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HomeMy WebLinkAbout08-07-2002 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL AUGUST 7, 2002 CLOSED SESSION- 5:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER- 5:00 P.M. ARCHIVE COPY ANNOUNCEMENT OF CLOSED SESSION TTEMS ADJOURNED TO CLOSED SESSION - 5:00 P.M. Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) Conference With Legal Counsel -Existing Litigation (3 cases): (Government Code section 54956.9(a)) Name of case: City of Sazatoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: City of Sazatoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on August 2, 2002) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A¢endized Items Any member of the public will be allowed to address the City Council for iep to three (3/ minutes on matters not on this agenda. The law generally prohibits the counei7 from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. CEREMONIAL ITEMS lA. Presentation -California Environmental Protection Agency/integrated Waste Management Board Recommended action: Receive awazd. SPECIAL PRESENTATIONS . None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council memher. Any memher of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approve Council Meeting Minutes Regular Meeting -June 19, 2002 Recommended action: Approve minutes. 2B. Review of Check Register Recommended action: Approve check register. 2C. Review Planning Commission Action Minutes - July 24, 2002 Recommended action: Note and file. 2 2D. Zoning Ordinance Amendment -Requirements for Basements Recommended action: Adopt ordinance. - 2E. Zoning Ordinance Amendment -Single Story Overlay Recommended action: Adopt ordinance. 2F. Ordinance Establishing the Manner in Which Membership Terms on City Commissions are Staggered Recommended action: Adopt ordinance. 2G. Property Tax levy to Service the Debt on the Library Bond Recommended action: Adopt resolution. 2H. Commission Attendance Records Recommended action: Informational only. 2I. Medicare Coverage for Employees Hired Prior to April I, 1986 Recommended action: Adopt resolution. 2J. Design Services for Blaney Plaza Improvements Recommended action: Adopt resolution amending the FY 2002-03 Budget; approve proposal from Greg Ing & Associates; authorize execution of agreement; and authorize miscellaneous costs. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 3. Resolution Of The City Council Of The City Of Saratoga Confirming Report And Assessment Of Weeds And Brush Abatement Charges Recommended action: Open public hearing; close public hearing; and adopt resolution. 4. Reconsideration of Resolution No. 01-060 Regarding Saratoga Fire District Fire Station and Temporary Fire Station at 14380 Saratoga Road Recommended action: Approve motion for reconsideration; open public hearing on reconsideration; close public hearing; reconsider resolution; and provide direction to staff. OLD BUSINESS 5. Implementation for Usage of the North Campus Facility Recommended action: Accept report and direct staff accordingly. 6. Motor Vehicle (MV) Resolution Prohibiting Pazking Along a Portion of Herriman Avenue Recommended action: Adopt resolution. Motor Vehicle (MV) Resolution Prohibiting Parking Along a Portion of Tamworth Avenue Recommended action: Adopt resolution. 8. Introduction of Construction and Demolition Debris Recycling Ordinance Recommended action: Accept report and direct staff accordingly. 9. Saratoga Library Room-Naming Policy Recommended action: Accept report and direct staff accordingly. 10. Azule Park - Awazd of Construction Contract Recommended action: Award construction contract; authorize execution of contract; and authorize change orders. NEW BUSINESS 1 1. City of Saratoga Interim CDBG Funding Program Guidelines for Septic Abatement Recommended action: Adopt resolution and guidelines. 12. Land Use Designations at Mountain Winery Property Recommended action: Accept report and direct staff accordingly. 13. Celebrate Saratoga Cost Analysis Recommended action: Accept report and direct staff accordingly. 14. Village Pazking Study Results Recommended action: Accept report and direct staff accordingly. 4 15. Sheriffl s Office Parking Options Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Arts Commission Planning Commission Parks and Recreation Commission Finance Commission Library Commission Public Safety Commission Heritage Preservation Commission Youth Commission Gateway Task Force Library Expansion Committee Waltonsmith Mehaffey Baker Baker Waltonsmith Streit Bogosian Mehaffey Streit Bogosian 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-/269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title 77) <> ~~ 8/21 9/4 9/18 10/2 10/16 11/6 1 I /20 12/4 12/10 12/18 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 Summer Recess - No meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Adjourned Meeting - Counci] Reorganization Regular Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult Day Care Center, 19655 Allendale Avenue. 6 SARATOGA CITY COUNCIL 2 MEETING DATE: August 7, 2002 AGENDA ITEM: /~ ~s ORIGINATING DEPT:~ty Manager CITY MANAGER: -C-/--~~G~-~-~ PREPARED BY: - (/~I~~~ DEPT HEAD: RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -June 19, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes June 19, 2002 MINUTES SARATOGA CITY COUNCIL JUNE 19, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at S:O~.m. Conference With Legal Counsel -Existing Litigation (2 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: City of Saratoga v. Michael S. Costa (Santa Clara County Superior Court No. CV-806843) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor.Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Cathleen Boyer, City Clerk, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Lata Vasudevan, Assistant Planner Cary Bloomquist, Administrative Analyst Rick Tones, Public Works Supervisor . REPORT OF CITY CLERK ON POSTING OF AGENDA FORM JUNE 19, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 19, 2002 was properly posted on June 14, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bill Breck, 20375 Saratoga-Los Gatos Road, reported the latest incidents in his neighborhood in regards to the property located at 14480 Oak Place. Mr. Breck reported that since he was before the Council two weeks ago neighbors' trees have been cut. Mr. Breck stated that two neighbors have requested tree protection fences. Mr. Breck stated he has three issues he would like bring to the Council's attention: • A concrete wall has been constructed on the south side of the property. Holes have been dug that have damaged protected trees. • Extremely difficult to receive status reports from the City. Mr. Breck requested that one person be responsible to communicate with his neighbors. • No notice was given of that item heard at a recent Planning Commission meeting in regards to an appeal to remove a tree. Hollie Davies, 14478 Oak Place, reported that damage to the neighborhood trees is still taking place. Ms. Davies noted that most of the trees located at 14480 Oak Place have been killed or severely damaged also all of the tree on the peripheral have been killed or damaged. Ms. Davies stated that Barrie Coates, City Arborist, wrote an arborist report on four of the protected oak trees on her property. Mr. Coates recommended that in order to save her trees the following needs to happen; protective fencing, landscape plan radial trenching some the trees on her property have been damaged. Last Thursday, six weeks after the report was released, radial trenching was finally carried out. Ms. Davies stated that on June 14, 2002 New Life Tree Service began cutting the limbs of one of her protective oaks on the property line. Ms. Davies noted that she called Rhett Edmonds and when he arrived they left the property. Vice Mayor Baker asked if she was sure of the name of the tree service that cut her trees. Ms. Davies responded that she is pretty sure that New Life Tree Service was the company. Brett England, 13896 Yerba Santa Court, noted that he was preset this evening to report on the progress of the proposed VTA operator facilities at West Valley College. Mr. England thanked Councilmember Waltonsmith anal City Manager Anderson for their help in this matter. Mr. England noted that he met with the VTA and West Valley College representatives. Mr. England noted that he recently presented two alternative locations to the Safety and Security Council at West Valley College. The next step would be to present the alternatives to the West Valley Board of Directors and the VTA Board. CiTy Council Minutes 2 June 19, 2002 ti Cheriel Jensen, 13737 Quito Road, requested a status report in regards to the Highway 85 Noise Mitigation Study. Ms. Jensen also thanked the Council for their support in • opposing measure E. _ COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Baker asked when the test section of microgrinding would take place on Highway 85. Councilmember Waltonsmith responded that Mr. Evanhoe has scheduled a public meeting on July 18, 2002. City Manager Anderson stated that the one-mile test strip should be completed by August. In response to Mr. Breck's comments, Vice Mayor requested the Arborist Report from Mr. Cutler's project. Mayor Streit reassured the public that the City Council is well aware of what is going on with this project and noted that staff has their full support. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE FOR THE HERITAGE PRESERVATION COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING TOM LOWDERMILK, PATRICIA BAILEY, AND PAUL CONRADO TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSED 5- 0. Cathleen Boyer, City Clerk, administered the Oath of Office to the new Heritage Preservation Commissioners. City Council Minutes 3 June 19, 2002 1B. APPOINTMENT AND OATH OF OFFICE FOR THE YOUTH COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING VALERIE FARNUM TO THE YOUTH COMMISSION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to the new Youth Commissioner. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT TO ALLOW REAL ESTATE OFFICE USE AS FIRST FLOOR FRONTAGE AT 14500-14506 BIG BASIN WAY STAFF RECOMMENDATION: Conduct public hearing; deny the appeal. TITLE OF RESOLUTION: 02-049 RESOLUTION OF THE CITY COUNCIL DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING -14500 BIG BASIN WAY Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported that the applicant was denied a Conditional Use Permit to locate a real estate office in the 1,440 square foot comer storefront located at 14500 Big Basin Way. The proposed location abuts the existing 700 square foot storefront real estate office, which is located at 14508 Big Basin Way. The comer location houses the "Exclusively Yours Boutique" which is going out of business. The expansion would result in a combined office area of 2,140 square feet or the entire first floor of the 9,051 square foot two story building known as Pollack Plaza. The proposed change would render the Pollack plaza building street level frontage entirely non-retail in character. This outcome is inconsistent with the intent of the CH-1 zoning district, which is designed to maintain the retail vitality of Saratoga Village and encourage generation of sales tax revenue. Mayor Streit opened the public hearing at 7:35 p.m. ~J City Council Minutes ¢ June 19, 2002 Miles Rankin, Big Basin Way, noted that he took a survey of all of the business in the Village. Mr. Rankin explained the breakdown of the businesses and indicated that currently there are four vacant spaces in the Village. Mr. Rankin noted that he has been a resident in Saratoga for 50 years and a business owner (in the same spot in the Village) for 40 years. Mr. Rankin noted that he has been involved in the Chamber of Commerce, Rotary, Heritage Preservation Commission, Hakone Board member, Villa Montalvo Board member; and a member of the Real Estate Board. Mr. Rankin explained that his business has grown over the years and really needs more space. Mr. Rankin noted that if he is granted the permit he intends on remodeling the building and vacating his other office in the Buy and Save Center. Robert Pollock, Property Owner, Granite Way, noted that he has owned the building for 25 years. Mr. Pollock stated that he feels real estate is retail and Mr. Rankin should be allowed to expand his business. Mayor Streit closed the public hearing at 7:54 p.m. Councilmember Mehaffey stated the Mr. Rankin has been a key business owner and resident in Saratoga for many years. Councilmember Mehaffey stated that he does not agree with Mr. Pollock that real estate is destination retail. Councilmember Mehaffey noted that the City hired an Economic Development Coordinator last year to help revitalize the retail in the Village so he cannot support this appeal at this time. Councilmember Waltonsmith noted that Mr. Rankin has been a valued person ion this community. Unfortunately, Councilmember Waltonsmith stated that she cannot support an increase of a real estate office in the Village. Councilmember Bogosian noted that he would like to give the City's Economic Development Coordinator a chance to bring more retail stores into the Village. Councilmember Bogosian stated that perhaps some additional space could be made for Mr. Rankin in his current location. Councilmember Bogosian noted that he cannot support this appeal. Vice Mayor Baker stated that he would not support this appeal. Mayor Streit noted that he agrees with Councilmember Bogosian that the City should give the Economic Development Coordinator a chance to bring more retail into the Village. Mayor Streit stated that he sees no reason to overturn the Planning Commission's decision. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION 14500 BIG BASIN WAY. MOTION PASSED 5-0. City Council Minutes $ June 19, 2002 4. ZONING ORDINANCE AMENDMENT REQUIREMENTS FOR BASEMENTS STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. Lata Vasudevan, Assistant Planner, presented staff report. Planner Vasudevan explained the background on how the proposed amendment was formulated. Planner Vasudevan stated that last December a Planning Commission Subcommittee was formed, including herself and Planning Commissioner Chair Erna Jackman. The Subcommittee was formed for two purposes: 1. Discuss issues that the planning staff and commission have come across when reviewing basements 2. Modify the current zoning ordinance to provide written clarification and written requirement to address these issues. Planner Vasudevan reported that on May 8, 2002 the Planning Commission adopted a resolution recommending that the City Council amend the Zoning Ordinance regarding requirements for basements in all zoning districts. The purpose of the amendment is to provide clarification and specify planning review requirements to address issues raised by Staff and the Planning Commission with regard to proposed basements. Planner Vasudevan noted that the proposed ordnance amendment will include a revised definition of "Basement", a definition of "Lightwell",planning review requirements, and size and setback requirements for proposed basements. In regards to the definition on hillside lots, Vice Mayor Baker asked for clarification on the slope of the land in comparison to the levels of house. Vice Mayor Baker stated that what if the because of the slope of the land exposes the basement where part of the rear wall is more than 42 inches out of the ground does it now become third story. Planner Vasudevan noted that staff feels that issue has been address by the requirement that states no one vertical measurements does not exceed the story limits. Councilmember Waltonsmith asked about the possibility of people constructing basements as secondary units. Planner Vasudevan noted that there are requirements regarding secondary units. Planner Vasudevan noted that one requirement is that a kitchen facility is prohibited, which helps prevent a room becoming a second unit. Councilmember Bogosian noted that Councilmember Waltonsmith's concern is more of an enforcement effort on the City. Director Sullivan noted that when the Planning Commission has doubts about the future use of a basement they a have a Covenant recorded on the deed. City Council Minutes ( June 19, 2002 A discussion took place on the City's requirement of a 4-foot requirement for lighwells compazed to the UBC requirement of a 3-foot requirement. ~ Mayor Streit opened the public hearing at 8:00 p.m. Cheriel Jensen, 13737 Quito Road, stated that she has some real issues about this ordinance. Ms. Jensen noted that she doesn't support excluding basements from the total square footage of a house. Ms. Jensen noted that the setback requirements should be at least 20 feet. Ms. Jensen pointed out that basements could produce mold. Director Sullivan noted that the existing basement ordinance does not include basement as a story or floor area in floor area ratio studies. Russ Edwards, 15145 Sobey Road, noted that he supports this ordinance. Mr. Edwards noted that he supports 4-foot lightwells. In regards to mold, Mr. Edwards stated with more lightwells and more windows it prevents a lot of mold growth. Mr. Edwards noted that as the size of house you can build on a $2 million dollar lot decreases the only place a developer can go is down. Mr. Edwards noted that he does not support taking away from the squaze feet of the house if the ceiling goes over 9 feet. Mr. Edwards stated ceilings should the 9-foot ceiling height limitation should be eliminated and make ceiling height 12-feet. Mayor Streit closed the public hearing at 8:20 p.m. In regards to ceiling limitation of 9-feet, Councilmember Mehaffey noted that he agrees with Mr. Edwards that there should not be a ceiling limitation. Councilmember Mehaffey noted the setbacks requirements should be less for nonconforming lots. Councilmember Waltonsmith noted that she supports this ordinance. Councilmember Waltonsmith noted that she shares Councilmember Mehaffey's concerns regarding set backs for nonconforming lots. Councilmember Bogosian stated that he generally supports this ordinance. Councilmember Bogosian noted he also feels setbacks for nonconforming lots should be addressed. Councilmember Bogosian noted that he supports 4-foot lightwells. Vice Mayor Baker stated he generally supports this ordinance. Vice Mayor Baker noted that he supports a 12-foot ceiling limitation, it would help prevent people from violating the ordinance. Mayor Streit concurred with his colleagues. Mayor Streit suggested that setbacks for nonconforming lots be addressed at a future meeting. Director Sullivan suggested that this public hearing be continued the July 17, 2002 City Council meeting. BAKER/BOGOSIAN MOVED TO CONTINUE THIS ITEM TO JULY 17, 2002. MOTION PASSED 5-0. City Council Minutes 7 June 19, 2002 ADOPTION OF HOUSING ELEMENT STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. TITLE OF RESOLUTION: 02-050 A RESOLUTION OF THE CITY COUNCIL GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE ADOPTION OF THE HOUSING ELEMENT OF THE SARATOGA GENERAL PLAN TITLE OF RESOLUTION: 02-051 A RESOLUTION OF THE CITY COUNCIL AMENDING THE GENERAL PLAN OF THE CITY OF SARATOGA BY ADOPTING A REVISED HOUSING ELEMENT Tom Sullivan, Community Development Director, presented staff report. Director Sullivan thanked the City Council for their diligence helping him draft the Housing Element. Director Sullivan noted that on June 11, 2002 he received a letter confirming the State's acceptance of the City's Housing Element. The City Council congratulated and expressed their sincere thanks and appreciation to Director Sullivan for his hard work and effort to draft the Housing Element for the City of Saratoga. Mayor Streit opened the public hearing at 8:48 p.m. Betty Feldheym, 20184 Franklin Avenue, commended the City on the approval of the Housing Element by the State. Ms. Feldheym suggested that the City try to implement some of the housing programs listed in the Housing Element. Cheriel Jensen, 13737 Quito Road, congratulated Director Sullivan for an approved Housing Element. Ms. Jensen referred to page 13 of the Housing Element and stated that people who suffer from disabilities. Ms. Jensen stated that many people suffer from chemical sensitive the housing Element should include ways to make our neighborhoods safe. Mayor Streit closed the public hearing at 8:55 p.m. BAKERBOGOSIAN MOVED TO ADOPT RESOLUTION GRANTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE HOUSING ELEMENT. MOTION PASSES 5-0. BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION AMENDING THE GENERAL PLAN OF THE CITY OF SARATOGA BY ADOPTING A REVISED HOUSING ELEMENT. MOTION PASSES 5-0. City Council Minutes g June 19, 2002 OLD BUSINESS f UNION PACIFIC RAILROAD TRAIL VTA FUNDING UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that in light of Union Pacific Railroad Company's unwillingness to discuss land acquisition along their lien die to potential liability the plan to develop the Union Pacific Railbird Trail was deferred. Analyst Bloomquist noted that on Apri123, 2002 staff presented Council with the task Force `s options and noted that the VTA indicated that tier 1 funding, earmarked for the U.P.R.R project, would probably be reallocated to other projects likely to be completed within the next 8 years. VTA staff indicated if Saratoga was able to secure an agreement with PG&E for usage of their easement for implementation of the trail, tier 1 funding maybe available to offset incurred costs. Analyst Bloomquist noted that recent conversations with VTA staff have confirmed the VTA's willingness to set aside funding for Saratoga if the City is willing to negotiate with PG&E for the usage of their easement form Saratoga- Sunnyvale Road to Saratoga Avenue for trail development. Analyst Bloomquist noted that VTA is willing to reserve funding for the trail segment identified as reach 3 in the feasibility study. The segment is 1.6 mi]es in length, with the goal of placing the trail on the PG&E easement. Projected development cost for reach 3 is $1,997,577.00 dollars, with a required local match by the City of 20%, or $399,515.40. Analyst Bloomquist noted that the City must submit a resolution to VTA by July 29, 2002 Councilmember Mehaffey noted that he would like more information on this before he is willing to support any negotiations with PG&E. Councilmember Waltonsmith noted the City could apply for grants to cover the City's 20% match. Mayor Streit noted that he could support the trail along this section as long as it is a public process. Councilmember Waltonsmith noted that she supports going forward to secure the funds and agrees that a public outreach program should be implemented. Logan Deimler, 14320 Springer Avenue, noted that he is a member of the Parks • and Recreation Commission and the Trails Subcommittee. Mr. Deimler read a letter explaining why he feels Council should direct staff to act favorably in acquiring the $1.6 million dollars from VTA. City Council Minutes 9 June 19, 2002 Mr. Deimler noted that if the money if secured for the City of Saratoga the PRC would hold public meetings to inform residents of the purposed trail. Gregory Gates, 13226 Montrose Street, noted that he lives near the trail and use it frequently to walk his dog. Mr. Gates noted that everyone should look at this trail in the future. Mr. Gates noted that he fully supports the public outreach process. Cheriel Jensen, 13737 Quito Road, noted that she supports the trial. Consensus of the City Council to direct staff to pursue the VTA tier 1 funding by submitting the required application packet to VTA by July S, 2002 and a resolution to the VTA by July 29, 2002. Also Council requested that the Parks and Recreation Commission implement a community outreach program in order to get everyone involved in this proposed trail. Mayor Streit declared aten-minute recess at 9:25 p.m. Mayor Streit reconvened the meeting at 9:30 p.m. NEW BUSINESS PG & E PRESENTATION -DAWN JACKSON, GOVERNMENT RELATIONS REPRESENTATIVE STAFF RECOMMENDATION: Informational only. This item will be continued to July 17, 2002. 8. CITY OF SARATOGA SPRING 2002 CLEANUP SUMMARY STAFF RECOMMENDATION: Accept report and authorize payment of invoice. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that this years Spring 2002 cleanup event was a huge success, with high levels of resident participation, resulting in 293 tons of refuse being collected from Apri129-may 17, 2002. The cleanup event ran smoothly, with City staff receiving no complaint calls and several calls from residents supporting the event. Green Valley disposal Company provided exceptional service during the event, responding quickly and efficiently to customer needs and picking up all waste left out by our residents. Analyst Bloomquist explained that this year's cleanup event cost was $39,467.00, which was actually under the approved budget of $45,000.00. • Analyst Bloomquist noted that tonight staff is recommending that Council - authorize the City Manager to execute payment in the amount of $39,467.00 to Green Valley Disposal for the 2002 City of Saratoga Spring Cleanup. City Council Minutes 1 Q June 19, 2002 Vice Mayor Baker suggested that next year the program be restructured so residents the refuse that can be recycled won't end up in the landfill. 9. 10. Phil Couchee, General Manager/Green Valley Disposal Company, responded that • a few years ago the City of Campbell attempted to do what Vice Mayor Baker suggested. The City of Campbell manually went through the refuse. The City of Campbell's attempt to recycle during their cleanup days cost them more money and they needed to use more trucks. Mayor Streit asked Mr. Couchee if holding the Spring Clean Up over athree-week period made the program run better. Mr. Couchee responded that athree-week program was easier on his crews. BAKER/BOGOSIAN MOVED TO ACCEPT REPORT AND AUTHORIZE PAYMENT OF INVOICE. MOTION PASSED 5-0. COST RECOVERY HEARING FOR THE ABATEMENT OF 12623 QUITO ROAD STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-052 A RESOLUTION OF THE CITY COUNCIL ADOPTING COST . RECOVERY FOR THE ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 12623 QUITO ROAD (COSTA) Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that Government Code 38773.1 allows the City to set ups procedures for recovery for abatement costs. Saratoga City Code Section 3-15.120 establishes this procedure for the City. This section of he City Code required the City Manager to keep an accurate accounting of the abatement costs, including investigative, administrative, direct abatement costs and other reasonably related costs. City Attorney Taylor noted that the total cost for the abatement at the property located at 12623 Quito Road is $85,887,51. MOVED TO ADOPT RESOLUTION TO RECOVER THE MONEY SPENT FOR ABATEMENT AT THE PROPERTY LOCATED AT 12623 OUITO ROAD. MOTION PASSED 5-0. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FOR ARCHITECTURAL SERVICES FOR PHASE II OF THE GRACE UNITED METHODIST CHURCH RENOVATION PROJECT . STAFF RECOMMENDATION: Authorise City Manager to execute agreement. City Council Minutes 11 June 19, 2002 Dave Anderson, City Manager, presented staff report. City Manager Anderson requested that this item be continued to July 17, 2002. Consensus of the City Council to continue this item to July 17, 2002. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/WALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2B. MAY FINANCIAL REPORTS STAFF RECOMMENDATION: Accept reports. BOGOSIAN/WALTONSMITH MOVED TO ACCEPT MAY FINANCIAL REPORTS. MOTION PASSED 5-0. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES -JUNE 12, 2002 STAFF RECOMMENDATION: Note and file. BOGOSIAN/WALTONSMITH MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2D. SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM STAFF RECOMMENDATION: Accept report and authorize City Manager to execute agreement. Vice Mayor Baker requested that Item 2D be pulled from the Consent Calendar. Vice Mayor Baker noted that he feels the price to recycle latex paint is unreasonable and he feels discourages people to recycle it. Vice Mayor Baker requested that the City write a letter to the County asking why . the charge is so high to recycle paint. City Council Minutes 12 June 19, 2002 BAKER/MEHAFFEY MOVED TO ACCEPT REPORT AND AUTHORIZE EXECUTION OF CONTRACT WITH THE PROVISO OF A LETTER FROM THE CITY REQUESTING AN EXPLANATION OF CHARGES ON LATEX PAINT. MOTION PASSED 5-0. 2E. 2002 CONCRETE & STORMDRAIN MAINTENANCE PROGRAM - AWARD OF CONTRACT STAFF RECOMMENDATION: Declare lowest bidder; award contract; and authorize City Manager to execute agreement. BOGOSIAN/WALTONSMITH MOVED AWARD BID AND AUTHORIZE EXECUTION OF CONTRACT WITH GEORGE BIANCHI. MOTION PASSED 5-0. 2F. ZONING ORDINANCE AMENDMENT PERMITTING SMALL WIND ENERGY SYSTEMS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 206 AN ORDINANCE BY THE CITY OF SARATOGA AMENDING CHAPTER 15 OF THE SARATOGA CITY CODE RELATING TO SMALL WIND ENERGY SYSTEMS BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDINANCE - RELATING TO SMALL WIND ENERGY SYSTEMS. MOTION PASSED 5- 0. 2G. JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE ACTIVITIES PURSUANT TO TITLE I OF HOUSING AND COMMUNITY DEVELOPMENT ACT STAFF RECOMMENDATION: Adopt resolution authorizing the Mayor to execute agreement. TITLE OF RESOTLUION:02-043 AUTHORIZING THE MAYOR OF THE CITY OF SARATOGA TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR THE PERIOD OF OCTOBER 1, 2002 -SEPTEMBER 30, 2005 BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION AND AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 5-0. City Council Minutes 13 June 19, 2002 2H. RESOLUTION CONSENTING TO CHANGE OF CONTROL OF CATV FRANCHISE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOTLUION:02-047 RESOLUTION OF THE CITY COUNCIL APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Vice Mayor Baker reported the following information: Parks and Recreation Commission -Discussed Azule Park 100% Design Plan and took a position on it. Finance Commission -Last meeting reviewed the entire fee structure for the City. Commissioners will soon start to review all polices and procedures used by the Administrative Services Department. CITY COUNCIL ITEMS Councilmember Bogosian requested that the Village Green Neighborhood traffic modifications be brought back to Council for discussion. Councilmember Waltonsmith noted that she supported Councilmember Bogosian's request. Vice Mayor Baker explained that he and Councilmember Waltonsmith were the two Councilmembers assigned to review all CDBG applications. Vice Mayor Baker noted that they had no guidelines to follow when evaluating requests to process CDBG grants. Vice Mayor Baker requested that staff draft a set of guidelines to be use in this process. Councilmember Bogosian noted that he supported Vice Mayor Baker's request. Councilmember Waltonsmith requested that City Attorney Taylor provide Council with a report on options in regards to the future development of the Mt. Winery. Councilmember Bogosian noted that he supported Councilmember Waltonsmith's request. Referring to a newsletter from the Metropolitan Transportation Commission (dated June 2002), Vice Mayor Baker stated that a recent Senate bill proposes changes in MTC- ABAG relationship. Vice Mayor Baker explained that Senator Tom Torlakson of Contra County sponsors SB 1243. City Council Minutes 14 June 19, 2002 Vice Mayor Baker noted that SB 1243 would name MTC as the Bay Area Land Use and Transportation Commission and would require the new commission to assume the land use responsibility now held by ABAG. The bill would also require the renamed Commission to adopt along-range policy plan, focused on transportation and housing on or before January 1, 2005. Vice Mayor Baker requested that the City oppose this bill and send a letter to California State Assembly. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 10:00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 15 June 19, 2002 SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEPT: Administ//rative Services CITY MANAGER: ~/a//~~--- PREPARED BY--- ~~' ~ K~L/ DEPT HEAD:.! SUBJECT: Check Registers: 7/12/02 and 7/26/02 RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund Name 7/26/2002 Checks ota Checks AP CHECKS A89656-89810 r `~ "~ _~ ~~ . x, 1 GENERAL 283,804.83 12,564.92 fi~ 100 COPS-SLESF 857.01 110 Traffic Safety 150 Streets & Roads 45,240.34 21,922.00 = 160 Transit Dev 170 Hillside Repair `^~' 180 LLA Districts 7,034.22 ~~ ` 250 Dev Services 14,285.16 5~~6 260 Environmental 3,463.83 3~ ~ ~ ~ 270 Housing & Comm `,~ '~ Lids `~ 5 290 Recreation 52,565.59 ~ ~~• , ~ ~65~9 291 Teen Services 1,096.49 ~9': 292 Facility Ops 855.70 ~ sT~ a "`~' 293 Theatre Surcharge 12,058.64 ~ 300 State Park ~ , ~~E 310 Park Develpmt 10,949.88 ~, ~ 0 94~„$$ts 320 Library Expansion 61,307.20 ~ ~ ~S "2D}?' 352 Infrastructure ~ I' 353 Facility Y 354 Park and Trail 22,415.54 ; ~1 x ~ 400 Library Debt ~'~` ~ .~~ ~ ^. 410 CivicCntrCOP -~=~s~~= ~_: 420 Leonard Creek ~k~s<. 700 Quarry Creek ~,~: ~ ~ ~ `~` ' ~ ~ 710 Heritage Prsvn `~:. ~` ~ ~, ~ ~ "~ f~~v ~ 720 Cable TV ~ ~_? ~~' ~ 730 PD #2 ~5 740 PD #3 ~ 4 800 Deposit Agency ~ ~, 810 Deferred Comp ~;;~~ 830 Payroll Agency ; ~ , ,~ 990 SPFA F~ . ~, ,,,,,.;4 . ~„d, Subtotal 515,934.43 34,486.92 ;~,,;,,„',~__~~,- ~~~:: ~ PAYROLL CHECKS: 628108-28198 "~ TOTAL 4'p`;K n~~~ ~-30-C~ Apr-99 _. .. ^ w w w W H a v w x w o n P P o o r r r r o 5 F ~ m m o rv rv P P a r r F Z~ m o .v m P o P a .a ,o .o P a. ^ £ O ~ ON T N < P N N m N N N N w N' 0 H n P P P O C P W 4 ~ n .+ N n n w x W ~~.. 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L+ O o 0 o O O O O O om Z a < O O O O N N C C m O O p P C V< C d O O O O a X ill P C V C C N N YI N N w C 10 V N N N P P< C 'a In v wln In uwi wIn eaa a F VI VI Y1 w II1 V1 N z o 000 000 0 °o~ o Ooo 000 O 2 ~ lO to lO U U O o O O a O q q T N N N N O N N N N N N m m N N N N N O w N N N N N N N N N N N N N a a o000 ww. 0000 00 0 F~ N N N N N NNN N N N N N N N N x a ~ \ \ \ \ \ \ ~ \ \ \ \ \~ U° ~ Ill N N N N N b C N w N N N N NNN N N N N N N N N S \ \ \ \\\v\ \\ \\ \ \ u r n rrrrr rr I~-rr n r 0 0 0 0 00000 0 0 000 0 0 uo z r ~z° a ~ u a w o z ~ ~ w N N m a w CEO n ao 'rm OHIO rIOq Nmn W.yPn Hlo fail .i rv m a a m O •+ a v y to lO lO lO F in a n W q Z N w in a0 ~ w UN Fm a.+ 'I 'a N'1 U'I N m'IN'I w'1 N ~ ~WUZ~ a Yo wO _OOOOO Unr a0 zzo Oo qo rv ~zj 3 Fo 4o Qo ~o ~ooo°oo Ngoo ~o Wooo }O Uo a~ a O ou w U H S > Y O o w \ m 0 ~^ H N O F rFi N a O zU T £ ~oUQi> > 3 3 3 3 3 3e 3 ~ O Nw w ~ ^ In a ° w w£4 ~ QU Ofl NOO p~D N aaO ~ Z ON N YIn Or ON OP h (aj }~° ,°j 2~ O O O q N N O O O O O wOF~Z mmmm q or ornn om aa~ ~ w., amu~> ~ 0 0 0 0 0 0 0 0 0 0 Fund# Fund Name Date Manual Void Total 7/12/2002 Checks Checks AP CHECKS A89477-89655 1 GENERAL 482,463.65 12,587.21 (44,385.69) 100 COPS-SLESF 110 Traffic Safety 773.32 150 Streets & Roads 10,340.76 160 Transit Dev 170 Hillside Repair 180 LLA Districts 361.11 250 Dev Services 15,121.68 260 Environmental 270 Housing & Comm 290 Recreation 14,063.04 236.00 291 Teen Services 10,942.60 292 Facility Ops 900.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 9,116.00 320 Library Expansion 1,002,697.95 675,474.00 352 Infrastructure 1,771.00 353 Facility 354 Park and Trail 779.42 400 Library Debt 452,628.14 410 Civic Cntr COP 420 Leonard Creek 10.34 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 2,000.00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 2,003,969.01 688,297.21 (44,385.69)~~ °w2;64~"880i53 `~~"~r PAYROLL CHECKS: 628036-28107 '_'"~'~' 9~$~e z ~'~~y~~y tz,~~,. TOTAL ^,2;7:65 5~9`6'I' Prepared b~ Date: ~~ l ~1~~~ I as-G~ Apr-99 ~_ J .. ^ w ^ w N W O a ^ w Z x a `~ N m ° 0 ~n . + i . m 0 0 0 UFO F Z ~ N 1l1 If1 N N N C C c0 N N J ~ N N U1 r r N rl 0 N m ~v YI ^ O ~ N N N N r F (O m N N N N P p m m N £ N 4 ~ N N O' O' N N 6 X w N z ~ w w O N N - , x a . q « « a . « w « m , m a w a u a z a o a s a a a r a a u a s a a ~ w a u a H a ., a a o a a~ a W a a> a u a a a~> o w o H o 0 o p o a o x o o m o w o ~ ~ h ' 0. E ~ F W F ZO F N F umai F 4 F E F F m F ZO F h 5 H '.~ y. 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REPORT SUMMARY: Attached are the Planning Commission Action Minutes of July 24, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission 4 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, July 24, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Barry, Garakani, Hunter, Kurasch, Roupe, Zutshi and Chair Jackman Absent: Commissioners Garakani and Zutshi Staff: Planners Livingstone, Vasudevan & Welsh, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE _ MINUTES: Drag Minutes from Regular Planning Commission Meeting of July 10, 2002 (APPROVED 4-0-1, HUNTER ABSTAIN) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Sta,Q: REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 18, 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (1~) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS 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(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. APPLICATION #02-072 (397-24-073) - RUEHLE, 20075 Spaich Court; -Request for Design Review and Use Permit approvals to construct a 925 square foot detached pool cabana with an 861 square foot basement. The height of the structure will be 12 feet and will be located on a 49,800 (gross) square foot lot in the R-1-20,000 zoning district. There is a 4,773 square foot single-story residence on the site. A Use Permit is required because the proposed accessory structure will be located within the rear yard setback. (VASUDEVAN) (APPROVED 5-0) 2. APPLICATION #02-047 (517-19-040) - SIADAT, 14771 Montalvo Road; Request for Modification of Approved Project to remove two provisions in the resolution for DR - 99 -006. The applicant requests that the requirement to dedicate and build a 10-foot wide pedestrian trail on their property be omitted from the resolution of approval. The applicant requests permission to allow afive-foot high fence beyond the front yard of the property within the City right-of- way. This is a change of the requirement that athree-foot fence be permitted in the front yard of the property as permitted by resolution DR-99-006. (WELSH) (DENIED 5-0) APPLICATION #02-127 -CITY OF SARATOGA, Austin Way; -Request to designate all of Austin Way a Heritage Lane to preserve the existing brick roadway that was built in 1904. (LIVINGSTONE) (APPROVED 5-0) DIRECTOR'S ITEMS - None COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS - None ADJOURNMENT AT 10:30 PM TO NEXT MEETING Wednesday, August 14, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA u If you would like to receive this Agenda via a-mail, please send your a-mail address to olanninela~sarato al' c~•us r SARATOGA CITY COUNCIL MEETING DATE: AuQI1St 7.2002 AGENDA ITEM: ORIGINATING DEPT.: Community Development CITY MANAGER: ~', PREPARED BY: Lata Vasudevan DEPT. HEAD: SUBJECT: Zoning Ordinance Amendment -Requirements for Basements -Second Reading and Adoption RECOMMENDATION: Staff recommends that the City Council waive the second reading and adopt the attached Ordinance that revises the current definition of basement, adds a definition of lightwell and establishes development requirements for basements and lightwells. DISCUSSION: Following the Public Hearing on July 17, 2002, the City Council waived the first reading and directed Staff to place the item on the Consent Calendar for the August 7, 2002 City Council meeting for second reading and adoption. At the July 17; 2002 meeting, the City Council made one revision to the proposed Zoning Ordinance amendment regarding basements beneath accessory structures. In accordance with the City Council's comments at the last meeting, Staff has modified the wording of the proposed Section `15-80.035 Requirements for Basements and Lightwells' to allow basements under accessory structures with the provision that the basement shall not be located within any required setbacks. The commonly used term `setback' has been replaced with the synonymous term `yard' so that the wording of the proposed Zoning Ordinance amendment is consistent with the rest of the `Zoning Regulations' chapter of the Municipal Code. FISCAL IMPACTS: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: No public notification is required for second reading and adoption of the Zoning Ordinance amendment. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If the proposed Zoning Ordinance amendment is not adopted, then the Planning Commission and Staff will not be able to adequately assess the impacts of proposed basements on the neighborhood, soil conditions, groundwater conditions and drainage. If the amendment regarding the definitions of `Basement' and `Lightwell' is not adopted, then Planning Staff and applicants for development projects, particularly on hillside lots, will not have written clarification on `Basement' and `Lightwell' requirements. ALTERNATIVE ACTIONS: 1. Leave the Zoning Ordinance as it is currently written. 2. Modify and adopt the proposed Zoning Ordinance amendment. 3. Adopt only a portion of the proposed Zoning Ordinance amendment. FOLLOW UP ACTION(S): Direct the City Clerk to publish the Zoning Ordinance amendment. ATTACHMENTS: Draft Zoning Ordinance Amendment regarding Requirements for Basements i ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SARATOGA REGARDING REQUIREMENTS FOR BASEMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS Section 1. Findings. A. The Planning Commission has conducted a public hearing to consider amendments to the Zoning Ordinance with regard to requirements for basements in all zoning districts, and has adopted a Resolution recommending that the City Council amend Chapter 15 `Zoning Regulations' of the City Code. B. The Ordinance amends Chapter 15 `Zoning Regulations' of City Code to provide clarification on the definition of `Basement' and provide for adequate means to assess the impacts of basements for the general protection of the health, safety and welfare of the community. Section 2. Adoption. Specific sections in Chapter 15 `Zoning Regulations' of the City Code are hereby amended as set forth below. New and replacement text are indicated in bold italic font (e.g., bold italic) and deleted text is indicated in strikeout font (e.g., s~ikeeat) The standard font of the City Code remains unchanged by this Ordinance. The amendment to Chapter 15 `Zoning Regulations' is as follows: IS-06.090 Basement. the c:,ili nb °"''~~ "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure la) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. This requirement applies to all lots, with the exception of hillside lots. finished floor 42 inches ~ ~J i Basement ~ ~ i __ __ Section Figure 1 a On hillside lots, as defined in Section IS-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure Ib) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation ofgross floor area and shall not be considered a story. (See Figure Ic) 2 stories 2 stories i t Floor ~ Basement Area ~_ Area --11f (not a story) Portion where Section vertical height from floor above Less than 80%ofarea [o Bade exceeds t33333s3s33333~~53333333ts535.'i533334E 42 inches 1 4 Basement 4 Floor Area (no floor area) q 4 e Plan Figure I b Portion where vertical height from floor above to grade i exceeds 42 inches Basement ~ __ __~ Section 5; Basement .! Basement-80%of (no floor area) 4i area of space is not L more than 42 inches above Bade. Plan LJ Figure 1 c Y As used herein, the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. All basements are subject to the requirements of Section 15-80.xxz 15.06.405 Lightwell. "Lightwell" means an excavated area adjacent to a building that extends no more than four feet measured horizontally from the building perimeter to the interior wall of the lightwell, that is enclosed on four sides, that is open at the top, and allows light into a below grade level of a building. Lightwells shall have guardrails and gates in compliance with the Uniform Building Code. 15-45.065 Administrative design review. (a) In each of the following cases, no building permit shall be issued for the construction or expansion of asingle-family structure or structure in any A, R- 1, HR, or R-OS district until such structure has received administrative design review approval by the Community Development Director, pursuant to this Article: (1) New single-story residences. (2) Major additions in size, defined as either the addition main or accessory structure or as a one hundred square feet o of a main or accessory structure. (3) Addition of a basement to an existing structure and enl IS-80.035 Requirements for Basements andLightwells. of fifty percent or more of existing r greater addition to the second story argement of existing basements. The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the exception of requirements (d) and (e) below, which shall apply to all districts. (a) A basement shall be located entirely beneath the building footprint of an enclosed accessory structure andlor the building footprint of the main structure, including attached garage, and shall not be located within any required yard. (b) A lightwell shall not be located within any required yard. (c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling framing members. (d) All proposed basements and additions to basements shall obtain geotechntcal clearance. The applicant shall submit to the Planning Department a geologic and geotechnical report prepared by a certified engineering geologist and registered geotechnical engineer. The geologic report shall include an analysis of groundwater conditions prepared by a certified hydrogeologist. (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Wafer collected from a basement shall either be transported to a nearby City storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director and the Public Works Department. The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-section, pazagraph, sub-pazagraph, sentence, clause and phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. The foregoing ordinance was introduced at the regular meeting of the City Council of the City of 5azatoga held on the 17`h day of July 2002, and was adopted by the following vote following the waiver of the second reading on the 7°i day of August, 2002. AYES: NOES: ABSENT: ABSTAIN Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk APPROVED AS TO FORM: Richard Taylor, City Attorney SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: fem. CITY MANAGER: ~~~-~~ DEPT HEAD: SUBJECT: Saratoga Woods Single Story Overlay District Second Reading and Adoption RECOMMENDED ACTION(S): Staff recommends that the Ciry Council waive second reading and adopt the attached Ordinance establishing a Single Story Overlay District for the Saratoga Woods Neighborhood. REPORT SUMMARY: Following the Public Hearing on July 17, 2002, the City Councfl waived first reading and directed that the Staff place the item on the Consent Calendar for the August 7, 2002 regular City Council meeting for second reading and adoption. The Planning Commission adopted a Resolution on May 22, 2002, recommending that the City Council establish a single story overlay District for the Saratoga Woods Neighborhood. Previous to this, on January 16, 2002, the Saratoga City Council adopted Resolution No. 02-004 directing the Plamting Commission to study and report back to them on a proposal to establish a single story limitation in the Saratoga Woods Neighborhood. This neighborhood is generally bordered by Cox Avenue on the south, Saratoga Avenue on the east, Saratoga Creek on the west and Prospect High School on the north. The City Council in adopting the Resolution directed Staff to conduct a poll of all of the property owners the Saratoga neighborhood to determine the breadth of interest of establishing a zoning overlay restriction to limit the area to single stories only. The City Council further directed Staff to report the findings of that poll to the Planning Commission who would then consider the issue in an advertised public hearing and report their findings to the Ciry Council. On April 10, 2002 the Planning Commission was presented with the results of the polling and directed Staff to prepare a draft Ordinance, advertise the hearing and agendize the matter. The results of the polling in the Saratoga Woods neighborhood are as follows: Su rt 178 66% of those res ondin 44% of total mailin O se 82 30% of those res ondin 20°~ of total mail' Total 260 65ryo of total mailing Responding Returned 11 3ryo of total mailing Mail # of cards 401 Sent Out Did Not 130 32% of total mailing Res and The Saratoga Woods neighborhood is predominately single story dwellings. Staff has attached a map indicating where two story structures exist. The map distinguishes between original construction and newer additions. In Saratoga Woods, there were 26, original 2-story homes, this includes three that had finished attics above the garages. In Saratoga Woods, there have been seven 2"d story additions. There aze 394 dwellings in the Saratoga Woods neighborhood. A restriction such as the one proposed is intended to protect neighborhood compatibility, privacy and character. The restriction would disallow any new second story additions and disallow any two story reconstructions in the Saratoga Woods neighborhood. The existing two story dwellings would be exempt from this ordinance. The R-1-10,000 zoning district allows 60ryo structure coverage, as such existing single story dwellings will qualify for additions. The map attached to the draft resolution depicts where the exempt lots are located. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Zoning would remain in place and the City would deal with each application for second story additions or reconstructions on a case by case basis. ALTERNATIVE ACTION(S): 1. Leave the current zoning restrictions as they currently exist 2. Modify the recommendation to allow partial second story additions in some cases, such as when there are existing second stories contiguous to the subject parcel. FOLLOW UP ACTION(S): Direct the City Clerk to Publish the Ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: No public notification is required for second reading and adoption of the ordinance. ATTACHMENTS: 1. Map showing the Saratoga Woods Neighborhood 2. Draft Ordinance establishing the Saratoga Woods Single Story Overlay District CJ ~ „F ~ SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 ORIGINATING DEPT: City Manager PREPARED BY: SUBJECT: Ordinance Establishing the Manner in Which Membership Terms on City Commissions are Staggered. RECOMMENDED ACTION: Waive the second readmg of the attached ordinance and adopt ordinance. REPORT SUMMARY: At the City Council meeting of July 17, 2002 the City Council introduced an ordinance establishing the manner in which membership terms on City Commissions are staggered. AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD: The ordinance would make approximately an equal number of seats on each commission subject to appointment each year by staggering the expiration dates of the terms of the Commissioners on each commissions. Thus, for the most Commissions tow terms would expire each year and every fourth year only one term would expire. FISCAL IMPACTS: No significant fiscal impacts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Discussed below. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Publish entire ordinance in the Saratoga News and send out for codification. ADVERTISING, NOTICING AND PUBLIC CONTACT: . Notice for this meeting. ATTACHMENTS: Attachment A -Draft Ordinance. r ORDINANCE AN ORDINANCE ESTABLISHING STAGGERED TERMS FOR COMMISSIONERS APPOINTED TO CITY COMMISSIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:. Section 1. Findings. A. The City of Sazatoga has established a number of commissions to advise the City Council in reviewing, establishing, and implementing City policy in a number of areas. Commissioners provide an invaluable service to the City and their participation in these civic affairs goes to the very heart of representative democracy at the local level. B. The City Council has established common requirements regarding qualifications, attendance, removal, vacancies, meetings, and rules of procedure for all City Commissions. C. Currently, each Commission has new Commissioners appointed to four yeaz terms every other yeaz. In one year, four Commissioners may leave a Commission and be replaced by new Commissioners. In the next yeaz there are no new Commissioners and in the following year, three Commissioners may leave and be replaced by new Commissioners. D. The City Council wishes to increase the frequency with which interested citizens may apply for a seat City Commissions and to avoid the loss of significant expertise at a single time. Therefore, this ordinance amends the Saratoga City Code to provide that the terms served by the Commissioners on each Commission shall be evenly staggered. Specifically, on each Commission, the terms of approximately an equal number of Commissioners shall expire each year, and those Commission seats will be open to qualified applicants. E. In order to make the transition from the current schedule of dates on which Commissioner terms expire to the staggered schedule established by this ordinance, section 2.2 of this ordinance authorizes the City Council to appoint Commissioners to transitional terms of less than four years through 2006. Section 2. Adoption. Section 2.1. Staggered Terms. Article 2-12 of the Sazatoga City Code is hereby amended by adding the following pazagraph (c) at the end of section 2-12.12: "(c) For each Commission, the terms of the Commissioners shall be staggered such that each year the four yeaz terms of approximately an equal number of the Commissioners shall expire. Where a Commission has seven Commissioners, the terms of two Commissioners shall expire each yeaz except that in the year after the first six Commission terms have expired, only one term shall expire. The limitations set forth in this paragraph (c) shall not apply to the Youth Commission. Section 2.2. Transitional Terms. Article 2-12 of the Sazatoga City Code is hereby amended by adding the following paragraph (d) at the end of section 2-12.12: "(d) Notwithstanding pazagraph (a) of this section, where the terms of Commissioners on a Commission do not comply with paragraph (c) of this section, a Commissioner maybe appointed to a term less than four years for the purpose of making the terms of the Commissioners on the Commission comply with pazagraph (c). No term shall be reduced after a Commissioner is appointed to serve the term, except as otherwise provided by this Code. For purposes of paragraph (b) of this section, a term of less than four years established pursuant to this pazagraph is not a full term. This paragraph shall be of no further force and effect after December 31, 2006. Section 3. Publication. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption, The foregoing Ordinance was introduced at a regulaz meeting of the City Council of the City of Sazatoga held on the 17th day of July 2002 and adopted by the following vote following a second reading on the 7th day of August 2002: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY CLERK • APPROVED AS TO FORM: CITY ATTORNEY MAYOR, CITY OF SARATOGA, CALIFORNIA SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: zc~ ORIGINATING DEPT: Administrative Services CITY MANAGE~R: --~~~ PREPARED BY:~^-~ DEPT HEAD: //~ SUBJECT: Property Tax Levy to Service the Debt on the Library Bonds RECOMMENDED ACTION(S): Adopt resolution approving the property tax rate for debt service payments on the Library General Obligation Bonds. REPORT SUMMARY: In March 2000, the citizens of Saratoga approved an increase in their property tax rate to pay for the debt service payments on the Library General Obligation Bonds, which were approved at the same time. The Library bonds were issued in May 2001, and the debt service payments began last February 2002. The County of Santa Clara, the agency that prepares and issues property tax bills, requires that the new property tax rate be approved by the local jurisdiction and transmitted to the County annually. Debt service requirements for August 1 S` of the current tax year thru August 1 S` of the subsequent tax year totals $1,484,334 with prior year resources of $424,342. Therefore, the net debt requirement service is $1,059,992. The net secured assessed valuation for all property located in Saratoga for the fiscal year 2002-03 totals $6,442,765,661. Therefore, the property taxes to cover the debt service payments would be about $16.50 per 100,000 of assessed valuation for the year. For example, if a home was purchased a number of years ago and has an assessed valuation of $300,000, the increase in property tax would be $49.50 ($3 x 16.50) for the year. If a home was purchased recently for $3,000,000 the increase in property tax would be $495.00 (30 x $16.50) for the year. FISCAL IMPACTS: There is no fiscal impact on City funds by taking this action. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If the property tax rate increase is not approved at this time, it will not be included in next year's property tax bills, and the City will be required to make the debt service payments from the General Fund. ALTERNATIVE ACTION(S): An alternative would be to not increase the property tax rate, thereby requiring the City to pay for the debt service payments using the General Fund. FOLLOW UP ACTION(S): Transmit the Resolution and related information to the County of Santa Clara Treasurer-Tax Collector's Office before August 9, 2002. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT(S): Resolution Approving an Increase in the City's Property Tax Rate to Fund the Debt Service Payments on the Library General Obligation Bonds for Fiscal Yeaz 2001-02. C~ 2 of 2 I RESOLUTION NO.Ol- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN INCREASE IN THE CITY'S PROPERTY TAX RATE TO FUND DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2002-03. WHEREAS, in March 2000, the citizens of Sazatoga approved an increase in their property tax rate to pay for the debt service payments on the Library General Obligation Bonds; and WHEREAS, debt service payments on these bonds began last February 2002; and WHEREAS, an increase in property taxes of $16.50 per 1,000 of assessed valuation is sufficient to cover the debt service payments for the yeaz. NOW, THEREFORE, The City Council of the City of Saratoga hereby resolves to approve an increase in property taxes of $16.50 per $1,000 of assessed valuation for the fiscal year 2002-03 property tax roll. AND BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Sazatoga City Council held on the 7`h day of August 2002 by the following vote: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None ABSTAIN: None Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk r f. J SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 ORIGINATING I~'~'~ity Manager AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Records RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Attendance reports for all Commissions are submitted semi annually for periods January 1 through June 30 and July 1 through December 31. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Commission Attendance Records January 2002 -June 2002 Arts Commission Attendance Record Feb. 25, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None Mar. 11, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None Apr. 15, 2002 Present: Tracy Halgren, Mary Ann Henderson, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: Lee Murray May 13, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Sylvia Wohlmut Absent: Mary Lou Taylor June 10, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Mary Lou Taylor Absent: Lisa Pontier de Mattei, Sylvia Wohlmut L~ 4 u City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/ 868-1215 fax: 408/868-8559 Memo To: City Clerk From: Lorie Tinfo@\ Date: 7/29/02 Re: Citizen's Oversight Committee Meeting Absence For the period January 2002 through June 2002, we have met monthly. The following represents the record of absence for the committee members during that time: Norman Siegler: 1 Susan Calderon: 1 Alan King: 1 Don Johnson: 0 Katie Alexander: 0 Thanks. a Saratoga Finance Commission . Meeting Attendance Record January 2002 -June 2002 Meeting held: January 28, 2002; March 11, 2002; Apri18, 2002; April 29, 2002; May 29, 2002; June 17, 2002. Commissioner Allen 6 of 6 Commissioner Garbe 6 of 6 Commissioner Hughes 4 of 6 Commissioner Ochi 6 of 6 Commissioner Swan 5 of 6 Commissioner Tennant 5 of 6 Ciry of Jarato~+a Commmtity Development Department MEMORANDUM TO: Cathleen Boyer, City Clerk FROM: John F. Livingstone, Associate Planner DATE: July 18, 2002 RE: HERITAGE PRESERVATION COMMISSION ATTENDANCE 2002 anua Februa March Aril Ma ~ une Norm Koe ernik Present Present Present Present Present Present Carolyn King Present Present Present Tee' ex fired Will s Peck Present Present Present Present Present Present Ph lis Ballin all Present Present Present Present Present Present Dora Grens Present Present Present Present Present Present Robert Peepari Absent Absent Absent Terra ex fired Beth Wyman Absent Present Present Tell ex fired `J S COMMISSION MEETING ATTENDANCE RECORD Date: July 16, 2002 Commission: Library Period Covered: Jan -June 2002 Number of Scheduled Meetings: 4 Regular Meetings 1 Cancelled January and June meetings not scheduled Commissioner Number of Absences Chair Manzo 0 Chandra 1 Cross 2 Foscato 1 Gipstein 2 Johnson 0 O'Donnell 4 Submitted by: ~~-(~ ~t~i[~ ~~ L~-Y ~, Lori Bums Staff Liaison to Library Commission ~J City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/ 868-1215 fax: 408 / 868-8559 Memo To: City Clerk , From: Lorie Tinfow~. Date: 7/29/02 Re: Library Expansion Committee Meeting Absence For the period January 2002 through June 2002, we have met formally bi- • monthly (January 10, March 6 and May 1) and scheduled site tours for the remaining months. The following represents the record of absence for the committee members during that time: Marcia Manzo: 1 Bill McDonnal: 0 Stan Bogosian: 1 Dave Anderson: 0 Ruchi Zutshi: 0 Julie Farnsworth 1 Mary Jeanne Fenn: 0 Ruth Gipstein: 1 Jack Grantham: 1 Edward Sessler: 3 Fran Andreson: 1 Dolly Barnes: 0 Thanks. i Parks & Recreation Commission Attendance Record For the Period January 1, 2002-June 30, 2002 Commission Member Clabeaux, Elaine Deimler, Logan Dodge, Sandra Frazier, Angela Fronczak, Norbert Gates, Greg Seroff, Nick Number of Meetings Attended 8 of 8 8 of 8 8of8 7of8 8of8 7of8 7of8 L r1 ~.J COMMISSION MEETING ATTENDANCE RECORD Date: July 29, 2002 Commission: Planning Commission Period Covered: January -June 2002 Number of Scheduled Meetings: 12 Regular Meetings Number of Special Meetings: 0 Special Meetings Commissioner Number of Absences Barry, Cynthia 4 Garankani, Mike 0 Hunter, Jill 1 Jackman, Erna 3 ~~ -~ ~ !. ~, Submitted by:` 1 ~~l~~~' -~ Thomas Sullivan,AICP -`"' Secretary to the Planning Commission Zutshi, Rutchi 5 1/23, 2/13, 2/27, 4/10, 6/26 Date 1/23, 4/24, 5/8, 5/22 1/23 2/27, 6/12, 6/26 Kurash, Lisa 2 1/9, 4/10 Roupe, George 3 4/24, 5/22, 6/12 City Manager's Office 13777 Fruitvale Ave. Sazatoga, CA 945050 Tel: 408/868-1215 fax: 408/ 868-8559 Memo To: City Clerk From: Lorie Tinfo~\\ Date: 7/29/02 Re: Public Safety Commission Meeting Absence 1 For the period January 2002 through June 2002, the Commission has met monthly. The following represents the record of absence for Commission members during that time: Fran Andreson: 2 Brigitte Ballingall: 0 Mitch Kane: 0 Ronny Santana: 1 - Tom Edel: 1 Isabelle Tennenbaum: 1 Jim Schindler: 0 Thanks. i v COMMISSION MEETING ATTENDANCE RECORD Date: July 23, 2002 Commission: Youth Period Covered: January to June 2002 Number of Scheduled Meetings: 5 Commissioner Number of Absences Atkin 1 Baker 0 Ballingall 0 Byrne 1 El-Diwany 5 Farnum 1 Levin 0 Luskey 1 Miller 1 Onn 1 Pramanik 2 Siadat 1 Schwartz 0 Wu 3 ~. Respectfully submitted by: ~'' T owery Recreation Program Coordinator t SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: 2T~- ORIGINATING DEPT: Administrative Services CITY MANAGER:---~G%~`-~- PREPARED BYE T c9-[.[r ~.lin,S~JDEPT HEAD .~- ,~ SUBJECT: Medicare Coverage for Employees Hired Prior to Apri11,1986. RECOMMENDED ACTION(S): Adopt resolution to authorize execution of application and agreement allowing the City of Sazatoga to enter into a Section 218' Agreement with the Social Security Administration and Public Employee Retirement System (PERS). This is a mandated follow-up resolution to Resolution 01-062, adopted by the Council on September 5, 2001. REPORT SUMMARY: Current law mandates that employees hired prior to April 1, 1986, are not required to contribute to Social Security's Medicare; employees hired after that date are required to contribute, and as .such, are earning qualifying credits towards Medicaze benefits. An individual must have 40 (forty) quarters of qualifying employment to be eligible for Medicaze benefits. These qualifying quarters maybe earned at any employer where Medicare taxes were paid, at the City of Saratoga for employees hired prior to 1976 or after April 1, 1986, and/or at the City of Sazatoga after a new Section 218 Agreement goes into effect. One may also be eligible through a spouse's qualifying employment. During negotiations with Sazatoga's Employee Association the City committed to enter into a Section 218 Agreement with PERS and Social Security Administration allowing employees hired prior to April 1, 1986, to participate in Social Security's Medicaze plan. There is a cost to the employee of 1.45% of earnings and an equal cost to the employer. FISCAL IMPACTS: The cost to the City is 1.45% of participating employees' salary, or approximately $680 per yeaz per employee. As the initial poll indicated three (3) employees elected to participate. The annual cost is approximately $2,040. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City would not be able to provide employees hired prior to April 1, 1986, the opportunity to qualify for Medicare, as previously agreed. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Direct staff to forward a copy of adopted resolution and agreement and application to PERS. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Resolution authorizing application and agreement to enter into a Section 218 Agreement with the Social Security Administration and PERS (2 copies as required) and the application and agreement form (2 copies as required), t Re~urn original and one copy to: ~ California Public Employees' Retirement System Actuarial and Employer Services Division Public Agency Contract Services P.O.Box 942709 Sacramento, CA 94229-2709 This is your contract for Medicare coverage. Please read carefully. File State-approved copy in permanent file APPLICATION AND AGREEMENT For the purposes of this application and agreement, any reference made herein to any State or Federal statute or statutes, or regulations, or part thereof, applies to all amendments thereto now or hereafter made. For the purposes of this application and agreement, "Federal System" means Old-Age, Survivors, and Disability and Health Insurance system established by the Federal Social Security Act, "Federal agency" means the Commissioner of Social Security, or successor in function to such officer, "Board" means the Board of Administration of the California Public Employees' Retirement System, acting on behalf of the State of California. The City of Saratoga, a public agency as defined in Section 22009 of the Government Code* hereinafter called Applicant, hereby makes application to the Board to execute a modification to the California State Social Security Agreement extending thereunder the "Medicare Only" coverage in conformity with Section 218(n) of the Social Security Act; to all services performed by individuals as employees of the Applicant in a coverage group (as defined in Section 218(d)(4) of the Social Security Act') of Group B, California Public Employees' Retirement System, a deemed retirement system established by division of a retirement system pursuant to Section 218(d)(6) of the Social Security Act, composed of positions of members desiring coverage under said insurance system, except the following: PERS-MED-32D 1 Application and Agreement (Division) 1 1. Those services mandatorily excluded from said agreement by Section 218 of the Social Security Act." 2. The following services excluded by option of the Applicant pursuant to Resolution No. 01-062 adopted on November 6, 2001: None' `See Attachment In order to carry into effect the common governmental duties under such statutes and in consideration of the mutual promises hereinafter made, the Applicant and the Board agree as follows: I. The Board will execute a modification to the California State Social Security Agreement to extend thereunder the "Medicare Only" coverage the services of employees of Applicant as hereinbefore applied for. 2. Applicant will comply promptly and completely, throughout the term of this application and agreement, with the letter and intent of all statutes of the State of California, and Section 218 of the Federal Social Security Act, and applicable Federal and State regulations adopted pursuant thereto. 3. Applicant will pay as the State regulation may prescribe, amounts equivalent to the sum of taxes (employer-employee contributions) which would be imposed under the Federal Insurance Contributions Act if the services of employees covered by the application and agreement constituted employment as defined in such Act. Applicant shall keep or cause to be kept accurate records of all remuneration for such services, said records to be maintained as required by Federal or State regulations, and said records shall be available for inspection or audit by the Board or its designated representative. PERS-MED-32D 2 Application and Agreement (Division) 4. Applicant will prepare and submit such wage and other reports as may be required. 5. Applicant will pay and reimburse the State at such times as may be determined by the State: (a) Any sums of money that the State may be obligated to pay or forFeit to the Federal Government by reason of any failure of the Applicant, for any cause or reason, to pay the contributions, penalties, or interest required by the agreement between the Federal agency and the State at such time or in such amounts as required by the said agreement and any State or Federal regulations adopted pursuant thereto. (b) In such amounts as may be determined by the State, its proportionate share of any and all costs incurred by the State in the administration of the Federal System as it affects the Applicant and its employees. (c) In such amounts as may be determined by the State, the cost of any and all work and services relating to any division for the purposes of coverage under the Federal System held with respect to the coverage group for which coverage is requested herein. (d) In such amounts as may be determined by the State, the costs of any audits of the books and records of the Applicant made by the State or its designated representatives pursuant to Section 22559 of the Government Code. 6. The coverage herein provided for shall be effective November 1, 2002. PERS-MED-32D 3 Application and Agreement (Division) r 7. That, subject to the aforesaid provisions and applicable law, this application and agreement may be amended by the mutual consent of the parties in writing 8. After the filing of this application and agreement, its acceptance and execution by the State shall constitute it a binding agreement between the Applicant and the State of California with respect to the matters herein set forth. City of Saratoga Signed by Authorized Agent And by (Witness) (Title) (Date) ACCEPTED STATE OF CALIFORNIA BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY Manager, Public Agency Contract Services Actuarial and Employer Services Division • PERS-MED-32D 4 Application and Agreement (Division) 1 • Section 22009, .Government Code: ATTACHMENT "Public Agency" means the State, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 10 of Division 6 of the Agricultural Code, Chapter 754 of Statutes of 1933, as amended, or Chapter 307 of the Statutes of 1935, as amended, the employees of which constitute one or more coverage groups or retirement system coverage groups. Section 218(d)(4): For the purposes of subsection (c) of this section, the following employees shall be deemed to be a separate coverage group: (A) all employees in positions which were covered by the same retirement system on the date the agreement was made applicable to such system (other than employees to whose services the agreement already applied on such date); (B) all employees in positions which became covered by such system at any time after such date; and (C) all employees in positions which were covered by such system at any time before such date and to whose services the insurance system established by this title has not been extended before such date because the positions were covered by such retirement system -including employees to whose services the agreement was not applicable on such date because such services were excluded pursuant to subsection (c)(3)(B). The following services are mandatorily excluded: (a) service performed in a policeman's or fireman's position, covered by a retirement system at the time coverage is extended to the Public Agency; (b) service performed by an individual who is employed to relieve him from unemployment; (c) service pertormed in a hospital, home, or other institution by a patient or inmate thereof; (d) covered transportation service (as defined in Section 210(k) of the Social Security Act, as amended); PERS-MED-32D 5 Application and Agreement (Division) (e) service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of Section 210(a) of the Social Security Act, other than paragraph 7 of such section,-or service the remuneration for which is excluded from wages by paragraph (2) of Section 209(h); (f) service performed by an individual as an employee on a temporary basis in case of fire, storm, snow, earthquake, or similar emergency; (g) services performed by election officials or election workers for each calendar year in which the remuneration paid for such service is less than $100. • i PERS-MED-32D 6 Application and Agreement (Division) RESOLUTION NO. (To Accompany Application and Agreement) WHEREAS, a division of the California Public Employees' Retirement System with respect to eligible employees of the City of Saratoga, hereinafter referred to as "Public Agency", who are members of and in positions covered by said retirement system, has been conducted in accordance with Federal and State Laws and State regulations for the purposes of coverage under the insurance system established by the Federal Social Security Act and a deemed retirement system, hereinafter referred to as Group B of the California Public Employees' Retirement System, has been established thereby as provided in Section 218(d)(6) of the Federal Social Security Act, composed of positions of members of such retirement system who desire coverage under the Health Insurance system established by the Federal Social Security Act; and • WHEREAS, the Public Agency desires to file an application with the State and to enter into an agreement with the State to extend coverage under the said insurance system on behalf of the Public Agency to services performed by individuals as employees of the Public Agency as members of a coverage group, as defined in Section 218(d)(4) of the Federal Social Security Act, of the said Group B of the California Public Employees' Retirement System; and WHEREAS, official form "Application and Agreement, PERS-MED-32D" containing the terms and conditions under which the State will effect such inclusion has been examined by this body; NOW, THEREFORE, BE IT RESOLVED, that said Application and Agreement on said official form be executed on behalf of the Public Agency and submitted to the State to provide coverage under the California State Social Security Agreement of March 9, 1951, of all services performed by individuals as employees of the Public PERS-MED-33D 1 Resolution (Division) r V Agency as members of a coverage group (as defined in Section 218(d)(4) of the Social Security Act) of said Group B of the California Public Employees' Retirement System, except the following: 1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and 2. Services excluded by option of the Applicant as indicated in Resolution No. 01-062 adopted at a meeting of the City Council the 6th day of November, 2001: None Effective date of coverage of services under said agreement to be November 1, 2002; and BE IT FURTHER RESOLVED, that Dave Anderson, City Manager, 13777 Fruitvale Avenue, Saratoga, CA 95070, is hereby authorized and directed to execute said Application and Agreement on behalf of and as Authorized Agent of the Public Agency and to forward same to the State for acceptance and further action; and BE IT FURTHER RESOLVED, that authority hereafter to act as Authorized Agent, and so to conduct all negotiations, conclude all arrangements, submit all reports, and sign all agreements and instruments which may be necessary to carry out the letter and intent of the aforesaid application and agreement, in conformity with all applicable Federal and State laws, rules and regulations, is vested in the position of Office Specialist III. City of Saratoga Presiding Officer PERS-MED-33D 2 Resolution (Division) r CERTIFICATION I, (Name) (Title) of the State of California, do hereby certify the foregoing to be a full, true, and correct copy of Resolution No. adopted by the of the at the regular/special meeting held on the day of as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said at my office this day of (Signature) (Title) PERS-MED-33C Certification (Division) SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 ORIGINATING DEPT: Public Works PREPARED BY: ~~~ AGENDA ITEM: CITY MANAGER: ~/~--/~-~ DEPT HEAD: ~/~~ SUBJECT: Design Services for Blaney Plaza Improvements RECOMMENDED ACTION(S): 1. Approve Resolution amending the Fiscal Year 2002-2003 Budget. 2. Approve proposal from Greg Ing and Associates in the amount of $15,400 for development of conceptual plans for improvements to Blaney Plaza. 3. Authorize City Manager to execute a professional services agreement with Greg Ing. and Associates. 4. Authorize staff to expend up to $4,000 for surveying and miscellaneous costs associated with the project. REPORT SUMMARY: Please find attached to this report a proposal from Greg Ing and Associates for prepazation of conceptual design plans for improvements to Blaney Plaza. The work performed by Greg Ing and Associates will accomplish two main tasks: 1) determine the best placement ofthe Memorial Arch in Blaney Plaza; 2) the prepazation of conceptual plans and cost estimates for the future redevelopment of Baaney Plaza. If the proposal is approved, staff and the consultant will submit conceptual plans to the City Council for approval, which will enable the Fire District to move forwazd with the moving of the Memorial Arch to Blaney Plaza and will provide the information necessary to submit a redevelopment project to the City Council for consideration in the C.I.P. update scheduled to occur in September. FISCAL IMPACTS: $19,400 in Council Contingency Funds. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The design proposal would not be approved and the location of the Memorial Arch in Blaney Plaza would be determined by other means. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A professional services agreement will be executed with the consultant. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Design Proposal. 2. Budget Resolution. C~ 2 of 2 I Greg G. Ing & Associates landsnpe MCtutednre #2444 ` IS85 The Alameda, Suite 201 San Jose, California 95126 408.947.7090 Fax 408.947.7099 July 29, 2002 .~ i Mr. John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 12E: Blaney Plaza, Saratoga, California Deaz Mr. Cherbone: Pursuant, to your request for a proposal for the median known as Blaney Plaza in Saratoga, California. I still believe it to be a wonderful opportunity and challenge to design something that establishes as identity and theme for what in my opinion is the gateway into the downtown area of Saratoga. We at Greg G. Ing & Associate (GIA) consider it to be a great service to continue our association with you and the city. Enclosed is our proposal based upon our phone discussion last week. Per our discussion we will prepaze a design with the consideration of moving the veterans memorial to Blaney Plaza; which is currently located across the street. This proposal will also address the design fees at this time once a design and budget is approved we will submit a proposal to prepaze construction documents to put the project out to bid. Again, thank you for the opportunity to submit this proposal. Should you have any questions regarding the content of this proposal please do not hesitate to give me a call. We are looking to begin immediately upon your approval to do so. & Associates Architect #2066 Enclosures NLY 29, 2002 1 BY: L~ PROPOSAL FOR: BLANEY PLAZA City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga, California 95070 Mr. John Cherbone, Public Works Director 408 868-1241 408 868-1281 Fax Greg G. Ing & Associates 1585 The Alameda, Suite 201 San Jose, California 95126 Mr. Steven J. Kikuchi 408 947-7090 i . INTRODUCTION: The purpose of this work effort is to develop a new design concept for the median known as Blaney Plaza in the City of Saratoga. This median is located on Highway 9 and Sazatoga Avenue and is the gateway to the downtown azea. Also, do to renovation and remodel plans for the fire station across the street the City plans to relocate the Veterans Memorial Monument to Blaney Plaza and needs to prepare a plan to incorporate this into the plaza. Professional services encompass analysis of the site, photograph existing conditions, develop two design concepts for the staff and city council to review. Then upon input and direction prepare a final master plan to present to City Council for approval. The existing site is less than % acre and has two lazge Italian Stone Pines and amulti-level plaza with benches and a low slump stonewall. Everything is subject to removal except the two pine trees. Currently, the plaza is used for two events annually, but primarily it is a visual entranceway into the City of Sazatoga's downtown azea. This work effort will focus on developing a design concept that symbolizes the essence of the City of Saratoga and relocation of the monument. PROFESSIONAL SERVICES TO BE PROVIDED: s Landscape Architectural: Work Program 1.0 Site Analysis, Development Program & Design Concepts Our intent is to help understand the physical constraints of the site and then identify and establish the development program for the plaza. Once this process is moving along simultaneously we will begin to develop several conceptual design concepts to see how things relate and fit on the site. Compatibility of uses to each other and adjacent land uses will be studied. This stage of the work effort will have several meetings with staff. Products: • Meeting w/staffto obtain background information, surveys, etc. • Conduit on & off-site visual analysis. Photograph site • Review any background information relative to the park and neighborhood. • Develop base sheet from existing information by the city. • Identify opportunities and constraints of the site in relationship to uses and facilities. • Meeting w/staffto review information • Develop several conceptual design concepts based upon reseazch. s Proposal Blaney Playa July 29, 2002 . Page 2 • Meeting w/staff to review design concepts • Develop a preliminary plan based on input from staff. • Meeting w/staff to review preliminary plan. • Develop a final master plan, one colored plan and a cost estimate. • Meeting w/staffto review final concept plan and cost estimate • Presentation to city staff or City Council. Includes a total of (5) meetings with staff and (1) presentations to public or city council if additional meetings are required they will be billed at $I50/hr. with a four hour min. CLIENT or CITY'S RESPONSIBILITIES: 1. The City will provide consultant with access to city maps, existing construction documents, records, studies, plans and other documents relating to project. 2. The City render decisions pertaining to the project promptly (projecting a 14 day turn-around time) to avoid unreasonable delay in the progress of consultant's work. 3. The City will provide consultant with all site surveys, legal description, geo-technical and soil reports and underground utility maps. 4. The City will provide all environmental clearances and permits required for the project. PROFESSIONAL SERVICES NOT PROVIDED: 1. Landscape Construction Documents and Specifications 2. Site Observation or Construction Administration & Management 3. Any Agency fees or permits 4. Construction staking 5. Civil, Structural & Electrical Engineering 6. Topographical & Boundary Survey 7. Crraphics, perspective renderings or elevations ADDITIONAL SERVICES: Both parties, prior to proceeding with work, will perform any additional services beyond the scope of this agreement only under written approval. Any revisions to the final design plan or cost estimate will be considered additional services and will be billed on a time and material basis is accordance with our attached hourly rate schedule for the year 2002. Proposal Blaney Plaza July 29, 2002 Page 3 FEE PROPOSAL: Description of Professional Services: 1.0 Site Analysis, Development Program & Design Concepts • Conduit on & off-site visual analysis. Photograph site • Review any background information relative to the pazk and neighborhood. • Develop base sheet from existing information by the city. • Identify opportunities and constraints ofthe site in relationship to uses and facilities. • Meeting w/staff to review information Kikuchi 16 hrs. x $150.00 $ 2, 400.00 Wade 8 hrs. x $125.00 $1, 000.00 • Develop several conceptual design concepts based upon research. • Meeting w/staffto review design concepts Kikuchi 24 hrs. x $150.00 $ 3, 600.00 Wade 8 hrs. x $125.00 $ 1,000.00 • Revise conceptual plan based upon staff input. • Meeting w/staffto review conceptual preliminary plan. Kikuchi 16 hrs. x $150.00 $ 2, 400.00 Wade 8 hrs. x $125.00 $1,000.00 • Develop a final concept plan, one colored plan and a cost estimate. • Presentation to staff or City Council of fmal master plan and cost estimate Kikuchi 20 hrs. x $150.00 $ 3,000.00 Wade 8 hrs. x $125.00 $1.000.00 • Totak PAYMENT SCHEDULE S 15,400.00 Services performed will be billed monthly as percentage of work is completed. All invoices aze due upon receipt. Upon 14 days after invoice date, the invoice will be considered past due and accrue interest at the rate of 1-1/2% per month or 18% annually. All work will stop after 14 days past due. Proposal Blaney Plain July 29, 2002 - • Page 4 PAYMENT SCHEDULE Cont.: 2. Direct expenses are in addition to the compensation for professional services, and shall include the actual expenditures made by GIA in the interest of the project at a cost plus 30%. Direct expenses include the following: Blueprints, photocopies, CAD plots, postage and shipping, fax and long distance phone calls, film, mileage at .46 mile, etc. Should either party commence any litigation hereto, the prevailing party in such litigation shall be entitled to reasonable attorney's fees and costs as determined by the court of jurisdiction. 4. Limitation of liability is the compensation paid to Greg G. Ing & Associates. 5. "Landscape architects are licensed by the State of California." TIME FRAME OR SCHEDULE: L5 The estimated time frame to complete the landscape design will take approximately t weeks from the issuances of the design contract. Upon the signing of the contract Greg G. Ing & Associates will determine a specific project timetable at the commencement of • the project with city staff. Greg G. Ing & Associates takes no responsibility for the client's time to make decisions upon reviewing plans submitted for client's approval and direction. Greg G. Ing & Associates upon being selected will provide the City of Saratoga with all insurance certificates prior to execution of the contract. This proposal will be honored for 60 days from the date it was prepared after it shall become null and void. Respect y submitted, ~~ Ste . Kikuchi, Lan cape Architect J t • Greg G. Ing & Associates SCHEDULE OF HOURLY RATES Effective from January 1, thru December 31, 2002 The following rates are applicable professional services to hourly rate contracts, extra work items, and per diem accounts: Classificat+o~ Hourly Rate Steven J. Kikuchi or Greg G. Ing Project Manager $ 150.00 Ron Wade Senior Landscape Architect $ 125.00 Kathy Stickland Associate Landscape Architect $ 115.00 . Computer Technician $ 85.00 Clerical $ 65.00 6 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 5-YEAR CII' BUDGET . TO ESTABLISH AN ADDITIONAL PROJECT "BLANEY PLAZA IMPROVEMENTS" WITH AN APPROPRIATION OF $19,400. WHEREAS, the City Council has approved the moving of the Memorial Arch in Blaney Plaza by the Saratoga Fire District; and WHEREAS, the City Counci] directed City staff to determine the best placement of the Memorial Arch in Blaney Plaza, prepare conceptual plans, and cost estimates for the future redevelopment of Blaney Plaza, and; WHEREAS, the first step of the process is to approve the proposal from Greg Ing and Associates for preparation of conceptual designs plans for improvements to Blaney Plaza; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To establish a new multiple year capital improvement project #0307 "Blaney Plaza Improvements", AND BE IT FURTHER RESOLVED, to increase the City of Saratoga's Multiple Year Budget in the amount $19,500 for this project according to the following entries: Increase Decrease 001-1010 General Fund -Council Contingency $19,500 352-0307 Infrastructure CIP -Blaney Plaza Improvements 19,500 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 7a' day of August 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEP'~~ Manager CITY MANAGER: --~~ DEPT HEAD: SUBJECT: Confirmation Of Report And Assessment Of Weed Abatement RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolution. REPORT SUMMARY: Under State and local laws, local government routinely abate the seasonal fire hazazds of brush on undeveloped property. For the County and several cities, including Saratoga, this brush abatement program is administered by the County Fire Mazshal's office. In many cases, property owners find it convenient to have government take care of weed brush removal and to pay through a property tax lien. This past year, the County performed weed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $24,526.24. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. Judy Saunders of the County Fire Marshal's office will be attending the meeting for any questions FISCAL IMPACTS: None to the City if resolution is adopted. City may be liable for work performed by contractor for any assessments not levied. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None, this is the last City action in the brush abatement cycle ADVERTISING; NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Sarato ag News on July 24, 2002 as required by law and list of parcels for fire hazard vegetation abatement was posted for public view in front of the Council Chambers. The County mailed notices to all of the affected property owners. ATTACHMENTS: Attachment A -Resolution Attachment B -List of parcels. Attachment C -Notice of hearing RESOLUTION NO. 02- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF BRUSH ABATEMENT CHARGES WHEREAS, at a regular meeting held on July 17, 2002, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for brush abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article I5, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2002 Hazardous Vegetation Management Program, Assessment Report, City of Sazatoga, prepazed by the Fire Marshal of Santa Clara County, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 7th day of August 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Nick Streit, Mayor Cathleen Boyer, City Clerk County of Santa Clara Environmental Resources Agency Fire Marshals Ottice -Santa Clara County Fire Deparnnent County Government Center. East Wing 7o west Hedding Street, 7th Floor san .lose. California 95t tpt705 (40S) 299-5760 FAX 279-5537 July 8, 2002 Ms. Cathleen Boyer City Clerk City Of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: 2002 Hazardous Vegetation Management Program, Assessment Report Dear Ms. Boyer: The Hazardous Vegetation Assessment Report for the year 2002 is attached. It lists properties located within the City of Saratoga jurisdiction, upon which abatement of hazardous vegetation and/or combustible debris has been preformed by the County's contractor. The Saratoga City Council approved 147 parcels for inclusion in our program at the start of the season, and all were inspected at least once, and most several times during the season. A total of 25 parcels were abated by our contractor, which amounts to 83% voluntary compliance. As requested, a representative of the County Fire Marshal's Office will be present at the hearing. If you have any questions, please do not hesitate to call me at (408) 299-5761. Thank you. Sincerely, ftad'y Saunders Assistant Fire Marshal Santa Clara County Attachment Board of supervisors: Donald F. Gage. Blanca Alvarado. Pete McHugh. James T. Beall. Jc. 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L ~ w ti 0. h O w ~ y G F d ~ 3 ~ ^~ C G ~ a, d .°c v ~ ,.] ~ C w eu a d A .~ Z a ~ = V ~ x .~ A ~ m ~ o ~ Z o 0 0 0 a r, ~ ~ N Q o 0 0 ~ ~ ~ ~ m x _ G aNi xi w ro A ~ ~ y ~ ~ V c, ~... ~ 0 0 ~ n o W a ~ ~ M ti M ~'-~ N ~-+ N N N N V Z a J N O O N n r 0 d N NOTICE OF HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Saratoga, California, has set Wednesday, the 70' day of August, 2002 at 7:30 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearings on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEEDS AND BRUSH ABATEMENT CHARGES. All interested persons may appear and be heard at the above a time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council's information packet, written communications should be filed on or before the Thursday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue. Questions may be addressed to the City Clerk, 868-1269. /s/Cathleen Boyer City Clerk PUB:07/24/02 • SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ~ _ ORIGINATING DEPT: Community Development CITY MANAGER: O~l~---~------ PREPARED BY: John F. Livingstone, AICP DEPT HEAD: SUBJECT: Reconsideration ofResolution No. 01-060 Regarding Saratoga Fire District Fire Station and Temporary Fire Station at 14380 Saratoga Avenue RECOMMENDED ACTION: Approve motion for reconsideration. Open public hearing on reconsideration. Close public hearing, reconsider resolution and provide direction to staff. REPORT SUMMARY: At its September 5, 2001 meeting, the City Council adopted Resolution 01-060 denying the application of the Saratoga Fire Protection District to build a new fire station at 14380 Saratoga Avenue and to maintain a temporary fire station during construction of the new fire station. At the July 17, 2002 City Council meeting, a motion was made to place Resolution 01-060 on the next agenda for reconsideration before the City Council pursuant to Section 2-10.110 of the City Code that allows the Council to reconsider any action (other than an ordinance or license or permit approval) at any time. (Saratoga City Code 2-10.110(f).) A copy of Resolution No. 01-060 is attached as Exhibit 1. In accordance with the Code, the motion for reconsideration was agendized for this meeting of the City Council. Staff recommends that Council approve the motion for reconsideration and then conduct a public hearing to reconsider the issues addressed in Resolution 01-060. Following adoption of the resolution in September 2001, the City sponsored a collaborative planning process for the site of the proposed fire station. The stakeholder group for this Ad Hoc Committee included the Fire District, Santa Clara County Sheriff's Office, County Administration, the United States Postal Service, FACT, the Federated Church, neighbors, and representatives from the City's Planning and Public Safety Commission. The group presented its final report to the City Council on April 17, 2002. The City Council then directed staff to work with the Fire District to develop a plan for a new fire station reflecting the key design concepts included in the group's "Scheme A." A copy of the consultant report from ATI outlining "Scheme A" is attached as Exhibit 2. A copy of the April 17, 2002 Staff Report is attached as Exhibit 3. On July 17, 2002 the City Council approved a settlement agreement with the Fire District. The settlement agreement establishes a process for consideration of a new fire station design consistent with "Scheme A", including a front apron of at least 59 feet and compliance with the City's height limitations and standard front yard setback. The "Scheme A" approach requires minor exceptions to the City's rear and side-yard setback requirements and site coverage requirements. The agreement requires prepazation of an environmental analysis of the new design by the Fire District and review by the City Planning Commission. The agreement also requires the City Council to consider (1) vacating the alley between the existing fire station and the post office and (2) transferring the Heritage Plaza property to the Fire District in exchange for ten new public parking spaces in addition to the 24 required by the District and bicycle and pedestrian easements along Saratoga Avenue and State Route 9. The agreement specifies that nothing in the agreement restricts the City's discretion in considering these matters. The agreement requires the City and the District to confer regarding proposed changes to the project. Reconsideration of the resolution denying the original application is the first step in the planning process set forth in the settlement agreement. By reconsidering the resolution the City Council can take any of the actions that were available to it at the September 5, 2001 meeting. These are: (1) approve the applications as submitted at that time; (2) deny the applications; (3) approve the applications as submitted with modifications specified by Council; or (4) refer the matter back to the Planning Commission with directions from Council. In light of the work of the Ad Hoc Committee and the subsequent design efforts of the Fire District, Staff recommends that the Council refer the matter back to the Planning Commission with direction that the Fire District revise their application to generally conform to "Scheme A" as described in the Settlement Agreement and that the Planning Commission review the revised plan to ascertain its conformance with "Scheme A". If the City Council refers the matter back to the Planning Commission it should also request that the Planning Commission review concurrently with the Fire District application (1) the proposed vacation of George Whalen Way (the alley behind the existing fire station) and (2) the transfer of the Heritage Plaza property to the District for conformity with the City's General Plan pursuant to Government Code section 65402(a). The Settlement Agreement contemplates that the District will submit a revised application to the City by August 23, 2002. This would allow the matter to be presented to the Planning Commission at its meeting of September 25, 2002. Following the Planning Commission's action on the project, the City Council would hold a public hearing on the vacation of the alley and the conveyance of the Heritage Plaza property to the District. This heazing would be at the October 16, 2002 City Council meeting. ALTERNATIVES: Described in main report. 2 FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to adjoining landowners, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: 1. Resolution Approving Reconsideration 2. Resolution 01-060 3. ATI consultant report presented on April 17, 2002 4. Staff Report for April 17, 2002-Report of the Ad Hoc Committee 5. Letters from Aaron Katz dated July 26 and July 30, 2002 3 RESOLUTION NO.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RESCINDING RESOLUTION NO. 01-060 AND REFERRING FIRE DISTRICT APPLICATION TO PLANNING COMMISSION FOR CONSIDERATION OF REVISED PLANS WHEREAS, substantial work has been accomplished by the Ad Hoc Committee, including the active participation of the Fire District and other stakeholders, to develop alternative conceptual plans for a public safety center, including a proposed fire station; WHEREAS, the alternative conceptual plans developed by the Ad Hoc Committee were reviewed by the City Council at a public meeting on April 17, 2002 at which the City Council directed City staff to work with the Fire District to facilitate a land exchange between the City and the Fire District necessary to allow development of the "Scheme A" conceptual design developed by the Ad Hoc Committee; WHEREAS, at the July 17, 2002 City Council meeting, a motion was approved to reconsider the City's September 5, 2001 Resolution No. 01-060 for denial without prejudice of the Fire District's Application and to place Resolution 01-060 on the next agenda for reconsideration before the City Council pursuant to section 2-10.110(f) of the City Code which allows the Council to reconsider any action (other than an ordinance or license or permit approval) at any time; and WHEREAS, in accordance with the City Code and the directive of the City Council, the reconsideration of the issues addressed in Resolution No. 01-060 has been agendized for a public hearing before the City Council on August 7, 2002 and noticed accordingly. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that it has reconsidered and hereby rescinds Resolution No. 01-060. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Saratoga that Fire District Application for a new fire station be, and it hereby is, referred back to the Planning Commission for review of revised plans to be submitted by the Fire District consistent with "Scheme A" developed by the Ad Hoc Committee and that the Planning Commission review: (1) the revised plan to ascertain its general conformance with "Scheme A;" (2) the proposed vacation of George Whalen Way (the alley behind the existing fire station); and (3) the transfer of the Heritage Plaza property to the Fire District for General Plan conformity pursuant to Government Code Section 65402(a). RESOLUTION RESCINDING RESOLUTION NO.01-060 AND REFERRING FIRE DISTRICT APPLICATION TO PLANNING COMMISSION FOR CONSIDERATION OF REVISED PLANS Page 1 of 2 The above and foregoing Resolution was passed and adopted at an adjourned meeting of the City Council of the City of Saratoga held on the 7`h day of August 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk RESOLUTION RESCINDING RESOLUTION NO. 01-060 AND REFERRING FIRE DISTRICT APPLICATION TO PLANNING COMMISSION FOR CONSIDERATION OF REVISED PLANS Page 2 of 2 RESOLlTION NO. 01-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING THE APPEAL OF PLANNING COMMISSION ACTION APPROVING DR-O1-006, TUP-Ol- 003, AND UP-O1-002, FOR A FIRE STATION TO BE LOCATED AT 14380 SARATOGA AVENUE WHEREAS, the Planning Commission conducted duly advertised Public Hearings on June 13, 2001 and June 27, 2001, to consider DR-O1-006, TUP-Ol-003, LL-O1 003, and UP-O1-002, during which all interested parties were allowed to speak; and WHEREAS,. following the public hearings, the Plamring Commission discussed all pertinent issues within their authority; and WHEREAS, the Planning Commmission determined that the public good would be served by granting the various applications; and WHEREAS, On September 5, 2001 the City Council of the City of Saratoga conducted a continued Public Hearing to consider a properly filed appeal of the above referenced actions during which all interested parties were allowed to speak; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: A. The City Council hereby finds and determines: 1. That the proposed structure does not avoid unreasonable interference with views and privacy in that the structure is in excess of allowable height in the P-A Zoned District, and 2. That the proposed project would remove existing landscaping in the Memorial Plaza, and 3. That the perception of excessive bulk and mass are further aggravated through the lack of setbacks from property lines, and 4. That the bulk and height of the proposed Fire Station are not in keeping with the neighborhood in that it does not maintain similar bulk and height to the Federated Church or other strictures in the immediate neighborhood, and 5. That the proposed conditional use does not comply with each of the applicable provisions of Chapter 15 of the City of Saratoga Municipal Code in that the requirements for setbacks, coverage and height are all exceeded and no evidence has been submitted that would support total deviation from established P-A "toned. District requirements, and _ 6. That the proposed parking is not adequate top serve the proposed intensity of use due to the number of personnel and members of the public using the site, and 7. That the location of the proposed use and the conditions under which it will be operated with respect to ingress and egress of emergency vehicles will be detrimental to the public health, safety and welfare. B. For the foregoing reasons the appeal of the action of the Planning Commission approving applications for the Saratoga Fire Station; DR-O1-006, TUP-Ol-003, and 1JP-O1-002, is granted and the Planning Commission action is overturned and said applications are hereby denied without prejudice. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 5 day of September, 2001 by the following vote: AYES: Councilmember Stan Bogosian, Vice Mayor Nick Streit, Mayor John Mehaffey NOES: None ABSENT: Councilmembers Evan Baker., Ann Waltonsmith ABSTAIN: None .~ Jol ehaffey, Mayor 2 of 2 3860 Blackhawk Road ~~ Danville, CA 94506 ~ T: 925.648.8800 F: 925.648.8811 5901 Chnsb'e Avenue, #301 d ~~ Emeryville, CA 94608 T: 510.420.1693 F: 510.420.1691 ~ JL ~t s 4200 EasfAvenue n8cx~recrs a,eexcmaexs Llvermort, CA 94550 T.' 925.447.4017 F: 925.447.9360 r 2510 Douglas BoulevaN Roseville. CA 95661 7.'916.772.1800 F: 916.772.1820 6 Hangar Wag Suife C Wahonville, CA 95076 T: 831.7616222 EXECUTIVE SUMMARY F: 831.761.1121 Housed in a facility built in the 1920's, the existing fire station, located at the southeast corner of the Saratoga Avenue and Highway 9, was determined to be non-compliant with current codes, seismically unsafe and therefore, in need of replacement. The concept of a Public Safety Center was initially considered in the mid 1990's and was pursued by a site committee very similar to the current Ad Hoc Committee. However, after much discussion and investigation, the concept of the Public Safety Center was abandoned due to differences between the Postal Service and the Fire District with regard to the use, sale, and acquisition of the Postal Service property immediately adjacent to the existing Fire Station. A bond measure was passed in the year 2000 allowing Fire District to proceed with the design of a new facility to be located on the current site. The District also acquired the Contempo property to supplement its anticipated building program needs and to serve as a temporary fire station during the construction of the new facility. Unfortunately, the new design required numerous exceptions to existing zoning regulations and was rejected by the City Council. In response to the Council's and the concerns of individual citizens and citizen groups, the Mayor of Saratoga appointed an Ad Hoc Committee comprised of stakeholders and residents with an interest in a new Public Safety Center for the City of Saratoga. This Committee comprised of the following voting members: • Nick Streit • Chief Ernest Kraule • Jane Decker /Dennis Bacon • Curtis Jewell • PastorArvin Emgelson • Don Whetstone • Mike Garakani • Brian Styslinger • Francis Andreson • Warren Lampshire • David Doloff Mayor Saratoga Fire District Santa Clara County Executive Officer/ Santa Clara County Sheriff's Department United States Postal Service Federated Church of Saratoga Public at Large Planning Commissioner Public at Large/Village Green Neighborhood Association Public Safety Commission Public at Large Fire Fighters Citizen Task Force Other non-voting committee attendees • Dave Anderson • Jeff Miles • Flora Cox • Reese Williams • Jerry Bruce • Tom Blaisdell • Marlene Duffin City Manager/Facilitator Santa Clara County Sheriff's Department Adjoining property owner Citizen Federated Church of Saratoga Fire Fighters Citizen Task Force Foothill Club • "Providing Value through Quality, Service and Innovation" ~ City o/ Saratoga Public Safety Center Executive Summary ATI Project No. SA0401 Page 2 Rity McCarty Foothill Club Hugh Hexamer Public Safety Commission Jay Geddes Saratoga Fire District This Committee was charged with the responsibility of determining the feasibility of constructing such a center. It was determined that variations of three options be explored. These options were identified as the following: • Public Safety Center developed without the use of Federated Church property for parking. Public Safety Center developed with the use of Federated Church property for shared parking. • Public Safety Center developed with one of the existing agencies (Fire, Sheriff, USPS) will move off-site. The City of Saratoga commissioned ATI Architects and Engineers to provide the necessary architectural services to develop alternative site master plans for an envisioned Public Safety Center. The scope of these services was to be limited to the development of potential site plans, concept drawings, and estimated cost of the various options, but would not include building design or other more detailed aspects of architectural services. THE PROCESS The process began with a kickoff meeting with the Ad Hoc Committee where general introductions were made. A project schedule was presented, and an overview of the project objectives was discussed. At this meeting, program requirements for each of the agencies were confirmed, and an agreement was reached by all property owner representatives that the master plan study concept development would be prepared absent of property delineation or ownership. In order to fully understand individual stakeholder concerns and issues, ATI conducted initial private individual interviews with each of the voting members (or their designated representative). This process was also extended to interested non-voting members as well. The Foothill Club and Reese Williams participated in this process. Based on the confirmed agency program requirements and the identified issues and concerns of the individual stakeholders, ATI prepared and presented nine adjacency site diagrams for the committee's consideration. This included three variations of each of the three options identified above. These options provided for fire station locations on both Saratoga Avenue and Highway 9. Committee attendees were invited to provide comments and opinions of each of the options which would be used to develop the next generation of options to be developed and presented at the next scheduled meeting. ATI facilitated this process by posting the site diagrams on its website. ATI would continue this reiterative process and eventually develop a total of 27 variations to arrive at a 50% presentation to the City Council that would be distilled down to five alternatives that would include two variations of Option 2 (shared parking with the Federated Church) and three variations of Option 3 (one of the agencies moving off site). During this period, however, some significant assumptions would change. Of prominent note would be the elimination of the Wells Fargo Property as a potential site for the relocation of the United States Postal Service, the reduction of the parking requirement for the Sheriffs Department, a potential change in the Postal Service program requirement, and the renewed reluctance of the Postal Service to sell or commit the use of its property (permanent easements). At the 50% presentation, Council requested revisiting a Contempo site fire station and the inclusion of additional independent traffic information to be developed by a City contracted traffic consultant. Higgins Associates was engaged for this task. Preliminary findings uncovered off site City of Saratoga ~ Public Safety Cenfer Executive Summary ATI Project No. SA0401 Page 3 improvements that would be beneficial to Public Safety Center regardless of fire station location. More responsive CalTrans input has also resulted in the incorporation of possible restrictions of vehicular movement into and out of the site. Demonstration of actual fire truck movements assisted in the development of more accurate turning movement requirements. Through two additional weeks of meetings and concept development, ATI is providing for Council's consideration, two alternatives which are both supported in varying degrees by the Ad Hoc Committee. We have clearly sought to present an unbiased representation of the best supported solutions for the City of Saratoga's Public Safety Center. We are providing you the features of both alternatives and a cost opinion based on a cost per square foot conceptual level estimate and, as a result, includes a generous design contingency. We stress that this cost opinion is in keeping with our contractual responsibility and should be viewed as a means of evaluating the comparative cost of each alternative. With further design development, a more accurate cost picture can be generated. THE RESULTS The following summarizes the results of the joint 18-week effort of the Ad Hoc Committee and ATI Architects and Engineers. Ad Hoc Committee Accomplishments Build a Fire Station Acknowledgement of the need to build a fire station at either site Mitigate existing parking issues at the Federated Church Support the Church in its desire to return the parking for use by its membership only Improve pedestrian safety Propose new signalization at Oak Street Normalize Saratoga Avenue/Saratoga Los Gatos intersection Improve traffic movements Provide additional dedicated right turn lane -northbound highway 9 Widen all Saratoga Avenue lanes to 12 feet Reduce Saratoga Avenue/Saratoga-Los Gatos Intersection from service level D to service level B Improve Fire Personnel Safety Eliminate street blockage for back in movement Provide a large front apron to accommodate back in movements Provide a drive thru configuration alternative Improve unwanted vehicular movement through Village Green Neighborhood Compliance with zoning regulations Setback Height Site Coverage (may need variance) Parking Maintain all current agencies on site THE FINALISTS Two concepts are being presented for Council's consideration as there is, as yet, no clear support for either scheme. Each addresses in varying degrees the issues and concerns of each of the stakeholders and does reflect the consensus commonalities of all Ad Hoc Committee members as well as the input provided by Higgins Associates -Traffic Consultant and RRM -Fire District Architect. - City of Saratoga Public Safety Center Executive Summary ATl Project No. SA0401 Page_4 ATI has provided you with an objective, unbiased assessment of the collective desires of the Ad Hoc Committee. The information listed below provides you with the ability to evaluate the features of each scheme. The cost information is based on a conceptual cost per square foot level and contains a high design contingency component. The cost should be evaluated primarily on a comparative basis as the actual cost can be determined upon further development of the design. Common Offsite Elements Move the Monument to Plaza Add dedicated right turn lane on northbound Saratoga Los Gatos Widen all lanes to 12 feet on Saratoga Avenue Provide signalization of the Oak Street intersection New median to block left turn movements onto Oak Place from southbound Highway 9 Scheme A -Saratoga Avenue Fire Station • Back-in Fire Station Configuration located on Saratoga Avenue utilizing a revision to the original design • Additional Fire District support space located at the Contempo Building • Contempo will need seismic upgrade/remodeling to house a temporary Fire Station during construction • Postal Service and Sheriff Department will continue to occupy the existing structure • Existing property lines will be maintained • Cross parking and access easements will need to be granted to allow for optimum reconfiguration of the parking layout • Egress at Oak Street intersection will be developed by modifying existing parking located at the south portion of the Contempo property • Turnout for postal service drop-off from Saratoga Avenue will be developed • Access to future Federated Church underground parking area to be maintained • 69 parking spaces provided (62 spaces targeted) PROJECT COST Building 11,000, s.f. @ $200/sf $2.2 million Contempo Upgrade-Seismic $275,000 Contempo Interiors 4,000 s.f. @ $30/sf $120,000 Site Development $540,000 Off-site Development $240,000 Soft Costs $750,000 SUBTOTAL $4.12 million Design Contingency 20% $825,000 TOTAL $4.95 million Scheme D -Highway 9/Contempo Site Fire Station • Drive-thru Fire Station located on Saratoga Los Gatos Road with adequate front apron to facilitate off-street back-in movements • New design for larger Fire Station required which will incorporate training facility requirement • Existing fire station will remain in operation during construction of new facility • Postal Service and Sheriff Department will continue to occupy the existing structure City of Saratoga Pu6iic Safety Center Executive Summary ATI Project No. SA0401 Page 5 • Proposed land swap will regularize existing parcel configuration • Cross parking and access easements will need to be granted to allow for optimum parking configuration • Signalization of the egress movement at Oak Street intersection will be further supported with the fire station location , • Turnout for postal service drop-off from Saratoga Avenue will be developed • Access to future Federated Church underground parking area to be maintained • 73 parking spaces provided (62 spaces targeted) PROJECT COST Building 15,000 s.f. @ $200/sf $3 million Site Development $600,000 Off-site Development $240,000 Soft costs $900,000 SUBTOTAL $4.74 million Design Contingency (20%) $948,000 TOTAL $5.69 million GOING FORWARD With this presentation ATI's work is done. Having narrowed the primary differences of the committee members to the fire station location and the drive-thru/backup configuration, we believe that both of these plans have merit and are worthy of consideration. By and large, they address the balance of issues and concerns of the Ad Hoc Committee. Compliance with zoning regulations, parking, vehicular movements, fire personnel and pedestrian safety have all been improved. There are cost differences between the concepts but at this stage of development, a cost differential of 15-20% should not be considered significant. One recommendation would be to conduct a more detailed site evaluation by developing more accurate site information with regard to topography and overlay these concepts to determine the extent of actual site development. A fire station needs to be built and will be built. Hopefully through our work and with tonight's input by the members and friends of the Ad Hoc Committee, Council will be able to move forward to further that reality. d ~ ~ °' s o»~~,~ s ~_~ ~ ~ E o-~ m v w E m `m c o o- o S~ O C C FJ (gyp Si 9p O V~ Ol O v N L y L a_ d ~= y ~C ~~ _OI C p l N R ~ d n a~i ~ ~o w c 3 3 E '~' n 5 ~ a 3 d d a. d o s E~ 3 rn~ m E 1O q d~ m q ~ N m - 2 10 Q V N~ N~ d O~ N N 'G p N+~Z ~'~cArnrrn• cyE}m ~ m¢ m 2 E 8¢~ a` _ d w J ~- N M V h (O g ~ 000000 ~ggooo ~ ~ o o o+m ~_ ~'- ^ ' o y o~n 0000 N N r ~ N ~ ~ ^ vi ~ o Off] - E 3 o N h ~ > c ~ w ° o > y = e9 » Fn Fn w en ~n m ~ . V E ° E ~' N j= L L W~ x n mQ O_. ~dn ~ LL E O ,~2 m E y y ~ w ~ O m'x9 oa ~~ ~ ~~ m ° m ° m o 0 = ~ oaA3m~~ 3 ~ ~ ~ O w~'g O N ~ N ti mi2 f. ~c o ~~ N ~ a 3 a d ' ~ ~ n c ° O ~ i 3 , w o o h m a LL O o H' E 4 ~ ~ ~ ' ~' o m o r ~ a W H' o m ~' ~~ or a C ~ ~ m m O ~ U om ~ t - rn a `oa =U ~ g¢ h ° A m of V o ~ ~ F c ° ~ 1 - f U 4l n t ~~ ~s~ f f 1\~ \ ~J~\ \• \ ~\O. J, ~T ~~~~ ~ u~ ~~7°"'yeQ a' H ,y ~ EP o~ N ae~ ~~~G~J CD~ i "a ~jZ.) ._._. N~ili '. ~ ~- 1 ~g L L~ N~ -/.: ~ S Y .y N6 .' /~ ~/~ ~e ~iB '~a it 1i ~ l.Y. ~1{ ..-.yI' •l f ~- ,a ^m. (a'~2`t -~ ~__ b ~ .~ 0 3 ? ~ o _ o K c~ y~ ~ a o ~ = R S N~ uN ~' Oid ~' ~ w' m p m a e v iL ~ R ii m a o v 8 v c '^ ~ t ~.Q n S 3 q''~ ` = ~ ¢ o y m Z '~ .- S v~ ~;' y E g aRi H p ati rn o'~ ~°~{ r ~ m~`+ ~... `~ o w= c n tO m <o d ~ .o° 7i b ~+ _c 3 ~' °' c fY 4 m.., ~+'~ 'O c C~ a c ~ `~ o c c y m m .`~ .`~ 3 '~ 41 0 O N C ~'~,. '% N U O R O v c?~ H _L°'3 `o yin m Na F- E°~ m c c N -o rn m V m m o. E A o° '`m c ~' 'S ~ ~ m"o E o 5 ~ ~ R' ~ aai ~ P o~ o c4 v c_ Cc °' n~ 4. ~- U 3 E 5u. v 3y£ ti ti o ~~s o s s pp O ~ tp N ~ p m ~ m ~ ... «a ea °» .n w O U w J m o m ~ O ~ ~ N N g ~'. ~ ~ ~ ~ p ! ~ b ~ ~ ~ ~ ~ O U ~ :00 rU V-c ~ ~ N g m ~ mil ~ ° .d ' o ~ O ln ~n t- ,~ J~ SARATOGA CITY COL'NCII. • -, .--~ ?`IEETIN'G DATE: April 17, 2002 AGENDA ITEM ~' ORIGINATING DEPT: Cin• Manager CITY MANAGER: O~~ PREPARED BY: DEPT. HEAD: StiBdECT: Public Safety Center RECOM>VIENDED ACTION(S): Accept report. Take public input. Provide direction to staff. BACKGROUND The Adhoc Project was initiated to explore the availability of the Post Office propem• and if • available. to integrate the concept of a new Public Safety Center including a Fire Station, Sheriff s Office and a Post Office at this location. Stakeholders were appointed by the Mayor to represent all major interests in the outcome of this process, including the Cit}•, Sazatoga Fire District. Santa Clara Sheriff s Office, and County Administration, the united States Post Office, FACT. the Federated Church, neighbors and residents, and representatives from the Cit}~'s Planning and Public Safety Commissions. The City hired the firm of ATI, Architects and Engineers to develop a conceptual plan for a safety center on December 11, 2001. At the outset of the conceptual design process the committee studied three options with several design variations including: Option 1 included the three existing agencies on the site; Sheriff, Fire and Post Office, without using additional pazking resources from the adjacent Federated Church. r Option 2 included all three agencies and utilized additional parking from the adjacent Federated Church. - Option 3 included only two agencies, with the Post Office or Sheriff's Office moving from the site. By the time the Committee brought conceptual design options to the City Council for the 50% S design review, all Option 1 conceptual plans had been dropped recognizing that additional offsite parking may be required (under Option 2) or that fewer agencies would fit on the site (Option 3). At that meeting the City Council requested that the AdHoc Committee further investigate 1) Option 3-3 which oriented the fire station on Saratoga Avenue with a front setback lazge enough Protect Cos:: - Buildin~ 52? million Contempo upgrade S3d0,000 Site Development 540,000 Soft Costs 5750,000 Off-Site improvements S24Q000 TOTAL 54.08 million Scheme'`D" has the following features: Dm°e-thru Fire Station located on Highway 9 with adequate r"ront apron to facilitate off- street back-in movements. '.~;e~~ design for lazger Fire Station at 14,000 sq. fr. required which will incorporate training facility and storage requirements. Existing fire station will remain in operation outing construction of new facility. ?= parking spaces provided (62 spaces tazgeted) Proiect Cost: Building 53 million Site Development 5600,000 Sofr costs 5900,000 Off-Site Improvements 5240.000 TOTAL 54.74 million Drawings of Scheme A and Scheme B are attached. .ATI, .Architects and Engineers will provide Council with additional written materials and will make a presentation outlining the opportunities and constraints inherent in the conceptual designs of both schemes presented for Council consideration at the Counci] meeting. Of course, additional more detailed design work would be required to proceed with either scheme. .As the models were refined, the City hired Keith Higgins & Associates as an independent traffic consultant to perform a traffic analysis on each model. His analysis details the benefits and problems inherit in each design based upon the traffic related criteria agreed to~by the Adhoc Committee. That report is attached as Appendix B. Keith will also be available at the Counci] meeting to address traffic issues related to each scheme. • The AdHoc Committee deserves credit for their many hours of dedicated attention to the complex issues before them. The process has resulted in two conceptual designs that would result in a new fire station for the community, improved safety for fire personnel, and that respond to many of the concerns that were raised regarding the original design. The AdHoc process has also had several collateral benefits. The process facilitated the organization of the July ~6, 2002 ~ RECEIVED City of Saratoga JUL 2 6 2002 City Council ["the Council"] CITY OF SAR,4T0 The Honorable Nick Streit, Mayor 13777 Fruitvale Ave. PERSONALLY DELIVERED Saratoga, CA. 95070 (408)868-1269 FAX (408) 867-8555 e-mail • nsd~eit~a-online.com, evansbakeraaol.com, meh~n~edattkett.com, sho osim~ra~aol.con~, waltonsnarth(m~,attbi, com Re: Reconsideration of Resolution No. 01-060 ["the agenda item"] Denying the Saratoga Fire District's ["the SFD's"] Request for ["the application"] Design Review and Use Permit -Application Nos. DR-O1-006, UP-O1-002, LL-O1-003 & TUP-O1-003 - 14380 Saratoga Ave., Saratoga, CA. Dear Mayor Streit, Vice-Mayor Evan Baker and Honorable Councilpersons John Mehaffey, Stan Bogosian and Ann Waltonsmith: This letter is being written to voice my opposition to the agenda item. The basis of my opposi- tion is procedural. Simply stated the proposed action constitutes nothing more than an indirect attack on the Council's action [i.e., denying the application] of a yeaz ago. What authority under the City's Muni- cipal Code does the Council have to take such action? Article 15-90.070(c) of the Municipal Code states as follows: "Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council..." On September 5, 2001 the Council in its wisdom chose to reverse the decision of the Planning Commission insofar as the application were concerned. Given there is no procedural means under the Municipal Code to "reconsider" Council action when appealing action by the Planning Commission, in this instance there is and was only one way to attack the Council's action of September 5, 2001; the filing of a lawsuit. Per Article 15-90.080 of the Municipal Code, "ANY [judicial] action or proceeding to attack, review, set aside, void or annul a decision of the ...City Council made pursuant to any provision of this Chapter, or any of the proceedings, acts or deter- minations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date of such decision..." Notably neither the Council nor the SFD [which is identified in a July 19, 20021etter to inter- ested persons of the public as the "applicant" advancing the agenda item] has the power to indirectly attack the Council's decision under its own statutes or assuming arguendo it does, that power must be exercised within 90 days after it makes its decision. If the SFD wants to start over with a new development plan for reconstruction of a fire station . that is certainly its prerogative. But I feel to "back door" the process through the procedural artifice of "reconsideration" is in my opinion inappropriate. Yesterday I placed a call to Dave Anderson to discuss the basis of my opposition. Dave was t unable to provide any Municipal-Code authority for the making or consideration of the agenda item. Instead he referred the issue to the City's attorney who I understand is out of his office until the day before the intended hearing date. The Council's intended action would create a very dangerous precedent for our city. If approved it would send the message to future Councils there never can be finality insofar as any decision is con- cerned for an unhappy party can always ask for "reconsideration;" even a year after the fact, and even though the Municipal Code does not recognize this means of indirect attack. Further, the Council's intended action smacks of back room politics. As I understand it the reason the agenda item is before the Council stems from a conditional settlement of the pending litiga- tion between the SFD and the City arising out of the Council's denial of the application. According to the Saratoga News if reconsideration is not successful, there will be no settlement'. In this citizen's opinion the SFD's lawsuit is frivolous evidencing no merit whatsoever. The Council clearly had the power under its ordinances to deny the application [especially given the fact the application sought numerous variances of the City's development standards, no reasonable man can state the Council's refusal to accede to those variances was an "abuse of discretion"]. Although the SFD can certainly appeal the Council's action [which it did], the measuring stick on appeal is abuse of discretion. Stated differently, just because the SFD does not like the manner in which the Council exercised its dis- cretion on September 5, 2001 does not mean it gets a new hearing de f~ovo before the Superior Court. Instead it must establish by a preponderance of the evidence that the Council was required under law to exercise its discretion in favor of the application. The City's attorneys should have advised the Council this is an essentially impossible burden for the SFD to overcome [if counsel has not, then perhaps the City should be seeking alternative counsel]. One final note with the Council's permission. Chief Kraule has been quoted in the media as stating it makes more sense to raze the former Contempo Realty Building and start from scratch than it does to make renovations to the building. If this be the case then I do not understand why a massive structure [consisting of multiple stories and four service bays which do not require emergency vehicles to back up onto Saratoga Ave.) cannot be constructed thereupon. The aesthetic and traffic concerns the community has over the reconstructed station's design aze of far less importance insofar. as this property is concerned compared to the far more visible property which houses the current fire station. If a 12,689 square foot structure can be constructed upon the current fire station site, it can be constructed upon the former Contempo Realty Building site. This would then "free up" the current fire station site for less massive administrative offices and parking. Of course if the City's intent is to assist the SFD in selling part or all of the former Contempo Realty Building site rather than using 100% as a reconstructed fire station [the only authorized purpose inasmuch as the SFD has used the proceeds of Measure F to "acquire" it], then there is a reason to not reconstruct part or all of the fire station thereupon. The Council should not allow itself to be "used" as the SFD's "vehicle" to violate the represented purposes of Measure F. I thank you Mr. Mayor and the rest of the Honorable Council for your collective courtesies, con- 1 Thus there is no settlement at all! sideration and hopeful denial of the agenda item. ALK/a r r/~'~tru xours,, ~~ 1 AARON L. KATZ P.O. Box 116 Saratoga, CA. 95071-0116 (408)741-1008. (408) 741-8927 e-mail • smarten@skitrips.~ret 01/08/1996 01:15 408-741-8927 City of Saratoga City Council ["the Council"] The Ionorable Niclz Streit, Mayor 13777 Fruitvale Ave. SKIING FOR SMARTEN PAGE July 30; 2002 TRANSM£TTED BX FACSIIVHI.)r Saratoga, CA. 95070 (408)868-1269 FA7: (408) 867-8555 e-mail • nstreit cna-onllne.com, evansbaker(cbaol.cont, nzehafn~edcmken.eom, sbo o~ szatx~cr~aol.com, waleonsmith~attbi .9m 01 Re: Reconsideration of Resolution No. 01-060 ["the agenda item"] Denying the Sxratogx )Fire District's j"the SFD's"] Request for ["the application"] Design Review and Use Permit -Application Nos. DR-O1-006, UP-O1-002, I,L-O1-003 & TUP-01-003 -14380 Saratoga Ave., Saratoga, CA. Dear Mayor Streit, Vice-Mayor );+van Baker and Honorable Councilpersons John Mehaffey, Stxn Bogosixn and Ann Waltonsmith~ This letter is a follow up to my letter o£ July 26, 2002 concerning the agenda item. In my letter of July 26, 2002 I questioned the City's power to "reconsider" at this late date its resolution granting F.A.C.T.'s appeal of the former Planning Commission's approval for reconstruction of a fire station. Since then I have reviewed the City's setClement agreement with the SFD ["the settle- ment agreement"]. Therein the stated authority is Article 2-10.110(f) of the City's Municipal Code. I continue to question the procedural authority to do what the Council suggests be done under the authority of said Article for two reasons. First of all, Article 2-10.1100 is a "general" all purpose pro- vision applying to all types of City action. Article 15-90.080 of the Municipal Code on the other hand is a very "specific'' provision applying to direct or indirect attacks on zoning resolutions similar to the one at issue. Counsel should advise the Council that in construing both the specific overrules the general. Second, Article 2-10.110(f)(2) specifically states that, "nothing herein shall extend the statute of limitations applicable to any action taken by the City Council." Article 15-90.070(c) of the Municipal Code has a very specific statute of limitations insofar as attacks on resolutions such as the one before the Council. Simply stated, "ANX action or proceeding to attack, review, set aside, void or annul a decision of the ...City Council made pursuant to any provision of this Chapter... shall be commenced within ninety days after the date of such decision..." Reading Articles 2-10.110(£) and 15-90,070(c) together to give effect to both, if any member of the Council deemed it necessary or reasonable to "reconsider" its action of September 5, 2001, the same had to be implemented within the ninety day statute of limitations period. Thus to allow reconsideration to take place at this late date in essence extends the statute of limitation applicable to the type of action the Council contemplates and is therefore not sustainable under Azicle 2-10.110(f). Therefore for ail the reasons stated in my letter of July 26; 2002 the Council's intended action in granting reconsideration should not take place for it would create a very dangerous precedent by sending the message to future Councils there never can be finality insofar as any decision is concerned for an unhappy party can always ask for "reconsideration;" even a year after the fact, and even though the Municipal Code does not recognize this means of attack made more than ninety days after the fact. 01/08/1996 01:15 408-741-8927 SKIING FOR SMARTEN PAGE 02 Notwithstanding the foregoing, since my letter of July 26, 2002 I have been provided copies of the settlement agreement as well as the Fire Station's Ad Hoc Committee's Report of April 17, 2002 ["the report"]. I feel the report is relevant to the agenda item inasmuch as page 4, lines 1-3 of the set- tlement agreement states, "...the SFD [shall]...prepare arevised plan for the development of a fire station COI~iSISTENT WTTH THE SCHEME A conceptual design...;" page 4, lines 27-28 of the set- tlement agreement states, "...the SFD...return to the Planning Commission with a modified application consistent with the Ad Iioc Committee's Scheme A modified..." as thereafter referenced in the body of the settlement agreement; and, page 5, lines of the settlement agreement states, "...the City Council... [shall] direct the Planning Commission to review the design for genezal conformity with Scheme A..." Although "a copy of Scheme A (purports to be] attached to" the settlement agreement, what it means is really not spelled out. So ifthe Council is going to send the matter back to the Planning Com- mission, I ask its resolution specify in detail the "broad brush" parameters of that referral. Therefore, 1. Scheme A of the Ad-Hoc Committee report is approved subject to modification as herein stated, and the Planning Commission should be directed to consider a revised development application which incorporates that scheme [page 4, line 27-page 5-12 of the settlement agreement). 2. The public right of way in the alley adjacent to the existing station [I assume this is to the rear of the station but maybe not] must be vacated [page 5, lines 6-7 of the settlement agreement], 3. The new design must meet the City's cuzrent design height limitations, fxont and side set backs except for the southeast side setback and except for the rear setback [page 5, lines 12-18 of the settlement agreement]. 4. Site coverage for the reconstructed fire station cannot exceed 30% of the former Contempo Realty plus existing fire station sites combined [page S, lines 18-19 of the settlement agreement]. 5. The City has the discretion to ultimately define design elements that promote compatibility [page S, lines 19-21 of the settlement agreement]. 6. The Heritage Plaza property will be conveyed by the City in consideration of the SFD conveying l0 public parking spaces to be controlled by the City in addition to constructing 24 [non?] public spaces required by the SFD pursuant to a "shared use parking agreement" [I am assuming a future agreement to be entered into with the City (page 6, lines 21-26 of the settlement agreement)]. 7, If as a result of the public hearing process the City proposes changing any of the above fact- ors over the SFD's objections and the parties cannot in good faith resolve any lack of consent to the change, either party may terminate the settlement [page 7, lines 13=25 of the settlement agreement]. So what is Scheme A according to the Rport? Per page 4,, 1. A back-izr configuration located on Saratoga Ave. utilizing a revision of the original design. . 2. Additional SFD support space to be located in the former Contempo Realty building. 3. Seismic upgrading/remodelrng of the former Contempo Realty building so the SFD can use it as support space and as a temporary fire station during construction. 4. The post and sheriff's offices will continue to occupy their existing structure. r SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: ~~-- PREPARED BY: .~4-~ DEPT HEAD: SUBJECT: Implementation for Usage of the North Campus Facility ACTION(S): Receive report and provide direction to staff. REPORT SUMMARY: Background On July 17, 2002 the City Council approved the purchase of the Grace United Methodist Church property located at 19848 Prospect Avenue. Escrow closed on July19, 2002 and utilities were transferred to the City the same day. Soon after, staff members completed a walk thru of the facilities and grounds to identify items that needed immediate attention. The City's Park Division agreed to keep up the landscaping until this service is contracted out. Locks on all the buildings have been changed and necessary minor repairs are being undertaken. Out of the four buildings on the property it is felt that the Administration Building is in the best shape to be used by the public. Brad Lind, the City's Building Official, completed an inspection of this building to identify any building code requirements and ADA concerns. He felt the building was usable, as is, but he did recommend a few minor repairs before occupancy. Building Uses Currently, the buildings on the site are vacant except for occasional usage by the Taiko drum group. After the locks were changed on the Fellowship Hall building, a key was checked out to this group. They are using the hall for storing their drums and a weekly practice session. In an effort to have some activity at this new City property, staff approached the Sheriffs Department about any usage needs they might have. Lt. John Hirokawa, from the Sheriff's Substation, said they would be very interested in utilizing the Administrative Building. Their usage would be for an office for officers to write their incident reports. The current substation does not have space for this function. It is envisioned that this would entail one or two officers in the building off and on throughout the day. No phone connection is requested, or needed. The 1 Sheriff s Deparhnent would also be interested in using the large room for occasional meetings and training, as they lack this kind of facility at the Westside substation. The large meeting room in the Administrative Building could also be used for City staff meetings, Commission gatherings, and training sessions. Also, one of the offices could be used by City staff for special projects or as a workroom, as needed. Each week the City receives calls about the availability of a room for community group meetings. We currently cannot accommodate most groups in the facilities at the Civic Center, but the lazge room in the Administrative Building would be the ideal size for many local non- profit groups. Besides a regular meeting space for organizations, the room could also be made available for neighborhood meetings. The City could chazge $20 per hour and generate revenue to help offset costs. At this time we do not plan to staff the building during these types of activities, but would require groups to leave a deposit to insure against damage. In discussions with the neighbors azound the property, it was requested that the City replace fencing, where needed. The fencing along the north side and some on the west side is in very poor condition. Costs • Fencing on north and west side of property: $25,000 • Landscape maintenance: ($1050 per month/11 months) 11,550 • Irrigation repairs: 6,000 • Custodial maintenance: ($200permonth/11 months) 2,000 • Custodial equipment: 800 • Custodial supplies: 600 • 10 tables for meeting room: 550 • PG&E yearly expense: 5500 • San Jose Water yearly expense: 1100 • Repair interior exit signs and outdoor lights 500 Total $53,550 FISCAL IMPACTS: $53,550 is available from the Council Contingency Fund CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The North Campus will not be used. ALTERNATIVE ACTION(S): None F FOLLOW UP ACTION(S): Complete the minor repairs, contract out landscape and custodial maintenance and replace fencing around the property. Also, begin scheduling Sheriff's Deparhnent, City and community group usage of the Administrative Building. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda mailed to property owners within 500 ft of the property. ATTACHMENTS: Attachment A -Resolution Attachment B -Memo from Jonathan Wittwer Attachment C -Memo from Brad Lind, Building Inspector i k RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A BUDGET AMENDMENT OF $53,550 FOR EXPENSES FOR NORTH CAMPUS....... WHEREAS,; and the City of Saratoga purchased the Grace United Methodist Church, 19848 Prospect Road, Saratoga WHEREAS,; and the City would like to utilize the Administration Building on the North Campus for City and Community meetings WHEREAS,; and the City would like to allow usage of this same building to the Santa Clara County Sheriffls Department NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To authorize staff to complete repairs, purchase equipment, maintain buildings and grounds and pay utilities at the North Campus AND BE IT FURTHER RESOLVED, to adjust the City of Saratoga's Fiscal Year 2002-2003 budget making the following entries: Expenditure Revenue Contingency 0011010 $53,550 Facilities Maintenance 001 1060 $53,550 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 7th day of August, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk Jonathan Wittwer William P. Parkin WITTWER & PARKINS LLP 147 SOUTH RIVER STREET. EUITE 221 SANTA CRHZ~ CALIFORNIA 95060 TELEFHONE: (831) 429-4055 FACSIMIte: (831) 429-4057 E-MAIL: office®wittwerparkin.com August 2, 2002 Dave Anderson, City Manager City of Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 Rinaldi PARALEGAL Jana Re: Compliance with Americans with Disabilities Act (ADA) and Building Codes re Access and Safety at Administration Building at Newly Acquired Grace United Methodist Church Property Dear Mr. Anderson: In view of the City's recent acquisition of the Grace United Methodist Church property, you have inquired as to the City's responsibilities regarding ADA compliance and safety issues regarding the Administration Building. In that regard, the City Building Official has provided the following information. ADA Compliance. With three exceptions listed below, the Administration Building is in compliance with the ADA and Building Code requirements for the disabled. Specifically, both the male and female restrooms are accessible and comply with all ADA and Building Code requirements for the disabled. The three exceptions are as follows: (1) the existing accessible parking space is not adequate for vans with lifts; (2) the existing drinking fountain does not meet applicable standards; and (3) the "conversation pit" is not accessible. Plans to cure exceptions (1) and (2) and bring them into compliance are discussed later in this Memorandum. Safety Issues. With four exceptions listed below, the Administration Building is in compliance with all applicable Building Code Standards. Specifically, all glazing is in compliance with the UBC, particularly Section 2406.4.7 of the UBC which, the Building Official advises, requires tempered glass only for glazing within 36 inches of a walking surface and within 18 inches of the floor and nine square feet in area or greater. The four exceptions which are required to be cured prior to use or occupancy of the Administration Building are as follows: (1) reinstallation of urinal in male restroom; (2) illumination of "EXIT" lights; (3) replacement of various light bulbs at exterior fixtures; and (4) posting of "MAXIMUM OCCUPANT LOAD 80" in large room with conversation pit. As Dave Anderson, City Manager Grace United Methodist Church Property August 2, 2002 Page 2 required by the Building Official, the foregoing exceptions to compliance will be cured prior to use or occupancy of the Administration Building. The legal opinions given in this Memorandum are based on the foregoing information. SUMMARY CONCLUSION City Staff, the Sheriff s Office and Community Groups may commence use and occupancy of the Administration Building so longs as: (1) the safety issues identified by the City Building Official are cured prior to use or occupancy; (2) the ADA issues identified by the Building Official are cured pursuant to a plan therefor to be carried out in a reasonable time; and (3) the "conversation pit" is not used for any service, program or activity if any qualified individual with a disability, who cannot access the conversation pit because of the disability, is present or wishes to attend. LEGAL ANALYSIS State and local governments must comply with Title II of the ADA. Title II requires the City to "operate each service, program, or activity, so that the service, program, or activity, when viewed in their entirety, is readily accessible to and usable by individuals with disabilities." 28 CFR Section 35.150(a). This provision, however does not "[n]ecessarily require a public entity to make each of its existing facilities accessible...." 28 CFR Section 35.150(a)(1). The City may, for instance, move a public meeting from an inaccessible building to an accessible building to comply with the ADA. The ADA and City Governments: Common Problems, U.S. Department of Justice; 28 CFR Section 35.150(b). Use of Administration Building by City Staff, Sheriffls Office and Community Grou s. As set forth above, the City Building Official has found the Administration Building to be in compliance with the ADA and the Building Code with minor exceptions which the City plans to promptly cure. The disabled parking space will be painted properly and the drinking fountain will either be replaced with a water cooler of proper height, taken out of use or otherwise brought into compliance. There is a "conversation pit" in the Administration Building. It is not accessible. Title R of the ADA would preclude use of the conversation pit for any service, program, or activity if any qualified individual with a disability, who cannot access the conversation pit because of the disability, is present or wishes to attend. The service, program or activity would have to be offered at or moved to an accessible location in that event. Dave Anderson, City Manager Grace United Methodist Church Property August 2, 2002 Page 3 Thus, other than the "conversation pit," which is addressed above, the City will bring the Administration Building into compliance with the ADA and Building Codes related to the requirements for the disabled in a reasonable time period. The safety issues in the Administration Building identified by the Building Official will be cured prior to use or occupancy. Please advise if you have further questions in this regard. Very truly yours, Jonathan Wittwer cc: Joan Pisani, City Recreation Director Tom Sullivan, City Community Development Director Brad Lind, City Building Official Richard Taylor, City Attorney { MEMORANDUM TO: Dave Anderson, City Manager FROM: Brad Lind, Building Official ~'~! DATE: August 2, 2002 SUBJECT: Administration Building /New City Property CC: Tom Sullivan, AICP, Community Development Director Joan Pisani, Recreation Director On Apri123, 2002, I compiled a report of a site visit by City Building Inspectors of the Grace United Methodist Church on Prospect Road. I have discovered several errors in that report with regards to the "Administration Building". First, both the male and female restrooms in this building are accessible. Second, there are no sliding glass doors in this building. In fact, all glazing in this building appears to meet current standards with regards to safety glazing in hazardous locations. Overall, the "Administration Building" appears structurally sound and in serviceable condition for STAFF and PUBLIC USE after the following items have been addressed: 1. Reinstall the urinal in the men's restroom. 2. Repair/Test all illuminated EXIT lights. 3. Replace various light bulbs at exterior fixtures. 4. Post MAXIMUM OCCUPANT LOAD [80] in large room w/ conversation pit. 5. Existing (2) fire extinguishers serviced and certified. 6. Items addressed in Assistant City Attorney Wittwer's memo on ADA compliance. ~J SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: V r. SUBJECT: Motor Vehicle (MV) Resolution Prohibiting Pazking along a portion of Herriman Drive RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting pazking and stopping along the frontage of 20221 Herriman Drive (APN 391-O1-256) at all times. REPORT SUMMARY: At its July 17s' City Council Meeting, Council directed staffto bring this item back on August 7s' with additional information. A member of the Public Safety Commission will be present at the meeting to provide Council with additional information and background regarding their recommendation. The Public Safety Commission is recommending that parking and stopping along the frontage of 20221 Herriman Way be prohibited at all times. This restriction is intended to reduce the negative impacts that the property owner is currently experiencing from pazked vehicles blocking the view as the resident back out of the driveway. The owners of the above-mentioned properties have requested that these parking and stopping restrictions be implemented, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $200.00 in labor and material for the City to paint the curb. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the pazking would remain as is. ALTERNATIVE ACTION: Send the issue back to the Public Safety Commission for further review. FOLLOW UP ACTION(S): The curb will be painted red, and the Sheriff's Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution prohibiting pazking and stopping along a portion of Herriman Way. 2. Vicinity Map. ~~ 2 of 2 C~ z~ ti 3 N c m a~ ~ > '~ ~~ 'Q c ~~ o ~ o ~ Z = 0 0 ^L A N Z i I ~ ~ _~ ~~~ ~\ RESOLUTION NO. MV- 238 RESOLUTION PROHIBITING PARKING ON A PORTION OF HERRIMAN DRIVE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following designated portion of Herriman Drive in the City of Saratoga shall prohibit pazking and stopping of vehicles: NAME OF STREET DESCRIPTION PARKING LIMIT Herriman Drive Along the property frontage of APN 391-01-256 No Parking or Stopping any time. This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 7th day of August, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor t SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 ORIGINATING DEPT: Public Works AGENDA ITEM: CITY MANAGER: ~/~~--~"-- PREPARED BY: ~ P~ , nr- DEPT HEAD: SUBJECT: Motor Vehicle (NIV) Resolution Prohibiting Parking along a portion of Tamworth Avenue RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting pazking and stopping along the frontage of 13841 Tamworth Avenue (APN 503-058-019) at all times. REPORT SUMMARY: At its July 17s' City Council Meeting, Council directed staff to bring this item back on August 7°i with additional information. A member of the Public Safety Commission will be present at the meeting to provide Council with additional information and background regarding their recommendation. The Public Safety Commission is recommending that pazking and stopping along the frontage of 13841 Tamworth Avenue be prohibited at all times. These restrictions are intended to reduce the negative sight-distance impacts that these property owners are currently experiencing from vehicles dropping off and picking up Foothill School students at the Northwest and Northeast corners of Tamworth and Seaton. The owners of the above-mentioned properties have requested that these pazking and stopping restrictions be implemented, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $300.00 in labor and materials for the City to paint curbs. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the parking would remain as is. f~ r ALTERNATIVE ACTION: Send the issue back to the Public Safety Commission for further review. FOLLOW UP ACTION: The curb will be painted, and the Sheriff's Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution prohibiting parking and stopping along a portion of Tamworth Avenue. 2. Vicinity Map. 2of2 t----- > _ ~_ 0 n v c~ v D m c m O O Q Z O O ~~ -o ~' c~ N O CD ti ~ z m RESOLUTION NO. MV-239 RESOLUTION PROHIBITING PARKING ON A PORTION OF TAMWORTH AVENUE The City Council of the City of Sazatoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following designated portion of Tamworth Avenue in the City of Sazatoga shall Prohibit parking and stopping of vehicles: NAME OF STREET DESCRIPTION PARKING LIMIT Tamworth Avenue 200' along the property frontage of APN 503-058-019 No Parking or Stopping at any Time This resolution shall become effective at such time as the signs and/or mazkings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Sazatoga at a regulaz meeting held on the 7th day of August, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST Cathleen Boyer, City Clerk CJ r 1 SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~'~ ~j PREPARED BY: ~ c~ `~ ~itC~~DEPT HEAD: 1~-c,~-~-~-~, SUBJECT: Introduction of Construction and Demolition Debris Recycling Ordinance ACTION(S): 1. Receive report REPORT SUMMARY: The purpose of this report is to provide background information and introduce Council to the proposed Construction and Debris Recycling Ordinance (Attachment A). The California Integrated Waste Management Act (Assembly Bill 939) was passed by the State Assembly in 1989 to divert materials from landfills in order to preserve decreasing landfill capacity and diminishing natural resources. The bill mandates each California City and county divert 50 percent of all solid waste from landfill or transformation facilities through source reduction, recycling, and composting activities by January 1, 2000. The City has achieved a 56% diversion rate for the past 2 years and will most likely maintain this rate based upon the present level of source reduction and recycling participation by Saratoga residents and business owners. To assist the city in maintaining a diversion level above 50% and to avoid the statutory penalties associated with non-compliance, it is important the City be proactive and continue to implement cost-effective programs aimed at increasing diversion of waste from the landfill. Construction and demolition debris recycling (C&D), as a condition of construction and demolition pennits, can result in significant diversion of C&D material from Bay Area landfills. Of the programs and activities in Saratoga's Source Reduction and Recycling Element, the non-residential inert (construction and demolitions debris) recycling program has yet to be implemented. Staff contacted neighboring jurisdictions to determine if C & D ordinances were adopted. Listed in the table below is a summary neighboring cities C & D programs: ~J v Y NeiEbborine Cities C&D Proerams City: C & D Ordinance Adopted C & D .Ordinance to be proposed. / in rocess Other C - & D Mitigation Measures Cam bell No No None Monte Sereno No No Literature available Cu ertino No Yes None Los Gatos Yes N/A None San Jose Yes N/A None Palo Alto Yes N/A None Mil itas No No Literature available Santa Clara No Yes None Los Altos No Not unless diversion rate falls below 50% Literature available u The Board of the West Valley Solid Waste Management Authority, of which the City is a member, recommends a Construction and Demolition Debris recycling ordinance be approved by City Council for inclusion in its permit conditions. These conditions apply to all major construction, remodeling or demolition projects over 2500 square feet. These requirements have the potential to divert significant quantities of C & D debris from the landfill and will help to keep the city at or above its 56% diversion level. If Council so directs, City Staff will a hold public hearing on this matter and incorporate any comments received during the coazse of the public hearing into the ordinance for Council review and formal adoption at a future meeting. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A l.J . FOLLOW UP ACTION(S): The City will hold a public hearing, if Council so directs, and bring the comments received at this meeting back to Council and incorporate the comments into the Construction and Debris Recycling Ordinance for formal introduction as a city ordinance at a future Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Attachment A - C&D Ordinance -~ J ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code 40000 et seq.) was enacted to divert recyclable materials from landfills in order to preserve decreasing landfill capacity and diminishing natural resources. B. The California Integrated Waste Management Act mandates that by January 1, 2000, each California city and county must divert 50% of all solid waste from landfill or transformation facilities through source reduction, recycling and composting activities. C. The City of Saratoga prepared and adopted a plan in 1992, the Source Reduction and Recycling Element, to achieve the mandated diversion. D. The City has most recently achieved a diversion level of 56% as a result of the City's source reduction and recycling programs. E. To achieve and assist the City in maintaining a diversion level of at least 50% and to avoid statutory penalties associated with non-compliance with the California Integrated Waste Management Act, the City must continue to implement cost-effective programs aimed at increasing diversion of waste from landfills. F. The City has determined that a program for recycling and reducing construction and demolition debris may result in a significant diversion of construction and demolition debris from Bay Area landfills. G. This ordinance would establish a program for recycling and reducing construction and demolition debris by requiring the preparation and implementation of a construction and demolition debris recycling plan for construction, remodeling, and demolition projects involving structures with more than 2,500 square feet of floor space. Section 2. Adoption. Article 16-72 is hereby added to the Saratoga City Code, to read as set forth below. Article 16-72 CONSTRUCTION AND DEMOLITION DEBRIS Section 16-72.010 Submission of Construction and Demolition Debris Recycling Plan. (a) No permit shall be issued pursuant to this Chapter 16 of the Saratoga City Code to conduct a construction, remodeling, or demolition project involving a structure or structures with more than 2,500 square feet of floor space until the applicant has provided to the Building Official a construction and demolition debris recycling plan. Where one or more construction, remodeling, or demolition projects involving one. or more structures are part of a common development project, the floor space of the structures shall be considered cumulatively for purposes of this section, regardless of whether separate permits are issued for the projects or structures. The Building Official may exempt from compliance with this section any project that is anticipated to produce less than 15 cubic yards of construction and demolition debris. (b) Where a construction and demolition debris recycling plan is required by this section, all activities pursuant to any permit issued pursuant to this Chapter 16 shall proceed in accordance with the construction and demolition debris recycling plan, and all such permits shall include compliance with the plan as a condition of approval. (c) All references in this section 16-72 to the Building Official shall include any person authorized by the Building Official to act on his or her behalf. Section 16-72.020 Review of Proposed Plan. (a) The Building Official shall review a proposed construction and demolition debris recycling plan to determine whether the plan meets the following criteria: (1) The plan identifies all recyclable construction or demolition debris anticipated to be produced by the project; and (2) The plan explains how the applicant will reasonably maximize the diversion of construction and demolition debris from disposal in a landfill; and (3) The plan identifies end uses of the construction and demolition debris that are consistent with the diversion goals of the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code ~ 40000 et seq.). (b) The Building Official may recommend modifications to the proposed plan in accordance with the criteria in subsection (a), and the applicant may modify the proposed plan in accordance with the recommendations of the Public Works Director and the criteria in subsection (a). (c) If the Building Official determines that the proposed plan satisfies the criteria in subsection (a), the Building Official shall approve the plan. Section 16-72.030 Implementation of Plan. The permittee shall maintain records, including copies of weight tickets and receipts, of the following: (a) The volume or weight and the processing location of each type of construction and demolition debris that is recycled; and (b) The volume or weight and the disposal location of all construction and demolition debris that is disposed. Section 16-72.040 Documentation of Compliance with Plan. (a) Within 10 days of the completion of a project subject to Section 16-72.010, the permittee shall submit a compliance report. The compliance report shall state the volume or weight and the processing location of each type of construction and demolition debris that was recycled and the volume or weight and the disposal location of all construction and demolition debris that was disposed. The compliance report shall include copies of weight tickets, receipts, and other records compiled in accordance with Section 16- 72.030. (b) The Building Official shall compare the compliance report to the plan and shall state whether the compliance report is consistent with the plan. Section 16-72.050 Form for Proposed Plan. (a) The Building Official shall prepare the following: (i) a form identifying the information that must be provided regarding a proposed construction and demolition debris recycling plan; and (ii) a guide identifying facilities available to assist in implementing a construction and demolition debris recycling plan. (b) The Building Official shall provide a copy of the form and a copy of the guide to any person promptly upon request. Section 3. Effective Date. This ordinance shall take effect thirty days after the date of its adoption. Section 4. CEQA Compliance. The City Council finds and determines that the enactment of this ordinance is not a "project" as that term is used in the California Environmental Quality Act ("CEQA") (Cal. Pub. - Res. Code ' 21000 et seq.) or the State CEQA Guidelines (Cal. Code of Regs., Title 14, ' 15000 et seq.). Therefore, no environmental assessment is required or necessary. Section 5. Severance Clause. 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 of this ordinance inespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 6. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the day of , 2002, and was adopted by the following vote following a second reading on the day of , 2002: AYES: NOES: ABSENT: NICK STREIT MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: l ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~'^~ ~~"1 PREPARED BY: Lorie Tinfow DEPT HE ~~ ~1 '~~` SUBJECT: Saratoga Library Room-Naming Policy RECOMMENDED ACTION(S): Review draft policy, give staff direction on changes and/or adopt draft policy. REPORT SUMMARX: In April, Council asked staff to draft aroom-naming policy for donations of $200,000 or more to the library. A draft is attached for your review. The Friends of the Saratoga Libraries' fundraising campaign is progressing well. They aze on target to raise the funds needed for the library furniture and materials. The campaign includes opportunities for donations of up to $100,000. FISCAL IMPACTS: Fiscal impacts are unclear at this time. The opportunity for a significant contribution to the library exists but to date no such donor has been identified. By having no room-naming opportunity, the City could lose out on funds that could either be added to the fundraising already underway or pay for enhancements not in the current budget. By having such a policy, there is no certainty that a donor would be identified. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No recommended action. ALTERNATIVE ACTION(S): ^ Adopt a policy of no room-naming options. ^ Adopt a revised policy. • FOLLOW UP ACTION(S): Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Draft room-naming policy for large library donations. ~~ 2of3 i City Council The City of Saratoga Library Room Naming Policy DRAFT The City Council of the City of Saratoga has the sole responsibility for naming or renaming library facilities. The purpose of this policy is to enable the City Council to recognize the generosity of an individual(s) and/or corporation(s), foundation and/or other donor(s) at any time by choosing to create a specific naming designation for a library facility. I. Naming Library Rooms or Areas Meeting rooms, reading lounges, special use areas, collections, patios, and other interior and exterior spaces and facilities associated with the newly expanded and renovated Saratoga Library may be named or renamed by the City Council. In addition, the Council has set a minimum donation of $200,000 in order to consider a naming proposal. II. .Donor Recognition Following Council approval of a selected name, the City will install appropriate signage to recognize and cite the donor's significant role in expanding the scope of library services. III. Payment and Condition The City Manager will be responsible for creating a written agreement for each donor that will be jointly signed by the donor and the City Manager. The agreement will contain conditions, terms and a payment schedule for the contribution. N. Condition of Acceptance While the Council is grateful for and encourages donations from all individuals, businesses and organizations, the Council has the right to reject any naming proposal. 3 of 3 t °~ 1.. J SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEPT.: Communitv Development CITY MANAGER: PREPARED BY: Lata Vasudevan DEPT. HEAD: /,~ /~ SUBJECT: City of Saratoga Interim CDBG Funding Program Guidelines for Septic Abatement RECOMMENDATION: That the City Council approve the attached resolution and the Interim Community Development Block Grant [CDBG] Funding Program Guidelines for Septic Abatement. DISCUSSION: In an effort to improve underground and creek water quality in the region, the Saratoga City Council adopted a septic abatement ordinance that applies to all properties within the City. The ordinance requires abandonment of septic systems and connection to the public sanitary sewer system when a public sewer line is available within 200 feet of a property line. Pursuant to the ordinance, owners of properties that meet certain criteria may obtain a maximum five yeaz extension to comply with the requirements of the ordinance. Property owners facing financial hardships have two options. Pursuant to Municipal Code Section 7-10.080(d), the City Council may further extend the five year time period granted to property owners upon a detemunarion of financial hardship. The other option is that qualifying property owners may apply for grants from the CDBG program to cover the cost of septic abatement and sewer connection. In September 2001, the City Council appointed aSub-committee comprising of Council members Evan Baker and Ann Waltonsmith to review all applications from property owners requesting CDBG funds or an extension of the five year period due to financial hazdship. The purpose of this Staff report is to adopt guidelines for determining applicant eligibility for receiving CDBG funds to cover the cost of septic abatement. These guidelines are shown in Exhibit A of the resolution attached to this Staff report. Staff referred to the City of Campbell's housing rehabilitation loan program guidelines to assist in developing the criteria shown in Exhibit A. The evaluation of household income as well as the `Substantial Resources' eligibility shown in Exhibit A are the same criteria adopted by the City of Campbell. The income limits for low income households are based on current Department of Housing and Urban Development's [HUD] Income Guidelines for Santa Claza County jurisdictions. \J '> The attached Exhibit A is an interim document based on the City of Campbell's guidelines. Staff will work with the Council Sub-commnittee to determine if revisions aze appropriate to reflect circumstances in Saratoga. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Council Sub-committee will not have a formal basis for evaluating applications from property owners who are requesting CDBG funds to cover the cost of septic abatement. ALTERNATIVE ACTION(S): Modify and then adopt the program guidelines shown in Exhibit A FOLLOW UP ACTION(S): Staff will work with the Council sub-committee in developing a final version of the guidelines. This final version will be presented to the City Council for review and approval. ATTACHMENTS: 1. Resolution 2. City of Saratoga CDBG Funding Program Guidelines for Septic Abatement (Exhibit A) Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING INTERIM CDBG FUNDING PROGRAM GUIDELINES FOR SEPTIC ABATEMENT WHEREAS, the Saratoga City Council has adopted a septic tank abatement ordinance that applies to all properties within the City; and WHEREAS, the City Council has allocated Community Development Block Grant funds to assist qualifying property owners who would otherwise be unable to comply with the ordinance requirements due to financial hardship; and WHEREAS, the City Council has appointed two Council members to participate in a Sub-committee to review all applications for septic abatement hazdship requests. NOW, THEREFORE, be it resolved that the City Council of the City of Sazatoga hereby adopts Interim CDBG Funding Program Guidelines for Septic Abatement as depicted in the attached Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga this 7th day of August 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk r' Exhibit A CITY OF SARATOGA CDBG FUNDING PROGRAM GUIDELINES FOR SEPTIC ABATEMENT SPONSOR Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: Lata Vasudevan - 868-1235 PURPOSE To provide grants to eligible low income homeowners in the City of Saratoga who are required to connect to the public sanitary sewer facility pursuant to Section 7-10.080 of the City of Saratoga Municipal Code. GRANT LIMITS The maximum grant amount is based on the costs associated with septic abatement including connection to the sanitary sewer system, sanitation permit fees, construction cost and building permit fees. The applicant shall be responsible for submitting to City Staff, three bids from qualified contractors to do the connection work. 1~ PROPERTY ELIGILIBTTY REQUIREMENTS 1. The property must be located within the boundaries of the City of Saratoga and shall be owner occupied. 2. There shall be proof that the Health Officer of the City of Saratoga has made the determination that an connection to an approved public sanitary sewer is required. APPLICANT ELIG7LIBITY REQUIREMENTS 1. Annual household income shall be less than the current HUD Program Income Limits for low income households, and shall be based on the 12 month period prior to the application date. To be eligible, household income, as defined in 24 CFR 5.609, shall be less than the following for each household size (HUD Income Guidelines for Santa Clara County jurisdictions effective 01/30/02 and subject to change): 1 Person Household $51,950 2 Person Household $59,400 3 Person Household $66,800 4 Person Household $74,250 5 Person Household $80,200 6 Person Household $86,200 7 Person Household $92,050 8 Person Household $98,000 ' 2. SUBSTANTIAL RESOURCES - If an applicant s current assets plus fixed assets (excluding two vehicles, the subject property and its furnishings and fixtures) total in excess of $50,000 that applicant is determined to have substantial* resources and does not qualify for a grant to connect to the public sanitary sewer facility. *Substantial assets include rental property and sources of income such as the interest and dividends from IKA's, stocks, bonds, mutual funds not necessarily reported on an income tax form. Additional sources of income not included in substantial assets are pre-tax payroll deductions, such as deferred comp, 401K, health or dependent care. If substantial sources of income can be converted easily into cash without a penalty, and equals over $50,000, the applicant does not qualify for a grant. GRANT APPLICATION REVIEW 1. ASub-committee composed of two City Council members shall review all applications. 2. The application evaluation shall include a review of employmenUincome verification, mortgage verification, credit history, savings/checking deposit verification, and review of current and fixed assets. 3. Applications that do not satisfy the eligibility criteria set forth herein shall be denied. 4. For applications that satisfy the eligibility criteria, the Sub-committee shall recommend to the City Council the grant amount (if any) to be awarded based on the three contractor estimates, but shall not select the contractor. 5. If a Grant is awarded by the City Council, Grant payments shall be made directly by the City to the performing contractor chosen by the applicant. The Grant amount to cover the cost of the sanitation and building permits shall also be paid directly by the City to the appropriate agencies. i r"'1, -..J SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM t ~~ MEETING DATE: August 7, 2002 CITY MANAGER: O~L-~-~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Land Use Designations at Mountain Winery Property RECOMMENDED ACTION: Accept report and provide direction to staff: REPORT SUMMARY: At its June 19, 2002 meeting the City Council requested a report on the land use designations applicable to the Mountain Winery property and the scope of the City Council's discretion to amend those land use designations. The Council also requested a report on the status of any annexation applications filed by the Mountain Winery. The Mountain Winery property is subject to several land use designations. The portion of the property within the City limits is designated in the General Plan as Hillside Conservation Single Family (RHC) and is zoned Hillside Conservation. The portion of the property outside City limits is regulated by Santa Clara County. The Santa Clara County General Plan designation for the portion of the Mountain Winery property outside City limits is Hillsides (H). The City has prezoned a portion of the Mountain Winery property outside the city limits as Residential Open Space (R-OS). This zoning would take effect if the property were annexed to the City. The General Plan does not apply any land use designations to the portion of the property outside the City but states that Residential Open Space zoning should be applied to any lands included in an expanded Sphere of Influence. Any change to the General Plan's RHC designation for the portion of the property within the City limits would require voter approval pursuant to Measure G unless the redesignation was subject to one of the exceptions to Measure G's voter approval requirement. The City Council has broader discretion with respect to establishing a General Plan designation for the lands outside the City limits as those lands are not subject to Measure G. Any designations for lands outside the City limits, however, t would not apply to that portion of the properly and could not be used to regulate land uses on that portion of the property unless that portion of the property was annexed to the City. The Community Development Director has been in contact with the property owner and has been informed that no annexation applications have been filed for any portion of the Mountain Winery property. DISCUSSION Cities are authorized to regulate land uses within their municipal boundaries. This is accomplished through the city's general plan and zoning ordinance. Although cities are not authorized to regulate land uses outside their boundaries, they are encouraged to plan for land uses outside their boundaries. (Zoning for lands outside a city's boundaries is called "prezoning.") These plans often become the basis for regulations when property is brought within the city limits by annexation. Land use on lands outside city boundaries is regulated by the applicable county general plan and zoning ordinance. City plans and zoning designations for lands outside city boundaries may have some influence on the land use decisions made by the adjoining county if the county seeks to harmonize county land uses with adjoining city land uses but this is not required by state law. The remainder of this report discusses the land use regulations applicable to the Mountain Winery property, the City Council's discretion with respect to those regulations, and the status of annexation proposals regarding the property. Avplicable Land Use Regulations The Mountain Winery property lies partially within the City of Sazatoga and the remainder lies in unincorporated Santa Clara County. The property can be divided into three subazeas for the purpose of understanding the applicable land use regulations. Subarea 1 is roughly the eastern 15% of the properly and lies entirely within the City of Saratoga. Subarea 2 is outside the City limits but within the City's Sphere of Influence ("SOI"); this is roughly 35% of the property. The remainder of the property, Subazea 3, lies outside the City limits and outside the SOI. Exhibit A to this staff report is a map showing the three subareas. The primary General Plan land use policies applicable in each of these areas are discussed below. Of course, additional General Plan policies will apply depending on the conditions at the site and the nature of the specific project proposed. Land uses in Subazea 1 are governed entirely by the City of Saratoga. This land is designated as Hillside Conservation Single Family (RHC) in the Saratoga General Plan and iszoned as Hillside Conservation (HC). This portion of the property is also located 2 within the Hillside Specific Plan Area fast designated by the Northwestern Hillside Specific Plan adopted in 1981 pursuant to the voters' direction in 1980's Measure A. Lands designated as RHC may have (i) a maximum density of 0.5 dwelling units per net acre and (ii) a maximum intensity of building and impervious surface coverage of 15,000 square feet or 25% of site area, whichever is less. The Hillside Specific Plan directs that land uses should be limited generally to agricultural and residential uses designed to protect sensitive hillside resources such as riparian habitats, unstable slopes, low ambient noise levels, and scenic qualities. Land use in Subarea 2 is governed entirely by the Santa Clara County General Plan and zoning ordinance. Subarea 2 is also within the City's sphere of influence. The City's General Plan does not establish any land use designations for the land in Subarea 2. The land is prezoned, however, as Residential Open Space (R-OS). The R-OS zone allows low density residential uses and agricultural uses. The Santa Clara County General Plan designates the lands in Subarea 2 as Hillsides (H). Permitted uses on lands designated as "Hillsides" include agriculture, low-density recreational uses and facilities, very low density residential development, and commercial, industrial, or institutional uses that require remote, rural settings or which support the recreational or productive use, study, or appreciation of the natural environment. The General Plan states that these uses must be consistent with the basic intent of the Hillside designation which is to preserve . hillside lands "largely in natural resource-related and open space uses in order to: a. support and enhance rural character; b. protect and promote wise management of natural resources; c. avoid risks associated with the natural hazards characteristic of those areas; and d. protect the quality of reservoir watersheds critical to the region's water supply." (Santa Clara County General Plan, p. Q-3.) The full text of the General Plan's description of permitted land uses in the Hillsides area is attached. Subarea 3, like Subarea 2, is governed entirely by the Santa Clara County General Plan and zoning ordinance. It also has the same County land use and zoning designations as Subarea 2. Subarea 3 lies beyond the City's SOI and is not subject to any City prezoning. The City's General Plan, however, provides that the R-OS zoning district should be applied to any lands that may be brought within the City's SOI in the future. Scope of City Council Discretion 3 L Although no application has been submitted, there has been discussion for several years of the possibility that the Mountain Winery property could be annexed to the City. In the absence of annexation, land uses on Subareas 2 and 3 would be governed by the County. The Cortese-Knox-Hertzberg Act governs the annexation process and requires a city to prezone land before the land is annexed by the city. The Local Agency Formation Commission decision regarding an annexation proposal must be based upon the general plan and prezoning of the City. (Gov't Code sec. 56375.) In light of the Cortese-Knox-Hertzberg requirements, the City would be required at a minimum to adopt prezoning for Subazea 3 and to adopt General Plan designations for Subarea 2 and Subarea 3 before applying for LAFCO approval. In addition, if the uses contemplated for Subazeas 1 and 2 differed from those permitted by the General Plan, zoning, or prezoning, then amendments to the General Plan and zoning ordinance would be required if the City wished to accommodate those uses. The City Council's discretion in considering general plan and zoning ordinance amendments is broad except where restricted by the voter approval requirements of Measure G, adopted by the voters in 1996. Measure G reaffirmed and readopted the General Plan's residential and open space land use designations. State law provides that measures adopted by initiative maybe changed only by a subsequent vote of the people unless the initiative provides otherwise. Measure G requires voter approval for changes to residential land use designations through 2025 except where necessary to avoid a taking or to ensure that the City can satisfy state housing law requirements. Accordingly, voter approval would be required if the City wished to change the RHC designation applicable to Subarea 1. Because there are no General Plan residential or open space land use designations applicable to Subareas 2 and 3 there would be no Measure G voter approval required to adopt General Plan land use designations for those lands. The Open Space Element requires R-OS prezoning for lands outside the City's SOI. In order to satisfy this policy objective the General Plan, land use designations would need to generally conform to the uses permitted by R-OS. If the City wished to consider different uses it would need to amend the Open Space Element to remove the requirement for R-OS prezoning. Such an amendment lies fully within the Council's discretion and would not be subject to voter approval under Measure G. Of course the City would have to ensure that the General Plan amendments are consistent with the remainder of the General Plan and would need to prepare an appropriate environmental review document in accordance with the California Environmental Quality Act (CEQA). 4 r Status of Annexation Applications The Community Development Director has contacted the owner of the Mountain Winery property and has been informed that there aze no annexation applications pending for the property at this time. The City would be notified and given an opportunity to comment by LAFCO and by the district considering an annexation application during the annexation proceedings. ALTERNATIVES: Not applicable. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Not applicable. ATTACHMENTS: Map showing Subareas 1, 2, and 3. • • 5 O C W m F- zO Q U W W av ~--~ \ r x F z y d N r v, u u J u Land Use Policies Description and Intent R-L U 16 Hillsides: Mountainous lands and foothills unsuitable and/or unplanned for annexation and urban development. Lands so designated shall be preserved lazgely in natural resource- related and open space uses in order to: a. support and enhance rural character; b. protect and promote wise management of natural resources; c. avoid risks associated with the natural hazazds characteristic of those azeas; and d. protect the quality of reservoir watersheds critical to the region's water supply. R-LU 17 These lands also contain such important re- sources as grazing lands, mineral deposits, forests, wildlife habitat, rare or locally unique plant and animal communities, historic and azcheological sites, and recreational and scenic azeas of regional importance, which serve to define the setting for the urbanized portions of Santa Claza County. Given the importance of these lands to the count}~s overall quality of life, allowable uses shall be consistent with the conservation and wise use of these resources and levels of development shall be limited to avoid increased demand for public services and facilities. Allowable Uses R-LU 18 All allowable uses must be consistent with the basic intent of the 'Hillside' designation. The range of allowable uses shall be limited to: a. agriculture and grazing; b. mineral extraction; c. pazks and lowdensity recreational uses and facilities; d. land in its natural state; e. wildlife refuges; f. very low density residential development; and Rural Unintorgarafed Area Issues and Policies .~H A~ R~ g. commercial, industrial, or institutional uses, which by their nature 1) require remote, rural settings; or 2) which support the recreational or productive use, study or appreciation of the natural environment. Development Policies -Residential Density R-LU 19 The standazd allowable density of residential development shall be that of one dwelling unit per 160 acres, unless the development is pro- posed as a "cluster development" If develop- ment is proposed as a residential cluster, the allowable density shall be as determined by the "20-160 acre variable slopedensity formula." Residential development proposals must be designed as a cluster in order to utilize the 20- 160 acre variable slope- density formula. (see illustration of 20-160 slopedensity formula) a. If the average slope of the parcel is 10% or less, the average azea per dwelling unit shall be 20 acres. b. If the average slope of the pazcel is 50% or above, the average area per dwelling unit shall be 160 acres. Cluster Residential Development - Requirementsfor Developed Area and Mandatory Open space Dedication R-LU20 Proposed cluster residential developments shall adhere to the following: 1. Developed Area: the building envelopes for all residences and the locations of all other pemutted uses proposed as accessory structures shall be specified in the design, the combined area of which shall not exceed 10% of the gross acreage of the site: a. if the properly is under Land Conserva- tion (Williamson Act) contract, the contract must be canceled or modified to exclude the portion of the site that is to be developed; b. no individual pazcel created for residen- tial development shall be less than 2 acres in size; (cont'd.) B-3 A ~R Land Use Policies Rural Unincorporated Area Issues and Policies 20 -160 Acre "Slope-Density" Formula d 0 100 m o_ m U ~ 60 E c 10 1so 1ao 1zo 60 40 20 10 20 30 40 50 Average Slope of Parcel (in %) ff average Average area per parcel slope is: is approximately: 10% or less 20 ac. 15% 22 ac. 20% 26 ac. 25% 30 ac. 30% 36 ac. K average Average area per parcel slope is: is approximately: 35% 44 ac. 40% 58 ac. 45% 85 ac. So%+ 160 ac. A-4 ti • Land Use Policies A ~H Rural CInincorporated Area Issues and Polities ~ R 2. Open Space: it is mandatory that no less 3. The locations of roads, building sites, septic than 90% of the land area shall be preserved system leach fields, or other major features permaziently as open space through dedica- of development must be accurately idenfi- tion of an open space or conservation fled on the proposed subdivision map, and easement precluding any future develop- they shall: ment: a. avoid areas of natural hazards and a. those portions of the land permanently avoid adverse impacts upon natural preserved as open space shall be and heritage resources. configured as large, contiguous and b. be required to mitigate or reduce usable areas; potentially significant adverse environ- b. the open space maybe dedicated mental impacts to an insignificant level, through easements over portions of pazticulazly regazding water quality, individually-owned pazcels or may be through such means as adequate configured as sepazate pazcels owned in setbacks from water resources, avoid- common or individually; ance of areas with high percolation c. the open space azea shall be privately rates and/or high ground water tables. controlled and not accessible to the 4. Building sites and access roads should be public unless the azea is deeded to a located such that aeeas of the site which public agency or entity willing to pose a significant hazard, such as landslides, undertake responsibilities of owner- very steep slopes, fault traces, or floodways, ship, maintenance, and public access aze placed within the portion of the site that [designated trail corridors may traverse is dedicated as pe***+anent open space. such aeeas if proposed as part of the 5. Roads, building sites, and other facilities Regional Pazks, Trails, and Scenic shall not be allowed to create major, lasting Highways Plan]; and visible scars on the landscape. d. land uses allowed within the azea 6. Structures on or neaz ridgelines shall be dedicated as permanent open space located, constructed, and/or landscaped so shall be limited to agricultural or other that they do not ¢eate a significant adverse limited resource-related uses, and to visual impact as seen from the Valley floor. non-commercial recreational facilities of an ancillary nature to the cluster Residential Development Policies -One residential development and for use by Time 2-Lot Subdivisions residents only. R-LU 22 Design Principles for Cluster Residential Two Lot Subdivisions: For any two-lot subdivi- Subdivision Proposals Sion of land, the average azea per dwelling unit shall be as deternvned by the variable slope- R-LiI21 density formula, and neither a cluster permit nor Design of the duster development shall incorpo- dedication of permanent open space shall be rate the following basic principles: required, provided that: 1. Site layout shall demonstrate effidency in a. the pazcel in question was not itself created the location and length of roadways, drive- after 1980; and ways, and other basic infrastructure im- b. any subsequent subdivision of the two lots provements or extensions. so created shall adhere fully to the density 2. Roads shall be of adequate design, capadty, and development requirements of the and construction to accommodate traffic General Plan and all applicable County assodated with the development safely, ordinances. efficiently, and with minimal long term maintenance needs. 6Z-5 s ~~H A R~ i Land Use Policies Rural Unincorporated Area Issues and policies Development Policies -Los Gatos Watershed R-LU 23 Los Gatos Watershed: Significant portions of the area within the Los Gatos (Lexington Reservoir) Watershed aze divided into patterns of small, non-conforming pazcels. 1. These lands aze not and shall not be desig- nated "Rural Residential" or other similaz designation of increased density, on account of the multitude of existing, severely sub- standard development conditions and the prevalence of many unresolvable develop- ment constraints. 2. All portions of the Los Gatos Watershed shall be designated 'Hillsides' and develop- ment on existing parcels shall be required to meet the standazds and policies of the County General Plan and the provisions of applicable County ordinances. 3. Further policy guidance is provided by means of the Los Gatos Watershed Land Use Policies (see Spedal Areas Policies section). Development Policies -Steep Slope Areas R-LU 24 New development, whether through subdivi- sion or on existing, legal pazcels ("single-site development") shall not be allowed on building suns in excess of 30% average slope unless: a. the proposed site is a more feasible, suitable location for development than alternative locations on the pazcel proposed for devel- opment; and b. teduical feasibility and environmental impact have been assessed and demon- strated through required studies, tests, and analyses of site conditions and characteris- tics. Development Policies -Non-Residential Development Densities R-L U 25 Non-residential land uses allowed in 'Hillsides' areas shall be of a generally low density or low intensity nature, depending on the use, as is consistent with the basic intent of the Hillsides designation to preserve the resources and rural character of the land. Non-residential uses shall: a. avoid or **+ini**+i>e any potentially signifi- cant adverse environmental impacts; b. provide adequate access to safely accommo- datepotential traffic without significantly impacting local transportation routes; c. demonstrate no significantly increased risks associated with natural hazards; d: not create adverse visual impacts as viewed from the Valley floor or from adjacent public recreational aeeas; and e. cause no significant increase in the demand for public services or infrastructure, includ- ing potential impacts on school districts. R-LU 26 For recreational, commercal, or other uses which permit or involve overnight accommoda- tions for temporary guests, allowable densities and the design of development shall also adhere to the following principles: a. proposed densities must be consistent with the scale of the allowed recreational or commercial use, if applicable; b: design and appearance shall blend harmoni- ouslywith the natural setting; and c. development shall be located, and if pos- sible, clustered within the minimum azea necessary to accommodate it, in order to avoid or reduce the need for improvements and minimi~P any potential environmental impacts. -~.J A-6 l_..I R-L U 27 Land uses proposed for inclusion within the Hillside zoning ordinance may be evaluated for conformity with the intent of this land use designation by various measures of land use intensity, including but not limited to: a. waste water generation rates; b. traffic generation rates; c. extent of grading, vegetation removal, drainage modifications, or other alteration of the natural environment; d. noise or other nuisance potential; and e. growth-inducing potential. Development Policies -Non-Residential Open Space Preservation R-LU 28 For all uses allowed in Hillsides areas other than agricultural and single-family residential land uses, open space preservation by means of easement dedication may be required in order to: a. protect the public health; safety and general welfare; b. prevent or mitigate potentially significant adverse environmental impacts; and/or c. to ¢eate perimeter azeas that adequately buffer neighboring properties from adverse off-site impacts of the proposed land use. R-LU29 The nature and duration of an open space or conservation easement shall be commensurate with: a. the nature of the land use; b. the duration to which that use has been entitled through County Permitting proce- dures; and c. the extent of alterations made to the natural landscape. R-LU 30 Land uses which do not receive a permanent entitlement should not be required to dedicate open space or conservation easements of pemrna- nentnature, unless required as a mitigation for alterations made to the natural landscape. Land Use Policies A ~H` Rural Unincorporated Area Issues and Policies ~ R Development Policies - RV Parks R-LU31 Recreational vehicle (RV) parks shall primarily serve the needs of the traveling public for short term accommodations. (a) At least sixty-five (65%) percent of all spaces within an RV park shall be designed for and designated as short-term occupancy spaces (i.e., fewer than 30 days); (b) Twenty-five (25) percent of the total number of spaces may accommodate stays of up to one-hundred eighty (180) days; (c) Ten (10) percerit of the total number of pazk spaces may accommodate stays of up to three-hundred sixty (360) days. [Amended Dec 5,1995, File #:6010-00-00-95GP; and August 5,1997, File #6010-00-00-96GP] Policy R-LU 32 deleted. See NOTE below. R-LU33 Recreational vehicle pazk development should conform to the adopted policies, ordinances and design guidelines of the County of Santa Clara. NOTE: Policies R-LU 32 and 34 were deleted by an amendment to the General Plan adopted Dec. 5,1995; File #: 6010-00-00-95GP] .,F...~ri~»» 61-7 A R, -Land Use Policies Rural Unincorporated Area Issues and Policies Description and Intent R-LU 35 Ranchlands: Lands predominantly used as ranches in rural unincorporated areas of the county, remote from urbanized aeeas and generally less accessible than other mountain lands. Important resources include reservoir watersheds for regional water supply, grazing lands, mineral resources, forests and wildlife habitat, raze or locally unique plant and animal communities, historic and azcheological sites, and recreational and scenic aeeas of importance that also serve to define the setting for the urban azeas. R-LU 36 The general intent of the Ranchlands designa- tion is to maintain the existing conditions of very low intensity uses, rural lifestyle, and limited public access. Development policies shall protect and enhance the continued use of the land for ranching. R-LU 37 Population shall be held to a minimum, and land uses shall be of a nature and intensity which do not require higher levels of public services than those presently provided. R-LU 38 Subdivision and parcel creation data, including the issuance of certificates of compliance, shall be collected and monitored. If subdivision activity reaches the thresholds established by the policies of the General Plan, Randilands policies shall be evaluated for possible revision. Allowable Uses R-LU 39 The primary use shall be ranching. Other allowable uses shall be: a. agriculture;. b. low intensity re¢eational uses; c mineral extraction; d. land in its natural state; e. hunting; f. wildlife refuges; g. very low density residential development; and h. very low intensity commercial, industrial, or institutional uses, provided that they primarily support ranching activities or the enhancement, protection, study or apprecia- tion of the natural resources of the area. Development Policies -General Principles for Ranchlands Areas R-LU 40 General principles governing development and land division in Ranchlands areas shall be as follows: 1. No lazge ranches shall be allowed to fully divide into small pazcels. 2. The function of allowed subdivisions shall be for the following, provided that very little population is added to Ranchlands aeeas: a. help ranchers trade land; b. raise capital in times of need; c. help settle estates; and d. provide for family divisions. 3. The right of ranchers to build residences and to divide "Williamson Act" property under the terms of existing Land Conservation contracts is affirmed.. 4. There shall be a limit to the number of pazcels created within the Ranchlands area. 5. The rural character of the azea shall not be changed, and land use decisions shall prevent an influx of people into the Ranch- lands azea. Q-8 Celebrate Saratoga -Cost Analysis & Options SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEPT.: Citv Manager's Office CITY MANAGER: cO---~~~-+G~ PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT. HEAD: SUBJECT: Celebrate Saratoga Cost Analysis ACTION (S) 1. Accept report and direct staff accordingly REPORT SUMMARY: At the City Council's request staff was directed to present all city costs and services associated with sponsoring Celebrate Saratoga, and provide City Council with various options to potentially lower expenses associated with in-kind services. The City has a history of supporting Celebrate Saratoga dating back to the event's creation in 1989. Celebrate Saratoga was created not only as a community event, but a business promotion tool to draw customers down to Big Basin Way after road closures associated with Caltrans water line improvements in 1989. Today Celebrate Saratoga serves as a business promotion tool for our local businesses and restaurants, and exposes approximately 30,000 people to downtown merchants. FISCAL IMPACTS: Funding for Celebrate Saratoga has varied during the years. At the time of the event's creation, the City of Saratoga provided $7000 in seed money. As the years progressed the City has discontinued the monetary support, and instead offered in-kind services to the Saratoga Chamber Commerce in support of Celebrate Saratoga. The following is a break down of the City of Saratoga in-kind services. Celebrate Saratoga -Cost Analysis & Options City of Saratoga In-kind Services 2002 Permit Special Event Fee (Waived): $200 Caltrans Encroachment Fee Waived N/A Liability Insurance ABAG: No fee associated Postage for Resident Notification of Street Closures: $278 Staff & Materials: Signs & Barricades Rentals: $2,500 Staffing/Overtime: $10,000 - Auaust/Event Preparation o Barricade & sign 3-day rentals (300 - No Parking Only) o Scheduling street sweeping o Coordinate staff time to check and evaluate condition of City signs (detour, etc.) o Creating no-parking signs - Tota[ Staff Time I6 Hours -Rick Torres - September Event Preparation 0 72-hour posting of parking signs & barricade set-up • 6 Staff members @ 8 hours each o Friday before event set-up of 100 additional barricades • 4 Staff members @ 4 hours each - Total Staff Time I2 Hours per staff member - Celebrate Saratoga -Event Day 0 8 Staff members hours 11:00 a.m. - 2:30 a.m. 0 11 a.m. -3 p.m. Placing pre-positioned barricades • 6 Staff members @ 2 hours each 0 11 a.m. - 3 p.m. Placing traffic control signs for detouring • 2 Staff members @ 2 hours each 0 4 p.m. Traffic Control -Street Closures • 2 Staff members @ 6`° Street • 3 Staff members @ Blaney Plaza • 3 Staff members closing various side streets 0 4-5 p.m. Staff assume traffic control duties until sheriffs arrive (gap in coverage) • 8 Staff members @ 1 hour each 0 5:30 p.m. - 11 p.m. On-site event staff duties • 8 Staff members monitoring side streets and monitoring traffic controls stay in place 0 10:30 p.m. - 11 p.m. Event break down • 8 Staff members removing internal barricades & blowing debris off sidewalk into street for street sweeper clean-up 0 11:30 p.m. Street Sweeping - 2 hours - ($500) 0 11:30 - 2:30 a.m. ^ 8 Staff members emptying city trash containers, removing remaining traffic control barricades, and reopening the street - Total Sta Time I5+ lus hours er sta member Total Cost of In-Kind Services: $12,978 L.....J Celebrate Saratoga -Cost Analysis & Options IN-HIND SERVICES OPTIONS Option 1 - No change of in-kind support - City in-kind services remain the same--no change in current support. - Chamber responsibilities remain the same--no change in current efforts. Total city contribution of in-kind services: $12,978 Option 2 -Reduced in-kind support - City in-kind services reduced for Celebrate Saratoga 0 6 Staff members o Permitting process o Liability insurance o Additional street sweeping services o Emergency on-call services o Posting and removal of no parking signs - Chamber responsible for permit fees and notification costs o Emptying the City trash containers on-street and in pazking lots during and at the event's closing -City to provide Saratoga Chamber of Commerce with extra liners. ()1 City staff member o Officers hired by the Chamber to provide to set-up and remove barricades for street closures. ()1 City staff member Total city contribution of in-kind services: $9,578 Option 3 -Outsourcing various city in-kind services to lower staff overtime costs - City in-kind services limited to: o Contracting with a traffic control company for set-up and removal of barricades and street closure signs o Permitting process o Liability insurance o Additional street sweeping services o Emergency on-call services - Chamber responsible for: o Emptying the City trash containers on-street and in parking lots during and at the event's closing -City to provide Saratoga Chamber of Commerce with extra liners. (-)1 City staff member o Officers hired by the Chamber to provide to set-up and remove barricades for street closures. (-) I City staff member Cost estimates requested from vendors will be provided at Council meeting. Celebrate Saratoga - Cost Anaiysis & Options CONSEQUENCES OF NOT ACTING: N/A ALTERNATIVES: N/A FOLLOW-UP ACTIONS: 1. Implement Council direction. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Nothing Additional. ATTACHMENTS: None. 4 l SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ` ~~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: 0~~~-.~---- PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT HEAD: SUBJECT: Village Parking Study Results RECOMMENDED ACTION(S): Direct staff to develop and implement parking management strategies for the Village. REPORT SUMMARY: A lack of adequate parking in the Village has long been a topic of discussion within the Village business community. Most recently, the Saratoga Business Development Committee raised the issue as part of economic development discussions. To determine whether the lack of adequate parking was a reality or a perception, staff hired Fehr & Peers Inc. to gather analytical data and draw conclusions about parking availability in the Village. Unfortunately last year, Fehr & Peers was unable to conduct the study until after the September 11"' attacks and those events most likely skewed the resulting data to some degree. Many businesses have reported some decrease in traffic and revenue since the event. Council directed staff to conduct an additional parking study in Summer 2002 to compare against last years results. (Summer 2002 Parking Study Attached) Study Conclusions. Hourly parking data for a typical weekend day (Saturday) and weekday (Wednesday) was gathered and analyzed. The report shows that adequate parking is available during businesses hours, with peak usage in most on street and public parking areas occurring between 6 p.m. - 9 p.m. on the weekdays and weekends. There is sufficient available public parking spaces to meet the needs of Village businesses except for peak evening hours. Saturday • Lots 1, 2 & 4 had the same occupancy patterns with occupied spaces increasing throughout the day and peaking in the evening hours. ^ Lot 3 is least utilized; there are spaces available all day ^ Lot 5 (Saratoga Village Center) peaked during the lunch hour and steadily decreased throughout the day. Wednesday • Lot l never fully utilized ^ Lots 3 & 5 experienced the majority of the demand in the midday hours between 11 a.m. - 2 p.m., but never fully utilized. • Lots 2 & 4 near capacity at the lunch hour and is fully utilized during the dinner hours ^ Lot 5 (Saratoga Village Center) was only fully utilized during the lunch hour. On-street parking spaces were never fully occupied in the Village area on a weekday or weekend day. The highest percentage of occupied spaces occutxed during the evening hours between 7:00 p.m. to 9:00 p.m. July 2002 Parking Study Results VS. September 2002 Parking Study Results -- Generally, the percentages did not vary. However, one exception was occupancy of the parking lots on Saturday. During the evening hours, the more recent counts were over twenty percent lower then the previous counts. It should be noted that the counts conducted in July 2002 included and additional lot with 42 spaces (Lot 5 -Sazatoga Village Center). Parking Management Options. The perception of inadequacy can be addressed with parking management strategies including improved signage to alert drivers of parking lots (especially Lot 3); incentives such as no time limit spaces in areas farther from destinations to encourage business owners and employees to park in less used spaces; better enforcement of time limits on the premium spaces nearest businesses; development of a parking brochure that highlights all pazking areas for distribution by businesses to their customers; broadcasting of parking information over the TIS radio system. FISCAL IMPACTS: Parking management strategies aze fairly low cost and could be covered by the Economic Development budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Parking would remain the same in the Village. ALTERNATIVE ACTION(S): Council could choose to investigate the construction of a parking garage to increase the total number of spaces available. A parking garage feasibility study could be commissioned either in place of or in addition to implementing the parking management strategies. The study cost would be approximately $25,000; no funding source currently exists. FOLLOW UP ACTION(S): Staff will work with the Sazatoga Business Development Committee to develop and implement parking management strategies. After implementation, staff will reassess the perception of parking congestion in the Village. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Parking study conducted by Fehr & Peers. L J FEHR Sz PEERS TRANSPORTATION CONSULTANTS - July 23, 2002 Ms. Lorie Tinfow City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: July 2002 Parking Surveys for Saratoga Village 70/5-4/3A Aeaz Ms. Tinfow: Fehr & Peers Associates, Inc. completed parking surveys in the Village area of Saratoga as requested by staff. The purpose of these surveys is to evaluate the pazking supply to determine if it is sufficient to accommodate the existing demand. This letter summarizes our findings. Parking Occupancy Surveys Parking occupancy surveys were conducted in the village area on Wednesday, July 17 and Saturday, July 20 to measure the actual parking demand of the existing land uses for a typical weekday and weekend day. The numbers of pazked vehicles were recorded once an hour between the hours of 9:00 am and 10:00 pm. On-street and off-street parking spaces included in the surveys aze shown on Figure 1. Results The proportion of spaces occupied were charted versus time and are presented on the attached graphs (Figures 2 through 4). The graphs illustrate the surplus spaces available at a given time that surveys were conducted. On-Street Pazkine The on-street parking surveys show that all the parking spaces were never fully occupied in the Village azea on a weekday or weekend day. The highest percentage of occupied spaces occurred during the evening hours between 7:00 pm and 9:00 pm. As would be expected of areas with retail and restaurant uses, the lunch hours between 11:00 am and -~- 255 N. Market Street, Suite 200 San Jose, CA 95110 (408) 278-1700 Fax (408) 278-1717 www.feh ran dpeers. com FEHR & PEER] • TRANSPORTATION CONSU RANTS Ms. Lorie Tinfow July 23, 2002 Page 2 2:00 pm also showed an increased occupancy compared to the morning and afternoon hours. Wednesday District Lot Occupancy In general, parking lots should provide a surplus of approximately 10 percent for vehicles to circulate and find an open space. During the weekday, Lot 1 never exceeded this threshold. Lots 3 and 5 experienced the majority of the demand in the midday hours between 11:00 am and 2:00 pm. Lot 5 exceeded the ninety percent occupancy threshold during the 1:00 pm hour with Lot 3 very neaz the threshold at the same time. Lots 2 and 4 were very neaz capacity at the lunch hour and at 100 percent capacity at the dinner hours (7:00 to 9:00 pm) during the weekday. Saturday District Lot Occunancv On Saturday, Lots 1, 2, and 4 generally showed the same occupancy pattern with occupied spaces increasing throughout the day and peaking in the evening hours. Lots 1 and 2 exceeded the design threshold (90 percent) during the afternoon (1:00 and 2:00 pm) and evening (8:00 and 10:00 pm) hours. Lot 4 was 100 percent occupied from 6:00 pm to 8:00 pm. Lot 3 was approximately twenty to forty percent occupied throughout Saturday. Lot 5 peaked at 1:00 pm and gradually decreased occupancy throughout the rest of the day. Comparison to September 2001 Data In a previous study, the same counts were conducted on September 19 and 22, 2001. Bar graphs comparing the differences between the dates aze also attached (see Figures 5 through 8). Generally, the percentages did not vary greatly. However, one exception was the occupancy of the parking lots on Saturday. During the evening hours, the more recent counts were over twenty percent lower then the previous counts. It should be noted that the counts conducted in July 2002 included an additional lot with 42 spaces (Saratoga Village Center). FEHR & PEERS TRANSPORTATION CONSUIiAN~ Ms. Lorie Tinfow July 23, 2002 Page 3 If you have any questions regazding our findings, please do not hesitate to call us. Sincerely, FEHR & PEERS ASSOCIATES, INC. IIl , 1.~ ~ C ~~ ~' D. Sohrab Rashid, P.E. 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A A~ W w~~ wW, W L }lw/r 5 _; ~~ C N O C A ~ v O = U ~ QO ~ V N a1 O A ~ ~ 7 Q. ~ N f 0 ~ N Y L L a ~ m ~/ w^ W N 0 og o a T c~ C o d o ~ io d °o ~ ici a oa ~ L v o a r~ o ~ N d O ~^ T LL 0 o~ N d T 0 rQ f I l Q I T G Q Q ~ Q 0 Q ~ 0 0 0 0 O O O O O O O O O O O O 07 d0 f~ CO ~ ~ M N r r ~ paidn~~p sa~eds ~o }ua~aad D r N O O Q A ~ ~ ^ ~ +.• L N V ~ ~ ~ ~ L ~ V ~ V LL ~ V Q Y a paidn~~p sa~edg ~o ~ua~aad 0 o~ o~ r o~ ai ~ °o~ ~ a O ~ O ~ ~ O ~ a O ~ ~ O ~ M O N ~ O ~ r o ~ N ~ o~ T Q 0 Q T CC Q C F 0 0 0 0 ~ ~ Q O ~ ~ ~ COO ~ dO' ~ N O O T - SARATOGA CITY COUNCIL MEETING DATE: August 7, 2002 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~/ PREPARED BY: ~ 15~ DEPT HEAD: ~M- ' SUBJECT: Sheriff Station Parking RECOMMENDED ACTION(S): Accept report and provide direction to staff. REPORT SUMMARY: The Sheriff's Office is losing its parking arrangement with the Federated Church in September. As a result, it is necessary to find additional or available parking spaces for Sheriff personnel to park their vehicles. The two main conditions, which must be met, are proximity and availability. In order to meet these conditions, logistically it is desirable for the parking to be in relative close ,proximity to the Sheriff Station and in sufficient number to meet the peak pazking need of approximately 30 vehicles. Fortunately, there are public parking azeas in the vicinity that can meet these conditions: 1) Existing Pazking Districts and Public Lots 2) Future public parking spaces and optimization of existing public parking lots. 1) Pazking Districts, in particular Parking District #3, hold the greatest potential to accommodate Sheriff Office parking demand. As shown in the Parking Study prepared by Fehr & Peers, dated July 23, 2002, peak demand for pazking occurs in Parking District Lots between the hours of 6-9 P.M. This coincides with the period of lower demand by the Sheriffs Office. The Sheriffs Office need for parking at this time of day is approximately 12-15 spaces. At 10:00 P.M. this demand is reduced to 6 spaces. Sheriff Office pazking demand peaks between 2:30 - 5:00 P.M. Monday, Wednesday, and Friday during swing shift overlap, which is the time when administration staff is still present. This peak time corresponds to the greatest demand of 30 spaces. During this time parking demand in the Parking District Lots vary between 60% and 80% of capacity. An additional resource is Neals Hollow where there are 18 public parking spaces available. 2) The creation of additional parking spaces and the optimization of existing public parking lots can also provide a resource for Sheriff's Office parking. There will be 10 public pazking spaces created when the New Fire Station is developed, and staff has determined that an additional 13 spaces can be created in Parking District #3 (see attached parking plan). In combination, the resources of the Parking Districts, the creation of new spaces, and the optimization of existing parking lots are able to meet the current pazking need of the Sheriff's Office for the near term. Permanent solutions beyond 3 - 5 years will need to be addressed in the future. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): If directed, increase parking Iot capacity of Parking District #3 by adding striping, and negotiating a parking agreement with the Sheriffs Office. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Pazking Optimization Plan. ~~ 2of2