AUTHORIZE
CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0.
-,
2H. APPLICATION 06-002: REZONING IN CONJUNCTION WITH A
PROPOSED LOT LINE ADJUSTMENT - 13425 FRUlTV ALE AVENUE
(REDWOOD MIDDLE SCHOOL), 13998 AND 14000 SHADOW OAKS
WAY - SECOND READING AND ADOPTION
STAFF RECOMMENDATION:
Grant the Second Reading and adopt the Ordinance approving the rezoning of a
portion of property located at 13425 Fruitvale Avenue as R-I-20,OOO
ORDINANCE: 239
STREIT/KlNG MOVED TO GRANT THE SECOND READING AND
ADOPT THE ORDINANCE APPROVING THE REZONING OF A
PORTION OF PROPERTY LOCATED AT 13425 FRUITV ALE AVENUE
AS R-I-20.000. MOTION PASSED 5-0.
21. MOTOR VEHICLE (MY) RESOLUTION PROHIBITING PARKING AT
ST. CHARLES STREET
STAFF RECOMMENDATION:
Adopt resolution.
-
, RESOLUTION: MV-239
STREIT/KlNG MOVED TO ADOPT MV RESOLUTION PROHIBITING
PARKING AT ST. CHARLES STREET. MOTION PASSED 5-0.
4
PUBLIC HEARINGS
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None
OLD BUSINESS
None
NEW BUSINESS
3. PROPOSED HERITAGE ORCHARD SIGN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Shweta Bhatt, Assistant Planner, presented staff report.
Planner Bhatt explained that the Historic Foundation proposed this request to the
Heritage Preservation Commission (HPC). On November 8, 2005 the HPC
reviewed and endorsed this proposal.
Planner Bhatt stated that the proposal includes two signs; one centered between
the library and Fruitvale Avenue and the other centered between the library
parking lot and the adjacent property on Saratoga Avenue. Each sign would be
four and one half feet high and fourteen feet wide. The language of the sign is
proposed to read: Saratoga Heritage Orchard - A Glimpse Of The Past-
Preserved For The Future.
,..,
Planner Bhatt explained the size and color of the lettering and stated that the HPC
recommended no illumination to be installed.
Nancy Anderson noted that she was a member of the Saratoga Historic
Foundation Board. Ms. Anderson thanked Planner Bhatt for her work on this
report. Ms. Anderson referred to a recent Letter to the Editor in the Saratoga
News. Ms. Anderson stated that the letter stated a false stated; ''The Heritage
orchard is a piece of unused land". Ms. Anderson noted that Mr. Heid
volunteered his services to design the signs and the Foundation would sell the
letters on the sign and take private donations to pay for it.
Councilmember Streit stated that the current sign says "Central Park - Heritage
Orchard. Councilmember Streit asked Ms. Anderson why "Central Park" was
left out.
Ms. Anderson stated that it's an orchard.
Councilmember Streit responded stating that it is the City's Central Park with an
orchard in the park.
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Warren Heid noted that he was a member of the first Heritage Preservation
Commission. When the Commission did the original inventory they designated it
as an orchard. Mr. Heid stated that the orchard is part of the City's heritage and it
needs to be preserved.
Referring to the City's Open Space Element in the General Plan, Councilmember
Waltonsmith pointed out that Hakone Gardens and the Heritage orchard are listed
as specialty parks.
Councilmember Waltonsmith asked Mr. Heid if the color of the letters were
against the redwood would be enough contrast.
Mr. Heid responded that if the redwood is not sealed it would eventually turn
gray.
Councilmember King asked if the proposed placement of the sign would be a
distraction to drivers.
Ms. Anderson stated that she didn't think it would be a safety hazard.
"'"'
Councilmember Streit stated that he was not in favor of the proposal if it didn't
include "Central Park". Councilmember Streit also noted that he didn't agree
with the proposed wording "Saratoga Heritage Orchard - A Glimpse Of The Past
- Preserved For The Future". Councilmember Streit stated that someday the use
of the Heritage Orchard would change. Councilmember Streit suggested that the
existing sign be refurbished.
Councilmember Waltonsmith stated that she disagreed with Councilmember
Streit. Councilmember Waltonsmith stated that the orchard is a Heritage Orchard
and a specialty park. Councilmember Waltonsmith stated that if the use changes
the sign can be taken down. Councilmember Waltonsmith noted that the orchard
needs its own sign saying Heritage Orchard - Central Park.
Mayor Kline noted that he is in favor of identifying it as the orchard but would
suggest the words be reversed saying Central Park - Heritage Orchard.
Vice Mayor Kao agreed with Mayor Kline to rephrase the wording on the signs.
Councilmember King stated that the orchard needs to be used not just looked at.
Councilmember King suggested identifying everything, the library, the park and
the orchard, in one sign
Mayor Kline noted that the Council already approved the sign for the Library.
Councilmember Streit stated the sign should read "Central Park" on the top and
"Heritage Orchard" on the underneath. Councilmember Streit stated that staff
should bring back the design.
-
KLINE/STREIT MOVED TO SUPPORT TWO SIGNS THAT WOULD
READ "SARATOGA CENTRAL PARK" ON THE TOP OF THE SIGN
AND "HERITAGE ORCHARD" UNDERNEATH USING THE SAME
SIZE SIGN AND SAME SIZE LETTERING. MOTION PASSED 5-0.
6
STREIT/KAO MOVED TO DIRECT STAFF TO BRING BACK A DESIGN
AT A FUTURE MEETING AND DIRECT STAFF TO LOOK AT COLR
OPTIONS FOR THE LETTERING. MOTION PASSED 5-0.
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4. USE OF MCWILLIAMS HOUSE
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 05-081
John Livingston, Community Development Director, presented staff report.
Director Livingstone explained the location of the McWilliams House and noted
that it has been vacant for several years pending its restoration. The Heritage
preservation Commission (HPC) is currently working on having the house placed
on the national Register of Historic Places. The City also received a $100,000
grant to restore the building by the Santa Clara County parks Department.
Director Livingstone stated that staff is recommending that the Council adopt the
attached resolution allowing the Saratoga Historic Foundation the use of the
McWilliams House as a museum.
Councilmember Streit asked who would be responsible for the maintenance.
Director Livingstone responded that the Foundation would be responsible for
the day to day maintenance and the long term,maintenance is the City's
responsibility.
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Councilmember Streit asked ifthere have been discussion with the Foundation
in regards to a sinking fund for maintenance.
Director Livingstone responded that he hasn't discussed a sinking fund with
the Foundation.
Councilmember Streit asked if there was a sunset clause in the proposed lease
agreement.
If directed by Council, Director Livingstone stated that it could be added to the
lease agreement
Mayor Kline stated that the resolution allows the use of the McWilliams House
as a museum but would the lease agreement come back to Council with
specific details.
Director Livingstone responded that staff could bring back the lease agreement
for review.
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Vice Mayor Kao stated that in the agreement with the County, it states that
space carmot be used as office space.
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Director Livingstone stated that he looked at the plans and this is no intent of
an office space is listed.
Councilmember Streit stated that the lease must have a sunset clause, a sinking
fund for maintenance, and the lease must have a defined purpose.
City Attorney Taylor suggested that the following be added to the resolution
after the following sentence: "The City of Saratoga City Council supports the
Saratoga Historic Foundations request to use the Historic McWilliams House
as a Museum. The City Council approves the request of the Foundation to use
the McWilliams House as a Museum subject to City Council reviews and
approval of lease agreement.
W ALTONSMITH/KAO MOVED TO ADOPT RESOLUTION
ALLOWING THE SARATOGA HISTORIC FOUNDATION TO USE
THE MCWILLIAMS HOUSE AS A MUSEUM INCLUDING'
ABOVEMENTIONED PROVISOS. MOTION PASSED 5-0.
5. TREE PRUNING AND LIGHTING PROJECT
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
"
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer explained that in 2001 the City implemented a decorative tree
lighting program in the Village. KC Enterprises were contracted to install
lights on 98 village trees located along Big Basin Way for a total cost of
$21,500. In 2003, due to budget constraints tree lights have not been repaired
or replaced.
City Clerk Boyer stated that most species of trees located in the Village should
be pruned about every three years. It has been approximately 3 years since the
last pruning was performed. Saratoga Tree Service has submitted a proposal of
$3,120 to prune and remove tree lights from trees along Big Basin Way.
City Clerk Boyer noted that KC Enterprises have submitted two options for
installation of new lights after the trees have been pruned. The first option is
to wrap the tree trunks with lights. The estimated price for installation and the
purchase of the lights is $13,720. The second option is to install the lights on
the limbs of the trees. The estimated price for installation and lights for this
option is $15,120.
,,-
City Clerk Boyer explained that Zone 7 of the Landscaping and Lighting
District has funded the cost of providing electricity for the decorative tree
lights along Big Basin Way, 3rd Street, 4th Street, and Highway 9 (Big Basin to
Oak Street).
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City Clerk Boyer noted that during the next Budget cycle staff will determine
the operating for costs of maintaining tree lights throughout the year. Funds for
tree pruning and the purchase of tree lighting are, available in the Capital
Improvement Plan Project - Village Tree Pruning and Lighting.
..,
A discussion took place in regards to the various options lighting the trees: trunk
only, trunk and partially up the branches, both the trunk and the canopy, and up
lighting (which could only be done when the sidewalks are redone)
City Council directed staff to contact the lighting contractor and look at the
various options and come up with something different. Also, staffwas directed
to consult with the new City Arborist on the best way to prune the trees in the
Village.
6. DOCUMENT IMAGING PROPOSAL
STAFF RECOMMENDATION:
Accept report and adopt budget resolution.
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer explained that in 1999 the City of Saratoga implemented a
program converting documents from paper to digital images and purchased
Laser Fiche, a retrieval system.
..,
City Clerk Boyer stated that for the past five years the City has been
successfully working with ECS Imaging Inc. ECS is a full service company
offering document scanning and indexing services. '
City Clerk Boyer stated that recently staff has been given direction to
undertake the Public Works Department records that date back to the 1950's.
ECS met with City staff earlier this week and submitted a proposal. The
estimates were prepared in a very limited time frame, but they are roughly
within 25% of the total costs.
City Clerk Boyer stated that ECS surveyed all documents in the Public Works
Department and submitted an estimated proposal in the amount of $112,776.
although there are still a few issues that may affect overall pricing such as:
actual quality and quantity of documents to be scanned, transportation costs,
back prep, x-large images, and document destruction.
Staff is recommending that Council adopt the attached budget resolution
appropriating $50,000, from the Unallocated Fund Balance, for the first phase
of the project. Also, City Clerk Boyer stated that staff is recornmending that
Council direct staff to prioritize the Public Works Department documents to be
scanned documents and return to Council at a later date with a phased scanning
project over the next two years.
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In regards to the project, Vice Mayor Kao asked if the City should solicit for
other bids.
r--
City Manager Anderson explained that for construction projects over certain
limits there are strict bidding requirements. For services the rules are
somewhat different because greater flexibility is required. For large jobs like
this we would probably get more than one quote. In imaging, we have tried
several different companies over the last five years that he has been with the
City. Many would scan documents and not reassemble them requiring us to
spend time doing that. Scan quality and error rates vary and the manual
indexing of documents (adding descriptive text) has either been missing or
wrong in some cases. ECS is one of the few companies whose quality control
has been very good. They are the V AR for the Laserfiche software product we
use for electronic document retrieval and are among the best in the industry.
City Manager Anderson explained have been a City Clerk in two different
Cities and have used the product for over 15 years. ECS has the best track
record in Northem California.
A discussion to place in regards to the merit ofthe project and City Attorney
Taylor advised the Council to go forward on the proposed project.
Consensus of the City Council to direct staff to collect two other proposals and
return to Council at a later date.
,-.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Norman Kline reported the following information:
Vallev Transportation Authoritv PAC - noted that he was running for Vice Chair.
Community Bus program in Los Gatos has been very successful and was looking forward
to a similar program in Saratoga.
Vice Mayor Aileen Kao has no reportable information.
Councilmember Nick Streit reported the following information:
Recvcling & Waste Reduction Commission of SCC -
Santa Clara Countv Vallev Water Commission - plant process conversion in the year
2012.
West Vallev Solid Waste Joint Powers Association - received 5 proposals for the West
Valley solid waste collection contract. The current provider, Waste Management did not
respond to the proposal properly, they were eliminated.
West Valley Sanitation District - Town of Los Gatos conversion is going smooth.
District hasn't received any complaints. ,
Councilmember Ann Waltonsmith had no reportable information.
r--
Councilmember Kathleen King reported the following information:
Hakone Foundation Liaison - attended the recent premiere of "Memoirs of a Geisha".
Sold out event and a very good movie
10
CITY COUNCIL ITEMS
Councilmember King requested that an agenda item be placed on a future meeting
concerning establishing sinking funds on City owned buildings.
-'
Councilmember Streit concurred.
OTHER
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business Mayor Kline adjourned the meeting 8:50 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
-
-
11
.
--
.J
S~~OOA CITY COlJNClL
)$ETlNG DATE: 0111812006
, ORIGINATING DEPT: Admin. ~VCS.
pQ'A,1tnllY: ~
, , " 'Usba'DhUlipala
AGENDA ITEM,:
~~
vb
DEPT HEAD:
'1:)'
S_<;rl Cheek .Regilter _01/1112086
".~',. ".,':
" I ... , ' ,. ;.. ::.~. ~';(;;
':/f
RECOMMENDED,A:C11ON:
. ',c- '. .' ", ..... ,<" ,'.. .": :"".
Thattl1eCnyCouncilac:eept8 theChd: Register for 0111112006,'
~T84JMMAR.Y:
.; .......
A~ istheChcok~ for OIJlIi2006. The checks were released on 01l12120q6. Payroll
checks were releaseddD:i!I2V200S. .' ' " .
Type ofCbecJts
~
P-"il},
l{llflOO6
,.l~S
',. mg
'~#
10113
, 3US
Endmg, Total
. ,Check# , ,.C~~,
101.201 . , '69
!1~-n
,.- ,
,~~
106,$i$1.
,'.'..' &\0',' '
H~' v..;...4
, '220.410.-65
The prior Cheek R.esisterfor12l201200Sended wi1i)ebeck Jl~ber 1 QlI3.. Check #lQ~074 and
#101094 were voided fOr the amO\ll1t$ $930.00 an<J. $3SS~OO d~, t6printer probietnS;' i" , ,
Following is a listofchc:cks issued for more than $10,000.00, and a, briefdeseriptij)nofthe
ex . tutes.
ChecU
101194 Shute,
J~to
8;Wein
F~ Dept
V8rlOUS VaiiouS
D.~. .,~,
.'...}N ", ' ,
MontJ1..Dec S 35,541.58
!Fund ~ Fund Descriotio'n ., AlP Tota\ ' PRTotal Total
001 General , 64,609.]6 25,358.38 89,967.54
150 Streets & Roads 2,930.71 . 15,188.92 18,119.63
201 Manor Dr. La.ScaD ,.16(J.00 . : 160.00
202 FredericksburlZe Land 266.00 266.00
203 Greenbriar LandSda6i: , (2QO.00) , (200.00'
209 McCartvViI LS 215.00 215.00
210 TriciaWds LS 75.00 , , " , ' 75.00
211 Arrovo De Sara LS 85.00 , 85.00
212 Leutar Court Landscane 85.00 , , 85.00
215 Bonnert Way LandscaDe 255.00 ' 255.00
216 BeauchamDsLandscane '" .. 85.00 , 85.00
217 Sunland Park Landscans 340.00 340.00
222 Prides Crossim! Landscane 450.00 450.00
224 ViIlalZe Comm LS 544;00 ,: ' 544.00
225 Saratoga Lel1:ends LandscDe (510;00) (51 0.00)
226 BelllZrove Lscane &. Lilzht 1,985.00 . " 1,985.00
227 Cnlllzhm/GlaslZowLs 145.00 . 145.00
228 Kerwin Rc LS ' " 340.00 ,340.00
229 Tollgate LS/ Litnl1: , 90.00 90.00
231 Horseshoe LS/Litnl1: . 320.00 320.00
250 Develooment Svcs, 13,26\.04 45.546.10 58,807.14
260 Environmental 9,370.94 5.282.2] 14,653.15
290 Recreation ' "4,399.70 17,868.34 22,268.04
291 Teen Services " ., '2$0:00 2,115.59 ' 2,965.59
352 Infrastructure ' . 'M8t39 1598.60 4,379.99
502 Information tech .,., -.., ,1.305:71 . 1,305.77
800 Denosit Al1:c'YFund , ,., l2HAlf) 3,213.80
,
, TOTAL , 106,85.2.51 113.558.14 220,410.65
\.-
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure-Approval List format.
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~TOOA CITYCOUNClt.
MEETING DATE:
laln1aJ:yl8, 2006
AGENDA ITEM:
..
==;,-65-~
/".,
Sl1B.JECr: Tretl$Drer'. ~rorthe l\fOnt'-EflCted NoventbeF 200S
-,.,....,-
RECOMMENDED AC:1ION
Th!rt the CityC1Nnci1 ~ the monthly Treasurer's Report.
REf()R.T S~1,'
Califol"l)ia govenunentClilde s'ecti.on 41 004reqmres that. the City. TreaslU'er (the MuniciJ)lil.Ct1de
of the City ofSllllI$o..,Artlcle 2-20, Seetion2-20.03S,~the City Manll8ei:>~c~~ity
TI'ClISUl'e.r)$lbtnit~the.City'C~a:nd the legisllllivebodya written report andacco~ Qfall
, ~ di~ts,llDd.ftlDdba1l1.t1ce$. .
41004. Regutarlr, at~. once eac:bmonth' the,city'~!shall: submittQt,be city
, clerk a written' toport,.and'8CCOunting of all receipt$,disbUrsem~, and f\1rKi.~s.
He shall file acOpywith1be~ b$ty.
A.dditionally with the~..{)f~tel'6ij1.S~of,~ (AD 943>omra).1tl'ective
]lI.t1~ I, 2001 citi~IItefM)W~uired tof~ ~~,es of their $e!:OndaDd fourth quarter
calendar year inv~J?PI1folioreports to the California ~ and lnvestJnent Advisory
Commission'(CDIAC)Witbin60days.
The COIAC will use tI1l:toport lIS .an additional opportunity to eXaJDine public UlYestment
practices in a more,consistCnt~is than berore.
Cities, such lIS, the City of SlIt8toga, that are 100 percent invested in the J;.ocal J\gcncYln'vestinent
Fund (LAIF) areexe~tftOJt1 the new Ulvestment pOrlfoJjo.~rting~~'Md!areonly
requited to send a ltrttetto CDIAC indicating the total andcqmpl)Sitii>not their illVe$tments.
This Treasmer'sRCJlOl1 wiUSatisfyourreportlQg reqlJirementto theCDIAC.
The following pages in~a~i provide various .firumcialtiata and analysis for tile' City of
SaratOga's Funds CQllectiv~,as well as SpecificallY for the City's Genera! (OperarlQg) Fund,
including an attachment, fi'om the ,State TreaslU'er's Office of Ql.Iarterly LAIF rates frOm the 151
Quarter of 1977 to present.
FISCAL IMPACTS
"
None
.,
CONSEQUENCESQf NOO'FOUl..DWINGRECOMMENDEJ> ACTION
The CityWIl not be in ~lUpliance with60vernmentCode Section ~3891 and Section 40804.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A - Cash and Investments by fund
B - Change in total fund balances by fund
C - Cash and Investnients by ClPproject
D- Change in total fund balances byCIP pt'(iject
E- Cash and Investments by Lighting and LandsclIJ>ing District
F- Change in total fund balances by Lightil18 and Landscaping Oistrict
G - Local Agency InvestmerttFund (LAIF)QulIrterlyApportionmcnt Rates
CC
cdiac_investments@treasurer.ca.gov (June & December reports only, within 60 calendar days)
ATTACHMENT A
CASH AND INVESTMENTS BALANCE BY FUND
As of November 30, 2005, the City had $62,525 in cash, $13,128,352 on deposit in LAIF and the
City's bond trustee held $332,069 in the City's name. The bank reconciliations are completed
thru the month of July 2005. The Council Policy on operating reserve funds adopted on April 20,
1994, states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled
cash from all funds should not be reduced below $2,000,000. The total pooled cash balance as of
November 30, 2005 is $13 190878 d d hr' . d
, , an excee s t e Imlt reqUIre .
Cash at Come rica Bank 62,525
Deposit with LAIF 13,128,352
Subtotal 13,190,878
Cash with Fiscal Agent 332,069
Total 13,522,947
The following table summarizes the City's total cash and Investment a ances JV un .
Cash & Investment
Fund Tvpes Fund Description Balance at Nov 2005
General General Fund $ 1,288.803
Designated Reserves:
Tree, Bench, & Plaque Dedication Program $ 6S0
Petty Cash $ 1.300
City's 50th Anniversary Celebration $ 20,000
Theater Ticket Surcharge $ 42.795
CIP (Refunded from RDA) $ 140,000
Economic Uncertainty $ 1.089,900
Operations $ 2,457.846
Special Revenue Supplemental Law Enforcement Services Fund $ -
Highway Users Gas Tax $ (31.524)
Landscape and Lighting $ (45,676)
Development Services $ 656,979
Designated Reserve:
Tree Preservation Ordinance 226 $ 181,654
Enviromental Programs $ 856.035
Development Fees $ 101,756
Community Development Block Grant $ (20,793)
SHARP loan $ 134,429
Recreation Services $ (112,683)
Teen Services $ (18.566)
CD Deposits - Arborist Reviews $ 203,015
PW Deposits - Geology Reviews $ 154,164
PW Deposits - Developer Fee (no interest) $ 115.090
CD Deposits - Planning Deposit Post 6/30/05 $ 91,043
PW Deposits - City Surveyor $ 10,570
CD Deposits - Planning Deposit Prior to 7/1/05 $ 698,527
Capital Project Park Development $ 116.542
Library Expansion $ 737.132
Public Safety $ 809.010
Infrastructure $ 2.683,446
Facility $ 184.050
Park and Trails $ 259.727
Debt Service Library Bond $ 227.756
Internal Service Equipment Replacement $ 50,000
Technology Replacement $ 150.467
Facility Improvement $ 50.000
Trust/Agency Leonard Road $ 28.923
KSAR - Community Access TV $ 59.649
Parking District #3 $ (181.139)
SaratoQa Public Financinq Authoritv $ 332.069
Total City $ 13522947
bib F d
ATTACHMENT B
CHANGES IN TOTAL FUND BALANCE
The following table presents the ending Fund Balances for the City's major fund types at
November 30,2005. This table excludes Trust and Agency funds where the City acts merely as a
third party custodian of an outside party's funds.
Uij/3u/u5
Fund 11130/05
Balance Incr/(Decr) Fund
Fund Description (Audited) Jul.oct Revenues Expenditures Transfers Balance
General
General Fund 1,616,436 (187,250) 842,868 (1,164,171) (300) 1,107,582
Designated Reserves:
Tree, Bench, & Plaque Dedication Program 650 650
Petty Cash 300 700 300 1,300
City's 50th Anniversary Celebration 20,000 20,000
Theater Ticket Surcharge 56,169 (13,374) 42,795
CIP (Refunded from RDA) 162,000 (22,000) 140,000
Economic Uncertainty 1,350,000 (260,100) 1,089,900
Operations 2,457,846 2,457,846
Special Revenue
Supplemental Law Enforcement Services Fund 100,000 (100,000)
Highway Users Gas Tax (73,842) 264,504 (65,426) 125,236
Landscape/Lighting Fd (to be allocated to each District) 75,891 (127,079) 15,996 (20,391) (55,582)
Development Services 342,123 433,841 207,984 (310,700) 673,248
Designated Reserve:
Tree Preservation Ordinance 226 161,654 20,000 181,654
Environmental Programs 898,658 51,140 29,739 (123,501) 856,037
CDBG (1,065) (6,114) (13,614) (20,793)
SHARP Loan 127,298 5,803 1,328 134,429
Recreation Services (88,908) 36,199 (70,760) (123,469)
Teen Services (13,137) 750 (6,179) (18,566)
Capital Project
Park Development 74,499 21,343 20,700 116,542
Library Expansion 766,145 4,925 6,063 (40,000) 737,133
Public Safety 748,686 39,853 (1,528) 22,000 809,010
Infrastructure 3,187,274 235,816 (739,644) 2,683,446
Facility 206,715 (22,615) (50) 184,050
Park and Trails 337,899 17,729 (4,767) 350,861
Debt Service
Library Bond 855,413 (1,002,602) 3,068 (144,121)
Internal Service Fund
Equipment Replacement 50,000 50,000
Technology Replacement 128,198 25,000 (2,731) 150,467
Facilitv Imnrovement 50,000 50,000
Total City 13,572,138 (738,221) 1,429,199 (2,663,462) 11,599,655
ATTACHMENT C
CASH AND INVESTMENTS BALANCES BY CIP PROJECT
The following table the details the cash balances for each project in the Public Safety,
Infrastructure, Facilitv, and Park and Trails Capital Improvement Project Funds.
Cash & Investment
Balance at Nav 2006
CIP Funds/Projects
Public Safety
Traffic Calming
Safe Routes to Schools
ADA Improvements (Hakone)
Highway 9 Traffic Signal Mod
Playground Safety
Herriman Avenue Traffic Signal
Verde Vista Lane
Kirkmont Drive Traffic Signal
Congress Springs Park Safety
4th Street Bridge
Sabey/Quito Traffic Improvement
Norton Rd Fire Access
Highway 9/0ak PI Pedestrian Signal
Sara-S'vale/Seagull Traffic Sign
Quito Road Bridge Replacement
Total Public Safety $
176.028
23.550
71.839
83,204
287.799
5.000
5.000
5.000
15,020
100,000
(95,303)
(6,500)
(126)
6,604
131,895
809.010
Infrastructure
Lynde Ave Drainage
EI Quito Area Curb Replacement
Village Streetscape Impv-Sidewalks
Village Streetscape Impv-Landscape
Storm Drain Upgrades
Median Repairs(Landscape/lrrig.)
Saratoga Ave. Medians@Library
Cox Ave Railroad Crossing Upgrade
Prospect Avenue Medians
Blaney Plaza Improvement
City Entrance Sign/Monument
Blaney Plaza Impv-Construction
Citywide Traffic Sign Upgrade
Saratoga-Sunnyvale/Gateway
EI Ca Grante/Mont Vista Storm Drain
Total Infrastructure $
(11,193)
500.000
756,000
137.098
1.862
(43,817)
150,000
327.865
25.000
(18.537)
(6.628)
17.968
386,172
317,538
146 097
2.683,445
Facility
WHH Improvements
Theater Roof
Civic Center Master Plan (Design)
North Campus/Prospect
Animal Control Facility
Civic Theater Reroof
Historical Park Fire Alarm System
Village Fac;:ade Mathching Fund
Book Go Round Repairs
Total Facility $
(47)
(3.822)
(1.087)
(621)
309,449
(41.855)
(882)
(43,760)
(33,326
184.050
Parks & Trails
EI Quito Improvements
Hakone Garden DIW
Azule Park
Heritage Orchard Improvements
Union Pacific Railroad (Deanza) Trail
Kevin Moran Improvements
ParkfTrail Repairs
Foothill School Field Impv
San Marcos Open Space Track
Odd Fellows Trails Dev
Total Parks & Trails $
356
194.497
3,576
15.282
(22.529)
(1,436)
954
(6,526)
17,054
60.500
259,727
Total CIP Funds
$
3.936.233
ATTACHMENTD
FUND BALANCES BY CIP PROJECT
The following table details the fund balances for each proje~t in the Public Safety, Infrastructure,
Facilitv, and Park and Trails Caoital ImDrovement Proiect Funds.
06/30/05
Fund 11/30/05
Balance Fund
CIP Funds/Projects /Audited' Revenues Exnenditures Transfers Balance
Public Safety
Traffic Calming 181.624 - (853) 180,771
Safe Routes to Schools 23.956 - - 23,956
ADA Improvements (Hakone) (1,175) 50,000 (25) 22,000 70,800
Highway 9 Traffic Signal Mod 83,204 - - 83,204
Playground Safety 287,799 - - 287,799
Herriman Avenue Traffic Signal 5,000 - - 5.000
Verde Vista Lane 5,000 - (49) 4,951
Kirkmant Drive Traffic Signal 5,000 - - 5,000
Congress Springs Park Safety 15,020 - - 15.020
4th Street Bridge 100,000 - - 100,000
Sabey/Quito Traffic Improvement (89,654) - (5.600) (95,254)
Norton Rd Fire Access (6,500) - - (6,500)
Highway S/Oak PI Pedestrian Signal (126) - - (126)
Sara-S'vale/Seagull Traffic Sign 6,604 - (4,109) 2,495
Quito Road Bridge Replacement 131894 - - 131894
Total Public Safety 747,646 50,000 (10.636) 22,000 809,010
Infrastructure -
Lynde Ave Drainage (11,193) - - (11,193)
El Quito Area Curb Replacement 500,000 - - 500,000
Village Streetscape Impv-Sidewalks 15,000 741,000 - 756.000
Village Streetscape Impv-Landscape 139.474 - (2.376) 137,098
Storm Drain Upgrades 49,108 - (47.255) 1,852
Median Repairs(Landscapellrrig.) (33,069) - (15,03,1) (48,100)
Saratoga Ave. Medians@Library 150,000 - - 150.000
Cox Ave Railroad Crossing Upgrade 319,725 - - 319.725
Prospect Avenue Medians 25,000 - - 25,000
Blaney Plaza Improvement (18,537) - - (18,537)
City Entrance Sign/Monument (8.628) - - (8,628)
Blaney Plaza Impv-Construction 17,968 - - 17,968
Citywide Traffic Sign Upgrade 386,172 - - 386,172
Saratoga-Sunnyvale/Gateway 1.510,158 - (1.180,166) 329.992
EI Ca Grante/Mont Vista Storm Drain 146,097 - - 146.097
Total Infrastructure 3,187,273 741,000 (1.244,828) - 2,683,445
Facility
WHH Improvements (47) - - (47)
Theater Roof (3.822) - - (3,822)
Civic Center Master Plan (Design) (1.087) - - (1,087)
North Campus/Prospect (553) - (68) (621)
Animal Control Facility 309,449 - - 309,449
Civic Theater Reroof (41,855) - - (41,855)
Historical Park Fire Alarm System (882) - - (882)
Village Facade Mathching Fund (21.16~~ - (22.596) (43,760)
Book Go Round Repairs (33,326 - - (33.326
Total Facility 206,715 - (22,665) - 184.050
Parks & Trails
EI Quito Improvements 91,490 - - 91,490
Hakone Garden DIW 194,583 - (86) 194,497
Azule Park 2,968 610 - 3,578
Heritage Orchard Improvements 15.282 - - 15.282
Union Pacific Railroad (Deanza) Trail (35,116) 17,120 (4.533) (22.529)
Kevin Moran Improvements (1,289) - (149) (1,438)
ParklTrail Repairs 954 - - 954
Foothill School Field Impv (8,528) - - (8.528)
San Marcos Open Space Track 17.054 - - 17.054
Odd Fellows Trails Dev 60,500 - - 60.500
Total Parks & Trails 337,900 17.729 (4,767) - 350.861
Total CIP Funds 4,479,534 808,729 (1282896\ 22.000 4.027 367
ATTACHMENT E
CASH AND INVESTMENTS BALANCES BY LIGHTING & LANDSCAPE DISTRICT
The following table the details the cash balances for each District in the Lighting and
Landscaping Fund. Beginning with Fiscal Year 2005-2006 each Lighting and Landscaping
District is being accounted for and reported as a separate fund. Staff is in the process of
reviewing the historical financial transactions of the Lighting and landscaping District and will
distribute the cash balance previous commingled in a single fund to each individual Lighting and
Landscaping District. Therefore, the various District funds currently have negative cash
balances.
Fund Descri tion
Landscape/Lighting Fd (to be allocated to each District)
Landscape/Lighting District - Manor Dr
Landscape/Lighting District - Fredericksburge
Landscape/Lighting District - Greenbriar
Landscape/Lighting District - Quito
Landscape/Lighting District- Azule
Landscape/Lighting District- Sarahills
Landscape/Lighting District- Village Lighting
Landscape/Lighting District- McCartysville
Landscape/Lighting District - Tricia Woods
Landscape/Lighting District - Arroyo De Saratoga
Landscape/Lighting District - Leutar Ct
Landscape/Lighting District - Bonnet Way
Landscape/Lighting District - Beauchamps
Landscape/Lighting District - Sun land Park
Landscape/Lighting District- Prides Crossing
Landscape/Lighting District- Village Lscape
Landscape/Lighting District- Saratoga Legends
Landscape/Lighting District- Bellgrove
Landscape/Lighting District - Cunningham/Glasgow
Landscape/Lighting District - Kerwin Ranch
Landscape/Lighting District - Tollgate
Landscape/Lighting District - Horseshoe
Landsca e/Li htin District - Gatewa
as
Investment
Balance at
Nov 2005
77,077
(1,445)
(3,247)
(6,257)
(3,420)
(2,283)
(1,623)
(1,917)
(2,870)
(1,358)
(8,105)
(686)
(3,587)
(4,234)
(7,036)
(23,770)
(19,817)
(2,646)
(18,325)
(1,057)
(1,900)
(2,386)
(4,216)
570
45,676
ATTACHMENT F
FUND BALANCES BY LIGHTING & LANDSCAPE DISTRICT
The following table the details the fund balances for each District in the Lighting and
Landscaping Fund. Beginning with Fiscal Year 2005-2006 each Lighting and Landscaping
District is being accounted for and reported as a separate fund. Staff is in the process of
reviewing the historical financial transactions of the Lighting and landscaping District and will
distribute the fund balance previous commingled in a single fund to each individual Lighting and
Landscaping District. Therefore, the various District funds currently have negative fund
balances.
Fund Descri tion
General
Landscape/Lighting Fd (to be allocated to each District)
Landscape/Lighting District - Manor Dr
Landscape/Lighting District - Fredericksburge
Landscape/Lighting District - Greenbriar
Landscape/Lighting District - Quito
Landscape/Lighting District - Azule
Landscape/Lighting District - Sarahills
Landscape/Lighting District - Village Lighting
Landscape/Lighting District - McCartysville
Landscape/Lighting District - T ricia Woods
Landscape/Lighting District. Arroyo De Saratoga
Landscape/Lighting District - Leutar Ct
Landscape/Lighting District - Bonnet Way
Landscape/Lighting District - Beauchamps
Landscape/Lighting District - Sunland Park
Landscape/Lighting District. Prides Crossing
Landscape/Lighting District. Village Lscape
Landscape/Lighting District - Saratoga Legends
Landscape/Lighting District - Bellgrove
Landscape/Lighting District - Cnningham/Glasgow
Landscape/Lighting District - Kerwin Ranch
Landscape/Lighting District - Tollgate
Landscape/Lighting District - Horseshoe
Landsca /Li htin District - Gatewa
T olal Ci
11/30/05
Fund
Revenues Ex enditures Transfers Balance
75,891 275
(1,642) 267
(3,259) 61
(5,879) 395
(7,573) 4,010
(3,314) 2,003
(1,533)
(6,701) 4,649
(2,686)
(1,326)
(6,645)
(680)
(3,561)
(4,200)
(6,668)
(23,242)
(20,107) 4,612
(2,045)
(18,269)
(948)
(1,497)
(2,285)
(2,533)
562
75,891 127,079 15,996
(147)
(235)
(1,175)
(1,584)
(1,330)
(227)
(1,776)
(288)
(52)
(1,799)
(25)
(114)
(153)
(799)
(2,388)
(4,730)
(633)
(259)
(176)
(438)
(233)
(1,796)
34
20,391
76,166
(1,523)
(3,433)
(6,660)
(5,147)
(2,640)
(1,761)
(3,829)
(2,974)
(1,377)
(8,644)
(705)
(3,675)
(4,352)
(7,467)
(25,631)
(20,225)
(2,678)
(18,528)
(1,124)
(1,935)
(2,518)
(4,329)
596
55,582
Phil Angelides, State Treasurer b
Inside the State Treasurer's Office .
LOCAL AGENCY INVESTMENT FUND
QUARTERLY APPORTIONMENT RATES
5.68 5.78 5.84 6.45
6.97 7.35 7.86 8.32
8.81 9.10 9.26 10.06
11.11 11.54 10.01 10.47
11.23 11.68 12.40 11.91
11.82 11.99 11.74 10.71
9.87 9.64 10.04 10.18
10.32 10.88 11.53 11.41
10.32 9.98 9.54 9.43
9.09 8.39 7.81 7.48
7.24 7.21 7.54 7.97
8.01 7.87 8.20 8.45
8.76 9.13 8.87 8.68
8.52 8.50 8.39 8.27
7.97 7.38 7.00 6.52
5.87 5.45 4.97 4.67
4.64 4.51 4.44 4.36
4.25 4.45 4.96 5.37
5.76 5.98 5.89 5.76
5.62 5.52 5.57 5.58
5.56 5.63 5.68 5.71
5.70 5.66 5.64 5.46
5.19 5.08 5.21 5.49
5.80 6.18 6.47 6.52
6.16 5.32 4.47 3.52
2.96 2.75 2.63 2.31
1.98 1.77 1.63 1.56
1.47 1.44 1.67 2.00
2.38 2.85 3.18
..
, SARATOGA. CITY COUNCIL ,
')D
. 6?J~ ~
ClTYMANAGE~&t a~:':
DEPT. BEAD: . '. '." "
',. ..--,", --,' ',','.':',_:,,:/,"::-:':,:-:':; ,":"
. .. f1~,:;, ~':~:>:~
"
AGENDA ITEM: '
MEETING DATE: J~"',~QOC1
-~ f1';-~'!; ,.'
ORlGINA'I1NGDtPT.: ~i~Qev..~t
.P....ARItD.y~~
SUBJECf: ZoDiaC Test Ameadment - To relax parkinc reqaireme*tlI ia. c.;.l,~ ($:2
ZoniD&~ferllP'riodoftll~yelU'l. .' "<.'
SeeoadP:~.. _Ad~ (CO~~ ITEM:)
"',_": .' "" _,_ "'_"._,_', ;....,..< """ ,_:_ ..,....,. ">.'..,,;,,..' :. :_0,::>::",-"
RECQMMENDAnON
Grant tb.eSecond Re'~~ ~pt the Ordinance approvin&the Zoni!18Text .~t to
relax parking requit.... in iheC}I-l andpH-2 Zcn!ingDis1rictll for a ~odoftbree)'el!l'S.'
BACKGROUND
QnJanuary 4, ~OO6,the C;ity9ouncil conducted apubljchClll'in8 .lII1d ~ the Z<n1ins Text
AulendIncmlWhich re1ax,eJpl!Jting.requirCments ,in, thll CH~1 .lII1d CH-~ ZOnin&. Districts for a'
period of three years. The CitY C91U1Cil voted to place this it~ ou consiFnt for a second reading
and adoption.
CORRESPONDENCE
No correspondence bas_reccivedonthismatter as oftJ1ewri~oft:1ps statfn:port.
A))VER1'I$ING, Non~G,ANJ)PUBJ,JC CONTAct
N/A
FISCAL IMPACTS
There are no nesativeiis<>>!limpl!.Ct$. This zoning text~ent ~y stimulate business
, activity in the Village thereby. increasing sales tax nwenue to the City. '
CONSEQUENCES O'N01; FOLI,.qWlNGREC()MMENJ)~D ACl10N(S)
The clIITent level of actiYityintheViUage will remain unchanged.
,
..
FOLLOW UP ACTlON(S)
.,
This ordinance or a comprehensive ~ thereof~hall be Pllblished iJ1 a newspaper of general
circulati~n of the City of Saratoga withintifleeDtdays ilfter itS 8dQption.
ALTERNATIVE ACTIONS
1. Leave the Zoning Ordinance as it is~t1Ywrittenl
2. Modify and adQpt the proposed Zoning1extAmendrltent.
ATTACHMENT
1. Ordinance adopting the proposed Zoning TextAmendtnent. .
ORDINANCE
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING PARKING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DQES ORDAIN AS FOLLOWS:
Section 1.
Findings.
The City Council finds and declares as follows:
a. The City of Saratoga's Village business district has long been recognized as an area that has
a mix of businesses that included cross section of retail, service, restaurant, and personal
service industries that contribute to our residents' quality oflife.
b. The City's Village Design Guidelines and Village Improvement Project both contain
numerous goals to create a vibrant downtown where the mix of retail and service based
businesses exist.
c. A nationwide economic recession has reduced the demand for many retail goods resulting in
retail business failures and increasing retail space vacancies in the Village.
d. There is surplus parking capacity in the Village and this capacity can be used to attract new
uses to the Village to promote a more diverse economic climate.
e. The General Plan designates the downtown Village area as CR - Retail Commercial. General
Plan Land Use Policy LU 7.1 states, "The City shall consider the economic impacts of all
land use decisions on the City." Accordingly, relaxing the parking requirements would
provide greater flexibility in attracting tenants and/or promote greater investment in
individual properties which would be consistent with Policy LU 7.1 and the City's goals to
revitalize the Village.
f. The Circulation and Scenic Highway Element of the General Plan states under Goal CI. 7 .Oa,
"Provide adequate parking for non-residential uses to minimize intrusion into adjacent
neighborhoods.' CI.7.1, states, "Review on-street parking policies and utilization in the
Village area" as a policy. The proposed amendment is consistent with the Circulation
Element of the General Plan in that the proposed amendment relies on a review of current
utilization of parking in the Village.
g. The City Council has adopted a resolution pursuant to the California Environmental Quality
Act (CEQA) adopting a Negative Declaration and finding no evidence that the amendments
contained in this ordinance may have a significant adverse effect on the environment.
1
Ordinance No.
.'
Section 2.
Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold italics
(example) and deleting the text shown in strikeout (e)(llffiille) in the sections listed below:
15-35.020 General requirements and regulations for off-street parking spaces.
(a) Except as specified in subparagraph (k) of this Section 15-35.030, at the time of initial
occupancy of a site or structure or at the time of an alteration or enlargement of a site or
structure, there shall be provided off-street parking spaces for automobiles in accord with the
schedule of off-street parking space requirements prescribed in Section 15-35.030. For the
purposes ofthis Section, the term "alteration or enlargement" shall mean a change of use or
an addition which would increase the number of parking spaces required above the total
number required prior to such change or addition. The number of parking spaces provided for
an alteration or enlargement of a site or structure shall be in addition to the number existing
prior to the alteration or enlargement, unless the pre-existing number is greater than the
number prescribed in Section 15-35.030, in which instance, the number in excess of the
prescribed minimum shall be counted in calculating the number provided to serve the
alteration or enlargement.
(b) If, in the application of the requirements of this Article, a fractional number is obtained,
one parking space shall be provided for a fraction of one-half or more, and no parking space
shall be required for a fraction of less than one-half.
( c) If more than one use is located on a site, the number of parking spaces provided shall be
equal to the sum of the requirements prescribed in this Article for each use.
(d) The off-street parking requirements ofthis Article may be satisfied by a common parking
facility; provided, that the total number of spaces shall be not less than the sum of the
individual requirements, and provided further, that a contract between the parties setting
forth the agreement for joint use of a common parking facility is recorded in the office ofthe
County Recorder and a certified copy there is filed with the City.
(e) Where parking requirements are determined by gross floor area, such area shall not
include enclosed or covered areas used for off-street parking or loading or interior courts of a
building not occupied by a use for which off-street parking is required, but such gross floor
area shall include any exterior balcony used as the sole means of access to a business
establishment and any basement, or portion thereof, occupied by a use for which off-street
parking is required.
(f)The Planning Commission may require that off-street parking spaces in excess of the
number prescribed in Section 15-35.030 be provided for use on a site, if the Commission
finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb
spaces.
(g) For a use not specifically listed in Section 15-35.030, the number of off-street parking
spaces shall be determined by the Planning Commission or the PlanHiag Direeter
Community Development Director, based upon the number of spaces required for the most
similar specified use and such information as may be available to the Planning Commission
2
Ordinance No.
or the Planniag Direeter Community Development Director concerning the parking
requirements of the proposed use.
(h) In all districts except a C- H district, the off-street parking spaces prescribed in Section
15-35.030 shall be located on the same site as the use for which the spaces are required, or on
an adjacent site or a site separated only by an alley from the use for which the spaces are
required. In a C-H district, the off-street parking spaces prescribed in Section 15-35.030 may
be located within three hundred feet of the use for which the spaces are required, measured
by the shortest route of available pedestrian access.
(i) With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-
PD district, not more than twenty-five percent ofthe number of required off-street parking
spaces may consist of compact parking spaces. If, in the application of this subsection, a
fractional number is obtained, one compact parking space may be provided for a fraction of
more than one-half and one standard parking space shall be provided for a fraction of one-
half or less.
(j) No repair work or servicing of vehicles shall be conducted in any parking area.
(k) Notwithstanding any other provision of this Code, for applications deemed complete
between March 1, 2006 and February 28,2009, no of/street parking shall be required of
any new, altered, or enlarged site or structure in any CH District until such time as a total
of 41,850 square feet of gross floor area beyond that existing on March 1, 2006 ("surplus
floor area" has been constructed or otherwise allocated as set forth below in the CH
Districts. This provision shall be administered as follows:
(i) Surplus floor area shall be allocated on a first-come-first served basis, based on
the date that the application submittal is deemed complete by the Community Development
Department;
(ii) The amount to be deducted from the surplus floor area for a new or enlarged
site or structure shall be the increased gross floor area calculated using the methodology
for determining gross floor area in Section 15-35.020(e);
(iii) The amount to be deducted from the surplus floor area for a change in use in
or alteration to an existing site or structure that does not increase the gross floor area of
that site or structure shall be determined based on the gross floor area subject to the
change in use reduced by 450 square feet for each parking space allocated to the prior use.
This shall be calculated as follows: The total square footage subject to the change in use
or alteration ("changed use area" shall be the gross floor area of that portion of the site
or structure determined in accordance with Section 15-35.020(e). The existing parking
credit shall be calculated by determining the number of parking spaces allocated to the
prior use of the area proposed for a change in use or alteration and multiplying that
number by 450 square feet. The amount to be deducted from the surplus floor area shall
be the changed use area minus the existing parking credit. For example, for a proposed
change in use of a 2000 square foot structure with four parking spaces allocated to the
prior use, the changed use area would be 2000 square feet and the parking credit would be
1800 square feet (4 parking spaces multiplied by 450 square feet); this means that the
3
Ordinance No.
amount of surplus floor area allocated to the change in use would be 200 square feet (the
2000 square foot changed use area minus the 1800 square foot parking credit).
Notwithstanding the foregoing, no deduction from the surplus floor area shall be made or
required for any change in use in or alteration to an existing site or structure within a City
parking district that does not increase the gross floor area of that site or structure.
(iv) Allocation of surplus floor area to an application shall be removed at such time
as the application is denied or withdrawn and, for applications that are approved, upon the
expiration of that approval. If an application is modified by the applicant or the approval
in a manner that changes the gross floor area associated with the application, the
allocation shall be adjusted accordingly;
(v) The Community Development Department shall monitor and maintain an
account showing the amount of surplus floor area that has been allocated pursuant to this
section and the amount that remains to be allocated; and
(vi) Any proposed new, altered, or enlarged site or structure in any CH District that
would add more gross floor area than the remaining surplus floor area shall comply with
the off street parking requirements set forth in Section 15-35.020( a) and elsewhere in this
Code as to the excess floor area unless the applicant applies for and pays the costs of a
parking study to be completed by City Traffic Engineer and that study is approved by the
Planning Commission and determines that excess parking capacity is available in the CH
Districts and recommends that the amount of surplus floor area be increased at least by an
amount that would accommodate the proposed new, altered, or enlarged site or structure.
Section 3.
Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions ofthis ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions ofthis
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a newspaper
of general circulation of the City of Saratoga within fifteen days after its adoption.
[The Remainder of This Page is Intentionally Blank]
4
Ordinance No.
The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 4th day of January, 2006, and was adopted by the following vote
following a second reading on the 18th of January 2006:
AYES:
NOES:
ABSENT:
Norman Kline
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Cathleen Boyer
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
5
Ordinance No.
.
,
, SARA'ltOOACITYCOUNCIL
MEETING DATE: JaDe_"" 18, 100$ AGJl:NDAITEM: -l--' _ -at:='
ORIGINATING DEYr: A.......~e Services an ~AGER:i &:J~'
PREPARED BY:
DEPT HEAD:
SUBJECT: Ach>>ptloe 01.-.. P_en AFeement with ~ Bay Area ~Dl~ ..lll IJ
Sen1ee (!BAEJlS) !
RECOMMJi:NDP'A(;'fION:
BAERSprovi4es.ot.4ine ~lllryand~fitsinfonnati~ tomelJ1~agenFiesof a cOnsortium
that operatesundlll'~J~PO\ym~ (JPA).11le~bodf is the Board of
Directors. The Board COIlSistsof~ .ipl~tative (rom Cl8CblJ1CJDber.lifency.'J;be C<MUrty of
SantaClaruervesas thehosto~on for the JPA. It is ~ a tnem11er. BARRS' staff
1DCIDber$ areen1Ployees~theCountr I1l1d. are responsible for the sites sujucturean,d content.
Typically, this informatioJl.i$qtiJi1~ filr labor negotiatio~s,peri~ co~ s1UdiC$ and
position/classification revjews.i:lAER~provides rapid di~on of~ta that is o~
o~through the _~lbI1ual ~eyl11ethod. '
BAERS is responsible for.,aini':lgand enhlIncit1gthe structUre and cqntel1t 'nec;essary for an
Intemetweb site that now~es asa significant vehicle for sharil1stotal FomJ!ellSlltion
informationamons member$. The stJUCtUrecqnsists of the datl1b8se computllJ', ~ $1d
~b pages necessary for~ updtotl~g, processing, and displayingthe!content of the site.
Currently, 5S agencies~~, and dltaisavaihlbleregllrdingthemerhoranda of
understanding and ~for over 276 batPinhlgunits. ' '
BAERS is the m~e$etive service for -llins the vital. up-t~ infonnati~in$Ul>l>>rt of
the City's policy Ofl:oUd~,salllt)'!llllVe}'$ andimplC!11eJrt newlllilarYJ8DiCSadDiinistrlltive1Y
every twO year. the se"$l(1)approvedcomparable citn$ ofLosAltos,~Carlos, .Los Oatos,
C~pbeU, Menlo Park, Cupertino, and.Morgan Hill areaJ1 mern\:Jenl of~.
FISCAL IMPACTS:
BAERS submitted the attache4'Proposalmid-year n:telJ1bership fee in the ~unt 0($2,900. This
amount is within the currenteontract services budget in the Human Reso'/l'CCs Program.
CONSEQUENCES OFNtl'l'~OWlNG RECQMMl:NDEJ) ActION:
,
,
The task of conducting salary s&!lVey's and implemeatingne\V salllt)' !ranges administratively
every, two years JJ18DUillly is nbt. a cost-effective use. of s$ft' ,eS011l'Ce/l in colJ1parison to the
instant access to total co~n records provided by BAERS. '
ALTERNA~~1
.
None in addition to the above.
FOLLOW UP ACTION:
Staff will follow City Council direction.
ADVERTJ$ING, NOTICING AND PUBLICCO!ITACT:
Posting of the agenda.
ATTACHMENT:
Attachment A - JP A for the BAERS
Attachment B - Resolution
Attachment C - JP A mernbershiJl.' services and f*
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ADOPTING THE JOINT POWERS AGREEMENT
FOR THE BAY AREA EMPLOYEE RELATIONS SERVICE
WHEREAS, California Government Code Section 6500 et seq. provides that two or more public
agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, the City of Saratoga join the Joint Powers Agreement for the Intergovernmental
Employee Relations Service, now known as the Bay Area Employee Relations Service, by Resolution,
BLANK adopted on BLANK
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga authorizes
the City Manager to sign the Joint Powers Agreement for the Bay Area Employee Relations Service.
The above and foregoing resolution was passed and adopted at the regular meeting of the Saratoga City
Council held on the 18th day of January by the following vote:
AYES:
NOES:
ABSENT: None
ABSTAIN: None
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
09/12/03
JOINT POWERS AGREEMENT FOR
THE BAY AREA EMPLOYEE RELA nONS SERVICE
TABLE OF CONTENTS
RECIT ALS.................................................................................................................................................... 1
ARTICLE I-DEFINITIONS ....................................................................................................................... 2
ARTICLE 2-PURPOSES........................................................,.................................................................... 2
ARTICLE 3-P ARTIES TO THE AGREEMENT ..................................................................................... 2
ARTICLE 4- POWERS OF THE BAY AREA EMPLOYEE RELATIONS SERVICE ....................... 3
ARTICLE 5- METHOD BY WHICH THE PURPOSE OF THE AGREEMENT WILL BE
ACCOMPLISHED .......................................................................................................................................3
ARTICLE 6- BOARD OF DIRECTORS................................................................................................... 3
ARTICLE 7- POWERS OF THE BOARD OF DIRECfORS................................................................. 3
ARTICLE 8-MEETING OF THE BOARD OF DIRECfORS................................................................ 4
ARTICLE 9-MANAGEMENT COMMITTEE ......................................................................................... 5
ARTICLE 10-POWERS OF THE MANAGEMENT COMMITTEE..................................................... 5
ARTICLE 11-MEETINGS OF THE MANAGEMENT COMMITTEE................................................. 6
ARTICLE 12-0FFICERS OF BAERS....................................................................................................... 6
ARTICLE 13-ACCOUNTS AND RECORDS ........................................................................................... 7
ARTICLE 14-RESPONSlBILITY FOR MONIES ................................................................................... 7
ARTICLE 15-RESPONSIBILITIES OF BAERS ..................................................................................... 8
ARTICLE 16- RESPONSIBILITIES OF THE MEMBERS.................................................................... 8
ARTICLE 17-NEW MEMBERS ..............................................................................................................10
ARTICLE 18-LIABILITY ........................................................................................................................ 10
ARTICLE 19-WITHDRA W AL ................................................................................................................ 11
ARTICLE 20- EFFECT OF WITHDRA W AL........................................................................................ 11
ARTICLE 21-CANCELLA TION ............................................................................................................. 11
ARTICLE 22-TERMINATION AND DISTRIBUTION ........................................................................ 11
ARTICLE 23-PROVISION FOR BYLAWS AND MANUAL ............................................................... 12
ARTICLE 24-NOTICES............................................................................................................................ 12
ARTICLE 25-AMENDMENT............................................................;...................................................... 12
ARTICLE 26-SEVERABILITY ............................................................................................................... 13
ARTICLE 27-ARTICLE HEADINGS ..................................................................................................... 13
ARTICLE 28-TERM OF AGREEMENT ................................................................................................13
ARTICLE 29-FULL AGREEMENT ........................................................................................................ 13
BAERS AGREEMENT
9/12/03
JOINT POWERS AGREEMENT FOR
THE BAY AREA EMPLOYEE RELATIONS SERVICE
This agreement is made and entered into on January 1, 2004, by and among the public
entities organized and existing under the Constitution or laws of the State of California,
hereinafter collectively referred to as "Members" or "Parties" and individually as
"Member", which are parties signing this Agreement.
RECITALS
Whereas, California Government Code Section 6500 et seq. provides that two or more
public agencies may by agreement jointly exercise any power common to the contracting
parties; and
Whereas, the parties are public agencies as that term is defined in California Government
Code Section 6500 dealing with Joint Powers Agreements; and
Whereas, each of the parties to this Agreement are actively involved in employee
relations; and
Whereas, the parties have common powers and authority to collect, refine, analyze and
use information, research and assistance in their respective employee relations; and
Whereas, each of the parties to this Agreement desires to join together with the other
parties for the purpose of consolidating confidential information, research, and assistance
functions and services in preparation for and use for labor negotiations and other
authorized uses, in order to realize economic and operational efficiencies.
Whereas, the name ofthe Intergovernmental Employee Relations Service has been
changed to Bay Area Employee Relations Service to reflect the expanded membership
base of the nine bay area counties,
Now, therefore, for and in consideration of all the mutual benefits, covenants and
agreements contained herein, the parties hereto agree as follows:
BAERS AGREEMENT
9/12103
ARTICLE I-DEFINITIONS
The following definitions shall apply to the provisions of this Agreement:
(a) Agreement shall mean the Joint Powers Agreement for the Bay Area
Employee Relations Service.
(b) BAERS shall mean the Bay Area Employee Relations Service.
(c) Board of Directors or Board shall mean the governing body of the Bay
Area Employee Relations Service.
(d) County shall mean the County of Santa Clara.
(e) Management Committee shall mean the Management Committee of the
Bay Area Employee Relations Service Board of Directors.
ARTICLE 2-PURPOSES
This Agreement is entered into by the Members pursuant to the provisions of the,
California Government Code Section 6500 et seq. in order to consolidate information,
research and assistance functions and services in preparation for and use for labor
negotiations that are necessary and relevant to the operation of the respective employee
relations of the parties. By this Agreement, the parties do not create an agency or entity
separate from the parties themselves
The method of implementing these purposes and executing these powers is to provide
employee relations services in accordance with the terms and conditions hereof through
the staff and facilities of the County of Santa Clara.
ARTICLE 3-PARTIES TO THE AGREEMENT
Each party to this Agreement certifies that it intends to and does contract with all other
parties who are signatories of this Agreement and, in addition, with such other parties as
may later be added as parties to and signatories of this Agreement pursuant to Article 17.
Each party to this Agreement also certifies that the deletion of any party from this
Agreement, pursuant to Article 19 and 20, shall not affect this Agreement nor the intent
to contract as described above with the other parties to the Agreement then remaining.
2
BAERS AGREEMENT
9/12103
ARTICLE 4- POWERS OF THE BAY AREA EMPLOYEE RELATIONS
SERVICE
SAERS shall have the powers common to its Members and is hereby authorized to do all
acts necessary for the exercise of said common powers, including, but not limited to, any
or all of the following:
(a) To provide for the delivery of employee relations services through County
employees and at facilities of the County;
(b) To incur debts, liabilities or obligations in accordance with a duly
approved budget;
(c) To levy and collect fees and charges, including administrative and
operating costs, as provided by this Agreement or by law;
(d) To exercise all powers necessary and proper to carry out the terms and
provisions of this Agreement, or otherwise as authorized by law.
ARTICLE 5- METHOD BY WHICH THE PURPOSE OF THE AGREEMENT
WILL BE ACCOMPLISHED
SAERS shall provide for the delivery of employee relations services using employees of
the County and at facilities of the County.
ARTICLE 6- BOARD OF DIRECTORS
SAERS shall be governed by the Soard of Directors which is hereby established and
which shall be comprised of one representative from each Member. Each Member shall
have one (I) vote. Each Member shall also designate an alternate who shall serve in the
absence of its regular representative. The alternate shall have the authority to attend,
participate in and vote at any meeting of the Soard of Directors when the regular member
for whom he or she is an alternate is absent from said meeting.
ARTICLE 7- POWERS OF THE BOARD OF DIRECTORS
The Board of Directors shall have the following powers and functions:
(a) To establish priorities in the performance of services.
3
BAERS AGREEMENT
9/12/03
(b) To approve and adopt the annual fiscal year operating budget (July 1
through June 30) ofBAERS.
(c) To receive and review periodic accountings of all funds under Article 13
and 14 of this Agreement.
(d) To have the power to conduct on behalf ofBAERS all business of
BAERS.
(e) To elect from its Members pursuant to Article 9 of this Agreement, a
Management Committee to which it may delegate authority to make and
implement any decision that the Board is authorized to make under this
Agreement, except the following:
1. Action that would require an amendment to this Agreement, under
Article 25 herein;
2. Change in the fee schedule;
3. Action that would financially obligate the parties in any way,
except as set forth in Article 10;
4. Selection of the President, Vice-President and members of such
Management Committee.
(f) To review all acts of the Management Committee, and shall have the
power to modify and/or override any decision or action of the
Management Committee upon a majority vote of a quorum of the Board of
Directors, unless this would interfere with a legal obligation made by the
Management Committee and result in BAERS liability.
(g) To adopt Bylaws for the conduct of its business consistent with this
agreement and with all applicable laws.
(h) To have such other powers and functions as provided by this Agreement.
ARTICLE 8-MEETING OF THE BOARD OF DIRECTORS
(a) Meetings. The Board of Directors shall establish its regular meetings. It
shall hold at least two regular meetings annually, at a time and place
determined by the Management Committee. The Board may hold special
meetings as required.
4
BAERS AGREEMENT
9/12/03
(b) Minutes. BAERS shall keep minutes of regular and special meetings of
the Board of Directors and shall as soon as possible after each meeting,
forward a copy of the minutes to each member of the Board.
(c) Quorum. A majority of the members of the Board of Directors shall
constitute a quorum for the transaction of business. A vote of the majority
of those members present at a meeting shall be sufficient to constitute
action by the Board of Directors.
(d) Compliance with tbe Brown Act. All meetings of the Board of
Directors, including regular and special meetings, shall be called, noticed,
held and conducted in accordance with the provisions of the Ralph M.
Brown Act, California Government Code Section 54950 et seq.
ARTICLE 9-MANAGEMENT COMMITTEE
(a) There shall be a Management Committee of the Board of Directors, which
shall consist of seven (7) members, one of which shall be the County.
Two of the members of the Management Committee shall be the President
and Vice-President. The other members of the Management Committee
shall be elected by the Board of Directors pursuant to the conditions and
terms provided in the Bylaws. The President of the Board of Directors, or
the Vice-President in his or her absence, shall also serve as the President
of the Management Committee.
(b) Compliance with the Brown Act. All meetings of the Management
Committee, including regular and special meetings, shall be called,
noticed, held and conducted in accordance with the provisions of the
Ralph M. Brown Act, California Government Code Section 54950 et seq.
ARTICLE to-POWERS OF THE MANAGEMENT COMMITTEE
The Management Committee of the Board of Directors shall have the following powers:
(a) To prepare the operating budget ofBAERS for each fiscal year, subject to
review, modification and approval by the Board of Directors, as provided
for in Article 8.
(b) To receive and act upon reports of any sub- committee established by the
Board of Directors.
(c) To create Bylaws as necessary.
5
BAERSAGREEMENT
9/12/03
(d) To review new members for acceptance or rejection.
(e) To solicit performance feedback ofBAERS on a regular basis and provide
the information to the County.
(f) In conjunction with a representative of the County, to establish annual
performance objectives for the Director, Bay Area Employee Relations
Service. The Management Committee shall annually evaluate the
performance of the Director, Bay Area Employee Relations Service
against the performance objectives established. The County shall consider
Management Committee input in the formal County performance
evaluation of the Director, Bay Area Employee Relations Service.
(g) In the event the position of Director, Bay Area Employee Relations
Service becomes vacant, the Management Committee and the County shall
jointly participate in the recruitment and selection process of a new
Director. The Management Committee shall make a hiring
recommendation to the County, which has the sole authority to select the
new Director, Bay Area Employee Relations Service.
(h) Have such other powers and functions as are provided for in this
Agreement or as delegated by the Board of Directors.
ARTICLE ll-MEETlNGS OF THE MANAGEMENT COMMITTEE
The meetings of the Management Committee shall be held at least twice a year at a time
and date set by the President.
ARTICLE 12-0FFICERS OF BAERS
(a) President. The Board of Directors shall elect a President, to hold office
for a one-year term, except as hereinafter provided and until a successor is
elected. In the event the President ceases to be a member of the Board of
Directors, the resulting vacancy shall be filled at the next regular meeting
of the Board of Directors held after such vacancy occurs. In the absence
or inability of the President to act, the Vice President shall act as
President. Should the Vice President not be available, the Management
Committee shall name an Acting President who shall serve until the next
regular Board meeting. The President serves at the pleasure of the Board,
6
BAERS AGREEMENT
9/12/03
and receives no compensation for these services. Reasonable expenses
incurred on the Board's behalf are reimbursable.
(b) Vice President. The Board of Directors shall elect a Vice President, to
hold office for a one-year term, except as hereinafter provided and until a
successor is elected. In the event the Vice President so elected ceases to
be a member of the Board of Directors, the resulting vacancy shall be
filled at the next regular meeting of the Board of Directors held after such
vacancy occurs. In the absence or inability of the President to act, the
Vice-President shall act as President. The Vice President serves at the
pleasure of the Board, and receives no compensation for service.
Reasonable expenses incurred on the Board's behalf are reimbursable.
(c) Other. The Board of Directors may create other offices as needed
ARTICLE 13-ACCOUNTS AND RECORDS
(a) Annual Budget. The Board of Directors ofBAERS shall adopt an annual
operating budget pursuant to Article 7 of this Agreement.
(b) Funds and Accounts. The County shall establish and maintain such
funds and accounts as may be required by good accounting practice and as
recommended by the Management Committee. Books and records of
BAERS shall be open to inspection, with reasonable notice, by
representatives from Member agencies.
(c) County's Fiscal Report. The County, within one hundred and twenty
(120) days after the close of each fiscal year, shall give a complete written
report of all financial activities for such fiscal year to the Board of
Directors and each Member.
(d) Annual Audit. The County shall provide for an annual audit of the
accounts and records ofBAERS. The audit shall meet the minimum
requirements prescribed by the State Controller for special districts by the
Califomia Government Code.
ARTICLE 14-RESPONSIBILITY FOR MONIES
(a) The County shall have the custody of and disburse BAERS funds
according to the policies and directions of the Board of Directors.
7
BAERS AGREEMENT
9/12/03
(b) The County shall assume the following duties described in California
Government Code Section 6505.5 including:
I. Receive and issue receipts for all money for BAERS and place it in
the County treasury in the account ofBAERS;
2. Be responsible for the safekeeping and disbursement of all of
BAERS money so held by the County;
3. Pay any other sums due from BAERS only upon warrants signed
by the public officer performing functions of Controller; and
4. Report in writing, 15 days after the close of each fiscal quarter, to
the members the amount of money held for BAERS, the amount of
receipts since the last report, and the amount paid out since the last
report.
ARTICLE IS-RESPONSIBILITIES OF BAERS
BAERS shall perform the following functions in discharging the responsibilities under
this Agreement:
(a) Develop and maintain a confidential Internet based database containing
employee relations data as set forth in the Bylaws for use by Members.
(b) Perform other special services as requested by individual Members related
to collection, refinement and analysis of data, and other such research and
assistance functions essential for labor relations as set forth in the Bylaws;
and
( c) Have such other responsibilities as deemed necessary by the Board of
Directors or Management Committee in order to carry out the purposes of
this Agreement.
ARTICLE 16- RESPONSIBILITIES OF THE MEMBERS
(a) Responsibilities. Each Member shall have the following responsibilities:
1. To appoint a representative and an alternative representative with
knowledge of the Member's labor relations to the Board of
Directors, pursuant to Article 6 of this Agreement.
8
BAERS AGREEMENT
9/12103
2. Each Member shall appoint an employee to be responsible for
responding to requests for information, and to serve as liaison to
BAERS.
3. Each Member shall pay all fees in accordance with the fee
schedule, adopted annually pursuant to the Bylaws, including fines
that may be assessed for not meeting member obligations.
4. Each Member shall provide BAERS with information related to
salaries, benefits, labor settlement information as stated in the final
Memoranda of Understanding and other data as may be necessary
for BAERS to carry out services provided under this Agreement.
5. Each Member shall comply with all bylaws, rules and regulations
adopted by the Board of Directors and Management Committee.
(b) Confidentiality. Each Member shall have access to all data and
information collected by BAERS in preparation for and during periods of
labor negotiations that are necessary and relevant to the operation of the
respective employee relations of the parties. Each Member agrees to treat
such information in confidence and for use only for the purposes
contemplated in the Agreement. A Member shall not release any of the
information to any entity or other party except in the course of labor
negotiations or as consented to by the County. This shall not preclude a
Member from such limited reproduction and distribution of such
information within its own agency as is necessary for such Member's
employee relations activities, nor shall it preclude a Member from using
the information for purposes of discussing same with other Members. In
the event that a Member receives a California Public Records Act request,
subpoena, court order, or other legal document requiring release of the
information, or is informed that such document is being requested, the
Member shall notify the County in order to permit the County to review
the matter and provide a recommendation to insure uniform responses. In
its discretion, the County may seek a protective order or other similar
order. Members shall be responsible for maintaining effective procedures
and controls in respect to web site password security.
The Board may authorize BAERS to release data from the web site or
documents in its possession for sale to management officials of non-
member public jurisdictions with the understanding that the Liability
provisions in Article 18 shall apply.
9
BAERS AGREEMENT
9/12/03
ARTICLE I7-NEW MEMBERS
With the approval of the Management Committee, new members may be added to
BAERS. Approval for new members shall be in accordance with the following
procedure:
(a) A public agency shall submit a letter of intent and application to the
County;
(b) The Management Committee shall review the application to determine
compatibility with the scope and purpose ofBAERS.
Members entering under this Article shall become a party to this Joint Powers Agreement
and shall execute such documents as necessary, which shall be appended to this
Agreement.
ARTICLE IS-LIABILITY
Each party to this JP A Agreement assumes all risks associated with the use of services
provided by the County under Paragraph 2 of the Agreement, and will indemnify, hold
harmless and defend the County and all other parties to this Agreement from all claims
for money or damages arising from alleged errors or omissions of the County.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between the parties pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the County and each Member of this Joint Powers Agreement agree that pursuant
to Government Code Section 895.4, each of the parties hereto shall fully indemnify and
hold each of the other parties, their officers, board members, employees and agents,
harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, board members,
employees or agents, under or in connection with the use by a party of any services or
data provided under this Agreement. No party, nor any officer, board member,
employee or agent thereof shall be responsible for any damage or liability occurring by
reason of negligent acts or omissions or willful misconduct of other parties hereto, their
officers, board members, employees or agents, under or in connection with or arising out
of the use by a party of any services or data provided under this Agreement.
10
BAERS AGREEMENT
9/12103
ARTICLE 19-WITHDRAWAL
A Member ofBAERS may not withdraw as a party to this Agreement and as a member
of the BAERS for a one-year period commencing with the effective date of its
participation in BAERS. Following the one-year irrevocable commitment to the BAERS,
a Member may withdraw only at the end of the fiscal year, provided it has given BAERS
at least three months written notice of its intent to withdraw from this Agreement.
ARTICLE 20- EFFECT OF WITHDRAWAL
The withdrawal of any Member from this Agreement shall not terminate this Agreement
and no Member by withdrawing shall be entitled to payment or return of any deposits,
any consideration of property paid, or donated by the Member to BAERS, or to any
distribution of assets.
ARTICLE 21-CANCELLATION
BAERS shall have the right to cancel any Member's participation in BAERS for non-
compliance with the terms of the JP A upon a three- fourths vote of the entire Board of
Directors in a regular or special meeting of BAERS where a quorum is present, and with
at least 30 days written notice to the Member. Any Member so canceled shall, on the
effective date of the cancellation, be treated the same as if the Member had voluntarily
withdrawn from BAERS and may be subject to a prorated fee.
ARTICLE 22-TERMINATION AND DISTRIBUTION
(a) This Agreement may be terminated with
I. The written termination request of three-fourths of the Members,
tendered at least six months prior to the end of the fiscal year; or
2. The written termination request of the County, tendered at least six
months prior to the end of the fiscal year, and,
(b) In the event that this Agreement is terminated in accordance with Section
(a) of this Article, BAERS shall continue to exist for the purpose of
II
BAERS AGREEMENT
9/12103
disposing of any claims, distribution of assets and all other functions
necessary to terminate the affairs ofBAERS.
(c) Upon termination of this Agreement, all property ofthe BAERS shall
become the property of the County, under the following terms:
I. Each Member shall be entitled to an electronic copy of the web-
based data created for BAERS.
2. Funds ofBAERS shall be distributed among the Members in
accordance with and proportional to their base annual fee, as defined
in the Fee Schedule.
(d) The Management Committee is vested with all powers ofBAERS for the
purpose of dissolving the business affairs ofBAERS. The decisions of the
Management Committee under this article shall be final.
ARTICLE 23-PROVISION FOR BYLAWS AND MANUAL
The Board shall cause to be developed Authority Bylaws to govern the operations of
BAERS. Each Member shall have electronic access to any Bylaws developed under this
Article.
ARTICLE 24-NOTICES
Notices to Members hereunder shall be sufficient if delivered to the administrative office
of the respective Member via first class mail, facsimile or electronic mail with receipt
confirmation.
ARTICLE 25-AMENDMENT
This Agreement may be amended at any time by a two-thirds vote of the full
membership of the Board of Directors, with the exception of an amendment to Article 22,
which shall require a three-fourths vote of the entire Board of Directors.
Signatures shall not be required on any such amendment by those Members, if any,
whose Director did not approve the amendment; however, such Members shall
nonetheless be bound by the amendment as if it were approved by all Members.
12
BAERS AGREEMENT
9/12/03
ARTICLE 26-SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be
void, invalid or unenforceable, the same will either be reformed to comply with
applicable law or stricken if not so conformable, so as not to affect the validity or
enforceability of this Agreement.
ARTICLE 27-ARTICLE HEADINGS
All section headings contained in this Agreement are for convenience and reference only.
ARTICLE 28-TERMOF AGREEMENT
This Agreement is effective on January 1, 2004 and shall continue until and unless
terminated as provided in Article 22.
ARTICLE 29-FULL AGREEMENT
The foregoing constitutes the full and complete Agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by
authorized officials thereof on the date indicated below:
Agency:
By:
Title:
Date:
Approved as to form and legality:
By:
Title:
Date:
13
BAERS AGREEMENT
9/12/03
Pursuant to actions by the County of Santa Clara Board of Supervisors on June 8, 2004,
approving the foregoing agreement with local agencies for continuing participation in the
Bay Area Employee Relations Service and authorizing the County Executive to execute
BAERS Joint Powers Agreements, the following confirms execution of said Agreement
between and the County of Santa Clara.
[Agency Name]
By:
Title:
Date:
Approved as to form and legality:
By:
Title:
Date:
BAERSAGREEMENT91203
14
2/24/05
BAY AREA EMPLOYEE RELATIONS SERVICE
BYLAWS
These bylaws are adopted pursuant to Article 23 of the Joint Powers Agreement
for the Bay Area Employee Relations Service. Unless otherwise specified, the
definitions of terms in that Agreement shall also apply to these bylaws.
1. BOARD OF DIRECTORS MEETINGS
The two regular meetings of the Board of Directors required in Article 8 of the
Agreement shall, unless otherwise determined by the Management Committee, be
scheduled in February and September of each year.
During the first meeting of the year, the Board shall elect officers for the
following fiscal year and develop a budget and fee structure to be considered as
early as possible in the budget process for the next fiscal year.
During the second meeting of the year, the Board may consider adjustments to
budget and fees that may be necessary.
Either of these meetings, or any special meeting that may be called, may also
include activities intended to define or address member needs.
2. MANAGEMENT COMMITTEE ELECTIONS AND VACANCIES
As provided in Article 9 of the Joint Powers Agreement, the Management
Committee of the Board of Directors consists of seven (7) members, one of which
is from the County and two of which are the President and Vice-President of the
Board, who also serve as the President and Vice-President of the Committee
respectively.
Each of the other four members of the Management Committee shall be elected
by majority vote of a quorum ofthe Board of Directors.
Should a vacancy occur, the Management Committee may appoint another
Member of the Board of Directors to serve on an interim basis until the next
Board meeting. At that time, the Board may either affirm the person for
continuation or accept additional nominations and conduct an election.
BAERS BYLAWS
2/24/05
Unlike Board Members, Management Committee members do not have
alternates. However, those who are unable to attend a meeting may designate
another person from their agency to attend, participate and report back to the
Member. The designee will not be counted when determining quorum and may
not participate in formal votes.
3. MEMBER REPRESENTATIVES AND LIAISON
Pursuant to Article 16 of the Agreement, Members will supply BAERS with the
names of representatives, alternates and a BAERS liaison annually and upon
departure of representatives from employment with the Member.
4. AMENDMENTS
Amendments to the Agreement: BAERS shall maintain copies of Amendments to
the JP A Agreement that are enacted pursuant to Article 25. A copy of each
amendment shall be provided to each Member.
Amendments to these bvlaws: These bylaws may be amended by a two-thirds
vote of a quorum of the Board of Directors. An updated copy of bylaws shall be
provided to each member.
BAERSBylawsRevised022405.doc
Bav Area EmDlovee Relations Service
February 24, 2005
JPA MEMBERSHIP. SERVICES AND FEES
2005-2006
Backllround:
The organization that is now known as the Bay Area Employee Relations Service was created as the
Intergovernmental Employee Relations Service under a Joint Powers Agreement in 1974. Its purpose
was to provide centralized staff and information services to Member agencies in support of Human
Resource functions, sLlch as labor relations and position-classification analysis. Original products
included printed annual compensation and benefits reports that covered benchmark and executive
positions. The program also provided special services including salary surveys, classification studies and
a variety of other research.
Over the years, this centralized approach resulted in the need to create a database. In August 1999,
changes to that database were undertaken in response to member requests for more rapid dissemination
of data. When the changes were presented to the organization's Executive Board, the potential for a web
site application was recognized immediately. In September 1999, collaboration between the BAERS
database designer and a web site designer at the City of Foster City (a Merjlber agency) began.
By January 2000, the site was operational with 2,044 total compensation records for benchmark classes,
By September of that year, BAERS had assumed full responsibility for continuing maintenance and
development of the site's structure and content. Over approximately the next 20 months, BAERS
continued to modify the database and web site pages to add features, such as on-line maintenance and a
variety of benefits and classifications, including those in information technology and executive ranks. This
increased the number of total compensation records to over 3,600. Changes implemented in June 2004
increased the number of these records to over 4,300. Records are offered in 40 occupational categories.
The site also presents information covering benefits associated with more than 260 bargaining units.
In June 2002, the Board approved a change in fee structure designed to add increased financial stability
to this effort. The following pages further describe current operations services and fees.
ODerations and MembershiD:
BAERS estimates 37 member agencies for FY 05-06. The governing body is the Board of Directors. The
Board consists of one representative from each member agency. Agencies are also encouraged to
designate alternate representatives. The County of Santa Clara serves as the host organization for the
JPA. It is also a member. BAERS' staff members are employees of the County. The County appoints and
evaluates the Director with input from the Board. The Director appoints staff and manages programs
pursuant to Board and County policies. The Board determines fees and the scope and content of BAERS'
services.
Generally, Board members and allernates are the person(s) responsible for the Human Resources or
Labor Relations function at their respective agencies. The Board of Directors elects a President and Vice-
President for each fiscal year (July-June cycle). It also elects a Management Committee consisting of the
President, Vice-President, an official of the County of Santa Clara and four additional representatives.
The Management Committee works with BAERS' staff to provide guidance and develop
recommendations for Board consideration.
In considering prospective members, the emphasis is on stability in relationships. The only form of
membership available is as a signatory to the Joint Powers Agreement. The membership process is
straightforward. Key steps include:
. Obtaining the Joint Powers Agreement from BAERS and securing approval of the prospective
member's legislative body or from a person authorized to enter into Joint Powers Agreements on
behalf of that body,
Bav Area Emolovee Relations Service
JPA Membershio - Services and Fees
Paae 2
Februarv 24. 2005
. Signing the agreement. Signatories must be those authorized to enter/approve agreements (e.g.,
Mayor, City/County Manager, City Attorney and City Clerk).
. Returning the signed original agreements to BAERS for execution by the County Executive of the
County of Santa Clara.
If two original signed agreements are received, when executed, both parties can retain an original
agreement with signatures. For additional membership information, please contact:
Dick Allen
Director, Bay Area Employee Relations Service
Santa Clara County Government Center
70 West Hedding Street - 8th Floor, San Jose, CA 95110
Phone: (408) 299-5803
Email: dick.allenl61ers.sccaov.ora
Services:
The JPA member fee schedule on the next page covers the following services:
. Staff orientation and support regarding use and content of the consortium's web site
(htto://www,bavareaers.oral as well as membership support using the site's Admin Zone.
. Continuous access to the web site which:
o Covers 54 Bay Area public agencies.
o Currently supports "Total Compensation" records for over 4,300 Safety and Miscellaneous
Classifications, in 40 occupational categories, including executive and information technology
classifications.
. These records can be grouped into arrays using comparison categories to
produce surveys.
. The surveys can be viewed on line or exported to excel spreadsheet.
. The records can also be organized by Agency to permit member confirmation of
the data we have entered.
o Provides access to documents including, bargaining agreements and pay plans. We also
provide links to the web sites of agencies that we report on our site. At the time of this publication,
of the 54 agencies reported on this site, 31 are maintaining class specifications to which we are
linked.
o Contains bargaining agreement summaries (term, adjustments during the term, comments) for
over 270 bargaining units.
o Reports negotiations status in respect to of the progress toward successor agreements for
expired Memoranda of Understanding.
o Shows benefit summary information for those bargaining units linked to classes presented in
the total compensation arrays, (This information may also be applied to salaries available from
our library to classes not on the web site to produce total compensation information. It can also
be used to confirm our accuracy.)
. Access to our library, which contains information that is not on the web site, such as pay plans.
staffing documents, class specifications and organization charts. Member representatives can
Bav Area Emplovee Relations Service Februarv 24. 2005
JPA Membership - Services and Fees
Pace 3
contact BAERS and make an appointment to visit the library. They may also request that BAERS
provide information from that library.
Unless otherwise determined, the fee schedule also covers all updates and expansions approved by the
Board.
MEMBER FEE SCHEDULE: FY 2005-06
FULL-TIME BUDGETED BASE FEE PLUS:
POSITIONS.
50 and under $2,000 (New tier for 05-06)
51 -200 $4,830
201 - 300 $5,434
301 - 400 $6,038 $450 per MOU'.
401 - 500 $7,245 and
501 - 700 $8,453 $450 for all Unrepresented
701 - 900 $9,660 Employees.
901 -1,000 $12,075
1,001 - 1,500 $14,950
1,501 - 2,500 $18,400
2,501 - 8,000 $24,150
Over 8,000 $30,188
Example of Membership Fee ComDutation:
Agency has 50 or less positions and one MOUs -- Base Fee:
1 MOU:
Unrepresented:
Total Fee:
$2,000
450
450
$2,900
. "Equivalent" full-time positions and part-time positions are not counted for fee purposes.
.. MOUs that are only summarized, and not developed for linkage to salary and benefit information on
the Service's web site. are charged at the rate of $184 per agreement for FY 05-06. Each
succeeding year, this rate will continue to be reduced by 20% until ~ equals one-fifth of the then
applicable MOU fee.
* * *
Mid-Year Membership: during the course of a fiscal year is permitted on a pro-rata basis.
Start-Up Fee:
A new member that does not have its compensation information in the database has the option of being
included in the database and appearing on the web site. If the new member elects to be included, a one-
time start-up fee is charged, (Approved by the Board of Directors on June 19, 2001.) The start-up fee is
10% of the agency's annual fee. This fee would be waived, credited or refunded under anyone of the
following three conditions:
1, After 3 years of membership.
2. The member is instrumental in bringing in a new member.
Bav Area Emolovee Relations Service
JPA Membershio - Services and Fees
Pace 4
Februarv 24. 2005
3. The member refers a non-member for a special service that costs at least the amount of the
member's start-up fee.
Addinc Non-Member A!lencies:
One or more members may pay to add a non-member agency to the database/web site. This is
performed as a special service at the member rates. The full cost of development is borne by the
requesting member(s). Staff performs subsequent updates without charge. (Such additions are not
undertaken if they would interfere with data updates and Board-approved site expansions.) (Approved by
the Board of Directors on June 19, 2001.)
Member Fee Reduction/Credit:
A member may receive a fee reduction or credit if it demonstrates that it has recruited a new JPA member
in either the current or the subsequent fiscal year.
The amount is 15% of the new (recruited) member's full-year fee for FY 2004-05 provided it does not
exceed the recruiting member's fee for that year. This credit may be applied to the recruiting member's
fee for the next fiscal year or toward a special service. Approval of this credit is performed in consultation
with the President of the Board of Directors. (Approved by the Board of Directors on April 9, 2002.)
Soecial Services:
The Board of Directors policy has authorized Staff to perform special services provided maintenance and
enhancement of the web site remain the first priority. The Director is authorized to decline requests that
may conflict. When special services are performed, the following rates apply:
Staff Hourly Rate for Special
Services
Director $119.00
Consultant 92.00
ER Analyst/Assistant 64.50
MEMBERS
Data Fee $75 per class plus
Total compensation array downloads. $25 per agency (row) in the
array for each class
Staff Hourly Rate for Special
Services
Director $145.00
Consultant 110.00
ER Analyst/Assistant 77.25
NON-MEMBERS
JPAMF0506,doc
;.......
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SA.RATOGA CITY COUNCH..
MEETING DATE: J.u.ry18,2006
ORIGINATING DtP'l': hlJlie Works
PREPJ\REJ)BY:. I,~<<
~~.~eI:-,,"~~'''''.''
'AGENDA ITEM:
~r=
CITY MANAGta: ~J ?'~-
DEP'l'HEAD:~.~..A~...."'..
~.~~'.~l\r.~
S'UBJECI': de~IPG&E TraOFuJldiDCMreebleDtwttllV1tQeyTr~.'
, Autllority ,
RECOMMENDED ACTION(S):
Authorize.. City Manager to.ex;ecute Coope,rative Fund Transfel: Agreement Withtlie)'811ey
T~on Authority (VTA) to .le the City to receive VTA funding for the
Enviromnental and Design phaSC of the deAnza Trail Project.
REPORT SUM1\fARY:
IDtrocluetioD
At their September 7.200SCity C9uncilmeeting, Council directed staff to move ahead with the
~ign and environmental studyplillSl.\ for the deAnza Trail project. Funding for this phase of the
project will come from the Mea8!D'tl B Bicyde PrOgram money 8114 the Anonymous Donor.
SlDta Clara Vaney Tra..,.rtatlon Au~rity Agreement
The cooperativellgreetn!lllt between the VTA and the City is a generic "boiler p~" fund
tJlInsfer agreement (Attach111ent 1) which the City bas utilized several times. with past projects.
TheDeAnza/PG&E project is btoken down into 3 phases. For every dollar the City qencIs. the
VTA will reimburse 80%. Pha$ll I has been completed, Phase n project cost is $315.000. of
which $300,000 will l?e awlU'ded by the VT A as reimbursement and the l"'IU8imng 20%
reimbursed by the Anonymous Donor. Phase m of the project will be construction.
Phase II
The Environmental stUdy will be handled by the City A~y's offiCe. The environmental
study will begin in February and end in May. The design ofthe.proj~ will begin in May and
finish in August. Public Hearjn,pwill occur within the timelineof the environmental stUdy and
a design contract will be submitted to the City Council forapproval.
FISCAL IMPACTS:
As stated in the funding asreements, the City will be reimbursed for project related expenses
incurred by the City.
~,~.~~~...&
.
. ,
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Funding agreements will ~ot be entered~o and City will not receive tl1ese funds.
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
Forward Funding Agreement to VTA for Board Approval.
ADVERTISING, NOTICING.AND PUBLIC CONTACT:
None.
ATTACHMENTS:
1. VTA Funding Agreement
Attachment 1
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
1996 MEASURE B BICYCLE PROGRAM
FUND TRANSFER AGREEMENT
This Fund Transfer Agreement (Agreement) is made as of , 2006, between the
Santa Clara Valley Transportation Authority (VTA) and the City of Saratoga (Member
Agency).
This Agreement is made with reference to the following facts:
A. On November 5, 1996, the voters of Santa Clara County enacted Measure A, a
proposed transportation Sales Tax expenditure program and Measure B authorizing a
half-cent general County sales tax. The 1996 Sales Tax expenditure program
included $12 million for bicycle projects in Santa Clara County (The Measure B
Bicycle Program).
B. VT A has been designated by the County of Santa Clara as the Program Manager for
the 1996 Measure B Bicycle Program, and is responsible for disbursing Measure B
Bicycle Program funds.
C. The VTA Board of Directors adopted a revised Santa Clara Countywide BiGycle Plan
on December 9, 2004, which included Member Agency's DeAnza Trail /PG&E
ROW, in the list of top priority bicycle projects.
D. This Agreement specifies the conditions under which VT A will disburse Measure B
Bicycle Program funds to Member Agency for the DeAnza Trail /PG&E ROW.
Section 1. Project Description
Member Agency will complete the design and environmental clearance of the DeAnza
Trail /PG&E ROW in the City of Saratoga ("PROJECT"). The Project location is
shown in Attachment A.
Section 2. Award of Measure B Bicycle Funds
VTA shall provide $300,000 in Measure B Bicycle Program funds to Member Agency
for implementation of the Project.
Section 3. Minimum Local Match
Member Agency agrees to provide a local match equal to at least 20% of the total Project
cost, as shown in Attachment B. The local match shall not include funds from the
following sources:
a) Transportation Development Act Article 3 30% set-aside for the Bicycle
Expenditure Program
b) Transportation Fund for Clean Air Program Manager 50% set-aside for the
Bicycle Expenditure Program
c) Transportation Equity Act for the 21st Century Enhancements 2nd Cycle set aside
for the Bicycle Expenditure Program
d) Any other funds approved by the VTA Board of Directors as being dedicated to
the Bicycle Expenditure Program
Section 4. Bicycle Technical Guidelines' Standards
Member Agency shall ensure that the Project complies with the standards in the Bicycle
Technical Guidelines adopted by the VTA Board of Directors in September 1999, unless
compliance would result in extraordinary cost or environmental impacts but in anv case
the proiect shall be in compliance with Chapter 1000 of the Caltrans Highwav Design
ManuaL
Section 5. Review of Plans
Member Agency shall provide a copy of the 35%, 65% and Complete Plans,
Specifications and Estimates (PSE) and the environmental clearance for the Project to
VT A as soon as they are available.
Section 6. Administrative Costs
Member Agency's allowable administrative costs for the Project are limited to 5% of the
Measure B Bicycle funding provided hereby.
Section 7. Reimbursements
Any costs incurred for the Project before full execution of this Agreement are not eligible
for reimbursement. Member Agency shall submit invoices to VT A with documentation
of costs incurred during the invoice period, using the form shown in Attachment C. VT A
shall pay Member Agency within thirty days after receipt of each invoice and continue
making such payments until the Project is complete or the Measure B Bicycle fund
contribution is fully invoiced, whichever occurs first.
Section 8. Monitoring and Status Reports
Member Agency shall submit a financial and implementation status reports to VTA every
90 days and a final status report at the completion of the Project. The report shall itemize
the obligation and expenditure of funds, and the progress to date in the implementation of
the Project.
Section 9. Audit
Member Agency shall retain all books, documents, papers, accounting records and other
evidence pertaining to costs for three years after completion of the Project. Member
Agency shall also allow VTA or an independent auditor selected by VT A to audit all
expenditures relating to the Project and to require all recipients of funds allocated under
this Agreement to fully cooperate with such audits, within three years of the date of the
final payment to Member Agency.
Page 2 of 4
Section 10. Marketing and Public Relations
Member Agency shall use VTA-approved and County of Santa Clara-approved logos and
signage for the Project as shown in Attachment D on signs posted at the site of all
construction. The logos shall be used on any printed material intended for public
dissemination associated with the Project, including brochures, handbooks, schedules,
maps, and promotional materials. Member Agency shall credit the VTA as the Program
Manager and the County of Santa Clara as the funding source in any related articles,
news releases, or other publicity materials produced by Member Agency for the Project.
Sections 11. Notices
Any notice which may be required under this Agreement shall be in writing, shall be
effective when received, and shall be given by personal service, by U.S. Postal Service
mail, or by certified mail (return receipt requested), to the addresses set forth below, or to
such addresses which may be specified in writing to the parties hereto.
Carolyn M. Gonot
Chief Development Officer
Santa Clara Valley Transportation Authority
3331 North First Street
San Jose, CA 95134
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Section 12. Staff Liaisons
Liaison with Member Agency with regard to the day-to-day activities of the Project shall
be with John Cherbone in the Public Works Department. Liaison with VTA with regard
to the day-to-day activities of the Project shall be with Michelle DeRobertis. Notification
of change of status of contact persons shall be made in writing as soon as any change is
made.
Section 13. Member Agency Liability
Neither party nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason ofthe acts or omissions of the other party under this Funding
Agreement. Pursuant to Government Code Section 895.4, each party shall defend, with
counsel acceptable to the other, indemnify, and save harmless, the other party, its officers
and employees, from all claims, suits or actions for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason of the acts or omissions of such
indemnifying party under this Funding Agreement.
Page 3 of 4
~
Section 14. Additional Terms and Conditions
A. Member Agency shall fully obligate Measure B Bicycle Program funds by June 30,
2006.
B. This Agreement shall terminate on December 31, 2006, unless all parties agree, in
writing, to an extension.
C. No alternation or variation of the terms of this Fund Transfer Agreement shall be
valid unless made in writing and signed by both ofthe parties hereto and no oral
understanding or agreement not incorporated herein shall be binding on any of the
parties hereto.
CITY OF SARATOGA
(MEMBER AGENCY)
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
(VTA)
Michael T. Burns, General Manager
Dave Anderson, City Manager
Approved as to Form:
Approved as to Form:
Counsel
City Attorney
Page 4 of 4
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SARATOGA CITY COUNCIL
MEETING DATE: Jau..ary 18j 2006
ORIGINATING DE": h.1i~Works
PREPARED BY: ~ 1t-.;/2.-P
lVI~ffll BQI'tJ.. Aif_nuf~ ~1!Jvs~
AGENDAlTEM:
ClTYMANAGER.:
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DEPT HEAD:
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SUBJECT: Ame......'to,:tIIe a.ta Clara Valley Urbu R,JIaoft'PollutloD ~oa,
Program Agreemftt ' "
R.ECOMMEl'6J~AbflOfflS):
TbisrepOrt rec!)rtmleD.diltbattl:!eCity ColD1cilauthQrize theCjty Manager to si8l1aSJ:cond
~1otheM~l>fAgreeri1ent(MOA)
REPOR't SlIMMARV:
~~on:
The S~ Clara Valley Utintn. RUnoff~oUutionPrevention Prop (SCVURPPPor the
PtO~am)Wis fonne4p..l99Q.otismanyUndet the name SlmtaCl... Valley NonpOint Source
PollUtion Control' PrograU1.ThflPro8t81b WlI$ fonne4 ..a dkectresulfofFedendClean'Water
Act, which reqUited municipalities ~ eontrolpolJutionfromUrlJan tun&ff,or!1OJll'Oint ~of
water pollution, in the SantaCWa Valley. The ProgrllDl's Mernorandwn ofAsreem.<mt (ttlOA)
j()ined the City of SaratPga with twe1ve other cities in S81$ Clara CO\J!1ty,plUS the CoUl:l~ and
the SantaC~ Valley Water District together as "Co-permittees."ThefodOr.a1lym~
~ationaI. Pollutant Di~p ISIirnination SysteJl1 (NPDES) permit w. applied JOf' '1)ythe
ProgrllDl on behalf oftheparlici~ co-permittees.
In 1999, City a,u:nei1 approyed1fJHlrmsion to the MOA that iscUl'tently ineffilct,wIliqkjoins
these Sal11e co-permitt~ un,dcr the ProgrllDl title of Santa Clara Valley Urban RunoffPollution .
Prevention ProgrllDl (SCVVJ.tPPPbtUleProgram),
Discussion:
Assisting mem\Jflr Cities to m:nain.', in Compliance ... with the NPDBS. permit is the primary
function ofSCVURPPP, a. details of Which are contain!:din the originalMOA (Attaclun<mt2).
In February 2005 a first Amend1nent to the MOA was brought forwllt'd. The first arnendmentto
the agreement did not i:hanp tile content or spirit oftheagreem.ertt except to extend the
tenninationdate from Match 10, 2005, indefinitely. The ~ can be terminated by the
City with a 30-day notice, as stated in section 6.03 of the original agreement.
The Santa Clara Valley Water District (Water District) Board rejected the proposed first
amendment and instead directed their staff to negotiate to extend the term for just one year and to
require that an evaluation of the ProgramatldcQSt allocation fonnula be perfonned.
In order for a new agreement to be reached a revised first amendment was approved by all co-
permittees, extending the MOA for one year, through March 10, 2006. The revised first
amendment called for SCVURPP to conduCt a mrjew of the cost shlUing allocation formula and
review the cost of the Program by December 31, 2005. This review was conducted by an
mdependent third party and concluded that the cost sharing was mIme and that the program was
well run on its limited budget. .This vote of confidence in. the management of SCVURPPP and
several negotiation meetings resulted in the proposed Second Amtmdment to the MOA.
There are two key changes ,to the Second Amendment. The first is that the City of Sunnyvale has
taken over the responsibility, previously handled by the Water District, as the fiscal agent for
SCVURPPP. The second change is in the term of the agreement. This agreement expires one
year after the termination of the next NPDESpennit. SCVURPPP is currently in negotiations
with the Regional Water Quality ControlBol!l'dconceming the renewal of our current NPDES
permit; it is expected that the next permit will becOme a regionl!l permit and encompass all the
cities and counties that drain into San Francisco Bay. It is estimated that the renewed permit will
not be issued until late 2006, and the term of the permit will be for at least five years.
Summary:
Membership with SCVURPPP in .not ~datory. butthe'!lSSociated compliance work for the
NPDES permit is, and would need to be perfo~byeither ~affor outside consultants, most
likely at a dramatically higher cost to theCitY.Sfl!ff therefore recornmends that the Second
Amendment of the MOA is 'approved llIIdthe City r~ains associated with the Program.
FISCAL IMPACTS:
None in addition to existing agreement.
CONSEQUENCES OF NOT FOLLOWINGUCOMl\fENDED ACTION(S):
Agreement is not amended and the City will need to attain NPDES compliance independently.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
If amendment to agreement approved,agreement will need to, be forwarded to appropriate
SCVURPPP staff.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
1. SCVURPPP original agreement
2. Second Amendment to MOA
3. First Amendment to MOA
Appendix A
Attachment 1
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
1999 by and between the SANTA CLARA VALLEY WATER DISTRICT
(DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA,
a political subdivision of the State of California; CITY OF CAMPBELL, a municipal
corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of
, the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of
California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of
California; TOWN OF LOS GATOS, a municipal corporation of the State of California;
CITY OF MILPITAS, a municipal corporation of the Slate of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a
municipal corporation of the State of California; CITY OF PALO ALTO, a municipal
corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the
State of California; CITY OF SANTA CLARA, a municipal corporation of the State of
California; CITY OF SARATOGA, a municipal corporation of the State of California; and
CITY OF SUNNYVALE, a municipal corporation of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as .PARTIES' or
individually as "PARTY."
RECITALS:
A. The 1986 Water Quality Control Plan for the San Francisco Bay (Basin Plan),
adopted by the California Regional Water Quality Control Board, San Francisco Bay
Region, in implementation of the Federal Clean Water Act, required that PARTIES
develop a program to control pollution from urban runoff, or nonpoint sources of
water pollution in the Santa Clara Valley. .
B. In furtherance of their responsibilities pursuant to the Basin Plan, the PARTIES have
previously entered into a series of agreements to jointly fund the cost of preparing an
action plan to evaluate nonpoint source pollutants, monitor identified pollutants, and
develop control measures to mitigate or reduce nonpoint source pollution.
Collectively, the measures undertaken pursuant to the previous agreements and
anticipated to continue pursuant to this Agreement, were known as the Santa Clara
Valley Nonpoint Source Pollution Control Program and upon execution of this
agreement henceforth shall be known as the Santa Clara Valley Urban Runoff
Pollution Prevention Program (hereinafter called "Program").
C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33
U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities
to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the
76075_4 MOA
JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 2 of 13
discharge of stormwater to navigable waters. NPDES permits are also required under
Section 402 (p) for any stormwater discharge which the Federal Environmental
Protection Agency (EPA) or a State has determined contributes to a violation of a
water quality standard or is a significant contributor of pollutants to surface waters.
D. Section 402 (p) further required EPA to promulgate regulations for initial NPDES
permit applications for stormwater discharges. The EPA promulgated such
regulations in November 1990.
E. The EPA has delegated authority to the California State Water Resources Control
Board (SWRCB) to administer the NPDES permit process within California and, in
turn, the SWRCB has delegated authority to the California Regional Water Quality
Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the
NPDES permit process within its region.
F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR
adopted the following orders further defining the program that the PARTIES are to
develop and implement:
1. Order No. 90-094 (NPDES Permit No. CA0029718), adopted June 20,1990;
and
2. Order No 95-180 (NPDES Permit No. CAS029718); adopted August 23,1995.
G. In and for the mutual interest of the PARTIES, the PARTIES wish to continue the
Program by entering into this Agreement for the purpose of ensuring continued
participation, in terms of cost and administrative responsibilities.
H. DISTRICT is a local public agency of the State of California duly organized and
existing within the County of Santa Clara. The County of Santa Clara is a political
subdivision of the State of California. All other PARTIES are municipal corporations,
duly organized and existing under the laws of the State of California.
\. The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in
Santa Clara County. The Program is required, as part of its NPDES permit, to
develop and implement a Watershed Management Measures Strategy. The Urban
Runoff Management Plan of the Program contains the Program's Watershed
Management Measures Strategy. This strategy, consistent with the NPDES permit,
coordinates Program activities with the WMI to develop and implement cost-effective
approaches to address specific urban runoff pollution problems. The Program,
through a continuous improvement process, annually reviews the strategy.
76075_<1 MOA
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Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 3 of 13
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS:
Section 1. Santa Clara Vallev Urban Runoff Pollution Prevention Prooram
1.01 The Santa Clara Valley Nonpoint Source Pollution Control Program
("Program") is hereby continued as the Santa Clara Valley Urban Runoff Pollution
Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it
exists, may be modified, or may be reissued in the future (hereinafter referred to as
"NPDES Permit").
1.02 The Program is a collective effort and implementation of area-wide activities,
designed to benefit all PARTIES.
Section 2. Manaoement Committee
2.01 A Management Committee is hereby reconstituted to provide for overall
Program coordination, review, and budget oversight, with respect to the NPDES
Permit
2.02 The Management Committee may as necessary adopt and revise Bylaws for
its governance.
2.03 The Management Committee is the official management and oversight body
of the Program. The Management Committee shall direct and guide the Program
and review and approve the Program Budget The Management Committee shall
consider permit compliance, including benefit to a majority of the PARTIES, as a
primary objective in approving Program tasks and corresponding budgets.
2.04 The Management Committee may periodically re-evaluate and make
recommendations to the PARTIES concerning reallocation of the proportion of the
annual Program contribution that each PARTY shall pay. .
2.05 The voting membership of the Management Committee shall consist of
one designated voting representative from each PARTY. An alternative
voting representative may be appointed by each PARTY. The RWQCB-
SFBR may appoint a non - voting representative and alternate to the
Management Committee.
2.06 A quorum of the Management Committee shall be achieved when at
least nine (9) voting representatives, including at least one (1) representative
from each of City of San Jose and Santa Clara Valley Water District, are
present at any Management Committee meeting.
2.07 Meetings of the Management Committee, including any closed sessions
with Program Legal Counsel, shall be conducted in accordance with the "Brown Acf'
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. . .~"''':%-;j;
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 4 of 13
(Government Code Section 54950 et seq.) The individual parties have differing
opinions on whether the Brown Act legally should be interpreted as applying to
members of the Management Committee. In executing this Agreement, the parties
do not waive their right to take the position that the Brown Act legally does not
apply, but voluntarily agree to follow Brown Act procedures for Management
Committee meetings. Except for official meetings of the Management Committee,
nothing herein shall be interpreted to require meetings between staff members of
the individual Parties (including designated representatives of the Parties) to be
subject to the Brown Act, where the Brown Act would not otherwise apply. Each
party is individually responsible for ensuring that it complies with the Brown Act.
2.08 The affirmative vote of at least eight (8) voting members of the
Management Committee, which collectively contribute at least fifty percent (50%) of
the area-wide Program costs (a 'Majority Vote"), is necessary to approve any
measure brought before the Management Committee. .
2.09 The Management Committee shall be responsible for selecting any
consultant(s) or contractor(s) who are to be paid from Program funds ('Outside
Contractors'), using a process approved by the Contracting Agent, and for
reviewing and approving any contracts with Outside Contractors, including the
scope( s) of work, schedules of performance, use of subcontractors, and
compensation for such Outside Contractors.
2.10 The Management Committee shall select a PARTY or Outside Contractor
to act as Program Manager for the Program. The Program Manager shall be
responsible for Program management and administration, Permit management, and
technical program management all in accordance with the NPDES Permit, this
Agreement, Program Bylaws, and as directed by the Management Committee in the
best interest of the PARTIES as a whole and individually. The Program Manager
shall be paid, from Program funds in accordance with the adopted Program budget,
for providing the services described hereunder. The Program Manager shall not be
responsible for providing program management services related to individual
PARTIES permit programs, but may provide such services under separate contract
with any PARTY or PARTIES.
2.11 The Management Committee may select an attorney (Program
Attorney) or firm that is experienced with the Clean Water Act and Municipal
Stormwater NPDES Permits to provide legal advice to the Management
Committee on all matters involving administration of the Program's NPDES
permit and such other matters upon which the Management Committee may
seek legal advice or request legal representation. Program Legal Counsel
shall not be responsible for providing legal advice related to permit
compliance to individual PARTIES, but may provide such services under
separate contract with any PARTY or PARTIES. The Program Manager may
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JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 5 of 13
assist in coordination of activities with the Program Attorney but shall not give
direction without prior authorization from the Management Committee.
2.12 The Management Committee shall establish timelines and budgets for
completion of Program tasks. The Management Committee shall rate the
performance of the Program, and in turn rate the performance of the Program
Manager, based upon the Program's ability to meet such approved timelines and
budgets.
2.13 The Management Committee, through its Bylaws, may establish
procedures for tracking, eccounting for, and auditing the Program Fund.
Section 3. Prooram Budoet
3.01 A collective budget for the Program (Program Budget) shall be based
upon a projection of two consecutive fiscal year cycles, however, the Budget shall
be adopted for only one fiscal year cycle. The Budget shall include a
Contingency/Reserve Fund which shall not exceed ten percent (10%) of the
operating costs of the adopted Budget.
3.02 The PARTIES shall each pay a yearly assessment into a fund established
for Program operations for their assigned portion of the Program Budget. The
proportionate share of the Program Budget that each PARTY shall pay is shown in
the schedule marked Exhibit A hereto and incorporated by reference herein.
3.03 Except as provided in Section 6.03, the ending fund balance at the close
of each fiscal year shall be disbursed annually to the PARTIES, or credited to the
PARTIES' share of the next fiscal year's costs, in accordance with the PARTIES
defined participation rates, as requested by each PARTY.
SeCtion 4. Contractino/ Fiscal Aoent
4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the
Program.
4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the
provision of ninety days (90) days written notice to the Management
Committee.
4.03 In the event that the Contracting/Fiscal Agent withdraws from the
Program or from providing Contracting/Fiscal Agent services to the Program,
another PARTY may serve as a successor Contracting/Fiscal Agent. Any
PARTY willing to serve as successor Contracting/Fiscal Agent may be
nominated by another PARTY. Selection of a Contracting/Fiscal Agent must
be by majority vote of the Management Committee.
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JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 6 of 13
4.04 The Contracting/Fiscal Agent shall act in a reasonable amount of
time to execute contracts with Outside Contractors, including the Program
Manager, which have been requested and approved by the Management
Committee.
4.05 The Contracting/Fiscal Agent shall be the treasurer of Program
funds. The Contracting/Fiscal Agent, in a=rdance with generally accepted
accounting procedures, shall keep the Program funds segregated from any
other funds administered by the ContractinglFiscal Agent; shall credit the
Program with appropriate interest income earned on Program funds in each
fiscal year; and shall not expend any funds except in accordance with the
annual budget approved by the Management Committee or as otherwise
directed by the Management Committee.
4.06 The Contracting/Fiscal Agent shall provide a copy of any contract
executed on behalf of the Program to any PARTY or person designated by
any PARTY or the Management Committee upon request. The goveming
body of the Contracting/Fiscal Agent, at its discretion, may delegate authority
to execute agreements and contracts approved by the Management
Committee, to a designated employee. Notice of any such delegation of
authority shall be provided to the Management Committee.
4.07 The Contracting/Fiscal Agent may request, as part of the annual
Program Budget, reimbursement for reasonable and customary costs
incurred in providing the services described hereunder. Reimbursement to
the ContractinglFiscal Agent shall be subject to Management Committee
review and approval as part of the Program Budget.
Section 5. Ancillarv Riohts and Duties of the Parties
5.01 In addition to the participation in the Management Committee, the
PARTIES accept and agree to perform the following duties:
1. Each will comply with the NPDES Permit conditions set forth in its
Community-Specific plan;
2. Each will participate in Management Committee meetings and other
required meetings of the PARTIES;
3. Each will implement its Community-Specific program;
4. Each will provide certain agreed upon reports to the Program for
purposes of reporting, on a joint basis, compliance with applicable
provisions of the NPDES Permit and the status of Program
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JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 7 of 13
implementation; and
5. Each will individually address inter-agency issues, agreements or
other cooperative efforts.
5.02 This Agreement does not restrict the PARTIES from the ability to
individually (or collectively) request NPDES Permit modifications and/or initiate
NPDES Permit appeals for permit provisions to the extent that a provision affects an
individual party (or group of PARTIES); however, any such PARTY (or PARTIES)
shall make reasonable efforts to provide advance notice of their action to the other
PARTIES and allow them to comment upon or join in their action before proceeding.
Section 6.
Term of Aoreement
6.01 The term of this Agreement shall commence on the date the last duly
authorized representative of the PARTIES executes it
6.02 This Agreement shall have a term of five (5) years.
6.03 Any PARTY may terminate its participation in this Agreement by giving
the Chair of the Management Committee at least thirty (30) day written notice. The
terminating PARTY will bear the full responsibility for its compliance with the
NPDES Permit commencing on the date it terminates its participation, including its
compliance with both Community-Specific and Program-wide responsibilities.
Unless the termination is scheduled to be effective at the close of the fiscal year in
which the notice is given, termination shall constitute forfeiture of all of the
terminating PARTY's share of the Program Budget, for the fiscal year in which the
termination occurred (both paid and obligated but unpaid amounts). In addition,
unless notice of termination is provided at least ninety (90) days prior to the date
established by the Management Committee for approval of the budget for the
succeeding fiscal year, termination shall constitute forfeiture of all of the terminating
PARTY's share of any unexpended, unencumbered funds remaining from all
previous fiscal years. The cost allocations for the remaining PARTIES' may be
recalculated for the following fiscal year by the PARTIES without the withdrawing
PARTY's participation.
Section 7. General Leoal Provisions
7.01. This Agreement supersedes any prior agreement among all the PARTIES
regarding the Program, but does not supersede any other agreements between any
of the PARTIES.
7.02 This Agreement may be amended by unanimous written agreement of the
PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement
to their Councilor Board, as applicable, within three (3) months following
acceptance by the Management Committee.
76075_4 MOA
JRG:MGO 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 8 of 13
7.03 This Agreement may be executed and delivered in any number of copies
("counterpart") by the PARTIES, including by means of facsimile. When each
P ARTY has signed and delivered at least one counterpart to the Program, each
counterpart shall be deemed an original and, taken together, shall constitute one
and the same Agreement, which shall be binding and effective as to the PARTIES
hereto. '
7.04 No PARTY shall, by entering into this Agreement, participating in the
Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent,
Program Manager, and/or Legal Counsel, assume or be deemed to assume
responsibility for any other PARTY in complying with the requirements of the
NPDES PellTlit. This Agreement is intended solely for the convenience and benefit
of the PARTIES hereto and shall not be deemed to be for the benefit of any third
party and may not be enforced by any third party, including, but not limited to, the
EPA, the SWRCB, and the RWQCB-SFBR, or any person acting on their behalf or
in their stead.
7.05 In lieu of and notwithstanding the pro rata risk allocation which might
otherwise be imposed between the PARTIES pursuant to Government Code Section
895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY shall not
be shared pro rata but instead the PARTIES agree that pursuant to the Government
Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and
hold harmless each of the other PARTIES from any claim, expense or cost, damage
or liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of the negligent acts of omissions or willful misconduct of the
indemnifying PARTY, its officers agents or employees, under or in connection with
or arising from any work, authority or jurisdictions delegated to such PARTY under
this Agreement, including but not limited to any non-compliance by a PARTY with its
obligations under the Program NPDES Permit. No PARTY, nor any officer, board
member, employee or agent thereof shall be responsible for any damage' or liability
incurred by reason of the negligent acts or omissions or willful misconduct of the-
other parties hereto, their officers, board members, employees or agents under or in
connection with or arising from any work, authority or jurisdictions delegated to such
PARTY under this Agreement, including but not limited to any non-compliance by a
PARTY with its obligations under the Program NPDES Permit.
7.06 In the event that suit shall be brought by either party to this
contract, the Parties agree that venue shall be exclusively vested in the state
courts of the County of Santa Clara, or where otherwise appropriate,
exclusively in the United States District Court, Northern District of California,
San Jose, California.
I I /
76075_4 MOA
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Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 13 of 13
EXHIBIT A '
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM
SCHEDULE OF COST-SHARING PROPORTIONS
Proportional Share
Jurisdiction
Campbell 1.88%
Cupertino 2.46%
Los Altos 1.59%
Los Altos Hills 0.43%
Los Gatos 1.74%
Milpitas 2.75%
Monte Sereno 0.14%
Mountain View 3.91%
Palo Alto 4.06%
Santa Clara 6.23%
Saratoga 1.59"k
Sunnyvale 7.25%
SanlaClara County 5.94%
Subtotal
39.97%
San Jose
District
30.01 %
30.02%
TOTAL
100.00%
76075_4 MOA
JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
"
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below. .
SANTA CLA.RA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLA.RA, a public entity of the State of California
Date:
APPROVED AS TO FORM:
By:
Chair, 80ard of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF rJlM'Pl'\;:'T T,
Date: .12/7/99
By: ~Y-#~
N'
ame: '0....1-.......__ Y;tb~
Title: 'P"h1; I"'" Wl""'lrkc: T"'li ""='-~or
APPROVED AS TO FORM:
By: t';J:r-~~_____
,
Name: William R. Selicnn..nn
Title: City Attorney
76075_4 MOA
JRG:MGD 10119/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRlCT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF CUPERTINO
Date: 11- G1-c:r 7
~(
. I ame: John Statton
Title: Vice Mayor, City of Cupertino
:~7AY
ame: Charles Kilian
Title: City Attorney
runoff agreement
JRG:MGD 10119/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 90f13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF LOS ALTOS
:::~d~
Name: Philip E. Rose
Title: City Manaoer
APPROVED AS TO FORM:
By:
Name:
Title:
W~;rI\
Robert K. Booth
City Attornev
MOA.doc
JRG:MGD 10/19/99
./
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 9 o( 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA, a public entity of.the State of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
A TrEST:
Date:
By:
CITY OF los Altos Hills
Date: 1/6/00
By: ~fl-
Name: Mark Miller
Title: City Manager
76075_4 MOA
JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT
Appendix A
CITY OF
CAMPBELL
Date:
By:
Name:
Title:
TOWN OF LOS GATOS
Date: l Z-. 2.- "i 4
~0 ./
BY:Name: ' J/D~~ PI'
Title: "10......... lJ-.. .:i.......
CITY OF _MONTE SERENO_
Date:
By:
Name:
Title:
CITY OF _SARATOGA
Date:
By:
Name:
Title:
MOAfinal
APPROVED AS TO FORM:
By:
Name:
Title:
Page 100f13
APPROVED AS TO FORM:
By: ~f. r~
Name": ~ P. it()/l.$
Title: '/(}1,JN AncA.III~'7/
APPROVED AS TO FORM:
By:
Name:
Title:
A'l'TCCT. I'
I .~...l 'lll -;......c..
I' ,
--.... {. '
'--_.:- "" 'Y' \
Ilt~;. . f ~ ,......,
.. ~,-__...t~."_,.",,,,,,l..
. ,
~~RIAN v. CCSGRO~
TOWN CLERK 'j
APPROVED AS TO FORM:
By:
Name:
Title:
JRG:MGD 10119/99
Appendix A
COUNTY OF .SANT A CL"'RA, :l public entity of the Stlte of C:1lifomi:l
Date:
APPROVED AS TO FORM:
By:
Ch:lir, BO:lrd of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF Milpi tas
:::e: (JZ;-)~:: r
~e:,T""'!l:lo ("";r!-roSl'~nn
~-_e:Actina Citv Manaaer
APPROVED AS TO FORlv!:
By:
CITY OF
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
By:
Name:
Title:
CITY OF
Date:
APPROVED AS TO FORlv!:
By:
Name:
Title:
By:
Name:
Title:
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
CITY OF
CAMPBELL
Date:
By:
Name:
Title:
TOWN OF LOS GATOS
Date:
By:
Name:
Title:
CITY OF _MONTE SERENO_
:~re ~:I F/4
Nam.. "<ok ,u a,
Title: Mayor
CITY OF _SARATOGA
Date:
By:
Name:
Title:
MOAfinal
Page 10 of 13
APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title:
.
:P~ORM
N' . obert Loaan
Title: City Attorney
APPROVED AS TO FORM:
By:
Name:
Title:
JRG:MGD 10/19/99
Appendix A
JRG:MJD
1 0/19/99
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA ClARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
APPROVED AS TO FORM:
By:
Deputy County Counsel
By:
Chair, Board of Supervisors
ATTEST:
Date:
By:
CITY OF Mov."'\h\'\ View
APPROVED AS TO FORM:
Date:
By: ~~-~~
Name:
Title:
By:
Name:
Title:
CITY OF
7607.5_ 4.doc
10
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair. Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA. a public entity of the State of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF h /i, /-J l-fo
/)
~ /;'
//
/'/, . /1." ..-;
, /. .,' ./.....' .....f
/, ''''/(-y-''//''''~'''
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. ~ ;~ ~ ..... ,....~.:-
Name- ',.' ,"U ,;"~;: ',OJ r /
. ''.','' .. 11'-",. ...,...-
Title: .1." L i/,"7
.,?'
..,
v."'\....-
APPROVED AS TO FORM:
By: ~ LJ. 04- ,
Name: .s.u~....V'\ vJ, Qll~~
Title: .5.....'1 '.0..... A-,,;rt. Q.~~ ~1-1'\eur
Date:
MOA 10-28-99,doc
JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREE.MENT
CITY OF
Date:
By:
Name:
Title:
CITY OF SANU CLARA
'Date: November 30, 1999
Date:
By:
Name:
Title:
CITY OF
Date:
By:
Name:
Title:
NPS Model MOA 1999
Page 12 of13
APPROVED AS TO FORM:
By:
Name:
TItle:
APPROVED AS TO FORM:
By: ~- ~~'
Name: fl..~^"A \2.~ \ Cl..'Et:
Title: \)~ Pu1't' c:rrT A'T7c,R..uc'l'
, APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title:
JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT
<,
CITY OF
Date:
By:
Name:
Title:
CITY OF --2lrRA,06A
D t '7'l b. / /~CCI
ae: I/IJ.f.m VI _7I.
.
CITY OF
Date:
By:
Name:
Tille:
CITY OF
Date:
By:
Name:
Title:
76075_4 MOA
Page 12 of 13
APPROVED AS TO FORM:
By: '
Name:
Title:
APPROVED AS TO FORM:
==-- -
By:
Name:
Title:
'~;r:.\"c>,~ '''''ll'l
L ,'r', {j, t+c:., '\"-i
, (
APPROVED AS TO FORM:
By:
Name:
Tille:
APPROVED AS TO FORM:
By:
Name:
Tille:
JRG:MGD 10/19/99
Appendix A
.
SCVVRPPP MEMORANDUM OF AGREEMENT
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the $tate of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF sunnyvale
By:
Name:
Title:
APPROVED ,AS TO FORM:
By: c' M.~ ,4,'h.,._,,~-;z?-
Name: Valerie J. Armenta
Tille: City Attorney
76075_4 MOA.doc
JRG:MGD 10/19/99
.
SCVURPPP MEMORANDUM OF AGREEMENT
Appendix A
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
By:
Chair, Board of Directors
By:
General Manager
APPROVED AS TO FORM:
By:
General Counsel
ATTEST:
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: DEC 1 4 1999
~h~l~ -
CITY OF
Date:
By:
Name:
Title:
APPROVED AS TO FORM~
B~~~ otc /VY\J.-'l
Deputy Coun Counsel
""".
C
ATTEST:
Date: DEC 14 1999
'O.Q
p tis A. Perez. CIeiIC cY
Board of Supervisors
By:
APPROVED AS TO FORM:
By:
Name:
Title:
Appendix A
~
0,
SCVURPPP MEMORANDUM OF AGREEMENT
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body ,corporate and politic of the State of
Califomia
Date:
By. ~ /. J-l.
Chai, 0 of Directors
DEe 2 1 1999
APPROVED AS TO FORM:
~~
General unsel
ATTEST:
~// "//
B ' h;~~ Deate\;:/ -VI /
Ge"~1 ",.; ~ D\ "li~.
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF
Date:
APPROVED AS TO FORM:
By:
Name:
Title:
By:
Name:
Title:
76075_A MOA
JRG:MGC 10/19/99
.
Appendix A
..
JRG:MJD
3/5/00
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the Slate
of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Directors
By:
General Counsel
ATTEST:
By:
General Manager
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
By:
Deputy County Counsel
ATTEST:
Date:
By:
CITY OF SAN JOSE
Date: "8./'0, t5D APPROVED AS TO FORM:
By: ItJLW.-(dCJvllJlf ' By: N(J{b.;~/rOe4
t-- N.8me: Jenn fer<f):1~~'tire ..> Name: Mollie . Dent
Title: Assistant to the City Manager Title: Senior Deputy City Attorney
76075_4
10
Attachment 2
SECOND AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA V ALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and
between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of
the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of
the State ofCalifomia; CITY OF CUPERTINO, a municipal corporation of the State of
California; CITY OF LOS ALTOS, a municipal corporation of the State of California;
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California;
TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN
VIEW, a municipal corporation ofthe State of California; CITY OF PALO ALTO, a
municipal corporation of the State of California; CITY OF SAN JOSE, a municipal
corporation of the State of California; CITY OF SANTA CLARA, a municipal
corporation ofthe State ofCalifomia; CITY OF SARATOGA, a municipal corporation
of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State
of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of
California.
All of the above-mentioned entities are hereinafter collectively referred to as
"Parties" or individually as "Party."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For
Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(the "Agreement" or "MOA") pursuant to which the Parties established certain terms and
conditions relating to the implementation and oversight of the Santa Clara V alley Urban
Runoff Pollution Prevention Program (the "Program"), including a cost sharing
allocation, which was appended thereto as Exhibit A. A copy of the Agreement,
including Exhibit A, is attached hereto as Appendix I. Unless otherwise set forth herein,
all terms shall have the meaning set forth in the Agreement;
B. The Agreement originally provided for a five year term, which, based on
its execution, was set to conclude on or about March 10, 2005. However, on or about
February 20, 2005, the Parties unanimously entered into a First Amendment to the
Agreement (attached hereto as Appendix 2), which extended the term of the Agreement
by one additional year and, during that year, directed the Program to undertake a
management and cost allocation review. The Program used an independent contractor to
conduct the management and cost allocation review, which was completed and submitted
to the Management Committee in November 2005;
I
C. The Parties expect to utilize the Program to continue to represent their
interests in negotiating the terms of a renewed NPDES Permit, which may manifest itself
in a Municipal Regional Permit ("MRP"), in 2006, and to otherwise address a variety of
matters related to assisting the Parties in effectuating compliance with the Permit and/or
MRP after March 10, 2006;
D. The Parties also expect to continue to utilize the Program's preferred
approach of achieving consensus to resolve issues and reach decisions, and to rely on the
Majority Vote mechanism set forth in Section 2.08 ofthe Agreement at the Management
Committee level only when consensus-based resolutions appear or become elusive;
E. The Parties desire to update the Agreement and extend the term of the
MOA as set forth below;
F. Section 7.02 of the MOA provides that it may be amended by the
unanimous written agreement of the Parties and that all Parties agree to bring any
proposed amendments to their Councilor Board, as applicable, within three (3) months
following acceptance by the Management Committee; and
G. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and/or Boards at its meeting on December 15, 2005.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
I. Recognition of Current Permit. Recital F of the Agreement is hereby
amended by the following additional subsections:
3. Order No. 01-024 (re-issued NPDES Permit No. CAS029718); adopted
February 21, 2001;
4. Order No. 01-119 (Modification to re-issued NPDES Permit No.
CAS029718); adopted October 17,2001;
5. Order No. R2-2005-0035 (Further Modification to re-issued NPDES
Permit No. CAS029718); adopted July 20,2005.
2. Cost Sharing Allocation. Effective with fiscal year 2007, the following
footnote shall be deemed to have been added to "Exhibit A" of the MOA and to be shown
by means of an asterisk placed immediately following the Proportional Share of
"30.02%" shown for the District:
*One-third of the District's 30.02% contribution is expected to be from funding
derived by the District from Outcome 2 and Activity 2.5 of the voter-adopted
Clean Safe Creeks program; the remaining two-thirds of the District's
contribution is expected to be derived by the District from property tax revenues.
2
3. Contracting/Fiscal Agent. Section 4.02 of the Agreement is hereby replaced
by the following:
In March 2005, the District notified the Management Committee that it
was withdrawing as the Contracting/Fiscal Agent within ninety (90) days;
the City of Sunnyvale thereafter agreed to serve as the ContractinglFiscal
Agent and was nominated to do so by another Party and selected as the
Program's ContractinglFiscal Agent by a majority vote ofthe
Management Committee. The City of Sunnyvale may withdraw as the
Contracting/Fiscal Agent upon the provision of ninety (90) days written
notice to the Management Committee.
4. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the
Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year
beyond the termination date of the next NPDES Permit issued to
the Parties by the RWQCB-SFBR; such termination date shall,
include any administrative extension of the next NPDES
Permit's term which occurs pursuant to the NPDES regulations.
5. Superseding Effect. This Second Amendment of the Agreement shall
supersede and replace the First Amendment of the Agreement.
[remainder of page intentionally blank]
3
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of
March 10, 2006.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of
: By:
Name:
Title:
Date:
4
Appendix 1
Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10,2000
Appendix 2
First Amendment to Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10,2005
.
Attachment 3
FIRST AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION
OF
THE SANTA CLARA VALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAM
This first amendment to Agreement providing for implementation of the Santa Clara
Valley Urban Runoff Pollution Prevention Program (THE "Amendment") is entered into by and
between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of
Califomia ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California;
CITY OF CUPERTINO, a municipal corporation of the State of Califomia; CITY OF LOS
ALTOS, a municipal corporation of the State of Califomia; TOWN OF LOS ALTOS HILLS, a
municipal corporation of the State of Califomia; TOWN OF LOS GATOS, a municipal
corporation of the State of California; CITY OF MILPIT AS, a municipal corporation of the State
of California; CITY OF MONTE SERENO, a municipal corporation of the State of Califomia;
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO
ALTO, a municipal corporation of the State of Califomia; CITY OF SARATOGA, a municipal
corporation of the State of Califomia; CITY OF SAN JOSE, a municipal corporation of the State
of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY
OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA
CLARA, a municipal corporation of the State of Califomia.
All of the above mentioned entities are hereinafter collectively referred to as "Parties" or
individually as "Party"
RECITALS
A. The Parties previously entered into that certain Agreement Providing For
Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(the "Agreement" or "MOA") pursuant to which the Parties established certain terms and
conditions relating to the implementation and oversight of the Santa Clara Valley Urban
Runoff Pollution Prevention Program (the "Program"). A copy of the agreement is
attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have
the meaning set forth in the Agreement:
B. The Agreement provided for a five-year term, which, based on Its execution, is
currently set to conclude on or about March 10, 2005;
C. The Parties expect to utilize the Program to submit a reapplication for the
NPDES Permit in early 2005 and to otherwise address a variety of matters related to
assisting the Parties in effectuating compliance with the Permit after March 10, 2005;
D. The Parties therefore desire to extend the term of the MOA as set forth below:
E. Section 7.02 of the MOA provides that it may be amended by the unanimous
written agreement of the Parties and that all Parties agree to bring any proposed
amendments to their Councilor Board, as applicable, within three (3) months following
acceptance by the Management Committee; and
1
.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Section 6.
Section 6.02 of the Agreement is hereby amended as follows:
6.02.01 This Agreement shall continue in full force and effect for an additional
one year beyond its original termination date of March 10. 2005, unless
otherwise terminated by the Parties in accordance with Section 6.03.
Section 2.
Section 2.04 of the Agreement is hereby amended as follows:
2.04.01 The Program shall conduct an independent review by December 31,
2005 to evaluate the MOA's cost allocation formula and evaluate the
term, scope and cost of the Program MOA.
2
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of
: By:
Name:
Title:
Date:
3
. I
IN WITNESS WHEREOF, The Parties have executed tt:lis Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District
County of Santa Clara: By:
City of
:~~~h~~:;~
Title: C SC;)
Date: .::2j;!:/o~
Name:
title:
Date:
: By:
Name:
Title:
Date:
3
. (~f~~~~~~i1k:~~~\~lf~,>.~:mri~]t~t'.;~'if~~~~~
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District
:~~~~!~
Title: C &d
Date: ::2..j; ,e;1C'.r-
County of Santa Clara: By:
Name:
Title:
Date:
~~
---
City of Campbell
: By:
Name:
Robert Ka..
Title:
lnter~ City Manager
Date:
-4~\o~
\
3
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOllOWS:
Section 6. ,
Section 6.02 of the Agreement is hereby amended as follows:
6.02.01 This Agreement shall continue in full force and effect for an additional
one year beyond its original termination date of March 10, 2005, unless
otherwise terminated by the Parties in accordance with Section 6.03.
Section 2.
Section 2.04 of the Agreement is hereby amended as follows:
2.04.01 The Program shall conduct an independent review by December 31,
2005 to evaluate the MOA's cost allocation formula and evaluate the
term, scope and cost of the Program MOA.
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10. 2005.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara:
By:
Name:
Title:
Date:
SlsJuJ L~l~
))AJ ({) W (~N A()~)
~)~
~. (O.OS
City of Cupertino:
By:
Name:
Title:
Date:
2
u
IN WITNESS WHEREOF, th., Parrics ha,'e executed this :\mcmlmcllt cffecrin as of
tllareh 10,2005.
Santa Clara Valley Water District: Ily:
I"ame:
Title:
Date:
COUDtyofSlU1tSl Clara: Ih~
Kame:
Title:
Date:
~r~.
t--iamc: Philip E. Rose
-\(j'
\j
City of Los Alcos_:
By:
Title: City ~[,magcr
Date:
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10,2005.
Santa Clara Valley Water District By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Altos Hiffs: By:
"
~
I
!
/'
Titie:
Name: Maureen Cassingham
'-,
Date:
City Manager
/ ! a/V!.l<;, ~ 1ho5"
, /
3
IN WrTNESS WHEREOF"The Parties have executed this Amendment effective as of
March 10, 2005.
Santa ctsra Valley Water District By:
Name:
Title:
Date:
County of Sants Cblra: By:
Name:
Title:
Date:
"-
Town of Los Gsro.: By:
Date:
Approved as to Fomr By:
~~
Debra ::r ~g Manager
a ~ 0::)
Orb, Town Attomey
Date: ' '1-0;:;-
Attest By:
Date:
3
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Section 6.
Section 6.02 of the Agreement is hereby ameoded as follows:
oJ)2 This Agreement shall continue in full force and effect for an additional
one year beyond its original termination date of March 10. 2005, unless
otherwise terminated by the Parties in accordance with Section 6.03.
Section 2.
Section 2.04 of the Agreement is hereby amended as follows:
2.04 The Program shall conduct an independent review by December 31, 2005
to evaluate the MOA's cost allocation formula and evaluate the term,
scope and cost of the Program MOA.
IN WITJliESS WIlEREOJI, The Parties have executed this Amendment as of March 10. 2005.
Santa Clara Valley Water Di.~trict: By:
Name:
Title:
Date:
COli Illy of Santa CiIlra: By:
Name:
Title:
Cityof MILPITAS
:
By:
Date:
APPROVED
:z./(!! /N'~!5
pA.rr- I'
'~?-.:;.
~>pf:"'_-
ClTV ATTORNEY
Title:
Actin~ City ~~nager
Date:
--'
2
L
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
Name:
TItle:
Date:
County of Santa Clara: By:
City of rrJo,+e. ~
Name:
Title:
Date:
: By:
Name:
r:IJ'~~~
...1>[',''::;'" I r,c.J~./'l+h",~
Title: ~ (l/)/VIOCr-p.r
Date: ~)
3
IN WIT~ESS WHEREOF. The P"rtics IUl\'c C,ccutL-d th;, Amendment ellee,t;ve as lIl'
March lll. 2005.
Sanra Clara Valle)' Warer Di..rricr:
Counry afSama Clara: By:
City of Mounraill View: By:
Dy:
Name:
Title:
Date:
Name:
Title:
Date:
Name:
Title:
Date:
)/~,
Kevin DuIZl!an
Cit\' Mananer.. _
~ ",~Do5
3
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Dale:
City of Palo Al to
: By:
~~
Name: Jim Burr:h
Tille: Mavor
Date: March 10, 2005
3
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10. 2005.
Santa Clara Valley Water District By:
Name:
Title:
Date:
County of Santa Clara:
By:
Name:
Tille:
Date:
City of Saratoga:
By:
& --.::; ~./
Name: Dave Anderson
Title: Citv Manaoer
Date: ::> 10, c.''')
A lTEST:
CityC1erk~- C
~-
\.
"
3
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of
March ]0, 2005.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
City of San Jose:
.,~' -'-_._~' w'
, , '~' ..,.. .
.
--.... ~. .. -.- '-
~ .' . . .. . ...' .... .'
....... H ,. ....; ~ .' . '. , ..... ..l;.
.C;~:."f .::..~.. ~.."",;~ ~:)_~
Title:
Date:
By:
Name:
Title:
Date:
-,.~~a-
ASSIStANT TO THE GllY MANAGER
)-\D-of
3
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005,
Santa Clara Valley Water District By:
County of Santa Clara: By:
City of So.N\ <kt r Inr-o
Name:
Title:
Date:
Name:
Title:
Date:
::~e: d:~.t;,?th:;~o
Tille: <",_/1 If rY\ '" Y\/A 9 e r
Date: t'Y\a.f"c:.h ~ ~()oS
.
~~$7
City Clerk
3
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10.2005.
Santa Clara Valley Water District By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Tille:
Date:
City of Sunnwa/e: By:
Name:
Title:
Dale:
Approved as to Form:
By:
Name:
Title:
Dale:
~1hA, k-t_
Amv Chan 0
City Manaoer
Actina City Attornev
3
,.d. .,.
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara ValMY Water District. By:
Name:
TItle:
Date:
County Df Santa Clara: By:
Name:
TItle:
Date:
City of
: By.
Name:
Trtle:
Date:
=i~li!~~eg~~sors
Date: MAR 0 1 2005
Approved as to form and legality:
~c:rTh~ ~ IVY\ U\
Ka~y Kret mer, Deputy County Counsel
Dete: ...2: 11'1; ( Os.
SCVURPPP FIRST AMENDMENT
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awa BOARD OF SUF'ERVlSOaa
MAR 0 l' 2005 ,---
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SARA'1'OGACITY COUNCIL
MEETING DATE: January 18, 2006
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CITYMANAGER: &JJ C/ -
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AGENDA ITEM:
0, RlGINA,TINGDEPf',_q
PREPARED BY: \~. .
Iveta Harvancik, Assoc. Enginfllr
SUBJECT: Trail and Bikeways Maps for the CltyWebslte
, .
RECOMMENDED ACTION(S):
Approve following maps.for posting on the City website:
1. Heritage, Loop Trail
2. Parker Ranch Trails
3. Bikeways Map
REPORT SUMMARY:
In preparation for the City's 50th anniversary celebration, attached maps were created to aSsist
Spoga residents to beconle more familillf with some of the existing pedestrian, equestrian
and bicycle facilities in the City., Heritage I..qop Trail and Parker RJmch Trails were developed
with valuable inpu~ of members of, Pedestrian, Bicycle &. Trails' Committee (pBTC). In
addition, trail signs win be . installed in the near future alons trail routes to indicate trail
directions at ,intersecting trails, turns or in densely vegetated areas. Three larger signs win, be
installed at Parker Ranch trailheads showing the Pllfker Ranch trail Systetn.
Bicycle routes map was prepared based on VTA's Bikeways Map with additional bicycle
routes recommended by the PBTC.
All attached maps, if approved by Council, will be posted on the City website for general
public use. Furthermore.' hard copies of the maps can be distributed during the anniversary
cele~tion events, such as walking tours or ,group hikes.
FISCAL IMPACTS:
None in addition to the adopted budget.
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CONSEQUENCES OF NOT FOLLOWlNG.1U1CO~NDED ACTION(S):
The maps will not be posted on the City website.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
MIS staff will post the maps on the City website. '
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
1. Heritage Loop Trail
2. Parker Ranch.Trails
3. Bikeways Map
20f2
, '\l...
,., TRAIL
Ciil CROSSING SIGNS
DOGS ON LEASH
Heritage Loop Trail
TRAIL LENGTHS:
Heritage Loop Trail Length - 4.5 miles
Montauk Drive Connection - 0.5 mile
Carnelian Glen/Douglass Ln. Connection - 1 mile
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Parker Ranch Trails
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HIKING OR HORSEBACK RIDING ONLY . . .
NO BIKING Prospect Road to Trail Crossing - 1.3 mile
NO PARKING LOT AVAILABLE Trail Crossing to Fremont Older - 0.5 mile
DOGS ON LEASH . TRAIL HEAD
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~'Bike Route Not Striped - Use Caution (Class 3)
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~Expressways - Bikes Permitted
_ Parks and Open Space
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S.i\RATOGACITY cOUNClL
MEE'n:~G DAtE: JUll1ll'Y 18,2006
ORIGINATING ))En~ l'ubUe Works
PR~~D8~:< I~.q
Iveta Harvaadk, Assoe. Eagmeer
AOEl"iQA ITEM:
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CITY MANAGER:
DEYfaE~~oa~~r
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SU8JECT: Joilat Use Aa.....tnvjtb SlUIta C..... vaHey w.tedDistriet for IWk
~,at Olll'diber ParklUld a Portioa of Saratoca Creek at Via MClIIte
Drive
RECO~NDED ACfI<)N(S):
Authorize the City Manager to execute following agreements with Santa Clara Valley Water
District: '
1. Joint Use Agreea1eJrt fotPark~tl!t,~}'1lfk
2. Joint Use Agreement for a Portion of Saratoga Creek: at Via Monte Drive
REPORT SUMMARY:
1'heCity entered into a Lease Agreement with the Santa Clara Valley Water District {Di$trict)
in March 1975toall()~ {orrecrelltio~ use ofDi~tril;t ~<a1ong Wil!ica.t Cl'eCk ,at
Gardiner P~.,~ ~C!i(was for a perip4 of2S YQlttS and # expired in Man:h of2000. A
copy ofthe,~ i~@clOsc.l,d.
Similarly, in DtlCembeJ:,()f 198{l, the CiWCIltered into ,another ~~t with the '
District to, allow for construotion and public ,use of a pathway' oft })istrict properly along
Saratoga Creek ~,~t1and Drive, and Via Monte ,Drive. The aireement was for a perio<l
of25 years and it expired in Decen1ber of 2005. A copy of this agreement is enclosed.
Presently, pathways are installed and used by public in both locations. Staff believes, it is in the
City's best intere$t to continue use of the: District's property along GlItdin(ir Park and at Via
Monte Drive. A~hed ,are ne:wjoint useagre:ements RDeWing the expired agreements for a
period of 20 years. If exClC\(ted,the City will be able to continue to use the premises for trail
purposes.
- .
FISCAL IMPACTS:
None in addition to the adoptedb~t ,
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CONSEQUENCES OF NOT FOLLOWING RECOMl\fENDED ACTION(S):
One or both Joint Use Agreeutllfits would not be executed and 1heCity would not be permitted to
use the District's land for~ferenced purposes.
ALTERNATIVE ACTI()N(S):
N/A
FOLLOW UP ACTION(S):
City Clerk will fOrward executed agreements, to Santa Clara Valley Water District
ADVERTISING, NOTICING AND PUBLICC(}NTACT:
N/A
ATTACHMENTS:
I. Joint Use Agreement for Park Easementat Gardiner Park- proposed
2. Wildcat Creek/Gardiner Park Le8$e Agreement dated MatCh II, 1975 - expired
3. Joint Use Agreement for a ,Portion of Saratoga Creek betWeen Scotland Drive and Via
Monte Drive - proposed. . '
4. Lease Agreement dated December 9, 1980. expired
20f2
File: City of Saratoga
X-File: 2030-8, 2030-15
JOINT USE AGREEMENT
for Wildcat Creek at Gardiner Park
SANTA CLARA VALLEY WATER DISTRICT, a public entity, hereinafter referred to as "District;"
and the City of Saratoga, a municipal corporation of the State of California, hereinafter referred to as
"City;" AGREE this day of . 2006, as follows:
RECITALS:
A. District is the owner of certain real property (hereinafter "the Premises"), described on
"Exhibit A" hereto, so marked and by this reference made a part hereof. Premises are located
on Wildcat Creek.
B. City and District recognize that the Premises are regnlated by a variety of federal, state, and
local agencies.
C. City and District, in cooperation with the California Department of Water Resources, the U.S.
Army Corps of Engineers, and the California Department of Fish and Game, agree to use the
Premises for nonvehicular (except for maintenance, emergency, and enforcement vehicles) and
recreational purposes and for flood control and water conservation purposes.
D. City has ascertained that adequate funds have been appropriated to construct and operate its
proposed facilities on the Premises and that adequate funds have been appropriated to meet all
of its obligations contained in this agreement.
E. The parties find it to be in the public interest to provide for joint use of the Premises by means
of an Agreement thereof under the following terms and conditions:
AGREEMENT:
I. District shall and does hereby grant permission to City to use the Premises for the following
purpose or purposes and subject to the following special restrictions:
. Bicycle and/or pedestrian trail, including appurtenances such as signs, fencing, and gates
approved by the District and evidenced by issuance of a District permit.
. Public access to the Premises shall be passive in nature. Picnic facilities, barbeques, fires,
swimming, boating, rafting, dogs or other domestic animals (except on leash), equestrian
use, and any type of motorized cycles are not permitted hereunder and such uses shall be
effectively controlled by City.
2. City shall provide and maintain recycling and garbage receptacles for public use, and provide
for adequate waste removal service. For City facilities, City shall also provide graffiti removal
in compliance with City's graffiti abatement program, including graffiti removal from signs
installed in conjunction with and/or accessory to the establishment of a public park and
pathway consistent with its implementation of the same program at comparable City facilities.
D:\MyDocuments\SCVWD-agreements\JUA Saratoga Wildcat Creek-Fina1.doc
lof5
3. The public pathway and corridor, the subject of this Agreement, may be patrolled by City
personnel and ranger services under contract with City and/or volunteers supervised by City.
District shall have no obligation whatsoever to provide or pay for such services.
4. City must remove and if it so chooses, replace recreational improvements installed by the City
in the event District is required to improve, maintain or repair Wildcat Creek in any manner
for District purpose's. District shall inform City in preconstruction planning, as described in
Paragraph 7, in the event a District flood control project is needed, to minimize District's
project impact on City's improvements to the Premises.
5. Damage occurring to City's structures or paving by reason of District's maintenance or other
activity or by reason of natural forces will not be the responsibility of the District to repair or
restore, all such costs for such repair or restoration are to be born by City. District shall take
reasonable care in performing its maintenance activities so that damage does not occur or if
necessary, damage is reasonably minimized.
6. City and District recognize the unique nature ofthe resources and recreational uses covered by
this agreement and the beneficial effects to both parties of providing these resources to the
public. City and District resolve to utilize their respective offices to mutually support the
efforts of each other to deliver such services to the public. City and District further agree to
cooperate in order to resolve disputes and assist each other in ,responding to public inquiries
arising from the activities of either party.
7. City and District staff shall meet whenever necessary for the purpose of scheduling routine
maintenance, including, but not limited to: .
o Maintenance issues related to improvements;
o Method and timing of issues related to affected wildlife;
o Nonemergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and City further agree to notify one
another's designated representative as required prior to commencement of such work,
in order to minimize public impacts.
o In an emergency situation, District shall have rights provided in Paragraph 14 without
consulting City.
8. City will encourage volunteer groups to participate in District's "Adopt-A-Creek" program.
9. Locally native plants selected by a licensed landscape architect with native habitat experience
should be used for revegetation purposes.
10. Construction work during spring nesting season will be avoided whenever possible. The
parties acknowledge that the spring nesting season occurs between February 1 and July 1. If
construction must be done during the nesting season, a survey by a qualified biologist will be
undertaken to determine the presence of nesting. If no nesting activity is reported, then the
work may proceed. If nesting activity is reported, the biologist is expected to recommend the
implementation of adequate mitigation measures. Environmental impact shall be considered
prior to all work. Any and all work related to this clause shall be completed in accordance
with applicable federal, state, and local environmental health and safely regulations including
the federal Migratory Bird Act of 1918 and any amendments thereto.
D:\MyDocumentsISCVWD-agreementsVUA Saratoga Wildcat Creek-Final.doc
20f5
II. The parties shall cooperate to create and install signage which benefits the programs of each
party such as warnings, entrance signage, interpretive signs and benches, and joint uses when
applicable. The Chief Executive Officer of the District and the Director of Public Works
Department for the City or their designees shall meet and confer on a periodic basis to plan
and install appropriate signage which serves the needs of both parties.
All signs excepting existing ones or publications that identify the facility (e.g. park, trail) by
name should include the District's logo in equal size aild symmetric relationship to any other
logos. All signs or publications that are intended to interpret the water resources should be
developed in cooperation with the District's Community Relations Office and should also
include the District's logo in equal size and symmetric relationship to any other logos.
Maintenance responsibility for signage and benches shall be the responsibility of either the
District or the City, according to which entity has installed the improvements.
12. This Agreement shall be for a period of 20 (twenty) years beginning on the date it is approved
by the District Board of Directors. City may, upon written notice to District of intent to do so,
given not less than ninety (90) days prior to the termination date, renew this Agreement for a
like period upon the same terms and conditions. This Agreement may be modified or
terminated without cause by mutual written agreement of the parties. This agreement may be
terminated for cause by either party upon ninety (90) days prior written notice to the other. For
purposes of this Agreement, "cause" means material breach of the provisions of the
Agreement. Notice of intent to renew, to terminate, or to modify this Joint Use Agreement
may be given by the Director of Public Works Department for City. Notice of intent to
terminate may be given by the Chief Executive Officer for the District.
13. City shall have the full control and authority, for purposes of this Agreement, over the use of
the Premises, and City may restrict, or control, regulate and supervise the public use thereof.
City may, in its discretion but consistent with the right of District hereinafter described, and
without diminution of the flood control or conservation function or hazard thereto of the
Premises as now existing or as may hereafter be altered, take any measures of every kind as
may in the opinion of City be necessary for the safety of the users of the Premises for any lease
purpose. Further, City shall have the sole responsibility for the maintenance in usable and safe
condition of every facility provided upon the Premises for purposes of this Agreement.
14. District shall have the sole responsibility to maintain Wildcat Creek for flood control and
water conservation purposes, to repair and reconstruct the same where necessary for such
purposes and to perform such periodic maintenance as may be appropriate to such purposes,
including removal of silt, debris, and obstructive growth. It is expressly understood that
District is engaged in flood control and the conservation of water and that the terms and
conditions of this Agreement shall not in any way interfere with the absolute, free and
unrestricted right of District to operate and maintain for flood control and water conservation
purposes the stream bed and banks or any appurtenant works thereto, or to repair or construct
any of its works, or to raise or lower the height of the water present upon the Premises; and it
is further understood that nothing herein contained shall be construed as conferring a right
upon City to have or a duty upon District to provide water upon the Premises at any time. City
shall bear the cost and expense of any security, police or other expenditure necessary to
temporarily prohibit or control public access to the Premises that the District would not
ordinarily incur to complete the activities described in this clause. Damage to District's or
City's facilities arising from use of the Premises under this Agreement shall be the
responsibility of City.
15. It is also expressly understood by City that the level of water upon the Premises may fluctuate
from day to day due to controlled or uncontrolled flows upon and across the same, and that
D:\MyDocuments\SCVWD-agreements\JUA Saratoga Wildcat Creek-Final.doc
30f5
16.
(a).
such fluctuations may require greater control over the use of the Premises by City and the
public; provided, however, that City shall be responsible for informing itself thereof and of all
other conditions of the Premises whether open or covered which may in anywise affect the
health and safety of the users of the Premises hereunder.
City shall have the right to build any improvements on the Premises necessary, or
convenient to the enjoyment of this Agreement, provided the location of any such
improvement is, in each case during the term of this Agreement, first approved by
District and signified by issuance of a District permit. It is fully understood and agreed
that District's basis of approval or disapproval of improvements is its responsibility to
insure that the same shall not constitute an obstruction to flood flows and shall not
interfere with the use of the Premises for flood control or water conservation purposes,
and does not in anywise extend to consideration of the health and safety of users of the
Premises, which latter consideration is the responsibility of City.
(b). Improvements built by City on the Premises shall remain the property of City and upon
the termination of this Agreement shall be removed by City, leaving the Premises in a
condition as near as reasonably possible to their condition prior to such improvements.
If District, in the interest of health and safety and in the exercise of lawful powers,
requires that such an improvement must be removed or relocated, the same shall be
done at City's expense upon reasonable notice from District.
17.
(a).
City shall assume the defense of, indemnify and hold harmless, District, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind,
nature, or description directly or indirectly arising during the initial term of this
Agreement, or any renewal thereof, and resulting from the public use of the Premises
pursuant hereto or from public use of adjacent Premises of District occurring in
consequence of City's or the public's use of the Premises or from acts, omissions, or
activities of City's officers, agents, employees, or independent contractors employed by
City, excepting claims, liability, loss, damage, or injury which arise from the willful or
negligent acts, omissions, or activities of an officer, agent, or employee of District.
This Agreement to defend, indemnify, and hold harmless the District shall operate
irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective
of whether the act, omission, or activity is a condition of premises or any other cause of
any kind or nature.
(b). District shall assume the defense of, indemnify, and hold harmless, City, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind,
nature or description directly or indirectly arising from District's exercise of its flood
control or water conservation purposes on the Premises pursuant hereto or from acts,
omissions, or activities of District's officers, agents, employees, or independent
contractors employed by District excepting claims, liability, loss, damage, or injury
which arises from the willful or negligent acts, omissions or activities of an officer,
agent, or employee of City. This agreement to defend, indemnify, and hold harmless
shall operate irrespective of the basis of the claim, liability, loss, damage, or injury, and
irrespective of whether the act, omission, or activity is a condition of premises or any
other cause of any kind or nature.
18. Any and all notices required to be given hereunder shall be deemed to have been delivered
upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the
address hereinafter specified or as later amended by either party in writing:
City
District
D:\MyDocuments\SCVWD-agreements\JUA Saratoga Wildcat Creek.Fina1.doc
40f5
City of Saratoga
13777 Fruitvale Avenue
Saratoga CA, 95070
Attention: City Clerk
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Attention: Clerk of the Board
19. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind
the successors and assigns of the respective parties hereto; provided, that City shall neither
assign nor sublet this Agreement without prior written consent of District.
20. This agreement includes any and all exhibits, covenants, agreements, conditions, and
understandings between City and District concerning the Premises. There are no covenants,
agreements, conditions, or understandings, either oral or written, between the parties hereto
other than herein set forth.
21. This Agreement may be signed in counterparts, each of which shall be deemed an original but
all of which together shall constitute one and the same agreement.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
"City"
HDistrict"
CITY OF SARA TOGA, a municipal
corporation of the State of California
SANTA CLARA VALLEY WATER DISTRICT,
a public entity
By:
Stanley M. Williams
Chief Executive Officer
By:
Dave Anderson
City Manager
ATIEST:
A TIEST:
Cathleen Boyer
City Clerk
APPROVED AS TO FORM:
Lauren Keller,
Clerk /Board of Directors
APPROVED AS TO FORM:
Richard Taylor
City Attorney
Debra Cauble
District Counsel
D:\MyDocuments\SCVWD-agreements\JUA Saratoga Wildcat Creek-Final.doc
50f5
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EXHIBIT
Wildcat Creek Joint U$eAgreement
at Gardiner Park
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7017
File: 2030-8
2030-15
WILDCAT CREEK/GARDINER PARK LEASE
-ll-
THIS LEASE is made and entered into this ---LI
day of '{'{\a.hJ /'175",
,
~, by and between SANTA CLARA VALLEY WATER DISTRICT, a public corporation, herein-
after called LESSOR, and the City of SARATOGA, a municipal corporation, bereinafter
called LESSEE:
Recitals:
A. LESSEE is presently the owner of a parcel of real property, containing 1.8
acre.., more or less, located at the intersection of Portos Drive and Wildcat Creek
in the City of Saratoga, which said property LESSEE is developing for park and recrea-
tional purposes, known as "Gardiner Park", and the LESSOR is the owner of the fee in
or easement interests upon areas of Wildcat Creek contiguous to said parcel and herein-
after described.
B. It is the desire of both parties that a recreational site and facilities on
the real property of LESSOR be created and developed in conjunction with the recrea-
tional facilit~es in LESSEE's Gardiner Park as an auxiliary function to the primary
function of LESSOR's property in the controlling of floods and conservation of water.
C. LESSEE is willing to operate and 'maintain certain recreational facilities
and public access to and from such facilities on the above-mentioned property of
LESSOR, in conjunction with said Gardiner Park, subject to the maintenance and operation
of LESSOR's flood control and water conservation works;
Agreement:
For and. in consideration of the mutual promises, convenants and agreements
mentioned herein, LESSOR hereby leases to LESSEE all of the property owned by LESSOR
shown and delineated upon that certain map or plat thereof titled "Wildcat Creek
Right of Way owned by Santa Clara Valley Water District", attached hereto marked
"Exhibit "A" and made a part hereof, such leasing to be for park and recreational
purposes, on the following terms and conditions:
-1-
1. Term of Lease:
The term of this lease shall be for a period of twenty-five (25) years,
commencing with the date hereof to and including the IO"'--h day of'(\^\ 0-\.1'1
;.JOOO
provided that at the option of the LESSEE this lease may be re-
newed for one additional period of twenty-five (25) years and provided further that
this lease may be terminated by either party after a one-year written notice to the
other party.
2. Use of Site:
(a) LESSEE shall have the full control and authority, for beautification and
recreational purposes, over the use of the above-described lands and the water present
thereon, and LESSEE may restrict, or control, regulate and supervise the public use
thereof. LESSEE will be responsible, in its uncontrolled discretion (but consistent
with the right of LESSOR hereinafter described, and without substantial or hazardous
diminution of the flood control or conservation function of the property as now exist-
i08 or as may hereafter be altered), for taking such measures including, but not
limited to, the posting of warning signs and the installation of fences, guardrails
or safety devices of every kind as may in ~he opinion of LESSEE be necessary for the
'safety of the users of the premises for any recreational purpose. Further, LESSEE
shall have the sole responsibility for the maintenance in usable and safe condition
of every facility provided upon the premises for recreational purposes including
every way, trail or path used by persons for recreational purposes across or within
the premises and it shall likewise be the sole responsibility of LESSEE to maintain
the aesthetic amenities of every kind, including maintenance in a sightly, weed-free
condition of ornamental planting existing or hereafter established upon the tops of
the banks of said reach of Wildcat Creek, subject, nevertheless, to the next succeeding
. paragraph hereof.
(b) LESSOR shall have the sole responsibility to maintain the channel of said
reach of Wildcat Creek for flood control and water conservation purposes, to repair
and reconstruct the same where necessary for such purposes and to perform such
-2-
periodic cleanup as may be appropriate to such purpOses, including removal of silt,
debris and obstructive growth from the said channel. It is expressly understood
that LESSOR is engaged in flood control and the conservation of water and that the
terms and conditions of this agreement shall not in any way interfere with the
absolute, free and unrestricted right of LESSOR to operate and maintain for flood
control and water conservation purposes the stream bed and banks or any appurtenant
,works thereto, or to repair or construct any of its works, or to raise or lower the
height of the water present upon the property: and it is further understood that
nothing herein contained shall be construed as conferring a right upon LESSEE to
have or a duty upon LESSOR to provide water upon the leased premises at any time.
Damage to LESSOR's facilities arising from LESSEE's occupancy of the leased premises
shall be the responsibility of LESSEE.
(c) It is also expressly understood by LESSEE that the level of water upon
the leased premises may fluctuate from day to day due to controlled or uncontrolled
flood flows within Wildcat Creek and that such fluctuations may require greater
control over t~e use of the premises for recreation purposes by LESSEE; provided,
however, that LESSEE shall be responsible ~or informing itself thereof and of all
other conditions of the leased premises whether open or covered which may in any-
wise affect the health and safety of the users of the premises for any recreat~onal
purpose. LESSOR shall have the affirmative duty to immediately notify LESSEE when-
ever LESSOR in the exercise of its flood control or water conservation activities
performs or intends to perform any major work of maintenance, repair or reconstruction
(other than routine removal of silt, debris and obstructive growth from the channel)
on the leased premises or on any works appurtenant thereto.
3. Improvements:
LESSEE shall have the right to build any improvements and to place and maintain
any ornamental planting necessary or convenient for realizing the aesthetic benefits
of the leased premises or for the recreational development of the leased premises,
provided the location of any such improvement or ornamental planting is, in each case,
-3-
first approved by LESSOR. LESSOR may conclude that such improvements or planting
may not be located anywhere on the leased premises. Subject to the requirement of
LESSOR's approval, the nature and extent of the improvements and plantings shall be
determined by LESSEE in its sole discretion. It is fully understood and agreed
that LESSOR's basis of approval or disapproval of improvements or planting is its
responsibility to insure that the same shall not interfere with the use of the
leased p~ernises for flood control or water conservation purposes and does not in
anywise extend to consideration of the health and safety of users of the premises
1
for recreational purposes, which latter consideration is the responsibility of
LESSEE. Upon termination of this lease for any reason whatever, LESSEE may and
upon written request of LESSOR shall remove any improvements built by it, provided
that the location shall be left in a clean and sightly condition.
4. Indemnification:
LESSEE shall hold and defend LESSOR exempt and harmless from any claims because
of damage or injury to persons or property of every kind arising in any manner from
the use of the -leased premises, its structures, appurtenances, paths and access roads
under this lease, or from failure to keep the same (excluding the matters and things
specified in Paragraph 2 (b) hereof) in good and safe condition and repair, or from
any public visits thereto or any use thereof (including the waters present upon the
premises from time to time) for any recreational purposes or activities.
5. Insurance:
LESSEE shall, at its own expense, keep in force at all times during the term of
this lease a'policy or policies of insurance with respect to the liability described
in Paragraph 4, and said insurance shall name LESSOR as an additional insured and
shall provide for not less than ten (10) days notice of cancellation. The liability
'under such insurance shall be not less than $250,000 for bodily injury or death to
anyone person and not less than $500,000 for anyone occurrence and not less than
$100,000 for property damage. LESSOR at the present time carries and maintains in
full force and effect public liability insurance with reasonable limits, and during
-,
the term of this lease LESSOR shall continue to maintain said liability insurance,
save that LESSEE need not be named as an additional insured thereon; provided how-
ever, that if at any time LESSOR should cease to maintain such public liability
insurance, it shall give LESSEE at least ten (10) days prior written notice of
such anticipated cancellation or termination.
6. Notice:
Notice is considered given two (2) business days after deposit in the United
States mail in a sealed envelope or container, either registered or certified mail,
return receipt requested, postage and postal charges prepaid, addressed by name and
address to the party or person intended as follows:
Notice to LESSOR:
GENERAL MANAGER
Santa Clara Valley
Water District
5750 Almaden Expressway
San Jose, California 95118
Notice to LESSEE:
CITY MANAGER
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Either party may, by notice given at ~ny time or from time to time, require
subsequent notices to be given to another address.
7. Nonassignability:
This lease is not assignable without the prior written consent of LESSOR.
8. Successors and Assigns:
The covenants and conditions contained herein shall apply to and bind the
successors and assigns of the parties hereto.
WITNESS OUR HANDS the day and year first above written.
CITY OF
StRATOj]. /;
. ,I, A. Ii
~lA-l~~=--c "
"LESSEE"
SANTA CLARA VALLEY WATER DISTRICT
By:
By:
of Directors
"LESSOR"
AT
~~
ATTEST:
VIOLET V. ENANDER
UC.'J.J\..I....O-l 1\.r..u..-Va/l'\J.. ~lln}J<. PM \-,,/,1'\
APPROVED AS TO FORM
City Attorney
-6-
APPROVED AS TO FORM
~.t&.~-
General Counsef 7
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File: City of Saratoga
X-File: 2021
JOINT USE AGREEMENT
For a Portion of Saratoga Creek
At Via Monte Drive
SANTA CLARA VALLEY WATER DISTRICT, a public entity, hereinafter referred to as "District;"
and the City of Saratoga, hereinafter referred to as "City;" AGREE this day of
2006 as follows:
RECITALS:
A. District is the owner of certain real property (hereinafter "the Premises"), described on
"Exhibit A" hereto, so marked and by this reference made a part hereof.
B. City and District recognize that the Premises are regulated by a variety of federal, state, and
local agencies.
C. City and District, in cooperation with the California Department of Water Resources, the U.S.
Army Corps of Engineers, and the California Department of Fish and Game, agree to use the
Premises for nonvehicular (except for maintenance, emergency, and enforcement vehicles) and
recreational purposes and for flood control and water conservation purposes.
D. City has ascertained that adequate funds have been appropriated to construct and operate its
proposed facilities on the Premises and that adequate funds have been appropriated to meet all
of its obligations contained in this agreement.
E. The parties find it to be in the public interest to provide for joint use of the Premises by means
of an Agreement thereof under the following terms and conditions:
AGREEMENT:
I. District shall and does hereby grant permission to City to use the Premises for the following
purpose or purposes and subject to the following special restrictions:
. Bicycle and/or pedestrian trail, including appurtenances such as signs, fencing and gates
approved by the District and evidenced by issuance of a District permit.
. Public access to the Premises shall be passive in nature. Picnic facilities, barbeques, fires,
swimming, boating, rafting, dogs or other domestic animals (except on leash), equestrian
use, and any type of motorized cycles are not permitted hereunder and such uses shall be
effectively controlled by City.
2. City shall provide and maintain recycling and garbage receptacles for public use, and provide
for adequate waste removal service. City shall also provide graffiti removal in compliance
with City's graffiti abatement program, including graffiti removal from signs installed in
lof5
conjunction with and/or accessory to the establishment of a public park and pathway
consistent with its implementation of the same program at comparable City facilities.
3. The public pathway and corridor, the subject of this Agreement, may be patrolled by City
personnel and ranger services under contract with City and/or volunteers supervised by City.
District shall have no obligation whatsoever to provide or pay for such services.
4. City must remove and if it so chooses, replace recreati6nal improvements installed by the City
in the event District is required to improve, maintain or repair Saratoga Creek in any manner
for District purpose's. District shall inform City in preconstruction planning, as described in
Paragraph 7, in the event a District flood control project is needed, to minimize District's
project impact on City's improvements to the Premises.
5. Damage occurring to City's structures or paving by reason of District's maintenance or other
activity or by reason of natural forces will not be the responsibility of the District to repair or
restore, all such costs for such repair or restoration are to be born by City.
6. City and District recognize the unique nature of the resources and recreational uses covered by
this agreement and the beneficial effects to both parties of providing these resources to the
public. City and District resolve to utilize their respective offices to mutually support the
efforts of each other to deliver such services to the public. City and District further agree to
cooperate in order to resolve disputes and assist each other in responding to public inquiries
arising from the activities of either party.
7. City and District staff shall meet whenever necessary for the purpose of scheduling routine
maintenance, including, but not limited to:
o Maintenance issues related to improvements;
o Method and timing of issues related to affected wildlife;
o Nonemergency work requiring the use of heavy equipment, barricading, and/or
restricting access to the Premises. District and City further agree to notifY one
another's designated representative as required prior to commencement of such work,
in order to minimize public impacts.
o In an emergency situation, District shall have rights provided in Paragraph 14 without
consulting City.
8. City will encourage volunteer groups to participate in District's "Adopt-A-Creek" program.
9. Native plants selected by a licensed landscape architect with native habitat experience should
be used for revegetation purposes.
10. Construction work during spring nesting season will be avoided whenever possible. The
parties acknowledge that the spring nesting season occurs between February I and July 1. If
construction must be done during the nesting season, a survey by a qualified biologist will be
undertaken to determine the presence of nesting. If no nesting activity is reported, then the
work may proceed. If nesting activity is reported, the biologist is expected to recommend the
implementation of adequate mitigation measures. Environmental impact shall be considered
prior to all work. Any and all work related to this clause shall be completed in accordance
20f5
with applicable federal, state, and local environmental health and safely regulations including
the federal Migratory Bird Act of 1918 and any amendments thereto.
II. The parties shall cooperate to create and install signage which benefits the programs of each
party such as wamings, entrance signage, interpretive signs and benches, and joint uses when
applicable. The Chief Executive Officer of the District and Director of Public Works
Department of the City or their designees shall meet and confer on a periodic basis to plan and
install appropriate signage which serves the needs of both parties.
All signs excepting existing ones or publications that identify the facility (e.g. park, trail) by
name should include the District's logo in equal size and symmetric relationship to any other
logos. All signs or publications that are intended to interpret the water resources should be
developed in cooperation with the District's Public Information Office and should also include
the District's logo in equal size and symmetric relationship to any other logos. Maintenance
responsibility for signage and benches shall be the responsibility of either the District or the
City, according to which entity has installed the improvements.
12. This Agreement shall be for a period of 25 (twenty-five) years beginning on the date it is
approved by the District Board of Directors. City may, upon written notice to District of intent
to do so, given not less than ninety (90) days prior to the termination date, renew this
Agreement for a like period upon the same terms and conditions. This Agreement may be
terminated by either party upon ninety (90) days prior written notice to the other. Notice of
intent to renew or to terminate may be given by the City's Director of Public Works
Department and Recreation for City. Notice of intent to terminate may be given by the
District's Chief Executive Officer for the District. It is understood and agreed that at District's
sole discretion, this agreement may be superseded and incorporated into any future joint use
agreement or lease arrangement along Saratoga Creek.
13. City shall have the full control and authority, for purposes of this Agreement, over the use of
the Premises, and City may restrict, or control, regulate and supervise the public use thereof.
City may, in its discretion but consistent with the right of District hereinafter described, and
without diminution of the flood control or conservation function or hazard thereto of the
Premises as now existing or as may hereafter be altered, take any measures of every kind as
may in the opinion of City be necessary for the safety of the users of the Premises for any lease
purpose. Further, City shall have the sole responsibility for the maintenance in usable and safe
condition of every facility provided upon the Premises for purposes of this Agreement.
14. District shall have the sole responsibility to maintain the Creek for flood control and water
conservation purposes, to repair and reconstruct the same where necessary for such purposes
and to perform such periodic maintenance as may be appropriate to such purposes, including
removal of silt, debris, and obstructive growth. It is expressly understood that District is
engaged in flood control and the conservation of water and that the terms and conditions of
this Agreement shall not in any way interfere with the absolute, free and unrestricted right of
District to operate and maintain for flood control and water conservation purposes the stream
bed and banks or any appurtenant works thereto, or to repair or construct any of its works, or
to raise or lower the height of the water present upon the Premises; and it is further understood
that nothing herein contained shall be construed as conferring a right upon City to have or a
duty upon District to provide water upon the Premises at any time. City shall bear the cost and
expense of any security, police or other expenditure necessary to temporarily prohibit or
control public access to the Premises that the District would not ordinarily incur to complete
the activities described in this clause. Damage to District's or City's facilities arising from use
of the Premises under this Agreement shall be the responsibility of City.
30f5
15. It is also expressly understood by City that the level of water upon the Premises may fluctuate
from day to day due to controlled or uncontrolled flows upon and across the same, and that
such fluctuations may require greater control over the use of the Premises by City and the
public; provided, however, that City shall be responsible for informing itself thereof and of all
other conditions of the Premises whether open or covered which may in anywise affect the
health and safety of the users of the Premises hereunder.
16.
(a).
City shall have the right to build any improvements on the Premises necessary, or
convenient to the enjoyment of this Agreement, provided the location of any such
improvement is, in each case during the term of this Agreement, first approved by
District and signified by issuance of a District permit. It is fully understood and agreed
that District's basis of approval or disapproval of improvements is its responsibility to
insure that the same shall not constitute an obstruction to flood flows and shall not
interfere with the use of the Premises for flood control or water conservation purposes,
and does not in anywise extend to consideration of the health and safety of users of the
Premises, which latter consideration is the responsibility of City.
(b). Improvements built by City on the Premises shall remain the property of City and upon
the termination of this Agreement shall be removed by City, leaving the Premises in a
condition as near as reasonably possible to their condition prior to such improvements.
If District, in the interest of health and safety and in the exercise of lawful powers,
requires that such an improvement must be removed or relocated, the same shall be
done at City's expense upon reasonable notice from District.
17.
(a).
City shall assume the defense of, indemnity and hold harmless, District, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind,
nature, or description directly or indirectly arising during the initial term of this
Agreement, or any renewal thereof, and resulting from the public use of the Premises
pursuant hereto or from public use of adjacent Premises of District occurring in
consequence of City's or the public's use of the Premises or from acts, omissions, or
activities of City's officers, agents, employees, or independent contractors employed by
City, excepting claims, liability, loss, damage, or injury which arise from the willful or
negligent acts, omissions, or activities of an officer, agent, or employee of District.
This Agreement to defend, indemnity, and hold harmless the District shall operate
irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective
of whether the act, omission, or activity is a condition of premises or any other cause of
any kind or nature.
(b). District shall assume the defense of, indemnity, and hold harmless, City, its officers,
agents, and employees from all claims, liability, loss, damage, and injury of any kind,
nature or description directly or indirectly arising from District's exercise of its flood
control or water conservation purposes on the Premises pursuant hereto or from acts,
omissions, or activities of District's officers, agents, employees, or independent
contractors employed by District excepting claims, liability, loss, damage, or injury
which arises from the willful or negligent acts, omissions or activities of an officer,
agent, or employee of City. This agreement to defend, indemnity, and hold harmless
shall operate irrespective of the basis of the claim, liability, loss, damage, or injury, and
irrespective of whether the act, omission, or activity is a condition of premises or any
other cause of any kind or nature.
40f5
18. Any and all notices required to be given hereunder shall be deemed to have been delivered
upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the
address hereinafter specified or as later amended by either party in writing:
City
District
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Attention: City Clerk
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Attention: Clerk of the Board
19. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind
the successors and assigns of the respective parties hereto; provided, that City shall neither
assign nor sublet this Agreement without prior written consent of District.
20. This agreement includes any and all exhibits, covenants, agreements, conditions, and
understandings between City and District conceming the Premises. There are no covenants,
agreements, conditions, or understandings, either oral or written, between the parties hereto
other than herein set forth.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
"City"
"District"
CITY OF SARATOGA
a municipal corporation of the
State of California
SANTA CLARA VALLEY WATER DISTRICT,
a public entity
By:
Stanley M. Williams
Chief Executive Officer
By:
Dave Anderson
City Manager
A TIEST:
A TIEST:
Lauren Keller
Clerk /Board of Directors
Cathleen Boyer
City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Richard Taylor
City Attorney
Debra Cauble
District Counsel
50f5
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Santa Clara Valey Water Disl:riclO
5750 AlMADE:N EXPRESSWAY
SAN JOSE. CA 95118.3686
EXHIBIT
Saratoga Creek Joint Use Agreernent
At
Via Monte Drive
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N 1 (" 1980
LEASE AGREEMENT
,;JBUC \/IiORKS DEPl
i'";rrv OF '';,A.tiATOGA
SANTA CLARA VALLEY WATER DISTRICT, a pUblic corporation, hereinafter referred
to as "District", and the City of Saratoga, a municipal corporation of the State of
California hereinafter referred to as "Lessee", AGREE this 9th day
of December , 1980 , as follows:
REcrr ALS:
A. District is the owner of certain real property (hereinafter "the premises"),
described on Exhibit A hereto, so marked and by this reference made a part hereof.
B. The parties find it to be in the public interest to provide for joint use of the
premises by means of a lease thereof under the following terms and conditions.
AGREEMENT:
1. District shall and does hereby lease the premises to Lessee for the following
purpose or purposes and subject to the following special restrictions:
Use by Lessee City and public as a bicycle and pedestrian pathway; provided, that
motorized vehicular traffic, specifically including but not limited to motorcycles,
mopeds, and motorized bicycles, shall not be permitted upon the premises.
2. This lease shall be for a period of 25 years, beginning on December 1, 1980.
Lessee may, upon written notice to District of intent to do so, given not less than ninety
(90) days prior to the termination date, renew this lease for a like period upon the same
terms and conditions. This lease may be terminated without cause by either party upon
ninety (90) days prior written notice to the other. Notice of intent to renew or to
terminate may be given by Lessee City's Director of Public Works for Lessee.
Notice of intent to terminate may be given by the General Manager of District for
the District.
3. Lessee shall have the full control and authority, for purposes of this lease, over
the use of the premises, and Lessee may restrict, or control, regulate and supervise the
public use thereof. Lessee may, in its uncontrolled discretion (but consistent with the
right of District hereinafter described, and without substantial or hazardous diminution
of the flood control or conservation function of the premises as now existing or as may
hereafter be altered), take any measures of every kind as may in the opinion of Lessee be
necessary for the safety of the users of the premises for any lease purpose. Further,
Lessee shall have the sole responsibility for the maintenance in usable and safe condition
of every facility provided upon the premises for purposes of this lease.
1
17-726a (1180)
4. District shall have the sole responsibility to maintain the channel of Saratoga
Creek for flood control and water conservation purposes, to repair and reconstruct the
same where necessary for such purposes and to perform such periodic cleanup as may be
appropriate to such purposes, including removal of silt, debris and obstructive growth
from the said channel. It is expressly understood that District is engaged in flood control
and the conservation of water and that the terms and conditions of this agreement shall
not in any way interfere with the absolute, free and unrestricted right of District to
operate and maintain for flood control and water conservation purposes the stream bed
and banks or any appurtenant works thereto, or to repair or construct any of its works, or
to raise or lower the height of the water present upon the premises; and it is further
understood that nothing herein contained shall be construed as conferring a right upon
Lessee to have or a duty upon District to provide water upon the premises at any time.
Damage to District's facilities arising from use of the premises under this lease shall be
the responsibility of Lessee.
5. It is also expressly understood by Lessee that the level of water upon the
premises may fluctuate from day to day due to controlled or uncontrolled flood flows
within said watercourse, and that such fluctuations may require greater control over the
use of the premises by Lessee and the public; provided, however, that Lessee shall be
responsible for informing itself thereof and of all other conditions of the premises
whether open or covered which may in anywise affect the health and safety of the users
of the premises hereunder; and provided, further, that Lessee shall not be responsible for
mosquito control on the premises. District shall have the affirmative duty to
immediately notify Lessee whenever District in the exercise of its flood control or water
conservation activities performs or intends to perform any major work of maintenance,
repair or reconstruction (other than routine removal of silt, debris and obstructive
growth from the channel) on the premises or on any District works appurtenant thereto.
6(a). Lessee shall have the right to build any improvements on the premises
necessary, or convenient to the enjoyment of this lease; provided, the location of any
such improvement is, in each case during the term of this agreement, first approved by
District. It is fully understood and agreed that District's basis of approval or disapproval
of improvements is its responsibility to insure that the same shall not constitute an
obstruction to flood flows and shall not interfere with the use of the premises for flood
control or water conservation purposes, and does not in anywise extend to consideration
of the health and safety of users of the premises, which latter consideration is the
responsibility of Lessee.
(b). Improvements built by Lessee on the premises shall remain the property of
Lessee and upon the termination of this lease shall be removed by Lessee, leaving the
premises in a condition as near as reasonably possible to their condition prior to such
improvements. If District, in the interest of health and safety and in the exercise of its
lawful powers, requires that such an improvement must be removed or relocated, the
same shall be done at Lessee's expense.
7. As full and sole consideration for the leasing of the premises, Lessee shall
assume the defense of, indemnify and hold harmless, District, its officers, agents and
employees from all claims, liability, loss, damage and injury of any kind, nature or
description directly or indirectly arising during the initial term of this agreement, or any
renewal thereof, and resulting from the public use of the premises pursuant hereto or
from pUblic use of adjacent premises of District occurring in consequence of Lessee's or
the public'S use of the premises or from acts, omissions or activities of Lessee's officers,
agents, employees or independent contractors employed by Lessee, excepting claims,
liability, loss, damage or injury which arise from the willful act of an officer, agent or
employee of District.
2
17-726a (1180)
. "
8. Any and all notices required to be given hereunder shall be deemed to have
been delivered upon deposit in the United States mail, postage prepaid, addressed to
either of the parties at the address hereinafter specified or as later amended by either
party in writing:
LESSEE
DISTRICT
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
9. This agreement, and all the terms, covenants and conditions hereof, shall apply
to and bind the successors and assigns of the respective parties hereto; provided, that
Lessee shall neither assign nor sublet this agreement without prior written consent of
District.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
CITY OF SARATOGA,
a municipal corporation
By
ATTEST:
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SANTA CLARA V ALLEY WATER DISTRICT
a public corporation
~o~/~
airm , Board of Directors
"District"
ATTEST: SUSAN A. EKSTRAND
,dv?~ ~:A
Clerk 0 the Board 0 Directors
APPROVED"'AS TO FORM:
4tr~df'd4~-
General Counsel
3
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PROJECT NO. 202/
FILE NO. 4-JJ,OL. See_
TITLE REPORT NO. 6'70/
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S~TOGA CITY COUNCIL
,MEETING DATE:
Je....,. 18,2006
AGENDA I'l'EM:
ORIGINATING DEPT: COIDlJt1lnity Dev opalent CItY MANAGER:
a//;.veAnd~
~~EfI'.\~:I\D:.. '.,.~Z ...,,,
'Jl,AlCl'~~~ " a.1m J,Jvlng' De, AlCP
PREPARED BY:
SUBJECT: Design Review'-\p..neadoll 04-379 - Appeal or a I>~IJythe PllUl(l"'.
Commission to eonsQ'uet a new two-story singleorllmily resideacellt 2,0840 Fo..rth Street.
APPELLANT/APPJ..ICANT:
KiCt T1"8i1. Property OWner.
RECOMMENDED ACTION:
Staffrecommends the City Council8JIprove the appeal. thus approving,the proposed new twO story
residence. '
REPORTSllMMAR.Y:
The applicllI1tproposes to demolish the existing single: story home snd coDS1Jucta new two-story
home. The total floor area oftheprop()Sfl(\ residence will be 2,449.4sq\W'e feet, with 1,4S4sqUare
foot basement. The maximumheipt of the proposed residence will be 2Heet., The horne will be
situated on a 5,177 sq\W'e footloUocated in the R-I-I0,OOO ;eoniJ).g.district. This application was
originally reviewed by the PI~Commission onJuly27, 2005, andwas continued at this public
hearill8 to give the applk1llI1t the oppottunity. t9 revise the design of tile home toaddt'es$ concerns
raised by neighbPrs. After revisions to the desien weremadc, the Plan.ing Co~ion conducted
another public hearing on thisiwm 9n November 23, 2005. ' ,
Staff recommended that the PI$1U1i~ Commission approve tIPs, application. ,However, at the
November 23'" public hearing,tbeP!anning Commissiondfmj.ed theappJication with a 6-0 vote after
determining that the proposed design is inconsistent with the required design review findi1'lss stated
in City Code Section 1 5-45.080,including: avoidance of unreasonable intClfetcnce with views and
privacy, andcompatiblt bulk and height with other structUres in the neighborhood. The applicant
feels, that significant revisionst9" the ,originid design have been made since the first Planning
Commission public hearing, andtkat the current desien that was denied by the Planning Commission
is consistent with all of the desipreviewtindinp. A representative of the applicant has prepared a
review findings (see Attachment 2).
Relevant background documents, including the Staff Report and Planning Commission minutes are
included in the packet materials. A resolution of approval granting the appeal has been prepared for
Counciladoption (see Attachment 1).
ALTERNATIVES:
1. Deny the appeal and uphold the p~g Conunil!Sion's denial of the proposed project, thus
denying Design Review Application04-379.
2. Continue the public hearing to allow the applicant an opportwlity to restudy project-related issues
raised by the City Council.
FISCAL IMPACTS:
Not applicable.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notice to property owners within 500 feet. posted notice, and advertised the notice in the
Saratoga News.
ATI'ACBMENTS:
L Resolution of Approval Granting the Appeal.
2. Letter from representative of applicant, dated January 10, 2006.
3. Planning Commission Staff Report.
4. Excerpt of Minutes from the November 23, 2005 Planning Commission meeting.
5. Appeal application.
6. Exhibit A.
Attachment 1
APPROVAL OF RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING THE APPEAL
THEREBY APPROVING
DESIGN REVIEW APPLICATION 04-379
Tran; 20840 Fourth Street
WHEREAS, on November 23, 2005, the City of Saratoga Planning Commission denied a
design review application 04-379 to construct a two-story single-family residence. The project
includes the demolition of an existing one-story residence. The total floor area of the proposed
residence will be 2,449.4 square feet, with a 1,454 square foot basement. The maximum height of
the proposed residence will be 23 feet; and
WHEREAS, on December I, 2005, the applicant, Kiet Tran, filed an appeal of the Planning
Commission's denial of design review application 04-379; and
WHEREAS, on January 18, 2006 the City Council held a public hearing to consider the
application at which time all interested parties were given a full opportunity to be heard and to
present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the application and all
testimony and other evidence submitted in connection therewith; and
WHEREAS, the City Council overturned the determination and findings of the Planning
Commission denial of the design review application; and
WHEREAS, The proposed project including the construction of a new single-family
residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section
15303, "New Construction or Conversion of Small Structures", Class 3 (a) ofthe Public Resources
Code (CEQA). This exemption allows for the construction or conversion of up to three single-
family residences.
WHEREAS, the applicant has met the burden of proof required to support said
application for design review approval, and the following findings specified in Municipal Code
Section 15-45.080 and the City's Residential Design Handbook have been determined:
(a) Avoid unreasonable interference with views and privacy. There are ample locations along
the streetscape and from adjacent properties where views of both the hillside and ridgeline are
maintained. The impacts are not unreasonable for the property across the street because the
views are not significantly impacted from the majority of locations on the property.
The project has been designed to minimize the privacy impacts to the adjacent property to the
west. Features to mitigate privacy concerns include minimal building height for a two-story
structure, obscure windows on the second-story with the exception of the rear window and
proposed planting of six IS-gallon Carolina Cherry trees for landscape buffering.
(b) Preserve Natural Landscape. The project vicinity is characterized by smaller-sized parcels,
the majority of which range from 7,500 sq. ft. to 10,000 sq. ft. Higher density condominiums are
located in the vicinity of the site, which is within walking distance to downtown Big Basin Way.
As such, there is very little natural landscape for preservation since this area is urbanized.
(c:) Preserve Native and Heritage Trees. No native or heritage trees are proposed for removal.
A non-native ordinance-sized tree (Juniper) is proposed for removal.
(d) Minimize perception of excessive bulk. Areas of maximum height are minimized with
interior ceiling heights of 8-9 feet. Elevations are softened using different materials including
shingles and horizontal siding. The proposed horizontal siding minimizes the perception of
height. The roofline is varied in height and form. Large wall expanses are avoided and large attic
spaces are avoided. The fayade is accentuated with shutters, gable dormers, shingled gable ends,
and a window flower box.
(e) Compatible bulk and height. The project vicinity is a mixture of one and two-story
residences. The second-story is stepped back from the first story building lines and the hipped
rooflines minimize bulk to blend with the scale of the neighborhood.
(j) Current grading and erosion control methods. The proposal wi1l conform to the City's
current grading and erosion control methods.
(g) Design policies and techniques. The proposed project conforms to all of the applicable
design policies and techniques in the Residential Design Handbook in terms of avoiding
unreasonable interference with privacy and views and minimizing bulk as detailed in the findings
above and this staff report.
Section 1. After careful consideration of the site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, application number 04-379 for Design Review
Approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. The development shall be located and constructed as shown on Exhibit "A" incorporated by
reference and date stamped November 15, 2005.
2. Four sets of complete construction plans incorporating this Resolution and the ATborist
Report, dated March 23, 2005 shall be included on the plans submitted to the Building
Division for permit plan check review.
3. Front yard landscaping shall be installed prior to final occupancy inspection. A landscape
bond may be submitted along with the applicable filing fee in lieu of this requirement.
4. All changes to the approved plans must be submitted in writing with a clouded set of plans
highlighting the changes. Proposed changes to the approved plans are subject to the approval
of the Community Development Director and may require review by the Planning
Commission.
5. The site plan shall contain a note with the following language: "Prior to foundation
inspection by the City, the LLS of record shall provide a written certification that all building
setbacks are per the approved plans."
6. A grading and drainage plan combined with a storm water retention plan indicating how all
storm water will be retained on-site, and incorporating the New Development and
Construction - Best Management Practices, shall be submitted along with the complete
construction drawings.
7. The applicant or his designated representative shall apply for and secure a grading permit if
deemed necessary.
8. Water and/or runoff from the project site shall not be directed toward the adjacent properties.
9. Pest resistant landscaping plants shall be considered for use throughout the landscaped area,
especially along any hardscaped area.
10. Plant materials selected shall be appropriate to site specific characteristics such as soil type,
topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement,
patterns of land use, ecological consistency and plant interactions to ensure successful
establishment.
11. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the
landscape plan to the maximum extent possible.
12. Proper maintenance oflandscaping, with minimal pesticide use, shall be the responsibility of
the property owner.
13. All processing fees, in the form of deposit accounts on file with the community development
department, shall be reconciled with a minimum $500 surplus balance at all times. In the
event that the balance is less than $500, all staff work on the project shall cease until the
balance is restored to a minimum $500.
CITY ARBORIST
14. All recommendations contained in the City Arborist Report dated March 23, 2005 shall be
followed.
15. Tree protective fencing and other protective measures, as specified by the City Arborist in
review ofthe final plans, shall be installed and inspected by Planning Staff prior to issuance
of City Permits.
16. Prior to issuance of City Permits, the applicant shall submit to the City, in a form acceptable
to the Community Development Director, security equivalent to $16,800 pursuant to the
March 23, 2005 Arborist Report the value of all retained trees to guarantee their maintenance
and preservation.
17. All proposed landscaping and approved fencing shall be installed prior to Final Building
Inspection approval.
18. The City Arborist shall inspect the site to verify compliance with tree protective measures.
The bond shall be released after the planting of required replacement trees, a favorable site
inspection by the City Arborist, and payment of any outstanding Arborist fees.
PUBLIC WORKS
19. An encroachment permit shall be obtained for any improvements in the City right-of- way
prior to commencement of construction.
GEOTECHNICAL CLEARANCE
20. The Project Geotechnical Consultant shall review and approve all geotechnical aspects of the
final development plans (i.e., site preparation and grading, site drainage improvements and
design parameters for the building foundation and driveway) to ensure that the plans,
specifications and details accurately reflect the consultants' recommendations.
21. The results of the plan review shall be summarized by the Project Geotechnical Consultant in
a letter(s) and submitted to the City Engineer for review prior to issuance of permits.
22. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for fill keyways, and foundation construction prior to placement
of fill, steel and concrete.
23. The results of these inspections and the as-built conditions of the project shall be described
by the geologic and geotechnical consultants in a letter(s) and submitted to the City Engineer for
review and approval prior to Final Project Approval.
24. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant's review of the project prior to issuance of a building permit.
FIRE DEPARTMENT
25. The applicant shall comply with all Fire Department conditions.
CITY ATTORNEY
26. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees,
incurred by the City or held to be the liability of City in connection with City's defense of its
actions in any proceeding brought in any State Federal Court, challenging the City's action
with respect to the applicant's project.
Section 2. Construction must commence within 36 months or approval will expire.
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Section 3. All applicable requirements ofthe State, County, City and other Governmental entities
must be met.
PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 18th day of
January 2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, CMC
City Clerk
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions
and agrees to fully conform to and comply with said terms and conditions within the
recommended time frames approved by the City Planning Commission.
Property Owner or Authorized Agent
Date
Attachment 2
i
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BERLINER COHEN
ATTORNEYS AT LAW
SANFORD A. BERlINER-
ANDREW 1.. FABER.
ROBERT W. HUMPHREYS
ItALPHJ.SWANSON
PEGGY L. SPIUN'GQAY
JOSEl'H E. DWORAK
SAMUaL. FARB
ALAN 1. PINNEll
FRANK R. UBHAUS
UNDA A. CALLON
JAMESr.CASHMAN
STEVEN J. CASAD
NANCY J. JOHNSON
JEROLD A. REJTON
ROBERT L CHOkTEK
JONATHAN D. WOLF
KATHLEEN K. SIPLE
KEVIN F. KELLEY
MARX MAXJEWICZ
JEFFREY S. KAUFMAN
JOUE HOUSTON
BRIAN L. SHETLER
A PARTNERSHIP INCLUDING
PROFESSIONAL CORPORATIONS
TEN ALMADEN BOULEVARD
ELEVENTH FLOOR
SAN JOSE, CAUFORNIA 95113-2233
TELEPHONE, (408) 286-5800
FACSIMILE, (408) 998.5388
www.berliner.com
PAUL A. PELOSI
THOMAS P. MURPHY
NADIA V. HOLOBEl
MICHAEL VIOLANrI
CHRISTIAN E. PICONE
EILEEN P. KENNEDY
PETER BAJOREK
HARRY A. LOPEZ
JOHN F. DOMlNOUE
SETH J. COHEN
MONICA B. BOROCHOFF
CHRISTINE H. LONG
DAVIDD. WADE
THOMAS E. EBERSOLE
LAURA PALAZZOLO
MRON M. VALENTI
SHANNON N. COGAN
CLAIRE L. IMBLU
JENNIFER L Glt.OSSMAN
ANDIUiW 1. GIORGIANNJ
FORREST W. HANSEN
GENEVIEVE M. NICKERSON
.AProfessional.Corponl!:ion
RET'RED
SAMUEL J. COHEN
OF COUNSEL
HUGH L.ISOLA
STEVEN L HAUGRlMSON
ERJC WONG
NANCY L. BR.A.NDT
CHAJU.ES W. VOLPE
VICTORA. PAPPALARDO
Branch Office - Merced, CA
January 10, 2006
Mayor Kline and Members of the Saratoga City Council
13777 Fruitvale Avenue
Saratoga, CA 95070
~ ~~~~~~ ~
.JAN 1 0 Z006
CITY OF SARATOGA
""p,'1'n'IlC\.I~' "
Re: Appeal of Planning Commission Decision - Design Review 04-379
20840 Fourth Street, Saratoga
Dear Mayor Kline and Members of the City Council:
We represent Kiet Tran and Khanh Vu, the property owners of 20840 Fourth Street
("Owners"), This letter is submitted on their behalf to appeal the Planning Commission's
decision to deny the design review application (#04-379) to construct a two-story single family
residence ("Project"). The grounds for this appeal are that the Planning Commission erred and
abused its discretion in finding that the Project did not meet the City of Saratoga ("City") Zoning
Code and the fmdings for design review approval could not be made. We further maintain that
the Planning Commission's decision is not supported by the evidence in the record.
The Planning Commission erred and abused its discretion in finding that the bulk and
height compatibility findings have not been met. The record supports that this Project is below
the City's zoning height limit. The bulk has been addressed in that the second story is stepped
back from the first story building lines at every elevation, including the front sides and rear. In
addition, hipped roofIines are also used to minimize bulk.
The Planning Commission erred and abused its discretion in finding that privacy and
view impacts were not mitigated. The evidence in the record establishes that this Project has
been revised to mitigate these impacts. The finding to "avoid unreasonable interference with
views and privacy" must be considered with reference to "(i) the nature and location of
UH\600344,1
010906.15126001
Mayor Kline and Members ofthe Saratoga City Council
January 10, 2006
residential structures on adjacent lots and within neighborhoods; and (ii) community view sheds
will avoid unreasonable interference with views and privacy." Here, the Project building line for
the first floor and basement was reduced. The width of the second floor front f~ade was also
reduced. The size of the windows in the front bedrooms at the second floor level were reduced
to accommodate the neighbors' concerns for privacy. The maximum height of the building was
reduced. Windows were removed for the proposed rear fa~ade to allow more light and privacy
for the neighbor property and more privacy to the rear yard property. There is no evidence in the
record that there is unreasonable interference with views and privacy.
There is evidence in the record that the parcel is an odd-shaped triangle lot, but this
Project is uniquely designed to meet all of the City's zoning setback as well as height
restrictions.
There is also evidence in the record that the neighborhood is a transitional neighborhood
with one- and two-story homes surrounding this Project.
Neil!hbor Concerns
In response to the neighbors' and Planning Commission's concerns at the July 27,2005,
Planning Commission meeting, the Owners have revised the Project as follows:
. To minimize bulk and give Mr. Schulz's property (located at 15001 Springer Avenue)
more privacy, the rear building line for the first floor and basement was reduced by 5
feet 4 inches.
. To minimize the bulk of the second floor and minimize obstruction of the view from
Mrs. Garcia's property (located across the street at 20845 Fourth Street) the width of
the second floor front fa~ade was reduced by 2 feet.
. Again, for Mrs. Garcia's concerns for privacy and views, the size of the windows in
the front bedrooms at the second floor level were reduced in size. The maximum
height of the home was reduced by I foot 4 inches.
. To allow more privacy for the Kraule property (located at 20850 Fourth Street) and
the Shulz Property, three windows were removed on the proposed rear fa~ade.
. Other revisions include the following: completely removing the rear balcony
(reducing the building depth by 5 feet); obscuring four windows on the second story;
locating three small windows above header height; and installing six 15-gallon
Carolina cherry trees for landscape buffering. Regarding impacts to sunlight of the
Kraule property, the proposed second story is set back over 50 feet from the rearmost
point of the property.
The City's design guidelines provide for the avoidance of unreasonable views and
privacy impacts. Here, the view impacts and privacy impacts have been mitigated and the
neighbors' concerns have been addressed. Further, City Staff visited the site to review the
UH\6B0344,1
010906-15126001
Mayor Kline and Members of the Saratoga City Council
January 10, 2006
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impacts the Project will' have on the neighboring properties. Staff determined that the view
impacts were not unreasonable because the views are not significantly impacted from the
majority of the locations on the properties.
As will be discussed below, the evidence in the record establishes that this Project fully
complies with the requirements of the City Zoning Code, the City's Residential Handbook
("Handbook") and the General Plan.
The City's Residential Desil!n Handbook and Desil!n Review Findinl!s
The Handbook states: "The General Plan acknowledges and protects the unique
residential characteristics of the City through adopted policies and programs in each of its
Elements and through the regnlations of the Zoning Code. The specific regulations for design
review of single family residential dwellings appear as Article 15-45 of the City Code. This
Handbook has been prepared to assist in the implementation of those regulations."
The Handbook also serves as a "guide for the City Council, Planning Commission, and
City Staff in the design review process. The design policies and implementation techniques set
forth in the Handbook are not meant to discourage unique and innovative design solutions.
Rather, they embody the intent of the findings that must be made for design review applications
and serve as a basis on which decision making bodies make their design-related decisions."
Pursuant to City Zoning Code Section 15-45.080, this Project meets the City's zoning
regulations and the Handbook design policies and techniques, and the following findings can be
made to support approval of the Project as modified:
(a) Avoid unreasonable interference with views and privacy.
Policy 3, Technique No.1: Control view to adjacent properties.
Policy 3, Technique No.2: Locate buildings to minimize privacy impact.
Policy 3, Technique No.3: Use landscaping to enhance privacy.
Policy 4, Technique No. I: Locate structure to minimize view blockage.
Policy 4, Technique No.2: Maximize view but avoid conflict with privacy.
Policy 4, Technique No.3: Locate structure to reduce height impact.
The Project minimizes privacy impacts to the adjacent properties. The building height
has been reduced. The windows on the second story (with the exception of the rear window)
have been obscured and six trees for landscape buffering have been added. The height and
placement of the Project meets all of the City's zoning setbacks.
There is evidence that the Project avoids unreasonable interference with views and
privacy because views of both the hillside and ridgeline are maintained, and the views along the
streetscape and from adjacent properties have also been maintained. In addition, regarding the
property across the street, the view impacts from the front porch, interior of the residence and the
majority of the yard have been avoided.
\lH\680344,1
010906-15126001
Mayor Kline and Members ofthe Saratoga City Council
January 10, 2006
Regarding the privacy and sunlight concerns, the proposed second story is set back over
50 feet from the reannost point of the property. The rear property line of the adjacent property
extends approximately 100 feet beyond the second story building line, which allows for light and
air in most locations on the adjacent lots. Other revisions to the Project include removing the
rear balcony, obscuring windows on the second floor, locating three small windows above
header height, and installing six trees for landscape buffering.
(b) Preserve natural landscape.
Policy I, Technique I: Minimize changes to natural topography.
The Project neighborhood is characterized by smaller size parcels ranging from 7,500
square feet to 10,000 square feet. The proposed landscape plan will add a significant amount of
landscaping around the property. The existing building pad will be utilized and expanded to
accommodate the new two-story residence.
(c) Preserve native and heritage trees.
No native or heritage trees will be removed.
(d) Minimize perception of excessive bulk.
Policy I, Technique No.3: Use materials and colors to reduce bulk.
Policy I, Technique No.4: Minimize building height.
Policy I, Technique No.6: Use architectural features to break up massing.
The Project includes materials and colors such as a light brown concrete tile roof and a
light brown horizontal wood siding. Large wall expanses and attic spaces were avoided. The
width of the second floor faSlade was reduced. The rear building line for the first floor and
basement was also reduced. The proposed horizontal siding minimizes the perception of height,
the roofline is varied in height and form. Areas of maximum height are minimized with interior
ceiling heights of 8 to 9 feet. Elevations are softened by using different materials, including
shingles and horizontal siding.
(e) Compatible bulk and height.
Policy I, Technique No.3: Use materials and colors to reduce bulk.
Policy I, Technique No.4: Minimize building height.
Policy I, Technique No.5: Design structure to fit with existing neighborhood.
Policy I, Technique No.6: Use architectural features to break up massing.
Policy 4, Technique No.3: Locate structure to reduce height impact.
The Project is only 2,449 square feet. The maximum height of the Project was reduced
by I foot 4 inches (Project is now 22'8"). The neighborhood consists of a mixture of one- and
two-story residences. The second story of the 'Project is stepped back from the first story
building lines, and the hipped roof lines minimize bulk to blend with the scale of the
neighborhood. In addition, the Handbook encourages the use of underground spaces to reduce
bulk.
UH\6B0344,1
010906.15126001
Mayor Kline and Members of the Saratoga City Council
January 10,2006
(I) Current grading and erosion methods.
Policy 1, Teclmique 1: Minimize changes to natural topography.
The Project will conform to the City's current grading and erosion control methods.
(g) Design policies and techniques.
As discussed above, the Project conforms to the design policies and teclmiques set forth
in the Handbook and as required by the City Zoning Code Section 15-45.055.
The Citv's General Plan
The Project furthers the General Plan land use element in the following ways:
LV.5.0 - The City shall use the design review process to assure that new construction and
major additions thereto are compatible with the site and adjacent surroundings.
LV.6.6.2 - Proposed land uses and development proposals shall be evaluated against
ordinance standards to assure that the related traffic, noise, light, and intensity of use have
limited adverse impact on the area.
LV.S.O - Affirm that the City shall continue to be predominantly a community of single
family detached residences.
In conclusion, this Project meets all ofthe applicable Zoning Code regulations. Further,
the Project conforms to the Handbook design policies and techniques in terms of avoiding
unreasonable interference with privacy and views and minimizing height and bulk as detailed in
the findings as stated above.
We respectfully request that this appeal of the Planning Commission's decision denying
the Project be granted and that the Project be approved.
Sincerely,
BERLINER COHEN
JH:cem
cc: Kie! Tran and Khanh Vu
Richard Taylor, City Attorney
John Livingstone, Planning Director
Lata Vasudevan, Associate Planner
WH\680344,1
0109116-15126001
Attachment 3
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Item 3
REPORT TO THE PLANNING COMMISSION
Application No.lLocation:
04-379; 20840 4th Street
Type of Application:
Design Review - Continued from the 7/27/05 Planning
Commission Public Hearing
Owner/Applicant:
Kiet Tran and Khanh Vu, Property Owners
Lata Vasudevan AICP, Associate Planner~V
November 23, 2005
Staff Planner:
Meeting Date:
Department Head:!- 9J..
APN:
503-26-009
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20840 4th Street
EXECUTIVE SUMMARY
CASE HISTORY:
Application filed:
Application complete:
Revisions submitted
Notice published:
Mailing completed:
Posting completed:
12/06/04
06/20/05
08/29/05
11/09105
11/10105
11/10/05
PROJECT DESCRIPTION:
The applicant requests design review approval to construct a two-story single-family
residence. The project includes the demolition of an existing one-story residence. The total
floor area of the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot
basement is proposed. The maximum height of the proposed residence is 22 feet 8 inches.
The gross lot size is 5,177 square feet and the site is zoned R-l 10,000. This item was
continued at the July 27, 2005 Planning Commission meeting to allow the applicant to .
revise the plans to address concerns raised by the neighbors.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve the design review application 04-379
with conditions by adopting the attached Resolution of Approval.
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STAFF ANALYSIS
ZONING: R-I-IO,OOO
GENERAL PLAN DESIGNATION: (Residential Medium Density)
4.35 Max Dwelling Units per Acre
MEASURE G: Not Applicab]e
, PARCELSIZE: 5,]77squarefeet(gross)
SLOPE: Level Lot
GRADING REQUIRED: Not Applicable
ENVIRONMENTAL DETERMINATION: The proposed project including the construction of a
new single-family residence is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Section ]5303, ''New Construction or Conversion of Small Structures",
Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the
construction or conversion of up to three single-family residences.
MATERIALS AND COLORS: The materials and colors include a light-brown concrete tile
roof and light-brown horizontal wood siding. Shingles are proposed in the gable ends of the
second-story donners on the facade. Cultured stone veneer is proposed along the base of
the fas;ade in drystack ledgestone. The window style is to be divided lights in the top sash.
A "materia]s and color board" is on ti]e with the Commwrity Deve]opment Department and
will be presented at the site visits and public hearing.
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PROJECT DATA: .
Proposal Code Requirements
Lot 44.6% Maximum Allowable 60%
Coverage:
Main Floor Plan 1,590 sq. ft.
Steps/Lightwell 113.48 sq. ft.
Driveway and walkway 606.12 sq. ft.
TOTAL 2,310.54 sq. ft. 3,106.2 sq. ft.
Floor Area: Maximum Allowable
First Floor 1,590.64 sq. ft.
Second Floor 858.76 sq. ft..
Total 2,449.4 sq. ft.
Basement (1,454 sq. ft.) 2,560 sq. ft.
Minimum Requirement .
Setbacks:
Front Lot Line 25 ft. 2 in. 25 ft.
Right Side (West)
I Sl story 6 ft. 2 in. 6 ft.
2nd story 11 ft. 2 in. 11 ft.
Left Side (East)
1 Sl story 6 ft. 2 in. 6 ft.
2nd story 11 ft. 1 in. 11 ft.
(This property does not
have a rear lot line)
Height: Maximum Allowable
Highest point 180.39
Lowest point 178.88
Average point 179.64
Topmost point 202.31
Maximwn height 22 ft. 8 in. 26 ft. .
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PROJECT DISCUSSION
The applicant requests design review approval to construct a two-story single-family
residence. The project includes the demolition of an existing one-story residence. The total
floor area of the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot
basement is proposed. The maximum height of the proposed residence is 22 feet 8 inches.
The gross lot size is 5,177 square feet and the site is zoned R-1-10,OOO. This item was
continued at the July 27, 2005 Planning Conunission meeting to allow the applicant to
revise the plans to address concerns raised by neighbors.
The proposed residence is similar to a Craftsman style home. IdentifYing architectural
features of the proposed residence include an entry porch with tapered square colwnns and
stone bases. A carnage style garage door is proposed with divided lights. Architectural
details such as decorative or false beams or braces are visible under the gable ends on the
fayade. The roof rafters are exposed. The fayade is accentuated with shutters, gable
dormers, shingled gable ends, and a window flower box.
Elevations are softened using different materials. Materials are used that create horizontal
proportions. Areas of maximum height are minimized with interior ceiling heights of 8-9
feet. The roofline is varied in height and form. Large wall expanses and attic spaces are
avoided.
. Revisions
Revisions in response to the PC meeting held July 27,2005 include the following:
. The rear building line for the first floor and basement was reduced by 5 feet 4
inches. This is done to minimize bulk and give Mr. Schulz's property, located at
15001 Springer Avenue, more privacy.
. The width of the second floor front fayade was reduced by 2 feet. This reduction is
proposed to minimize the bulk of the second floor and minimize the obstruction of
the view from Mrs. Esperanza Garcia's property, located across the street at 20845
Fourth Street.
. The size of the windows in the front bedrooms at second floor level were reduced
in size to accommodate Mrs. Garcia's concerns for privacy.
. Maximum height of the home was reduced by 1 foot 4 inches.
. Three windows were removed on the proposed rear fa~ade to allow more light and
privacy for the Kraule property and more privacy to the Schulz property.
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Trees
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Two ordinance-sized trees are discussed in the arborist report. One is located in the rear
yard (tree #2) and the other is located on the neighboring property (tree #1). Tree #1, a
coast live oak, will be adequately protected by the reCommendations presenting in the
arborist report being carefully followed and incorporated into the construction plans. Tree
#2, a Hollywood Juniper will be severely impacted and is approved by the arborist for the
removal. Replacement trees are required for the Juniper. The six proposed Carolina Cherry
trees satisfy the replacement requirements.
Neighbor Notification
As discussed in the prior public hearing, Staff has received written comments in opposition
to the proposed project. In relation to the project site, the concerned neighbors live: 1)
across the street at 20845 4th Street (Garcia) and adjacent to the right/west of the project site
at 20850 4th Street (Kraule). While views, privacy, and sunlightare issues to consider with
this proposal, staff has concluded that the revised design does avoid "unreasonable
interference" on views and privacy as required by the design review findings for approval.
Nonetheless, staff did receive two letters from the Kraules subsequent to the prior public
hearing, which are attached for reference.
Staff has not received any comments from the Garcias as of the writing of this report.
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Design Review Findings
Stafffmds the proposed project supports the findings for design review as discussed below:
(a) Avoid unreasonable interference with views and privacy. There are ample locations
along the streetscape and from adjacent properties where views of both the hillside and
ridgeline are maintained. The impacts are not unreasonable for the property across the
street because the views are not significantly impacted from the majority oflocations on
the property.
The project has been designed to minimize the privacy impacts to the adjacent property
to the west. Features to mitigate privacy concerns include minimal building height for a
two-story structure, obscure windows on the second-story with the exception of the rear
window and proposed planting of six IS-gallon Carolina Cherry trees for landscape
buffering.
(b) Preserve Natural Landscape. The project vicinity is characterized by smaller-sized
parcels, the majority of which range from 7,500 sq. ft. to 10,000 sq. ft. Higher density
condominiums are located in the vicinity of the site, which is within walking distance to
downtown Big Basin Way. As such, there is very little natural landscape for .
preservation since this area is urbanized.
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(c) Preserve Native and Heritage Trees. No native or heritage trees are proposed for
removal. A non-native ordinance-sized tree (Juniper) is proposed for removal.
(d) Minimize perception of excessive bulk. Areas of maximum height are minimized
with interior ceiling heights of 8-9 feet. Elevations are softened using different
materials including shingles and horizontal siding. The proposed horizontal siding
minimizes the perception of height. The roofline is varied in height and form. Large
wall expanses are avoided and large attic spaces are avoided. The fa~ade is accentuated
with shutters, gable dormers, shingled gable ends, and a window flower box.
(e) Compatible bulk and height. The project vicinity is a mixture of one and two-story
residences. The second-story is stepped back from the first story building lines and the
hipped rooflines minimize bulk to blend with the scale of the neighborhood.
(f) Current grading and erosion control methods. The proposal will conform to the
City's current grading and erosion control methods.
(g) Design policies and techniques. The proposed project conforms to all of the
applicable design policies and techniques in the Residential Design Handbook in terms
of avoiding WlTeasonable interference with privacy and views and minimizing bulk as
detailed in the findings above and this staff report.
Conclusion
Staff finds that all of the Design Review findings can be made in the affirmative.
STAFF RECOMMENDA nON
Staff recommends the Planning Commission conditionally approve design review
application 04-379 by adopting the attached Resolution of Approval.
ATIACHMENTS:
I. Resolution of Approval.
2. Arborist Report, dated March 23, 2005.
3. Affidavit of mailing notices, public hearing notice, and mailing labels for project
notification.
4. Letter dated August 8 and November 7, 2005 from the Kraules. 5. Minutes from prior Public Hearing (excerpt)
6. Reduced Plans, Exhibit "A."
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AFPROV AL OF RESOLUTION NO.
Application No. 04-379
CITY OF SARATOGA PlANNING COMMISSION
STATE OF CALIFORNIA
Tnm/Vu;20840-r Street
WHEREAS, the City of Saratoga Planning Conunission has received an application
for Design Review to construct a two-story single-family residence. The project includes
the demolition of an existing one-story residence. The total floor area of the proposed two-
story residence and garage is 2,449.4 square feet; and
WHEREAS, the Planning Conunission held a duly noticed Public Hearing at
which time all interested parties were given a full opportUnity to be heard and to present
evidence; and
WHEREAS, the project, which proposes to construct a new single family
residence, is categorically exempt from the California Environmental Qualiry Act (CEQA)
pursuant to section IS303 of the Guidelines for the Implementation of CEQA This Class 3
exemption applies to construction of a single family home in an urbanized area; and
WHEREAS, the applicant has met the burden of proof required to support said
application for design review approval, and the following findings specified in Municipal
Code Section IS-4 S.080 and the City's Residential Design Handbook have been determined:
NOW, TIIEREFORE, the Planning Conunission of the City of Saratoga does hereby
resolve as follows:
(a) A void unreasonable interference with views and privacy. There are ample
locations along the streetscape and from adjacent properties where views of both the
hillside and ridgeline are maintained. The impacts' are not unreasonable for the
property across the street because the views are not significantly impacted from the
majority of locations on the property.
The project has been designed to minimize the privacy impacts to the adjacent property
to the west. Features to mitigate privacy concerns include minimal building height for
a two-story structure, obscure windows on the second-story with the exception of the
rear window and proposed planting of six IS-gallon Carolina Cherry trees for landscape
buffering.
(b) Preserve Natural Landscape. The project vicinity is characterized by smaller-sized
parcels, the majority of which range from 7,SOO sq. ft. to 10,000 sq. ft. Higher density
condominiums are located in the vicinity of the site, which is within walking distance
to downtown Big Basin Way. As such, there is very little natural landscape for
preservation since this area is urbanized.
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(c) Preserve Native and Heritage Trees. No native or herirage trees are proposed for .
removal. A non-native ordinance-sized tree Ouniper) is proposed for removal.
(d) Minimize perception of excessive bulk. Areas of maximum height are minimized
with interior ceiling heights of 8-9 feet. Elevations are softened using different
materials including shingles and horizontal siding.. The proposed horizontal siding
minimizes the perception of height. The roofline is varied in height and form. Large
wall expanses are avoided and large attic spaces are avoided. The fa~de is accentuated
with shutters, gable dormers, shingled gable ends, and a window flower box.
(e) Compatible bulk and height. The project vicinity is a mixture of one and two-
story residences. The second-story is stepped back from the first story building lines
and the hipped rooflines minimize bulk to blend with the scale of the neighborhood.
(1) Current grading and erosion control methods. The proposal will conform to the
City's current grading and erosion control methods.
(g) Design policies and techniques. The proposed project conforms to all of the
applicable design policies and techniques in the Residential Design Handbook in terms
of avoiding unreasonable interference with privacy and views and minimizirig bulk as
detailed in the findings above and this staff report.
Section 1. After careful consideration of the site plan, architectural drawings, plans and .
other exhibits submitted in connection with this matter, application number 04-379 for
Design Review Approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. The development shall be located and constructed as shown on Exhibit "A"
incorporated by reference and date stamped November 15, 2005.
2. Four sets of complete construction plans incorporating this Resolution and the
Arborist Report, dated March 23, 2005 shall be included on the plans submitted to
the Building Division for pennit plan check review.
3. Front yard landscaping shall be installed prior to final occupancy inspection. A
landscape bond may be submitted along with the applicable filing fee in lieu of this
requirement.
4. All changes to the approved plans must be submitted in writing with a clouded set
of plans highlighting the changes. Proposed changes to the approved plans are
subject to the approval of the Communiry Development Director and may require
review by the Planning Commission.
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5. The site plan shall contain a note with the following language: "Prior to foundation
inspection by the City, the liS of record shall provide a written certification that all
building setbacks are per the approved plans."
6. A grading and drainage plan combined with a storn water retention plan indicating
how all stonn water will be retained on-site, and incorporating the New
Development and ConstrUction - Best Management Practices, shall be submitted
along with the complete constrUction drawings.
7. The applicant or his designated representative shall apply for and secure a grading
permit if deemed necessary.
8. Water and/or runoff from the project site shall not be directed toward the adjacent
properties.
9. Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscaped area.
10. Planr materials selected shall be appropriate to site specific characteristics such as
soil type, topography, climate, amount and timing of sunlight, prevailing winds,
rainfall, air movement, patterns of land use, ecological consistency and plant
interactions to ensure successful establishment. '
11. Existing native trees, shrubs, and ground cover shall be retained and incorporated
into the landscape plan to the maximum extent possible.
12. Proper maintenance of landscaping, with minimal pesticide use, shall be the
responsibility of the property owner.
13. All processing fees, in the fonn of deposit accounts on file with the community
development deparonent, shall be reconciled with a minimum $500 surplus balance
at all times. In the event that the balance is less than $500, all staff work on the
project shall cease until the balance is restored to a minimum $500,
CITY ARBORIST
14. All recommendations contained in the City Aroorist Report dated March 23, 2005
shall be followed
15. Tree protective fencing and other protective measures, as specified by the City
Arborist in review of the final plans, shall be installed and inspected by Planning
Staff prior to issuance of City Permits.
16. Prior to issuance of City Permits, the applicant shall submit to rhe City, in a fonn
acceptable to the Community Development Director, security equivalent to $16,800
pursuant to the March 23, 2005 Arborist Report the value of all retained trees to
guarantee their maintenance and preservation.
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17. All proposed landscaping and approved fencing shall be installed prior to Final .
Building Inspection approval.
18. The City Arborist shall inspect the site to verify compliance with tree protective
measures. The bond shall be released after the planting of required replacement
trees, a favorable site inspection by the City Arborist, and payment of any
outstanding Arborist fees.
lB. All processing fees, in the form of deposit accounts on file with the community
development deparonent, shall be reconciled with a minimum $500 surplus balance
at all times. In the event that the balance is less than $500, all staff work on the
project shall cease until the balance is restored to a minimum $500.
PUBLIC WORKS
19. An encroachment pennit shall be obtained for any improvements in the City right-
of- way prior to commencement of construction.
GEOTECHNICAL CLEARANCE
20. The Project Geotechnical Consultant shall review and approve all geotechnical
aspects of the final development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for the building foundation and driveway) to
ensure that the plans, specifications and details accurately reflect the consultants' .
recommendations.
21. The results of the plan review shall be summarized by the Project Geotechnical
Consultant in a letrer(s) and submitred to the City Engineer for review prior to
issuance of permits.
22. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements, and excavations for fill keyways, and foundation construction
prior to placement of fill, steel and concrete.
23. The results of these inspections and the as-built conditions of the project shall be
described by the geologic and geotechnical consultants in a letter( s) and submitted to
the City Engineer for review and approval prior to Final Project Approval.
24. The owner (applicant) shall pay any outstanding fees associated with the City
Geotechnical Consultant's review of the project prior to issuance of a building permit.
FIRE DEPARTMENT
25. The applicant shall comply with all Fire Deparonent conditions.
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CITY A TIORNEY
26. Applicant agrees to hold City harmless from all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection
with City's defense of its actions in any proceeding brought in any State Federal
Court, challenging the City's action with respect to the applicant's project.
Section 2. ConstrUction must commence within 36 months or approval will expire.
Section 3. All applicable requirements of the State, County, City and other Governmental
entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this Resolution shall become effective fifteen days from the date of adoption
PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of
California, the 23'" day of November by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair, Planning Commission
ATTEST:
Secretary, Planning Commission
This pennit is hereby accepted upon the express terms and conditions hereof, and shall
have no force or effect unless and until agreed to, in writing, by the Applicant, and Property
Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms
and conditions and agrees to fully conform to and comply with said terms and conditions
within the recommended time frames approved by the City Planning Commission.
Propeny Owner or Authorized Agent
Date
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Attachment 2 . .
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ARBOR RESOURCES
Professional Arboricultural Consulting & Tree Care
A TREE INVENTORY AND REVIEW OF THE
PROPOSED NEW RESIDENCE AT
20840 FOURTH STREET
SARA TOGA, CALIFORNIA
OWNER'S NAME: Tran
APN #: 503.26-009
Submitted to:
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Prepared by:
David L. Babby, RCA
Registered Consulting Arborist #399
Certified Arborist #WE-4001A
March 23, 2005
P.O. Box 25295, San Mateo, California 94402 . Emai]: arborresources@earthlink.net
Phone: 650.654.3351 . Fax: 650.654.3352 . Licensed Contractor #796763
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David L. Bobby. Registered Consulting Arborist
March 23, 2005
INTRODUCTION
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The City of Saratoga Community Development Department 'has requested I review the
potential tree impacts associated with the proposed new residence at 20840 Fourth Street,
Saratoga. This report presents my findings and recommendations.
Plans reviewed for this report include Sheets A-O thru A-I 0 (by Memarie Associates., Inc.,
dated 9/04 and 10/04) and Sheets T-I and C-I (by SMP Engineering, dated 11/04). The
trees' locations, numbers and canopy dimensions are presented on an attached copy of
Sheet C-I (preliminary Grading and Drainage).
FINDINGS
There are two trees of Ordinance-size in proximity to the proposed project. They include
one Coast Live Oak (#1) situated on the neighboring eastern property and one Hollywood
Juniper (#2) in the backyard of the existing residence. Specific data compiled fQr both
trees is presented on the attached table. .
Tree #2 would be severely impacted by implementation of the proposed design and is
shown on Sheet A-2 to be removed. Mitigation should include the installation of one
native tree of 36-inch box size.
Tree #1 will be adequately protected by the recommendations presented in the next section e
being carefully followed and incorporated into construction plans.
The tree protection bond required for this project is $]6.8001 and considers the removal of
tree #2 and protection of #1.
RECOMMENDA nONS
I. Tree protective fencing shall be established precisely as shown on the attached map
and installed prior to any grading, surface scraping, construction or heavy equipment
aniving on site. It shall be comprised of six-foot high chain link mounted on eight-foot
tall, two-inch diameter galvanized posts, driven 18 inches into the ground and spaced
no more than 10 feet apart. Once established, the fencing must remain undisturbed and
be maintained throughout the construction and landscaping process. The relocation or
removal offencing shall be approved by the City before doing so.
2. Unless specifically approved, all site development activities must be conducted outside
the designated fenced areas (even after fencing is removed). These activities include,
but are not limited to, the following: grading, surface scraping, trenching, equipment
cleaning, stockpiling and dumping materials (including soil fill), and
equipment/vehicle operation and parking.
.
J This value was calculated in accordance with the Guide for Plant Appraisal. 9" Edition, published by the
International Society of Arboriculture, 2000.
Tran Property, 20840 Fourth Slreet, Saratoga
_ o. F'o. , ___~T\____.4____"
Page J of2
Ii
David L. Babby, Registered Consulting Arborist
March 23, 2005
.
3. Temporary or pennanent drainage features must be designed so water is not discharged
beneath tree #] 's canopy.
4. If a new water line is installed and connected with the existing water meter shown
beneath tree #]'s canopy, the direction of the line should be radial to the tree's trunk.
All digging with 20 feet of the trunk shall be manually perfonned using shovels. Roots
of two inches and greater in diameter that are encountered during the process shall
remain intact and tunneled beneath.
5. Trenching for utilities, services or drainage should be designed and installed outside
from beneath tree #] 's canopy. Where this is not possible, I should be consulted.
6. Irrigation trenching beneath tree #l's canopy must be installed in a radial direction to
its trunk and be comprised of a drip-type system. Plant material should be drought-
tolerant and compatible for planting beneath Oaks; contact the California Oaks
Foundation at www.californiaoaks.orgforalistofsuitableplants.
7. Bender board or other edging material installed beneath the canopy must be established
on top of existing soil grade.
8. Upon availability, plans showing new underground utilities, services and landscaping
(both planting and irrigation) should be reviewed for tree impacts.
.
9. The disposal of hannful products (such as chemicals, oil and gasoline) is prohibited
beneath canopies or anywhere on site that allows drainage beneath canopies. In
addition, fuel should not be stored nor shall any refueling or maintenance of equipment
occur within 100 feet of the trees' trunks (unless on the street or parking lot).
] O. Herbicides should not be applied beneath the canopies of retained trees. Where used
on site, they must be labeled for safe use near trees.
] ] . Any tree pruning or removals must be perfonned under supervision of an International
Society of Arboriculture (ISA) Certified Arborist and according to ISA standards.
Infonnation regarding Certified Arborists in the area can be obtained at http://www.isa-
arbor. com.
]2. The removal of tree #2 should be mitigated by one tree of 36-inch box size being
installed on site. Acceptable replacement species include Quercus agrifolia, Quercus
lobata, Quercus kelloggii, Quercus douglasii, Quercus dumosa, Acer macrophyllum,
Aesculus californica, Pseudo/suga menziesii and Sequoia sempervirens. The new
tree's proposed species, location and size be shown on the landscape plans and be at
least ]5 feet outside from beneath tree #] 's canopy. It must be installed prior to final
inspection and, as necessary for support, be double-staked with rubber tree ties.
Automatic irrigation must supplied and be of a drip-type system placed on grade.
. Attachments: Tree Inventory Table
Site Map (a copy of Sheet Co])
Tran Property, 20840 Fourth Street, Saratoga
ro,.... nl'.f::nrnlnCla Community Development Department
Page 2 of2
jb
.
ARBOR RESOURCES
Professional Arboricultural Consulting & Tree Care
TREE INVENTORY TABLE
1
TREE NAME
,
gj
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i~ ~
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NO,
2
.
REPLACEMENT TREE VALUES
15...11",,' 5120 24-inch 100" 5420 36-_ box' 51,320 48-inch box' 55,000 52-inch box' 57,000 72-_ box' 515 000
.
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Attachment 3
,.
.
/1
.
AFFIDAVIT OF MAILING NOTICES
STATE OF CALIFORNIA
)
)
)
SS.
COUNTY OF SANTA CLARA
I, Lo. {(A, ~A[\ eVa.,vJ
, being duly sworn, deposes and says: that I am a
citizen of the United States, over the age of 18 years; that acting for the City of Saratoga
Planning Commission on the yJ.. day of 11(Y(~, 2005, that I
deposited in the United States Post Office within Santa Clara County, a NOTICE OF
HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed
to the following persons at the addresses shown, to-wit:
(See list attached hereto and made part hereof)
. that said persons are the owners of said property who are entitled to a Notice of Hearing
pursuant to Section IS-4S.060(b) of the Zoning Ordinance of the City of Saratoga in that
said persons and their addresses are those shown on the most recent equalized roll of the
Assessor of the County of Santa Clara as being owners of property within 500 feet of the
property to be affected by the application; that on said day there was regular
communication by United States Mail to the addresses shown above.
I
y t1tJ;~))A.---
Si ed
.----'
.
.,n
City of Saratoga
Community Development Department
13m Fruitvale Avenue
Saratoga, CA 95070
408-868-1222
.
NOTICE OF HEARING
The City of Saratoga's Planning Commission announces the following public hearing on
Wednesday, the 23rd day of November 2005, at 7:00 p.m.
in the City Council Chambers located at 13m Fruitvale Avenue, Saratoga, CA 95070.
Project details are available at the Saratoga Community Development Deparnnent, Monday
through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the
planner noted below.
APPLICATION #04- 379 (503-26-009) TRAN, 20840 Fourth Street; - The applicant
requests design review approval to construct a two-story single-family residence. The
project includes the demolition of an existing one-story residence. The total floor area of the
proposed two-story residence is 2,449.4 square feet. A 1,454 square foot basement is
proposed. The maximum height of the proposed residence is 23 feet. The gross lot size is
5,177 square feet and the site is zoned R-llO,OOO. This item was continued from the July 27, .
2005 Planning Commission public heating.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order to be included
in the Planning Commission's information packets, written communications should be filed on or
before the Tuesday, a week before the meeting.
Tbis notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor's office annually, in
preparing its notice mailing lists. In some cases, out-of -date information or difficulties with the
U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. Tbis will ensure that everyone
in your Community has as much information as possible concerning this project.
Lata Vasudevan, AICP
Associate Planner
lvasudevan@saratoga.ca.us
408 868-1235
.
"I
~0363001
GATEHOUSE CONDOMINUM
HOMEOWNERS ASSN THE
.10 4TH ST UNIT 1
'!&ATOGA CA 5036300195070-
50363004
KAMIAK SANDRA TRUSTEE
20810 4TH ST UNIT 4
SARATOGA CA 5036300495070-
5844
50363007
SCHWENDINGER RICHARD L
AND PATRICIA A
P.O. BOX 266
SARATOGA CA 5036300795071
50363010
DEMARTINIS STANLEY A AND
MIRIAM L TRUSTEE
21315 SARATOGA HILLS RD
SARATOGA CA 5036301095070-
50363013
JAKOB ROBERT M
POBOX 6214
SAN JOSE CA 5036301395150-
1;3016
TIGHE BRIAN B TRUSTEE & ET
AL
337 JUNlPERO PLAZA
SANTA BARBARA CA
-.. .... ..-..-
50363019
SANFORD PETER L TRUSTEE
109 LIMESTONE LN
SANTACRUZ CA
5036301995060
50363022
BARRIE-SODERSTROM
KATHLEENC
12908 PIERCE RD
SARATOGA CA 5036302295070-
50363025
BRENNOCK THOMAS M AND
PAULAA
10812 4TH ST UNIT 23
)ARATOGA CA 5036302595070-
a3028
!!!IIWrnEY JAMES AND NORMA
rRUSTEE
.3959 TRINITY CT
;ARATOGA CA 5036302895070-
50363002
TRAVIS WARD C
20810 4TH ST UNIT 2
SARATOGA CA 5036300295070-
5844
50363005
POKRESS WAYNE R AND
SUSAN K
20812 4TH ST UNIT 1
SARATOGA CA 5036300595070-
50363008
MURPHY CAMERON AND TINA
20812 4TH ST UNIT 4
SARATOGA CA 5036300895070-
5845
50363011
GRISWOLD LAURA J
20812 4TH ST UNIT 7
SARATOGA CA 5036301195070-
5846
50363014
TIGHE BRIAN R AND
ANIT AL YNN M TRUSTEE
6374 CANDLEWOOD CT
CUPERTINO CA 5036301495014-
50363017
GLANTZ WILLIAM J AND
JENNIFER C ET AL
20812 4TH ST UNIT 15
SARATOGA CA 5036301795070-
50363020
DORSA DANIEL A JR TRUSTEE
& ET AL
20812 4TH ST UNIT 16
SARATOGA CA 5036302095070-
50363023
BODEN MIKE J AND LINDA L
20812 4TH ST UNIT 21
SARATOGA CA 5036302395070-
5848
50363026
YEN KIRK K AND PI-CHENG C
20812 4TH ST UNIT 22
SARATOGA CA 5036302695070-
5848
50363029
EAKLE STEPHEN S
20760 4TH ST UNIT 11
SARATOGA CA 5036302995070-
5851
50363003
MCGRATH ANN F TRUSTEE
20810 4TH ST UNIT 3
SARATOGA CA 5036300395070-
5844
50363006
WARRENKATHRYNBET AL
501 CLIFFSIDE CT
PT RICHMOND CA
5036300694801
50363009
COCHRANE ELSIE M
800 BLOSSOM HILL RD UNIT 72
LOS GATOS CA 5036300995032
50363012
ROGERS WILLIAM AND DIANA
20812 4TH ST UNIT 8
SARATOGA CA 5036301295070-
5846
50363015
JENG CHYI RONG AND ZEUU
CHYI
15214 BELLE CT
SARATOGA CA 5036301595070
50363018
SHON CHANG SUN AND SANG
S
20812 4TH ST UNIT 14
SARATOGA CA 5036301895070-
50363021
ZARECKY GARY L AND DIANE
208124TH ST UNIT 19
SARATOGA CA 5036302195070-
5847
50363024
WHEELER LORRAINE A
20812 4TH ST UNIT 20
SARATOGA CA 5036302495070-
5848
50363027
THANA W ALA ASHISH A AND
SINHA SHEFALI
20812 4TH ST UNIT 25
SARATOGA CA 5036302795070-
50363030
HERMAN THEODORE C
TRUSTEE
20760 4TH ST UNIT 12
SARATOGA CA 5036303095070-
50363031
BRASH LAURA
20760 4TH ST UNIT 9
SARATOGA CA 5036303195070-
5851
50363034
ANDERSON RONALD A
20760 4TIf ST UNIT 8
SARATOGA CA 5036303495070-
5851
50363037
CRUZ VERONICA TRUSTEE
207604TIf ST UNIT 3
SARATOGA CA 5036303795070-
5850
50363040
RUSIN ANNE S ET AL
20760 4TH ST UNIT 2
SARATOGA CA 5036304095070-
5850
50363043
ROESSLER CYNTHIA A
20740 4TH ST UNIT 9
SARATOGA CA 5036304395070-
5853
50363046
FRADIN DAVID M
20740 4TH ST UNIT 8
SARATOGA CA 5036304695070-
5853
50363049
LAWSON RONALD G AND
LINDA E
20740 4TIf ST UNIT 3
SARATOGA CA 5036304995070-
50363052
ANT ABLIAN AREVIG
20740 4TH ST UNIT 2
SARATOGA CA 5036305295070-
5852
50363055
BARRERA DAVID R
20720 4TIf ST UNIT 15
,ARA TOGA CA 5036305595070-
;855
;0363058
30RJA SALVADOR
!30 LILLE LN UNIT 214
'ffiWPORTBEACH CA
;036305892663-2665
50363032
NGFLORA
21285 SARATOGA HILLS RD
SARATOGA CA 5036303295070-
5375
50363035
EGGLESTON ROGER B AND
ROSALEE "
12487 ARROYO DE ARGUELLO
SARATOGA CA 5036303595070-
50363038
CZWORNIAK KENNETH J
20760 4TIf ST UNIT 4
SARATOGA CA 5036303895070-
5850
50363041
LYU CHUNG-NAN AND LU
MAY
19782 BRAEMAR DR
SARATOGA CA 5036304195070- "
50363044
BINDER LESLIE A
20740 4TIf ST UNIT 10
SARATOGA CA 5036304495070-
5853
50363047
STEARNS JAY M
20740 4TH ST UNIT 5
SARATOGA CA 5036304795070-
5852
50363050
VELTON VICTOR AND REGINA
TRUSTEE
4662 BLUERIDGE DR
SAN JOSE CA 5036305095129
50363053
MAURER FREDERICK J
20720 4TH ST UNIT 17
SARATOGA CA 5036305395070-
5895
50363056
BARRIE KATHLEEN C
12908 PIERCE RD
SARATOGA CA 5036305695070-
3714
50363059
PETAN FLORENCE
20720 4TH ST UNIT 9
SARA TOGA CA 5036305995070-
5855
50363033
SCHRANZ VIKTOR AND
KRISTAL Y ERlKA G
20760 4TH ST UNIT 7 ..
SARATOGA CA 50363033950","
50363036
WOOTTEN LAURA L
207604TIf ST UNIT 6
SARATOGA CA 5036303695070-
5850
50363039
Sll..BERSTEIN J H AND Lll..LIAN
TRUSTEE
20760 4TIf ST UNIT 1
SARATOGA CA 5036303995070-
50363042
BOBORICKEN STEPHEN AND
ANNE
1140WLATIMER
CAMPBELL CA 5036304295008-
50363045
FALCONE VIRGINIA M
TRUSTEE & ET AL
520 VISTA DEL MAR
APTOS CA 5036304595003 .
50363048
KOOT ROSE S
20700 4TIf ST UNIT 6
SARATOGA CA 5036304895070-
5843
50363051
CINGOLANI GEORGE AND
BEVERLY
20740 4TIf ST UNIT 1
SARATOGA CA 5036305195070-
50363054
BLACK JOHN P AND
CHRISTINA D
20720 4TH ST UNIT 16
SARATOGA CA 5036305495070-
50363057
PARK JIN W AND MIN K
20720 4TH ST UNIT 11
SARATOGA CA 5036305795070-
5855
50363060
T AI HSUEH H ET AL
20720 4TH ST UNIT 10
SARATOGA CA 5036306095070-
5855
.
",?,
50363061
WILLIAMS SHELLIE S JR
ESTEE
1 BROOK RIDGE DR
TOGA CA 5036306198070
50363064
WALSH T F TRUSTEE
12759 PLYMOUTH DR
SARATOGA CA 5036306495070-
3936
50363067
BANG HUNGSUK AND EUN JA
20720 4TH ST UNIT 1
SARATOGA CA 5036306795070-
5854
50363070
DAVIS LESLIE
20700 4TH ST UNIT 12
SARATOGA CA 5036307095070-
5803
50363073
CHANG WAYNE C AND SU- TI L
TRUSTEE
419 GALLERIA DR UNIT 6
.. JOSE CA 5036307395134-
.63076
LIANIDES MARK C TRUSTEE
20700 4TH ST UNIT 6
SARATOGA CA 5036307695070-
5843
50363079
CHIAVETTA GARY G AND
MADELINE S TRUSTEE
19548 CHARDONNAY UNIT CT
SARATOGA CA 5036307995070
50363082
KAO MABEL TRUSTEE
20800 4TH ST UNIT 12
SARATOGA CA 5036308295070-
5861
50363085
MCCURDY HELEN C TRUSTEE
517 RNERVIEW DR
CAPITOLA CA 5036308595010
.3088
WcKA JOSEPH A AND
MILDRED I TRUSTEE
10800 4TH ST UNIT 6
,ARATOGA CA 5036308895070-
50363062
KIRK GEORGE E AND NANCY G
TRUSTEE
20270 LA PALOMA A V
SARATOGA CA 5036306295070-
50363065
JACKSON DEBRA D
20720 4TH ST UNIT 3
SARATOGA CA 5036306595070-
5854
50363068
FORTE KATHERINE A
20720 4TH ST UNIT 2
SARATOGA CA 5036306895070-
5854
50363071
KELLY NOVELLE V TRUSTEE
20700 4TH ST UNIT 9
SARATOGA CA 5036307195070-
5803
50363074
ARCHER MICHAEL E AND
GAYLE L TRUSTEE
POBOX 7367
INCLINE VILLAGE NY
50363077 -- . -- -. --
LEPIANE SYLVAN E
15890 SHANNON RD
LOS GATOS CA 5036307795032-
5729
50363080
GASIK KATHRYN TRUSTEE
159 OLD ADOBE RD
LOS GATOS CA 5036308095032
50363083
LAWSON LINDA AND RONALD
14090 ELVIRA ST
SARATOGA CA 5036308395070-
5815
50363086
DUNCANSON ROBERT A AND
YVONNE L TRUSTEE
20800 4TH ST UNIT 8
SARATOGA CA 5036308695070-
50363089
LONG JOSEPH P JR AND SUSAN
D
POBOX 2095
SARATOGA CA 5036308995070-
50363063
FALCONE MARK C AND
CYNTHIA A TRUSTEE
1388 POE LN
SAN JOSE CA 5036306395130-
50363066
STRAW RICHARD E AND
BARBARA L
20720 4TH ST UNIT 4
SARATOGA CA 5036306695070-
50363069
STAATS EILEEN A
14510 A BIG BASIN WY UNIT
228
SARATOGA CA 5036306995070-
50363072
WEISKAL NATALIE J
20700 4TH ST UNIT 10
SARATOGA CA 5036307295070-
5803
50363075
LEUNG DENNIS C AND GRACE
20700 4TH ST UNIT 5
SARATOGA CA 5036307595070-
5843
50363078
GOLDMAN JOAN C
1624 LYLE DR
SAN JOSE CA 5036307895129-
4810
50363081
ZANGER CARL F AND BETTY J
TRUSTEE
10229 ADRIANA A V
CUPERTINO CA 5036308195014-
50363084
GILLEN LAWRENCE S AND
LAURA N
6025 FOOTHILL GLEN DR
SAN JOSE CA 5036308495123-
50363087
TSA Y CHEN-HUI AND LI ME!-
CHUNG
3821 THOMPSON CREEK CT
SAN JOSE CA 5036308795135-
50363090
HU MIN HUEI
20800 4TH ST UNIT 4
SARATOGA CA 5036309095070-
5897
rlJ
50363091
ALVORD FRED L AND DORINE
13782 CALLE TACUBA
SARATOGA CA 5036309195070-
4921
50363094
ARCHER MICHAEL E AND
GAYLEL TRUSTEE
POBOX 7367
INCLINE VILLAGE NY
-. - ... - .. - . -- -- .-
50363097
PAOLIJENNIFERLET AL
16280 LOS SERENOS ROBLES
MONTE SERENO CA
5036309795030
50363100
MANZAGOL DONALD S AND
KATHLEEN M TRUSTEE
23362 WAYFARER CT
AUBURN CA 5036310095602
50363103
LINDBERG VERDA M TRUSTEE
20780 4TH ST UNIT 9
SARATOGA CA 5036310395070-
5801
50363106
RHEE PETER H
1150 SCOTT BL STE D2
SANTA CLARA CA
5036310695050
50363109
BADER RICHARD F AND
PATRlCIAJ
27720 MICHAELS DR
SARATOGA CA 5036310995070
50363112
WARREN KATHRYNB ET AL
501 CLIFFS IDE CT
PT RICHMOND CA
;036311294801
50363092
FLENNIKEN MATHEW T AND
MILLER V ALARY A
20800 4TH ST UNIT 2
SARATOGA CA 5036309295070-
50363095
DUMONT DENNIS
20790 4TH ST UNIT 5 '.
SARATOGA CA 5036309595070-
5802
50363098
GANZHORN HARRY E AND
ELSBETH R TRUSTEE
15943 VIEWFIELD RD
MONTE SERENO CA
-.. --------.. -...
50363101
TV MIKE M AND SHANLI HU
20780 4TH ST UNIT 11
SARATOGA CA 5036310195070-
5801
50363104
MEDEIROS ANNA K TRUSTEE
20780 4TH ST UNIT 10
SARATOGA CA 5036310495070
50363107
GALE KATHLEEN M TRUSTEE
3720 CAPITOLA RD
SANTA CRUZ CA
5036310795062
50363110
JIMENEZ NATALIA
20780 4TH ST UNIT 4
SARATOGA CA 5036311095070-
5849
50363093
DIERKES CARL L TRUSTEE
PO BOX 495
SARATOGA CA 5036309395c4t
0495
50363096
ARCHER MICHAEL E AND
GAYLE L TRUSTEE
POBOX 7367
INCLINE VILLAGE NY
- - - - - - - - - - . - - - - --
50363099
TING SA! LUEN AND YE SHAO
YING
20790 4TH ST UNIT I
SARATOGA CA 5036309995070-
50363102
SUNDERLAND MICHAEL J
TRUSTEE
380 BRANHAM LN UNIT 206
SAN JOSE CA 5036310295136
50363105
ZAK CHRISTINE M
20780 4TH ST UNIT 7
SARATOGA CA 5036310595070-
5849 ~
50363108
CARATOZZOLO JAMES RAND
GAIL L ET AL
20435 CHALET LN
SARATOGA CA 5036310895070-
50363111
BURGER BERT AND VIVIAN D
TRUSTEE
20780 4TH ST UNIT 1
SARATOGA CA 5036311195070-
~
"i
50365001
'w.UERFLEIN ROBERT D AND
SUEL
_68 STONERIDGE DR
~TOGA CA 95070-5743
50365004
LARCEN MARDELL
14662 STONERIDGE DR
SARATOGA CA 95070-5743
50365009
BRENCHLEY WILLIAM M
TRUSTEE
POBOX 338
SARATOGA CA 95071-0338
50365013
MACMORRAN JAMES RAND
NANCY M ET AL
1155 CHANNING A V
PALO ALTO CA 94301
50365016
FLEMING EDWIN T AND
GERALDINE T TRUSTEE
14661 FIELDSTONE DR
~TOGA CA 95070-5734
.65020
SARATOGA OAKS
HOMEOWNERS ASSOC
1935 DRY CREEK RD STE 203
CAMPBELL CA 95008-3631
50365023
RAPPORT JACK TRUSTEE
14638 FIELDSTONE DR
SARATOGA CA 95070-5732
50365026
KEIRNAN MELINDA AND
MCGEE KEVIN
14644 FIELDSTONE DR
SARATOGA CA 95070-5732
50365029
ANDERSON NORMAN R AND
MARY D
14650 FIELDSTONE DR
SARATOGA CA 95070-5733
.65032
.FMAN CHARLES E AND
MAUREEN S
14658 FIELDSTONE DR
SARATOGA CA 95070-5733
50365002
MILLER CHERIE B
14666 STONERIDGE DR
SARATOGA CA 95070-5743
50365005
ROTHMULLER M. JANE
14660 STONERIDGE DR .
SARATOGA CA 95070-5743
50365010
SCHRAGA BURTON L AND
KAREN L
14646 STONERIDGE DR
SARATOGA CA 95070-5742
50365014
ISHERWOOD CHARLES SAND
PATRICIA M TRUSTEE
14665 FIELDSTONE DR
SARATOGA CA 95070-5760
50365017
LOPRESTO ROBERT L TRUSTEE
& ET AL
14659 FIELDSTONE DR
SARATOGA CA 95070-5734
50365021
MOUTAFIAN DORA
14634 FIELDSTONE DR
SARATOGA CA 95070-5732
50365024
PAULSEN ELKE M TRUSTEE
14640 FIELDSTONE DR
SARATOGA CA 95070-5732
50365027
REEDY ROGER F AND MARY C
14646 FIELDSTONE DR
SARATOGA CA 95070-5732
50365030
O'MALLEY THOMAS J AND
BARBARA A
14654 FIELDSTONE DR
SARATOGA CA 95070-5733
50365033
MORRISON DAVID AND JANET
L
14660 FIELDSTONE DR
SARATOGA CA 95070-5761
50365003
KIBORT BERNARD R AND ANN
M TRUSTEE
14664 STONERIDGE DR
SARATOGA CA 95070-5743
50365008
JENKEL THEODORE A JR AND
EILEEN F TRUSTEE
14650 STONERIDGE DR
SARATOGA CA 95070-5742
50365012
MELLEN-BANAKAS FRANCES
TRUSTEE
14669 FIELDSTONE DR
SARATOGA CA 95070-5760
50365015
TJADEN DARRYL L AND ANNE
F
14663 FIELDSTONE DR
SARATOGA CA 95070-5760
50365018
BRIGHT NICHOLAS J TRUSTEE
& ET AL
14657 FIELDSTONE DR
SARATOGA CA 95070-5734
50365022
BULJAN GEORGE T AND
HELEN J TRUSTEE
14636 FIELDSTONE DR
SARATOGA CA 95070-5732
50365025
CROSS JUDSON S TRUSTEE
14642 FIELDSTONE DR
SARATOGA CA 95070-5732
50365028
ANDERSON NORMAN R AND
MARY D TRUSTEE
14650 FIELDSTONE DR
SARATOGA CA 95070-5733
50365031
JORDAN JEFF K AND MARY A
TRUSTEE
14656 FIELDSTONE DR
SARATOGA CA 95070-5733
50365034
BOOKER JOE T AND CAROLYN
E TRUSTEE
14662 FIELDSTONE DR
SARATOGA CA 95070-5761
~ I.
50365035
~ANELU EDWARD A AND
:-ORNA C TRUSTEE
14656 STONERIDGE DR
SARATOGA CA 95070-5743
50365036
ALDRIDGE BARBARA
14655 FIELDSTONE DR
SARATOGA CA 95070-5734
~
~
~
.51'
50361001 50361002 50361003
SHIPPEE RICHARD R AND DOYLE ELKE S SHANENDOAH COMPANY THE
JULIE A TRUSTEE PO BOX 422 3490 SOUTHAMPTON DR
E SPRINGER CT OLD LYME CT 06371 RENO NY 89509
TOGA CA 95070-5726
50361004 50361005 50361006
COMISKY HANNAH S DEVINE ANDREW M ET AL RUSHING JACK R AND LYNN W
19324 MONTE VISTA DR 14638 SPRINGER CT 14640 SPRINGER CT
SARATOGA CA 95070-6220 SARATOGA CA 95070-5726 SARATOGA CA 95070-5726
50361007 50361008 50361009
FONNER CHARLES AND IW ANAGA ADRIENNE R GIANNETTO MARJORIE E AND
BARBARA TRUSTEE S T TRUSTEE
14642 SPRINGER CT 14644 SPRINGER CT 15195 BECKY LN
SARATOGA CA 95070-5726 SARATOGA CA 95070-5726 MONTE SERENO CA 95030-2105
50361010 50361011 50361012
BAGNATO PATRICIA L HLA V A JOYCE A TRUSTEE COAKLEY RUBY TRUSTEE
TRUSTEE 14662 SPRINGER AV 14664 SPRlNGERAV
235 NOB HILL A V SARATOGA CA 95070-5748 SARATOGA CA 95070-5748
LOS GATOS CA 95032
50361013 50361014 50361015
SYVERTSON CLARENCE A GREY LEE S TRUSTEE THOMPSON KAREN AND
TRUSTEE & ET AL 14668 SPRlNGERAV JAMES
14666 SPRINGER A V SARATOGA CA 95070-5748 14670 SPRINGER A V
ETOGA CA 95070-5748 SARATOGA CA 95070-5748
1016 50361017 50361018
WOODRUFF HERBERT AND IRETON DONNA S COMBS ROY E AND ANN
ROSEMARIE 14654 SPRINGER A V TRUSTEE
14656 SPRINGER A V SARATOGA CA 95070-5720 PO BOX 308
SARATOGA CA 95070-5720 SARATOGA CA 95071-0308
50361019 50361020 50361021
HARTLEY Y ASUKO F KLEINMAN PHYLLIS AND FLORSHEIM MARY F
14650 SPRINGER A V KLEINMAN FAMILY 1977 14638 PLACIDA CT
SARATOGA CA 95070-5720 14636 PLACIDA CT SARATOGA CA 95070-5739
SARATOGA CA 95070-5739
50361022 50361023 50361024
JUILMETTE VICTOR M REMMELL JAMES E JR FRANCIS HELEN G FBO
fRUSTEE TRUSTEE FRANCIS BYPASS TR ET AL
14640 PLACIDA CT 14642 PLACIDA CT 14644 PLACIDA CT
,ARATOGA CA 95070-5739 SARATOGA CA 95070-5739 SARATOGA CA 95070-5739
;0361025 50361026 50361027
'lARPER ERNEST T AND KLEINMAN SIMON AND BALLARD MICHAEL AND
WSEMARY P PHYLLIS TRUSTEE KELLIE
14646 PLACIDA CT 14636 PLACIDA CT PO BOX 59664
;ARATOGA CA 95070-5739 SARATOGA CA 95070-5739 POTOMAC MD 20859
1b028 50361029 50361030
ER THOMAS B AND NORTHWOOD MICHAEL A COLEMAN MICHAEL P AND
3ERDA M 14654 PLACIDA CT MAUREEN C
4652 PLACIDA CT SARATOGA CA 95070-5740 14656 PLACIDA CT
:ARATOGA CA 95070-5740 SARATOGA CA 95070-5740
'If
;0361031
MORIARTY JOSEPH AND LISA
14658 PLACIDA CT
,ARATOGA CA 95070-5740
;0361034
GM YOUNG I
14664 WILD BERRY LN
SARATOGA CA 95070-5747
50361032
GEMBERLING RONALD M'AND
ADRIENNE M
14660 WILD BERRY LN
SARATOGA CA 95070-5747
50361035
TAYLOR RAYMOND M JR
14666 WILD BERRY LN ,
SARATOGA CA 95070-5747
50361033
BRUBAKER ADA M TRUSTEE
14662 WILD BERRY LN
SARATOGA CA 95070-5747 ~
50361036
WOODWORTH LOIS D
TRUSTEE & ET AL
14668 WILD BERRY LN
SARATOGA CA 95070-5747
.
~
1'1
50326003 50326004 50326005
H0LBR00K, WILSON E & BRONZICH, DORIS I TRUSTEE LAM, PATRICK K & MEI Y
KAYEA 20896 4TH ST 20880 4TH ST
E CANYON VIEW DR SARATOGA CA 95070-5839 SARATOGA CA 95070-5839
TOGA CA 95070-5810
50326006 50326007 50326008
KASS, PAULD TRUSTEE ETAL JAF ARI, MASOUD & DIANE M KRAULE, ERIC 0 & SHERRY
20870 4TH ST 20860 4TH ST 20850 4TH ST
SARATOGA CA 95070-5839 SARATOGA CA 95070-5839 SARATOGA CA 95070-5839
50326009 50326010 50326011
TREHARNE, M C & CHAETH J SAINT-GOBAIN CERAMICS & KRAULE, ERNEST 0 TRUSTEE
20840 4TH ST PLASTICS INC 14433 SPRlNGERAV
SARATOGA CA 95070-5839 20820 4TH ST SARATOGA CA 95070-5827
SARATOGA CA 95070
50326012 50326013 50326014
KRAULE, ERNEST 0 TRUSTEE KRAULE, ERNEST 0 TRUSTEE BEATTY, TODD A & LISA M
14445 SPRINGER A V 14445 SPRINGERAV 14461 SPRlNGERAV
SARATOGA CA 95070-5827 SARATOGA CA 95070-5827 SARATOGA CA 95070-5827
50326015 50326020 50326021
BARBER, ANN D TRUSTEE MOSHTAGHI, HAMID REED, DAVID R
14455 BLACKWALNUT CT 20758 WILDWOOD WY 20750 WILDWOOD WY
SARATOGA CA 95070 SARATOGA CA 95070-5877 SARATOGA CA 95070-5877
&6022 50326026 50326027
HEERW AGEN, TYLER D & FORD, CLAUDETTE L TRUSTEE FORD, CLAUDETTE L TRUSTEE
BELINDA B 524-24TH AVENUE 524-24TH AVENUE
14346 WILDWOOD WY SAN FRANCISCO CA 94121 SAN FRANCISCO CA 94121
SARATOGA CA 95070-5875
50326028 50326029 50326030
BAGNAS, EMMANUEL S SR & KILLIAN, EVERET D & LUCIE M FORD, CLAUDETTE R TRUSTEE
MARILYN V 14395 WILDWOOD WY 524-24TH AVENUE
14005 WILDWOOD WY SARATOGA CA 95070-5830 SAN FRANCISCO CA 94121
SARATOGA CA 95070-5830
50326031 50326032 50326035
RUANO, RODOLFO SR & KEMP, CYNTHENY A SHISHIDO, HIROSHI & NAZILA
GLORIA 14362 SPRINGER A V 14481 SPRINGER A V
14370 SPRINGERAV SARATOGA CA 95070-5826 SARATOGA CA 95070-5827
SARATOGA CA 95070-5826
50326046 50326048 50326050
SCHULZ, KENNETH P & CAROL Lill, SHAO-HUNG G & T AI-HUA BEAUDOIN, HAROLD A
A L TRUSTEE TRUSTEE
15001 SPRINGERAV 14491 SPRINGER A V PO BOX 55
SARATOGA CA 95070-5874 SARATOGA CA 95070-5827 SARATOGA CA 95071-0055
.
0840 4th Street
~n
i0326051
:HIN, SIMON S
10760 WILDWOOD WY
,ARATOGA CA 95070-0000
50326055
50326056
~
~
.
~40 4th Street
~I
50327001
FOOTE, MARJORIE U TRUSTEE
20910 CANYON VIEW DR
FTOGA CA 95070-5810
50327009
ARNO, ROGER D & KATHLEEN
A TRUSTEE
14343 ELVA AV
SARATOGA CA 95070-5813
50327012
SARRAMI, HAMID
14361 ELVAAV
SARATOGA CA 95070-5813
50327017
V AN DEN HOEK, WILBERT &
RIEKO
15470 BOHLMAN RD
SARATOGA CA 95070-6306
50327021
POOLE, PRISCILLA F &
)ONALD E
14340 ELVA AV
~TOGA CA 95070-5814
.7044
:::ANCELLIERI, ROBERT &
;BIRLEY TRUSTEE
14860 CODY LN
;ARATOGA CA 95070-6018
;0327047
'OLCYN, JAMES J
.4365 PAULAV
;ARATOGA CA 95070-5820
;0327051
~ARTMELL, SAM
4350PAULAV
;ARATOGA CA 95070-5821
0327054
:ZALAY, TffiOR & MARGARET
4328 PAUL A V
ARATOGA CA 95070-5821
.
840 4th Street
50327002
KWOK, PATRICK SHU Pill &
SUSAN CHOW TRUSTEE
10222 CARMEN RD
CUPERTINO CA 95014-2784
50327010
GRANADO, RANDY M &
CECILIA R
14341 ELVAAV
SARATOGA CA 95070-5813
50327013
ZHANG, KAI & XIN
14371 ELVAAV
SARATOGA CA 95070-5813
50327018
PENUEN, MICHAEL G & SHEILA
K
14380ELVAAV
SARATOGA CA 95070-5814
50327022
QUON, SHUN W & JANE E JUE
14330 ELVA AV
SARATOGA CA 95070-5814
50327045
MARSHALL, BRUCE &
ROBERTA TRUSTEE
14341 PAULAV
SARATOGA CA 95070-5820
50327048
HANNIBAL, ROSS & SUSAN
14375 PAULAV
SARATOGA CA 95070-5820
50327052
MEHAFFEY, JOHN F & ANNE W
14340PAULAV
SARATOGA CA 95070-5821
50327074
SPARACINO, MICHAEL G &
CHARLOTTE J TRUSTEE
14325 SPRlNGERAV
SARATOGA CA 95070-5889
50327003
MAZAHERI, REZA
20890 CANYON VIEW DR
SARATOGA CA 95070-5887
50327011
SPEARS, ROSALEEN
14351 ELVAAV
SARATOGA CA 95070-5813
50327016
GARCIA, MARIA E TRUSTEE
20845 4TH ST
SARATOGA CA 95070-5838
50327020
STEPHENS, LLOYD G
14350 ELVA AV
SARATOGA CA 95070-5814
50327023
STANARO,CHESTERJ
TRUSTEE.
14320ELVAAV
SARATOGA CA 95070-5814
50327046
50327050
MA, ZHAOQING & MUZm
14360PAULAV
SARATOGA CA 95070-5821
50327053
NISHIMOTO, GARY M
14330PAULAV
SARATOGA CA 95070-5821
50327075
SCOTT, SAMUEL T III & AIDA A
922 BICKNELL RD
LOS GATOS CA 95030-2112
~7u
;0327076
IVEINMANN, ROBERT L
4371 SPRlNGERAV
iARATOGA CA 95070-5889
50327077
SCHNEIDER, SCOTT K & NOLA
A ET AL
14510 BIG BASIN WY 226
SARA TOGA CA 95070
50327086
MC CHESNEY, MICHAEL J &
SUSAN M
20620 LOMITA A V .
SARATOGA CA 95070-6024
.
.
840 4th Street
.~~
50327091
FORCIER, DAVID A & YVONNE
M
_1 ELVAAV
~TOGA CA 95070-5813
50327094
POUTRE, JUDITH E TRUSTEE
ETAL
14360 ELVA AV
SARATOGA CA 95070-5814
50327099
MERZ, WILLIAM M & JOCELYN
B
14391 ELVAAV
SARATOGA CA 95070-5813
;0328008
\1EHRANY, METAL
105 DOVER CT
lOS GATOS CA 95032-3816
;0328011
<\BACHIZADEH, BUAN &
MILAV
W981 CANYON VIEW DR
~TOGA CA 95070-5809
.8134
,ARATOGA OAKS
iOMEOWNERS ASSOC
1935 DRY CREEK RD 203
:AMPBELL CA 95008-3631
;0363001 TI12
.
'840 4th Street
50327092
BOURDET, JOSEPH JR TRUSTEE
ETAL
1151 COTSWALD CT
SUNNYVALE CA 94087-3713
50327097
AMIRKIAI, YOUSSEF &
MALIHEH D
14399 PAUL AV
SARATOGA CA 95070-5820
50327109
TOOYSERKANI, PIROOZ &
NAZANIN TRUSTEE
14315PAULAV
SARATOGA CA 95070-5820
50328009
LA, TAMN
POBOX2174
SARATOGA CA 95070
50328012
SHARMA, JAY S & NEENA
20995 CANYON VIEW DR
SARATOGA CA 95070-5809
50328140
5036500lT036
50327093
KIM, SAMUEL U & SUSAN S
14370ELVAAV
SARATOGA CA 95070-5814
50327098
HSIAO, KUANG N
PO BOX 610544
SAN JOSE CA 95161-0544
50328007
TRAN,LOC
20931 CANYON VIEW DR
SARATOGA CA 95070-5809
50328010
HELLAR, EUGENE E
20971 CANYON VIEW DR
SARATOGA CA 95070-5809
50328013
MINECK, DAVID W & DIANA W
TRUSTEE
21011 CANYON VIEW DR
SARATOGA CA 95070-5717
50361001T036
50365020
SARATOGA OAKS
HOMEOWNERS ASSOC
1935 DRY CREEK RD 203
CAMPBELL CA 95008-3631
.31
.
. .. .
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. Attachment 5
.
_0
Planning Commission Minutes for July 27,2005
Page 22
residence with basement on property located at 20851 Canyon View Drive, .
by the following roll call vote:
AYES: Cappello, Kundtz, Nagpal and Uhl
NOES: None
ABSENT: Hunter, Rodgers and Schallop
ABSTAIN: None .
***
PUBLIC HEARING. ITEM NO.6
APPLICATION #04-379 (503-26.009) TRAN, 20840 Fourth Street; - The applicant requests
Design Review Approval to construct a two-story single-family residence. The project
includes the demolition of an existing one-story residence. The total floor area of the
proposed two-story residence is 2,559.4 square feet. A 1,496.66 square foot basement is
proposed. The maximum height of the proposed residence is 24 feet. The gross lot size is
5,177 square feet and the site is zoned R-1 10,000. (CHRISTY OOSTERHOUS)
Associate Planner Christy Oosterhous presented the staff report as follows:
. Advised that the applicant is seeking Design Review Approval to allow the construction of
a new two-story single-family residence with 2,559 square feet and 1,496 square foot
basement and the demolition of an existing single-story residence. The maximum height
of the new residence would be 24 feet. The lot size is 4,177 square feet and the zoning is .
R-1-10,000.
. Said that a juniper is proposed for removal.
. Described the building materials as including composition shingle roofing and cultured
stone accents.
. Said that comments in opposition were received from two neighbors due to hillside view
impacts and privacy impacts.
. Recommended approval.
Commissioner Kundtz asked about the neighbor issues and concerns, specifically Ms.
Esparanza Garcia's. He asked if there are unreasonable view impacts. .
Planner Christy Oosterhous said that the Garza's views are not impacted from the front porch
or residence but there are serious view impacts from a picnic table in the yard.
Commissioner Cappello asked about the setback requirements for this lot.
Planner Christy Oosterhous reported that there are not a lot of smaller lots such as this 50-
foot wide lot. The side yard setback is 10 percent of the lot width or 6 feet, whichever is
greater. There is an additional five-foot setback required for the second story.
Chair Nagpal opened the Public Hearing for Agenda Item No.6.
~
Ms. Rachael Frame, Project Representative:
. Advised that she is here to represent the property owner.
.
.
.
Planning Commission Minutes for July 27, 2005
Page 23
"
. Pointed out that a lot of homes in this neighborhood have been increased into two-story
homes and that this lot is unusually shaped and small.
. Stated that the architect has made the most of the house on this lot but that it is not a very
big house. It is reasonable for a family of four.
. Said that Planner Christy Oosterhous has addressed everything and the owner is here too.
. Added that she would like to hear what the opposition has to say and then have an
opportunity to rebut.
Commissioner Kundtz asked if there are intentions to mitigate privacy impacts for the adjacent
single-story residence.
Ms. Rachael Frame said that some windows were raised and/or obscured.
Chair Nagpal asked if all seven windows on that elevation are raised or obscured.
Planner Christy Oosterhous replied except for one larger picture window.
Mr. Alex Garcia, 20845 Fourth Street, Saratoga:
. Expressed his disagreement with the front fayade of this house saying that it does not do
justice to the aesthetics of the area at all.
. Said his family has lived here for 35 years and that they have nothing against
improvements on their neighbors' home.
. Said that he does not understand why this house has to be built so high.
. Suggested that perhaps a bigger basement could accommodate the required square
footage.
. Disagreed that there would be no view obstruction.
. Pointed out that this lot is small and every setback is being used up.
. Suggested an alternate plan as his family cannot agree with the loss of mountain views.
. Said that this home should not be able to look into his front living room window.
Mr. Albert Buzo, 37 E. Hedding Street, San Jose:
. Said he was the representative for Ms. Esparanza Garcia.
. Said that they have concerns that include privacy issues, view impacts/obstructions and
the size of proposed home.
. Pointed out that Mrs. Garcia has lived in the area for a long time.
. Said that having a 2,500 square foot home on a 5,000 square foot lot is of concern. This
proposed house represents half the size of the entire lot.
. Said that a home of this size would be fine on a lot that is 7,500 to 10,000 square feet but it
is a large home for a 5,000 square foot lot. It is simply too big and will not fit in with the
homes in the area.
. Pointed out that although the staff report compares and references nearby condos, this is
neither a condo feel nor a condo neighborhood.
. Said it looks like someone took Code parameters and took them to the limit. This is not a
good precedent for this City and community to set.
Mr. Ken Schulz, 15001 Springer Avenue, Saratoga:
./ n
Planning Commission Minutes for July 27,2005
Page 24
. Said that he lives at the back of this property. .
. Stated that this project represents the poster child for monster homes. It is a huge home
on a small lot.
. Disagreed with the report's conclusion that there are minimal privacy impacts or concerns.
. Said that from his rear window he currently sees trees. He would see a home now and
envisions a time when he might see a wall of two-story houses behind him in the future.
. Pointed out that these owners purchased a single-story house.
. Expressed fear that this is a slippery slope and that this proposal is not within the spirit of
the area.
. Asked that this project not be allowed to max out every possible square inch.
. Reminded that this is an incredibly small lot and questioned if a 4,100 square foot house is
required for a family of four.
Eric and Sherry Kraule, 20850 Fourth Street, Saratoga:
. Said that they live next door and have a single-story home.
. Pointed out that a large two-story was constructed next door to them impacting their
privacy. Their bathroom and children's' bedroom windows are visible by their neighbors.
This new home would impact the master bedroom.
. Reminded that not all homes in this neighborhood are two-story. More are single-story
including their own.
. Said that when they remodeled their home they tried to fit their home within this
neighborhood. A
. Stated that they are not leaving. They will be here forever and will be impacted with _
whatever is done here.
. Assured that they don't want to be nasty neighbors but that they want their neighbors to fit
in with the existing neighborhood.
Commissioner Kundtz asked the Kraules if they ever would envision a two-story home for
themselves on their property.
Ms. Sherry Kraule replied never, adding that she's the type to fall down stairs. Their family is
two adults and three kids.
Chair Nagpal asked Ms. Sherry Kraule how large their lot is.
Ms. Sherry Kraule replied that it is about twice the size of this parcel at approximately 10,000
square feet. It is way bigger. .
Director John Livingstone told the Commission that they could compare lot sizes by looking at
the map on the cover of the staff report.
Mr. Kiet Tran, Applicant and Property Owner, 20840 Fourth Street, Saratoga:
. Said that he felt that his neighbors' concerns had been addressed.
. Clarified that there are no plans for a bay window on the second floor only on the first floor.
.
.11
.
.
.
Planning Commission Minutes for July 27,2005
Page 25
Ms. Rachael Frame said that privacy impacts are more important when it concerns bedrooms
rather than when it means seeing into a living room.
Mr. Kiet Tran:
. Said that he is remodeling his home, nothing different than what neighbors have done in
the area.
. Said that he showed his plans early on to his neighbors and obscured or raised windows
as well as adding screening trees. There is but one picture window at the back.
. Stated that his small irregular lot is a challenge and that he has met the setbacks and
zoning requirements of the City with his proposal.
. Pointed out that while 26 feet is the maximum height allowed, he initially proposed 25 feet
and reduced that to 24 feet to address concems raised by neighbors.
Chair Nagpal asked for the height of the flat area of the room.
Planner Christy Oosterhous replied 22 feet and that it drops lower to the back.
Mr. Kiet Tran said that he chose the Craftsman style to match the area and reiterated that
many additional trees are planned for this property.
Chair Nagpal sought clarification that all rear second floor windows are obscured or raised
except for one.
Mr. Kiet Tran agreed, saying except for the window at the center of the back second story
elevation.
Chair Nagpal asked whether three of the rear elevation windows are obscured.
Planner Christy Oosterhous replied yes.
Chair Nagpal asked about the planting proposed.
Planner Christy Oosterhous said that the proposed species need to be revised per input from
a neighbor.
Commissioner Uhl asked if the Arborist looks at landscape.
Director John Livingstone replied not the species planned but the efforts to preserve existing
trees.
Mr. Kiet Tran pointed out that the Arborist recommends the trees proposed.
Director John Livingstone said that the trees proposed are medium sized trees and would be
planted as 24-inch box specimens.
Chair Nagpal closed the Public Hearing for Agenda Item No.6.
JJrL
Planning Commission Minutes for July 27,2005
Page 26
'.
Commissioner CappellO:
. Said that he has no issue with a two-story since there are others in this neighborhood.
. Stated that this is a neighborhood in transition.
. Added that he has no issue with the fact that this project is maxed out as it does not violate
any Ordinance.
. Said that the issue is privacy and bulk.
. Stated that other things can be done to further minimize the impact on neighbors.
. Said that it is inevitable that a two-story will be constructed at this location. It would have
to be in order to warrant rebuilding here at all.
. Said that he is not in favor of this project as it is proposed today since findings on a lack of
view impacts cannot be made.
.
Commissioner Uhl said that he respects the time spent by this applicant but that he has
problems with the three required findings including views impact, minimization of bulk and
compatibility. He said that while he feels for the applicant he couldn't support this project at
this point.
Chair Nagpal asked for specific suggestions for this applicant.
Director John Livingstone pointed out the heights of other homes reviewed a,nd approved on
this evening's agenda. They included 23, 25 and 26-foot high single-story homes.
Commissioner Uhl said he does not believe that this has to be a two-story.
.
Chair Nagpal reminded that the maximum lot coverage is 2,560 square feet.
Commissioner Uhl said that it would be 3,200 square feet with the basement.
Chair Nagpal pointed out that basement space is not counted.
Commissioner Uhl said that if the house were a two story, the minimization of bulk and heights
would be reduced with greater setbacks. This proposal is too towering and too close to its
neighbors.
Commissioner Kundtz said he echoes the comments made: A lot of work has been done but
reconsideration must still be done. .
Chair Nagpal:
. Suggested asking the applicant if he prefers a denial tonight or a continuance.
. Pointed out that it does not look like there is sufficient support today for approval as the
project stands.
. Said that if the project is voted upon and denied, the applicant would have the option to
appeal that action to Council. If the item is continued, revisions can be made to the
proposal.
.
Ms. Rachael Frame asked for suggestions on how to make the house more private for the
neighbors and reminded that the Kraules have a two story behind them.
J'j
Planning Commission Minutes for July 27,2005
Page 27
.
Chair Nagpal asked whether the applicant prefers a denial or continuance.
Mr. Kiet Tran said that specific suggestions would be helpful as there is not a lot of space to
move on this property.
Chair Nagpal asked Mr. Kiet Tran if his preference is a continuance or he could appeal a
denial to Council.
Mr. Kiet Tran said that he would like to take suggestions from the Commission and work on
his project for the next meeting.
Commissioner CappellO:
. Said that he has no issue with the height and bulk and that this is a neighborhood in
transition and that the neighbors will have to give a little bit.
. Said he has no issue with a two-story but that little more can be done to minimize views
and privacy. .
.
Commissioner Uhl:
. Said that Findings A, D and E cannot be made. There is interference with views and
privacy.
. Said that the second story would need to be minimized and made much smaller. The bulk
and height would have to be minimized.
. Added that the project must not maximize all limits. It needs to be shrunk down.
Commissioner Kundtz said that smaller is better and perhaps a story-and-a-half design could
be considered.
Chair Nagpal:
. Said that she thought this was a decent looking project although it is the smallest lot in the
immediate area.
. Reminded that there do exist two-story homes in the neighborhood although on larger lots.
. Said that this project interferes with views and privacy and give a perception of bulk.
. Asked staff if they have enough to work on with these comments.
Planner Christy Oosterhous replied yes.
Director John Livingstone suggested that the Commission make a motion to continue this item
to a date uncertain. The neighbors will be re-noticed.
Motion:
Upon motion of Chair Nagpal, seconded by Commissioner Cappello, the
Planning Commission CONTINUED TO A DATE UNCERTAIN consideration
of Application #04-379 to allow the construction of a new two-story, single-
family residence with basement on property located at 20840 Fourth
Street, by the following roll call vote:
AYES: Cappello, Kundtz, Nagpal and Uhl
NOES: None
.
)/ ;./
Planning Commission Minutes for July 27, 2005
Page 28
ABSENT: Hunter, Rodgers and Schallop
ABSTAIN: . None
.
Commissioner Cappello reiterated that it is inevitable that a two-story will be buill on this
location and suggested that all parties work together to find a solution that is a compromise
that works for all sides as best as possible. '.
***
DIRECTOR'S ITEMS
Reminder of Cancellation of Auqust 10. 2005 Meetinq: Director John Livingstone reminded
the Commission that there would be no meeting held on August 10, 2005.
Thanks for Handlinq this Larqe Aqenda: Director John Livingstone thanked the
Commissioners for dealing with tonight's larger agenda. He said that staff does not usually
pack an agenda like this.
Thanks to Staff: Director John Livingstone commended Planners Christy Oosterhous and
Lata Vasudevan for the extra duty they have been pulling over the last couple of months. He
advised that two new staff planners are just starting. .
Chair Nagpal thanked all Commissioners for their attendance today.
.
COMMISSION ITEMS
StOry Poles/Arborist at Meetinqs:
Commissioner Uhl said that the use of story poles is hugely helpful and extended kudos on
that. Said that having an Arborist at meetings would be nice.
Director John Livingstone cautioned that applicants would have to pay the cost of that
attendance.
Studv Session - Auqust 24. 2005
Director John Livingstone reminded that the Study Session has been rescheduled to August
24, 2005.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
.
.u'
.
.
.
Planning Commission Minutes for July 27,2005
Page 29
Upon motion of Commissioner Uhl, seconded by Commissioner Kundtz, Chair Nagpal
adjourned the meeting at 11 :40 p.m. to the next Regular Planning Commission meeting of
August 24, 2005, at 7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk
./ /-
Attachment 4 ..
DATE:
PLACE:
TYPE:
MINUTES
SARATOGA PLANNING COMMISSION
Wednesday, November 23, 2005
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
Chair Nagpal called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Absent:
Staff:
Commissioners Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop
Commissioner Uhl
Director John Livingstone, Associate Planner Lata Vasudevan, Contract Planner
Deborah Ungo-McCormick and Assistant Planner Suzanne Thomas
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - Regular Meeting of November 9,2005.
Motion:
Upon motion of Commissioner Hunter, seconded by Commissioner
Kundtz, the Planning Commission minutes of the regular meeting of
November 9,2005, were adopted with corrections to pages 9,11,19 and 20.
(6-0-1; Commissioner Uhl was absent)
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 17, 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 15.90.050(b).
Planning Commission Minutes for November 23, 2005
Page 12
Commissioner Rodgers asked for an explanation on California framing.
Mr. Walter Chapman said that it is a technical term and represents a type of roof framing
system that was developed following World War II that helps expedite construction.
Chair Nagpal closed the Public Hearing for Agenda Item No.2.
Commissioner Kundtz said that it makes sense to construct the full basement and foundation
system and he supports this request.
Chair Nagpal asked what brings this matter back to the Commission.
Planner Suzanne Thomas replied the exterior modifications and other changes to the
approved plan.
Commissioner Rodgers suggested added text to page 9 to read "... and will not therefore
affect privacy of the neighbors."
Motion:
Upon motion of Commissioner Rodgers, seconded by Commissioner
Kundtz, the Planning Commission approved the modification of plans
(Application #04-176) for a two-story single-family residence as approved
by Resolution No. 05-002, including an approximate 600 square foot
addition to the basement and minor exterior changes to the home on
property located at 13071 Pierce Road, with the added text to page 9 to
read ..... and will not therefore affect privacy of the neighbors," by the
following roll call vote:
AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop
NOES: None
ABSENT: Uhl
ABSTAIN: None
...
PUBLIC HEARING - ITEM NO.3
APPLICATION #04-379 (503.26.009) TRAN. 20840 Fourth Street: The applicant
requests Design Review Approval to construct a two-story single-family residence. The
project includes the demolition of an existing one-story residence. The total floor area of
the proposed two-story residence is 2,449.4 square feet. A 1,454 square foot basement
is proposed. The maximum height of the proposed residence is 23 feet. The gross lot
size is 5, 177 square feet and the site is zoned R-1-1 0,000. This item was continued from
the July 27, 2005 Planning Commission public hearing.
Associate Planner Lata Vasudevan presented the staff report as follows:
. Stated that the applicant is seeking Design Review Approval to allow the construction of a
two-story single-family residence and the demolition of the existing single-story home.
. Described the total floor area as 2,449 square feet with a basement.
.
Planning Commission Minutes for November 23, 2005
Page 13
. Reminded that this item was continued from the meeting of July 27, 2005, to allow the
applicant to revise plans to address neighbor concerns.
. Stated that staff finds that the necessary findings to support can be made in the
affirmative.
. Recommended approval.
Chair Nagpal opened the Public Hearing for Agenda Item No.3.
Mr. Kiet Tran, Applicant and Property Owner, 20840 Fourth Street, Saratoga:
. Thanked staff and the Commission.
. Said that he has been working to address the comments raised at the last meeting.
. Stated that he bought this property with the intent to construct a two-story home and
managed to design a house to meet Ordinance requirements.
. Pointed out that no Variance is required.
. Requested approval and pointed out that staff is supportive and is recommending
approval.
. Reiterated that this project meets all requirements.
Commissioner Cappello asked Mr. Kiet Tran if the changes made since the July meeting
address the neighbor concerns and whether any feedback regarding sufficiency of these
changes was received from the neighbors.
Mr. Kiet Tran said that his neighbors want a single-story house.
Commissioner Cappello asked Mr. Kiet Tran if he had any further conversations with his
neighbors and/or are there still concerns.
Commissioner Rodgers asked which neighbor was concerned about view impacts.
Mr. Kiet Tran replied the neighbor across the street, Mrs. Garcia. He said that he has tried to
minimize blockage of her view.
Commissioner Rodgers asked if the story poles have been modified since the last meeting.
Mr. Kiet Tran replied no.
Ms. Sherry Kraule, 20750 Fourth Street, Saratoga:
. Identified herself as living next door.
. Said that she did not want to see a second story next door due to loss of sunlight and
privacy concerns.
. Stated that the proposed trees would also block sun and views in the future. Additionally,
if these trees lose their leaves in the winter, they would no longer serve to screen.
. Said that she spoke with Mr. Tran about the concept of placing bedrooms in the basement
space of his home but he said he did not want bedrooms in the basement due to the
darkness, which she finds ironic since his home would render her home darker with loss of
natural light.
.
Planning Commission Minutes for November 23, 2005
Page 14
. Pointed out that another nearby house has three bedrooms located in the basement with
windows that allow adequate light.
. Reminded that the City's Design Guidelines call for the avoidance of unreasonable views
and privacy impacts.
. Stated that if allowed, this two-story home will make them feel like they are in a hole since
there is already a large two-story on their other side.
. Suggested that without a second story the Trans could still have a big house.
. Pointed out that Mr. Tran plans to sell this home in two to three years and yet her quality of
life would be disrupted forever.
Commissioner Hunter asked Ms. Sherry Kraule when the home on the other side was built.
Ms. Sherry Kraule said that it occurred about three to four years ago and that she has learned
from that experience about the need to speak up at public hearings.
Commissioner Cappello reminded that at the last meeting the Commission urged the applicant
to work with the neighbors and asked Ms. Sherry Kraule if any of her issues were addressed.
Ms. Sherry Kraule said that she didn't want a second story period. She said that while Mr.
Tran tried to reduce his second story it does not resolve their issues.
Commissioner Cappello asked if there was any back and forth feedback and discussions with
the Trans.
Ms. Sherry Kraule replied no.
Chair Nagpal asked Ms. Sherry Kraule if there is any ground to meet on the issue of a second
story.
Ms. Sherry Kraule said that once the story poles were in place she realized the impacts of this
second story. She added that the Trans could put in a beautiful single-story house on this
property.
Chair Nagpal asked for feedback on landscaping_ Does she want trees? Should they be
evergreen? Is there a preferred maximum height?
Mr. Eric Kraule, 20850 Fourth Street, Saratoga:
. Stated that with trees they will feel like they are living in a cave.
. Stressed that they do not want to see a second story here.
Commissioner Hunter cautioned that a single-story house could still be as tall as 26 feet.
Ms. Sherry Kraule said that even so, with a single-story house there would be no window
overlooking their property.
Mr. Dave Garcia, son of Esperanza Garcia speaking on her behalf, 20845 Fourth Street,
Saratoga:
Planning Commission Minutes for November 23, 2005
Page 15
. Stated that this home would take from the views enjoyed from his mother's home.
. Said that the second story windows would invade their privacy.
. Added that Mr. Tran never made an effort to discuss any design changes with his family.
Commissioner Rodgers asked where the photographs provided by Mrs. Garcia were taken
from.
Mrs. Esperanza Garcia replied from her front porch.
Mr. Ken Schulz, 15001 Springer Avenue, Saratoga:
. Said that he lives behind this property.
. Described this proposed house as a poster child for a monster home.
. Pointed out that the setbacks are within inches of the maximum allowed.
. Said that he is concerned about having a second floor, which would block views.
. Said that there had been no contact from Mr. Tran.
. Stated that a proposed picture window in the master bedroom of this new home would
overlook his backyard.
. Said that this is the largest possible legal home on a 5,000 square foot lot and results in a
tunnel effect.
. Stated that he does not view Springer Avenue as being "urbanized" and that he loves to
see deer and trees and not second story homes in his neighborhood.
. Stated that the rights of existing views and quality of life should take precedence over new
homes.
Commissioner Rodgers asked Mr. Ken Schulz to identify his property on the location map.
Mr. Ken Schulz said that he is on the mountain side looking at the Garcia and Tran properties.
Right now he does not see roofs but he does see the temporary story poles.
Commissioner Rodgers asked if this is on the east side of the back triangle.
Mr. Ken Schulz replied yes.
Mr. Raza, Project Designer:
. Said that they have worked on this project since last year.
. Pointed out that the City established the Ordinance requirements and that their design is
based upon these Ordinance requirements.
. Stated that the second floor has been offset and only one window is located at the back.
. Said that they would plant trees.
. Pointed out that the Garcia home is only 10 feet from its property line.
. Assured that he had previously spoken with Mrs. Garcia.
. Asked that Commission to approve this application tonight or deny it and offer them the
opportunity to appeal that action to Council.
Chair Nagpal closed the Public Hearing for Agenda Item No.3.
Planning Commission Minutes for November 23, 2005
Page 16
Commissioner Cappello:
. Said that this is a tough call.
. Stated that this neighborhood is in transition regarding second story homes.
. Said that this project is very difficult to accept due to privacy impacts.
. Added that this does represent a good example of a monster home with a huge amount of
square footage on a relatively small lot that creates huge privacy impacts.
Chair Nagpal asked Commissioner Cappello to identify findings that cannot be made in
support of this project.
Commissioner Cappello:
. Said the bulk and height compatibility are two that come to mind.
. Stated that he cannot support this project, as the findings cannot be met.
. Added that he does appreciate the efforts made by the applicant but that they were not
enough to make him comfortable approving this design.
Commissioner Hunter:
. Agreed with the comments of Commissioner Cappello.
. Said that a 5,000 square foot lot is very small and that this is also an odd shaped piece of
property.
. Expressed agreement that the basement area can supply bedrooms to this.home.
. Stated that as proposed this project would have an enormous impact on the neighbors.
. Reiterated concerns about bulk, mass and privacy impacts.
Commissioner Rodgers:
. Agreed with the comments of Commissioners Cappello and Hunter.
. Pointed out that the finding requiring the avoidance of unreasonable interference with
views and privacy cannot be made in the affirmative.
. Said that this is a tight lot that is triangular and with tiny setbacks although it is a legal lot.
. Said that the home would only be six feet away from the property line, 11 feet for the
second story and 25 feet away from the neighbor across the street.
. Stated that she cannot make the necessary Design Review findings.
. Added that this project is not compatible with the neighborhood due to bulk and height.
Other remodels and/or new homes have been done more sensitively to blend into this
neighborhood.
. Pointed out that the design guidelines states that creating a hole effect with a smaller
home located between two larger ones is not good design and that the design must be
more sensitive to the neighbor in the middle.
. Said that this is a neighborhood in transition and that she would approve a second story
that is more sensitively designed.
Commissioners Schallop and Kundtz said that they had nothing further to add.
Chair Nagpal reiterated that the issues raised include interference with views and privacy, bulk
and height compatibility, design techniques and this irregular lot.
Planning Commission Minutes for November 23, 2005
Page 17
Motion:
Upon motion of Commissioner Kundtz, seconded by Commissioner
Cappello, the Planning Commission DENIED Design Review Approval
(Application #04-379) to allow the demolition of an existing one-story
residence and the construction of a new two-story single-family
residence on property located at 20840 Fourth Street, by the following
roll call vote:
AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop
NOES: None
ABSENT: Uhl
ABSTAIN: None
***
DIRECTOR'S ITEMS
Director John Livingstone:
. Reminded that there is no meeting on December 28, 2005.
. Scheduled a Study Session for December 14, 2005, at 5:30 p.m. to discuss a proposed
town home development with 25 units off Saratoga-Sunnyvale Road.
COMMISSION ITEMS
Commissioner Hunter announced a Commission Party for staff to be held on Friday,
December 9th at 5 p.m.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, Chair Nagpal
adjourned the meeting at 9:26 p.m. to the next Regular Planning Commission meeting of
December 14, 2005, at 7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk
Planning Commission Minutes for November 23, 2005
Page 15
. Stated that this home would take from the views enjoyed from his mother's home.
. Said that the second story windows would invade their privacy.
. Added that Mr. Tran never made an effort to discuss any design changes with his family.
Commissioner Rodgers asked where the photographs provided by Mrs. Garcia were taken
from.
Mrs. Esperanza Garcia replied from her front porch.
Mr. Ken Schulz, 15001 Springer Avenue, Saratoga:
. Said that he lives behind this property.
. Described this proposed house as a poster child for a monster home.
. Pointed out that the setbacks are within inches of the maximum allowed.
. Said that he is concerned about having a second floor, which would block views.
. Said that there had been no contact from Mr. Tran.
. Stated that a proposed picture window in the master bedroom of this new home would
overlook his backyard.
. Said that this is the largest possible legal home on a 5,000 square foot lot and results in a
tunnel effect.
. Stated that he does not view Springer Avenue as being "urbanized" and that he loves to
see deer and trees and not second story homes in his neighborhood.
. Stated that the rights of existing views and quality of life should take precedence over new
homes.
Commissioner Rodgers asked Mr. Ken Schulz to identify his property on the location map.
Mr. Ken Schulz said that he is on the mountain side looking at the Garcia and Tran properties.
Right now he does not see roofs but he does see the temporary story poles.
Commissioner Rodgers asked if this is on the east side of the back triangle.
Mr. Ken Schulz replied yes.
Mr. Raza, Project Designer:
. Said that they have worked on this project since last year.
. Pointed out that the City established the Ordinance requirements and that their design is
based upon these Ordinance requirements.
. Stated that the second floor has been offset and only one window is located at the back.
. Said that they would plant trees.
. Pointed out that the Garcia home is only 10 feet from its property line.
. Assured that he had previously spoken with Mrs. Garcia.
. Asked that Commission to approve this application tonight or deny it and offer them the
opportunity to appeal that action to Council.
Chair Nagpal closed the Public Hearing for Agenda Item No.3.
.
Planning Commission Minutes for November 23, 2005
Page 16
Commissioner Cappello:
. Said that this is a tough call.
. Stated that this neighborhood is in transition regarding second story homes.
. Said that this project is very difficult to accept due to privacy impacts.
. Added that this does represent a good example of a monster home with a huge amount of
square footage on a relatively small lot that creates huge privacy impacts.
Chair Nagpal asked Commissioner Cappello to identify findings that cannot be made in
support of this project.
Commissioner Cappello:
. Said the bulk and height compatibility are two that come to mind.
. Stated that he cannot support this project, as the findings cannot be met.
. Added that he does appreciate the efforts made by the applicant but that they were not
enough to make him comfortable approving this design.
Commissioner Hunter:
. Agreed with the comments of Commissioner Cappello.
. Said that a 5,000 square foot lot is very small and that this is also an odd shaped piece of
property.
. Expressed agreement that the basement area can supply bedrooms to this home.
. Stated that as proposed this project would have an enormous impact on the neighbors.
. Reiterated concerns about bulk, mass and privacy impacts.
Commissioner Rodgers:
. Agreed with the comments of Commissioners Cappello and Hunter.
. Pointed out that the finding requiring the avoidance of unreasonable interference with
views and privacy cannot be made in the affirmative.
. Said that this is a tight lot that is triangular and with tiny setbacks although it is a legal lot.
. Said that the home would only be six feet away from the property line, 11 feet for the
second story and 25 feet away from the neighbor across the street.
. Stated that she cannot make the necessary Design Review findings.
. Added that this project is not compatible with the neighborhood due to bulk and height.
Other remodels and/or new homes have been done more sensitively to blend into this
neighborhood.
. Pointed out that the design guidelines states that creating a hole effect with a smaller
home located between two larger ones is not good design and that the design must be
more sensitive to the neighbor in the middle.
. Said that this is a neighborhood in transition and that she would approve a second story
that is more sensitively designed.
Commissioners Schallop and Kundtz said that they had nothing further to add.
Chair Nagpal reiterated that the issues raised include interference with views and privacy, bulk
and height compatibility, design techniques and this irregular lot.
Planning Commission Minutes for November 23, 2005
Page 17
Motion:
Upon motion of Commissioner Kundtz, seconded by Commissioner
Cappello, the Planning Commission DENIED Design Review Approval
(Application #04-379) to allow the demolition of an existing one-story
residence and the construction of a new two-story single-family
residence on property located at 20840 Fourth Street, by the following
roll call vote:
AYES: Cappello, Hunter, Kundtz, Nagpal, Rodgers and Schallop
NOES: None
ABSENT: Uhl
ABSTAIN: None
***
DIRECTOR'S ITEMS
Director John Livingstone:
. Reminded that there is no meeting on December 28, 2005.
. Scheduled a Study Session for December 14, 2005, at 5:30 p.m. to discuss a proposed
town home development with 25 units off Saratoga-Sunnyvale Road.
COMMISSION ITEMS
Commissioner Hunter announced a Commission Party for staff to be held on Friday,
December 9th at 5 p.m.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, Chair Nagpal
adjourned the meeting at 9:26 p.m. to the next Regular Planning Commission meeting of
December 14,2005, at 7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk
Attachment 5
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CITY OF SARATOGA
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CITY COUNCIL
ApPEAL ApPLICATION
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Appellant Name:
t:::IF:T T12AN
Address: 1347 q c. H-A-i..-E T CW T,'/,-I)f:" DR...) _C/J1l.-ts:Io GA,' c/J,crf!:f1-o
Telephone#: (400) 346- 5"9> qq
Name of Applicant
(If different than Appellant):
Project file number and address: #12'4 - 379 "2.0840 FOl/i2.TI-I S~eT - -SAK-A72) q
Decision being appealed: :DecLiNE n/'-L A-P?UCAT;ON wI'<.. PE7LMI7 70 l3i./;LLJ A
NEW f-+eM E
Grounds for appeal (Letter may be attached): 7 HE SuBM; TIE/) .De,,/,,-yN .,- -1 ,,"1E I
ALL- O!2p//VA1\JCE & CODEs;' I<EQ();I2EMEr./TS -Ff?DlL-f PU2;Vtv/~6
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Date: ~/?V'A/J'1.6vz- !. 2cc:_S-
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Applicant Signarure:
o Municipal Code Section 2-05.030 (a) appeals:
. No Hearing $100.00
. With Hearing $200.00
o Municipal Code Section 15-90.010 appeals (Zoning related):
. Appeals from Administrative Decisions to the Planning Commission
$150.00
~UniciPal Code Section 15-90.020 appeals (Zoning related);
. Appeals from the Planning Commission to the Ciry Council
$250.00
o
Request for a Continuance:
. First Request
. 2nd Request
No Charge
$250.00
Hearing Date:
Fee:
Receipt #:
This Application must be submitted to the City Clerk within 15 days of the date of the decision.
Date Received: \ ('
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Attachment.6
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SAMTOGA CITY COUNCIL
MEETING DATE: January 18,2006
ORlGINATINGJ>
PREPARED BY:
AGENDA ITEM:
S
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OTY MANAGER:
DEPT HEAD: .
SUBJECT: Resolution Ord<<:ring the Abatement of . Publi~ Nulsanee By Removal of
Hazardous Vegetation .
RECOMMENDED ACTION:
Open publicl1earin&;. close public hearing; adopt resolution.
REPQRT SJ]MMARY:
~ attached r~lution represents the second step .in Saratoga's Hazardous Vegetation
Abatement Program admini$t.erCd by the Office of the Agricultural Conmrlssioner. . The
Conunissioner has sent owDersofthe parcels requiring weed abatement two IlQtices informing
theDl tbatthe weedsmU$t be abated> either by the ownerll or by the County. The notice also
informedt:hein that they ~y present objections at tonight's public hearing.
A ~entath'efronjtheOfJiee()ftheAgricultura1 Commissioner will be ~ng the meeting
to answer any questions CounCilnu;mbers may have- on tlUs topic..
FISCAL IMPACTS:
None to the City. . ~RCoversits costs froma.,....inistrative pottionof fee Chargcld to
property owner.
CONSEQtIENCES OF NOT FPLLOWING RECOMMENDEIT"ACTION:
Abatementpro<:ess by the Countywill not proceed. It would be necessary to depend Up011the
property OWl1efS to take care of their own abatement.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
Upon adoption, the County will.begii1abateinent.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hellrlng was published in the SaratolZll News in December 2005 as required
by law. The County mailed three notices to all of the affected property owners.
AlTACBMENTS:
AttllChment A - Resolution
~
RESOLUTION NO. 06-
RESOLUTION OF THE CITY COUNCIL OFTHE CITVOF SARATOGA ORDERING
ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL
OFHAZARDoas VEGETATION
WHEREAS, the Saratoga City Council has declared hazardous vegetation growing on
certain properties to be a public nuisance by Resolution No. 05-078 adopted December 7, 2005;
and
WHEREAS, the Office of the Agricultural Conunissioner did give three notices to all
property owners of land on which hazardous vegetation which have been declared a public
nuisance are growing;. and
WHEREAS, a public hearing on said notice was held on January 18, 2006; and
WHEREAS, final action on any protests or objections to the proposed removal of weeds
has been made by the City Council.
NOW,. THEREFORE, IT IS ORDERED that the Office of the Agricultural
Conunissioner shall cause the abatement of hazardous vegetation as designated by resolution
dated December. 7, 2005, by having said weed$ destroyed or removed, and any property owner
shall have the right to destroy or remove such weeds himself or herself, or have the same
destroyed or removed at his or her own expense, provided that SUCh vegetation shall have been
removed prior to the arrival of the Office of the Agricultural Conunissioner or his authorized
representative to remove them.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held qn the 18th day ofJanuary2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
..
S~TOGAClTYCO~CIL
MEETING DATE: January 18, ZOO6 AGENDA ITEM: . CO
ORIGINAmG~EP1':p'b~WOJ'ks CITYMANAGER:g/";; ~
PREPAREDBY:~~ .DEn'BEADiJ~~~.. .~
SUBJECT:AlobaAv~ay 9 IntersectionSafcty Impfovemems
RECOMMENDED ACTION:
Accept report and direct. stl!tl' to implement permanent public. safety improvements to the
AlohalHighway 9 intersection. .
REPORT SUMMARY:
BackgroUDd:
On August 4,2005, theCity'sl\lblie Worlcs Departinenterectellsi8J!S prohibitins left tuolSonto
Highway 9 from Aloha Avenue in light of the limited sightdistance l\11d accident histoty at the
intersection. Subsequently, the ()it)' Council adopted a Motor Vebie1e Resolution at their A1J8USl
10 meeting prohibiting1eftt\lrn$' Ailoti!;lewas mailed to affected I'Cllident$ including.Oak Street
School. . ..
At the$eptemi:ler tt'. City~\IDCif~a repOrt was submitted by the City's TrafficEJI8i,neer,
Sohrab Rashid, which provided an analysis of the intersection inclUding safety improvettlent
options f<<Council's consideration.
A summary of the safety options ,and recommendations were as fonows:
O.~ I: No Action.
QDtkiD~: InstaIIMin'or.
Ondob 3: PtobibitLcft~. .
OD~l! 4:. Remove a portion of the ROCk Wall.
0_ ~:Half"Street ClOllU:'e
0nticIII6:-M Street CIostlre:
The City Council opted for Opti()J1 5: HalfStreet Closure with the proviso that the half street
closure be i1Jstitutedfortemporaryl'f!riod includina pre and post trafticanalysis to detennine any
intpacts'to~tri!mcpattemll., .
-
A notification letter was mailed to af(ected~den~ iDc:1,vding ~Street School alerting them of
the interim partial closure and notifYing them of tonight's meeting (Attachment 1).
Discussion:
Please refer to the attached report preparecfby the City's Tramc Engineer, which provides an
analysis of the pre and post tnlffic c~ulation in the surrounding vicinity of the partial closure
(Attachment 2) along with recommendations.
The conclusion reached by the City's Traffic EIlgineer is that the partial closure has improved safety
greatly at the intersection with anegIigibleeffecton traffic volwnes and patterns throughout the
immediate neighborhood. Sohrab will available at the meeting to answer any questions regarding
his report including accident data at the intersection.
Options:
1. Pel'Dlllnent Partial Closure (Attachment 3).
2. Prohibit Left Turns Only.
Staff and the City's Traffic Engineer recomrtlend Option 1 because or'the improved safety of the
intersection by eliminating both outbound turning movements and the negligible effects the
temporary closure had to existing traffic patterns. Option 2 eliminates the worst of the two
outbollnd turning movements with right hand turning movements still available for eiress out of
Aloha.
If Option 1 is chosen by City Council permanentstIlet improvements will be constructed per the
attached layout, which will physically prohibit outbound traffic out of Aloha. The interim closure
will ~ain in effect until the permanent improvements are constructed. If Option 2 is chosen the
temporary closure improvements will be removed and the "No Left Hand Turn" signs will be
reinstalled.
Public Comment:
During the closure period the City received very little feedback regarding the closure and no
negative feedback regarding changes to traffic patterns. However, other traffic issues in the vicinity
of Oak Street School were fOIWarded to City staff. These traffic issues are not related to the Aloha
issue but still require follow-up to detennine if they can be mitigated. The main concerns raised
were the traffic congestion during drop-off and pick-up periodS at Oak. Street School and the
congestion and lack of pedestrian improvements on Komina Avenue. Staffwill be working with the
Traffic Safety Commission toevaluaie possible solutions to these issues in the near future.
FISCAL IMPACTS:
Depends on which Option is chosen. There is $49,500 in the CIP for safety improvements at this
intersection, which should be sufficient to cover the cost of a half-street. closure.
20f3
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The intersection would stay status quo.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
Depends on City Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice was mailed to affected residents including Oak Street School.
ATTACHMENTS:
I. Notification Letter.
2. Traffic Report dated January 11, 2006.
3. Permanent Closure Layout.
30f3
Attachment 1
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13777 FRUITVALE AVENUE. SARATOGA, CALIFORNIA 9507U . [40f.,' SGf,-J200
(")L:?,';CIL I\tE~lnERS:
IncOIporated October 22, 1956
Aileen ,'-(a0
KEithifen !<in!}
f-Jo,"man ,'<Ii,"it:
Ni-:;/:.Sire!;
November 7, 2005
':~:'I,< i"l'a!I~;;ismi!i'.
Re: Aloha Avenue - Temporary Partial Road Closure
Dear Resident:
As indicated in the City's notification to you dated August 4th (see attached letter) a
recent accident involving a VT A Bus and a passenger vehicle at the Aloha and Highway
9 intersection prompted the City to erect signs prohibiting left hand turns from Aloha
Avenue onto Highway 9. This action was designed as a stop gap measure until a more
comprehensive solution to the limited sight distance at the intersection could be explored.
On September 7th the City Council directed staff to implement a temporary partial road
closure on Aloha Avenue based on recommendations from the City's Traffic Engineer.
What this means is that Aloha A venue will be closed to outbound traffic onto Highway 9
for approximately two months to evaluate any negative issues, if any, a permanent partial
road closure will have to existing traffic patterns. In order to properly evaluate any
negative impacts this action may have a pre and post traffic study will be executed. The
temporary closure will begin when signs and proper traffic control devices are installed.
Signs will be posted in various locations in the area alerting motorists that Aloha is
closed to outbound traffic. Once the temporary road closure period is complete a traffic
report will prepared by the City's Traffic Engineer and submitted to City Council for
discussion and determination whether the partial closure becomes permanent. The next
discussion regarding this issue is scheduled for the January 18, 2006, City Council
Meeting. City Council meetings are held in the Civic Theater at City Hall and begin at
7:00 P.M. If this issue is of interest or concern to you please attend this meeting so your
valuable input can be heard by City Council.
If you have any questions or need any additional information please contact me at 868-
1241 or email meaticherbone(a)saratoga.ca.us.
~1~
John Cherbone
Director of Public Works
Attachment 2
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FEHR & PEERS:
HlA IUPOJlT<\n~":{O'll',$illUI;.T$
Date: January 11, 2006
To: John Cherbone, Public Works Director, City of Saratoga
From: Sohrab Rashid, P.E.
Subject: Saratoga-Los Gatos Road (State Route 9)/Aloha Avenue Intersection
1025-446-1
This memorandum summarizes a follow-up study to evaluate the traffic impact of installing a
half-street closure at the intersection of Aloha Avenue and Saratoga-Los Gatos Road (State
Route 9). The closure was recommended by the City Traffic Safety Commission (TSC) to reduce
accident potential and enhance safety at this location. The study documenting the need for an
intersection modification and the possible alternatives were presented in an August 31, 2005
technical memorandum from me to you. The remainder of this memorandum provides
background information, results of recent traffic counts, and conclusions regarding the effect of
the closure on circulation.
Background
Based on limited sight distance, collision history, and field observations, the TSC recommended
modification of the intersection of Aloha Avenue at Saratoga-Los Gatos Road. Specifically, the
TSC, in consultation with Public Works staff, recommended closure of the outbound or
eastbound lane to SR 9 on Aloha Avenue. Visibility of drivers turning out of Aloha Avenue and
looking north is severely limited by a rock wall that is located immediately adjacent to the travel
lanes at the northwest corner of the intersection. The results of reported accident data for the last
three years show that the only consistent operational problem associated with vehicles turning at
the Aloha Avenue/SR 9 intersection is the sight distance restriction caused by the adjacent wall
west of Aloha Avenue.
The half-street closure was installed in November 2005 and eliminated the eastbound travel lane
on Aloha Avenue between SR 9 and adjacent residential driveways. The lane was closed
through installation of a Type III barricade and pylons with standard signage. Due to
observations of several violations immediately after installation, the pylon configuration was
modified slightly to better indicate the one-way designation. Traffic was expected to be re-routed
to the parallel roadways of Oak Street and Vickery Avenue, where visibility is substantially better
for turns onto SR 9. Traffic is still permitted to turn into Aloha Avenue from SR 9, and the closure
does not affect inbound access to Saratoga School.
Change in Traffic Volumes
Traffic counts were conducted in October 2005 to provide a "before" set of data. Daily and peak
hour traffic volumes prior to the closure are presented in the top half of Figure 1. The pre-closure
counts indicate that the volume traveling eastbound on Aloha Avenue east of Forest Hills Drive
was 155 vehicles per day (vpd), 32 vehicles during the AM peak hour, and 37 vehicles during the
PM peak hour. In the August 2005 memorandum, eastbound vehicles were expected to divert
primarily to Oak Street, Komina Avenue, and Vickery Place with projected increases of 10 to 25
255 N. Market Street, Suite 200 San Jose, CA 95110 (408) 278-1700 Fax (408) 278-1717
wwwfp-hnmrlnep.rs com
<,
Mr. John Cherbone
January 11, 2006
Page 2 012
vehicles during each of the peak hours and up to 100 vpd. These changes are relatively low in
that a change of 20 peak hour vehicles on a street results' in an average of one vehicle every
three minutes during the peak hour.
New traffic counts were conducted earlier this week and late last week to determine the actual
shift in traffic caused by the November 2005 Aloha Avenue closure. The January 2006 counts
are illustrated in the lower half of Figure 1 and show that volumes are very close to levels
established prior to the closure. Volumes on eastbound Oak Street and eastbound Vickery Place
are only slightly higher or in some cases lower than under pre-closure conditions. The eastbound
volumes on Aloha Avenue shown on Figure 1 represent residents driving to their properties
located east of Forest Hills Drive. No eastbound traffic currently reaches SR 9 from Aloha
Avenue.
The results of count comparison are not unexpected for two reasons: 1) traffic volumes can vary
by five (5) percent or more on a day-to-day basis, and 2) the anticipated changes in volume are
small enough that we may not be able to distinguish them from daily. fluctuations.
Local Circulation Changes
While the traffic counts indicate that the effect of the closure on overall neighborhood circulation
is negligible, the residents in the immediate area must travel slightly longer distances to access
SR 9. For example, residents at the east end of Aloha Avenue must travel slightly more than
3,100 additional feet to get to the SR 9Nickery Avenue intersection. Assuming normal travel
speeds, this results in an additional travel time of less than 90 seconds.
Conclusions
Closure of eastbound Aloha Avenue at SR 9 has improved safety by eliminating a severely
limited sight distance condition and reducing the potential for broadside accidents. The closure
has had a negligibie effect on traffic volumes throughout the immediate neighborhood. While
some residents must make a slightly more circuitous path to get to SR 9, the additional travel
time with the closure is less than 90 seconds. Given the safety benefits and limited
neighborhood effects, we recommend that the closure be made permanent.
2
October 2005
Pre-Closure Conditions
SARAlOGA RoD
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Not to Scale
January 2006
Post-Closure Conditions
sMV'lOGA RO
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N
Not to Scale
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xx = Peak Weekday Daily Volume
(YY) = AM Peak-Hour Volume
[ZZ] = PM Peak-Hour Volume
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FEHR & PEERS
TR,.,HSPORTATlONCONSUlTANTS
January 2006
1025-446\Phase 1
Aloha Avenue Study
ALOHA AVENUE EVALUATION
DAILY AND PEAK-HOUR TRAFFIC VOLUMES
FIGURE 1
_ SARATOGA
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FEHR & PEERS
TRANSPORTATION CONSULTANTS
JUNE 2004
USE CROSS WALK
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SR9
DRIVEWAY
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Attachment 3
LOS GATOS -
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NEW CURBS
DO NOT
ENTER
DRIVEWAY
NOT TO SCALE
SR 9 (SARATOGA-LOS GATOS ROAD)I ALOHA AVENUE
CONCEPTUAL OPTION A