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Home My WebLink About09-04-2002 City Council Agenda PacketM CITY OF SARATOGA CITY COUNCIL LAND USE AGENDA TUESDAY, SEPTEMBER 3, 2002 3;00 P.M. SITE VISITS WILL .BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR SEPTEMBER 4, 2002 ON SEPTEMBER 3, 2002 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Proposed Resolution Initiating the Ordinance to Designate Austin Way a Heritage Lane The City Council conducts site visits to properties which are new items on the City Council agenda. The site visits are held on Tuesday preceding the Wednesday hearing between 3 :00 p.m. - 5:00 p.m. Site visits only occur when there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. ~CgIVE COPY AGENDA REGULAR MEETING SARATOGA CITY COUNCIL SEPTEMBER 4, 2002 CLOSED SESSION- 4:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 4:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 4:30 P.M. Conference With Legal Counsel -Existing Litigation (4 cases): (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) 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. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Conference With Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CI3AMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL LJ f~ 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 30, 2002) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. 77ae law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communicatio»s 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. ANNOUNCEMENTS On September 14, 2002 Boy Scout Troop 566 of Saratoga will honor the advancement to Eagle Scout of Kinman Cheung, Kinhung Cheung, Brandon Katz, Darren Kwong, David Lamb, and Bradley Seago. CEREMONIAL ITEMS lA. Commendation -Saratoga High School Robotics Team Demonstration -Chris Yang, Robotics Team member Recommended action: Present commendation. 1B. Proclamation -September Recommended action: Read proclamation. SPECIAL PRESENTATIONS 11, 2002 "Days of Remembrance" 2A. Presentation -Dawn Cameron County Comprehensive Expressway Planning Study Recommended action: Informational only. 2 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of • the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A. Approve Council Meeting Minutes Regular Meeting -July 17, 2002 Recommended action: Approve minutes. 3B. Review of Check Register Recommended action: Approve check register. 3 C. Planning Action Minutes -August 28, 2002 Recommended action: Note and file. 3D. Resolution Amending the Conflict of Interest Code Recommended action: Adopt resolution. 3E. Final Acceptance of Subdivision Public Improvements Within Tracts 8876, 8896, & 9101 Recommended action: Grant final acceptance of the subdivision public improvements and adopt resolutions. 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 4 Proposed Resolution Initiating the Ordinance to Designate Austin Way a Heritage Lane Recommended action: Open public hearing; close public hearing; adopt resolution; place on next agenda as a public hearing. Construction and Demolition Debris Recycling Ordinance Recommended action: Open public hearing; close public hearing; place on next agenda for adoption. OLD BUSINESS 6. Blaney Plaza Improvements -Review of Conceptual Design Recommended action: Review Design Plans and direct staff on preferred location of Memorial Arch. NEW BUSINESS 7. Preschool Mural Recommended action: Accept report and direct staff accordingly. North Campus Fellowship Hall Improvements Recommended action: Accept report and direct staff accordingly. 9. Consider Requests to Join Friend of the Court Briefs in (1) Topsail Court Homeowners Association v. Soquel Creek Water District, (2) Eastburn v. Regional Fire Protection Authority, (3) Border Business Park v. City of San Diego, (4) Chevron U.SA. v. Cayetano, (5) Kahn v. East Side Union High School District, (6) Richmond v. Shasta Community Services District and (7) Southern California Gas Company v. City of Santa Ana. Recommended action: Authorize the City of Sazatoga to join the friend of the court briefs being prepared in the above-named cases. 10. Saratoga Library Project Phase II -Specialized Inspection Services Contract Recommended action: Amend the existing contract with Consolidated Engineering Laboratories for additional services. 1 I . Benches and Trash Receptacles for Sazatoga Library Project Recommended action: Accept report and direct staff accordingly. 12. Program Supplement Agreement -Quito Road Bridge Replacement Project CIP No 9111 Recommended action: Authorize City Manager to execute agreement AGENCY ASSIGNMENT REPORTS AQency Councilmember Alternate Association of Bay Area Government Bogosian Mehaffey Chamber of Commerce Streit Mehaffey County Cities Association Leg. Task Force Bogosian Waltonsmith County HCD Policy Committee Mehaffey Baker Emergency Planning Council Baker Waltonsmith Hakone Foundation Liaison Streit/Baker N/A KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Association Bogosian Waltonsmith Northern Central Flood Control Zone Advisory Brd. Waltonsmith Bogosian Peninsula Division, League of California Cities Streit Baker Santa Clara County Valley Water Commission Mehaffey Bogosian Santa Clara County Cities Association Streit Baker SASCC Liaison Waltonsmith Bogosian SBDC Mehaffey Streit Sister City Liaison Waltonsmith Mehaffey West Valley Solid Waste JPA Baker Mehaffey Valley Transportation Authority PAC Waltonsmith Streit West Valley Sanitation District Baker Bogosian Silicon Valley Animal Control JPA Bogosian Waltonsmith Saratoga Historical Foundation Waltonsmith Policy Advisory Boazd Waltonsmith 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) 868-726). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) l~.J %Y <~>, 4H n lA~~: 9/18 9/24 10/2 10/16 11/6 11/20 12/4 12/10 12/18 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 Regulaz Meeting Adjourned Meeting -Arts Commission/All Schools Regular Meeting Regular Meeting Regular Meeting Regulaz Meeting Regular Meeting Adjourned Meeting -Council 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 ~J SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 ORIGINATING PREPARED AGENDA ITEM: CITY MANAGER: O~~-~- DEPT HEAD: SUBJECT: Commendation the Saratoga Robotics Team RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for the Saratoga Robotics Team. Members of the Robotics Team will be present this evening to present a short demonstration of their work. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING THE SARATOGA ROBOTICS TEAM WHEREAS, In 1999 a group of Saratoga High School students formed the Saratoga Robotics Club; and WHEREAS, The Saratoga Robotics is a high school engineering club dedicated to exploring the vast possibilities of science and technology through participation in various robotics competitions; and WHEREAS, The Saratoga Robotics Team is made up of 30 students from a wide varity of backgrounds with a teacher acting as advisor and mentor; and WHEREAS, The purpose of the team is to explore the fields of engineering and technology through a variety of competitions, including US FIRST Robotics, AUVSI Under-water Naval Robotics, and CanSats; and WHEREAS, The Saratoga Robotics Team is a 100% non-profit organization, supported solely by its sponsoring school, team member parents, and the community. Their experiences with all sorts of robotics work and competitions is made possible by the support of the community and corporations; and WHEREAS, In the coming year the Saratoga Robotics Club hopes to establish a robotics team at their local middle school, and have them participate in the FIRST Lego League, a competition for younger students; and WHEREAS, Recently the Saratoga Robotics Team participated in a university- level submarine competition. With competitors like MIT, Cornell, and Duke, the Saratoga Robotics. Team managed to beat 4 college teams. The Saratoga Robotics Team also won the Best-Barg-for-the-Buck Award; and NOW, THEREFORE, BE IT RESOLVED, that the Saratoga High School- Robotics team is hereby commended for their hard work and dedication. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4~' day of September 2002. Nick Streit, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: ORIGINATING PREPARED BY: CITY MANAGER: HEAD: SUBJECT: Proclamation -Declaring September 11, 2002 as a "Day of Remembrance" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: Attached is a proclamation declaring the September 11, 2002 as a "Day of Remembrance". 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 ATTACHMENTS: Attachment A -Copy of proclamation PROCLAMATION HONORING THE HEROIC EFFORTS FOLLOWING THE SEPTEMBER 11TH TRAGEDIES AND NAMING SEPTEMBER-11TH 2002 AS A DAY OF REMEMBRANCE Whereas, our nation was brutally attacked on September 11, 2001 by cowardly terrorists, and many members of our great nation, both Emergency Service Personnel and Citizens alike, sacrificed their own safety to help others; and tragically many of them -made the ultimate sacrifice in this effort to help their fellow man; and, Whereas, President of the United States George W. Bush has designated September 11~` as Patriot Day; and, Whereas, the City of Saratoga wishes to recognize the efforts that the Emergency Services Organizations, be they Firefighters, Police Officers, or Emergency Medical Personnel, who put forth each and everyday to protect our community and the nation; and, Whereas, the City of Saratoga wishes to also recognize the efforts of our nation's Armed Forces, and the efforts of tTie common citizen in fighting the ongoing war on Terrorism. Now, therefore, he it resolved, on this 40` day of September, 2002, I Nick Streit, Mayor of the City of Saratoga, do hereby proclaim September 11, 2002 as a Day of Remembrance, and urge all of the residents of the City of Saratoga to recognize the heroic efforts for the safety of our nation. I further order all flags on City buildings to be flown at half-mast on September 11~` in accordance with the President's proclamation of Patriot Day. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4~` day of September 2002. Nick Streit, Mayor City of Saratoga K SARATOGA CITY COUNCIL AGENDA ITEM: MEETING DATE: September 4, 2002 • ORIGINATING DEPT: ~ty Manager PREPARED BY: CITY MANAGER: ~/~~%~--K--- DEPT HEAD: SUBJECT: Presentation -Santa Clara County Comprehensive Expressway Planning Study RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Dawn Cameron, Count of Saratoga Clara/Roads and Airports Department, will be briefing the City Council on the Expressway study. On February 6, 2002 the City Council appointed Councilmember Ann Waltonsmith to represent the City of Saratoga on the Expressway Study Policy Advisory Board (PAB). 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 ATTACHMENTS: Attachment 1 -Memo from Don Cohen Attachment 2 -Project Fact Sheet Attachment 4 -Expressway LOS Map Attachment 4 -Lawrence Expressway Summary of Findings County of Santa Clara Roads and Airports Department 10] Skyport Drive San Jose, California 95110 August 21, 2002 T0: Mayor Streit and Councilmembers, City of Saratoga FROM: Dan Collen, Project Manager Comprehensive County Expressway Planning Study SUBJECT: Council Briefing on the Expressway Study The County of Santa Clara Roads and Airports Department is currently conducting the Comprehensive County Expressway Planning Study. This Study will serve as a long-range strategic plan for the improvement and maintenance of the expressways. Policy input for the Study is provided by a Policy Advisory Board (PAB), chaired by Santa Clara County Supervisor James T. Beall, Jr. Councilmember Ann Waltonsmith serves on the PAB as Saratoga's representative. The first phase of work on the Expressway Study began in September 2001. The purpose of this first phase was to develop a complete understanding of the current conditions and deficiencies for each expressway. Activities have included data gathering; meetings with staff from each city, Caltrans, VTA, and the California Highway Patrol; and PAB and Technical Working Group meetings. The first phase culminated in a series of PAB workshops conducted in May and June 2002. A significant conclusion from this first phase of work is that each expressway has its own unique character, function, and community relationship. Therefore, the ultimate build-out of each expressway must vary to meet community needs. Attached for your information are the following materials: • Expressway Study Fact Sheet -- Provides an overview of the study purpose, process, and schedule. The Study's web site and hotline phone number are also listed. A map showing the projected 2025 Level of Service (LOS) F intersections for the entire network of expressways. • Summary of findings from the PAB workshop regarding Lawrence Expressway. The next phase of the Study will involve developing formal project lists for each expressway, - establishing priorities, and identifying funding sources with a draft Implementation Plan expected to be ready for formal review in February 2003. We look forward to attending your City Council meeting on September 4, 2002, to hear your comments regarding the expressways and respond to any questions you have regarding the work completed to date. Board of Supervisors: Donald F. Gage, Blanes Alvarado, Pete McHugh, James T. Heall ]r., Liz ICniss a ..om County Executive: Richard Wittenberg County of Santa Clara Roads and Airports Department Design & Construcrion Branch . 101 Skypon Drive San lose, California 95110 COMPREHENSIVE COUNTYEXPRESSWAYPLANNING STUDY FACT SHEET PURPOSE: The Comprehensive County Expressway Planning Study will serve as a long range strategic plan for the improvement and maintenance of the expressways. Appropriate goals for each expressway will be developed based on the expressway's unique chazacteristics and community needs. The study's documentation will include identification of alternatives, measures of effectiveness, a record of local preferences, operational and maintenance policies, funding strategies, and improvement priorities. The final product will be a long-range Implementation Plan that details the policies, priorities, and funding strategy for the expressway system. KEY ELEMENTS: The Study will take a comprehensive look at each expressway and will include the following elements: • Capacity enhancements such as adding grade sepazations, auxiliary lanes, and new lanes to improve level of service (LOS) • Intelligent Transportation System (ITS) and Signal Improvements • Soundwalls • Landscaping and Aesthetics • High Occupancy Vehicle (Carpool) Facilities . • Transit, Bicycle, and Pedestrian Accommodations • Safety Improvements • Maintenance and Operation Management PROCESS: A key to the success of this Study is a strong collaborative planning process. Two committees have been established to provide ongoing review and input for the Study: • Technical Working Group (TWG) -composed of staff from all 15 cities in the County plus Caltrans, Metropolitan Transportation Commission (MTC), and Santa Clara Valley Transportation Authority (VTA). • Policy Advisory Board (PAB) -composed of 2 County Supervisors, 12 councihnembers from cities with existing or potential future expressway mileage, 2 VTA Boazd members, and 2 County Roads Commissioners. Final approval of the Implementation Plan will come from the County Boazd of Supervisors. Board of Supervisors: Douald F. Gage, Blanca Alvarado. Pete McHugh, lames T. Beall Jr., Liz Kaiss ® +~ Ccuuty Bsecutlve: Richard Wiveuberg COMMUNITY The project has an extensive public involvement process, including a web site INVOLVEMENT: with an e-mail link for submitting comments, telephone public opinion surveys, and community meetings during project development and during review period for Draft Implementation Plan. Outreach meetings aze also being held with the business and development communities. The County Roads Commission and County Bicycle and Pedestrian Advisory Committee (BPAC) are included in the process. SCHEDULE: January 2002-January 2003 - TWG and PAB develop policies, priorities, and funding options leading to a preferred Implementation Plan strategy. June-July &October-November 2002 -Community outreach meetings held. February-Mazch 2003 -City Council and public review of the Draft Implementation Plan. Apri12003 -Draft Plan revised based on comments; TWG, PAB, and Board of Supervisors approves Final Implementation Plan. CONTACT INFO: Written correspondence maybe sent to: Dan Collen, Project Manager Santa Clara County Roads and Airports Department 101 Skyport Drive San Jose, CA 95110 Or call the Project Hotline at 408-544-2476, ext. 333 Or visit our website at www.expressutays.info Fact Sheet Page 1 of 2 Comprehensive County Expressway Planning Study Rev. Apti113, 2001 County of Santa Clara Roads and Airports Department IDI Skypon Drive San Jose, California 95110 COMPREHENSIVE COUNTYEXPRESSWAYPLANNINGSTUDY LAWRENCE EXPRES5WAX In May and June 2002, the Expressway Study Policy Advisory Board (PAB) conducted workshops to discuss the vision and key issues for each expressway in Santa Claza County. The PAB workshop for Lawrence Expressway was held on May 29, 2002. Listed below are the participants and results of this workshop. PAB Workshop Participants James T. Beall, Jr., County Supervisor Sandra James, Cupertino Councilmember Linda LeZotte, San Jose Councilmember Aldyth Pazle, Santa Clara Councilmember Ann Waltonsmith, Sazatoga Councilmember Tim Risch, Sunnyvale Councilmember Manuel Valerio, VTA Board Member Ted Brown, County Roads Commissioner Vision: Southern end more arterial-like and area north of Hwy 280 more freeway-like. Critical Level of Service (LOS) Issues and Improvement Strategies • Traffic forecasts indicate there will be 12 LOS F intersections along Lawrence in 2025. Lawrence was divided into the following four sections with key comments as follows: - South of 280 -Side street intersection improvements to improve the three LOS F intersections should be studied. Concerns were expressed about the possibility of expanding Lawrence to 8 lanes in this section. Participants asked if there was a true capacity need to justify this expansion and noted such an expansion could create more traffic and cut-through problems for Saratoga. - 280/Stevens Creek -Resolving the traffic problems at this location could be a very expensive, large-scale interchange project (up to $250 million). Participants suggested that the Study determine the ultimate solution and break it down into phases for potential prioritization in this Study. , - 280 to 101 -Study should explore interchanges where feasible including elevated structures in some locations. Can also study restricting access at minor streets and driveways as a possible LOS improvement. • Board of Supervisors: Douald F. Gagc, Blanes Alvarado. Pete McHugh, lames T Ball Jr., Liz Kniss a ,nn County Exetudve: RichaN Wittenberg - 101 to 237 - At-grade intersection improvements will be studied at the one LOS F intersection because previous study work by Sunnyvale has shown an interchange is not feasible at this location. Right side HOV lane has operational problems and very high violation rates, but participants are not sure converting the HOV lane to mixed flow would solve capacity problems. • Similar to Central Expressway, concern was expressed that the proposed Moffett Park Specific Plan and NASA/Ames development could lead to more LOS F intersections along Lawrence. Participants requested that this be studied in the traffic forecasts. Other Key Comments • Cupertino and San Jose requests that there be no sound walls along the Creek Trail and that there be good pedestrian connections to the Creek Trail. Comments Relevant for All Expressways • For all eight expressways, it was agreed that expressways should accommodate bicyclists but are for adult, experienced bicyclists. The expressways are not envisioned to serve children and the novice bicyclist. Maintenance of the bicycle travel azea was mentioned as a key concem in several locafions. • A major pedestrian concem for all the expressways was facilitating safe crossings. Several of the expressways have locations where students must cross the expressway to reach their schools. It was noted that transit patrons also have a need to cross expressways to make connections to bus stops. • A desire was expressed that all the expressways have landscaping compazable to Foothill Expressway. Although it was noted that the maintenance and funding for the landscaping was provided by local cities, there was not consensus that this should be the model. Lawrence Expressway Page 2 of 2 COMPREHENSIVE COUNTYEXPRESSWAYPLANNING STUDY July I5, 2002 ~- SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: v~~~~ ORIGINATING P .City Manager CITY MANAGER: ~°-~G=~-~----- PREPARE - DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -July 17, 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 July 17, 2002 MINUTES SARATOGA CITY COUNCIL JULY 17, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:00 p.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 Claza County Superior Court No. CV-803540) City of Sazatoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (2 cases)' MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported that the City Council held a special meeting on July 10, 2002 and directed the City Attorney to file a response to the petition for review submitted to the California Supreme Court in the matter of City of Saratoga v. West Valley Mission College District. The decision was supported by a vote of 4-0 with Councilmember Bogosian abstaining. Mayor Streit announced that during closed session this evening, the City Council approved a settlement agreement in the matter of Saratoga Fire Protection District v. the City of Saratoga. The agreement was approved by a vote of 5-0. Councilmember Mehaffey noted that in light the Council's decision this evening to approve a settlement of the Fire District litigation, Councilmember Mehaffey moved that the Council reconsider the decision made on September 25, 2002 to deny the Fire District's application. Councilmember Mehaffey further stated that thanks to the good work of the AdHoc Committee the Council has a basis to direct the applicant to develop a proposal based on~Scheme A including public parking in exchange for the City's transfer of the Heritage Plaza and to refer the matter back to the Planning Commission for review. Councilmember Mehaffey noted that he understands the Council cannot vote on this motion this evening, but asked that it be placed on the agenda for the August 7, 2002 City Council meeting and that the City Clerk schedule a public hearing for reconsideration of the Council's decision. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Ann Sullivan, Secretary to the City Manger, 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 Joan Pisani, Recreation Director John Livingstone, Associate Planner Lata Vasudevan, Assistant Planner Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 17, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 17, 2002 was properly posted on July 12, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Cheriel Jensen, 13737 Quito Road, noted that a year ago she came before the City Council requesting that the City preserve a walkway on Quito Road that has always belonged to the City of Saratoga. Ms. Jensen noted that she thinks it will soon have a fence on it. Ms. Jensen noted that Quito Road was moved over the centerline was painted 8-12 feet to the east where Quito Road was formally was and it became curved where it was formally straight. Prior to the renovation of the bridge, Ms. Jensen noted that there was a walkway on her property and a walkway on her neighbor's property, which was the only place pedestrians could use on Quito Road. Ms. Jensen noted that when the width of the bridge was widened the water District made it 56 feet wide of public right by taking of 40 additional feet from the property on the east side with an easement. Ms. Jensen noted that she donated the land for the new walkway and a flood easement. Ms. Jensen noted that her neighbor is relatively new to the neighborhood and was not aware of the widening of the road and the easements when he applied for the permit for his fence. In order to get his property surveyed Ms. Jensen noted that her neighbor used a 1924 description of his property, which has Quito Road placed 56 back in its original location. His survey now shows he owns the walkway. Ms. Jensen requested that the City help her with this issue. Bill Breck, 20375 Saratoga-Los Gatos Road, noted that this was the fifth time he has come before the City Council this year. Mr. Breck noted that Mr. Cutler still has not installed protected fences around the protected trees. Mr. Breck sited several violations that he has noticed on Mr. Cutler's property in which the City is not enforcing: 1) Violating UBC 3307 2) New permits are still being issued to Mr. Cutler 3) No penalties for cutting down protected trees 4) Project did not go through the City's Design Review process. City Council Minutes 2 July 17, 2002 COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Baker directed staff to follow up with Ms. Jensen and possibly agendize the issue at a future Council discussion. Councilmember Mehaffey noted that he would support agendizing this issue. Councilmember Waltonsmith requested Mr. Breck receive all the information he has requested. Councihnember Mehaffey asked why the tree protection fences were not up yet. City Manager Anderson noted that he would talk to staff in the morning and report back to Council. ANNOUNCEMENTS None SPECIAL PRESENTATIONS None CEREMONIAL ITEMS Mayor Streit announced that this Saturday the City's Attorney, Richard Taylor, was getting married. Mayor Streit presented City Attorney Taylor with a gift from the City Council and a gift from the City Manager's Office and wished him well with his future wife. CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -REGULAR MEETING MAY 5, 2002 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/BAKERMQVED TO APPROVE CITY COUNCIL MINUTES OF MAY 5.2002. MOTION PASSEDS-0. 2B. CITY COUNCIL MINUTES -REGULAR MEETING JUNE 5, 2002 STAFF RECOMMENDATION: Approve minutes. s City Council Minutes 3 July 17, 2002 ' Councilmember Mehaffey requested that item 2B of the Consent Calendar be pulled. Councilmember Mehaffey noted that he was absent on June 5, 2002 so he would be abstaining from the vote. WALTONSMITH/BAKERMQVED TO APPROVE CITY COUNCIL MINUTES OF MAY 7, 2002. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSTAINING. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BAKER MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. REVIEW PLANNING COMMISSION ACTION MINUTES - JUNE 26, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BAKER MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2E. REVIEW PLANNING COMMISSION ACTION MINUTES - JULY 10, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BAKERMQVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2F. CLAIM OF CAROL HUTCHINGS; CLAIM NO, GL-053529 STAFF RECOMMENDATION: Authorize ABAG to reject claim. WALTONSMITH/BAKER MOVED TO AUTHORIZE ABAG TO SETTLE CLAIM NO. GL-05347. MOTION PASSED 5-0. 2G. UNION PACIFIC RAILROAD TRAIL VTA FUNDING RESOLUTION STAFF RECOMMENDATION: • Adopt resolution. City Council Minutes 4 July 17, 2002 TITLE OF RESOLUTION: 02-048 RESOLUTION OF THE CITY OF SARATOGA SUPPORTING THE TERMS AND CONDITIONS FOR TIER 1 FUNDING FROM THE VALLEY TRANSPORTATION AUTHORITY BICYCLE EXPENDITURE PROGRAM FOR REACH 3 OF THE PROPOSED UNION PACIFIC RAIL ROAD TRAIL PROJECT Councilmember Bogosian requested that item 2G of the Consent Calendar be pulled. Councilmember Bogosian asked for a brief description of the funding resolution proposed to Council tonight for approval. Cary Bloomquist, Administrative Analysis, responded that resolution before the Council tonight has been requested from VTA as part of the application process for Tier 1 funding for the bicycle program. The purpose of the resolution is so the VTA can earmark the funding for the City of Saratoga, it is not a commitment on behalf of the City to except or spend the funds. Analysis Bloomquist noted that the funding would be there if the City ever decided to go forward and participate in the program. For the record Councilmember Bogosian noted that the Council is not endorsing the approval of going forward with the construction of the trail, the proposed resolution indicates that the City wants to reserve funding should there be • consensus of the neighbors bordering the trail that the City go forward with it. The resolution indicates that the City would not loose share funding from the county. Vice Mayor Baker concurred with Councilmember Bogosian and noted that the City does not have consensus of the neighbors nor do they have all the data to make a decision. Councilmember Mehaffey noted that he concurred with his colleagues and added that his concern is that in the resolution it states that Saratoga is the lead agency. Councilmember Mehaffey asked if it was solely the City's decision whether or not the trail gets built. Analyst Bloomquist responded that it completely up to the City. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION SUPPORTING THE TERMS AND CONDITIONS FOR TIER I FUNDING FROM THE VTA. MOTION PASSED 5-0. 2H. REQUEST BY SAN JOSE WATER COMPANY FOR AN UNDERGROUND PIPELINE EASEMENT THROUGH FOOTHILL PARK STAFF RECOMMENDATION: . WALTONSMITH/BAKERMQVED TO AUTHORIZE EXECUTION OF AYSO AGREEMENT. MOTION PASSED 5-0. City Council Minutes 5 July 17, 2002 ` 2I MOTOR VEHICLE (MV) RESOLUTION FOR THE INSTALLATION OF TWO STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF . HILL AVENUE AND MONTALVO ROAD STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-236 RESOLUTION FOR THE INSTALLATION OF TWO STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF HILL AVENUE AND MONTALVO ROAD WALTONSMITH/BAKERMQVED TO ADOPT RESOLUTION FOR THE INSTALLATION OF TWO STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF HILL AVENUE AND MONTALVO ROAD. MOTION PASSED 5-0. 2J. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-237 RESOLUTION PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE WALTONSMITHBAKERMQVED TO ADOPT RESOLUTION PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE. MOTION PASSED 5-0. 2K. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARHING ALONG A PORTION OF HERRIMAN AVENUE STAFF RECOMMENDATION: Adopt resolution. Councilmember Bogosian requested that item 2K of the Consent Calendar be pulled. Councilmember Bogosian asked the specifics behind the request. Assistant City Manager Tinfow noted that she attended the Public Safety Commission meeting where they discussed this issue. Assistant City Manager Tinfow explained that the driveway at this particular property is %z circle and when cars are parked between the ingress and egress of the driveway it prohibits the property owners vision of oncoming cars. City Council Minutes 6 July 17, 2002 Assistant City Manager Tinfow explained that the property owner recently was hit while trying to exit her property. Councilmember Bogosian asked if the property owner is requesting that the center portion of the two driveways to be painted red. Assistant City Manager Tinfow responded yes. Councilmember Waltonsmith requested that this item be brought back to Council at the next meeting. Consensus of the City Council to continue this item to the August 7, 2002 City Council meeting. Mayor Streit requested that the Chair of the Public Safety Commission be present at the next meeting: 2L. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARKING ALONG A PORTION OF TAMWORTH AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-239 RESOLUTION PROHIBITING PARKING ALONG A PORTION OF TAMWORTH AVENUE Vice Mayor Baker and Councilmember Bogosian requested that item 2L of the Consent Calendar be pulled. _ __ Councilmember Bogosian noted that his concerns are the same as the item prior. Consensus of the City Council to continue this item to the August 7, 2002 City Council meeting. PUBLIC HEARINGS 3. RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-053 RESOLUTION OF THE CITX COUNCIL ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH Cathleen Boyer, City Clerk, presented staff report. . City Clerk Boyer reported that the resolution before the Council this evening City Council Minutes 7 July 17, 2002 represents the second step in the Saratoga's Hazardous Vegetation Abatement ` Program administered by the County Fire Mazshal's Office. City Clerk Boyer explained that the County has sent owners of the pazcels requiring abatement . informing them that the hazardous vegetation must be abated. City Clerk Boyer noted that Judy Saunders from the County Fire Marshall's Office was present tonight to answer any questions Council may have. Mayor Streit opened the public hearing at 7:29 p.m. Mayor Streit closed the public hearing at 7:30 p.m. WALTONSMITHBAKERMQVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH. MOTION PASSES 5-0. 4. ZONING ORDINANCE AMENDMENT-REQUIREMENTS FOR BASEMENTS STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. Lata Vasudevan, Associate Planner, presented staff report. Planner Vasudevan explained that on June 19, 2002 the City Council reviewed the proposed amendment to the Zoning Ordinance with regard to requirements for basements. The City Council raised several issues and decided to continue the matter. Planner V asudevan noted that staff has revised the proposed amendment to reflect comments raised by the City Council. Planner Vasudevan noted that following revisions: • Definition of "basement" on hillside lots • Development requirements for basements and lightwells Planner Vasudevan noted that also at the June 19`h meeting Council did not make any comments regarding the proposed requirement that there shall be no basement beneath accessory structure. Accessory structures are restricted to one-story and are typically used as pool cabanas, garages, guesthouses, or storage sheds. In addition to limiting the off haul of soil, the planning Commission felt that the use of accessory structures should not be intensified by adding a basement level. The City Council should discuss this requirement and decide to modify, delete, or keep this requirement as proposed. In regards to cabanas, Mayor Streit noted that he supports basements under this type of structure as long as it's within the setbacks and within the structures footprint. Vice Mayor Baker asked if accessory structures with basements need dual entries • or exits. City Council Minutes g July 17, 2002 John Livingstone, Associate Planner, responded that those requirements fall under the building code depending on the proposed use of the structure. Councilmember Mehaffey noted that basements under an accessory structure is . beneficial as long as the structure meets the setback requirements and is limited to non-inhabitable space. Councilmember Mehaffey noted that basements would help reduce the sprawl and property owners get more usable space without the appearance of bulk and mass. Vice Mayor Baker noted he does not support building full basements under accessory structures because the permit does not restrict its use after it is built. Mayor Streit opened the public hearing at 7:41 p.m. Andrew Barnes, 14377 Old Wood Road, noted that he is currently constructing a house including a basement. Mr. Barnes noted that he has a problem with the definition of a "basement" and a "daylight basement". Mr. Bames thinks that that the square footage of a basement should not be included in the total square footage of the house. Councilmember Mehaffey asked for clarification on the definition of a daylight basement. Mr. Barnes explained that a daylight basement is a house on a hillside where half of the house is underground. Mayor Streit closed the public hearing at 7:44 p.m. Vice Mayor Baker noted that he does not disagree with Mr. Barnes in regards to daylight basements. Councilmember Mehaffey noted that Item D should be removed. Richard Taylor, City Attorney, suggested that "accessory structure" be added to Item A in the ordinance. MEHAFFEY/WALTONSMITH MOVED TO APPROVE THE DISCUSSED AMENDMENTS FO REMOVING ITEM D AND ADDING "ACCESSORY STRUCTURES TO ITEM A. MOTION PASSED 5-0. WALTONSMITH/MEHAFFEY MOVED TO INTRODUCE ORDINANCE. WAIVE THE FIRST READING. AND PLACE ON THE AGENDA FOR ADOPTION ON AUGUST 7.2002. MOTION ASSED 5-0. 5. ZONING ORDINANCE AMENDMENT -SINGLE STORY OVERLAY STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoptiori. City Council Minutes 9 July 17, 2002 ' Vice Mayor Baker recused himself from discussing this item and stepped down from the dais. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone explained that on January 16, 2002 the City Council adopted a resolution directing the Planning Commission to study and report back to them on a proposal to establish a single story limitation in the Saratoga Woods Neighborhood. Staff conducted a poll of all the property owners the Saratoga neighborhood to determine the breadth of interest of establishing a zoning overlay restriction to limit the area to single story only. Staff provided the findings to the Planning Commission who in turn reported their finding to the City Council. The results were as follows: • 401 cards sent out • 260 returned cards • 178 (66%) support • 82 (30%) oppose • 11 returned maillundecided Planner Livingstone noted that the Saratoga Woods Neighborhood is predominantly single story dwellings. In the Saratoga Woods there are 394 dwellings. There are 26, original 2-story homes these include three that had finished attics above the garage. There have been seven 2°a story additions. A restriction such as the one proposed is intended to protect neighborhood compatibility, privacy and character. Planner Livingstone noted that the restriction would disallow any new second story additions and disallow any tow story reconstruction in the Saratoga Woods neighborhood. The existing two story dwellings would be exempt from this ordinance. Mayor Streit opened the public hearing at 7:SOp.m. Dan Watson, 18796 Westview Drive, noted that he fully supports the proposed ordinance. Jeanne Holst, 2306 Kosich Court, noted that she has lived at this house for 17 years. Ms. Holst noted that her main concern is the loss of privacy. Ms. Holst noted that the CCR's of this neighborhood forbid second stories. Ms. Holst noted that she fully supports the proposed ordinance. David Gremer, 12388 Radoyka Drive, noted that he fully supports the proposed ordinance. Sazka Barbarossa, 12430 Curry Court, noted that she purchased her home in March 2002 and fully supports the proposed ordinance. Doug Boling, 12481 Saratoga Creek Drive, noted that he opposes the proposed ordinance. City Council Minutes 10 July 17, 2002 Pat Neazgazder, 12400 Radoyka Drive, noted that he moved to this neighborhood 13 yeazs ago and the single story look is what amacted him their. Mr. Neargarder noted ' that he supports the proposed ordinance. David McEachron, 18966 Saratoga Glen Place, noted that he fully supports the proposed ordinance. Marcia Fariss, 18983 Sazatoga Glen Place, noted that past surveys of passing an overlay has been as high as 90% in support. Ms. Faris noted that most CCRs limit the height on houses. Ms. Farris noted that she supports the proposed ordinance. Cazl Nielsen, 18921 Cyril Place, noted that he has lived in the Saratoga Woods neighborhood for 30 years. Mr. Nielson noted that he fully supports the proposed ordinance. Mayor Streit closed the public hearing at 8:05 p.m. Councilmember Bogosian noted that he fully supports the proposed ordinance. Councilmember Bogosian noted that the lots are lazge enough to accommodate single story additions. Councilmember Waltonsmith noted that the request for this ordinance came from the - residents not from the Council. Councilmember Waltonsmith noted that she fully supports the proposed ordinance. Councilmember Mehaffey asked City Attomey Taylor if property owners could request a variance. City Attorney Taylor explained that if a property owner can show the Planning Commission that their property is unique compared to other swa'ounding homes. Councilmember Mehaffey noted he supports the proposed ordinance with the exception of including the area north of Cabernet Drive because there aze several existing two-story homes. Mayor Streit noted that he fully supports the proposed ordinance. BOGOSIAN/WALTONSMITH MOVED TO INTRODUCE ORDINANCE. WAIVE THE FIRST READING, AND PLACE ON THE AGENDA FOR ADOPTION FOR AUGUST 7, 2002. MOTION PASSED 4-1-1 WITH MEHAFFEY OPPOSING AND BAKER ABSTAINING. 6. ORDINANCE ESTABLISHING THE MANNER IN WHICH MEMBERSHIP TERMS ON CITY COMMISSIONS ARE STAGGERED STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Traylor explained that the adoption of procedures regarding city City Council Minutes 11 July 17, 2002 Commissions, the City Council directed staff to prepare an ordinance revising the ' way in which membership terms on City Commissions are staggered, so as to avoid the loss of a significant portion of Commission membership in a single year and to increase the frequency with which members of the community have an opportunity to apply for positions on City Commissions. Currently most commission terms are structured that four terms expire one yeaz, none the next, three the following year, none the next, and so on. City Attorney Taylor noted that the proposed 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 Commission. Mayor Streit opened the public hearing at 8:19 p.m. Mayor Streit closed the public hearing at 8:19 p.m. BAKER/WALTONSMITH MOVED TO INTRODUCE ORDINANCE, WAIVE THE FIRST READING, AND PLACE ON THE AGENDA FOR ADOPTION FOR AUGUST 7, 2002. MOTION PASSED 5-0. OLD BUSINESS 7. AZULE PARK -CONSIDERATION OF KNOLLWOOD COURT PEDESTRIAN ACCESS STAFF RECOMMENDATION: Approve inclusion or exclusion of pedestrian access. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the Mazch 2Q 2002 City Council meeting the 100% Azule Pazk design plans were approved, however the decision to include a pedestrian access from Knollwood Court was postponed until a full Council was present. Councihnember Mehaffey noted that he was absent on the June 6, 2002 City Council meeting when this item was discussed and since then he has reviewed that tape of the meeting and noted he is ready to proceed with the process. Conrad Kumata, 19987 Knollwood Drive, noted that he oppose the access to Azule Park on Knollwood Court. Anwar Ghazi, 12241 Manilla Drive, noted that he oppose the access to Azule Park on Knollwood Court. Mr. Anwar noted that this access to the park would change the chazacter of the neighborhood. City Council Minutes 12 July 17, 2002 Annette McPhail, 12239 Manilla Drive, noted that she oppose the access to Azule ` Pazk on Knollwood Court. Ms. McPhail noted that she thinks the access will create added traffic and safety concerns. Herman Lao, 19974 Knollwood Drive, noted that 26 households oppose to this access at Knollwood Court. Mr. Lao stated that he feels the only reason this access is being proposed is to alleviate traffic for the other side of the park. Gregory Gates, 13226 Montrose Street, Pazks and Recreation Commission and Azule Park Task Force member. Mr. Gates noted that a survey was sent out to residents surrounding Azule Park and 53% wanted the access. Tom Soukup, Goleta Avenue, noted that he is not for or against the access but feels closure to this debate needs to happed this evening and move forward with the construction of the park. Mazk Frazier, 20308 Knollwood Drive, noted that he supports the access on Knollwood Court. Vice Mayor Baker noted that he opposes opening the- access to Azule Park on Knollwood Court. Vice Mayor Baker noted that the neighbors do not want the access trail. Councilmember Waltonsmith noted that she supports opening the access on Knollwood Court on a trial basis. Councilmember Waltonsmith noted that if the neighbors experience trouble, Council could close the access. Councihnember Mehaffeynoted he feels the trail should be opened two months after the grand opening of the pazk and Council review the use in one yeaz. Councilmember Mehaffey noted that he feels if people were going to drive to the park they would use Goleta Avenue. Councihnember Bogosian noted that he supports the access trail open on a trial basis. Mayor Streit noted that does not support opening an access on Knoll wood Court. Mayor Streit stated that he feels it would change the chazacter of the neighborhood. BOGOSIAN/WALTONSMITH MOVED TO APPROVE INCLUSION OF ACCESS AT KNOLL WOOD COURT WITH THE PROVISO THAT THE OPENING BE DELAYED 2 MONTHS AFTER THE GRAND OPENING OF AZULE PARK AND SECONDLY AND CLOSE THE ACCESS ONE YEAR FROM THE TIME IT IS OPENED. MOTION PASSED 3-2 WITH STREIT AND BAKER OPPOSING. 12. VALLEY TRANSPORTATION AUTHORITY (VTA) OPERATOR'S FACILITY AT THE WEST VALLEY COLLEGE TRANSIT CENTER STAFF RECOMMENDATION: Accept report and direct staff accordingly. City Council Minutes 13 July 17, 2002 John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the background of the Valley Transportation's Operator's Facility at the corner of Allendale and the ingress to the Transit Center. Concerned residents asked the City to help facilitate a dialogue with the VTA and the College regarding the location of the restroom. A sit meeting was held between residents, VTA representatives, College representatives, City staff, and Councilmember Ann Waltonsmith. Director Cherbone noted that VTA agreed to delay the completion of the restroom until alternative locations, which were identified at the site meeting, were investigated. VTA has been adamant that they do not have any funds for the restroom relocation and the College although supportive of the relocation, has indicated that they will not participate in funding its relocation. However, VTA has agreed to provide additional landscaping and screening of the restroom at its current planned location to make the restroom as unobtrusive as possible. Director Cherbone noted that VTA has indicated that they need to proceed with construction of the restroom as soon as possible. Jim Pierson, Director of planning and Development/Valley Transportation Authority, noted that he started working with the college quite a while ago to upgrade the transit center at West Valley College. An operator's facility is necessary in azeas where there is a layover area. Mr. Pierson noted that VTA worked out the details with the College. After VTA had the College's approval VTA sent the plans to the City and the operator's facility was listed as a future project. Currently there is a foundation and utilities, but nothing else has been done at the site. Mr. Pierson noted that when VTA heazd the concerns of the neighborhood and the City about the location of the facility VTA agree to meet at the site. Mr. Pierson noted that VTA does not have the additional funding to pay to construct the facility at an alternate location. Mr. Pierson noted that after several meetings the group has narrowed down six different alternatives to two. VTA has agreed to pay for additional screening. Councilmember Waltonsmith asked Mr. Pierson how many major transit centers have operator's facilities and aze they located in neighborhoods or in industrial areas. Mr. Pierson responded that VTA has 6 or 7 operator facilities and most of them aze at light rail centers. Councilmember Waltonsmith asked Mr. Pierson if VTA sent the plans for the facility to the City out of courtesy. Mr. Pierson responded that VTA didn't need to send the plans to the City because • the land is exempt from the City because it is owned by West Valley College City Council Minutes 14 July 17, 2002 Vice Mayor Baker asked if there has always been an operator's facility at West Valley College. Mr. Pierson stated that the drivers would have to go on campus to use a facility. . Mr. Pierson noted walking around the campus at night brought up security issues for the female drivers. Mr. Pierson noted that he did note realize that the proposed operator's facility would become such a problem. Jeffrey Schwartz, 19281 San Marcos Road, introduced the new chancellor for the West Valley/Mission College District, Stan Arterberry. Stan Arterberry, Chancellor/West Valley Mission College District, noted that West Valley has agreed to the new location of the operator's facility and will work with VTA to construct it. Councilmember Waltonsmith asked Mr. Arterberry if he knew what an operator's facility was. Mr. Arterberry responded no. Mr. Schwartz noted that he would like to address the Council as a resident and not as a West Valley Board member. Mr. Schwartz thanked John Cherbone. Mr. Schwartz noted that the placement of the proposed bathroom on the comer of Fruitvale/Allendale Avenue by VTA is mistake and was not fully thought out. Mr. Schwartz noted that tin the beginning the College did not understand what an "operator's facility" was. Mr./ Schwartz noted that the neighbors were never . noticed about the project. Nai Hsueh, 13897 Yerba Santa Court, noted that the neighbors were noticed after the construction started. Ms. Hsueh noted that if it was not Mr. England's leadership efforts the neighborhoods would not of known VTA's plans of a restroom on the corner of Fruitvale/Allendale Avenue. Russell Hume, 13833 Yerba Santa Court, noted that he does not object that the bus drivers need an operator's facility; his objection is to the proposed location. Brett England, 13896 Yerba Santa Court, noted that there has been two new proposed locations; 1) move lower into parking lot with additional screening 2) move toward the rear hill. The new sites would cost approximately $430-$630 thousand dollars. Mr. England requested that the City Council ask VTA to stop construction and look at to alternatives. Robert Lee, 13864 Yerba Santa Court, thanked Councilmember Waltonsmith for all of her time she has invested in the issue and requested that the City Council ask the VTA to stop construction. Vic Monia, 14665 Granite Way, noted that he supports the neighbors' request to stop VTA's construction until all options have been examined. City Council Minutes 15 July 17, 2002 ' Malcolm Brodrick, Dean/Administrative Services/West Valley College, noted that When he saw the plans of the transit facility he did not see the operators facility on . the plans. When the construction started he was surprised of what was being built. Mr. Brodrick noted he supports both alternatives. Mayor Streit asked Mr. Brodrick what option he preferred. Mr. Brodrick noted that he would support what the neighborhood wants. Mr. Pierson added that VTA would try and identify additional funding to help defer the cost of an alternative location. Councilmember Waltonsmith noted that she would support moving the facility as far away from the corner as possible. Councilmember Bogosian noted that the design of the building, for whatever use, is not appropriate at the corner of Fruitvale/Allendale Avenue. Mayor Streit suggested an AdHoc Committee be formed composed of a few neighbors, a council representative, VTA, and WesT Valley College to find exact cost of alternative locations and pinpoint funds to construct the facility in a timely manner. Vice Mayor Baker volunteered to participate on the AdHoc Committee. Mayor Streit thanked the VTA representatives and all the neighbors for participating in tonight's discussion. Mayor Streit declared a 10-minute break at 9:45 p.m. Mayor Streit reconvened the meeting at 9:55 p.m. NEW BUSINESS 5. POTENTIAL USES OF THE GRACE UNITED METHODIST CHURCH STAFF RECOMMENDATION: Review site use options and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on June 5, 2002 the City Council approved a contract with Noll and Tam Architects to complete Phase 1 of the Grace United Methodist Church Renovation Project. Phase 1 included a condition analysis of the existing buildings, a CIP scope of work, and a cost estimate. This work was complete and the report delivered to the City Council in July 5, 2002. • City Council Minutes 16 July 17, 2002 Director Pisani noted that subsequent to review of the study, the City Council directed staff to agendize a discussion of the potential uses of the site. Director Pisani explained the following options available for usage of the site: • Move the Senior Center programs to new site and move Sheriffs Office to current Senior Center • Demolish sanctuary and education buildings, purchase library portable and move Sheriff s office in portable on Church property • Demolish sanctuary and education building only, for office, recreation and community meeting room usage, defemng the rehabilitation of other buildings on the site • Demolish existing buildings on the property and provide grass and irrigation for open space and sports league practice • Mothball existing buildings and utilize open space for day use park Councilmember Waltonsmith stated that she thinks the Administrative Building and the Fellowship Building are in good condition with a few renovations. Councilmember Bogosian noted that he recently visited the sight and was not impressed. Councilmember Bogosian suggested using portable buildings instead of putting money into the existing buildings. Vice Mayor Baker noted that the City paid more for the property then it had. Vice Mayor Baker noted that it is a great piece of property, but the buildings are in bad shape. Vice Mayor Baker stated that the estimates that came in were overpriced to do adequate renovations to use the facility as a Senior Center. Vice Mayor Baker noted he is not willing to spend the money to make this property minimally useable. Councilmember Mehaffey noted that he supported the purchase the property, but he is not willing to spend $1 million dollars to upgrade it enough to use as Senior Center. Councilmember Mehaffey noted that the City should moth ball the buildings and use them only as day use. Councilmember Waltonstnith noted that she would like to find a way to at least use some the space for recreational and/or senior programs. Reverend Judith Stone, 19848 Prospect Road, noted that she was the former pastor at the Grace United Methodist Church. Rev. Stone noted that one reason the congregation decided to sell the property to the City of Saratoga was because of the City's proposed uses "civic uses". Rev. Stone noted that the Church could not afford the necessary renovations. Art Okuno, 21811 Via Regina, noted that he is a member of the Taiko Drum Group. Mr. Okuno stated the Church has allowed the Group to use the Fellowship Building to practice in and also a space to store their equipment. Mr. Okuno requested that the City Council continue to allow the Group to use the facility. Joan Gomersall, 19817 Veronica Drive noted that she represents group of women who meet regularly in the Fellowship Building. Ms. Gomersall requested that the City allow her group to continue to use the building. City Council Minutes 1'7 July 17, 2002 ' Betty Feldheym, 20184 Franklin Avenue, suggested that the City should try and build some type of affordable housing on the property. . Peter Marra, 12560 Wardell Court, requested that the City Council continue to allow the Taiko Drum Group use the Fellowship building. Councilmember Bogosian asked City Attorney Taylor if the City could legally continue to have the building available to different groups, such as the Taiko Drum group, without having to trigger ADA requirements. City Attorney Taylor noted that he would look into the questions and report back to Council at a later time. Councilmember Bogosian noted that he would like to see the grounds maintained and find some community uses for the property. City Manager Anderson noted that daily presence on the property would help prevent vandalism. Director Pisani explained that would cost the City approximately $13,000 a year to maintain the property's landscaping. It would cost approximately $20,000 to moth ball the building, which would include changing the locks, sensor lights outside, continue paying PG&E and water service. Total cost to do nothing on the property except having a nice landscape would be approximately $33, 000. Vice Mayor Baker noted it is the City's responsibility to keep the property from becoming an eye Boaz. Mayor Streit noted that he would like to see the City work with the neighbors to repair good neighbor fences. Consensus of the City Council to direct staff to return to Counci] with a cost proposal to renovate the large Administrative Building in an effort to have some activity at this new City property. 10. APPROVAL OF PURCHASE AND APPROPRIATION OF FUNDS - GRACE UNITED METHODIST CHURCH STAFF RECOMMENDATION: Approve purchase and appropriation of funds. TITLE OF RESOLUTION: 02-054 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET AND THE 5-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) FOR AN APPROPRIATION OF $4.5 MILLION DOLLARS FOR THE PURCHASE OF REAL PROPERTY AND ALLOCATION OF FUNDS FOR THE PROPERTY LOCATED AT 19848 PROSPECT AVENUE (APN: 386-26-070 & 386-26-071) City Council Minutes 1$ July 17, 2002 Dave Anderson, City Manager, presented staff report. I1. City Manager Anderson explained the background of the City's acquisition of the property located at 19848 Prospect Avenue. City Manager Anderson stated that tonight the City Council is considering the final purchase authorization and the appropriation of the balance of the funds to purchase the' property. If the City Council authorizes the purchase, City Manager Anderson noted that he would sign the documents that will implement the purchase agreement and appropriate the funds. City manager Anderson stated that the City should assume ownership at the end of an escrow period that would be complete prior to the August 16"' dead]ine. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE 2002-03 BUDGET AND THE CIP BUDGET TO PURCHASE THE PROPERTY LOCATED AT 19848 PROSPECT AVENUE. MOTION PASSED 5-0. VILLAGE GREEN NEIGHBORHOOD ASSOCIATION -NTMP STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that staff began working with the Village Green Neighborhood Association in January 2002 to address parking and traffic issues experienced by area residents. There have been two meetings-the first kickoff meeting to explain the process and get underway; and a second, in which the results of the traffic data collected were presented. Assistant City Manager Tinfow explained that since that time the residents have completed Phase I of the program and in May requested Public Safety Commission (PSC) permission to begin implementation of Phase II. Assistant City Manger Tinfow noted that the Public Safety Center process was coming to a close at the same time the NTMP was getting started. As part of a review of traffic impacts to Highway 9 and Saratoga Avenue, the idea of looking outside the neighborhood for ways to improve traffic issues such as cut through traffic and speeding was developed. A median on Highway 9 to curtail the cut- through use of Oak Place was one idea that was generated in overlap conversations among members of both groups. Assistant City Manger Tinfow explained that staff has worked with VGNA to determine the appropriate process to move forward. Staying within the NTMP guidelines would require VGNA to collect signatures in support of the median from the property owners immediately adjacent to the median and 60% of the remaining households represented by their association. City Council Minutes 19 July 17, 2002 ' Assistant City Manger Tinfow noted that that the current NTMP document needs revising given the City's current experience with the program. In going through the process with the neighborhoods, staff has identified several areas of conflict with in the documents as well as parts of the process that work better if tailored to the particulaz group. Staff will work with the Public Safety Commission to refine the NTMP document/process in the coming months. Jerry Bruce, Federated Church, noted that the Church shazes the concern for cut through traffic and the drive for a light at Oak Street with the GNA. Denise Michel, 20375 Park Avenue, noted that she was the Co-President of the Village Green Neighborhood Association. Ms. Michel noted that her neighborhood has tried to maintain their historic characteristics. Ms. Michele noted that 800-1,000 cars a day that drive through Oak Place and Park Street. Ms. Michele noted that those streets aze used by commuters mostly from Los Gatos trying to et to Highway 85. Ms. Michele noted that the VGNA appreciates the help from the City. Ms. Michele noted that the VGNA has not voted on the light at Oak Street they have only discussed the median and speed bumps. The VGNA is willing to corporate with the City in anyway to alleviate the area of traffic and take back their neighborhood. Councilmember Mehaffey asked where the proposed median proposed to re-mediate the traffic from Los Gatos to Highway 85. Ms. Michele responded yes and also the reverse direction. Ms. Michele noted that a "No Right Turn" sign would also be installed. Vice Mayor Baker noted that the volume of cars that go through that neighborhood is excessive. Vice Mayor Baker asked if the City installed a sign that read "Local Traffic Only" are there any legal ramifications. City Attorney Taylor noted that if supported by traffic studies and is good of the majority of property owners there are no legal obstacles. Councilmember Bogosian noted that many people in the community support a light at Oak Street because it is difficult to get out on Saratoga Avenue. Councilmember Bogosian noted that he would be willing to take the VGNA out of the NTMP program and suggested forming a committee to develop a process and find out what the neighbors want. Consensus of the City Council to form a committee, to include Director John Cherbone, a VGNA representative, Councilmember Bogosian and Councilmember Mehaffey, a member of the Saratoga Fire District, a member from Federated Church, and a member of the SCC Sheriff's Department. City Council Minutes 20 July 17, 2002 17. APPOINTMENT OF BUILDING APPEALS BOARD MEMBERS STAFF RECOMMENDATION: Appoint members to the City Building Appeals Board. Richard Taylor, City Attorney presented staff report. City Attorney Taylor explained that On July 10, 2002, an appeal was filed with regard to decisions made by the City Building Official on property known as 14480 oak, Place. The Uniform Building Code (UBC) creates a board of appeals in order to hear and decide appeals of decisions made by the Building Official relative to the application and interpretation of the UBC. The UBC adopted by reference in Article 16-OS of the City Code. The UBC provides that the members of the Building Appeals Board shall be appointed by the City Council. City Attorney Taylor noted there have not been any members of the Building Appeals Board in the City of Sazatoga for many years. City Attorney Taylor explained that staff is requesting that the City Council appoint members to the City's Building Appeals Board. The following people have agreed to serve as members of the Board: Steve Benzing, William Bean, Paul Belotti, and William Brown. BOGOSIAN/WALTONSMITH MOVED TO APPOINT BENZING. BEAN. AND BROWN TO THE BUILDING BOARD OF APPEALS. MOTION PASSED 5-0. OLD BUSINESS 8. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that Change Order #3 for removal of the concrete found in the existing building footages was completed at a final cost of $10,109.36 other change requests total $56,338 for work like additional HVAC duct routing, and represent all contractor requests made to date. Many requests are dismissed or aze negotiated to smaller amounts. Assistant City Manager Tinfow explained that the Budget Summary also shows two other significant changes: • The architect's change order total was increased to $52,000 to reflect the $3,000 change order approved on May 7, 2002 that will be offset by a Thompson Pacific credit • A placeholder of $80,000 for additional architect's services under "Estimate of Changes to Contract". The Citizen Oversight Committee requested that a "worst case" dollaz amount be developed and carried in the summary • Amounts paid-to-date City Council Minutes 21 July 17, 2002 ' Assistant City Manager Tinfow stated that the construction remains on schedule. The construction completion date continues to be February 28, 2003, and the library will open in Spring 2003. Mayor Streit thanked Assistant City Manager Tinfow for the update. NEW BUSINESS 13. ADDITIONAL SERVICES FOR SARATOGA LIBRARY PROJECT STAFF RECOMMENDATION: Authorize additional charges and expenditures. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that that staff was requesting Council authorize an additional charge of $13,338 to be paid to Field Paoli for subconsultant O'Mahoney & Meyer to design a telecommunications and data network cabling and termination system for the library to assist in preparation of scope of work for RFP purposes. Secondly, Assistant City Manager Tinfow explained that staff was also requesting Council authorize expenditure of not to exceed $11,000 for performance of mold remediation work and inspection fees and award bid to American Technologies Inc. BOGOSIAN/WALTONSMTTH MOVED TO AUTHORIZE ADDITIONAL CHARGES AND EXPENDITURES FOR SARATOGA LIBRARY PROJECT. Motion passed 5-0. 15. SCHEDULE OF FEES - FY 2002-2003 STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-056 Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that on June 5, 2002, that City Council recommended that Finance Commission conduct further review of the proposed fee schedule with the presence of the Community Development Directory. Finance Commission met on June 17, 2002 to review the proposed cost recovery structure, Implementation and administrative process, and to also compare the fee and deposit practices of other cites. Finance Commission motioned approval of the 2002-03 Schedule of Fees with the recommendation that a review of the cost recovery program be provided during the mid-year review of the budget. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION APPROVING THE FY 2002-2003 SCHEDULE OF FEES. MOTION PASSED 5-0. City Council Minutes 22 July 17, 2002 16. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Select a member of the City Council to be the voting delegate. BOGOSIAN/MEHAFFEY MOVED TO APPOINT COUNCILMEMBER ANN WALTONSMITH AS THE CITY'S VOTING DELEGATE FOR THE 2002 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS CITY COUNCIL ITEMS Councilmember Waltonsmith asked if staff has ever heard back from the Monterey Bay Area Coalition. City Manager Anderson noted that he would check with staff and report back to Council. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned the meeting at 12:10 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 23 July 17, 2002 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: ~~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~G=~'~-- PREPARED BY. L ~~'%vt-lti.- DEPT HEAD,t~~ `~ SUBJECT: Check Register: 8/9/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. ~~ I Fund# Fund Name Date 8/9/2002 Manual Checks Void Total Checks AP CHECKS A89811-89987 ~~ ~ ? t ~ H £ES£ O hE "i' , . 5 i ? x 4 ~ #`+t K 1 GENERAL 183,465.23 20,549.25 ~" i 20d~01448 100 COPS-SLESF f ~ 43~ L 110 Traffic Safety ~ ,P 3 tCh s ~ . ~ 4 ~ ~ ~ '~~ ~f@ '. 150 Streets&Roads 111,176.68 y ~i St ^aS~ h~ ~ 1`17y1766$ 160 Transit Dev "' ~ `~' ~ ~`~*"~ ' ~*,1 170 Hillside Repair '~` ~~ '~~~~ ; 180 LLA Districts 475.01 5 r ~ ~~ ~~,~75 01,„ 250 DevServices , 784.19 16 ~5 ~£1$,r784r19?j 260 Environmental , 58,251.14 ~`~~Y~'~z~ 58i25T~1,~" 270 Housing & Comm ~ r ~ . ~ ~x r u ` 290 Recreation 42 452.58 42 452,58 ~ 3 ~ ~"~; 291 Teen Services , 1,654.01 , ~` ` ~ ~ x`1,654 01; 1,612.50 s~~ ~1 ~ ~ 50 293 Theatre Surcharge ~$~ -~ ` 300 State Park ' ~s` ~~' ` ° 310 Park Develpmt ; £ ,` w' 320 Library Expansion 47,975.92 ~' {4~ 975 92' 352 Infrastructure ~ ~ ~ ~ £ ` £ ,.. 353 Facility 43.90 ~ ~ 43 354 Park and Trail 9,485.16 ~ ~ =9 485 400 Library Debt 757,17 i 757 17 ~~ 410 Civic Cntr COP ~ _;' ~ ~~ 420 Leonard Creek ' 700 Quarry Creek 710 Heritage Prsvn ~~ ~ t 720 Cable N 8,409.69 ~ ~, 8 409 69 730 PD #2 ~ ° r ~' '~ 740 PD #3 ~~ ~ "~'' `#`~` " ` ~f ~~ ~:~ £~~~~~ 800 Deposit Agency " s~ b v 810 Deferred Com p ~ ~~ ,<£ , ~~ ,a mss, ~, s 830 Payroll Agency ~~ ~~~ ~ ~ ar£ v, ~ - 990 SPFA ` sM~^' "~ ~ ~~~` 487,543.18 PAYROLL CHECKS: 628199-28269 TOTAL TIG~ 8- 9- o~ Apr-99 .r ^ W N N W U a o a W em r o 0 0 0 o b ° ° oo ° ° 0 0 (K N N O 1!1 O r O O J F ~ FZ~ N N P i C b N C p T O m YI C N ^ O i .~ m .~ N v M m .r N N rv m m ry rv .+ r r .~ N £ Z q r ry ~ m q W N W W U ° a a • . . a . a . . . w s . a . o o ao a aaaa a a u a a a a a ~ a a o a a F F E ~ 2~ Z a N F W a Y a w F a F a F a of F 5 W a a F E x s F O W W W W O F O ZZ O .] O O O W t~ F O O W O W O F W K a W F F F H E F F E H F E 0 F F H ' F £, F ^ q 0 O ~ W m F F F F W W m m W w ~ y y O O O N O O K O F O a Z w O Z Z Z Z O K O (9 O O O J o O i 7 Z ££££ 2 a r Z r 2 ~ Z W 2 ~? 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REPORT SUMMARY: Attached are the Planning Commission Action Minutes of August 28, 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 - Sazatoga Planning Commission -__.~ CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, August 28, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater,13777 Fruitvale Avenue, Sazatoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Barry, Garakani, Hunter, Kurasch, Roupe, Zutshi and Chair Jackman Absent: None Staff: Planners Oosterhous t~ Welsh, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of July 24, 2002, and draft minutes from the Study Session meeting of July 24, 2002. 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 tahing action on such items. However, the Planning Commissionmay instructstaffaccordingly regarding Oral Communications underPlanningCommissiandirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 23, 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 (15) calendar days of the date of the decision, pursuant to Muzricipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appeaz 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 linuted to raising only those issues you or someone else raised at the public heazing(s) described in this agenda, or in written correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public heazing. 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 #02-175, APPEAL OF ADMINISTRATIVE DECISION TO ALLOW THE CONSTRUCTION OF A CONCRETE WALL WITHIN 10 FEET OF AN OAK TREE AT 14480 OAK PLACE, (397-22-051) - APPEALANT, WILLIAM F. BRECK, 20375 SARATOGA -LOS GATOS ROAD; -The appeal is to have the Planning Commission reverse an +~ Administrative Decision to allow the construction of a concrete wall within 10 feet of an oak tree pursuant to Municipal Code section 15-50.110. (SULLIVAN) (APPROVED 7-0) 2. DR-00-051 F~ BSA-00-003 (503-30-002) -WALKER, 13800 Pierce Road; -Request for Design Review and Building Site Approval to construct atwo-story single-family residence on a 19,210 square foot vacant lot. The floor area of the proposed residence and attached two-car garage is 3,609 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. (OOSTERHOUS) (APPROVED S-2, HUNTER &t KURASH OPPOSED) 3. APPLICATION #02-013 (503-69-02) - AMINI-MOAZENI,13815 Pierce Road; -Request for Design Review to demolish an existing single story house and construct a new two story house with 6,099 square feet on the main and upper levels and 2,569 square feet in the basement. The property is a 1.72 acre lot in the Hillside Residential District. The height of the structure will be 26 feet. (WELSH) (CONTINUED TO 9/11/02) 4. APPLICATION #UP-99-021 (517-10-015 &s 009) -OUR LADY OF FATIMA ASSISTED LIVING FACILITY, 20400 Saratoga-Los Gatos Road; -Resolution UP-99-021 requires the applicant to return to the Planning Commission prior to issuance of grading and building permits in order to address: 1. Affordable living units and preference to Saratoga residents, 2. Sound levels at laundry £aciliry, 3. Construction period traffic and parking, 4. Evening shift parking, 5. Twenry- four hour contact for complaints. The public hearing is being scheduled to address these issues. (WELSH) (APPROVED 7-0) COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on June 19, 2002 ADJOURNMENT AT 11:45 TO NEXT MEETING - Wednesday, September 11, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA C. If you would like to receive this Agenda via a-mail, please send your e-mail address to plannin sarato ag ca.us __ C~ SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 ORIGINATING DEPT: Cityty Man_ PREPARED BY: ~~ AGENDA ITEM: CITY MANAGER: ~~~--~--- DEPT HEAD: SUBJECT: Resolution Amending the Conflict Of Interest Code RECOMMENDED ACTION: Adopt resolution amending the City's Conflict of Interest Code. REPORT SUMMARY: The Political Reform Act requires each City and other local agencies to adopt a conflict of interest code and to periodically review and update that code.. The next periodic review must be submitted to the Fair Political Practices Commission in October 2002. The City's conflict of interest code was adopted in 2001. As required by state law, the code includes a list of "Designated Positions" which are those positions in City government that play a major role in decision making. All employees and other city officials listed as a designated position must annually file the FPPC's Form 700. (Note that the positions listed in Government Code Section 87200 (i.e. City Councilmembers, Planning Commissioners, etc.) are not required to be included, because state law already requires these positions to file Form 700.) .The purpose of financial disclosure is to alert public officials to personal interests that might be affected while they are performing their official duties and inform the public about potential conflicts of interest. The attached resolution would amend the list of designated positions to include the Arts Commission, Finance Comrission, Heritage Preservation Commission, Library Commission, Pazks and Recreation Commission, and Public Safety Commission. The staff added to this list would be the Administrative Analyst, the Pazks Supervisor, and the Public Works Supervisor. These designated positions aze those City officials who make or participate significantly in the making of governmental decisions. The conflict of interest code requires disclosure of six different categories of financial interests: Category A: Investments in business entities (e.g., stock holdings, owning a business, a partnership) Category B: Real Property i Category C: Positions of management or employment with business entities ._ Category D: Income from loans Category E: Income from gifts Category F: Travel Payments Designated positions must disclose their interests in each category that could potentially be affected by the decisions that they make. The conflict of interest code specifies those categories for each position. The attached resolution would require disclosures from all Commissioners in Category A and ..Categories C-F. Members of the Heritage Preservation, Parks and Recreation, and Public Safety Commissions would also be required to disclose real property interests (Category B) since the decisions and recommendations of those Commissions can affect real property. The staff positions would be required to disclose interests in all categories since all categories could potentially be affected by staff decisions. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's conflict of interest code would not be updated to reflect current City practices. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Report to the FPPC on the City's review of its Conflict of Interest Code. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Proposed Resolution Amending the Conflict of Interest Code Attachment B -- Resolution 01-011 Attachment C -FPPC Publication - Can I Vote? An Overview of Public Officials' Obligations Under the Political Reform Act's Conflict of Interest Rules" 2of6 RESOLUTION N0.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 01-011 CODE BY ADDING TO THE LIST OF DESIGNATED EMPLOYEES IN THE CONFLICT OF INTEREST CODE WHEREAS, Resolution 01-011 of the City Council of the City of Sazatoga adopted a Conflict of Interest Code for the City of Sazatoga; and WHEREAS, the Fair Political Practices Commission ("FPPC") requires periodic review of the Conflict of Interest Code; and WHEREAS, the City has reviewed the code and determined that several additional positions should be added to the list of designated positions therein. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby amend resolution Ol-O11 to replace "Exhibit B" thereto with the document attached hereto as Attachment A in order to add the members of the Arts Commission, Finance Commission, Heritage Preservation Commission, Library Commission, Pazks and Recreation Commission, and Public Safety Commission and the staff positions of Administrative Analyst, Parks Supervisor, and Public Works Supervisor to the list of Designated Positions in the Conflict of Interest Code. The above and forging resolution was passed and adopted at a regular meeting of the. Saratoga City Council held on the 4th day of September 2002 by the following vote: AYES: NOES: ABSTAIN ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk 3 of 6 City of Saratoga Conflict of Interest Code EXHIIiIT B DESIGNATED POSITIONS DISCLOSURE CATEGORY Citv Manaeer's Office Assistant City Manager A through F Public Works Department Public Works Director Parks Supervisors Public Works Supervisor Administrative Analyst A through F Community Development Department Community Development Director A through F Recreation Department Recreation Director A through F Administrative Services DeRartment Administrative Services Director A through F Citizen Commission. Committees A through F and Boards Arts, Finance, Library A, C through F Heritage Preservation, Parks and Recreation, Public Safety A through F (only those real estate interests which are located within the City of Saratoga, or are within atwo-mile radius of the borders of the jurisdiction of the City of Saratoga) • 4 of 6 Consultants City Arborist City Geotechnical Consultant City Surveyor A through F (only those investments, real estate interests, business positions and sources of income which are subject to the regulatory, permit or licensing authority of the City of Saratoga, or are within atwo-mile radius of the borders of the jurisdiction of the City of Saratoga) A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) Other Consultants* *Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall by retained for public inspection in the same manner and location as this Conflict of Interest Code. 5 of 6 KEY TO DISCLOSURE CATEGORIES Category A-1: Investments less than 10% ownership Category A-2: Investments greater than 10% ownership Category B: Real Property Category C: Income and Business Positions Category D: Income -Loans .- Category E: Income -Gifts Category F: Travel Payments ~~ ~_~ 6 of 6 RESOLUTION NO.Ol-011 i RESOLUTION OF THE CITY COUNCIL OF SARATOGA AMENDING RESOLUTION N0.779, THE CONFLICT OF INTEREST CODE WHEREAS, the City of Saratoga is a local agency that is regulated by the Political Reform Act (California Government Code sections 81000-91015); WHEREAS, the Political Reform Act requires the City of Saratoga to adopt a Conflict of Interest Code to specify which officials and employees of the City are required to disclose information to the public about potential conflicts of interest; WHEREAS, the City of Saratoga adopted Resolution No. 779 to comply with this requirement to adopt a Conflict of Interest Code; WHEREAS, the Political Reform Act and Fair Political Practices Commission regulations require local agencies periodically to review and update their Conflict of Interest Code regulations; WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code which maybe incorporated by reference in an agency's code, and which may be amended by the Fair Political Practices Commission to conform amendments in the Political Reform Act, following public notice and hearings; WHEREAS, the City of Saratoga wishes to realize the benefits of adopting the model Conflict of Interest Code as recommended by the Fair Political Practices Commission; NOW, THEREFORE, BE IT RESOLVED that the previous Conflict of Interest Code adopted by the City as Resolution 779.7 and all other enactments and amendments of Resolution 779 are hereby repealed in their entirety and replaced with: A. The Model Conflict of Interest Code set forth at Title 2, section 18730 of the California Code of Regulations adopted by the Fair Political Pxactices Commission as it now exists and as it maybe amended from time to time in the future (a copy of section 18730 as it now exists is attached hereto as Exhibit A); and Resolution No.01-011 Page 1 of 2 B. Exhibit B to this Resolution designating officials and employees of the City of Saratoga subject to the Conflict of Interest Code and establishing disclosure categories for those officials and employees. All references to the "Appendix" in the regulations adopted pursuant to paragraph A, above, shall be deemed to refer to Exhibit B to this Resolution. BE IT FURTHER RESOLVED that designated officials and employees shall file statements of economic interest with the City of Saratoga and the City shall make all statements available for public inspection and reproduction in accordance with section 81008 of the California Government Code. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this 21S` day of February 2001, by the following vote: AYES: Councilmembers Evan Baker, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey NOES: None ABSENT:. Stan Bogosian ABSTAIN: None ~~ Ma r A 'TEST: Clerk Attachments Exhibit A: Model Conflict of Interest Code (Section 18730 of Title 2 of the California Code of Regulations) Exhibit B: Designated Positions and Disclosure Categories Resolution No.01-011 u Page 2 of 2 City of Saratoga Conflict of Interest Code (Resolution 01-011) EXHIBIT A (Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations.) 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the amendment of a conflict of interest code within the meaning of Government Code Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et seq. The requirements of a conflict of interest code are. in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. . (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply; . Page 1 of 10 Conflict of Interest Code Exhibit A (A) The geographical jurisdiction of this agency is the same as or is wholly included within the i jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and (C) The filing officer is the same for both agencies.(1) Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. Section 4. Statements of Economic Interests: Place of Filing. The code. reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.(2) Section 5. Statements of Economic Interests: Time of Filing. . (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved-by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assumirg designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns. within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her Page2of10 . Conflict of Interest Code Exhibit A position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of . nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaning office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in real property(3) is required to be reported,(4) the statement shall contain the following: 1. A statement of the nature of the investment or interest; • Page 3 of 10 Conflict of Interest Code Exhibit A 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair mazket value of the investment or interest in real property exceeds one thousand dollars ($1,000), exceeds ten thousand dollazs ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported,(5) the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollazs ($1,000) or less, greater than. one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and • the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,(6) the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director; officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. Page 4 of 10 . Conflict of Interest Code Exhibit A (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506. Section 8.1 Prohibition on Receipt of Gifts in Excess of $320. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $320 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the prohibitions in this section. Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. Page 5 of 10 Conflict of Interest Code Exhibit A (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply fo loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local governnent agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: Page 6 of 10 • Conflict of Interest Code Exhibit A 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandpazent, grandchild, brother, sister, parent-in-Iaw,.brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this Page 7 of 10 Conflict of Interest Code Exhibit A paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for banla uptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than. gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $320 or more provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee w]ro is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that Conflict of Interest Code Exhibit A Page 8 of 10 any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollazs ($1,000) or more. Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal_or informal opinion. Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred maybe set aside as void pursuant to Government Code Section 91003. Interpretative Notes for 2 Cal. Code Regs. 18730 Note: Authority: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502, and 89503, Government Code. Footnotes to 2 Cal Code Reas. 18730 1. Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. Page 9 of 10 Conflict of Interest Code Exhibit A 2. See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forwazd the originals to the filing officer. 3. For the purpose of disclosure only (not disqualification), aninterest in real property does not include the principal residence of the filer. 4. Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5. A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6. Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Page 10 of 10 Conflict of Interest Code Exhibit A City of Saratoga Conflict of Interest Code (Resolution 01-011) EXHIBIT B DESIGNATED POSITIONS DISCLOSURE CATEGORY Citv Manaeer's Office Assistant City Manager Public Works D~artment Public Works Director Community Development Department Community Development Director Recreation Department Recreation Director Administrative Services Department Administrative Services Director Consultants City Arborist City Geotechnical Consultant A through F A through F A through F A through F A through F A through F (only those investments, real estate interests, business positions and sources of income which are subject to the regulatory, permit or licensing authority of the City of Saratoga, or are within atwo-mile radius of the borders of the jurisdiction of the City of Saratoga) A through F (only those investments, business positions, and sources of income of the type which engage in land Page 1 of 2 Conflict of Interest Code Exhibit B development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) City Surveyor A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) Other Consultants* *Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a-"designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant=s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager=s determination is a public record and shall by retained for public inspection in the same manner and location as this Conflict of Interest Code. KEY TO DISCLOSURE CATEGORIES Category A-l : Investments less than 10% ownership Category A-2: Investments greater than 10% ownership Category B: Real Property Category C: Income and Business Positions. Category D: Income -Loans Category E: Income -Gifts Category F: Travel Payments 'Page 2 of 2 . Conflict of Interest Code Exhibit B Can I vote? ~n ®U~'~"ULBdU ®l~l~gata~ns ~Tntler Tlae ~'®lia~ical.l'e,~®r~n 14ct'~ G'®n, f la c ~-o, f-.In tcre~t .mules Page 1 Fair Political ~~ ~ ~ ~~~~ Practices Commission `Mrs home is near the proposed new shopping mall. Can I vote on the issue at next month's Planning ` S Commission meeting?" Many of you may have been confronted with such questions. This booklet is offered by the FPPC as a general overview of your obliga- tions under the Political Reform Act's conflict- of-interest rules. Using non-technical terms, the booklet is aimed at helping you understand your obligations at the "big picture" level and to help guide you to more detailed resources. Stripped of legal jargon: - You have a conflict of interest with regard to a particular government decision if it is suf- ficiently likely that the outcome of the deci- . sion will have an important impact on your i Fair Political Practices Commission Page 3 economic interests, aad - if a significant portion of your jurisdiction does not also feel the important impact on their economic interests. The voters who enacted the Political Re- form Act by ballot measure in 1974 judged such circumstances to be enough to influence, or to appear to others to influence, your judg- ment with regard to that decision. The most important thing you can do to comply with this law is to learn to recognize the economic interests from which a conflict of in- terest can arise. No one ever has a conflict of An important note... You should not rely solely on this booklet to ensure compliance with the Political Reform Act, but should also consult the Act and Com- mission regulations. The Political Reform Act is setforth at Cal. Gov. Code,~,~81000-91014, and the Fair Political Practices Commission regula- tions.are contained in Title 2, Division 6 of the California Code ofRegulations. Both the Act and regulations are available on the FPPC's web site, www.fppc. ca.gov. Persons with obligations under the Act or their authorized representa- tives are also encouraged to call the FPPC toll- free advice line - I-866ASKFPFC= as far in- advance as possible. Poge 4 interest "on general principles" under the Act. A conflict of interest can only arise from particu- lar kinds of economic interests, which are ex- plained in non-technical terms later in this booklet. If you learn to understand these inter- ests and to spot potential problems, the battle is mostly won because you can then seek help on the more technical details of the law from your agency's legal counsel or from the Califor- nia Fair Political Practices Commission. The Commission's toll free advice line is 1-866-ASK- FPPC ~1-866-275-3772. Under rules adopted by the FPPC, decid- . ing whether you have a financial conflict of in- terest under the Political Reform Act is an eight-step process. If you methodically think through the steps whenever you think there may be a problem, you can avoid most - if not all -mistakes.. These steps are spelled out and explained in general terms in this booklet. If you learn nothing else from this book- let, remember these things: - This law applies only to flnancial con- flicts of interest; that is, conflicts of in- terest arising from economic interests. - Whether you have a conflict of interest that disqualifies you depends heavily on . Fair Political Practices Commission Poge S Eight steps to help ,a~ou decide Step Oae: Are you a "public official-' within the meaning of the rules? Step Two: Are you making, partici- pating in making, or influencing a governmental decision? Step Three: What are your economic interests? That is, what are the possible sources of a financial conflict of interest? Step Four: Are your economic interests directly or indirectly involved in the governmental decision? ', Step Five: What kinds of financial impacts on your economic interests are considered important enough to trigger a conflict of interest? Step Six: The important question: Is it substan- tially likely that the governmental decision will re- sult in one or more of the materiality standards be- ing met for one or more of your economic inter- ests? Step Sevea: If you have a conflict of interest, does the "public generally" exception apply? Step Eight: Even if you have a disqualifying conflict of interest, is your .participation legally ,required? Poge 6 the facts of each governmental decision. - The most important proactive step you can take to avoid coatlict of interest problems is learning to recognize the eco- aomic interests from which conflicts of interest can arise. Here are the eight steps in more detail and a non-technical explanation of each: Public Official Step One --Are tJou a `public official, " within the meaning of the rules? The Act's. conflict-of-interest rules apply to "public officials" as defined in the law. This first step in the analysis is usually a formal- ity -you are probably a public official covered by the rules. If you are an elected official or an employee of a state or local government agency who is designated in your agency's conflict-of- interest code, you area "public official." If you file a Form 700 statement of economic interests (S.E.I.) each year, you area "public official" un- der the Act (Even if you are not required to file a Form 700, in some cases you may still be considered a public official because the defini- ~~ Fair Political Practices Commission Poge 7 tion covers more than specifically designated employees). The cases that are tougher to de- termine typically involve consultants, invest- ment managers and advisers, and public- private partnerships. If you have any doubts, contact your agency's legal counsel or the FPPC. Governmental Decision Step Two --Are rJ. ou making, participating in making, or influencing a governmental decision? The second step in the process is deciding if you are engaging in the kind of conduct regu- lated by the conflict-of-interest rules. The Act's conflict-of-interest rules apply when you: - make a governmental decision (for example, by voting or making an appointment). - Participatein making a governmental deci- sion (for example, by giving advice or mak- ing recommendations to the decision- maker) . - Influence a governmental decision by com- municating with the decision-maker. A good rule of thumb for deciding whether your actions constitute making, participating in Poge 8 making, or influencing a governmental decision is to ask yourself if you are exercising discretion or judgmentwith regard to the decision. If the answer is "yes," then your conduct with regard to the decision is very probably covered. Economic Interests Step Three -- What are rJ. our economic in- terests? That is, what are the possible sources of a financial conflict of interest? From a practical point of view, this third step is the most important part of the law for you. The Act's conflict- of-interest provisions apply only to conflicts of interest arising from economic interests. There are six kinds of such economic interests from which conflicts of interest can arise: "The most important '~I .thing r~ou can do to complrJ, with this law is to learn to recognize the economic interests from which a conflict of interest can arise. " - Bustness Investment. You have an eco- nomic interest in a business entity in which you, your spouse, your dependent children or anyone acting on your behalf has in- vested X2,000 or more. - BustnessEmptoymentordfanagemen~ You have an economic interest in a business entity for which you are a director, officer, r 1 LJ Fair Political Practices Commission Poge 9 partner, trustee, employee, or hold any posi- tion of management. LJ C~ - Reat Property, You have an eco- ~ nomic interest in ~. real property in , which you, your spouse, your de- pendent children or ' anyone acting on your behalf has in- vested $2,000 or more, and also in certain leasehold interests. ~~ - Sources oflncome. You have an economic interest in anyone, whether an individual or an organization, from whom you have re- ceived (or from whom you have been prom- ised) X500 or more in income within 12 months prior to the decision about which you are concerned. When thinking about sources of income, keep in mind that you have a community property interest in your spouse's income -- a person from whom your spouse receives income may also be a source of a conflict of interest to you. Also keep in mind that if you, your spouse or your dependent children own 10 percent of more of a business, you are considered to be receiving "pass-through" income from the business's clients. In other words, the busi- Poge /0 ness's clients may be considered sources of income to you. - Gifts. You have an economic interest in anyone, whether an individual or an organi- zation, who has given you gifts which total $320 or more within 12 months prior to the decision about which .you are concerned. - Personal Financial Effect You have an economic interest in your personal ex- penses, income, assets, or liabilities, as well as those of your immediate family. This is known as the "personal financial effects" rule. If these expenses, income, assets or li- abilities are likely to go up or down by $250 or more in a 12-month period as a result of the governmental decision, then the decision has a "personal financial effect" on you. On the Statement of Economic Interests (Form 700) you file each year, you disclose many of the economic interests that could cause a conflict of interest for you. However, be aware that not all of the economic interests that may cause a conflict of interest are listed on the Form 700. A good example is your home. It is common for a personal residence to be the economic interest that triggers a conflict of interest even though you are not required to disclose the home on the Form 700. Fair Political Practices Commission Poge / / `Public pointed, shout ," whether elected or ap- z`their duties in an impar- zias caused br,~ their own `lie financial interests of e supported them. " %tical Reform Act of 1974 Dinectlr~ or Indirecttt~ Involved? LJ Step Four --Are zJour economic interests directly, or indirectlr,~, involved in the governmen- tal decision? An economic interest which is directly in- volved in -and therefore directly affected by - a governmental decision creates a bigger risk of a conflict of interest than does an economic in- terest which is only indirectly involved in the decision. As a result, the FPPC's conflict-of- interest regulations distinguish. between eco- nomicinterests that are directly involved and interests that are indirectly involved. Once you have identified your economic interests, you must next decide if they are di- rectly involved in the governmental decision Poge /7 about which you are concerned. The FPPC has established specific rules for determining whether each kind of economic interest is di- rectly or indirectly involved in a governmental decision. The details of these rules are beyond the scope of this guide. In general, however, an economic interest is directly involved if it is the subject of the governmental decision. For ex- ample, if the interest is real property, and the decision is whether to grant a permit or vari- - ance on the property, the interest is directly in- volved. If the interest is a business, and the de- cision is whether to grant a license for which the business has applied, the interest is di- rectly involved. These are just examples; you should con- tact your agency counsel, the FPPC and the specific regulations if you have questions as each case arises. Note also that the next step in the analysis -applying the right standard for whether an impact is material -depends in part on whether the interest is directly or indi- rectly involved. The regulations -Sections 18704 through 18704.5 -and other helpful information can be found on the FPPC's web site, www.fppc.ca.gov. • a Fair Political Practices Commission Poge /.? lfsaterialitr~ ~Importance1 Step Five -- What kinds offinancial im- pacts on r~our economic interests are considered important enough to trigger a conflict of interest? At the heart of deciding whether you have a conflict of interest is a prediction: Is it sufficiently likely that the governmental deci- sion will have a material financial effect on your economic interests? As used here, the word "material" is akin to the term "important." You will have a conflict of interest only if it is reasonably foreseeable that the governmental decision will have an important impact on your economic interests. The FPPC has adopted rules for deciding what kinds of financial effects are important enough to trigger a conflict of interest. These rules are called "materiality standards," that is, they are criteria or guidelines for judging what ~ ~ .,_ I~~ Call for toll- free advice at: 1- 866- ASK- FPPC . (1- 866- 275- 3772) ~r SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 ORIGINATING DEPIT: Public Works PREPARED BY: 1 ~ 1 ~1~ AGENDA ITEM: (~) l~~i CITY MANAGER: ~~/~ DEPT HEAD: 1~ ~ SUBJECT: Final acceptance of subdivision pubtic improvements within Tracts 8876, 8896, and 9101 RECOMMENDED ACTION(S): 1. Move to grant final acceptance of the subdivision public improvements within the following subdivisions: a) Tract 8876 b) Tract 8896 d) Tract 9101 2. Move to adopt the following Resolutions rescinding the previously rejected Offers of Dedications and accepting the following roads into the City's publicly maintained street system: a) Resolution accepting dedication of streets within Tract 8876 which includes: Bella Vina. b) Resolution accepting dedication of streets within Tract 8896 which includes: Mina Way, Magnolia Court, and Petunia Court. c) Resolution accepting dedication of streets within Tract 9101 which includes: Sage Court. REPORT SUMMARY: The subdivision public improvements within Tracts 8876, 8896, and 9101 have been completed and satisfactorily maintained by the subdividers for the required one year maintenance/warranty period. Consequently, I am recommending that the City Council grant final acceptance of these improvements and assume the maintenance responsibility for them as contemplated by the Subdivision Improvement Agreements for each Tract. This can be accomplished by adopting the attached Resolutions which rescinds the previously rejected Offers of Dedications made on the Final Maps. y 4 FISCAL IMPACTS: • There will be an increase of approximately $1,700 per year (using figures from the Pavement Management Program) in the City's street and storm drain maintenance expenses as a result of adding these improvements to the inventory of City maintained streets and storm drains. Roughly 400 feet of street for Tract 8876, 780 feet of street for Tract 8896, and 140 feet of street for Tract 9101 will be added to the City's street system. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The subdivision public .improvements would continue to remain as private improvements for which the developers and the individual lot owners within each subdivision would collectively have maintenance responsibility. FOLLOW UP ACTION(S): The Resolutions will be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution Accepting Dedication of Streets for Tract 8876. 2. Resolution Accepting Dedication of Streets for Tract 8896. 3. Resolution Accepting Dedication of Streets for Tract 9101. 4. Tract 8876 Vicinity Map. 5. Tract 8896 Vicinity Map. 6. Tract 9101 Vicinity Map. 2 of 2 r i Recording requested by, and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 36-B- RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT NO. 8876 It appearing that on or about August 5, 1998, the streets, storm drains and other improvements as shown on the hereinafter referred to subdivision map and on approved improvement plans therefore were completed and thereafter were maintained by the subdivider for a period of not less than an additional year from the date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easement as shown on the following described subdivision map: Map of Tract 8876 recorded in book 685 of Maps, Pages 25 and 26 Santa Clara County Records on December 30, 1996 . And as set forth in the City Clerk's certification on said map, is hereby rescinded and the previously rej ected offers of dedication on said map are hereby accepted, except the following: NONE and all of the above streets which are accepted under this resolution are hereby declared to be public streets of the City of Saratoga, County of Santa Clara, State of California. FITRTHER, that certain Warranty/Maintenance Bond posted with the City on September 26, 1996, in the amount of $16,500, is hereby authorized to be released to the subdivider. i The above and foregoing resolution was passed and adopted on the day of 20 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk Recording requested by, and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 36-B- RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT NO. 8896 It appearing that on or about Apri15, 2001, the streets, storm drains and other improvements as shown on the hereinafter referred to subdivision map and on approved improvement plans therefore were completed and therea8er were maintained by the subdivider for a period of not less than an additional year from the date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: • That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easement as shown on the following described subdivision map: Map of Tract 8896 recorded in book 687 of Maps, Pages 47, 48, 49 Santa Clara County Records on May 1 , 199 7 . And as set forth in the City Clerk's certification on said map, is hereby rescinded and the previously rej ected offers of dedication on said map are hereby accepted, except the following: NONE and all of the above streets which are accepted under this resolution are hereby declared to be public streets of the City of Saratoga, County of Santa Clara, State of California. FURTHER, that certain Warranty/Maintenance Bond posted with the City on March 5, 1996, in the amount of $35,000, is hereby authorized to be released to the subdivider. The above and foregoing resolution was passed and adopted on the day of 20 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ASSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk Recording requested by, and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 36-B- RESOLUTION ACCEPTING OFFERS OF DEDIC~ITTON TRACT NO. 9101 It appearing that on or about November 21, 2001, the streets, storm drains and other improvements as shown on the hereinafter referred to subdivision map and on approved improvement plans therefore were completed and thereafter were maintained by the subdivider for a period of not less than an additional year from the date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easement as shown on the following described subdivision map: Map of Tract 9101 recorded in book 711 of Maps, Pages 54 and 55 Santa Clara County Records on January 8 , 199 9 . And as set forth in the City Clerk's certification on said map, is hereby rescinded and the previously rejected offers of dedication on said map are hereby accepted, except the following: NONE and all of the above streets which are accepted under this resolution are hereby declared to be public streets of the City of Saratoga, County of Santa Clara, State of California. FURTHER, that certain Warranty/Maintenance Bond posted with the City on October 16, 1998, in the amount of $13,200 (Receipt No. 43669), is hereby authorized to be released to the subdivider. u The above and foregoing resolution was passed and adopted on the day of 20 , at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk i ~• TF~ACT 8876 Application No./Location: SD-96-001; 13145 Pierce Road Applicant/Owner: BLACKWELL BROTHERS Staff Planner: Heather Bradley Date: July 24, 1996 APN: 503-16-052 Director Approval: 13145 Pierce Load t TRACT 889E •Application No./Location: SD-95-010; 15041 & 15072 Saratoga-Sunnyvale Rd. Applicant/Owner: NAVICO, INC. Staff Planner James Walgren, AICP Date: March 27, ].996 APN: 503-21-009 & 012 Director Approval: /)• 15041 & 150.2 Saratoga-Sunnyvale Ad. ssf 1. i Tf~~ACT 9 ~ Q ~ Applicant No./Location: SD-98-001; 13480 Saratoga Avenue Applicant/Owner: FITZSIA~fONS Staff Planner: Heather Bradley Date: May 27,1998 APN: 389-34-003 ~ Department Head: 13480 Saratoga Avenue 1 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: Fl~~ ~ PREPARED BY: John F. Livingstone, AICP DEPT HEAD: ~ ,. _ SUBJECT: Proposed Resolution initiating the Ordinance to designate Austin Way a Heritage Lane. RECOMMENDED ACTION: Staff recommends that the City Council conduct the public hearing, adopt the proposed Resolution, and agendize the proposed Ordinance for the next available City Council meeting. REPORT SUMMARY: The Heritage Preservation Commission recommended to the Planning Commission that Austin Way be designated a Heritage Lane. On July 24, 2002 the Planning Commission adopted a resolution recommended the City Council adopt an Ordinance designating Austin Way a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overlay on the existing single-family residential district for Austin Way. The intent of the ordinance is to preserve the existing i~rick roadway and hopefully restore the portions that have been patched with asphalt. Staff is hoping that the Heritage Lane Designation will increase the possibility of obtaining a grant to assist with the preservation and maintenance of the existing brick roadway. In an effort to not limit improvements to the existing exposed brick portion, staff is recommending that all of Austin Way be designated as a Heritage Lane. PROJECT BACKGROUND: Initially one of the neighbors who lives on Austin Way started a petition to have the street dedicated a Heritage Lane. The applicant had obtained support from six neighbors when the momentum for the project slowed. Early this yeaz the Heritage Preservation Commission voted to initiate the process and subsequently started the application process. On April 30, 2002 staff mailed a notice of the intent to designate Austin Way a Heritage Lane to every neighbor who has property adjacent to Austin Way. Some of the properties were only connected to Austin Way by a flag lot or in some cases the main part of the lot was located in a neighboring City. In all a total of 16 property owners where sent letters. In order for the recommendation from the Heritage Preservation Commission to proceed to the Planning Commission no more than forty-one percent of the owners could object to the proposal. 1 Staff received two letters of objection to the proposal within the required 45-day period and one letter after the 45-day period. The three letters would .only total 18%, therefore allowing the proposal to continue to the Planning Commission for review. NEIGHBORHOOD FEEDBACK: A total of 151etters were sent to staff concerning the proposed designation. Three of the letters are included in the Planning Commission Staff Report, and 12 were given to the Commission at the July 24, 2002 Planning Commission meeting. Of the 15 letters received, three were not in support of the designation, two were in support but were not supportive of the 10-foot review area, and ten were in support of the proposed ordinance. All of the letters aze attached to this report. ORDINANCE: Some of the feedback received from the neighbors that objected to the Heritage Lane designation was the additional review of modifications to their homes by the Heritage Preservation Commission. The notice sent to the neighbors was explicit about this additional requirement. The current code for a Heritage Lane allows the Heritage Preservation Commission to review and comment upon all planning entitlement applications and applications for building; demolition, grading or tree removal permits involving work to be performed upon or within a designated Heritage Lane. The Heritage Preservation Code also allows the Planning Commission to include such regulations or controls over the designated property, as the Planning Commission deems reasonably necessary for the conservation and preservation of the roadway. Staff is recommending that any significant landscaping, paving, or construction, such as fences walls or drainage within 10 feet of a property line directly adjacent to Austin Way be subject to review by the Heritage Preservation Commission. The only other designated Heritage Lane is Saratoga Avenue. Saratoga Avenue has several historic structures fronting along the roadway. Austin Way has no historic structures designated on the City of Saratoga's Historic Resource list. Staff feels that in this particular circumstance the additional level of review for properties on Austin Way is not necessary and that the review of projects only within 10 feet of the roadway would be sufficient to preserve the proposed Heritage Lane. HISTORY: Sazatoga's Austin Way used to be part of the main road between Sazatoga and Los Gatos. In 1940 the highway was realigned to eliminate the hazardous curves where Bainter Avenue and Quito Road intersect it. Austin Way commemorates Daniel B. Austin, a California pioneer who bought acreage in this area in 1882 and was the co-founder of a winery that was located neaz Austin Comers. He also helped establish the school that was named after him. _ The interurban tracks of the Peninsulaz Railway ran alongside the highway. The trolley line was in operation from 1904 to 1933, linking the towns of the central Santa Claza Valley. The Sazatoga segment of Austin Way is one of the very few remaining sections of brick highway paving to be found. It is the goal of the Saratoga Heritage Preservation Commission to have Austin Way designated a Heritage Lane to ensure that the picturesque surface will not become just another section of asphalt. GENERAL PLAN CONSISTENCY: The proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Hi~hwav Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Oc-Encourage the preservation ofthe width and appearance ofthose roads designated as heritage resources by the City FINDING/CRITERIA: In order to designate a roadway a Heritage Lane, the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history ofthe City, the County, the State or nation,' or It embodies distinctive characteristics ofa style, type, period or method of construction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara County's history. Austin Way's brick roadway is one of the last remaining brick roadways and exemplifies distinct characteristics and style. ALTERNATIVES: The Council may amend the proposed ordinance to remove the restriction requiring that any significant landscaping, paving, or construction, such as fences walls or drainage within 10 feet of a property line directly adjacent to Austin Way be subject to review by the Heritage Preservation Commission. 3 FISCAL IMPACTS: Due to the nature of the brick, the roadway has needed almost no maintenance compazed to what is typically required for asphalt roads. However, as part of the Heritage Designation, areas of the brick that were patched with asphalt could be removed and the brick restored. This would constitute a short-term increase in maintenance costs to the road. The costs of the signs designating the Heritage Lane have been accounted for in the Heritage Preservation Commission's budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to adjoining landowners, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: 1. Resolution initiating the designation of Austin Way as a Heritage Lane 2. Proposed Ordinance designating Austin Way. a Heritage Lane 3. Planning Commission Staff Report and attachments from July 24, 2002 4. Minutes from Planning Commission meeting of July 24, 2002 5. Letters from neighbors presented to the Planning Commission July 24, 2002 4 RESOLUTION NO.02- RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF SARATOGA INITIATING FINAL DESIGNATION OF AUSTIN WAY A HERITAGE LANE WHEREAS, the Heritage Preservation Commission has on its own initiative considered designating Austin Way as a Heritage Lane and has held several public meetings to consider said designation and has recommended that said designation be adopted by the Ciry Council; and WHEREAS, the Heritage Preservation Commission mailed written notice of its recommendation to each person whose name appeared on the latest available County tax roll as owning property abutting Austin Way describing the designation and advising the recipients of their right to file written objections to the proposal and written objections were received from 18 percent of the affected landowners; and WHERAS, the recommendation of the Heritage Preservation Commission was forwarded to the Planning Commission which conducted a public hearing on the proposed designation after mailing notice of the hearing to each person whose name appeared on the latest available County tax roll as owning property abutting Austin Way; and WHEREAS, following the public hearing on the proposed designation the Planning Commission recommended that the Ciry Council approve the proposed designation by adopting the ordinance attached hereto as Attachment 2; and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission, the report and recommendations of the Heritage Commission, the information and documentation pertaining thereto, and the correspondence from the public concerning the proposed designation. Written objections were received from 18 percent of the affected landowners and considered by the Heritage Preservation Commission. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga does hereby: 1. Determine that Austin Way should be considered for designation as a Heritage Lane; 2. Initiate final designation proceedings for Austin Way; 3. Direct the City Clerk to schedule a public hearing on the proposed designation at the next available City Council meeting after notice maybe given and no more than 60 days from the date of this resolution; and 4. Direct that no action be taken by the City within the next 120 days that would cover or remove the exposed brickwork on Austin Way. The foregoing resolution was adopted by the following vote on the 4`h day of September 2002. AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk r1 L_J ORDINANCE No. AN ORDINANCE DESIGNATING AUSTIN WAY AS A HERITAGE LANE AND MAHING CERTAIN CONFORMING AMMENDMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS; the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331 ~ "Historical Resource Restoration/Rehabilitation",Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; WHEREAS; the proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Hiehwav Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Sazatoga through street design and landscaping. CI68.Oc-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City Section 1. Findings. A. The City of Saratoga City Code provides that a roadway may be designated as a heritage lane if it satisfies certain criteria set forth in the City Code; and B. These criteria include: Exemplifying or reflecting special elements of the cultural, social, economic, political, aesthetic, engineering or azchitectural history of the City, the County, the State or nation; and Embodying distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; and Retaining a substantial degree of azchitectural and structural integrity with respect to the original design. . 1 Ordinance No. C. The City of Sazatoga Heritage Preservation Commission has determined that Austin Way, a brick roadway built in 1904, meets the above stated criteria in that it represents a special element of Sazatoga and Santa Clara County's history and because it is one of the last remaining brick roadways in Sazatoga and exemplifies distinct characteristics and style while retaining the architectural and structural integrity of the original design. D. The City Council has reviewed the report of the Heritage Preservation Commission and the recommendation of the Plarming Commission and, following a duly noticed public heazing and consideration of all testimony and evidence therein presented, has concluded that Austin Way meets the criteria for designation as a Heritage Lane and shall be designated as such. Section 2. Designation of a Heritage Lane. A. Austin Way, a public roadway in the City of Sazatoga at the location shown in Attachment 3, is hereby designated as a heritage lane. Notwithstanding the permit requirements established by Article 13-20 of the City Code, the a permit shall be required pursuant to that article only to the following actions occurring on or within 10 feet of Austin Way: any paving, construction (such as fences, walls, or drainage) or removal or destruction of any protected tree as that . term is defined in section 15-50.050 of the City Code. B. The Saratoga Heritage Resource Inventory is hereby amended to list Austin Way as a heritage lane and to describe the actions requiring a permit as set forth in section 2.B of this ordinance. Section 3. Conforming Amendments to the Sazatoga City Code. The Saratoga City Code is hereby amended as shown below. A. Section 13-20.010 of the Sazatoga City Code is amended as follows (any text inserted by this amendment is indicated in bold, double-underlined font exam_~le); any text deleted by this ordinance is indicated in strikeout font (e*an~p4e); text in standard font is unchanged by this ordinance): It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmazk or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate 2 Ordinance No. • any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article. provided, however, that the fore~oine requirements shall not anolvwhen alternative Hermit requirements for a oecific historic landmark. heritage lane, or historic district have been oecified by the ordinance desinttatine the landmark. lane, or distric . B. Section 15-10.010 ofthe Sazatoga City Code is hereby amended to add the following subsection to the list of districts established by Chapter 15 (Zoning Regulations) of the City Code: (I) H: Historic Resource Overlay District showing location of historic landmarks, heritage lanes, and historic districts. C. The zoning map of the City of Sazatoga is hereby amended to establish a Historic Resource Overlay District at Austin Way in the location illustrated in Exhibit A hereto. Section 4. Publication and Noticing. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. A copy of the Ordinance shall also be sent to the Heritage Preservation Commission, Planning Commission, Saratoga Historical Foundation, Santa Clara County Historical Heritage Commission, and the California State Historic Preservation Officer, and all adjacent property owners. The City Clerk shall record notice of the designation in the office of the Santa Clara County Recorder. The foregoing Ordinance was introduced at a regular meeting ofthe City Council ofthe City of Saratoga held on the _ day of , 2002, and adopted by the following vote following a second reading on the _ day of ~, 2002: AYES: NOES: ABSENT: 3 Ordinance No. NICK STREIT, MAYOR, CITY OF SARATOGA ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 4 Ordinance No. • ITEM 3 u REPORT TO THE PLANNING COMMISSION Application No./Location: App # 02-127/ Austin Wa}' Applicant/Owner: City of Saratoga Staff Planner: John F. Livingstone, Associate Planner~~~ Date: July 24, 2002 c APN: N/A Department HeacJ AUSTIN WAY ()UU(3~1 STAFF ANALYSIS ZONLNG: R-1-40,000 (Single Family Residential) GENER4L PLAN DESIGNATION: RVLD Residential Very Low Density) RHC (Residential Hillside Conservation) MEASURE G: Not applicable PARCELSIZE: Not applicable AVERAGE SITE SLOPE: Approximately 5% GRADING REQUIRED: No significant grading will occur. ENVIRONMENTAL DETERMINATION The proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitatiori',Clxss 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources. PROJECT DISCUSSION The Heritage Preservation Commission is recommending to the Planning Comrission that Austin Way be designated a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overlay for the existing single-family residential district. The intent of the ordinance is to preserve the existing brick roadway and hopefully restore the portions that have been patched with asphalt. Staff is hoping that the Heritage Lane Designation will increase the possibility of obtaining a grant to assist with the preservation and maintenance of the existing brick roadwa}'. In an effort to not limit improvements to the existing exposed brick portion, staff is recommending that all of Austin Way be designated as a Heritage Lane. PROJECT BACKGROUND Initially one of the neighbors who lives on Austin Way started a petition to have the street dedicated a Heritage Lane. The applicant had obtained support from six neighbors when the momentum for the project slowed. Early this year the Heritage Preservation Commission voted to initiate the process and subsequently started the application process. On Apri130, 2002 staff mailed a notice of the intent to designate Austin Way a Heritage Lane to every neighbor who has property adjacent to Austin Way. Some of the properties were only connected to Austin Way by a flag lot or in some cases the main part of the lot was located in a 0~~0~~. File No. 02 I27 Austi 'ay neighboring City. In all a total of 16 property owners where sent letters (Attachment #3). In order for the recommendation from the Heritage Preservation Commission to proceed to the Planning Commission no more than forty-one percent of the owners could object to the proposal. Staff received two letters of objection to the proposal within the required 45-day period and one letter after the 45-day period (Attachment #4). The three letters would only total 18°ro, therefore allowing the proposal to continue to the Planning Commission for review. ORDI?\ANCE Some of the feedback received from the neighbors that objected to the Heritage lane designation was the additional review of modifications to their homes by the Heritage Preservarion Comtission. The notice sent to the neighbors was explicit about this additional requirement. The current code for a Heritage Lane allows the Heritage Preservation Commission to review and comment upon all planning entitlement applications and applications for building, demolition, grading or tree removal permits invoking work to be performed upon or within a designated Heritage Lane. The Heritage Preservation Code also allows the Planning Commission to include such regulations or controls over the designated property, as the Planning Commission deems reasonably necessary for the conservation and preservation of the roadway. Staff is recommending that an}' significant landscaping, paving, or construction within 10 Eeet of a propert}' line directl}' adjacent to Austin W'a}' be subject to review b}' the Heritage Preservation Commission. The only other designated Heritage Lane is Saratoga Avenue. Saratoga Avenue has several historic structures fronting along the roadway. Austin Way has no historic structures designated on the City of Saratoga's Historic Resource list. Staff feels that in this particular circumstance the additional level of review for propemes on Austin Wa}' is not necessar}~ and that the review of projects only within 10 feet of the roadway would be sufficient to preserve the proposed Heritage Lane. HISTORY Saratoga's Austin Way used to be part of the main road between Saratoga and Los Gatos. In 1940 the highway was realigned to eliminate the hazardous curves where Bainter Avenue and Quito Road intersect it. Austin Way commemorates Daniel B. Austin, a California pioneer who bought acreage in this azea in 188? and was the co-founder of a winery that was located near Austin Corners. He also helped establish the school that was named after him. The interurban tracks of the Peninsulaz Railway ran alongside the highway. The trolley line was in operation from 1904 to 1933, linking the towns of the central Santa Clara Valley. The Saratoga segment of Austin Way is one of the very few remaining sections of brick highway paving to be found. It is the goal of the Saratoga Heritage Preservation Commission to have Austin Way designated a Heritage Lane to ensure that the picturesque surface will not become just another section of asphalt. C:\MyDxumenrs\Jolm L\H~A~onWay\PCSraHRepo~tdoc OOOOO~ File No. 02-127,•Ausra.. Jay GENERALPL4.N CONSISTENCY The proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the presere•ation of the road. Circulation and Scenic Highwa~lement CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Oc-Encourage the preservation of the width and appearance of those roads designated as heritage resourcesby thecity FINDINGS/CRITERIA In order to designate a roadway a Heritage Lane, the road .must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: ]t exemplifies or reflects sperial elements of the cultural, social, economic, political, aesthetic, engineeringorarchitecturalhistory of thecity, theCowtry, theState ornation; or It embodies distinctivecharacteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara County's history. Austin Wa}''s brick roadwa}~ is one of the last remaining brick roadways and exemplifies distinct characteristics and style. STAFF RECOMMENDATION Staff recommends the Plantung Commission recommend to the City Council approval of the Heritage Lane Designation for Austin Way by adopting the attached Resolution recommending the attached draft Ordinance to the City Council. Attachments 1. Planning Commission Resolution ?. City Council Ordinance 3. Letter to neighbors 4. Letters from neighbors 5. Historic Photo C\MyDocumen¢\JoM L\HPC~P.ustin Way\PCSta((Report doc OOO~O - Attachment 1 APPROVAL OF RESOLUTION NO.02-040 CITY OF SARATOGA PLANNING COMMISSION RECOMMENDATION TO TFiE CITY COUNCIL TO DESIGNATE AUSTIN WAX A HERITAGE LANE STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received a recommendation from the Heritage Preservation Commission to designated Austin Way as a Heritage Lane; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation", Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; WHEREAS, the applicant has met the burden of proof required to support said application for a Heritage Lane, and the following findings have been determined: In order to designate a roadway a Heritage Lane the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or nation; or It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials. l__J Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara Counri~'s history. Austin Way's brick roadway is one of the last remaining brick roadw~a_vs--and exemplifies distinct characteristics and style. -. WHEREAS, the proposed project is consistent with the City of Saratoga's General Plan required to support said application for a Heritage Lane, and the following findings have been determined: The proposed Ordinance (Attachment #2) is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Highwau Element C7.3.30-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI.8.0-Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City Now, THEREFORE, the Plaruung Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration the application to designate Austin Way as a Heritage Lane is hereby recommended to the City Council for approval. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 24th day of July 2002 by the following roll call vote: AYES: BARRY, HUNTER, JACKMAN, KURASCH, ROUPE NOES: ABSENT: ZUTSHI, GARAKANI ABSTAIN: ~ "~ Chair, Planning Commission ATTEST: Secretary, Planning Commission ~J C~ oRDINANCE No. oz- Attachment 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA DESIGNATING AUSTIN WAY A . HERITAGE LANE WHEREAS; the Heritage Preservation Commission and Planning Commission have recommended to the Ciry Council that Austin Way be designated a Heritage Lane. The proposed Ordinance will create a Heritage Lane zoning overlay for the existing single-family residential district and; WHEREAS; the proposed project designating Austin Way as a Heritage Lane is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation", Class 31 of the Public Resources Code (CEQA). 11us exemption allows for the restoration and preservation of historic resources and; WHEREAS; the proposed Ordinance is consistent with the following General Plan Goals and Policies in that the Heritage Lane Designation will protect the aesthetics and ensure the preservation of the road. Circulation and Scenic Hiehway Element CI.6.60a-Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI68.Oc-Encourage thepreservation of the width and appearance of those roads designated as heritage resources by the Ciry WHEREAS; in order to designate a roadway a Heritage Lane, the road must meet a minimum of two findings stated in Section 13-15.010 of the Heritage Preservation Chapter 13. In this case the proposed Heritage Lane meets all of the criteria listed in the above referenced section including the following: It exemplifies ar reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or nation; or It embodies distinctive characteristics of astyle, type, period or method of construction, or is a valuable example of the use of indigenous materials. Austin Way's brick roadway was built in 1904 and meets the above stated criteria in that it represents a special element of Saratoga and Santa Clara County's history. Austin Way's brick roadway is one of the last remaining brick roadways and exemplifies distinct characteristics and style. NOW, THEREFORE, that the City Council of the City of Saratoga does hereby deems Austin Way a Heritage Lane and subject to only the following: ~~00~~ That any significant landscaping, paving, or construction, such as fences walls or drainage within 10 feet of a property line directly adjacent to Austin Way be subject to review by the Heritage Preservation Commission. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the Ciry of Saratoga within 15 days after its adoption. A copy of the Ordinance shall also be sent to the Heritage Preservation Commission, Plamung commission, Saratoga Historical Foundation, Santa Claza County Historical Heritage Commission, and the California State Historic Preservation Officer, and all adjacent property owners. The foregoing ordinance was introduced and read at the regular meeting of the Ciry Council of the City of Saratoga held on the _`h day of ! 2002, and was adopted by the following vote following a second reading on the day of _, 2002. AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk _ _ APPROVED AS TO FORM: Richard Taylor, City Attorney C~ - Attachment 3 ~~~~ 0~ ~ ~ ~ ~ ~0~~ 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (40S) 86S•1300 Incorporated October 22, 1956 April 30, 2002 RE: Designation of Austin Way as a Heritage Lane Dear Sir or Madam: COUNCIL SSEh1BERS: Evan Bake Sfan Bogosran Jonn MenaHey Nrck Srre:: Ann WaROnsmrtn The City of Saratoga's Heritage Preservation Commission is recommending that all of Austin Way be designated. as a Heritage Lane. The intent of the Heritage Preservation Commission's proposal is to preserve the brick roadway. As part of the designation the condition that any building or additions to homes, demolition, grading, or tree removal permits would be reviewed by the Heritage Preservation Commission as stated in Section 13-10.050 (e) of the enclosed Municipal Code. Ordinary maintenance and repair would not require review. __ The bricks on Austin Way were laid around 1904 when the Railway ran alongside Austir~ Way. The trolley line connected Saratoga to San Jose and was in operation to 1933. The Heritage Preservation Commission's goal is to have Austin Way designated as a Heritage Lane, thereby ensuring that the picturesque surface is preserved for years to come. Written objections to the proposal must be filed within 45 days from the date of this notice to the Heritage Preservation Commission. If you have any questions please contact me at 408.868.1231. Sincerely, ~ John F. Living one Associate Planner Enclosures 1. Copy of map showing Austin Way and brick area 2. Copy of Ordinance Section for Heritage Lanes • ooooos ~. i~ ~ ~ ~ ~ i ~' -~ Lis c~T s M~ ~~ ~. w-~, ~ ~ 000010 RD ~~ ~ :~~ ,~~-~~,~ _ ... ,. .. ,~ ,~ SUNNYSIDE Attachment 4 r~fav 23, zooo~ RE: Designation of Austin Way as a Heritage Lane Mr. John Livingstone 13777 FntirvaleAvenue Saratoga, California - 95070 Dear Mr. John Livingstone, After reviewing your recent letter regazding the designation of the Austin Way as a Heritage Lane, we have decided to strongly and respectfully object to the proposal on the following basis: 1. The briclu on Austitl Way significantly contribute to increased amounts of wear and tear on automobiles that travel on this road daily. 2. The bricks create a significantly higher level of noise as compazed to other paved roads. 3. It would introduce additional government control over the immediately affected taxpayer progenies by the need for additional and unnecessary petmiu and possibly fees (unfair taxation). It is incomprehensible the cultural value that a brick road will have on iu citizens and the potential value that it w171 bring to their progenies. u We would instead kindly suggest that the brirlts be covered to eliminate the two problems described above. Sincerely, . Flavio S. DeGlscilhos 15705 LANCASTER ROAD MONTE SER ENO, CALIFORNIA - 95010 J OoO~~A Stephen D. Hall 19201 Bountiful Acres Saratoga, CA 95070 May 9, 2002 Heritage Preservation Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 }3E: Designation of Austin Wav as a Heritage Lane Members of the Heritage Preservation Commission: I received the enclosed letter from the City of Saratoga recently and am writing to object to the proposal to designate Austin Way as a Heritage Lane. The reasons for my objections are both because I am a property owner that may be affected and because I am a taxpayer and resident of Saratoga. As a property owner, I do not believe the Ordinance should include our property at all. To begin with, our property fronts on Bountiful Acres and has a Bountiful Acres address. Only the Northwest side or our property is on Austin Way. Secondly, our home was built in or around 1975, hardly a "heritage" house by anyone's definition. To cause this house to fall under that designation seems totally inappropriate. Although that portion of Austin Way that is bricked may have historical significance, the homes on or near it almost certainly do not. Wouldn't it be easier and less onerous to simply designate the brick portion of Austin Way a Heritage Lane? I am also very concerned about the additional governmental review and approval process this will present to homeowners affected by this act. We currently have a very diligent Planning Commission in Saratoga and adding another review body to this would cost a property owner more time and more money and take a bit more of his discretion as a property owner away from him. We are long-time residents of Saratoga (1979). We have raised our four children here and have enjoyed its beauty and unique rural charm. We have also enjoyed Saratoga for its quietness, lack of restrictions and freedom to do as we wish as property owners and residents. Let's make sure we preserve those values as well. Sincerely, ~~ 000012 John Livingstone From: Mike Garakani [mike.garakani@exar.comj Sent: Friday, May 31, 2002 11:24 AM To: john)@saratoga.ca.us Subject: Designation of Austin Way as a Heritage Lane Hi John, with reference to the recent proposal by Heritage Preservation Commission, I do not have any objections to preserve the brick roadway and fix the damaged areas with the same or similar material. However, 2 do object the designation of Austin Way as a Heritage Lane. Regards, Mike Garakani 19061 Austin Way Saratoga, CA 95070 000013 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 000014 Attachment S 000015 CJ THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK ooooss r_ -. `: ~ G . ~~ ~ ~J ~ y~ MINUTES ~'' SARATOGA PLANNING COMMISSION DATE: Wednesday, July 24, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:03 p.m. ROLL CALL Present: Commissioners Barry, Hunter, Jackman, Kurasch and Roupe Absent: Commissioners Garakani and Zutshi Staff: .Director Tom Sullivan, Associate Planner John Livingstone, Planner Lata Vasudevan and Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of July 10, 2002. Motion: Upon motion of Commissioner Roupe, seconded by regular Planning Commission minutes of July 10, submitted with a minor corrections on pages 7 and 11. AYES: Barry, Jackman, Kurasch and Roupe NOES: None ABSENT: Garakani and Zutshi ABSTAIN: Hunter REPORT OF POSTING AGENDA Commissioner Barry, the 2002, were approved as Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 18, 2002. REPORT OF APPEAL RIGHTS Chair Jackman announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). ORAL COMMUNICATIONS There were no oral communications Saratoga Planning Commission Minutes of July 24, 2002 Pase 10 Commissioner Kurasch said that she has no support for the five foot fence but rather supports conformance with the Public Works requirements. Wondered how many other fences aze located within the public right-of-way. Since it is public property, the City has to be cazeful how it is used. Commissioner Hunter concurred. Commissioner Barry also concurred. She added that the three-foot fence would be fine and look nice. Commissioner Roupe said that he supports the concept of the three-foot high fence. He added that no new information has been presented to change the original decision and that he will stand by the original decision. Chair Jackman concurred. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Barry, the Planning Commission upheld the original Conditions and denied a request for a Modification of Approved Project for 14771 Montalvo Road. AYES: Barry, Hunter, Jackman, $urasch and Roupe NOES: None ABSENT: Garakani and Zutshi ABSTAIN: None Chair Jackman allowed Mr. Medhi Siadat to address the Commission. • Mr. Medhi Siadat, Applicant and Property Owner, 14771 Montalvo Road, Sazatoga: • Declared that his property was a piece of trash before he owned it. • Said that he is being penalized with the limit to a three-foot high fence. *** PUBLIC HEARING -ITEM N0.3 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) Associate Planner John Livingstone presented the staff report as follows: • Stated that the Heritage Preservation Commission is recommending that Austin Way be designated a Heritage Lane, creating a Heritage Lane Zoning Overlay. • Advised that 15 communications were received. Three were included in the packet and the remainder distributed this evening. Three were not in support. Two were in support of the preservation of the brick roadway but were not supportive of the 10-foot review area. Ten were in support. • Added that the intent is to protect and preserve the brick roadway. The Heritage Lane designation would allow the City to obtain grants for the preservation and maintenance of the brick road. The proposal is that all of Austin Way be designated as a Heritage Lane. Although the old brick road is . not visible along the entire street, efforts will be taken to see if there is any old brick roadway covered up further up the road. Saratoga Planning Commission Minutes of July 24, 2002 Page 11 • Pointed out that Austin Way is also located across Highway 9 but that portion of the street is located in Monte Sereno and would not be included in this Heritage Lane Overlay. • Informed that Austin Way is named in honor of Daniel B. Austin, who bought the property in 1882. and co-founded a winery. A local school is named in his honor. • Said that the Saratoga segment is one of the few brick paved highways left. • Stated that the project meets necessary criteria and is consistent with the City's General Plan. . • Recotrtmended that the Commission forward a recommendation of approval to Council. Commissioner Hunter advised that there is akeady one Heritage Lane, Saratoga Avenue. The Heritage Preservation Commission reviews changes to the homes on that street. Asked if that would also be true in this case. Associate Planner John Livingstone advised that the Section in the Ordinance allows flexibility. On Saratoga Lane the homes are reviewed because these are historic homes. There are no designated historic homes along Austin Way. The only section of these properties that would be subject to review for any major changes is the 10 feet closest to the public right-of-way. Comrrtissioner Hunter pointed out that some letters indicate a concern over the impacts of this Heritage Lane Overlay on their homes. Associate Planner John Livingstone advised that any significant changes within 10 feet of the road would require review. Commissioner Roupe reminded that there are no historic homes. Added that any fences already in place would be grandfathered and could be maintained and/or repaired. Associate Planner John Livingstone said that Commissioner Roupe is correct. Commissioner Kurasch asked if there are any additional restrictions on use of property as a result of Heritage Lane Overlay and if the residents would be looking at any additional costs, fees or surcharges. Associate Planner John Livingstone replied that there would be no direct costs imposed on the residents. Staff did budget some funds to place new signs commemorating the Heritage Lane designation. Additionally, any future patches would be more expensive for the City to install because the patches would have to be done in brick rather than asphalt. Commissioner Kurasch asked for the right-of-way distance. Associate Planner John Livingstone replied that the right-of-way is 40 feet. The brick road itself is ~J8 to 20 feet wide but the City owns 40 feet. There could be up to 10 feet of City-owned shoulder on each side of the brick roadway. The proposed Heritage Lane designation would add another 10 feet on the private property for review when any major construction is proposed such as walls and fences. Commissioner Hunter suggested limiting truck traffic on this brick road and asked if these large trucks cause damage to the bricks. Associate Planner John Livingstone said that he did not know the answer to that question but that the Safety Commission could look into that matter and consider establishing limits. Saratoga Planning Commission Minutes of July 24, 2002 Pase 12 Director Tom Sullivan pointed out that the street is used for construction access as well as weekly gazbage collection and that these vehicles would have to continue to have access to provide these uses. Associate Planner John Livingstone advised that the Chair of the Heritage Preservation Commission is present as well as another member of the Commission. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 8:56 p.m. Ms. Neema Malhotra, 19088 Austin Way, Saratoga: • Asked whether it is known if this designation would affect property values in either a negative or positive way. Commissioner Hunter replied that the designation adds character and is a wonderful distinction. Informed that this is an original road between Los Gatos and Saratoga. Chair Jackman said that she believes the Heritage Lane designation would probably raise property values. The other street so designated is Sazatoga Avenue. Ms. Neema Malhotra asked about additional restrictions. Chair Jackman restated that the only area requiting review is the 10 feet of private property adjacent to the public right-of-way. . Commissioner Barry added that the Heritage Preservation Cotmission would review only major changes. Commissioner Hunter pointed out that driving on brick roads slows traffic down. Mr. Vino Malhotra, 19088 Austin Way, Saratoga: • Stated that he is against the proposed Heritage Lane designation because there is no historic significance. There aze no structures, homes and/or landmarks on this street. • Added that it is unclear what the City will do to the public right-of-way. • Said that he finds this would create an unnecessary burden of additional review processes. • Suggested limiting the designation simply to the 40 feet of public right-of-way. Mr. Tom Keeble, 19041 Austin Way, Saratoga: • Said that he has lived on Austin Way for 18 years and started a petition to preserve the brick road several yeazs ago when he began noticing that repairs to the brick road were being performed with asphalt. • Advised that he is interested in preventing repairs of the brick road with asphalt in the future. • Responded to concerns raised about the noise of driving on this road by stating that as long as posted speeds aze met, there is no noise impact. Speed driving on the road does increase its noise levels. • Added that the concerns mentioned about weaz and tear on vehicles from the brick road do not have . merit. The road is but 700 feet long and will not increase wear and tear of vehicles in any significant way. Saratoga Planning Commission Minutes of July ~4, 2002 Paee 13 • Pointed out that this is a 98-year-old brick road and that the only thing that has been done over the last 18 years is the painting of double yellow lines twice. •__Encouraged the Commission to pass the proposal on to Council with a recommendation of approval. . Commissioner Kurasch asked Mr. Keeble if he feels this road is significant. Mr. Tom Keeble replied yes. Commissioner Hunter told Mr. Keeble that she was serving on the Heritage Preservation Commission when he first brought forward his-idea to preserve this brick road and thanked him for his efforts. Mr. Willys Peck, 14275 Saratoga Avenue, Saratoga: Said that he resides on the only existing Heritage Lane. • Stated that this designation involves a trade off. • Said that he does not argue with opponents concerns about the wear on cars but said that if something is worth preserving, doing so can involve a trade off. • Informed that the Heritage Lane designation for Saratoga Avenue came about because of rumors of plans to widen it. Mr. Larry Fine circulated a petition. • Proposed that the Commission preserve this scenic resource which he refers to as the "mellow brick road." • Added that the inconvenience can be offset by historic value of this roadway. It is worth preserving some pieces of our historical past. • Stated that he was disappointed when Monte Sereno paved over the only existing portion of the trolley tracks there. • Advised that he has lived here all of his life and had ridden the streetcars when they were there. Commissioner Roupe asked Mr. Peck if he felt that his property value decreased or increased with the Heritage Lane designation for Saratoga Avenue. Mr. Willys Peck replied that he cannot offer an opinion but pointed out that he paid $12,000 for his home in 1951 and it was not so long ago appraised for $1.2 million. Commissioner Barry asked Mr. Peck, along-time member of the Heritage Preservation Commission, whether he has any concerns that the Heritage Preservation Commission and/or City will be difficult with property owners over the 10 feet adjacent to the public right-of-way and what kinds of things they might recommend against. Mr. Willys Peck replied that the HPB would probably not look at much more than fences. Commissioner Kurasch asked about the long-term effect if the brick road is not designated a Heritage Lane. Mr. Willys Peck answered that it would likely be repaved with asphalt and at some point redone altogether. Added that other brick sections along Saratoga-Sunnyvale Road have already been taken out. Saratoga Planning Commission Minutes of July 24,.2002 Page 14 Commissioner Hunter pointed out that people who deal with the Heritage Preservation Commission get the opportunity to speak with Mr. Peck, the Town's historian. Mr. Deon Glajchen, 19100 Austin Way, Saratoga: • Thanked the Commission for their time. • Said that he submitted an email and is supportive of the concept to preserve the historic road but has concerns about the 10-foot restriction. • Added that he understands the spirit but is not sure why any restrictions are required for the 10 feet of private property. • Asked what is meant by major construction and whether it would impact plans to enlarge a fence. • Suggested that any proposed restrictions be clearly stated now. • Pointed out that the section of Austin Way across from the Fire Station serves as a pazking area for construction vehicles and that is something that should be looked into. • Agreed that sticking to posted speeds would prevent noise issues from driving on this brick road. Commissioner Roupe said that the road itself is 20 feet wide. There is a 10-foot City right-of-way on both sides of the street and the 10 feet directly adjacent on the private property to the public right-of- way would require review for major construction. Agreed that the parking near the Fire Station is unsightly but pointed out that it is not within Saratoga jurisdiction. Associate Planner John Livingstone said that it is in the Caltrans right-of-way. Commissioner Roupe suggested asking Caltrans to post this azea as no parking if possible. Commissioner Barry asked Mr. Glajchen to be more specific about his plans to enlarge his fence. Added that there may be existing Codes that apply already to his plans. Mr. Deon Glajchen agreed that existing Codes may exist but restated that it may not be necessary to impose additional restrictions on the 10 feet of private property adjacent to the roadway. Commissioner Barry said that having review of the first 10 feet is simply an insurance. Mr. Deon Glajchen said that it would represent a burden on the property owners and that he fails to see the value in such added restrictions. Commissioner Barry asked Mr. Glajchen what he sees as being onerous with this requirement. Mr. Deon Glajchen replied that it simply represents additional restrictions that don't exist elsewhere in Saratoga. Associate Planner John Livingstone clarified that significant changes includes only landscaping, paving or construction. This would not include the planting of annuals but rather structures such as walls. Added that there is already a limit to the amount that can be done anyway as it is within this setback area. Commissioner Hunter reminded that the Heritage Lane designation will allow the City to apply for grants to return Austin Way's brick road to its original state. Saratoga Planning Commission Minutes of July 24, 2002 Pase 1 Associate Planner John Livingstone assured that the 10-foot review area does not represent an easement and really only affects the installation of fences, colored paving or driveways. It is very limited in scope but is intended to prevent extreme things from happening. Mr. Deon Glajchen asked if the Commission has that jurisdiction now. Associate Planner John Livingstone replied no. As long as a wall is three feet high or less only a Building Permit is required. Mr. Deon Glajchen stressed his belief that this requirement is too open ended and he still has concerns. Commissioner Kurasch said that there are very limited things that can be done now within that 10 feet other than a wall or fence. Commissioner Roupe reiterated that existing walls or fences would be grandfathered. Mr. Azmat Siddiqi, 19102 Austin Way, Sazatoga: • Said that it is a privilege to be a landowner and to have Austin Way declared a Heritage Lane. • Added that placing a commemorative plaque is a good idea. • Agreed that brick roads do reduce speeds. • Stated that the 10-foot regulations are of concern. • Pointed out that he has a stone retaining wall within this 10-foot area that he wants to replace. • Added that he currently has egress on two streets. His main driveway is on Highway 9. He would rather have the main driveway off Austin Way and seal off the driveway to Highway 9. Director Tom Sullivan suggested that Mr. Siddiqi discuss his plans with Public Works and Planning staff. Chair Jackman advised that this Heritage Lane designation will not change rules for a driveway. Comrissioner Barry agreed that this is not a Heritage Lane issue but rather is governed by existing regulations. Ms. Joty Lulla, 19099 Austin Way, Sazatoga: • Said that she supports the Heritage Lane designation but has concerns about the 10-foot extension to the shoulder, which may encroach on existing landscaping. • Said that she has lived here for 20 years. • Declared that the 10-foot public right-of-way has not been maintained to this point and questioned who would pay for improvements. Associate Planner John Livingstone answered that it depends on resources. The City maintains the entire right-of-way. As for existing landscaping, the City would work with property owners. There are a lot of variables. Ms. Joty Lulla: • Stated that the additional 10-foot is bothersome and that she would like to see some specifications i about proposed restrictions in use of that 10-foot area. Saratoga Planning Commission Minutes of July 24, 2002 Paee 16 • Pointed out that the road is in dire need of repair as every day another brick comes out. i Chair Jackman pointed out that Heritage Lanes have access to grants to finance improvements. Commissioner Kurasch said that she is in favor of the Heritage Lane designation but questioned the need to be restrictive for the 10 feet of private property. Associate Planner John Livingstone stated that the dimensions given aze approximate. Ms. Dawn Glajchen, 19100 Austin Way, Saratoga: • Said that she supports Heritage Lane designation but has concerns about further restrictions being imposed in the future. Director Tom Sullivan advised that to impose additional changes would require a series of public hearings before the Heritage Preservation Commission, Planning Commission and City Council before they could be adopted. These would be noticed meetings that have the same bureaucratic process that has occurred with this proposal. Ms. Dawn Glajchen stated that it creates a more difficult process and that she would hate to see more restrictions at a later date. Commissioner Kurasch asked Ms. Glajchen to define restrictions. Ms. Dawn Glajchen said building restrictions including style of architecture. Commissioner Kurasch restated that the proposed Ordinance deals with the road and 10 feet of private property from the front property line. All that it results in is a review of proposed work. Questioned what it is about that review process that results in a restriction. Ms. Dawn Glajchen said that she has athree-foot fence now and she wants a lazger fence in the future. Said that this is too open ended and vague and more definition would be in order. Cautioned that it would be easier to place more restrictions later down the line. Mr. Norm Koepernik, Chair, Heritage Preservation Commission: • Said that the intent is not to place restrictions on property but rather to preserve the only brick road remaining in Santa Clara County. • Added that another benefit is the ability to seek State grants. • Assured that there are no major restrictions intended with this Ordinance. Commissioner Roupe pointed out that many in the audience seem to support the concept of preserving the road. Asked Mr. Norm Koepernik if the 10-foot review area on the private property enhances the ability to obtain grants. Mr. Norm Koepemik replied yes. It would give the City more clout with the State. Commissioner Kurasch asked Mr. Norm Koepernik if he sees any need to intensify restrictions on Austin Way in the future and asked him to describe for those in attendance the process they might have to go through with the Heritage Preservation Commission. Saratoga Planning Commission Minutes of July 24, 2002 Paoe ] 7 Mr. Norm Koepemik said that there would be no intensification in the future and that the Heritage Lane Overlay would not affect the review of people's homes. The present Ordinance on fencing is already in i effect. There would be no restrictions on planting. Added that the Heritage Preservation Commission is more user friendly than the Commission. Commissioner Kurasch stated that the HPC would not prohibit but rather simply review proposals. Commissioner Hunter asked Mr. Norm Koepemik if the HPC is prepared to write up the commemorative signs. Mr. Norm Koepemik replied yes. Commissioner Kurasch asked Mr. Norm Koepemik if there aze any estimates on the costs to restore Austin Way's brick road. Mr. Norm Koepemik replied no. He said that all repairs would have to be put back to brick standards and no more asphalt patches would be permitted. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 9:56 p.m. Commissioner Barry said that Heritage Lane designation has significant benefits and not a lot of down sides. Proposed add the following text to the draft Ordinance, "and subject only to the following..." and "...construction (for example fences, walls or drainage) Commissioner Roupe stated that he has no problem with the added language. Commissioner Hunter said she has no problem and supports the proposal. Stated that the brick road is wonderful and is a piece of history. Commissioner Kurasch said the term "significant" is a problem for her and needs to be more specific. Director Tom Sullivan suggested "any drainage, fences, walls and paving." Commissioner Barry suggested using "hazdscape" and added that nothing is said about plants. Chair Jackman proposed "significant construction such as drainage, fences, walls and paving." Commissioner Roupe reminded that existing structures are grandfathered and repairs can be accommodated. Director Tom Sullivan advised that this is in the Zoning Ordinance already. Commissioner Kurasch: Asked if the requirement for review of activity within the 10-feet of private property would remain or not. She added that she was not sure this additional 10-foot area for review was necessary. Said that she wants the public to be awaze of pending Council hearings on this matter. Saratoga Planning Commission Minutes of July 24, 2002 Pase 1 S Commissioner Barry said that if staff feels it is necessary to have review authority over the 10-foot private property area adjacent to the public tight-of-way, she is willing to support them. Said that this will help with the securing of grants. This Ordinance is as good as the Commission can get it before passing it on to Council. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Roupe, the Planning Commission forwarded a recommendation to Council to designate all of Austin Way as a Heritage Lane to preserve the existing brick roadway that was built in 1904 with the added text as follows, "and subject only to the following..." and "...that anv si:?ttificant landscaae, aavine or construction such as fences, walls or drains within 10 feet..." AYES: Barry, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: Garakani and Zutshi ABSTAIN: None DIRECTOR'S ITEMS *** Director Tom Sullivan suggested that the Subcommittee on Streamlining take up the issue of timeliness in receiving written communications. Chair Jackman said that the Commission can't read so much material at the last minute. COMMISSION ITEMS Site Visits Commissioner Barry brought up the timing of site visits and asked how 11:30 to 1:30 worked. Comrissioner Kurasch said that it was better for her. Commissioner Barry asked if the Commission was willing to try this time. one more time. Commissioner Hunter said the timing is inconvenient as it breaks up the day. Comtissioner Kurasch asked if the notice for the next site visit has been prepared yet. Director Tom Sullivan replied not yet. Commissioner Barry asked how 2:30 to 4:30 p.m. would work. Director Tom Sullivan said that the Commission could try 2:30 to 4:30 p.m. for the August 13a' site visits. • Commissioners' Retreat Saratoga Planning Commission Minutes o: July 24, 2002 Pase 19 Commissioner Kurasch inquired about the dates for the Retreat and asked if it is still planned for a Saturday. Director Tom Sullivan said that the Retreat is typically held on a Saturday. An agenda is prepared and speakers lined up. Asked the Commissioners to call or email Kristin with bad dates to narrow the potential dates down. Tree Committee Commissioner Kurasch advised that the Tree Committee has meet and gone over issues. COMMUNICATIONS There were no communication items. AD.TOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting. at 10:17 p.m. to the next regular meeting set for Wednesday, August 14, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk a John Livingstone From: Sent: To: Subject: Commission Members, Deon Glajchen [deon~lajchen@yahoo.com] Friday, July 19, 2002 2:10 PM johnl@saratoga. ca. us Heritage Lane -Austin Way Our family lives at 19100 Austin Way, and we very much enjoy living in Saratoga. Conceptually, I believe the Heritage Lane concept has the advantage of allowing the City to obtain additional funds necessary to restore the brick road, and to maintain it - and I support this goal. However, I fail to see why the City needs to have approval jurisdiction over any work done on the adjacent 10 feet, on the properties on Austin Way. 1 imagine that the Commission's concern is that after the monies to restore the brick road are spent - they don't want property owners putting in landscaping, or other modifications that will negatively affect the aesthetic of the restored road. These are reasonable concerns, but I believe they are unfounded. The same way that the Commission members care about the neighborhood - so do we, the residents, and so such restrictive measures are unnecessary. Residents cannot encroach on the City's jurisdiction of the road, and similarly the City should not encroach upon the private properties adjacent to it - this is the symbiotic relationship under which we live, and the City should serve all residents equally. Of course, we all live in a Community, so we already abide by a generalized set of rules by which we get new construction approved, etc - and Zdon't see why road repair requires additional regulations over and above those that already exist. On a related subject, I would request that if the City wishes to maintain the brick road, and its aesthetic, perhaps it would be wise to prevent all the truck tra_`fic that periodically goes up Bainter, from using the corner of Austin Way and Highway 9 (across from the fire station) as a parking and trailer reloading lot, and even sometimes a dumping ground. Further, enforcing the 25 mph speed limit over Austin way would reduce much of the noise concern, and prolong the life of the brick road. Regards, Deor. Glajchen u 1 John Livingstone From: WRobson@aol.com Sent: Tuesday, July 23, 2002 9:34 AM To: john)@saratoga.ca.us Subject: AUSTIN WAY--HERITAGE LANE ?::EASE PRESERVE AUSTIN WAY AS A HERITAGE LANE--AS A 35+ YEAR RESIDENT OF THE AREA, I HAVE ENJOYED AND USED THE ROAD EVERY DAY. IT IS ONE OF THE FEW REMAINING REMAINDERS OF THE PAST. THANK YOU ---- WILLIAM G. ROBSON. • John Livinctstone From: Taira Price [tairaprice@yahoo.comj Sent: Tuesday, July 23, 2002 10:07 AM 70: john)@saratoga.ca.us Subject: Austin Way Dea_ Sir, Pease use the funds available to restore Austin Way ar,d ive i*_ the recognition it deserves as a 'Heritage Rcac . ? have searched for an area like this to live for a very long time. Nine months ago we bought a portion of what used to be the Max Cohn estate (build around =515; off of Austin Way. Specifically, we live in what used tc be his gardener/gatekeeper's house. My Friends, family and children are amazed and delighted to discover this area so rich in history and all of _~s charms. ?lease dent change Austin way. Restore it and make it ..__.=age Rcad. Sir.cereiy, .-__a Price :~E8. Raving Road ~o You Yahoo!? .anoo! Health - Feel better, live better ..~tp://health.yahoo.com • John Livingstone From: Beth Grimes [bethweth@infoasis.com] Sent: Tuesday, July 23, 2002 10:29 AM To: john)@saratoga.ca.us Subject: Austin Way Jear John, < was informed today that there is a group of people in our neighborhood i3ountiful 'v~ay?) that wart to pave over the bricks on Austin Way. Please be advised that there are many of us opposed to such a move as we feel that this is an historical area and the brick road is part of the r,istcry here. I just wanted to voice my opinion and ask if there is anything I can do to help stop this current proposition. Thank you for your time. Seth Grimes _he Carriage House 1589 Ravine Road cos Gatos, CA 95030 home (408)359-9139 _~~_ (408)836-8855 • • 1 Page 1 of 1 Tom Sullivan " " From: Laura Watkins <Ilwatkins@attbi.com> To: <tsullivan@saratoga.ca.us> Cc: "Nick Streit" <nstreit@cpa-online.com> Sent: Tuesday, July 16, 2002 10:21 AM Subject: Comments regarding Application # 02-127 Mr. Sullivan, We live on Montewood Drive, with our house backing on San Tomas Aquino Creek, next to Austin Way. Given our location, we received the "Notice of Hearing for Application # 02-127, Request to designate all of Austin Way a Heritage Lane to preserve the existing brick roadway that was built in 1904." This sounds like a reasonable request, with one change: this should apply only to Austin Way on the west (?) side of Hwy 9. The short stretch of Austin Way between Hwy 9 and Quito Road should not be included in this designation, as it is not a brick roadway, has relatively recently installed, modern speed bumps, and therefore does not have the historical significance that Austin Way on the other side of Hwy 9 may have. I write this to you as I understand that once something receives a "historical" designation, it makes any future changes, etc., very difficult. I have no idea what future requests might impact the Quito side of Austin Way, but it seems unnecessary to burden this road with a "historical" designation. Unfortunately, I cannot be at the meeting July 24, 2002, so I am submitting these comments in writing (email) to you. Thank you for taking the time to read this. Sincerely, Laura L. Watkins 18700 Montewood Drive Saratoga, CA 95070 408-399-9190 (h) 408-655-3976 (c) 7/23/2002 John Livingstone From: Jacqueline Gittens [jgittens@brooktrout.com] Sent: Tuesday, July 23, 2002 10:40 AM To: 'johnl@saratoga.ca.us' Subject: Austin Way brick road remember how delighted I was to find a brick road in our community and discover the history behind it. It is great that we still have a few original structures that show how things were done in the past - this one marking the end of the railroad line, platform and turnaround. Please do what you can to preserve this part of our heritage. It would be a shame to get rid of every vestige of our past structures and have nothing but pictures to show our children. Because I grew up with brick roads in the mid-west, I have driven Austin Way with my adult child to show him what a brick road is like. They are unique structures, and I don't really know where else one might find a brick road to "show". Sincerely, Jacqueline M. Gittens 408 874-9006 Brooktrout Technology EMG Writer/Illustrator `.J C~ 1 John Livingstone From: WBroadieal@aol.com Sent: Tuesday, July 23, 2002 11:27 AM To: john)@saratoga.ca.us Subject: Austin Way Dear City Council and Planning Commission Members: i are. pleased to support the designation of Austin. Way as a "Heritage Lane" travel Austin Way daily and I am always delighted to see and use the elegant brick road, a reminant of West Valley's past. It's a kind of greeting that means 'home' and belonging and connectedness. I wholeheartedly commend you for your foresighted and conscientious recommendation. I will be comforted to have assurance that Austin Way will always be protected, maintained and preserved for posterity. Thanks for the opportunity to comment. Sincerely, Wanda Broadie Alexander i5?-9 Ravine Road Los Gatos, ca, 95030 1 John Livingstone From: Eloise Blanchard [ebtanchard@brooktrout.com] Sent: Tuesday, July 23, 2002 11:32 AM To: 'JohnL@saratoga.ca.us' Subject: Please preserve "i, As a person from the area, please help to preserve the Austin WAy brick road. really love any part of history to do with train travel. Thanks, Eloise Blanchard ~J ~~ 1 YA~C 1 Ul 1 John Livingstone From: Gallagher, Daphne [dgallagh@msx ndc.mc.uci.edu] Sent: Tuesday, July 23, 2002 11:58 AM To: 'JohnL@saratoga.ca.us' Subject: Austin Way Please preserve the Austin Way brick road! Daphne Gallagher 7/23/2002 John Livingstone From: Valerie Larkin [vlarkin@brooktrout.comj Sent: Tuesday, July 23, 2002 12:05 PM To: 'John L@saratoga.ca. us' Subject: Please preserve the Austin Way brick road! Importance: High _'_ease preserve the Austin Way brick road! Some =ping in life should change, some should not. Please preserve the Aus_in Way brickroad! Thank you, Va_erie ~. Larkin Documentation Coordinator vlarkin@brooktrout.com P: (408) 879-4183 F: (908) 879-9743 3rooktrout Technology EMG 15'_ Albright Way Los Gatos, Ca. 95032-1801 P: (408) 370-0881 F: (908) 370-1173 www.brooktrout.com > Your Hook into the New NetworkSM 1 City of Saratoga Community Development Department 13777 FruitvaleAvenue Saratoga, CA 95070 Dear Planning Commission Members: UU ~~~~~~ I~; UU JUL 1 7 2002 U CITY OF SARAT(H;A ^OMMUNITY DEVELOPMENT July 16, 2002 We have been residents at 19222 Bountiful Acres for 27 years and STRONGLY support Application # 02-127 -City Of Saratoga, Austin Way; to designate all of Austin Way a Heritage Lane to preserve the existing brick roadway. How many Saratoga locales dating back to 1904 still remain? We know that many residents of the area know where "the old brick road" is. Please keep this historic part of local transportation alive. Sincerely ~i(~"` "~ Donald Sturdevant 19222 Bountiful Acres Saratoga, CA 95070 ~~s~~~ Gale Sturdevant John Livingstone From: Pat Charles [pcharles@echelon.comJ Sent: Tuesday, July 23, 2002 8:14 PM To: 'grammyerna@aol.com'; 'drebarry@aol.com'; 'slkurasch@aol.com'; 'roupe1935@aol.com'; 'ruchi zutshi@yahoo.com`,'jhunter95070@yahoo,com;'mikeg@exaccom'; 'john l@saratoga:ca. us' Cc: Earl Charles (E-mail) Subject: FW: Designation of Austin Way as a Heritage Lane > To the Planning Commissioners of Saratoga: > My address is 19200 Bountiful Acres and is located at the corner of > Bountiful and Austin. > None of the brick road is adjacent to my property. > When I received the original packet regarding designating Austin Way as a > Heritage Lane > I called John Livingstone and discussed my concerns. 2 told John2 would > support repair of the > road but was very concerned about future restrictions on my property (over > and above what > already exists today). > While I value our history and rural qualities; I don't get much out of a > potholed and crumbling > brick road that adds to the road noise we already experience from Highway > 9. > Last year I finishedlandscaping the shoulder of Austin that is adjacent > tc my property. > This land is maintained by me and my gardening service and I hope I do not > have to change > what I have already spent considerable time and money improving. > I also discussed with John the vacant lot across from the Fire Station > which is frequently > used as a parking lot for heavy machinery for building projects in the > 'r.ills. I asked John what > he *_hought the impact of the enormous trucks, cement mixers, and tractors > would have on the > repaired brick road (that was built for horses and model Ts.) John did > nct think we could restrict > the truck traffic. > My husband and I have lived in Saratoga for over 19 years, our children > were born here and attend the > public school system. We have invested a great deal of effort in improving > our property. Our home > and this town is very important to us. We will support the repair of the > brick road even though we ~> don't view it with the same nostalgia that others do. We feel we have > already contributed to the improvement > of Austin Way voluntarily (with City approval). However, we strongly > object to the Heritage Preservation Committee > having oversight authority over the landscaping, paving, or construction > within 10 feet of Austin. > It is our personnel experience that the City and the Planning Commission > already have plenty of ordinances and regulations at their disposal to prevent improper use/changes to this property. While I understand > that the current Planning Commission believes they are "reasonable" and > only have the best intentions, 1 ~~ > a future Commission might not be. I believe the current ordinances and > regulations are adequate to -achieve the Commission's vision for Austin Way. Please let us take care of our most important asset (our home) without additional restrictions. Its no secret we property owners paid a • premium tc live ir. the "rural splendor" > c_ Saratoga Please dor.' weigr. us down with more oversight, regulations, > and "red tape". We are not passing > through this community; we want it to be the best it can be as much as > anyone at City Hall. > > Thank you for your time and for your efforts in making our community a > great place to live. > Sincerely, > Pat and Earl Charles > 192 C0 Bountiful Acres > Saratoga, CA 95070 > > pcharies@echelon.com > u 2 U SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: 5 ORIGINATING DEPT: Public Works CITY MANAGER: ~.z.~c~~ PREPARED BY: ,~ DEPT HEAD: SUBJECT: Construction and Demolition Debris Recycling Ordinance Public Hearing RECOMMENDED ACTION(S): Waive first reading of Construction and Demolition Debris Recycling Ordinance. Open public hearing. Close public hearing. Place on Consent Calendar for Council approval at next regular meeting on September 18, 2002. REPORT SUMMARY: At their regular meeting on August 7, 2002, Council was introduced to the proposed Construction and Demolition Debris Recycling Ordinance and subsequently directed staff to hold a public hearing at their next regular meeting on September 4, 2002. The Construction and Demolition Debris Recycling Ordinance will apply to all major construction, remodeling or demolition projects over 2500 square feet, diverting material that would otherwise go into landfill. This has the potential to increase the city's diversion rate above the present 56% level. If Council so directs, City Staff will bring back the Ordinance to Council at their next regular meeting on September 18, 2002 for approval and adoption. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Public Hearing for Construction and Demolition Debris Recycling Ordinance will not occur, and Ordinance will not be adopted. s ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Ordinance will be returned to the City Council at the next regular meeting for approval and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News on August 21, 2002 as required by law. ATTACHMENTS: Attachment A -Construction and Demolition Debris Recycling Ordinance. Attachment B -Notice of hearing. C~ 2of3 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 ofthe 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 I6-72.050 Form for Proposed Plan. (a) The Building Official shall prepaze 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 irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 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 4 ,~ NOTICE OF HEARING BEFORE CITY COUNCIL Notice is hereby given that the City Clerk of the Saratoga City Council,, State of California, has set Wednesday, the 4~' day of September at 7:30 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Sazatoga, California, as the time and place for public hearings on: An Ordinance Amending the Sazatoga City Code Concerning Construction and Demolition Debris Recycling 2. 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. All interested persons may appeaz and be heazd at the above 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 or in written correspondence delivered to the City Council at, or prior to, the public hearing. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Sazatoga City Clerk at 13777 Fruitvale Avenue, Sazatoga. Questions maybe addressed to the City Clerk, (408) 868-1269. /s/Cathleen Boyer City Clerk PUB:08/21/02 c SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 ORIGINATING DEPT: Public Works PREPARED BY: Gl, ~vV"~C AGENDA ITEM: CITY MANAGER: ~~~~~-~ DEPT HEAD: t? SUBJECT: Blaney Plaza Improvements -Review of Conceptual Design Plans RECOMMENDED ACTION(S): 1. Review Conceptual Design Plans. 2. Direct staff on preferred location of Memorial Arch. REPORT SUMMARY: At the August 7`h City Council Meeting the City Council approved a professional services agreement with Greg Ing and Associates for preparation of conceptual design plans for Blaney Plaza. The work performed by Greg Ing and Associates will accomplish two main tasks: 1) determine the best placement of the Memorial Arch in Blaney Plaza; and 2) the preparation of a master plan and cost estimate for the future redevelopment of Blaney Plaza. The first step in the project is to determine the best location of the Memorial Arch into Blaney Plaza, which will provide the Saratoga Fire District the needed information to move forward with the relocation work. Relocation options will be provided to the Council on Tuesday prior to the City Council Meeting. The Heritage Commission, the Arts Commission, and the Saratoga Historical Foundation have been notified of the project and they have indicated interest in participating in the development of a master plan for the plaza. The second step in the development of the master plan will be the distribution of the conceptual plans to all interested parties for comment. If Council pleases a focus group made up of representatives of the above=mentioned groups can be formed to work with the design consultant to develop the final master plan prior to final approval by City Council. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The location of the Memorial Arch will not be determined at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A final master plan for Blaney Plaza will be developed and the approved location of the Memorial Arch will be forwazded to the Saratoga Fire District. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. ~..J 2 of 2 ~' SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: ORIGINATING DEP : R r tion CITY MANAGER: ~~G-~'/ PREPARED B ~ ~ T HEAD: -~C/~.~~ SUBJECT: Preschool Mural RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: On August 12, 2002 the Arts Commission was asked to approve, during a regular meeting, a mural for the outside, northwest-facing wall of the preschool portable. It is to be painted by Kristie Liddie, a sophomore at Saratoga High School. She is doing this project to complete her Silver Award for Girl Scouts. Kristie will solicit local businesses to donate all materials and supplies. She needs to have. the mural completed by Sept. 30, 2002. It will be painted on two removable boards and placed by city staff. Kristie consulted the Preschool Director, Marianne Swan, regazding the project. Marianne gave her a book by a Dutch artist for inspiration and ideas. The Arts Commission moved to accept the preliminary drawings and allow Kristie to paint a mural for the preschool. Upon checking with Richard Taylor regarding copyright infringement, he recommended that Kristie get permission from the publisher. Kristie and her mom, Tina Liddie, were given the publisher's contact information by one of the Arts Commissioners. They will try to get permission or revise the drawing's chazacters so they are not exactly like the book. If the drawing is revised, a special meeting with the Arts Commissioners will be called so they can approve any design changes. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be done. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will contact the artist and let her know council's decision. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Preliminary design for mural. 2 of 3 M i -'`~' ^ ' ~ Y ~ 0 0 1~~~ ~ ~ ~ v M ~~` `~ 1 ~~ ~ ~~ ia~ ~ ~ ~ ~ ~[ G~; o ~~ i'~~' ~ \ ~ oa e J ° s o 0 0 0 ~~ o o e c~ o- ~.. ~ v e n '~~ ,! ~ , ~ / ~r l ~ ~ ~~f - ~l > ~ ,~ ~ - J a ', ~ ~ ;~ ~~ i c~ /~ \ iTS v ~~~ ~~ 7 J _ C~~ S ;~~ . ~- ~ _ ~~ _ _ _ _ ~. ~ ~J _,. ~~ \ 1~ r I '~ l ~/ -~ t ~~ i ~-~ -1 ~ G~ i~~ ~ 1 ~ (: f / ~~ ` J ~~_ ~ ~j i ~ J ~'~~, J J )y.~~ i i /',i ~ .~ / _~1~ r `~ ,,:.! ~ ,` ~ .; ~~ ~ _. -.r,,.~~ ;, ~( d~ ,~ ~,~ c ~" ~~ a ~a „ .. B ~, !~ z . SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM L~ MEETING DATE: September 4, 2002 CITY MANAGER: ORIGINATING DEPT.: Recreation DEPT. HEAD: -,.ate b SUBJECT: North Campus Fellowship Hall Improvements RECOMMENDED MOTION(S): Receive report and provide direction to staff. REPORT SUMMARY: At the City Council meeting on August 7, 2002, staff was directed to research the cost of renovating Fellowship Hall at the North Campus to make it building code and ADA compliant. Brad Lind, the City's Building Official, completed a walk thru of the building and provided a list of building repairs and improvements that must be completed before occupancy. Attached you will find his report. Based on the list of needed building improvements and repairs, staff was able to get cost estimates from various contractors. The estimates are listed below. $40,000 to $45,000 Rough estimate from local contractor to make roof repairs, retrofit restrooms, and build two new exits to building $4500 Concrete pathway from building to parking lot and handicapped pazking space $1000 Path of travel walkway to restrooms improvement $400 New tempered sliding glass door $200 Gas line inspection $2500 Kitchen cook top automated fire extinguisher $1000 Removal of outdoor drinking fountain, light repairs, signage $49,600 to $54,600 TOTAL The amount listed above is for improvements to make Fellowship Hall ADA and building code compliant. This will allow the City to make use of the building for a wide range of city sponsored activities, and would supply a needed large community meeting room. This facility could, also, be made available for rental for larger groups. The budget does not include any cosmetic improvements or changes, nor does it include an amount to add an air conditioning system. Warren Heid offered, at his cost, to prepare the necessary drawings and specifications for construction bids. He felt he could not give us a construction cost estimate to retrofit the building without further work on his part, although he did mention a range of $40,000 to $50,000. FISCAL IMPACTS: $50,000 to $55,000 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Fellowship Hall will not be used. FOLLOW UP ACTIONS: As directed by Council. ATTACHMENTS: Memorandum from Brad Lind, Building Official r1 LJ e MEMORANDUM TO: Joan Pisani, Recreation Director ~,., `~' FROM: Brad Lind, Building Official i~'0 '~"' " DATE: August 28, 2002 SUBJECT: Fellowship Building /New City Property CC: Tom Sullivan, AICP, Community Development Director On August 12`h and 28th, I conducted a site visits at the new City of Saratoga property on Prospect Road, specifically the Fellowship Building. Staff has been directed to determine what improvements/repairs must be completed prior to STAFF or PUBLIC USE. Several items must be addressed: • The kitchen area of the building contains a glass sliding door without safety glazing (tempered glass). • The appliances in the building (including the cooktop's hood and duct system) should be checked by personnel familiar with their use and operation. • The existing gas line serving the cook top/oven and water heater should be tested for leaks. • Check all fire extinguishers. • Portions of the roof overhangs have been removed because of dry rot. The main portion of the building has been re-roofed with concrete roofing tiles, however where the overhangs were removed, the felt paper is exposed and will certainly become non-serviceable if not addressed. Only the main (double-door) entrance/exit is accessible per ADA standards. The . Uniform Building Code mandates all required exits to be accessible. The azea of the main room is approximately 2500 squaze, which dictates the occupant load in the large open room exceeds 300. This occupant load requires 3 exits. The current building-exiting layout is not adequate, nor can the additional exits in the building be easily converted to being accessible. An easier and perhaps less expensive fix would be to frame/install two new accessible exits into the building and abandon the non-code compliant doors. This would also require a new paved exit pathway to the pazking area. • Post MAXIMUM OCCUPANT LOAD (to be determined). • Van-accessible parking and signage is required. • Both the male and female bathrooms are not accessible (ADA). The plumbing fixtures (lavys, toilets and urinals) are non-compliant, as is the entrance to the facilities and overall layout. • The exterior drinking fountain is not accessible and the current location obstructs the accessible "path of travel" to the restroom locations. • Certain areas at "path of travel" walkway to restrooms will need 6" curb installed or grade level raised as to not exceed 4". • Replace various light bulbs and repair/test all exterior and interior light fixtures. See me with any questions or comments. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: September 4, 2002 ORIGINATING DEPT: City Attorney CITY MANAGER: ~~ PREPARED BY: Richard Taylor SUBJECT: Consider Requests to Join Friend of the Court Briefs in (1) Topsail Court Homeowners Association v. Soquel Creek Water District, (2) Eastburn v. Regional Fire Protection Authority, (3) Border Business Park v. City of San Diego, (4) Chevron U. SA. v. Cayetano, (5) Kahn v. East Side Union High School District, (6) Richmond v. Shasta Community Services District and (7) Southern California Gas Company v. City of Santa Ana. RECOMMENDED ACTION: Authorize the City of Saratoga to join the friend of the court briefs being prepared in the above-named cases. REPORT SUMMARY: During the past month the City has received a number of requests to join friend of the court briefs authorized by the League of Cities. The courts authorize amicus ("friend of the court") briefs in cases where the amici have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in the following cases. There would be no charge for the City's participation in these briefs. (1) Topsail Court Homeowners Association v. Soquel Creek Water District This case arose after Soqual Creek Water District purchased a lot in afour-parcel, single- familyresidential subdivision where it sought to construct a well along with a treatment plant that would remove contaminants from the extracted ground water. Based on Government Code section 53091 which exempts water production, generation, storage, and transmission facilities from local zoning, the County of Santa Cruz refused to apply its building and zoning ordinances to the proposed water treatment project. The homeowners association filed suit challenging the zoning exemption, arguing that treatement facilities were not among the types of facilities exempted from local zoning. Noting that the Legislature failed to specify "treatment" facilities in section 53091, the Appellate Court agreed. It applied standard rules of statutory construction and strictly construed the exceptions that did appear in the statute. Because only a liberal interpretation of the language would have permitted the court to conclude that the section 53091 exemptions included water treatment facilities, the court refused to accept the water district's position. The Water District has requested that the California Supreme Court construe section 53091 broadly and reverse the case. In that event there would be no mechanism to prevent water districts from placing large centralized facilities wherever they choose. The amicus brief will argue (1) that the statutory construction urged by the Water District would require an expansion of the language beyond what the Legislature logically intended; (2) that the construction of section 53091 urged by the Water District would lead to absurd results and run contrary to established principles of statutory construction; (3) that the Legislature has not indicated that water treatment facilities must be placed in the most cost-efficient location at the expense of the local government's authority to formulate and implement its own land use policies; (4) that the Water District's economic efficiency argument is illusory; and (5) that the legislative history demonstrates the Legislature's intent to enhance, not weaken, local zoning control through section 53091. (2) Eastburn v. Regional Fire Protection Authority This case, pending before the California Supreme Court, will consider whether a public agency should be held liable for the alleged negligent operation of the 9-1-1 system. The court of appeal held that the plaintiffs could not sue a public agency for providing inadequate service and that Health & Safety Code section 1799.107 (which immunizes emergency personnel for liability unless they are grossly negligent or act in bad faith) applies to 9-1-1 operators. On both points it expressly disagreed with a case from another California appellate court, Ma v. City and County of San Francisco (2002) 95 Ca1.App.4th 488 [115 Cal.Rptr.2d 544). The California Supreme granted review in Eastburn, to decide the split in authority between Eastburn and Ma. The Court will consider these core issues: Government Code section 815(a) says that public entities cannot be held liable except by statute. No statute holds public entities duectly liable for providing 9-1- 1 emergency dispatch services negligently.. The plaintiffs argue, however, that a public entity enters in a "special relationship" with each of its constituents requiring it to provide prompt emergency services in response to 9-1-1 calls -and 2 exposing it to liability if is fails to do so. The amicus brief will argue that the law should not be expanded in this way. • The amicus brief will further argue that Health & Safety Code section 1799.107 protects 9-1-1 operators and dispatches from liability (and their public entity employers from vicarious liability) for ordinary negligence. This case will affect the liability of all public entities that provide or participate in 9-1-1 dispatch services. Under state law, all public entities must provide or participate in 9-1-1 systems. An appellate decision for the plaintiffs would therefore expose all cities to suit by any citizen who believes the response to a 9-1-1 call was not fast enough. (3) Border Business Park v. City of San Diego A jury awarded the plaintiff in this case more than $90 million in damages because the City engaged in planning for an airport near the plaintiff's property and adjusted the City's circulation system in a way that increased the amount of traffic adjacent to that property. The amicus brief will argue that cities should not be liable for (1) damage to property value that occurs due to local government planning efforts when those efforts do not i result in formal action (i.e., a resolution actually approving a project, changing land use or initiating condemnation) and (2) damage for properly value that occurs due to changes in the circulation system. The issue is discussed in more detail in the attached letter from the San Diego City Attorney. (4) Chevron US.A. v. Cayetano This case is an appeal to the Ninth Circuit Court of Appeals concerning the proper standard of review to be used by the courts when determining whether a government regulation constitutes a taking of property. The U.S. Constitution requires that government regulations must substantially advance a legitimate public interest. Traditionally, the courts have required that an individual challenging a regulation demonstrate that there is no rational basis for the regulation in question. In this case the courts in effect required that the State of Hawaii demonstrate to a jury that the challenged regulation would in fact have the desired effect. The amicus brief will argue that this (1) improperly transfers policy decisions from elected legislators to the courts and (2) violates principles of federalism which hold that land use decisions should be made at the local level rather than by federal agencies or courts. The issues are discussed in more detail in the attached letter from the San Francisco City Attorney who will be preparing the amicus brief. (5) Kahn v. East Side Union High School District This case considers the circumstances-under which a public entity is liable for injuries to a swimmer resulting from diving into a swimming pool. Prior to a competition, a swimmer was practicing diving into the pool in preparation for a relay race, and broke her neck. The swimmer contended that she never received training from her coach on how to dive into a three and a half foot pool. The swimmer sued the school district, coach and others for negligence and maintaining a dangerous condition on the property. The trial court and the court of appeal concluded that the school and the coach had no duty to eliminate risks inherent in the sport of competitive swimming. The public entity did not increase the swimmer's risk, and accordingly it is not liable because the swimmer voluntarily assumed any risk of injury by participating in the activity. The case has been appealed to the California Supreme Court which will decide whether the court of appeal correctly determined that the swimmer should not be able to recover for her injuries. (6) Richmond v. Shasta Community Services District L J The California Supreme Court will be considering several issues relating to Proposition . 218 in this case. The case arises from a challenge to the Shasta Community Service District's adoption of a water connection fee for capital improvements needed to expand the District's facilities to accommodate new users. The court invalidated several portions of the fee. The central issues on appeal are as follows: The court of appeals' discussion of Proposition 218's development fee exemption appears to hold that a particulaz fee must have existed prior to the November 1996 adoption of Proposition 218 to fall within that exception. The language of Proposition 218, however, suggests that only the legal authority for a development fee must have predated the measure for the fee to be exempt. In addition, the ambiguity of the court's discussion will create confusion regarding the applicability of Proposition 218 to other fees. The case invalidated an existing fee imposed to provide fire protection to newly developed property. The court did so based on certain requirements imposed by Proposition 218 but did not first determine whether the fee was subject to Proposition 218 in the first instance. A recent Supreme Court decision indicates that fees of the type invalidated by the court of appeal are not subject to Proposition 218. 4 4 The amicus brief will (1) emphasize that a wide spectrum of California local governments (including cities, counties, water districts, community services districts, and fire districts) impose connection charges to defray the cost of expanding capital infrastructure to serve new development; (2) review the law relating to the imposition of development fees and the basis for the development fee exemption in Proposition 218; and (3) remind the Court that Proposition 218 only applies to a specific subset of fees, charges and assessments: fees that are "property-related" and assessments on real property based upon special benefit. This third section of the brief will set forth assessments imposed by local governments. (7) Southern California Gas Company v. City of Santa Ana. The City of Santa Ana adopted an ordinance requiring that a trench cut fee be paid before anyone could cut trenches into city streets. Southern California Gas Company claimed that it was exempt from the fee due to its 1937 franchise agreement with the city. The trial court ruled against the city, concluding that the trench cut fee constituted an unconstitutional impairment of contract with respect to the gas company's franchise agreement. The case could allow all franchised utilities to assert that any additional costs imposed upon them by cities, even through a city's valid police power regulation, violate the contracts clause and are impermissible. FISCAL IMPACTS: None. There is no cost to join the briefs. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not join the amicus brief. FOLLOW UP ACTIONS: City Attorney will report on the decisions of the courts when issued. ATTACHMENTS: Letter from San Diego City Attorney re: Border Business Park v. City of San Diego . Letter from San Francisco City Attorney re: Chevron, USA v. Cayetano 08/30/02 08:46 '$ SHUTE.MIHALY (~j002/005 ' J DONALD R. LINCOLN ENbEM[A1V', LrivCOL1V', T[Ii~x & HEATER LLP TELEPHONE KENNETH C- TUREK (619) 544A123 HENRY E. HEATER ATTORNEYS AT LAW DAVID SEMELSBERG&R O 6 O'.`B" STREET, SUITE Z4OO FACSIMILE 1AME$ C. ALLETI t~ , CALIFORAIIA 921U 1-4582 SAN LI E( lO (619)594-9110 LWDA B. REICH . . , ERIN M. WINDSOR WEB SITE KIMBERLY K HARRL$ www.elthlaw.enm oFCOUNsEL August 8, 2002 EMAIL RONALD L ENDEMAN dlmcole®elthlaw.com ATTENTION ALL CITIES! This Case Could Severely Impact Your Ability to Flan Projects Richard S. Taylor, City Attorney Shute Mihaly & Weinberger 396 Hayes Street San Francisco, CA 94102 Re: Border $ustness Aark, Inc. v. City of San Diego, California Court of Appeal, Fourth Appellate District, Division One, No. D039225 Dear City Attorney: The Legal Advocacy Cozntnittee of the League of California Cities has approved the preparation of an Amicus Brief in support of the City of San Diego ("San Diego") in the above-entitled case. In addition, the League is urging other cities to join in on that brief. I, and other members of my firm, will be drafting the Amicus Brief and request that your City join in That 13rie>"due to the issues.of major significance to ail California Cities. Case Summary This is an appeal from a state Trial Court ruling which found San Diego liable for approximately $100 million in damages for inverse condemnation based on (1) San Diego's activities relating to its planning for a possible international airport to be located near the property owner's property, aad (2) San Diego's activities relating to the re-routing of commercial truck traffic onto public streets adjacent to the property owner's property in order to reach a federal border crossing. 08/x0/02 08:46 $ SHLiTE.MIHALY C~OOa/005 t City Attorney August 8, 2002 Page 2 Ttt 1983 PlaintiffBorder Business Park, Inc. ("Border B.P.") purchased 320 acres of undeveloped land in Otay Mesa, a rural area south of San Diego and adjacent to the Mexican border. BorderB.P. planned to develop 312 acres into an industrial business park. On October 16, 1986, Border B.P. and San Diego entered into a Development Agreement. On September 22, 1995, Border B.P. filed suit in the San Diego Superior Court alleging that San Diego had breached the 1986 Development Agreement and engaged in other conduct that was so disruptive that it amounted to unconstitutional taking of its property. Specifically, Border B. P. claimed that San Diego had acted "recklessly" by publicly investigating a proposal to build a new international airport in the Otay Mesa area without firsrtaking appropriate steps to verify that the project was viable: The Trial Cou: agreed: finding that~Saa.I?iygo was'aable ':rider inverse condemnation law for temporarily diminishing the marketability of Border B.P.'s property. In addition, the Trial Court ruled that San Diego was also liable under inverse condemnation law for exacerbating the traffic near Border B.P.'s property by rerouting commercial truck traffic onto adjacent public streets in order to reach a federal border crossing. The jury found that San Diego had breached the Development Agreement, and awarded $29.2 million in damages for "breach of contract," $25.5 million for the airport planning "taking," and $39.8 for the traffic diversion "taking." After the verdict, the Trial Judge tecused himself. The case was transferred to a new Judge, who ordered a new trial on the "breach of contract" cause of action. The Court, however, denied San Diego's Motion for a New Trial or Judgment NOV on the portion of the Judgment dealing with its IiabiIity for inverse condemnation. With interest, this remaining portion of the Judgment against San Diego exceeds $91 million. Issnes of Maior Sisnilicance to California Municipalities Statewide The issues raised in *11is case are important.ta all California: ~unicip~lities. As to the first issue, alI that occurred was the planning and the study of a proposed airport which "could" have impacted Border B.P.'s property if the airport project had proceeded forward. San Diego never passed a formal resolution or took other procedural steps to condemn the property. If the Trial Court decision stands, the ability of cities to engage in municipal planning and studies could be seriously impaired. The issue involving the truck txaffic arose after the federal government diverted all commercial truck traffic from the existing San Ysidro border crossing to the new Otay Mesa border crossing. Because San Diego had jurisdiction. over the public streets leading to the new Otay Mesa border crossing, San Diego was forced to quickly determine the best method of redirecting this truck traffic. After considering all feasible alternatives, 08/30/02 08:47 $ SHUTE,MIHALY t~jUU4/005 ' City Attorney August 8, 2002 Page 3 San Diego determined the best alternative was to use a street adjacent to Border B.P.'s property. Border B.P. was never denied access to its property. San Diego's decision merely increased traffic along the adjacent street. Jf the Trial Court decision stands, every city could be at risk for inverse condemnation damages every time it changes traffic patterns. Even more important than the two specific issues discussed in the Trial Court ruling this case potentially impacts broader legal questions about a City's Iiability for adverse impacts on private property where no physical invasion has occurred. The Amicus Brief The primary purpose of the Amicus Brief will be to explain to the Court of Appeal the potential impact its decision will have on the actions of municipalities throughout California, It will also discuss the legal standards a Court should use in determining whether a municipality is liable under inverse condemnation when its actions or inactions have adverse impacts on private property where no physical invasion has occurred. San Diego's Appellant's Opening Brief was filed on June 24, 2002. Border B.P.'s Respondent's Brief is currently due by September 23, 2002. We are planning to file the Aznicus Brief after the filing of Border 13.P.'s Brief, or at approximately the same time as San Diego's Reply Brief is filed. __ If you have any questions concerning the case or the position to be taken in the Amicus Brief, please call me. We would be happy to provide you with a copy of San Diego's Opening Brief on Appeal if you believe it would be helpful in making your decision as to whether or not to join in the Amicus Brief. If you do, agree to join in this Amicus Brief please send me an Authorization of Representation, which includes your state bar namber, as soon as possible. 5' e ly, - ~ J !~ ~' Don . Llnco DRT,/mrs 08/30/02 08:47 t` ~` CITY AIVD COUNT`( OF SA1V FRAfVC1SC0 sue' ~r~tY ~9CO%1xrr DENNISJ. HE'RRERA ANQREW W. SCHWARTZ ~uo5/0o5 ~; City Attorney Deputy City Attorney x [haECtAw.: (at~554:ao2o $ .f wo ~? ~ E-MAC: aruNew_schwarh@cf.sf.ca.us ~~,as . o~ July 30, 2002 TO ALL CALIFORNIA CITY ATTORNEYS Re: Chevron, USA. Inc. v. Cayetarao (9u' Cir. 2000) 224 F.3d. 1030 Dear City Attorney: In the above case, the Ninth Circuit sharply departed from well-settled ]aw and ordered that a heightened standard of review should be applied to a I3awaii puce control law challenged as a taking. Rollowing remand and trial, the district court fouii3'that the regulation effected a taking and invalidated the regulation. Tate court essentially suhstituted its judgtent for that of the State legislature as to the wisdom and efficacy of an economic poIiey. The State of Hawaii has appealed to the Ninth Circuit again. San Francisco will file an amicus curiae brief in support of Hawaii in the Ninth Circuit. This is a request that your city join in the brief. In Chevron, USA. Inc. v, Cayetano (9TH Cir. 2000) 224 F.3d. 1030 {"Chevron T'}, Chevron challenged Act 257, passed by the Hawaiian lea slature to reduce Hawaii s relatively high price of retail gasoline. (224 Fad at p. 1033 & fn.3 J The Act limited to 15% of gross profit the amount of rent oil distributors could charge gasoline retailers who leased company- owned filling stations. Ina 2-1 decision, the Ninth Circuit ordered the district court is apply a heightened standard of review to the Act under Nallan v. California Coastal Com. {1987)483 L7.S. 825 and Dolan v. City of xlgard (1994) 5I2 U.S.. 374. (224 F.3d at p. 1037.} The majority decided that a trial was necessary to "predict" whether the statute would substantially advance the avowed objective of the taw> namely to reduce the retail price of gasoline to consumers. The Court rejected the State's argument that the validity of a land use ordinance should be evaluated under the traditional, more deferential, rational basis standard of the Due Process Clause. Instead, the court allowed a judge or a jury -after ]rearing evidence from economists predicting the effect of the program - to apply their subjective judgment to determine whether the price controls would be effective. Following Chevron X, Hawaii petitioned for certiorari to the United.States Supreme Court.' San Francisco and others filed amicus briefs in support of certiorari. Many California cities joined in San Francisco's brief. Unfortunately, the Supreme Court denied the petition, allowing the case to go to trial. 1 $awaii petitioned for certiorari on two questions. (1) Does the Takings Clause authorize a court to invalidate state land use regulatory legislation on its face, without regard to whether it diminishes economic value or causes any physical invasion of the plaintiff's pxoperty, when the court concludes tha the statute does not substantially advance a legislative purpose; and (2) Does the facial constitutional validity of stale legislation depend an whether a federal coon predicts that it will achieve its objeeUve. Cfry HAIL ROOM 23a •) DR. CARLTON B, GODDLETf PLACE . $AN FRANCISCO, CALiFORNiA9alO2.0477 RECEVtiON; (a75) SSa-a7pp • PACSiMit~; {at5) 55a-x757 n:,hn W y,>me~w W,\takb,pnvr"ciyl W,ebnolJd„ogpb C7FFIC~ Or ,. . C;;Y AND CpUNTI' OF SAN ~{~ANGl5CC3 page 2 3uly 3Q, 212 a taking. Hawaii ! the district ooutt decided that the Hawaii law was i the State and On remand, between conflicting has aPpealed..The trial record shows that the district ~ 'the ~ trial record, was making economic Policy- ssible with the limited record in Chevron I economists' opintans, nt a stronger case than was P° wens of the judiciary amid are able to P~ d the constitutional lu'ztits an the po that the l3tnth Carcutt oversteppe call elected legtslators best Itt the amicus brief: San p~0 will argue that democrari y and tiverieSS of land use policies. n(~ o f lowersaDoctrine, make decisions as to the vtisd~ 19 ~,~~ 952.) Under the S on~c policy. 'Hie Beach, Lsd. v. Superior Gowtr) tv t0 tnalte ~ ~ ve the Consritutian vests the legi~~ bratx~'~ t~tE ~ t Ise a f le°lslatl ~rbr r.. Coastitutioa limit the role of tlee j~diciargsa :estraittir~ "' p~n~0` ~~ ~~,$. l~' at~py~ty, (Stt,;c~,PaveCe~7'ransponCa~: i~t*rYor~'~"t 7 0 *~fe 125.) Whether a Price rao~ v~ Dave itsir~ended effecziaa compirs industry 1S lib'; " subject of legislative ~actxs~ bearings. '~ ieQisiatoes no~;ider gory {cem arm of experts and fashion a paiec;.'t~ will promac floe general tomlth, safex±r, and welfare. l~ac~;., the impact of price is ~ industry stxt3a ss retail gert~ine sales is quintessendalty a legislative function. The teats have no gtr~ tight to inure with this policy time they h4 in dictating zoning decisiaRS, safety requirett~cs for autos, ar the pamper procedtete fvr pasteurizing milk. 3'he dacuine of fedexaisa~e fuzdter p~*etdes tbptt i~md:use de~,ions are ua~ally rz the k+~l te~~el. (See, e.g:; floss >•. PonA+eca~orir~ r-+mcs~ludsame Corporatiwr {1 ) ~I ` 30. -sY ~"[R}egttlatian of land use [is} a ft ~tfctia~dly pelted Iyy load go~p f Tix I'ntited States Supreme Couta t~enthr;~rinec are iaupat of this few ba aver laud and v.~t:~ a~as in Sam Waxtd~en.~ ~ UnitedsArmy C'arp~c ~`~'gp' (20I3I} ~ sI L'S. I93_ I7~ ["Petatio~; re~dzm~c ao claim ju~sdicdia~q o~-qr mudflats fatlits;atbe "Migrarm~BarlRuk'rerxtld ~ the States' trada'ttaasi aaz{ rite ~ ~ Signifit~t ia~iagetr land use decisions siio~m43 be defet~ tug l o~~ ~j' ~ f~ a01'1i1~ 1'f xhe IrxecutiveCem~,;ttee oftlb:~aj~v~~ Goes urges aII Caliiata"rtic~r; ta,jr~;t~ cf 'aee oFtlse piexse complete the Ot~CIe)STYI iY7rin bySc~te~, 2Qi[t; ' ~3rotrr' ~~ ~tmua I cost to your cty to join. ff }vet ~e unable t nd by ~1 ~n it to oan. bay decision of the governing bolls of your laity,, a became ~ to us after September 2. It may be necessar~b y ~~°°° m ~ brief b ~`~at' mtr brief is filed. Please feel free to cxdi me at ~ ~ mutt of your • . ~' retu'tiin€ OI with any questions or suggestions,. ~ ar S~ Cleve~jand~ 2SI5 ~`''~'~''yya~ D~-~ J H~RI;RA ~~ney s~wARTZ Cin-gamey - „,`~+,~ 08/30/02 08:49 '$` C1Ty AND COUNTY OF SAN FRANCISCO F;F~vcoup?ro~ DENNISJ. HERRERA Gity Attorney u z x N >i~ w 9 o7~8s . O~°~ TO ALL CALIFORNIA CITY ATTORNEYS OFFICE OF THE CITY ATTORNEY ANDREW W. SCMNARIZ Deputy City Attorney L)QtECt [IIAL: (415)554-4620 E-Mwt: arttllew schwartz~G.sf.ca.us July 30, 2002 lte: Chevron, USA. Inc. v. Cayetano (9`~ Cir. 2000) 224 F.3d. 1030 Rear City Attorney: In the above case, the Ninth Circuit sharply departed from well-settled law and ordered that a heightened standard of reviiew should be applied to a Hawaii price control law challenged as a taking. Following remand and trial, the district court found-that the regulation effected a taking and invalidated the regulation. The court essentially substituted its judgment for that of the State Legislature as to the wisdom and efficacy of an economic policy. The State of Hawaii has appealed to the Ninth Circuit again. San Francisco will file an amicus curiae brief in support of Hawaii in the Ninth Circuit. This is a request that your city join in the brief. In Chevron, USA. Inc. v. Cayetano (9~`" Cir. 2000) 224 F.3d. 1030 ("Chevron l'), Chevron challenged Act 257, passed by the Hawaiian legislature to reduce Hawaii's relatively high price of retail gasoline. (224 F.3d at p. 1033 & fn.3.) The Act limited to 25% of gross • profit the amount of rent oil distributors could charge gasoline retailers who leased company- owned filling stations. Ina 2-1 decision, the Ninth Circuit ordered the district court to apply a heightened standard of review to the Act under Nollan v. California Coastal Com. (1987) 483 U.S. 825 and Dolan v. City of Tigard (1994) 512 U.S, 374. (224 F-3d at p. 1037.) The majority decided that a trial was necessary to "predict" whether the statute would substantially advance the avowed objective of the Iaw, namely to reduce the retail price of gasoline to consumers. The Court rejected the State's azgument that the validity of a land use ordinance should be evaluated under the traditional, more deferential, rational basis standard of the Aue Process Clause. Instead, the court allowed a judge or a jury -after hearing evidence from economists predicting the effect of the program - to apply their subjective judgment to determine whether the price controls would be effective. Following Chevron I, Hawaii petitioned for certiorari to the United States Supreme Court. ~ San Francisco and others filed amicus briefs in support of certiorari. 1vIany California cities joined in San Francisco's brief. Unfortunately, the Supreme Court denied the petition, allowing the case to go to trial. ~ Hawaii petitioned for certiorazi on two questions: (1) Dces the Takings Clause authorize a court to invalidate state land use regulatory legislation on its face. without regard to whether it diminishes economic value or causes any physical invasion of the plaintiffs property. when the court concludes that the statute does not substantially advance a legislative purpose; and (2) Does the facial constitutional validity of state legislation depend on whether a federal court predicts that it will achieve its objective. Cm Hau, Roonn 234 •1 Da. CarsttoN B. Gooott'rr Race - Sgrv FRgNCISCO, CAUFORNIq 9A102-0917 RC{:EP110N; (415) 554-4700 - FgcstMiu:: (415) 554-4757 n:1lvWUmlmeu+,nVaNnmlmnnelcavWanllGbo2Xr SI{UTE.MIHALY ~looi/ooz 08/x0/02 08:49 $ CITY AND COUNTY OF SAN FRANCISCO Page 2 July 30, 2002 On remand, the district court decided that the Flawaii law was indeed a taking. Hawaii has appealed. The trial record shows that the district court, in choosing between conflicting economists' opinions, was making economic policy. With the full trial record, the State and amici aze able to present a stronger case than was possible with the limited record in Chevron t that the Ninth Circuit overstepped the constitutional limits on the powers of the judiciary. In the amicus brief, San Francisco will argue that democratically elected legislators best make decisions as to the wisdom and effectiveness of ]and use policies. (See Santa Monica Beach, Ltd. v. Superior Coun (1999)19 Ca1.4a' 952.) Under the Separation of Powers Doctrine, the Constitution vests the legislative branch with the authority to make economic policy. The Constitution limits the role of the judiciary to restraining the arbitrary exercise of legislative authority. (See, e.g., Penn Central Transportation Co. v. New York City (1978) 438 U.S. 104, 125.) Whether a price control will have its intended effect in a complex industry is usually the subject of legislative committee hearings. The legislators consider testimony from a range of experts and fashion a policy that will promote the general health, safety, and welfare. Predicting the impact of price controls in an industry such as retail gasoline sales is quintessentially a legislative funcrion. The courts have no greater right to interfere with this policy than they have in dictating zoning decisions, safety requirements for autos, or the proper procedure for pasteurizing milk. The doctrine of federalism further provides that land use decisions are traditionally made at the local level. (See, e.g., Hess v. Part Authority Trans-Hudson Corporation (1994) 5I3 U.S. 30, 44 ("[R]egulation of land use [is] a function traditionally performed by local governments"].} The United States Supreme Court recently affirmed the impoaance of this federal-state balance over land and water use was in Solid Waste Agency v. United Scares Army Corps of Engineers (2001) 531 U.S. 159, 174 ["Pernvtting respondents to claim federal jurisdiction over ponds and mudflats falling within the "1vliigratory Bird Rule" would result in a significant impingement of the States' traditional and primary power over land and water use_"]. A federal court's review of. land use decisions should be deferential to state and local agencies. The Executive Committee of the Legal Advocacy Committee of the California League of Cities urges all California cities to join in San Francisco's brief. If your city agrees to join, please complete the enclosed form by September 2, 2002 and return it to our office. There is no cost to your city to join.. If you are unable to respond by September 2 because you must secure a decision of the governing body of your city, you may still join in the brief by returning the form to us after September 2. It may be necessary to notify the Court of your joinder by letter after the brief is filed. Please feel free to cai] me at 415/554-4620 or Susan Cleveland at 415/554-6769 with any questions or suggestions. Very truly yours, SIIUTE.MIHALY QI002/002 ~ OFFICE OF THE CnY ATfORNkY u DENNIS ]. HERRERA . Attoorney 1-'~ _ REVD VJ. SCHWARTZ Deputy City Attorney M\uNp19E1ASClf/INR!\tA WNo$\PMICVSICAYE,Pf~Q\JeR1D'~itn+ MEETING DATE: SARATOGA CITY COUNCIL September 4, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~/~/~- PREPARED BY: Lorie Tinfow DEPT HE SUBJECT: Saratoga Library Project Phase II -Special Inspection Services Contract Increase RECOMMENDED ACTIONS: Move to amend the existing contract with Consolidated Engineering Laboratories for additional supplemental inspection services needed for Saratoga Library Expansion Project Phase II to reflect an increase of $17,500. . REPORT SUMMARY: Phase II of the Saratoga Library expansion project includes work that requires specialized inspections and testing supplemental to City inspectors' expertise. Examples of their services include inspection and testing of concrete mix, structural steel and timber connections. In December 2001, staff developed a Request for Qualifications and sent it to a number of pre- qualified inspection firms. We received responses from nine firms and Consolidated Engineering Labs was selected to provide the services. Gilbane estimated costs would total approximately $25,000 at the time of contract award in February. However, actual jobsite conditions make estimating total costs difficult. Extra inspection and/or testing services have proved necessary related to various aspects of the project-primarily welding inspections, re-inspections related to structural steel issues, and corrective work related to Phase I. Staff is investigating reimbursement options for the conrective work. FISCAL IMPACTS: The contract with Consolidated Engineering Laboratories is on a standard time and materials basis. At this time, the project is not complete and clearly additional services will be needed. Staff requests an increase to the contract of $17,500 based on additional information provided by Gilbane. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Special inspection services are necessary for the successful completion of the Library Expansion Project Phase II; without this action, construction will be delayed. ALTERNATIVE ACTIONS: None. FOLLOW UP ACTIONS: The contract will be amended to reflect the increase. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: ^ Copy of Gilbane's letter regarding the need for additional services 2 ~ 06/28/2002 18:01 4088675044 GILBANE PAGE 01/01 ~r 73648 Saratoga Avc. Saratoga, CA 95070 Phone: 408-G85-4721 Fax: 408-741-1013 August 28, 2002 Ms. Lurie Tinfow Assistant City Manager City of Saratoga 1.3777 Ftuitvale Avc. Saratoga, CA 95070 Reference: Saratoga Public Library GBCO Job Number 2995 Subject: Phase II Test & ibnspection Revised Estimate Dent Ms. Tinfow: u Gilbane has reviewed the statue of the special test and inspections budget, sad have developed a revised estimate for completion of special tests and inspections. There are currently two outstanding invoices with a value of approximately $9,000. Jn addition to these invoices, CEL has performed roughly 72 hours of inspections which have nat been billed for, with an approximate value of $5,000. Based on the contract docurneats and the construction schedule, Gilbane believes that 5 additional days of inspection wiil be required for interior shear walls, 5 additonal days for site concrete sampling, and 3 additional days for the recently added tube steel inspection. The approximate value associated with these 13 days of inspections is $8,500. Eased on these approximations, and the amount paid CEL to date, it would require an additional $17,500 above the $45,000 allocated to complete the test and inspections services foz both phases of the contract The costs associated with CEL's service have now exceeded the initial estitnatc. Major contnbutors to this ovetnm aze the extensive amounw of welding inspections and re-inspections necessitated by structural steel issues and the corrective actions associated with Phase I work Please do not hesitate to contact me should you have any questions. Sinccrety, GILB/A~NE tV i a. a.,,,~,arpt Craig Greenwood ~ ~ ~~~ cep DustinNotarianni Project Engineer File 3 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: ' ~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~~-- PREPARED BY: Lorie Tinfow DEPT HEAD~'e'~'l~1 SUBJECT: Benches and Trash Receptacles for Saratoga Library Project RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: Six benches and two trash receptacles are included in the contract with Thompson Pacific for the Saratoga Library project. Additional benches were included in the furniture, fixtures and equipment (FF&E) budget that is separate from the bond funds. As the Library Expansion Committee Interiors Subcommittee reviewed the style selections for and numbers of each bench specified, they determined that some of the benches included in FF&E were actually fixed and therefore eligible to be paid for with bond funds. In addition, they discovered an alternate bench design that was preferred. The Subcommittee members brought their proposal for a total of 12 benches in the new style plus 2 matching trash receptacles to the full Library Expansion Committee (LEC) at the July 17 meeting for review and consideration. A preliminary cost estimate for the proposed furniture plan was $18,000. The LEC voted unanimously to recommend to Council that the new style be substituted for the old and six additional benches be added to the library budget. While this dollar amount is within staff s change order authority, staff requests specific direction on this expenditure of additional funds. FISCAL IMPACTS: Council has a number of options from which to choose that result in an additional increase of between $0 and $19,777. If approved, a change order for the appropriate amount will be executed. As of August 2002, the library budget stands at $14,401,672. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): L r The new library will have six benches and two trash receptacles of the original style paid for by bond funds; the remaining six will be paid for from the privately raised and provided FF&E funds. ALTERNATIVE ACTION(S): 1. Maintain the bench and trash receptacle choices as is. 2. Allow six additional original style benches to be transferred to the bond budget at an additional cost of about $4385 plus shipping estimated at $500. 3. Allow the new style to be substituted for the six already in the contract at an additional cost of about $6420 plus shipping estimated at $1000. 4. Allow the substitution of the new bench style for a total of 12 benches with 2 matching trash receptacles at an additional cost of $19,777. FOLLOW UP ACTION(S): If a change is approved, staff will authorize a change order with Thompson Pacific for the appropriate amount. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Exhibit A: website photo of "original" bench • Exhibit B: wesbite photos "new" bench and trash receptacles • Exhibit C: Copy of Thompson Pacific's Response to Request for Quotation • Exhibit D: Cost comparison table for original and new style furniture r i J Creative Pipe, Inc. -Mirage Steel Benches Mirage Steel Benches Ever popular, simplistic and elegant design, Gentle sloping back and fore seat is both comfortable and stylish. Rock solid construction with solid bar end frames and supports. End frames are fabricated from 1"x 1" solid square bar. Ex~h+317 A ~ 021 c, IN~i ,~ ~~ Available with or without a back. AVAILABLE MODELS: MRBB, Mirage bench with a back; PgRBLB, Backless Mirage bench. SEAT MATERYAL OPTIONS: Flat bar slats; perforated steel sheet; 5/8" solid round bar; laser cut steel straps, horizontal laser cut flat bar, vertical laser cut flat bar, or cus- tomized laser cut or perforated steel sheet. Designate "-FB", "-PS", "-RB", "-LS", "-HLF", "-VLF", "-CLS" or "- CPS" respectively for seating material after the model nurnber. (Note: Customized bench options are not shown on this sheet). Clitk Here to View I+Airage Stee! 6eroth 5{secification 5trzet in pdf Format IClick Here to View CAD Files ,~~ cer - er: r . ... - - Adobe i STANDARD SYZES: Standard bench lengths are 4', 6' or 8'. Designate "-4", °-6", or "-8" after the model fora 4', 6' or 8' bench respectively. MOUNTING OPTIONS: Embedded (standard); surface flanged for bolting to existing concrete (optional). Designate "-E" or "-F" after the http://www.creativepipe.com/mirage steel bench.htm Qnor~nnro ~x~r~~ ~ ~ .N~~ S j1/ ~~.. http://www.landscapeforms.com/jpeg/main/arcata7_main.jpg $/29/2002 y Landscape Forms, Benches, Chairs, Litter Receptacles, Ash Urns, Tables, f~~% S~i~/ LC J lancisca~eforms$ .R°rodv~c'ts. 'G"asl~ln?eats !t'FStallatEOns, ~~~orttsatus-: °'-j > Litter Receptacles/ Ash Urns Overview > email News > New Products/Promotions < Litter Receptacles/ Ash Urns 3 of 12 > • features printable - > teams with our Gretchens bench and picnic table for version a coordinated look > choose wood or recycled plastic sides > top is formed of spun metal > complementary products > more details ~1 ~I ~~~~Ll~rr.: group 30-gallon capacity wood or Polysite spun-metal top liner included - side or top opening optional sand pan freestanding surface mount Litorcdaro: Id r.[exi~65 Talc hnagc_< More Details • 30-gallon capacity litter receptacle; polyethylene liner included • Litter receptacle may be top- or side-opening • Lid constructed of 14 gauge-spun metal • Lid is permanently attached to unit with pop-up mechanism for emptying • Ash urn top: spun metal sand pan finished in Grotto (black) powdercoat. • Side panel material may be red oak for interior use only; jarrah or Polysite TM recycled plastic for interior or exterior use; redwood or ipe for exterior use only • Support is combination freestanding /surface mount • Metal parts finished with Panguard II®powdercoat available in standard colors • Optional powdercoat colors available for an upcharge • Coordinating benches and picnic table Dimensions i e Top-opening litter receptacle: 22in. dia. x 36in, h e Side-opening litter receptacle: 22in, dia. x 42in. h • Ash urn: 14in. dia. x 21 in. h http://www.landscapeforms.com/cgi-bin/proddisnlav.cai?inaraml=2Rr.;nara,»~=t n Qr~nr~nn~ 02/01/200 15:33 415451"-'5, n1t_eartt ~({ ~ Q (j '~~ 6.JF/~SGfir(~ 1=ar~+r'tS TZ ~~,w~C~ C3~Ucr"(; Z~ T FOR QUOTATION r Tot 'I'hompaon PaeiSc Coaanuction Project Name: Saratoga Library 625 Du$ois Street Suite C Project No: 172995009 San.Rafacl, CA 94901 Return To: Gilbene Building Gromparry 13648 Satntoga Avanuc Saratoga, CA 95070 anon: Nate Palrrter Cpanga Bequest Na: 49 bate: 7/17/02 Con et No: 1828$ Return Sy: 7131/02 $fd Par $c Na: 2 ArcWO'vruer Request Please su 't a t57xn quotation for any ac~juctrnnnt to your contract far the tbllowing ehntt~e; Bulleq 10-Benches Title c[tanse~re~reserns the costs associated with chaaying the type of ti~bor beaches to be provided by the Pbase II connxcc Tbis change also adds additional benches to tt>c ffie kbaae II contract. Please provide the labor, material, and equipua:nt fox Sac scope of work dasCa'bed. in Field ®Do NO~proccod, submit quotation only ^ Proce th work and mbmit quotation Rchmt thih act ~ your quotation noted below and attach all detaiIc3 up for die change otttllnrsl above. Xour quotation will not be neidexed valid unless detailed beck-vp is ineladed. Failure to ty wilt result in payment delays, the ch. an inch T"' a deem 1` no chat The above days exicn Ibis cl,anlie the above ar Shop Dxnwings ltoquired No shop 1?rawinga Reguited AttthorfzedBy ~ //' mss---- Daze: ~~'~-~~1`r ^~e~L~-- TFIIS SECTI O SE COMPLET$b 8Y'!i'FS$ & CONTRACTOR outl;pea above we { ~ q~`~ ~ ~--_ ars~t_____~. to the ~0lftractattqunt /' of $ tot Y~W4°"-`-~~. Title: ~JF-G~ _~t.1Gt1.S~F.a2 ngeawillnccessitate additional ~ ~ T;tswlPS~ ~,tiGt~1G (,.ptJ~T-- ~ of the original contract completion date. ~P Y~ Date: creases/decreases onr.Dlaedvar,taged Butinesa Enterprlae patticipatian by tlae below aRwOttt4 w cIt ate included to , ~Q CR-49 ":l Pagc l of 1 J • Bench and Trash Receptacle Cost Comparison Bench Trash Receptacle Option 1 No changes to style or number of benches Additional cost for Option 1 Option 2 Add six additional original style benches to library budget tax . Sub-total shipping (estimated) Estimated Total for Option 2 Option 3 Allow substitution of new style • for six benches and two trash receptacles already in the contract Sub-total 1 tax Sub-total 2 shipping (estimated) Estimated Total for Option 3 Option 4 Recommended by LEC 12 new style benches 2 new style trash receptacles Additional cost for Option 4 per TP Quote Original $675 $575 $0 $4,050 $334 $4,384 $500 $4,884 $5,250 $680 $5,930 $489 $6,419 $1,000 $7,419 $19,777 EXHIBIT D New $1,550 $915 V SARATOGA CITY COUNCIL MEETING DATE: September 4, 2002 AGENDA ITEM: iz ORIGINATING DEPT: Public Works CITY MANAGER: ~~~ ~~ PREPARED BY: ~b'~~ DEPT HEAD: SUBJECT: Program Supplement Agreement -Quito Road Bridge Replacement Project, - C.LP No. 9111 RECOMMENDED ACTION(S): Authorize the City Manager to execute Program Supplement Agreement No. 001-M to Administering Agency-State Agreement for Federal-Aid Projects No. 04-5332. REPORT SUMMARY: The Quito Road Bridge Replacement Project consists of the replacement of Bridge No. 37C- 0113 and Bridge No. 37C-0114. This project is a Federal-Aid Project funded through he Highway Bridge Rehabilitation and Replacement (HBRR~ Program. The HBRR Program will fund 80% of the cost of the project. The remaining 20% will be shared equally between the City of Saratoga, the Town of Los Gatos, and Santa Clara Valley Water District. The Federal Highway Administration has granted authorization to proceed with the Quito Road Bridge Replacement Project, and approval has been granted by Caltrans to proceed with Preliminary Engineering Design Phase. Since this HBRR Program is a reimbursable program, agreements must be executed between the City of Sazatoga (Administering Agency) and the State of California (State) in order to receive funds from the State Highway Account. Administering Agency-State Agreement for Federal-Aid Projects No. 04-5332 (Master Agreement) has been made effective May 29, 1997. Master Agreement is normally processed once and is valid for several reimbursable projects. It is also applicable for referenced Quito Road Bridge Replacement Project. Program Supplement Agreement to the Master Agreement formalizes the financial responsibilities for a specific federally funded project and needs to be executed for each such project individually. In case of Quito Road Bridge Replacement Project, Program Supplement Agreement No. 001-M is required. After it is executed by the City of Sazatoga and, consequently, by Caltrans, the City can receive funds from the State Highway Account. FISCAL IMPACTS: None in addition to the adopted budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Program Supplement Agreement would not be executed and the City would not be reimbursed for 80% of the cost of the Project. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): City Clerk will forward executed agreement to Department of Transportation. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Resolution approving Program Supplement Agreement No. 001-M 2. Program Supplement Agreement No. 001-M 3. Administering Agency-State Agreement for Federal-Aid Projects No. 04-5332 (Master Agreement) 2 oft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY SARATOGA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO.001-M TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS N0.04-5332 WHEREAS, the City of Saratoga and the State of California Department of Transportation have entered into a Administering Agency-State Agreement for Federal-Aid Projects on May 29, 1997; and WHEREAS, in accordance with Paragraph 2 of Article II of said Master Agreement, said Agreement maybe supplemented from time to time; and WHEREAS, the City of Saratoga is planning to replace two Quito Road bridges over San Thomas Aquino Creek (Bridge No. 37C-0113 and Bridge No. 37C-0114J; and WHEREAS, Program Supplement Agreement No. 001-M to said Master Agreement will incorporate said project into said Agreement. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Program Supplement Agreement No. 001-M to Administering Agency-State Agreement for Federal-Aid Projects No. 04-5332 is hereby approved subject to all of the terms and conditions thereof. AND BE IT FURTHER RESOLVED, that the City Manager is authorized to execute the Program Supplement on behalf of the City. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk PROGRAM SIIPPLEMRNT NO. M001 Date:June 17,2002 to Location:04-SCL-O-EAR ADMINISTRRING AGfiNCY-STATE AGR88MENT Project Nrnnber:$RLS-5332(004) FOR FEDERAL-AID PROJECTS NO. 04-5332 B.A. Numbar:04-927987 This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on 05/29/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: II1 THE CITY OF SARATOGA ON QUITO RD./SAN TOMAS CREEK TYPE OF WORK: $RIDGE REPLACEMENT LRNGTx: 0(MILSS) Estimated Cost Federal Funds Matching Funds 1180 $63,000.00 LOCAL oxxfiR $525,000.00 Q100 $357,000.00 $]05,000.00 $0.00 ~0 CITY OF SARATOGA STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implemeatati Date Division of Local Assistance Attest Date Title i hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic Date ~j ~ ~ ' ~ ~ $420,000.00 Chapter Statutes Item Year Prog am HC Category Fund Source AMOIINT 106 2001 2660-]01-890 2001-2 0 20.30.01. 0 C 224060 892-F 420,000.00 Program Supplement 04-5332-M001- ISTEA Page 1 of 3 04-SCLO-SAR e BRLS-5332(004) SPECIAL COVENANTS OR REMARKS 06/17/2002 1. The ADMINISTERING AGENCY will reimburse the State for the ADMINISTERING AGENCY share of costs for work requested to be performed by the State. 2. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 3. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 4. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 5. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 6. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 7. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part Program Supplement 04-5332-M001- ISTSA - Page 2 of 3 04-SCLO-SAR 06/17/2002 BRLS-5332(004) SPECIAL COVENANTS OR REMARKS of the Catalogue of Federal Domestic Assistance (CFDA) 20..205, Highway Planning and Research. OMB A-133 superseded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superseded by this covenant to conform to OMB A-133. 8. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. Program Supplement 04-5332-M001- ISTHA Page 3 of 3 MASTER AGREEMENT ADMINISTERING AGENCY-STATE-AGREEMENT FOR FEDERAL-AID PROJECTS 04 Citv of Saratoga District Administering Agency Agreement No. 04-5332 This AGREEMENT, made effective this Z 9 ~ day of~ ~ 1997, is by and between the City of Saratoga, hereinafter referred to as "ADMII~IISTERING AG):NCY," and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETI3: WHEREAS, the Congress of the United States has enacted the Intetmodal Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (C~fAQ), the • Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation Program (HBRR) (collectively the "Programs"); and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law: and WHEREAS, before Federal-aid will be made available far a specific Program project, ADMINISTERING AGENCY and STATE are requited to enter into an agreement relati~•e to prosecution of said project and maintenance of the completed facility. NOW, THEREFORE, the parties agree as follows: ARTICLE I -PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any Program project unless and until aproject-specific Program Supplement to this AGREEMENT for Federal-aid Projects, hereinafter referred to as "PROGRAM SUPPLEMENT," has been executed. 2. The term "PROJECT," as used herein, means that authorized project financed in part with Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the subsequent specific PROGRAM SUPPLEMENT, and in aFederal-aid Project Agreement (PR-2). 3. The Financial commitment of STATE administered federal funds will occur only upon the execution of this AGREEMENT, and the execution of each project-specific PROGRAM SUPPLEME\-I' and PR-2. 11/39/9 4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated to a PROJECT, to comply with all the agreed-upon Special Covenants or Remarks attached to the PROGRAM SUPPLEMENT identifying and defining the nature of the spec PROJECT. 5. The PROGRAM SUPPLEMENT shall designate the parry responsible for implementing the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to be executed and be a part of this AGREEMENT as though fatly set forth herein. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body, the PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY'S governing body. 6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in LPP 95-07, "Reengineering," and subsequent approved revisions and Local Programs Manual updates, hereafter referred to as REENGItvFFUFn PROCEDURES) relating to the Federal-aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations, and policy and procedural orinstructional-memoranda, unless otherwise designated in the approved PROGRAM SUPPLEMENT. 7. If PROJECT involves work on the State highway system, it shall also be the subject of a separate standazd form of encroachment permit and, when: appropriate, a cooperative agreement between STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed. 8. If PROJECT is not on STATE-owned right of way, PROJECT shall be constmeted in accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe minimum statewide design standards for local agency streets and roads. The REENGIIVEERED PROCF~URES for projects off the National highway System (NHS) allow the STATE to accept either the minimum statewide design standards or ADMINISTERING AGENCY-approved geometric design standazds. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standazd specifications, standazd plans, and materials sampling azd testing quality assurance programs that meet the conditions described in the REENG]NEERED PROCEDURES. 9. When PROJECT is not on the State highway system but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMIIVISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract 10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING AGENCY is in responsible chazge. 11. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of California, each within their zespective jurisdiction, have prescribed certain employment practices with respect to work financed with Federal or State funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for 2 11/29/95 performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds finance part of the PROJECT) and Exhibit B (with third patty's name replacing ADMINISTERING AGENCY) as parts of such agreement ARTICLE II -RIGHTS OF WAY 1. No contract for the construction of a Federal-aid PROJECT' shall be awarded until the necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT', ADMINISTERING AGENCY shall certify and, upon regrtest, shall famish STATE with evidence that necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability which may result in the event the right of way for a PROJECT is not clear as certified. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and cleaz of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages Lo real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the construction of the PROJECT because utility facilities have not been removed or relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required in REEI~'GINEERED PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase only necessary rights of way included in PROJECT' after crediting PROJECT with the fair mazket value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. W hether or not Federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, ornon-profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and services which will be available, and, w the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least 90-days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5). 6. In all real property transactions acquired for the PROJECT, following recordation of the deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, then; shall also be recorded a separate document which is an "Agreement Declaring Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by ADMINISTERING AGENCY. 1 U29/95 ARTICLE III -MANAGEMENT AND MAINTENANCE OF PROPERTY 1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 2. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a mariner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future Federal-aid projects of ADMINISTERING AGENCY will be withheld unfrl the PRWECT shall have been put in a condition of maintenance satisfactory to STATE and the Federal highway Administration: The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 3. The maintenance referred to in paragraph 2, above, includes not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the project requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as inquired for efficient operation of the complete PROJECT improvements. ARTICLE IV -FISCAL PROVISIONS 1. The PROJECT, or portions thereof, must be included in a Federally-approved Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the "Request for Authorization." 2. State and Federal funds will not participate in PROJECT work performed in advance of approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to Proceed." 3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarie$y progress basis once the PROJECT PROGRAM SUPPLEMENT has been executed by STATE and the PR-2 has been executed by FHWA. The total of all amounts claimed. plus any required matching funds, must not exceed the actual total allowable costs of all completed engineering work, right of way acquisition, and construction. 4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include this AGREEMENT number, Federal-aid project number, and Progress billing number for the PROJECT, and shall be in accordance with REENGINEERED PROCEDURES. 5. The estimated total cost of PROJECT, the amounts of Federal-aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance Letrer/Detail Estimate and a PR-2 doctunent which are to be considered as part of this AGREEMENT. Federal-aid program amounu may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 4 11/29/95 6. When additional federal-aid funds are not available, the ADMINISTERING AGENCY agrees that the payment of Federal funds will be limited to the amounts approved by the PR-2, or iu modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 7. ADMINISTERING AGENCY shall use its own nonfederal-aid funds to finance the local shaze of eligible cosu and all expenditures ruled ineligible for financing with Federal funds. STATE shall make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing. 8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be renrrrred to STATE by ADMINISTERING AGENCY upon writtea demand. 9. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete PROJECT, then, within 30 days of demand, or within such other period as maybe agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from future apportionmenu, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds andlor may withhold approval of future ADMINISTERING AGENCY Federal-aid projecu. 10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEN.TENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities . comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or iu constituent member entities, to recover all funds provided by STATE hereunder. ARTICLE V -RETENTION OF RECORDS/AUDITS 1. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and other masers connected with the performance of the Agreement pursuant to Government Code Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMIIVISTERING AGENCY shall retain all original records to the project financed with Federal funds and shall make records available upon request by Federal and State representatives. Following final settlement of the project costs with FHWA the records/documenumay bemicrofilmed by the ADMINISTERING AGENCY, but in any event shall be retained for a period of three yeazs from STATE payment of the final voucher, or a four-year period from the date of the fatal payment under the contract, whichever is longer ADMINISTERING AGENCY shall retain records/docttmenu longer if required in writing by STATE. 2. Per the Single Audit Act of 1984, any ADMIIVISTERING AGENCY that receives $100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an independent audit fuiu per the Single Audit Act - (see OMB-A 128, "Audits of State and Local Govetnmenu"). ARTICLE VI -FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of • the signatory officer's knowledge and belii:f, that: 1 U29/95 A. No STATE or Federal appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting m influence an officer or employee of any STATE or Federal agency, a Member of the State Legislature orUnited States Congress, an officer or employee of tfie L$gtslature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awazding of any STATE or Federal contract including this Agreement, the making of any STATE or Federal loan, the entering into. of any cooperative contract, and the extension, continuation, repewal, amendment, or modification of any STATE or Federal contract, grant, loan, or cooperative contract. B. If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this document that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. ARTICLE VII -MISCELLANEOUS PROVISIONS . 1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Govemtnent Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE, its officers, and employees from all claims, suits or actions of every name; kind and description brought for, or on account of, injury (as defined in Government Code Section 810.8) occuning by reason of anything done, or omiaed to be done, by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability unposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, or omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated to STATE under this Ageement ADMINISTERING AGENCY reserves the right to represent itself in any litigation in which ADMINISTERING AGENCY'S interests are at stake. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of STATE. . 6 11/29/95 • 4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such temrination, STATE may proceed with the PROJECT work in any manner deemed proper by STATE. If STATE teiminates this AGREEMENT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERP~ IG AGENCY the sum due ADMINISTERING AGENCY under this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion to STATE shall first be deducted from any stun due ADMINIS1E12ING AGENCY under this AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand. 5. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 6. No alteration or variation of the terms of this AGREIIvIE1VT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall be binding on any of the parses hereto. 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, thaz no person or selling agency has been employed orretained to solicit or secure this AGREEMENT' upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to atinul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokemge, or contingent fee. 8. In accordance with Public Contract Code Section 10296, ADMIIVISTERING AGENCY . hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by. a Federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two-year period because of ADMIIVISTERING AGENCY's failure to comply with an order of a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. _ - 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a fit-ancial interest in the outcome of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. This Agreement is subject to any additional restrictions, lunitations, conditions, or any starute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 1 U29/95 ARTICLE VIII -TERMINATION OF AGREEMENT 1. This Agreement and any PROGRAM SUPPLEMENT(S) executed under this AGREEMENT shall terminate upon 60 days' prior written notice by STATE. 2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding limits for each described PROJECT funded under this Federal-aid program. No STATE or FHWA funds aze obligated against this AGREEMENT. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA CITY OF SARATOGA DIPARTMETVT OF TRANSPORTATION r Chief, Office of Local Programs ADMINISTERING AGENCY Project Implementation Representative Name & Title (Authorized Governing Body Representative) Date /Lic`.•7 z %~ ~ y ~~ Date MAY 22 ~ X94 `I 11/29/95 • EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. in the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employes for employment because of race; color, sex, religion, ancestry or national origin. ADMINISTERING AGENCY will take affirmative action to enstue that employees ate treated during employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recmiunent or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for raining, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY will permit access to the records of employment, employment adverdsemenis, application forms, and other pertinent data and rt;cords by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a writer notice from the Fair Employment and Housing Corn+*+? ~~ion thaz it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employ- ment Practices Act and had issued an order tinder Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Falr Employment Provision, STATE shall have the right to terminate 1}tis Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be home and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to.ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY'S breach of this Agreement 11/29/95 EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements unposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -Effectuation of Tide VI of the Civil Rights Act of 1964" (hereinafter refereed to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinen[ directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of Transportation, ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effecmare this agreement This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMIIVISTERING AGENCY hereby gives the following specific assurances with respect to its Federal-aid Program: C7 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regazd to a "program")conducted, or will be (with regard to a "facility") operated in compliance with all requirements unposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject w the REGULATIONS made in connection with the Federal-aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full oppommiry to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an awazd. 3. That ADMINISTERING AGEA*CY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where ADMINISTERING AGENCY receives Federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 10 1 U29/95 C 6. That where ADMINISTERING AGENCY receives Federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Asstuance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similaz agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the Fedetxl- aid Program; and . Appendix D; (b) for the conswction or use of or access w space on, over, or under real property acquired, or improved under the Federal-aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property or real property of interest therein, or stmctures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the foIIowing periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub- grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. THIS ASSURANCE is given inconsideration of and for the purpose of obtaining any and all Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the Federal-aid Highway Program. 11 11/29/95 APPENDIX A TO EXHIBTT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter wllectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) ComnliancewithRe lations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement (2) Nondiscrimination: ADi1~IIIVISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Svb-agreements. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under aSub-agreement, including proctuements of materials or leases of equipment, each potential sub-.applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY'S obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY'S books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. When: any information required of ADhiIIVISTERIIdG AGENCY is in the exclusive possession of another who fails or refuses to famish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY'S noncompliance with the nondiscrimination provisions of this agtezment, STATE shall impose such agreement sanctions as it or the FHVJA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until ADMINISTERING AGENCY complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorp9ration of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigationwith asub-applicant or supplier as a result of such dizecdon, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. 12 1 U29/95 t APPENDILY B TO EXHIBIT B The following clauses shall be included in any and all deeds effecting or recording the transfer of PROTECT real property, structures or improvements thereon, or imerrst therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the (ands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. ZOOOd to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation ia, ~e denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department ofTransportation - Effecruation of Tide VI of the Civil Rights Act of 1964, and as said Regulations maybe amended (;) and (3) that in the event of breach of any of the above-mentioned nondis '*+>i~ation conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Tide VI of the Civii Rights Act of 1964. 13 1 U29/95 APPENDIX C TO EXHIBIT B • The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instnunents entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, pernrittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said propeRy described in this (deed, license, lease, permit, etc.) for a propose for which a U.S. Deparnent of Transportation program or activity is extended or for another purpose involving the provision of similaz services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facr7t'ties and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department ofTransportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondisctintinationcovenanrs, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING . AGENCY shall have the tight to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 14 • 1 U29/95 _.. _.. APPENDLY D TO EXFIIBI'I' B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in; denied the benefits of, or otherwise subjected to discrirination in the use of said facilities; (2) that in the constntcdon of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation. in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, petmittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess . said land and the facilities thereon, and hold the same as if said {license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clatse is • necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. IS 11/29/95