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HomeMy WebLinkAbout11-05-2002 City Council Agenda Packet CITY OF SARATOGA CITY COUNCIL LAND USE AGENDA TUESDAY, NOVEMBER 5, 2002 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR NOVEMBER 6, 2002 ON NOVEMBER 5, 2002 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Appeal of Planning Commission Denial of Application #02-176, (Reconsideration of DR-O1-006, TUP-O1-003, and UP-O1-002 and related applications) (APN's • 397-22-017, 397-22-019, 397-22-015, 397-22-012, & 397-22-042) -Saratoga Fire District, 14380 Saratoga Avenue & 20473 Saratoga-Los Gatos Road 2. Proposed Vacation of George Whalen Way Between Saratoga Avenue and Saratoga Los-Gatos Road 3. Land Exchange with Saratoga Fire Protection District -Heritage Plaza 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. THEATER SARATOGA CITY COUNCIL MEETING DATE: November 6, 2002 ~~ ORIGINATING DEP~F: CiUy~'Ianager CITY MANAGER: (~~~~--.~-- PREPARED BY: AGENDA ITEM: DEPT HEAD: SUBJECT: Proelamation~arina the Week of November 117-23 "National Homelessness and Hunger Awareness Week" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: Attached is a proclamation declaring the week of November 17-23, 2002 "National Homelessness and Hunger Awazeness Week". The Emergency Housing Consortium (EHC) has requested that the City of Saratoga declare the week of November 17-23, 2002 "National Homelessness and Hunger Awazeness Week". Every year the EHC hosts a memorial service to honor the homeless who have died on the streets of Santa Claza County. Their names are engraved on an obelisk at their main shelter at the Boccardo Regional Reception Center. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to mail proclamation to Shipla Arora, Resource Development Associate/Emergency Housing Consortium, 2011 Little Orchard Street, San Jose Ca 95125. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of copy of proclamation CITY OF SARATOGA PROCLAMATION SUPPORTING THE WEEK OF NOVEMBER 17-23, 2002 "NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK" WHEREAS, Santa Claza County is home to 1.5 million people, and home to America's boomingest economy; and WHEREAS, Santa Claza County is also home to a growing challenge: increasing numbers of homeless men and women, families and young people; and WHEREAS, Estimates on the number ofhomeless people in Santa Clara County range from 15,000 to 22,000 each yeaz; and WHEREAS, Santa Clara County is also home to the Emergency Housing Consortium: Silicon Valley's response to homelessness; and WHEREAS, Emergency Housing Consortium shelters and provides programs in Sunnyvale, Santa Clara, San Jose, San Maztin and Gilroy to meet the needs of the homeless people of the Valley; and WHEREAS, Emergency Housing Consortium is ending homelessness and improving communities by providing housing and services that enable homeless children and adults to attain stable housing. Homelessness is a quality of life issue for everyone, and community involvement is key to ending homelessness; and WHEREAS, during the week of "National Homelessness and Hunger Awareness Week" the Emergency Housing Consortium will honor the homeless who have died on the streets of Santa Clara County, their names will be engraved on an obelisk at their main shelter, Baccazdo Regional Reception Center. NOW, THEREFORE, I, Nick Streit, Mayor of the City of Saratoga and on behalf of the City Council, do hereby support the week of November 17-23, 2002 as NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6'h day of November 2002. Nick Streit, Mayor City of Saratoga SARATOGA CITY COUNCIL -1 . MEETING DATE: December 4, 2002 AGENDA ITEM: ~s ORIGINATING D T: Manager CITY MANAGER: O~~i-~-- i' PREPARED BY: DEPT HEAD: SUBJECT: clamation -Declaring the Week of November 24-30, 2002 as "National Family Week" RECOMMENDED ACTION: Read'iproclamation and present it to Bishop Paul Hume. REPORT SUMMARY: Attached is a proclamation declaring the week of November 24-30, 2002 as "National Family Week" FISCAL IMPACTS: N/A II i OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: I N/A I! tTISING, NOTICING AND PUBLIC CONTACT: of the agenda. A -Copy of copy of proclamation C~ CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24-30, 2000 "NATIONAL FAMILY WEEK" WHEREAS, American families are the primary source of strength and health for both individuals and communities across the nation; and WHEREAS, it is the family that America's youth are nurtured and taught the values vital to success and happiness in life: respect for others, honesty, service, hard work, loyalty, love and others; and WHEREAS, it is appropriate to honor the family unit as essential to the countries well-being of the United States; and WHEREAS, the quality of our community life begins within the homes of individual families. NOW THEREFORE, THE CITY OF SARATOGA DOES HEREBY proclaim and recognize November 24 -30, 2002 as "NATIONAL FAMILY WEEK" and encourages all Saratoga citizens to work to strengthen families in America as individuals and through government and community-based organizations. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th day of November 2002. d l Nick Streit, Mayor Saratoga, California r 1 U THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS SARATOGA WARD SARATOGA CALIFORNIA STAKE BISHOP. PAUL L. HULME 15222 MONTALVO HEIGHTS COURT SARATOGA, CA 95070 September 23, 2002 Ann Sullivan CITY OF S~IRATOG~1 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Ann: t r 5~F 2 6 2002 CITY OF SARA70GA Attached is a photocopy of the Saratoga's Proclamation declaring National Family Week in 2000.', In 2001 I did not remind you soon enough, and we missed it. However, I am sending you a',second attachment which designates November 24-30, 2002 as National Family Week so that we can get it made up and present it in a City Council meeting prior to Thanksgiving. When you get it done, please let me know at which meeting it will be presented, and I will be thereto receive it on behalf of the Saratoga Ministerial Association. Let me give you some background. Every year since 1970, the week in which Thanksgiving falls has been designated by national proclamation as National Family Week. Last year it vas November 18-24, 2001, as designated in the attached copy of President Bush's proclamation. We will strengthen families-all families, of every kind-by bringing together a dynamic community network to expend family support and resources, and touch lives of every segment of our community. Also attached is a photocopy of Senate Resolution 204, passed Noveya}fier1,2= 1999. Thank you kindly. C E{~---~ Paul L. Hulme PLH/sjc • r. CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF NOVEMBER 19-25, 2000 "FAMILY WEEK" WHEREAS, the family is the basic unit and strength of a nation and the foundation upon which an orderly, free, and humane society rests; and WHEREAS, the quality of our community life begins within the homes of individual families; and WHEREAS, children are in need of special recognition and nurture; and -~.J WHEREAS, the week of November 19 through 25, 2000 has been declared by the presidential proclamation as National Family Week, a tradition in the United States since 1972; and NOW, THERFORE BE IT RESOLVED, that the City of Council of the City of Saratoga does hereby proclaim and recognize November 19 through 25, 2000 as "FAMILY WEEK" Witnessed our hand and seal of the City of Saratoga on this 15`h day of November 2000. ~ ~~ ~-~- Stan Bogosian, Mayor City of Saratoga • SARATOGA CITY COUNCIL MEETING DATE: November 6, 2002 ORI IGINATING DEPT: City Manager PREPARED BY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: City Council Minutes ACTION: minutes. SUMMARY: minutes as submitted for the following City Council Meeting: meeting -September 24, 2002 IMPACTS: N/A OF NOT FOLLOWING RECOMMENDED ACTION: N/A I ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. N/A NOTICING AND PUBLIC CONTACT: nutes September 24, 2002 MINUTES Saratoga City Council Adjourned Meeting/Joint Session Saratoga City Council Public Safety Commission Saratoga, Cupertino & Campbell Union School District St. Andrew's, Sacred Heart Los Gatos-Saratoga High School District Saratoga Arts Commission September 24, 2002 The City Council of the City of Sazatoga met in a scheduled Adjourned City Council Meeting on September 24, 2002 at the Adult Caze Center, 19655 Allendale Avenue. - ' Mayor Streit called the Adiourned Citv Council meeting to order at 7:01 o.m. and requested Bridgett Ballingall, Chair/Public Safety Commission, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Ann Waltonsmith, John Mehaffey, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Lori Tinfow, Assistant City Manager Ann Sullivan, Deputy City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 24, 2002 Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section 54954,2, the agenda for the meeting of September 24, 2002 was properly posted on September 20, 2002. COMMUNICATIONS FROM PUBLIC No one requested to speak at tonight's meeting. COUNCIL DII2ECTION TO STAFF None JOINT MEETING WITH PUBLIC SAFETY COMMISSION AND SCHOOL DISTRICTS Mayor Streit noted that the purpose of this meeting was to hear how the various schools have been working with Commissioner Ballingall to implement the Neighborhood Traffic Management Program (NTMP), Safe Ride to School Program and the School Traffic Calming Program. I. ;INTRODUCTION Bridgett Ballingall, Chair/Public Safety Commission, stated that the School Traffic Task ', Force Subcommittee members were made up of three Public Safety Commission members Jim Schindler and Isabel Tennenbaum and herself, and a representative from every school that serves Sazatoga. Commissioner Ballingall introduced the following representatives that were able to attend tonight's meeting: Libby Russo, Interim Principal, Saratoga Elementary Malcolm Broderick, Dean of Administrative Services/West Valley College Toby Smith, Cupertino Union School District Dan Fowler, Sazatoga High School Maya Baba, Pazent/Traffic Task Force Member, Argonaut School Cindy Chang, Pazent/Traffic "task Force Member, Redwood Middle School Tom Marantette -Foothill School Chair Ballingall explained that the first yeaz the Task Forced identified common problems and came up with some short-term solution for some of the more dramatic problems and the second year the Task Force discussed how to go forward and tackle some of the common problems. Chair Ballingall noted that this year the Task Force has addressed each school's problems ', and prioritized the schools on need. ', Chair Ballingall noted the following goals of the Task Force: • Establish a philosophy how they see the Task Force working with the city on a long term basis • Establish goals and objectives • Develop marketing tools for pazents • Establish a line of accountability within the groups • Foster school and community communications • Develop strategies for schools to recruit traffic management • Continue lobbying for a joint bussing program Chair Ballingall explained the schools the Task Force have identified as priority: • Mazshall Lane • Blue Hills (starting Phase I) • Foothill • Sazatoga High School • Redwood Middle 'Mayor Streit stated the Phase I is part of a multi phase process and asked Chair Ballingall to ,explain what Phase I would consist of at Blue Hills School. 'Chair Ballingall explained that Phase I is probably the highest impact now to make the 'situation better. Phase I will help alleviate the impact on the neighborhood and increase the 'safety of the students. City Council Meeting 2 September 24, 2002 Councilmember Waltonsmith asked what the vazious schools were doing to promote and implements the changes. In regazds to Blue Hills, Toby Smith/Cupertino Union School District, stated that as part of Phase I they installed a no left turn out of the main pazking lot and coned off and nazrowed down the exit from the main pazking lot. Also, Mr. Smith stated that they have posted signs and controlling the time frames on the morning drop off. Councilmember Mehaffey stated that he feels bussing is a good answer if we could convince the parents to participate in it. Councilmember Mehaffey asked if the Task Force had any ideas how to mazket a bussing program in Sazatoga. Chair Ballingall responded that she does not thinks it would be that difficult to mazket a bussing program to pazents if it was safe and affordable. A yeaz ago Sazatoga Union School District tried to start a pilot program at Redwood Middle School and had 50 families signed up at a cost of $1,000 per student. But because of the vaziety of schedules needed to accommodate schedules it would of cost too much and the program would not be cost effective. Chair Ballingall noted that many school districts in the Bay Area do have functioning bussing programs but they aze funded by bond measures between the schools and the City. Until that happens in Sazatoga, Chair Ballingall stated she does not feel any single school would fund such a program themselves. Vice Mayor Baker asked how Moreland School District runs their bus program Chair Ballingall responded that their program is very restricted and serves less than 25% of the student population; most of the users aze in the special education programs. Chair Ballingall noted that Moreland District officials have stated in the past that it is difficult to keep their program going. Mayor Streit asked if we have leazned anything from the programs implemented at Saratoga School Libby Russo, Interim PrincipaUSazatoga Elementary, responded that although she was not at the. school when the program started the improvements seem to be working well. Principal Russo stated that every morning she directs cazs into the circle (which can hold up to six cars) and student escorts open the caz doors and close them. Principal Russo stated that she would be sending a letter to the pazents asking them to have their students backpacks in their laps so when they arrive at school they can just get out of the caz and not disrupt the flow of traffic if the pazents do not have to get out and get the backpacks out of the trunk. Also, Principal Russo stated that her plea to all the parents is to arrive at school between 8:10 and 8:20 a.m. Councilmember Bogosian stated that a resident of the neighborhood azound Sazatoga Elementary he compliments them for the improvements he has seen over the yeaz. Councilmember Waltonsmith asked how the schools felt about staggered start times. City Council Meeting 3 September 24, 2002 'Responding to Councilmember Waltonsmith inquiry, Cindy Chang, Pazent/Traffic Task ',Force Member, Redwood Middle School, noted that their Task Force and the PTA have discussed it and felt staggered times would cause problems for the academic programs and to 'the families. ',Chair Ballingall stated that they have had two meetings at Redwood Middle School in the beginning of the year. Chair Ballingall noted that tonight at the School Boazd's meeting they aze considering changing the start time next yeaz for sixth graders. Also they aze considering forbidding pazents to arrive eazly for pick up and sitting in the pazking lots blocking space. ',Malcolm Broderick, Dean of Administrative Services/West Valley College, stated that the first class starts at 7:45 a.m., although the majority of students start at 9:00 a.m. '.Mayor Streit suggested that Mr. Broderick provide the Task Force with the class schedules '.,and maybe the Public Works Department can change the timing of the lights. Mayor Streit asked how Foothill School's drop off is working. '.Tom Mazantette, Foothill School, stated that the new drop off azea has been working well, 'especially since Seaton Avenue has been opened. Chair Ballingall stated that she recently talked to the principal and he stated that with the two ',drop off areas and two pazking lots they eliminate a lot of back up on Reed Lane. 'Commissioner Tennenbaun noted that the only problem azound Foothill Scholl is the '.speeding. Ideally Commissioner Tennenbaum stated she would like to see a stop sign 'installed at the corner of Tamworth and Seaton. ',Chair Ballingall noted that the District's have worked hard on redesigning their parking lots. '..Commissioner Schindler noted that there aze a few model schools such as Oak Street School. 'Maya Baba, Pazent/Traffic Task Force Member, Argonaut School, noted that they do not 'have much of a traffic problem. Ms. Baba stated they aze continually educating the pazents. '',They also use students and teachers as safety monitors. Dan Fowler, Saratoga High School, stated that Sazatoga has 1287 teenagers trying to get out Hof the building at the same time along with some pazents trying to pick ups some students. IMr. Fowler stated Saratoga High allows Junior and Senior to drive. Mr. Fowler stated that 'he looks forwazd to working with the Task Force to try and come up with some ideas to ',alleviate some of the traffic. Mr. Fowler stated Saratoga High does have staggered start and istop times. Mr. Fowler stated that the biggest problem is speeding. Mayor; Streit thanked Chair Ballingall and the representatives from the vazious schools for attending tonight's meeting. Mayor; Streit declared a recess at 7:50 p.m. City Council Meeling Lj September 24, 2002 Mayor Streit reconvened the meeting at 7:55 p.m. and welcomed the Sazatoga Arts Commission. JOINT MEETING WITH SARATOGA ARTS COMMISSION 2. INTRODUCTION Lisa Pontier-De Mattei, Vice Chair, introduced the members of the Arts Commission as follows: Tracy Halgren Mazy Lou Taylor, Mar Ann Henderson, Sylvia Wohlmut, Betty Peck. Vice Chair De Maffei noted that Lee Murray, Chair/Arts Commission, was unable to attend tonight's meeting. Vice Chair Pontier-De Maffei described the Arts Commissions recent accomplishments and projects as follows: • Completed Mission statement • Established Arts Commission budget • Youth Science Institute Art Contest Judges • Participated in the Gateway Task Force Committee • Pursued implementation of ordinance in conjunction with Planning Commission for Percentage for Arts for development/redevelopment • Calendaz of Events Committee • Attended the California Assembly of Local Arts Agencies • Developing polices and procedures for acquiring, accepting, and caring for public art in the City of Sazatoga • Art in the Park -first event • Blaney Plaza Memorial Arch Task Force • Promoting poetry in the community Vice Chair Pontier-De Mattei stated that each Commissioner would like to present Council with an update on each of their committees they are on. Commissioner Halgren stated that in regazds to the Gateway Task Force, the Arts Commission has been working closely helping to create the design guidelines, which will be going to the Planning Commission tomorrow evening. In terms the Library, Commissioner Holgren noted that the Arts Commission has met with Dolly Barnes from the SCC Library to discuss the azeas in the library where art wok could be displayed. The Arts Commission's task is how should public art be displayed in the library. City Manager Anderson suggested that the Arts Commission should be invited to the next tour of the library. Commissioner Taylor discussed the Arts Commission role in the Master Plan for the Memorial Arch. Commissioner Taylor noted that she has attended two meeting to discuss the Arch. Also, Commissioner Taylor noted that she.talked to the Landscape Architect about displaying public art in the plaza. City Council Meeting rj ~ September 24, 2002 Commissioner Henderson discussed the Arts Commission first event "Art in the Park" in ;conjunction with Celebrate Saratoga. Commissioner Henderson noted that the artists are not charged nor are they charged a percentage of sales. Commissioner Henderson explained that not only would they have art but also live entertainment. Commissioner Henderson noted that the Heritage Preservation Commission would be selling their 'calendars and the Youth Commission would be selling drinks. Commission Wohlmut discussed establishing a "Calendar ofEvents". Currently they have had advertisements in the Saratogan and the City's Recreation Activity Guide. Hopefully in the future Commissioner Wohlmut noted that the Arts Commission hopes to work with the Chamber of Commerce, West Valley College, and KSAR. In regards io the Saratoga Preschool mural, Commissioner Wohlmut noted that the Arts Commission approved the project. Commissioner Peck discussed the Arts Commission appointing a City Poet Laureate Commissioner Peck noted that the high school and the college have poetry programs Commissioner Peck stated that Saratoga has some beautiful gardens and hopefully in the future the Arts Commission would like to establish a Garden Tour in and recognize the great gardens in our City. Commissioner Taylor noted that the Arts Commission would like to co-sponsor the Mustard Walk with the Heritage preservation Commission. i Commissioner Halgren noted that the Arts Commission is currently working on a Public Arts Policy. The Council all thanked the Arts Commission, congratulated them on their accomplishments, and mentioned that they are glad to see such a motivated group. CITY COUNCIL ITEMS Councilmember Bogosian Received a fax from the City of Sunnyvale that includes the documentation that SAVACA provided them on shelter costs and also a proposal from Palo Alto and the events that are taking place in Sunnyvale tonight with decide the fate of the JPA. Councilmember Waltonsmith stated that the Rotary Club has volunteered to paint the North Campus and is looking for volunteers. City Council Meeting ( September 24, 2002 i OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 8:34 p.m. Respectfixlly submitted, Ann Sullivan, Deputy City Clerk City Council Meeting '] September 24, 2002 r S ARATOGA CITY COUNCIL 2 A ENDAIT M: MEETING DATE: November 6, 200 G E ', ORIGINATING DEP-T~:~Admin'i~sitrative Services CITY MANAGER: ~~ PREPARED BY: ~ !x~C'~:~ ~ F~'~~'- DEPT HEAD• ~`~ _. heck Re ister: 10/10/02 & 10/24/02 SUBJECT: C g RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. FIS~AL IMPACTS: OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None UP ACTION(S): None NOTICING ANA PUBLIC CONTACT: None ATT. Register Certification. CHECK REGISTER CERTIFICATION Fiscakxear'02f03 ~~ ~ ~~ ~~ Fund# Fund Name Date 10/10/2002 Manual Void Checks Checks Total ~I AP CHECKS A90440-90586 1 GENERAL 253,047.38 8,444.94 261,492.32 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 13,017.95 `- "13,017:95 160 Transit Dev 170 Hillside Repair 180 LLA Districts 5,608.44 5,608.44 250 Dev Services 8,022.63 -8,022.63 260 Environmental 43,473.20 43,473.20 270 Housing & Comm 8,948.25 8,948.25 290 Recreation 11,307.65 11,307.65 291 Teen Services 605.74 605:74 292 Facility Ops 1,000.00 1,000.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 59,665.00 b9,665.00 352 Infrastructure 31,530.40 31,530.40 353 Facility 30.96 3 354 Park and Trail 8,424.07 8,42 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 1,336.00 1,336.00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 386,352.67 68,109.94 454,462.61 PAYROLL CHECKS: 628453-28494 TOTAL T,~~ 115'J07.31 `..570;169.92 -C-~I-G~ Apr-99 Y < J O IP N O N O Z Z m C N N m O ` 2< r. 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PZm 00m bO ~0b ~ J JJN mJ3 ' O r O 3 N Z V~ O Z J Z m J M m Z N m N m J m O N~ A K aM ~C n O NNL] N~ K J F n b A A na mm w E 'i 2~ O m Nln TO H m 00 w 3 3 m S C Z Y b ~+ ~• ~. r F r p m o 0 0 0 0 0 0 0 0 0 0 'L o o O m o m n o \ \A \ \ \ \\ \ K \ o\\ \F 5 W a O O O oo ~ O O 00 O m N J N t0 ~O V J J J J ~ O n \ \ \ \ \ \ \\ \ \ \ \\\ \ ~ bx N N N N N N N N N N N N N N N r H\ 00 0 0 o O o 00 0 0 0 000 00 ~ mo N o 0 0 0 00 0 0 0 00o c N N N N N N N N N N N N N N m o e r ~ n m m m o- m e Y o 0 o b 0 0 o r. r o ~ ~ c m w w ~+ N m Y v v .~ ~ Z O O 00 O O N O a O O O D d d a O H O C N O U O a O Y O Z VI O O O tl~ N H r N Y V m a N W ~+ m d H ~+ N u N N N m O N V~ N N N x T a N a O A N A O d a w m O O O A 00 O O A OOO O qZ m0 w o r o 0 o v~tn a o 0 000 ~ OH 'O C A Z A D r n 5 O m 3 n n b 4 ~ m y 2 m m yy C O A %~ O r ACC ~ O 3 m H C 2 b A m p 2 b m O Z H ~ m o b m H D 4a rnm m H N OCm K ~ m \p p A A N m m2 Z S N m~ ~ n~+ ~'p r C m n ~+ m m r H H O n ~ N H O F b n 3 b A 5A m K F m O m O < H < H < m < < 0 < m < O N < < < m <n 2 < O p 3 N< m m m O m Z m m m m m m m q m b m N m m m m m m m ~ H o b Z Z F Z H 2 Z 2 C Z A Z C Z H Z C Z Z A 2 r O O O O O b O 2 O O O r O P O Z O m q O m ~ O N O O m O p O O A O O O A O O O m O O O AC O C 2 w A A m A Cb A A n A A A £b A m A A q F 'O H H m H Z H H 5 H H H Z H H H H r H r H O O O O O ~ O O O n O N O O O m H H H a H H b H H H m H L H H H 3 b b b N b b N b b b b m b b b m r r r o r r c r r r ~ r m r r r z C ~ p H • • • N • • m • • • O • z p N CI A x n 5 m n x m x p ~~ N N J J ~-' N J ; b m Z ~p N O O N ~ 00 m 0 ~ J b VI q ~ N T N N N b N N A VI VI O T b Vi N N P Oz~ H O J J J O 00 O V~ N O 00 A m m O O O 0 m N N O O O O O O O O O O O " ~' N N m A ~ Z T O b O J J m m m C ~n m J J O i G - < _ O o - Z O - - - ~ N C S< Y K e y b b yb z m n ~ ~- A y A n A Z C n ~ ~ ~~~ o A o N o< O N o Z o C o b O~ o q o m O S o O o O 00 y O 9 Z9 O- O m O A o b O O O m O O m O C o O o O O C 3' Jf Jy Y mn az J - Jr Yo bmmmy ~o- N Z Y b 0 O A jv N 3 A '-q P O O P W [' m ~. r N O J yro b Zb m~ o y N m J V K A Z K b oooooq m J K Ny1PmgA ' Z~ O as dOO 00 ~- y A d w w iO £ b A 0 0 0 0 0 on o oooocm n 0 0 0 0 0 0 00000 m J W N m N J b b b ' O n \ \ \ b S N N \ N N N N NNN ~ H\ 0 0 0 0 0 0 0 0 0 0000 mb 0 0 0 0 ooooc b N N N N N N N N N N N N N N N N m N N N N N N O ~p b b o b y o N1~Jio O O b o o N o 0 0 '- n n q q q O Z O O Oo O O O O O O O ' O C y N O O N O m N N 0 0 0 H ~ (Ii A N N ll~ N q N N a A N T V fp N N N A N N X m A m A O d O O O o b Z NO O O O O N O O O O O +l C A n n n O O n b 3 O O H y O m m m C C r A C m m AHZbr 'b ~ b b b Z Z A b m 3 O Z b A A G ' m o b y y y n n y O m n m m H x O ~ n M v~ y y y m m G1 N N m r A m m ~+ b A ~-'H3y ~ MH oA A A A n n H A H y Z n n m C 3 m \ O m < m < m < 5 < 2 < < m < < M < m < < y o b 'v 3 N G m m m m m m b m b m O m m m A m m y m b m ycbm'-' C Z c Z C Z m Z m 2 Z Z ~ Y m Z m Z Z m Z C m w r Z ~ 0 r Z O 2 b Z b m b VI b O b m O b b m O 'tl m l/i r+ H ' O O O O O O O A O A O y O b O C O m 0 O A O brOm~ ' Z NM A A A O A O A C A A Z A m A A O A N ~' O N H H H pZi H m H ~ H H b H m H H m H m umi z c ~ 0 0 0 0 o r o 0 o r o 0 o y H m H H H b H H H H H '+ H H m H m Y b b \ b ~ b m b b b Z b b N b r C C' C' N [' N [' N [' C [' O C C [" \ J J m • • t \ • • • w • • \ • y O 3 N N O N O A m ? ~O ~ A W W N Nm O Op T A r A O N m 0 O O O mNN O O O q O O O w N N O O O O O O O O O N N O O O O O O O m O O J O N F' m m m x m Z ~Ob C .+ ZH HC A ' m b O y N c m b Vf i o ° ~ T , s C o ~ ~ .:z J b _ _ m J O O W ~ < " Ci V. > > > > ~ O O C y ,'. 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Yrtj NY(I~ K OyKy JNn JO~IIid NK dm J0q 0 d m p W ' m mp oo O Z mNe m ob z ~ ~ C mm 3 °mm £ O O ~Z Z N C O O O q 0 m A m .Nj 9 X 0 0 • ~+ Z r N Z n NN C m O Yb YH Yn Yb Ym 3 O H o O O K O O O O q O O O O O O A Y O O 3 n oY oo\\ oz o\r o\\\\\n ~ ~~ '\ ~ m ' O oo H oK ooooom o oN o s m •O Z \\ m J\ r•11 \ J \ J J J J J p J 0 J n ! O n \\ o \ \\\\\ \ \\ ~ m ~b% NNNN Nr NN NNNNNNr N NN N N ~-]\ 000 0 00 0ooooor o 0o O o Imo N oNNO o 00 000000.0 0 00 0 o c N N N N N N N N N"N N N N N N N m N N O O O O 00 O N N N N 000 0 00 c m`° °. o n n O Y W W N W W N N N N N N Y O O A O O Z N 0000 N 00 NNNVI VI VI O O H V~ U• N N A A A A A Y N A A Y m N N U Vi X S N A A A W A A d A d A > O m O O O O O O O 0 0 0 0 0 0 O d A b ZO A A A d O O O O O '. Y O O O O O Y Y N N N N Y Y O O O O O O H '0 C £ A '. m 9TS2 N Om <b~Om~ q CC yH C •O m ~, b mm~~ n YO nmmO2H -n bb % b •m oq ', H CCCY O fO< XmMmK 4iN M 41 ~ (/+ \ V ' m n Z U+ m r m b Vl N n m n .+ Y q nlJ~m O fn '+A Ombb 3 9 ~ wH ob ' O VI ' M Z C H .'o A m 'F m O < < S S S O < A < m < b m •n H < Z < m m < G m < ~ A 3 N< ' m m m m m m m m H m m n m G) b H O r K m C m •+] m m m m '+f m i M o b Z N Z b b b Z m Z O O Z b m m m Z H Z C C Z Hq Z C Z o r b m 0 NHHA O~ O < O tin«nG13 O m O ZZ 0 5 0 0 0 Z N~ o C o C O O m O 5 n m b b o Ul o O O O F A Z Z Z m b 'D ?f b .'a O H 3 C H F A m O A A b Ll O L] . K b Z C m H b N H C H H H r H rZ~nm H\ H H b H H H O [n O Z Z 2 5 O N O C O H Y H< a O N O O b O O + r + OOOm : N + m : H nN H N H ± •o : : • b b ~•-l~b b b b 4]Ybm b b b b b r m r m r r r b n c~ b r N r r r r % nnnY \ H „bt] C m h NNm4Z] ~•' b 20HLCl fci~ m m z H m X o m ~ Ym y3m z N O D) N N (I~ N O W N i O O O d p• O Y Y V~ Y d ~/1 N w O O J C '~ N N ~ N O 0 0 J P O m W A W N O O O ~O O I H Z ~ •-] C ' N O N 07 N J d W pf O T N O d O O O O N 'A r Y O 0000 W W W ADO J d0000W O O O 00 O O O O N m Z y b T O b O m N N C m 0 o c c c <' r, rc 0 o c c ~m ..zz_ N N~ O O O m O b ~/ ~ O 2 Z' b 10 0 m N N O O ~\ ti \ A' - O C O ` 2 O O 2 A q n Z F _ p p m O £ N < H 0 by r m b C A 000 oooom oooa o2 oA oz o oor on o0- oOZ om o>~ N o ''II,~ Om mK N N ~00 00 00 o C - O O Y Y Y~ H Y Y m Y 'y n Vl Y A Y C V q b Y n Y ~ z n m m mNmmb 1om2 m m JH ~~ Wr Jo Z •nx YA ~Ox vl vow W Yr o m m NA m m ~Z Y m w N d N V 01 N O N~ m 10 A m b b A W O n V J A Y o H H m p a NNNNOO O'R A O < T mmm2 J- N Z 2~ aaaaaan N Z X00 w A A A A A A Wn n Y Y Y Y Y Y Y 000000 00 0 0 0~ 0 00 0 00 o n \\\\~.\ \~ \ \ \ \ \\ \ \\ \ x 000000 no 0 0 0 0 00 0 0o e ° pn J J J J J J .i \ J A A J J J ` N \ \ \ \ \ \ \v \ \ \ \ \ \ \ \ \ NNNNNN NN N N N N NN N NN N N ~ rb-]\ 000000 Oo 0 0 0 0 00 00 0 o imp 000000 00 0 0 0 0 00 0 00 0 o c NNNNNN NN N N N N NN N NN N N m V V Y W O O 00 O O 0 0 ~ 0 0 N Y V m m m m m 0 O O O 0 0 Y O V '.V 0 0 0 0 0 0 A V Y Y Y N n n ~ W W W O Y N W V O Y Y Y Y Y P X 2 0 OOOOOY WO O W O O Y00 O 00 O O HOC Y V O T A O O N N O 'ZJ• N NN NIPN m0 O N O VIN O 00 N N m N m N N m N V I V I N V 1 U• N N NY u m m m N N N N N N N W N N W O X V W W W W W d A d d d N d W O 8 d N m 000 00 0 o O O bZ m O O Y O O O O Y Y Y Y O O O O a Y Y YY OJ O Y O Y A O 1P a O ~Hc A H H H H H H n n A ~ A m rn n v N O m O •• m AAAAAA qq m r r co m ~ x yy ~v Y bbbbbb rr m m m b3 ~O rY q Z .m ob '~1 M '9 +1 'd 'V fn (n C Z X % M 3C O m Y m n ~ fn \ •p '~Imm A~aA mm `+ H H5 m b Z m ~ nY YM 2 2 r m m m O n N ~ ry H o A nnnnnn mm v Z m m mw ~3 m0 m n m \O < m m < < yy < Z < 2 < m H < < 3 < < £ ~ q 3 N < nnnnnn m m +1 m 2 m m m m m K m A m N 3 m b m b ~ H o b 000000 Z mn Z m Z O Z w Z ry 2 s 2 m Z m Z r Z A Or Z Z Z Z Z Z p H O O Z p m O p O C 3 O ^I p H 3 O C O m ~ O N H H H H H H O Z Z O n O O H O H O ro H O C O K O O O O A ~ Z N AAAAAA A ~ H A m A m A m A m A G1 A Z A A A £ A O 000000 A C O mY YY Z N r r r r C r H w O H n H ? H ~ O r O Y C O O b r O n O m H mmmmu,m •O-] wC H y H H 3 H H H 'n ~v H H y< H m H 10 CCCCCC b m b H b 3 b b b mM b b zm b b\ • •o 'O 'O •O ro •o r O A r b r m r Z r 3 f H r r C O r Y r N C N r C ~ M • n • A • ~ • M • • Ip • • < • • m m m m ro m z H z m m m ~' z N N N41Nmtnm y K L) H H 3 n x m n X m x a W W N N ~ b Z N O Y N N ~ SO O N W J a m N N N T O N N J J N a O O N ~ C I"I W N Y O N A N N V 1 N J O O N O ~ Z H o ~HC JYOmIPm o 0 0 0 o a mm o a 1pa o 0 o A m 1O N N V N VI O N O O O O O O O 10 W T O O O IP N O O O O m ro O b O W m VI M N N N y C N N m 1D .p ~ p ~ A 0 0 0 0 0 o G~nro ` ~ Y m ~ •. z s ~O 0 N O ~ fv 0 $ Z H C O O _ ~ < I c c > m m > b O ^ > T ? C. ~ O L: m O H K Z m O T C r' Y a A p n z r r ~ a c A a M Z A O £ Vl Z N 2 ti b 0 GZ. '' A o0 0 - oooH o C o o D o o 0 oooto O '' C 0 m o o q off 0 O o S 0 C o~ ooo ~ l ] Y~ Y Y Y ~ i Zn m F b O A iv w~ A W W N„ N Y A Y M Z ~o [ ' L q ', Y O~ a A M O V m ~ 0 A 1p N O~ y' n a T N N A m O r ~ b ` m Z NO m NN A O o O q K JZ A AZ ~Z mm n a 'A ~ oo w a a m A m m o b goon o o< 0 0 0 0 . j o0o n ~~ ~~~. ~ ~Y ~ ~ ~ ~ 0 o ~~~ S o 0 0 0 0 o n o 0 0 m J J J J J J b m N ~ V ~ J 2 b b ~ ~ b n ~ ~~ ~~~ ~ ~m ~ ~ ~~ bA N N N N N N N N• N N N N N n N N N . H 00 0 0 0 0 00 00 0 mb 0 00 ow o 0 03 00 N N N N N N N N Z N N N N N q N N N (p ~ 2 K m 00 O N N O 00 00 ~O O NNN b O O n n ~ ' o ~~~ 0 0 a a zo 0 00 roc N O~ O O n o Z v~ vi v~ in in ~n ~ H N N V~ a N V~ N IP Vi Vi ww a m ' NNN N NNN % q 0 00 o O a N o O A o 00o m bZ 0 0 0 In b 0 00 O YY VINN Y J O A O O Y YYY OH b C A H A yyyy 55 4 4 4 nnn n b Z n r m % n C O b Z HHH AAA ~ O m Y ' m Z2Z mmm b ro b 2 fn bba ~m oa N CC A n Vl m N n H m+Iq ~ fn q N C q 3 y b N y m ~ C ~~~ i ~ o A '. m b b yy 3 M ' O mN AA'A q A m A n n nnn m ~O ' < Z < ~ G HHH G C < C < m < < m < S < H < ~ q 3 N < m O m n m In W f~ m q m N m q [0 b m q m b m O m n n n ~ H o b Z Z O Z Z b Z Z ~ CC A r N O 3 H O b O b r b Z b m O O Z Z Z ~ O N O O O b O O O O O A O q O H H H ~ Z M ' A r A C A A m A Z A A ££ A A O A m A A A A r m m o ~ c H H b H H H H H H H Z H H H H r O to O H o O O O O O n O O o 0 b b b b b b b b b a b C C C r r n c r r b r r r r r r groro m r J q q q z r r r O o +. . . . . m N N m m m A !~ VI m m yy q 3Z N N a O b p V~ w V d O O W J W W N C ~ 0 o O O N in ~n m Z y H i. O O a Vi N J J A ' O O m A A N ~O VI m J J O O O O O O O O O O O O N J N W m S ~ + b q b b n y m w c m I b m • ~ n.._ ~+ m .. z is ZZ _ _ v. c m q O ~ O A YC y y C3~ - s im ~ z ~o o N ri m A A J 9- Z O O ~.+ o n ~ x ~ m i on ~ bX N H~ o mo N c m N v~ b o n n zo oc z H N m N ~( q N o m bZ c NO off me n H % ~ A r m O ~p m oq ~ Or N ~ AH OrV m Hm< ~q3 NC O%m b ~H oq Y q 0 C ~ or 1 +1 O ` rzo o ~z OA E „ ~ Y N HH +c0 Z n H +mH m ~ f/i r m x b z i oo N N o [[[ ~ y C ~ vo o m >m ~ q 1 m m~ y o N b m C my m ~+ a G m CHECKrREGISl'ERCERTlFICATION. Fiscal year 02103 Fund# I Fund Name Date Manual Void Total 10/24/2002 Checks Checks AP CHECKS,A90587-90738 393,929.13 12,153.27 406;082.40 77,312.45 1,459.83 (1459.83) ?773i2.45 14,525.95 14,525.95 17,848.20 17;848.20 54,868.51 54;868.51 2,350.00 2,350.00 25,666.70 899.00 _26,565.70 904.28 904.28 200.00 200.00 1, 085,404.46 '.: ] ,085,404.46 2,626.34 2,626.34 626.75 626:75 19,294.27 19;294.27 2,000.00 2,000.00 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 300 ' State Park 310 ' Park Develpmt 320 Library Expansion 352 Infrastructure 353 ', Facility 354 Park and Trail 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable N 730 PD #2 740 PD #3 800 ' Deposit Agency 810 Deferred Comp 830 ', Payroll Agency 990 SPFA PAYROLL CHECKS: 628495-28529 TOTAL 260.31 260.31 304.11 304.11 1,769.00 1,769.00 1,699,890.46 14,512.10 (1,459.83) 1,712,942.73 116,O1f:12 1,828;953.85 Prepared by: ' Date: Approved by: Apr-99 - J C -- +" -- - - O J O O c A C_ _ - - C O N J d N_ C -- -_ _ ~ N O ~ N Y m V' O ~ A W 6 .• ~. ~ _ w N d ~ - (~ / _ m O m m D D b ~., D a b > c z O z' _ C r < D T P P y Z H~ xO b - x D ~ .. r n i r = <_ A O^. 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Y . 3 ~ • A m m m n . N N D 3 R % v _ bm 3Z J N ec c.. O N N Z H •HC r P 0 0 O J m O `G m P o 0 0 0 0 0 0 0 0 0 o m o 0 0 o N N J g O b m o~ m y N N V) C mo m 0 n ~ o v~o ~ 2 S~ O P A ~~ a > ~om~oom n x~m b o m 4 ~ 9.. < m ~ m n ~ZZ~S3~ m ~ O O ~ n J m~M o ~Z ~m y j/ N T n m x ~ m < ; ~ m zm n m ~ Y Z ~ ft N ~ b~ z r o ~mo~ m min m n H a o n m n 0 N C Z Z H n z n 0 0 o c zn ox u m ~ a m a n v n z o 00 N ~ O ~ b v b ~ N o H~ K m~ b N m q r r m r N n m x m m n .'t Y F m Z n P ~ m z n m m n x m o 0 w s n m s b H ~n m C H H r ~ H C 5 ma Hm . 3 . . o . bH~ H a N >r b O N N V~ ~ b 5 ~ mn~ n nm~ n 0 ~ m~~ m' ~ ~HO~ H • ~ Y ~ m 2 .z ~mn ~ 9 OT mm HA ~O ~ 333 m Y G ~ m O O ~Hn~mNm OS~ o ~ O Hm~ o m ~vn~ 0 0 ~r~~ o o r SARATOGA CITY COUNCIL METING DATE: November 6, 2002 AGENDA ITEM: DEPT: Administrative Services CITY MANAGER: %~~ 'ABED BY: DEPT HEAD: , Budget Monitoring Report for the First Quarter Ending September 2002 ACTION(S): ~~ Accept the Budget Monitoring Report for the year-to-date first quarter ending September 30, 2002 and the Treasurer's report ending September 30, 2002. REPORT SUMMARY: The accompanying Budget Monitoring Report represents the operating revenue and expenditure activity of the City of Saratoga for the first quarter eriding September 30, 2002. The Finance Commission previously formed a reporting subcommittee that focuses on making improvements to the presentation of financial information. Staff developed the following report after obtaining much useful feedback and review from the Finance Commission. activity for the quarter along with information we predict for the future promotes in an w the City's need to exercise caution. Although first quarter resources showed a slight with the City's most stable revenues, as expected, most of the City's revenues are 1. Staff will continue to closely monitor the pertinent data that may affect the City's collections and will be evaluating whether expenditure restraints will need to be at the mid-year budget review. r1 l.._J Additional support for the City's need to exercise caution comes from many economists' whose opinions continue to be mixed on how rapidly the economy will recover. Although signs of recovery exist in Saratoga growth is questionable. For example, although the County reports a 5.52 percent assessment growth this fiscal year this is far below the 17.61 percent growth experienced in the prior year. This drop in the assessment growth rate is a result of the temporary devaluation of properties that reflect the change in market conditions. For thie first quarter ending September 30, 2002 revenues are as expected and expenditures are under budget. FISCAL IMPACTS: Discussed above. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Budget Monitoring Report. B. Cash and Investment Summary Report. r~ L.J 2of2 r • UM City of Saratoga, California 2002/03 Budget Monitoring Report July 7, 2002 through September 30, 2002 `°-.,. •-<,> ' City of Saratoga Budget Monitoring Report Quar[er Ending September 30, 2002 For 2002/03, the Administrative Services Department will begin producing the Quarterly Budget Monitoring Report with input from all City departments and the Finance Commission. This report is intended to provide an overview of financial activities that have taken place through the reporting period, quarter ending July-September, 2002. The structure of this presentation begins with an overview of citywide information to specific General, Special Revenue, and Capital Fund information organized by revenue categories and program expenditures. Excluded is debt service, agency, and grant fund activities since they are normally excluded from the operations planning process. The various summaries display year-to-date budget to actual comparisons illustrating the variances that have occurred. All comparisons to budget are based on the Council approved FY 2002-2003 Operating budget, as amended. If ou have an uestions, comments, or su estions lease contact Jesse Baloca (408) 868-1212. Table of Contents Page Executive Summary Bottom-line and the Economy .................................................................... 2 . Revenues ............................................................................................. 3 Expenditures ......................................................................................... 5 Beginning Fund Balance ........................................................................... 7 Resources General Fund ...................................................................................:.. 8 Other Operating Funds :........................................................................... 10 Expenditures General Fund ................................................................................... 13 Other Operating Funds :........................................................................ 14 Reader's Guide ......................................................................................... 16 Page 1 ` 5. .. <r>..~_-,"`' City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 EXECUTIVE SUMMARY OVERVIEW 1. Bottom Line - We Need To F,xercise Caution • First quarter revenues showed a slight growth, as expected, primarily in the City's most stable revenue categories. Since most of the City's major revenues are received seasonally, the City will remain cautious with the rate of spending and will evaluate whether expenditure restraints will need to be implemented at the mid-year budget review. • Economists' opinions continue to be mixed on how rapidly the economy will recover but are consistent in the belief that the Bay Area's economy is recovering more slowly than the rest of California. • Staff will continue to closely monitor the pertinent data that may affect the City's revenue collections and will be evaluating alternatives for implementing expenditure constraints, if necessary. 2. Economy -Signs of Recovery Exist But Growth is Questionable • The County reports 5.52 percent assessment growth compared to Saratoga's growth rate of 3.47 percent, which primarily reflects the temporary revaluation of homes greater than $1 million that have experienced a significant market decline. • Although the Nation's unemployment rate fell to 5.6 percent, California's unemployment remains at 6.2 percent. The slight improvement from the July 6.4 percent rate, primarily reflects the large drop in estimated labor force participation and has yet to show an increase in consumer spending. • Sparked by historically low home mortgage interest rates, home sales were strong in July but we're down compared to the pace experienced during the early part of the year. • Saratoga Building permit activity shows a decline with 416 building permits issued with a valuation of $16.3 million during the quarter compared to 463 fourth quarter 2002 ($19.4 million valuation) and 462 prior year first quarter 2001 ($16.6 million valuation). Page 2 `~°- - ° - City of Saratoga . Budget Monitoring Report Quarter Ending September 30, 2002 3. Revenues -Overall, As Expected The City's four major revenue sources (property tax, sales tax, franchise fees, and motor vehicle license fees) comprise 77% of the General Funds budget. In total property tax, franchise fees, and motor vehicle license fees aze greater than budget projections. However, sales tax revenues have yet to experience a turnaround. Miscellaneous revenues and licenses and permit revenues appear to be currently under budget, however, the timing factor for these receipts is currently being evaluated for determining a more accurate variance. For example, the straight-line method was used for measuring business license renewals even though the majority of licenses may have a January 1, 2003 renewal date. Development Services Fund projections are above projections with building revenues that have been higher to offset the planning and engineering fees that are currently lower than projected. • Although environmental fee revenues are slightly under projections, offsetting expenditures were only 20% of budget for the quarter. • Revenues from Recreation Services are very strong with class participations and special event revenues higher than budget expectations. Building rent and ticket surcharge fees are nominally below projections. All Fund Revenues In 000's Variance from YTD Budget 2002/03 YTD YTD Favorable % Actual/ Fund Bud et Bud et Actual (Unfavorable) YTD Bud et General $ 8,808 $ 1,166 $ 1,105 $ (61) 94.8% Other Operating: Streets & Roads 2,863 170 177 7 104.1% Development Svc's 1,383 341 371 30 108.8% Environmental Prog. 589 97 85 (12) 87.6% Recreation Svc's 1,557 366 425 59 116% Subtotal $ 6,392 $ 974 $ 1,058 $ 84 108.6% Total $ 15,200 $ 2,140 $ 2,163 $ 23 101.1% Page 3 's~ ~LL'~~'`9; ~ AP''... ~'+ Cit of Sarato • y ga Budget Monitoring Report Quarter Ending September 30, 2002 The following graph displays current year-to-date resources compared to budget for the General Fund and sum of the reported Other Operating Funds. For more detailed information refer to the Resources section of this report. Revenues by Fund Category In Thousands 1,200 1,150 1,100 1,050 1,000 950 900 General Other Operating Funds ®YlD Budget ®Actual Page 4 -'• -- _ City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 4. Expenditures -Economy, Dedication of Large Reserves, Need to Exercise Caution Note: The variance analysis presented is an accurate measurement of quarterly activity. However, due to the various revenue streams and their unrelated timing to the expenditure programs of the City, the evaluation of merely balancing current revenues less current expenditures (net operations to-date) cannot be used as an appropriate method for managing the various program activities for all funds. • General Fund expenditures are currently under budget. However, the City needs to monitor yearend more closely compared to the "good times" of the past. The dedication of $3.5 million for the N. Campus property purchase this quarter and the prior years $5.3 million CIP dedication means that the City must exercise activity more closely. Future lookouts include the impact of State revenues after January 1, 2003, insurance and legal costs, mid-year review of personnel costs. • Other Operating Fund expenditures are expected to continue under budget, with the exception of Recreation Services. However, increase expenditures are offset by the greater revenues received for classes and special events. All Fund Expenditures In 000's Variance from YTD Budget 2002/03 YTD YTD Favorable % Actual/ Fund Bud et Bud et Ex ended (Unfavorable) YTD Bud et General $ 11,608 $ 5,059 4,774 $ 285 94.4% Other Operating: Streets & Roads 3,196 799 428 37] 53.3% Development Svc's 1,984 496 418 78 84.3% Environmental Prog. 745 186 37 149 20.0% Recreation Svc's 1,557 389 442 (53 113.6% Subtotal $ 7,482 $ 1,870 $ 1,325 $545 70.8% Total $19,090 $6,929 $6,099 $830 88.0% LJ Page 5 _, ~~; ~: e ~ ;:., t, ~:r :, `'" a'~ %`' City of Sazatoga Budget Monitoring Report Quarter Ending September 30, 2002 The following graph displays the current year-to-date expenditures compazed to budget for the General Fund and sum of the Other Operating Funds. For more detailed information refer to the Expenditures section of this report. Expenditures by Fund Category In Thousands 6,000 5,000 4, 000 3,000 2, 000 1,000 e YTD Budget ®Actual Page 6 General Other Operating Funds ' City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 5. Beainnint=, Fund Balance • The General Fund began the year with fund balance above fiscal yearend 2001/02 projections. The slightly stronger fund balance primarily reflects the combination of revenues that exceeded yearend projections, expenditures spent under budget and purchases that were carried over to the next fiscal yeaz 2002/03. • The breakdown of beginning General Fund reserves is as follows: Operations $ 2.238 million Economic Uncertainty 1.500 million MIS and PERS Replacement .269 million Undesignated 2.961 million ~ 6.970 million Streets & Roads Fund began the year with fund balance slightly lower than fiscal year 2001/02 projected. The variance primarily reflects the timing of grant and project revenues related to capital improvement project expenditures not received by fiscal yearend 2001/02. • The beginning fund balance for Environmental Programs reflects 2001/02 environmental fee revenues that were greater than budget, 2001/02 billings that were not received by the City till current fiscal year and savings realized for the 2001/02 spring day cleanup. Beginning Fund Balance -All Funds In 000's Variance From Budget 2002/03 Favorable Fund Bud et Actual (Unfavorable) General $ 6,670 $ 6,970 $ 300 Other Operating: Streets & Roads 2,229 2,121 (108) Development Svc's 1,698 1,717 19 Environmental Prog. 488 822 334 Recreation Svc's Subtotal $ 4,415 $ 4,660 $ 245 Total $11,085 $11,630 $ 545 Page 7 -..- `City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 REVENUES 1. GENERAL FUND In a Snapshot • The City's four major revenue sources (property tax, sales tax, franchise fees, and motor vehicle license fees) comprise 77% of the General Funds budget. In total property tax, franchise fees, and motor vehicle license fees are greater than budget projections. However, sales tax revenues have yet to experience a turnaround. See prior comments on page 3. • Miscellaneous revenues and licenses and permit revenues appear to be currently under budget, however, the timing factor for these receipts is currently being evaluated for determining a more accurate variance. For example, the straight-line method was used for measuring business license renewals even though the majority of licenses may have a January 1, 2003 renewal date. General Fund Revenues In 000's 2002/03 YTD YTD Bud et Bud et Actual Variance from YTD Budget Favorable (Unfavorable) Actual/ YTD Bud°et Taxes: Property $ 2,870 $ 8 $ 21 $ 13 262.5% Sales 1,7.21 291 264 (27) 90.7% Transfer 256 43 46 3 107.0% Construction 300 85 107 22 125.9% Trans.Occup. 200 18 16 2) 88.9% Subtotal Taxes $4,847 $ 445 $ 454 9 ] 02.9% Franchise Fees $ 954 $ 79 $ 68 $ (11) 86.1% Motor Vehicle Lic. Fees 1,742 470 479 9 101.9% Licenses & Permits 378 70 61 (9) 87.1% Fines & Forfeitures 64 16 13 (3) 81.2% Miscellaneous 823 86 30 (56) 34.9% Total GF Revenues $ 8,808 $ 1,166 $ 1,105 $ 61 94.8% Current Highlights: • Property Taxes are projected to be $2.870 million at the end of the year and, on a cash basis, were currently above projection during the first quarter as illustrated by the following historical data. July cash receipts were accrued as June revenue and not included as third quarter revenue. Page 8 .Y.,,,>`" City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 PROPERTY TAX 001.1040-011-01-00/02-00 1999-2000 2000-2(101 2001-2002 2002-2003 July 3,903 6,651 10,602 10,679 Aug 1,612 2,003 5,145 19,476 Set 1,583 2,579 3,013 1,679 YfD 7,09ft 11.233 18,760 3/.83J Oct 134,663 133,618 4,274 Nov 67,392 65,505 140,782 Dec 363,930 531,274 824,188 Jan 149,862 147,621 309,580 Feb 3,369 5,735 7,663 March 83,565 82,008 204,917 April 241,826 306,532 548,492 May 57,563 65,522 133,095 June 127,091 138,462 245,342 Total 1,236,359 1,487,810 2,437,093 31,834 PROPHiTY TA% 900,000 800.000 700,000 600.000 1999-2000 500,000 2000.2001 400,000 -2001-2002 300,000 2002-2003 200,000 100,000 0 eC a • Sales Tax has yet to turnaround with current receipts at that are at $264k for the ending quarter. Current cash basis projections for the first quarter are $291k with an annual forecast of $1.2 million. TOTALSALES TAX 001.1040-012-01-00/02-00 1999.2000 2000-2001 2001-2002 2002-2003 July 80,382 75,068 97,555 75,300 Aug 107,592 99,324 125,283 109,414 Set 70,416 166,816 69,678 79,777 YTD 25R,390 3a/,20R 191,5/5 2(~l.~l91 Oct 152,776 55,180 93,898 Nov 102,698 110,903 121,982 Dec 116,379 150,974 97,275 Jan 82,311 95,357 98,512 Feb 108,167 124,354 116,457 March 123,615 122,318 72,445 April 66,239 51,267 79,153 May 85,934 104,242 102,282 June 135,366 133,690 90,693 Total I ?31,875 1,349,493 1,165,213 264,491 TOTAL SALES TAX 180,000 160.000 140,000 120.000 -1999-2000' 100.000 ...2000.2001 80,000 -2001-2002' 60000 _.~2002_2003~ 40,000 20.000 0 ~ ~ N ~ Z O -r li A $ ~ ~ • Motor Vehicle License Fees are as projected with total annual receipts of $1.7 million. MOTOR VEAICLE LICENSE FEES 001-1040.432.01-00 1999-2000 2000-2001 2001-2002 2002-2003 July 132,660 130,642 130,203 155,136 Aug 117,308 134,706 209,557 160,407 Set 182,459 147,682 170,531 163,573 YfD 132.f17 J13.030 5/0,591 J79, 1/6 Oct 121,759 191,760 88,403 Nov 117,151 124,533 159,684 Dec 89,981 115,396 115,330 Jan 125,245 124,524 127,186 Feb 159,403 181,644 167,134 March 119,997 123,017 137,952 Apri I 141,269 153,612 142,950 May 123,175 130,023 119,554 June 141,478 151,852 162,191 ToW 1,571,885 1,709,291 1,730,975 479,116 MOTOR VEHCLE LICENSE FEES 250,000 200,000 150.000 -199&2000 ..- ~ .......2000-2007 100.000 -2001-2002 X2002-2003 50.000 0 J Page 9 \_J m~~, f.5 ~~ ~p a. ~:~ ~`'" City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 • Construction Tax appears to have bounced back during the second quarter with current receipts at $106k or 35.6% for the quarter from the annual projection. Historical data for the quarter illustrated total receipts compared to annual projections at 28.3%. CONSTRUCTION TAX 001.1040-413.02.00 1999-2000 2000.2007 2001-20112 2002.2003 July 41,726 43,010 60,595 47,432 Au8 49,662 53,099 38,245 7,948 Se 1 27,639 23,279 14,263 51,492 YTD 119,017 119,3AR 1/3,103 /06.872 Oct 40,305 52,559 28,149 Nov 45,806 49,762 13,187 Dec 92,078 80,166 12,310 San 9,404 13,727 14,783 Feb 4,193 19,190 13,498 March 25,335 23,372 38,809 April 16,345 37,891 26,801 May 16,527 41,916 47,680 June 37,214 40,059 49,445 Total 406,234 478,030 357,765 106,872 2. OTHER OPERATING FUNDS In a Snapshot • Other Operating Funds are expected to continue under budget, with the exception of Recreation Services. However, increased expenditures are offset by the greater revenues received for classes and special events. ~NSTRUCIION TAX 90 000 , ~ &1,000 ]0 000 •-1~~ . fi0,000 ' ..... 200cF2007 50,000 -2001-2001 40 000 . - -~NA1-2W3 ao,aoo 20,000 to,ooo 0 )'d WQy~+v °d?°~ o°` 1~ ~ ~iO°pQt~~§1 ~°° Streets & Roads: ISTEA St. Hwy. User St. FHWA Reimb. TEA 21 Measure B Transfers/Other Misc. Tota] Streets & Roads Development Services: Geology/Engineering Planning Fees Arborist Fees Permits -Building Permits -Grading Other Operating Fund Revenues In 000's Variance from YTD Budget 2002/03 YTD YTD Favorable % ActuaU $ 253 415 104 111 7 ]06.7% 284 199 49 51 2 104.1 377 1,335 17 15 (2) 88.2% 6 2,863 $ 170 $ 177 $ 7 104.1% $ 134 $ 33 $ 29 $ (4) 87.9% 300 84 38 (46) 45.2% 80 20 16 (4) 80.0% 725 189 270 81 142.9% 46 12 14 2 116.7% Page 10 >, ~~.~ ~Ci of Sarato a ~'~s t3' g Budget Monitoring Report Quarter Ending September 30, 2002 Other Misc. 98 3 4 I 1333% Total Development Svc's $1,383 $ 341 $ 37] $ 30 108.8% Environmental Programs: Environmental Fees $ 535 89 71 (18) 79.8% Other Misc. 54 8 14 6 175.0% Total Environ. Prog. $ 589 $ 97 $ 85 (12) 87.6% Recreation Services Camp Fees $ 160 $ 14 $ 14 100.0% Excursion Fees 90 23 23 100.0% Class/Special Events 415 115 130 IS 86.7% Other Sports 70 ]0 (10) 0.0% Teen Services 41 8 2 (6) 25.0% Facility Operations 125 32 28 (4) 88.0% Theatre Ticket Surch. 25 6 3 (3) 50.0% Operating Transfers 631 158 225 67 142.4% Total Recreation Services $1,557 $ 366 $ 425 $ 59 116.1% Total Other Operating Funds Resources $ 6,392 $ 974 $ 1,058 $ 84 108.6% Current Highlights: • Street highway user revenues from the State are as projected. • Development Fund included building permits revenues that are higher than projected $270k or 373% with an annual projection of $725. Historical data illustrates revenues to be at 28% of budget during the first quarter. Planning revenues, however, fell short of projections by coming in at $38k or 12.8% with historical data illustrating revenues at$84k or 28% of annual projections for the first quarter. PERMITS-BUILDING 250.4015.422-01-00 1999.2000 2000-2001 2001-2002 2002-2003 July 93,427 66,417 113,986 118,555 Aug 111,468 140,188 91,537 57,175 Set 97 964 86 947 41,246 94 739 YTD 302.859 193,881 246J69 170.x69 Oct 61,746 123,753 62,535 Nov 94,100 92,113 45,047 Dec 110,134 119,586 28,957 San 50,659 62,124 56,172 Peb 57,059 64,138 45,988 March 74,734 68,142 115,549 April 79,440 126,324 118,770 MaY 87,177 117,061 65,912 June 144 421 89 751 215 909 Total 1082 329 1 156 544 1001 608 270 469 P60ARSBULOING 250,000 200.000 150.000 -1200° P000-2001 2001-2002 100.000 2002 2000 50,000 0 boa ~ ~ °° ~~ o~ '~ ~e~~r ~" ~~'~ Page 11 f e a... `~`~-d,~~~' City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 PLANNING FEES 250-4010d44A1-00 1999-2000 2000.2001 200]-2002 20062003 July 32,050 31,450 20,850 23,950 Aug 44,400 24,500 36,000 12,232 Set 44,000 43,000 15,400 2 228 YTD 120,430 98,950 72,150 38.-!l0 Oct 33,000 37,095 5,200 Nov 14,000 25,640 11,450 Dec 27,200 75,503 15,000 lan 25,550 23,133 23,700 Feb 28,700 30,700 21,450 March 45,100 11,000 23,800 ADril 25,065 39,500 21,600 May 42,468 24,100 14,800 June 30,550 50,790 19 100 Total 392 083 416 411 228 350 38 470 PLAlAlNG FHS 60,000 70,000 60,000 I 50.000 -1999-2000 2000-2001 40.000 ! a -2001-2002 0D•°0° 2002-2003 20,000 10,000 0 °H pad 9°Q\ O° 2°, O°° )°c Qm~.xc4o pQC~ ~p1 )°°o Although environmental fee revenues are slightly under projections, offsetting expenditures were only 20% of budget for the quarter. July cash receipts were accrued as June revenue and not included as third quarter revenue. ENVIRONMENTAL FEES 260.5005.444-0}00 1999-2000 2000.200] 200]-2002 2002.2003 7uly 71,764 68,977 46,924 70,856 Aug 48,701 74,809 69,109 41,281 S t 27,048 40 264 35,509 29,382 YTD 1J7,313 /F.l,O30 /3L342 N1.3/9 Oct 80,502 76,270 57,549 Nov 44,401 40,688 59,261 Dec 29,831 36,069 31,309 Jan 53,740 47,227 57,123 Feb 58,355 47,943 46,016 March 36,702 13,712 31,468 April 65,394 58,744 59,479 May 50,983 50,085 44,320 June 38,585 38,915 32,673 Total 606,006 593,703 570 740 141 519 BNIfdJMIBffAL Fl$ 90,000 60.000 ~ 70,000 60.000 -1999-2000 50,000 .. 2000-2001 40,000 -2001-2002 30.0002002.2003 i 20,000 10,000 0 °N pia ~Q~ Od• 2°~ O°° )°~ Q°'2 °i"~ pQiO ~a9 )°F et Recreation Fund revenues for classes and special events exceed quarterly projections at $130k or 31.3% of annual projections forecasted at $115k or 27.8% of annual ' projections. CLASS/SPECIAL EVENTS 290-61105445-0400 1999-2000 2000.200] 2001-2002 2002.2003 July 11,072 13,925 17,046 22,499 Aug 67,015 65,739 59,595 69,179 Set 29,305 32,109 29,592 38,018 YTD 107,391 111.773 106,133 129,696 Oct 9,763 IS,S86 18,169 Nov 13,217 9,801 10,095 Dec 37,014 42,910 49,555 Jan 56,204 47,782 44,509 Feb 6,159 8,777 12,831 March 67,082 60,557 59,491 APnI 25,382 35,831 51,099 May 28,674 33,683 58,053 June 3,227 15,432 22,427 Total 354,114 382,432 432,461 129,696 CLASS/SPECIAL NENiS 80.000 70,000 60.000 50.000 =1999-2000 40.000 2000-2001 2001-2002 30.000 2002-2003 20,°00 10,000 0 )°H P°9 eAQ~ pd ?°~ O°° )'°° Fe~ov°~ p9t~ ~t.T4 )o°° Page 12 "-_°-> City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 EXPENDITURES 1. GENERAL FUND In a Snapshot • General Fund expenditures are currently under budget. However, the City needs to monitor yearend more closely compazed to the "good times" of the past. The dedication of $3.S million for the N. Campus property purchase this quarter and the prior years $5.3 million CIP dedication means that the City must exercise activity more closely. Future lookouts include the impact to State revenues after January 1, 2003, insurance and legal costs, mid-year review of personnel costs. See prior comments on page S. General Fund Expenditures In 000's Variance from YTD Budget 2002/03 YTD YTD Favorable % Actual/ General Fund Programs: City Council Contingency City Commissions City Manager's Office Legal Svc's/Risk Mgmt. City Clerk Equipment Operations Financial Mgmt. Human Resources General Services Facilities Mgmt. Info. Services Public Information Emergency Preparedness Code Enforcement Police Services Animal Control Parks/Open Space General Engineering Advanced Planning Senior Services Community Support Economic Development Hakone Gardens Park Subtotal Programs Less: Overhead Subtotal Non-Operating Transfers $ 57 139 122 454 398 114 294 S24 203 1S9 63S 303 29 23 94 3,165 195 714 298 89 38 100 162 147 $ 14 31 113 99 29 74 13] S1 39 1S9 76 7 6 24 791 49 178 7S 22 9 2S 40 37 $ 18 29 92 145 21 52 123 39 29 ]2S 61 8 7 13 S25 48 208 56 18 12 21 20 $ (4) 2 21 (4S) 8 21 8 12 10 34 15 266 (30) 19 4 (2) 4 20 10 383 6,486 1,586 1,301 5,122 3,473 3,473 28S 128.6% 94.4% 81.4% 145.4% 72.7% 70.8% 93.6% 76.8% 74.0% 78.6% 80.3% 110.8% 120.3 56.0% 66.4% 97.6% 1 16.4% 75.0% 82.2% 125.8% 84.3% 50.4% • 81.6% 80.1 82.0% 100.0% Page 13 City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 Total General Fund $ 11>608 $ 5>059 $ 4,774 $ 285 94.4% Current Highlights: • City Council includes various annual dues and membership prepaid during the first quarter. • Legal Services includes work for various legal issues in addition to monthly contract amount • Emergency Preparedness includes 10 percent Council approved employee settlement agreement • Parks and Open Space includes various seasonal maintenance and replacement supplies and equipment • Senior Services includes gone-half of the FY 2002/03 contribution to SASCC • • Operating Transfers primarily consists of the $3.5 million contributed to the CIP fund for the acquisition of the N. Campus property in the amount of $4.5 million. 2. OTHER OPERATING FUNDS: In a Snapshot • Other Operating Funds are expected to continue under budget, with exception to Recreation Services. However, increase expenditures are offset by the increases in classes and special event revenues. Streets & Roads: Streets Maintenance Sidewalks & Trails Traffic Control Flood/Storm Control Medians & Parkways Congestion Mgmt. Subtotal Overhead Total Streets & Roads Other Operating Funds Expenditures In 000's Variance from YTD Budget 2002/03 YTD YTD Favorable % Actual/ Budget Budget Actual (Unfavorable) YTD Budgie $ 1,828 $ 457 $ 160 $ 297 34.8% 134 34 70 (36) 211.1% 250 62 44 18 70.6% 204 51 21 30 40.1% 157 39 39 99.2% 30 8 15 (7) 198.8% 2,603 651 349 302 53.5% 593 148 79 69 53.5% $ 3,196 $ 799 $ 428 $ 37 ] 53.5% Page 14 ~~.~ "" City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 Development Services: Zoning Administration Inspection Services Dev. Regulation Subtotal Overhead Total Development Svc's Environmental Programs: Integ. Waste Mgmt. Storm Water Mgmt. Subtotal Overhead Total Envir. Programs Recreation Services: Recreation Teen Services Facility Operations Theatre Ticket Sur. Overhead Total Recreation Svc's Total Other Operating Funds Expenditures $ 606 $ 152 $ 122 $ 30 80.3% 500 125 ]07 18 85.9% 204 51 47 4 92.1% 1,310 328 276 52 84.3% 674 168 142 26 84.3% $ 1.984 $ 496 $ 418 $ 78 84.3% $ 178 $ 44 $ 1 $ 43 3.6% 472 118 31 87 26.2% 650 162 32 ]30 20% 95 24 5 19 20% $ 745 $ 186 $ 37 $ 149 20% $ 727 $ 182 $ 243 $ (61) 133.7% 165 41 27 14 64.6% 83 21 ] 5 6 74.3% 36 9 2 7 25.1% 546 136 155 19) 113.6% $ 1,557 $ 389 $ 442 $ (53) 113.6% $ 7,482 1,870 $1,325 $ 545 70.8% Current Highlights: • Recreation Services includes the higher cost for classes and special events, which are supported by higher revenues received. • C~ Page 15 `-<~~:= City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 Reader's Guide Managing a municipality the size of Saratoga is, in many ways, like managing a medium sized for-profit corporation. Instead of focusing upon bottom-line profits, Saratoga decision makers must skillfully steward public dollars and ensure the effectiveness and efficiency of the City's operations. They must live within legislatively approved budgets that are reviewed by residents, business leaders, and others interested in the City. Like corporations, public entities report their financial condition on a regular basis. Corporations make reports to stockholders while public entities report to their "stakeholders" -the individuals and organizations that have a "stake" in the entity's operations. In addition to an annual financial report, the City of Saratoga will begin to publish Quarterly Budget Monitoring Report to provide "stakeholders" with current information about the City's financial condition and performance in the essential areas of the City's operations, including its Capital Investment Program (CIP). This report is designed to give the reader a sense of how well Saratoga is doing and what its current successes or challenges might be. It includes a high level overview of the City's financial condition followed by more detailed information on revenues and expenditures for those readers who are interested in going beyond the bottom line. This Reader's Guide has been developed to assist you in reviewing the City of Saratoga's Quarterly Budget Monitoring Report. It highlights the type of information contained in each section and presents a glossary of commonly used budget terms. A. Ouarterlv Budget Monitoring Organization Executive Summary -Abroad level overview of the City of Saratoga's current financial condition. It begins with comments on the economy, followed by a series of financial tables and comments highlighting the resources and expenditures of the City's key funds. This section will focus on current highlights for the reporting period with page references to other sections of the report for more detailed discussion. Revenues -Amore detailed discussion of each funds' revenue collections supporting the City's expenditures. Included in the discussion are financial tables showing current year's budget, year-to-date budget, year-to-date revenue collections, and comparisons to budget. The discussion also includes comments on the significant factors and conditions affecting these items. Expenditures -Amore detailed discussion of each funds' expenditures. Included in the discussion are financial tables showing current year's budget, year-to-date budget, year to date expended, and comparisons to budget. The discussion also includes comments on the significant factors and conditions affecting these items. Page 16 ~`- • ~ City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 The comments in the resources and expenditures sections will follow the format: "In a Snapshot" - A "box" containing a quick summary of significant highlights for each fund category. "Current Highlights" -Important information being reported for the first time. "As Previously Reported" -Relevant information that was reported in previous editions. B. Funds Not Renorted On This report focuses on the key op gating and capital funds of the City. The Debt service, Trust agency, and Grant funds are excluded from this report. Since their budgets are excluded from the City of Saratoga's planning process. C. Glossary The following are definitions of some of the more common terms one may encounter in reviewing this document. Beeinning Fund Balance - An account used to record resources available for expenditures in one fiscal year because of revenues collected in excess of the budget and /or expenditures less than the budget in the prior fiscal year. Budget - A financial operating plan for a given period which displays the expenditures to provide services or to accomplish a purpose during that period together with the estimated sources of revenue (income) to pay for those expenditures. Once the fund totals shown in the budget are appropriated by the City Council, they become maximum spending limits. vital Investment Program (CIPI -The CIP is a major planning tool of the City of Saratoga in which needed improvements to the City's facilities and infrastructure are identified, prioritized, priced, and discussed with the City Council and public. Funding from a variety of sources, including local taxes, park development fees, and grants, are matched with the costs of these projects. After the City Council has reviewed and approved the program, these projects are implemented. The CIP covers afive-year period and is updated periodically. Contineency - A budgetary reserve set-aside for emergencies or unforeseen expenditures not otherwise budgeted. Expenditure -The payment for City obligations, good, and services. Page 17 ^°=<~-~;~~ "City of Saratoga Budget Monitoring Report Quarter Ending September 30, 2002 Fiscal Year - A twelve-month period designated as the operating year for accounting and budgeting purposes. The City of Saratoga's fiscal year is July 1 -June 30. Fund -Governmental accounting systems are organized and operated on a fund basis. A fund is an independent financial and accounting entity with aself-balancing set of accounts in which financial transactions relating to resources, expenditures, assets, and liabilities are recorded. Funds are established to account for the use of restricted revenue sources and, normally, to carry on specific activities or pursue specific objectives. Funds may be established by State statute, City Code, City resolution or ordinance, or the Administrative Services Director. General Fund -The financial and accounting entity that comprises typical operations of a municipality such as administrative, legal, contract police, and other departments. Grants - A contribution by a government or other organization to support a particular function. Grants may be classified as either operational or capital, depending upon the grantor. Intereovernmental Revenue -Funds received from federal, state, and other local government sources in the form of grants, shared revenues, and payments in lieu of taxes. M&O (Maintenance and Operatin¢) Costs -Expenditure category that represents amounts paid for supplies and other services and charges. Reserve - An account used either to set aside budgeted resources that are not required for expenditure in the current budget or to earmark resources for a specific futures purpose. Resources -Total dollars available for appropriation, including estimated revenues, interfund transfers, and other financing sources such as the sale of fixed assets and beginning fund balances. Revenue -Sources of income received during the fiscal year, operating transfers from other funds, and other financing sources such as the proceeds derived from the sale of fixed assets. Taxes -Compulsory charges levied by a government for financing services performed for the common benefit of the people. This term does not include specific charges made against particular persons or property for current or permanent benefit, such as special assessments. Trust Funds -Funds used to account for assets held by a government in a trustee capacity for individuals, private organizations, other governments, and/or other funds. ~~ Page 18 CITY OF SARATOGA Cash and Investment Report Balance as of September 30, 2002 • r Anticipated Acquisition FDR• Book Market Par Maturity Monthly Type Institution Date Rating Value Value Value Yield Date Term Earn Unrestricted Cash & Investments: Cash: DD Comerica Bank -Savings N/A AAA $295,486 $295,486 $295,486 2.000% Revolving I $492 CK Comerica Bank-SWEEP Account N/A AAA 1,486,520 1,486,520 1,486,520 0.000% Revolving I 0 CK Comerica Bank -Payroll Checking N/A AAA 10,013 I O,OI3 10.013 0.000% Revolving I 0 Subtotal Cash 1,792.019 1792,019 1,792.019 0.330% I 492 L.A.I. F. & Investments: MF L.A.LF. N/A N/A 17,465,688 17,553,367 a 17,465,688 2.604% Revolving I 37,901 CD San Jose National Bank 07/03/99 AAA 500,000 500,000 500,000 4.140% 07/03/03 365 1.725 CD Heritage Bank of Commerce 10/14/98 AAA 636,542 636,542 636,542 3.080% 10/14/02 365 1.634 Subtotal CDs 1,136,542 1,136,542 1,136,542 3.546% 365 3319 Subtotal L.A.LF. & Itrvestments 18,602.230 18,689,909 18,602,230 2,662°/ 183 41:259 Subtotal Unrestricted Cash & Investments 20,394,250 20,481,928 20,394,250 2 457% 93 A1,752 Restr icted Cash & Investments: SV San lose National Bank-CDBG N/A AAA 93,125 93,125 93,125 1.310% Revolving I 102 MF US Trust N/A N/A 325,964 325,964 325,964 0.000% Revolving I 0 MF L.A.LF.- Library Bond Proceeds N/A N/A 786,254 79Q20I a 786.254 2.604% Revolving I 1,706 CK Comerica Bank -Saratoga Youth Sports N/A AAA 8,536 8,536 8,542 0.000% Revolving 1 0 SV Money Market- Library Bond Proceeds N/A N/A 739,862 739,862 739,862 1.950% Revolving I 1,202 CK Wells Fargo Bank -CDBG N/A AAA 26,911 26,91 I 26,911 0.000% Revolving I 0 CK Wells Fargo Bank-CDBG N/A AAA 6,503 6,503 6,503 0.000% Revolving I 0 Subtotal Restricted Cash & Investments Total Cash and Investments Benchmark Yield Comparison as of 9/30/02 3 Month Treflsury 1.54% 1 Year Treasur}' 1.53% Schedule of Maturities: hnmediate FY 2002-2003 (CDs( Total $21.244,862 1.136,542 Analysis: Fund Reserve requirement adopted 4/5/00: Fund Balance as of 6/30/02(AUDI'I'ED). $2,238,266 $6,969,677 Available Funds: $22.381.404 Unrestricted Pooled Cash & Investments available for current year expenses in all funds: $19,257,708 NOTES DD -Direct Deposits CK -Checking Account MF -Mutual Fund SV -Savings Account ES -Escrow Account a-Market values for L.A.LF provided by State Treasurer " FDR =The Financial Directory rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing assets (notes receivable) arc listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded fiom this report. Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted invesunent policy and there are adequate resources to meet amicipated pool expenditure requirements for the next six months. Submmed by: (Unaudited Results) Cash & Invest 02-03 1 SARATOGA CITY COUNCIL MEETING DATE: November 6, 2002 DEPT: Community Development AGENDA ITEM: 2 '- CITY MANAGER: «-.%~---- PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, October 23, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of October 23, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, October 23, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Barry, Garakani, Hunter, ICurasch, Roupe, Zutshi and Chair Jackman Absent: Commissioners Barry &t Roupe Staff: Planner Oosterhous, Director Sullivan ~ Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Cotnmission Meeting of October 9, 2002. (APPROVED 5-0) 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 lawgenerally prohibits the Planning Commission from discussing or taking action on such items. However, thePlanningCommissionmay instructstaf (accordingly regardingOralCommunications underPlanningCommissiondirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 17, 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 Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing in court, you may be limited 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 hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. DR-O1-035, [JP-O1-013, ED-O1-002 (393-25-022) ST.ANDREWS PARISH AND SCHOOL; 13601 Saratoga Avenue; -The applicant requests design review and use permit approval to construct new facilities for St. Andrew's School and Parish. The Planning Commission will take public testimony and will conduct a formal discussion of issues. The Planning Commission will not take action to approve or deny the project at this time. The proposed project includes the demolition of existing buildings and the construction of the following facilities: Performing Arts/Gymnasium, Sunday School Rooms, Administration Offices, Classrooms, Clergy Offices, Parish Center, and a Bell Tower. The project also includes: a memorial garden, covered walkways, an outdoor eating area, re-grading and reconfiguring the parking lot and eliminating off-srte queuing. New building construction will total 72,345 square feet and will include six new r structures. The existing sanctuary is to remain. (OOSTERHOUS) (CONTINUED FROM 10/9/02) (NO DECISION WAS TO BE MADE AT THIS MEETING, WILL BE HEARD ON DECEMBER 11, 2002) 2. APPLICATION #O1-044 (403-28-034) - AZIZI,18360 Purdue; -Request for Design Review Approval to construct atwo-story single-family residence on a 8,040 square foot lot. The floor area of the proposed residence and attached two-car garage is 2,923 square feet. The maximum height of the residence would be 20 feet. The site is zoned R-1- 10,000. (OOSTERHOUS) (DENIED 4-1, HUNTER, JACKMAN, KURASCH &t ZUTSHI OPPOSED) 3. APPLICATION #02-197 (CITYWIDE) -CITY OF SARATOGA; -The proposed Zoning Ordinance Amendment would revise side yazd setback requirements for structures over 18 feet in height in the R-1-10,000. R-1-12,500, R-1-15,000 and the R-1-20,000 Districts. (SULLIVAN) (CONTINUED FROM 10/9/02) (APPROVED 5-0) 4. APPLICATION #02-210 (CITYWIDE) -CITY OF SARATOGA; -The proposed Zoning Ordinance Amendment would increase regulatory requirements related to the removal and or pruning of trees. The Amendment would also reduce the diameter of trees that would be protected by Article 15-50 of the Saratoga Code. (SULLIVAN) (APPROVED 5-0) 5. APPLICATION #02-172 (CITYWIDE) -CITY OF SARATOGA; -Consistent with the provisions of the City's Housing Element of the General Plan, this Zoning Ordinance Amendment will broaden the opportunities to obtain a Use Permit for Second Dwelling Units on Residentially Zoned Properties (SULLIVAN) (Request to be continued to December 11, 2002) (APPROVED TO BE CONTINUED 5-0) COMMISSION ITEMS - Commissioner's sub-committee reports COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meetings on September 4, 2002 and October 2, 2002 ADJOURNMENT AT 10:38 P.M. TO THE NEXT MEETING - Wednesday, November 13, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to planningC~sarato a.ca.us SARATOGA CITY COUNCIL ~__~ MEETING DATE: November 6, 2002 }-~- AGENDA ITEM: ~ `-~ ORIGINATING DEPT: Community Development PREPARED BY: John F. Livingstone, AICP CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Proposed Ordinance to designate Austin Way a Heritage Lane. ACTION: Staff recommends that the City Council approve the matter on the Consent Calendar for Second Reading and Adoption. 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 brick roadway and hopefully restore the portions that have been patched with asphalt. The Heritage Lane Designation will make it possible to obtain a grant to assist with the preservation and maintenance ofthe 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. CITY COUNCIL ACTION The proposed Resolution initiating the Ordinance to designate Austin Way a Heritage Lane was approved by the City Council on September 4, 2002. The proposed Ordinance was approved October 16, 2002 and the item placed on Consent Calendar for the Second Reading and Adoption for the November 6, 2002 meeting. ATTACHMENTS: 1. Proposed Ordinance designating Austin Way a Heritage Lane 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 ofthe 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 Saratoga through street design and landscaping. CI68.Oc-Encourage the preservation of the width and appeazance 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 heritage lane if it satisfies certain criteria set forth in the City Code; and B. These criteria include: Exemplifying or reflecting special elements of tlae 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 architectural and structural integrity with respect to the original design. Ordinance No. • C. The City of Saratoga 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 Saratoga and Santa Clara County's history and because it is one of the last remaining brick roadways in Saratoga and exemplifies distinct characteristics and style while retaining the azchitectural 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 Planning 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 2, is hereby designated as a heritage lane. Notwithstanding the permit requirements established by Article 13-20 of the City Code, for projects located within Austin Way a permit shall be required pursuant to that Article only in connection with applications to the City for encroachments • or excavations in the City right-of--way pursuant to Article 10-20 of the City Code (Encroachments). In addition, any project sponsored by the City of Saratoga that would alter, demolish, remove, relocate or otherwise change the brick roadway on Austin Way shall be presented for review by the Heritage Preservation Commission and may be approved only by the City Council following a public heazing. 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.A of this ordinance. Section 3. Conforming Amendments to the Saratoga City Code. The Saratoga City Code is hereby amended as shown below. A. Section 13-20.010 of the Saratoga City Code is amended as follows (any text inserted by this amendment is indicated in bold, double-underlined font e m 1 ;any text deleted by this ordinance is indicated in strikeout font (e~tle); text in standard font is unchanged by this ordinance): 2 Ordinance No. It is unlawful for any person to alter, demolish, remove, relocate or otherwise • change any exterior azchitectural feature or natural feature of a designated historic landmark 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 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 foreeoine nec~nea ov me ormnance aest¢nann~ the tanamarx. pane. or a~str~c . B. Section 15-10.010 ofthe Saratoga 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: (1) H: Historic Resource Overlay District showing location of historic landmazks, 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 Sazatoga 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 Claza County Recorder. Ordinance No. C~ The foregoing Ordinance was initiated at a regular meeting of the City Council September 4, 2002, and introduced at a regular meeting of the City Council of the City of Saratoga held on the 16th day of October, 2002, and adopted by the following vote following a second reading on the 6th day of November, 2002: AYES: NOES: ABSENT: NICK STREIT, MAYOR, CITY OF SARATOGA ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY Ordinance No. C `~ ~J SARATOGA CITY COUNCIL MEETING DATE: February 12, 2002 ORIGINATING DEPT: City Manager AGENDA ITEM: CITY MANAGER: (/-//~---- PREPARED BY: DEPT HEAD: SUBJECT: Amendment to City of Saratoga Motor Vehicle and Traffic Ordinance RECOMMENDED ACTION: - Adopt ordinance. REPORT SUMMARY: At it's October 16, 2002 meeting the City Council introduced and waived the first reading of an ordinance to amend Chapter 9-15.030 of the Motor Vehicle and Traffic Code. Also, the City Council directed staff to place the proposed amendment on the consent calendar for the next regulaz Council meeting for adoption. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None ALTERNATIVE ACTION: The City Council could decide not to adopt the proposed amendment. FOLLOW UP ACTION: City Clerk to public ordinance in Saratoga News. ADVERTISING, NOTICING A1VD PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Ordinance ORDINANCE AN ORDINANCE AMENDING CHAPTER 9-15.030 OF THE MOTOR VEHICLE AND TRAFFIC CODE REGARDING STOPPING, STANDING AND PARKING THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declazes following: The City Council finds and declares that the existing pazking prohibition ordinance requires both red curbing and signs; that changing the requirement to include red curbing or signs would provide flexibility in decision-making and be consistent with Sazatoga's goal of maintaining neighborhood character. In addition, the ordinance amendment would continue to be consistent with California Vehicle Code that requires only one mechanism-red curbs or signs-to prohibit parking in a particular area. In some cases, both mechanisms may be preferred and recommended. Section 2. Adoption Section 9-15.050 The replacement text is indicated in bold italic font (e.g., bold italic) and text deleted is indicated in strikeout font (e.g., strikeout) Text and standazd font remains unchanged by this ordinance. The amendment to section 9-15.050 is amended as follows: Section 9-15.050 Areas where parking prohibited. (b) Whenever motor vehicles are prohibited from parking in certain sections, the top and face of the curb of the section in which such pazking is prohibited shall be painted red; and or have signs indicating the prohibition against parking shall be erected at appropriate intervals in such sections or both. 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 Sazatoga 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 16th day of October, 2002, and was adopted by the following vote following a second reading on the 6th day of November, 2002: AYES: NOES: ABSTAIN: ABSENT: . NICK STREIT, MAYOR CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY l,_ J SARATOGA CITY COUNCIL MEETING DATE: Nnvemher 6,2002 ORIGINATING DEPT: Rer./Puh_Wks_ AGENDAITEM: ~~~ CITY MANAGER: '/~G<^~'~-- PREPARED BY DEPT SUBJECT: Fellowship Hall Re-roof Project -Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Southwest Construction & Property Management of San Francisco the lowest responsible bidder on the project. 2. Move to awazd a construction contract to Southwest Construction & Property Management in the amount of $30,731.00. 3. Move to authorize staffto execute change orders to the contract up to $4,000. 4. Move to adopt resolution REPORT SUMMARY: Sealed bids for the Fellowship Hall Re-roofProjectwere opened on Thursday, October 31~`. A total of three contractors submitted bids and a summary of the bids received is attached (Attachment 1). Southwest Construction & Property Management of South San Francisco submitted the lowest bid of $30,731.00, which was 4% below the Engineer's Estimate of $32,000.00. Staff has cazefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated October 4s', 2002. The scope of work includes furnishing all materials, equipment, and labor to re-roof Fellowship Hall. It is therefore recommended that the Council declaze Southwest Construction & Property Management to be the lowest responsible bidder on the project, and awazd the attached construction contract (Attachment 2) to this fum in the amount of their bid. Further, it is recommended that the Council authorize staffto execute change orders to the contract up to an amount of $4,000.00 to cover any unforeseen circumstances and additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for project will be appropriated via Council contingency per attached budget resolution. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Southwest Construction & Property Management will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declaze another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding the project due to the already deeply negotiated price provided by Southwest Construction & Property Management. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 30 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary. 2. Construction Contract 3. Resolution • RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A BUDGET AMENDIVIENT OF $34,731 FOR FELLOW SHII' HALL RE-ROOF PROJECT WHEREAS, Sealed bids for the Fellowship Hall Re-roof Project were opened on Thursday, October 31, 2002, and WHEREAS, Southwest Constriction & Property Management of South San Francisco submitted the lowest bid of $30,731.00, and WHEREAS, the City Council has given staff authority to execute change orders to the contract up to an amount of $4,000 to cover any unforeseen circumstances and additional work, which may arise during the course of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga authorizes the adjustment of the City of Saratoga's Fiscal Year 2002-2003 budget for the appropriation of $34,731 for this project according to the following entries: Expenditure Revenue Contingency 001 1010 511 5002 $34,731 Council Budget 001 1005 511 4010 $34,731 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of November, 2002 by the following vote: AYES: NOES: ABSTAIN ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk ~ ~ 3 _ n 0 Z ° -~ O . ~ ~ A 1 O 0 ;o ff . »x O ~ r, C m N = r~ N O O N a m O p n d N O ~ ~ O N O ~ O W ~' a~ ~ - o O ~ C N 3 ~ 'o ~ x ~ ~ O ~ °-' -i D r ~~ ao y m W v a 9~ ~ __. ~ r~ N N W w N N O O t .~ p d ~ o o O ~ b O N C _3 £ ~ '~ N f O 7 W N ^ O V ~ ~ O W J w d G O o o d1 ~ N ~ C m _3 ~ N "~ A O O_ A ~ ~ ~ ~ i ~ O 2 W w N N G O °o y m N A ~ C O . ~ W °^ N N W N 1 N O ~+ N O N ~ O O O o p W~ a~ N 3 O 3 '~ d y z ma Eo N v D x b A N A 0 9 O A _n ~D 3 2 y • CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION FELLOWSHII' HALL RE-ROOF PROJECT THIS CONTRACT, made this sixth day of November, 2002, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and SOUTHWEST CONSTRUCTION & PROPERTY MANAGEMENT COMPANY hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and . WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10%) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Sazatoga in conformity with the plans, specifications and other contract documents and according to such instructions as maybe given by the Saratoga Director of Public Works or his authorized agent. 16 CJ ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ("Changes and Extra Work"), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which maybe encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabilities and other insurance; for all fees or royalties or other expenses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 7. Labor and Material Bond 2. Bid Proposal 8. Plans 3. Bidder's Bond or Bid Guaranty 9. Specifications 4. Contract for Public Works 10. Insurance Certificates Construction 5. Hold Harmless Clause 6. Performance Bond 11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements • In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 1~ AWARDED BY CITY COUNCIL: Date: ATTEST: City Clerk The foregoing Contract is approved as to form this day of 20 CTI'Y OF SARATOGA: CONTRACTOR: Title License No. Tax TD or LJ City Attorney "Funds verified Finance Office Date " Contract No. is • SARATOGA CITY COUNCIL MEETING DATE: November fii 2002 ORIGINATING DEPT: PREPARED BY: AGENDA ITEM: ~ ~~ CITY MANAGER: ~~~((''~~L%~n"~ DEPT HEAD: ~y~Q- SUBJECT: Civic Theater Re-roof Project -Award of Construction Contract RECOMMENDED ACTION: Move to declaze Western Roofing Service of San Francisco to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Western Roofing Service in the amount of $66,250.00. 3. Move to authorize staffto execute change orders to the contract up to $6,625. REPORT SUMMARY: Sealed bids for the Civic Theater Re-roof Project were opened on Thursday, September 12`h. A total of five contractors submitted bids and a summary of the bids received is attached (Attachment 1). Western Roofing Service of San Francisco submitted the lowest bid of $98,060.00, which was 31% above the Engineer's Estimate (and project budget) of $75,000.00. Realizing that the lowest bid was well above the total funding amount available for the project, City staff negotiated with Western Roofmg Service to lower the bid to $66,250.00 by narrowing the scope of work and clarifying the City's pemut requirements. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated Augustl9, 2002. -The scope of work includes famishing all materials, equipment, and labor to re-roof the Saratoga Civic Theater. It is therefore recommended that the Council declare Western Roofing Service to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $6,625.00 to cover any unforeseen circumstances and additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget and contains sufficient funds to cover the contract and recommended change order amounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Westem Roofing Service will not be declazed the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declaze another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the akeady deeply negotiated price provided by Westem Roofing Service. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 45 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary. 2. Construction Contract • _J m~ oy ~t 30 3r zy nDb "o ~a S a R CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION CIVIC THEATER RE-ROOF PROJECT THIS CONTRACT, made this 6"' day of November, 2002, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and WESTERN ROOFING SERVICE hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10%) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declazed the Contractor to be the lowest responsible bidder and has duly awazded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, appazatus and other means of construction; shall famish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Sazatoga in conformity with the plans, specifications and other contract documents and according to such instructions as maybe given by the Saratoga Director of Public Works or his authorized agent. 16 • ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ("Changes and Extra Work"), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which maybe encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabilities and other insurance; for all fees or royalties or other expenses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: i That the complete contract document consists of the following 1. Notice Inviting Sealed Bids 7. Labor and Material Bond 2. Bid Proposal 8. Plans 3. Bidder's Bond or Bid Guaranty 9. Specifications 4. Contract for Public Works 10. Insurance Certificates Construction 5. Hold Harmless Clause 6. Performance Bond In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 11. Prevailing Wage Rates 12. City of Sazatoga DBE Requirements i~ • AWARDED BY CITY COUNCIL: Date: ATTEST: City Clerk The foregoing Contract is approved as to form this day of 20 City Attorney CITY OF SARATOGA: . CONTRACTOR: By Title License No. Tax ID or SSN • "Funds verified " Finance Office Date Contract No. 16 ~ 10/3002 07:58 E9R 415 648 5169 _. EVE STkR\ ROOFING WESTERN R OOF7N0 sER VlOE October 30, 2002 2594 Oatrcaie Avsnee P.0 5os 2402? Ean r"rannsc4 CA 54;24 rel a!5~848•8472 830.922.6c46 Fex 4!5~648•E!o4 License 6180533 City Of Saratoga Attn: Ms. Joan Pisani 14700 Allendale Avenue Saratoga, CA 95070 Fax: (408)868-1279 Project: City Theater Re-Roof, Saratoga, CA RE: Cost Proposal Dear. Ms. Pisani, Per your request, I have developed a quotation for the above referenced project. The following is based on Re-Roofing, only the top 51sq. Roof . I have now listed the deduct prices. Western Roof Service quotes: x66,250.00 Re-Roofing will be per specifications with the following Exclusions. Items not included 1. Permit - $350.00 2. Hard casting at ductwork. (With the exception of any damage caused by Western Roofing), - $6075.00 (We already lowered the price $3000.00 in our quote on October 3, 2002). The cost to do the work would be $9075.00 3. Detail A 16, A 8, A 7, use Sarnafil G410 flashing instead of clad metal. -$500.00 4. Detail A 15 Reuse existing Duct. -$250,00 X002/003 10i 00. 02 0?:59 td.L 415 048 5164 l4ESTERN ROOFI\G 5. Detail A 4 use prefabricated Boot. -$200.00 6. All Wood. Any Wood installed will be per unit pricing in original bid. -$350.00 ?, Any Asbestos. 8. Any Electrical work. 9. Any Plumbing. Total deducts from last price. - $?,?25.00 If you have any questions, please do not hesitate to call. Sincerely, WESTERN ROOFING SERVICE ~~ ~Y Don Branson f~°OOO!000 i SARATOGA CITY COUNCIL MEETING DATE: Nov. 6, 2002 AGENDA ITEM: Amendment to AS400 Purchase ORIGINATING DEPT: Administration CITY MANAGER: Dave Anderson ~~~1 PREPARED BY: Sam Tarani DEPT HEAD: Jesse Baloca SUBJECT: Amendment to AS400 system upgrade purchase cost RECOMMENDED ACTION(S): Authorize the purchase for the upln-ade to the City's AS400 computer system from HTE and amend the funding appropriation, already authorized by council, to include the cost of installation services and California sales tax. REPORT SUMMARY: On July 17, 2002 following Finance Commission review, City Council approved the release of designated MIS reserves in the amount of $31,000 to upgrade the AS400 system. The AS400 is the backbone and support for various City programs, including the City's financial system. Previous estimates did not include costs for installation and sales tax. The associated mandatory cost for HTE TechPath2000 iSeries Installation Services is $6,995. This service is required by HTE VAR Systems for installing the new system and for the migration of the City's current AS400 data, HTE's software application modules, and version upgrades. City staff had previously intended to perform this service, however, we were later informed by HTE that this was mandatory in order to qualify for warranty, maintenance and support. Therefore, this cost is an addition to the amount previously authorized for purchase. The following is a Cost Summary: Description List Price Discount Extended Price iSeries System Hardware $25,174 ($3,525) $21,649 iSeries System Software $ 6,925 ($1,039) $ 5,886 HTE TechPath2000 iSeries Installation Services $ 6;995 (Mandatory) System Subtotal $34,530 CA Sales Tax 8.25% $ 2,272 Total Cost $36,802 Council Approved Budget Subtract ($31,000) ~~ FISCAL IMPACTS: Additional release of existing MIS reserves in the amount of $5,802 ($31,000 already approved by Finance Commission and Council in July 2002) in order for staff to proceed with the total purchase in the amount of $36,802. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): • HTE will not provide support for data migration and upgrade • Minimal support from IBM in the event of failure of hardware/software • Extended Down-Time in case of failures • High cost of repair • High cost of hourly on-line support ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Latest AS400 purchase quotes including all additional cost. 2 of 3 RESOLUTION NO.02- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2002-2003 BUDGET FOR A APPROPRIATION OF $5,802 FOR THE PURCHASE OF AN UPDGRADE FOR THE CITY'S EXISTING AS400 COMPUTER SYSTEM. WHEREAS, July 17, 2002 City Council previously approved $31,000 from designated MIS reserves to upgrade to the City's AS400 computer server that is the backbone and support for various City programs, including the City's financial system; WHEREAS, the amount previously described did not include installation cost and sales tax; and WHEREAS, the vendor HTE has informed City staff that the cost of installation is mandatory in order to qualify for warranty, maintenance and support; and WHEREAS, an additional release amount of $5,802 from the MIS designated reserves is necessary to cover the increased cost that reflects installation and sales tax; and WHEREAS, staff requires Council authorization of the total purchase price of $36,802 in order to proceed with the purchase of the AS400 upgrade. NOW, THEREFORE, The City Council of the City of Saratoga hereby resolves to amend the City of Sazatoga's fiscal year 2002-03 budget to appropriate $5,802 from the MIS designated reserve according to the following entry and to authorize staff to proceed with the total purchase of the AS400 for in amount of $36,802. Increase Decrease 002-000 MIS Reserves -Fund Balance ($ 5,802) 001-1065 MIS -Capital Equipment $ 5,802 AND BE IT FURTHER RESOLVED, the above and foregoing resolution was passed .and adopted at a regular meeting of the Saratoga City Council held on the 6`h day of November 2002 by the following vote: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSENT: None . ABSTAIN: None Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk • • r~ ~..J ~ ~^ iSeries System Proposal HTE VAR Proposal For: Saratoga, California Date: September I8, 2002 Quote Valid Jor 30 Days Prepared by: HTE VAR, LLC. 3168 Mercer University Dr Suite 100 Chamblee, GA 30341 (407)304-3157 Warranty HTE VAR will assist Customer in determining the hardware configuration required to run HTE's Licensed Programs. However, HTE VAR cannot provide assurances as to hardware performance and useful life because the variables which determine a Customer's utilization and requirements for hardware are numerous, not predictable within reliable certainty, and may no[ be finally known until [he hardware is being utilized. Confidentiality This hardware configuration was developed by HTE for [he Saratoga, California's use in evaluating HTE as a potential provider of hardware under this proposal. HTE has expended substantial effort and invested material sums in personnel and systems to develop the methodology used to generate this document and to produce this customized document.This document is proprietary to HTE. Saratoga, California may no[ disclose this document to any third party and is expressly prohibited from providing this document [o HTE's competitors or other hardware providers. u 9/18/2002 .' _ a , ~i IHTE VAR iSeries System Hardware iSeries System Sofrware HTE VAR System Hardware /Software Investment Summary Saratoga, California $25,174.00 (S3,S24.36) $21,649.64 $4,728.00 $6,925.00 (51;038.75) $5,886.25 $750.00 „ ~, ; t ~~, ~ ~~,~~ ~ m 3ystem~Sub~'o~al= $~84b94900._~, ~tt~= u"z w~.~ p.~ ~;~ ~"~~.; ~s.,~,..~ ~,k=!, X..,..,~um.=,....z,°nw~w=,..a w..xwu~`uav a.:,.u _ z_a...r...~.._,:u,u.asd.t>. _.GLauL_se....x~ c m w''°3'r f.s ''a' v~ ~I3ir'?~~4 ~- i= 'ry- r,.~a ~ ^"".s ~~~`-~.s~W a ~ frs=r~y'.~"s,~,~~«.~+^ v,~°"~"c "'~' ~,~ , ~ .~~~:~,~ spa„~,~3, ~, SysEem~ot~~ ~.~~ ~ ~~,~~~, ~~~.~~'t~.>~'a"52~,535,$9~ „$54~ UU~ Optional HTE TechPath2000 iSeries Installation Serviced $6,994.00 36 Month Extended Maintenance Offering $7,245.00 HTE iSeries Support Line Services $5,000.00 (,2,000.00) $3,000.00 Ins[allation and training costs do not include travel and living expenses. These costs will be billed to you as incurred. Other than the HTE Support Fees, the Maintenance Fees shown are for informational purposes only. Maintenance fees are payable directly to the Manufacturer or other party providing the maintenance services. Please do not include these maintenance fees in any purchase orders or payments sent to HTE. Note: System configurations and sizing are based on information conmined in the RFP. HTE reserves the right to make changes to the final configuration bazed on further discussion and/or an on-site analysis. Prices smtcd are valid for 90 days from the proposal submission date. If applicable, the prices for IBM products and services are subject to change and are submitted for your information only. l'he terms and policies of the IBM Corporation govern any portion of this proposal relating to IBM products and services. Customer will be charged far real and actual shipping charges. Should the customer request expedited shipping, additional charges may apply. J Saratoga, CA ISeries400r6 H.T.E., Inc. CONFIDENTIAL Summary Date: 9/18/2002 "~?,' HTE UAR Description HTE VAR System Hardware /Software Saratoga, California Svstear Hardware 9406-270 (SERIES 400 DEVICE PARITY PROTECTION-ALL V.24/EIA232 20-FT PCI CABLE #4318 LOAD SOURCE SPECIFY 125V 14-FT LINE CORD 1517 INTERACTIVE CAPACITY CARD (25 CPW) PCI RAID DISK UNIT CONTROLLER MODEL 270 PROCESSOR (150 CPW) ENGLISH 512M6 MAIN STORAGE 17.54GB 10K RPM DISK UNIT CD-ROM 30G6 1/4-INCH CARTRIDGE TAPE PCI TWINAXIAL WORKSTN IOA PCI 100/tOMBPS ETHERNET IOA SW PRELOAD REQUIRED SOFTWARE VERSION V5R1 ALT IPL SPEC FOR 25G8 TAPE ATTACH TWNAXAL WKSTA CTRL BASE PCI 2-LINE WAN W/MODEM Saratoga. CA lSenes400r6 SubTOta[ Hardware Price Tote[ AS/400 Hardware Anauul Muintwraace HW Discount Total Hardware Price H.T.E., Inc. Confidential Qty Price $4,000.00 N/C $125.00 N/G N/C $400.00 $3,000.00 $2,400.00 N/C $3,584.00 $5,600.00 $415.00 $4,000.00 $750.00 $900.00 N/C N/C N/C N/C N/C 1 1 2 4 1 1 1 1 1 1 1 $25,174.00 (3,534.36) $21,649.64 Business Partner Annual Maintenance $4,728.00 $4,728.00 iSeries Date: 9/18/2002 aS s~ HTE, VAR HTE VAR System Hardware /Software Saratoga, California Description Svsteur Sofhvare 5722-PT1 PERFORMANCE TOOLS - (SERIES 5722-QU1 QUERY FOR (SERIES 5722-SS1 OPERATING SYSTEM/400 614 BASE OTC (P05) 674 PSF 1-451PM-VALUPAK 2924 ENG U/L SBCS PRIMARY 3434 PRELOAD SOFTWARE PRODUCT 5809 SUPPLY FEAT OS/400 BASE 5906 SUPPLY FEAT PSF/400 1-45 IPM 8136 OS/400 BACKUP AND RECOVERY 5722-ST1 D62 QUERY MGR & SQL DEV KIT 5722-VP1 VALUPAK FOR (SERIES 687 PG P05 OTC .5722-WDS WEBSPHERE DEV STUDIO (SERIES 824 PG P05 OTC -BASE 5722-XW1 (SERIES CLIENT ACCSS WIN FAM 805 PER USER OTC -VALUPAK 5733-SW1 SW SUBSCRIPT 1-YEAR''` 3268 PG P05 OTC SubTotal Sofhvnre OTC Tn(a1.9S/100 Sajbvrur .dnnual Maia(enttnce 5W Discount Total Software Price Business Partner - Annual Qty Price Maintenance 1 N/C 1 N/C 1 N/C 1 N/C 1 N/C 1 N/C 1 N/C 1 N/C 1 N/C 1 $25.00 1 N/C 1 N/C 1 $3,500.00 1 N/C 1 $2,650.00 1 N/C 20 1 N/C 1 $750.00 $750.00 $6,925.U0 $750.00 ($1,038.75) $5,886.25 ~ This stand alone software maintenance offering will provide entitlement to iSeries program updates (release and version upgrades). Subscription to this Software Maintenance Offering is required for Version 4 customers to obtain future program upgrades. This DOES NOT include telephone software suppott. ~ Per IBM markenting announcement 302-067 IBM has announced an increase SW Subscription to take effect July 1, 2002. The rate will increase from $1,706 to $2,133 if processed on or after July 1, 2002. ' Installation and training costs do not include travel and living expenses. These costs will be billed to you as incurred. f • \_ J • Saratoga. CA lSeries400r6 ~ H.T.E., Inc. Confidential iSeries t J N N d y G C y~ 3 N ma d L R 3 ~I~I O d L L 1~~~y1 W x R L W V 0 CC L R rim ~- °o W ~ .__ t + m d z o ~ ~ N .~-- N N N N .N W C O M 0] U C N C m m x W O O G N C y _ N ~ ~ ~ N G N m w o ~ U N U N V d p ~ O N G O N E E o _ ~ T N C O C O N O_ N O N W n ` ~ m N ~ m N N UI - N ~ O O b ~ N ~ U cJ C C - d U V C ?~ Z O Z a i L QJ N N m N ~ Q ~ ~ c ~ m 0 0 m > m a 4 ~ - C N O ~ H ~ N C ~ `" n ~ ~ U X U p U N N ~ m V C m o V m ~ -- ~ N N N C U_ C W N C O p. C 3 F~ o y' N Q = O p ` T L J O p N d N O L L G y K N Q ~ d N N T o _ ?~ m a p c ~, b O m N _ ` N ~ ~ N L t6 ~ LL V ~ C ~ N O) N `p 3 ~Y d Y Y N N C N W 3 3 3 _ ° a ~, m m m d m -O T T ?~ m O b U C m O '6 N m b 'O ~ ~ Q I~ ll) ~ V_ b U N N N N ~ p ~p T U U ry U CJ N - ~ _ _ d d N N d U m m (n VJ (n (n m a N ~' N d N N ~ O V ~' ~' c m v °. .Z ~ m m V U U m m U U T ~O N G y W W W W O E m e m 3 O N. ~ ~~ .~ .R m ~ b d $? '2 c s n n n n - o N y~~ K [Y Z y~ N w N R' d d .N.. N d Qj N N O N N ~ `o (n N N~ N ~ N ~ ~!+ m y c c c~ c R ~y a E a ~ U O O O m O m w m y + H Q m U rn ~ m X H w $' Date 9/18/2002 Time 2:33 PM HTE VAR, L.L.C. System Services Partners -- "'"' City of Saratoga, California - HTE VAR aSer>es SXSTEM TRANSITION SERU3G°ES ~;~ , ~ _,, ,_ ~~,~R~~,.,r ..._ 6 994:00 , System Transition Service will provide you with the expertise of a Services Specialist and a proven methodology to execute a smooth transition from your cun~ent AS/400 to your new iStar PowerPC based iSeries 400. The Specialist will work with you to develop and execute a customized transition plan selecting the most appropriate transition method. At conclusion of this service the Specialist will perform a post-install verification. We will assist the customer with iSeries Project Management Services. Tasks may include: * Plan the System Transition project; define scheduling and tasks associated with the installation of the new system. * Define and schedule the clean up of the current system. * Determine the correct transition plan. * Review on-order equipment to verify that the new configuration will align with the selected plan and that sufficient DASD isavailable or on-order. * Review customer save plan and make recommendations where appropriate. * Verify that the customer is prepared to implement [he selected transition plan; resource, schedule, etc. * Create a transition schedule for the customer to follow including periodic checkpoints. This schedule will identify the tasks necessary to get the new system installed an into production and may include tasks scheduled after the new system is in production. The Services Specialist will perfonn the following tasks: * Select the appropriate transition method. * Review the customer's preparedness to implement the selected transition method. * Review the program translation options with the customer and help the customer plan when they should occur. * Determine if sufficient DASD is available. * Review the customer's save and restore strategy. * Coordinate these services with the installation of the iSeries system. * Gather and move system parameters, values and other required system information to the new system. * Configure DASD devices. * Migrate data and programs to new 9406-270. * Restore the customer's data * Install the Licensed Program Products and PTFs. * Perform final post-install tasks including a system verification, and verify that the hardware is correctly configured. Price quoted assumes migration of 18GB of data and programs. • Saratoga, CA ISeries400r6 H.T.E., Inc. CONFIDENTIAL OS400 Services SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM ~-r~..J MEETING DATE: November 6, 2002 ORIGINATING DEPT: City Attorney CITY MANAGER: t~---~~ PREPARED BY: Richard Taylor SUBJECT: Amendment of City Manager Contract RECOMMENDED ACTION: Authorize Mayor to execute amended agreement with Dave Anderson. STAFF REPORT Recent review of the City Manager contract has indicated that the benefits described in the contract were linked to the Saratoga Employee's Association MOU rather than the Saratoga Management Organization's Letter of Understanding with the City. The intent of the agreement when adopted in 2000 was to generally track the City Manager's benefits with those of other Saratoga management employees. The attached amendment reflects that intent. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Amendment to City Manager Agreement. Fourth Amendment to Agreement for Employment of City Manager WHEREAS, the above-referenced agreement between the City of Saratoga ("City") and David Anderson ("Anderson") was entered into July 24, 2000 and amended September 20, 2000, September 5, 2001, and September 18, 2002 ("Agreement"); and WHEREAS, the City and Anderson seek to ensure that Anderson's benefits are generally commensurate with members of the Saratoga Management Organization and have therefore agreed that the Agreement shall be amended as follows: Amendment to Section III.B.1 The text of section III.B.1 is deleted in its entirety and replaced with the following: ANDERSON shall be entitled to the same employee benefits as other Saratoga employees who are represented by the Saratoga Manager's Organization (SMO), as detailed in Sections 3 and 6 of the Letter of Understanding (LOU) between the City and SMO except that notwithstanding anything in that MOU, Anderson shall a) Not receive a monthly expense allowance of $350, but shall receive a vehicle allowance of $450 monthly pursuant to section III. B. of second amendment to Agreement for Employment of City Manager. b) Accrue paid time off at a rate of 216 hours per year. c) In addition, as of September 18, 2002, ANDERSON shall receive a one-time credit of 80 hours of accrued paid time off. d) The accrual rate and one-time credit for paid time off established by b) and c) are in lieu of a bonus for year ending September 2002 pursuant to section III.A . 2. of the second amendment to the Agreement for Employment of the City Manager. In witness whereof, the City has caused this amendment agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and ANDERSON has signed and executed this amendment agreement effective November 6, 2002. DAVID ANDERSON David Anderson CITY OF SARATOGA Date Nick Streit Mayor ATTEST: Cathleen Boyer Date Date ~.J r-1 ~,..J Page 1 of 2 City Clerk APPROVED AS TO FORM: Richard S. Taylor Date City Attorney Page 2 of 2 ~~ SARATOGA CITY COUNCIL MEETING DATE: November 6, 2002 ORIGINATING DEPT: Public Works PREPARED BY: - ~ ~ AGENDA ITEM: /~ CITY MANAGER: K/~~ DEPT HEAD: SUBJECT: Council Resolution to delegate authority to City Manager to execute funding agreements with the California Department of Transportation. RECOMMENDED ACTION(S): Approve resolution authorizing the City Manager to execute funding agreements made between the City and the California Department of Transportation. REPORT SUMMARY: Background In order for the City to receive grant funding from State and Federally funded programs, the City Council is required to delegate an authorized individual to execute the agreements between the City and California Department of Transportation. Discussion Over the past yeaz, staff has been working to secure the Notice to Proceed letter (E-76) from Caltrans and the Federal Highway Administration for the City-wide Signal Upgrade Project. The City requires an E-76 to be issued before construction may proceed for any State and/or Federally funded project. On June 25`h of this yeaz, the City received the E-761etter required to proceed with the City-wide Signal Upgrade Project. Staff was later informed by Caltrans that a Council Resolution assigning an individual authority to execute this funding agreement, and any subsequent funding agreements, was required before funding could be released. FISCAL IMPACTS: Funding for the City-wide Signal Upgrade Project, and subsequent State and Federally funded projects, will not be available without aCouncil-approved Resolution. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolution would not be adopted, and funding for State and Federally funded projects would not be available at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will forward a copy of the approved Resolution to Caltrans. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution. n ~..J 2 of 2 RESOLUTION NO.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DELEGATING THE CITY MANAGER AUTHORIZATION TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City of Saratoga is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds can be claimed; and WHEREAS, the City of Saratoga wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements ad any amendments thereto with California Department of Transportation. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To establish that the City Manager has authority to execute funding agreements and any amendments with the California Department of Transportation, The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6`h day of November 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: November 6, 2002 ORIGINATING DEPT: Community Development PREPARED BY: John F. Livingstone, AICP AGENDA ITEM: CITY MANAGER: O~6a-,G-- DEPT HEAD: SUBJECT: Appeal of Planning Commission Decision denying Resolution No. 02-176 Regarding Saratoga Fire District Fire Station and Temporary Fire Station at 14380 Saratoga Avenue RECOMMENDED ACTION: Staff recommends that the City Council approve the project, supporting the applicant's appeal, overturning the Planning Commission's denial. REPORT SUMMARY: The applicant is requesting approval of a Conditional Use Permit, Design Review, Lot Line Adjustment. The Conditional Use Permit is for a new and temporary Fire Station with variations to setback, lot coverage and landscape standards. The existing Fire Station building at 14380 Saratoga Avenue is proposed to be demolished and a temporary facility is proposed at 20473 Saratoga Los Gatos Road (The existing Contempo Building Site) during construction of new Fire Station proposed at the same location as the existing facility at 14380 Saratoga Avenue. ENVIRONMENTAL DETERMINATION: As the project sponsor, the Saratoga Fire District is the lead agency for this project and has circulated an Initial Study and proposed Mitigated Negative Declaration according to the procedures set by the California Environmental Quality Act. The City is a responsible agency under CEQA and cannot act on the project until an environmental document has been adopted by the lead agency. The Fire District approved the Mitigated Negative Declaration October 7, 2002. PROJECT BACKGROUND: At the July 17, 2002 City Council meeting, a motion was made to place Resolution 01-060 on the next agenda for reconsideration before the City Council pursuant to Section 2-10.110 of the City Code that allows the Council to reconsider any action (other than an ordinance, license, or permit approval) at any time. At the August 7, 2002 meeting the City Council reconsidered that matter and directed the applicant to submit revised plans to the Planning Commission. 1 The first Planning Commission meeting was held September 25`h. Commissioner Jackman recused herself from the item due to her close proximity to the project. The Commission reviewed the project and opened the public hearing to hear from speakers and the applicant. The Commission gave the applicant feedback on the project and continued the project to October 9, to allow the Fire District time to approve the Environmental Document. At the October 9, 2002 meeting the Commission continued the review of the project accepting speakers comments on the project. Commissioner Roupe made a motion to approve the project including five additional conditions of approval. The motion was then seconded and a vote taken. The vote was split three to three, thus denying the project (see attached minutes). On October 10, 2002 the project was appealed by the Fire District and set for the November 6, 2002 City Council meeting. DESIGN REVIEW: Staff feels the proposed project meets the design criteria stated in Section 15-46.040 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julia Morgan design. The Federated Church located to the rear of the Fire Station was designed by Julia Morgan. The materials and architectural features proposed help the project fit in with the character of the neighborhood. The design has been pulled back significantly from the existing location on the corner of Saratoga Avenue and Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian element to the corner. The applicant is proposing a hand troweled finish to the exterior of the building. The quality exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. The applicant is proposing to enhance the existing site with a new landscape plan that will provide trees the entire length of the parcels on Saratoga-Los Gatos Road and use colored bricks to distinctively mark the pedestrian zone on the pavement on the front apron. The landscape plan also includes a retention basin to help meet Storm Water Quality requirements. The previous proposed Fire Station plan from 2001 had a maximum height at the tower element of 34'-6" and 33'-11"for the area closest to the Post Office. The existing plan has a maximum height of 29'-2" at the corner and then tapers down as the structure is built into the slope. The building closest to the Post Office site will have a height of 26'-4". u 2 CONDITONAL USE PERMIT: . The applicant is requesting a Conditional Use Permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district, a variation to the lot coverage, and reduce landscaping in the front yard area. Where a Use Permit is required section 15-55-.030 of the City Code gives the Planning Commission discretion to allow variations from the standard site area, coverage, structure height, yard minimums and other standards for the Zone District. In light of the numerous competing design and land use considerations reflected in the Ad Hoc committee's Scheme A, staff feels that the necessary findings can be made to support the Use Permit as follows: That the proposed temporary and permanent Fire Stations with code variations are in accord with the objectives of the Zoning Ordinance and the purpose of the district in which they are located in that they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The Fire Stations are necessary to provide fire protection for the City. The setback and landscaping variations will allow the permanent Fire station to have a 59-foot front apron that will avoid safety problems and will allow for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. The lot coverage variation is necessary to allow several nonconforming lots to be used for one project. • That the proposed Fire Stations and the conditions under which they will be operated will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposal is a continuation of the existing use. The proposed new Fire Stations will provide adequate parking for the 24 employees that will use the Fire Stations and will have no significant environmental or traffic impacts to the property or surrounding area. • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15-18.030 of the zoning regulations except for the Code variations described above which staff believes is necessary to achieve the safety and circulation objectives described above. Lot Line Adjustments The applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be moved to enlarge the parcel that will become parking for the church. Staff recommends the following findings be made in accordance with the zoning regulations to approve the requested lot line adjustment: • The proposed lot line adjustment is consistent with the General Plan in that the lot line s adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation between all of the involved parcels. • The proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter in that the lot line adjustment is specifically approved by the advisory agency through the granting of a Conditional Use Permit under chapter 15 of the City Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. Site Coverage The proposed project is consistent with the site coverage as required in the Settlement Agreement which allows a tota130% site coverage for the total or gross site which includes the portion of the of the right-of--way and the existing Contempo site that will be retained by the Fire district. However, the proposed plan does not meet the City Code Section 15-06.620 (b)(1) that requires access easements be deducted from the gross lot size. The net site area requires that the area being counted by the applicant in the existing right-of--way that runs between the existing Contempo Building and the existing parking lot be subtracted from the lot size. This would bring the proposed site coverage to 32.1%. Staff believes the finding needed to allow this variation is appropriate for commercial. projects where shared circulation patterns created by easements between the City or property owners parking lots acts as a public benefit allowing patrons of the establishments to access more than one site without having to merge back onto a City street. The Settlement Agreement also provides for a variation in site coverage to use multiple lots. City Code Section 15-18.07 provides site coverage for one lot. Staff feels the findings can be made to allow the use of several nonconforming lots to contribute to an existing Fire Station use to be a benefit to the health safety and welfare of the City. Parking The Municipal Code requires the Fire Station to have one space for each employee, for a total of 24 spaces. The Fire Station will have 18 parking spaces on site, and will satisfy an additional 6 spaces located off site. (The District proposes to sell a portion of the Contempo property to the Federated Church and to obtain an easement or other permanent agreement from the Church for the use of six spaces controlled by the Church and accessible from the alley.) In addition to the 18 Fire Station spaces located on the Fire District property, 10 spaces are proposed to be provided for public parking controlled by the City pursuant to an easement or other permanent agreement with the District as part of the land transfer with the City. During construction of the permanent Fire Station the District will provide 18 parking spaces on site and will satisfy the remainder of its obligations through an agreement with the Church for the use of six spaces in the Church parking lot. 4 During construction the parking for the Post Office will be temporarily short 5 spaces that are currently accessed from the alleyway that is proposed to be vacated. The District has proposed to grade the site so that after construction the 5 spaces can be accessed from the main parking area for the Post Office and Sheriffs Office parking. Trees The City Arborist report dated March 15, 2001 contains recommendations for the protection of existing trees on the site. There are eight (8) Olive trees on the existing Fire Station property potentially at risk of damage by construction. Only two of the trees are ordinance protected. The applicant proposes to transplant the trees that are able to be transplanted, and replant native specimens to replace the value of any trees lost. The Contempo property has several Liquid Amber trees that surround the building of which none are ordinance size trees. All of these trees will be removed for the temporary Fire Station. The large Magnolia in the front will remain. Staff has added conditions of approval for the Contempo site to protect the Magnolia tree. The Arborist Report contains recommendations for the restoration and protection of the health of all trees on the existing Fire Station site. All of the Arborist's recommendations have been made conditions of approval in the attached Resolution. CONSTRUCTION ISSUES: During the Planning Commission meeting there were of number of issues raised concerning the construction process. Tn response to these issues and feedback from the neighborhood the applicant has included two additional plan sheets which outline the construction staging, task sequence, haul • routes, plans for the demolition, excavation and construction ofthe proposed project. A number of additional conditions of approval have been added as well. GENERAL PLAN CONSISTENCY: The proposed Fire Station, Vacation of George Whalen Way, Transfer ofthe Heritage Plaza property to the Fire District, acceptance of the ten public parking spaces and the Bicycle and Pedestrian Easements are consistent with the following General Plan Goals and Policies. CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities. The land transfer and the accompanying dedication to public use of ten parking spaces will minimize existing intrusions into adjacent neighborhoods by providing new public parking spaces controlled by the City of Saratoga. CI.5.15 Require the provision of secure bicycle parking as part of all future development projects that include multi family residential, commercial, industrial, office, and institutional uses. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities. The land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. 5 CI.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile use. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities. The land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. 4.0 To reduce the danger of property damage and loss of life due to fire in both urban and rural areas of the City. Finding: The vacation and property transfer will allow development of a fire station design with a front apron of sufficient size to avoid safety problems associated with backing fire apparatus into the existing bays and with a suffzcient setback from the intersection of Saratoga Avenue and Saratoga-Los Gatos Avenue to minimize the bulk of the structure and improve line-of- sight at the intersection. CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center. Finding: The proposed development will include clear pedestrian zones and a plaza entry. The land transfer and easement acquisition will enhance opportunities for pedestrian and bicycle access by providing easements for pedestrian and bicycle use. COMMISSIONS REVIEW: The Public Safety Commission reviewed the project September 16, 2002. The Commission supported the project design and asked that a condition be added that requires the applicant to provide a newsletter to the neighborhood regularly updating them on construction time frames and construction activities that will impact the intersection at Saratoga Avenue and Saratoga-Los Gatos Road. Staff has added this as a condition of approval. The Heritage Preservation Commission reviewed the design on September 10, 2002. The Commission supported the proposed project's site plan and design. ALTERNATIVES: 1. Send the project back to the Planning Commission with direction. 2. Deny the project. 3. Modify the Resolution or Conditions of Project Approval. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to adjoining landowners, posted notice, and advertised the notice in the newspaper. Members of the public who spoke at the last Planning Commission and previous City Council meetings were also noticed. 6 ATTACHMENTS: 1. Resolution of approval for application # 02-176 2. Staff Report from the October 9, 2002 Planning Commission meeting which includes three Traffic Reports, the Mitigated Negative Declaration, and the Settlement Agreement 3. Minutes from the October 9, 2002 Planning Commission meeting 4. Applicant's appeal 5. Letter from Aaron Katz date stamped October 23, 2002 6. Letter from John Campbell date stamped October 23, 2002 7. Letter from the United Sates Post Office 8. Letter from West Valley College 9. Applicant's response to the Village Green Neighborhood Association letter 10. Letters from Saratoga Federated Church 11. Project Plans (City Council only) 7 RESOLUTION NO.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPROARY FIRE STATION SARATOGA FIRE PROTECTION DISTRICT; 14380 SARATOGA AVENUE WHEREAS, the City of Saratoga City Council has received from the Saratoga Fire Protection District ("Applicant") an application for Design Review, Conditional Use Permit, and Lot Line Adjustment for the approval of a new Fire Station at 14380 Saratoga Avenue and Temporary Fire Station at 20473 Saratoga-Los Gatos Road to be used during construction of the new Fire Station; and WHEREAS, on September 25, 2002 and October 9, 2002 the Planning Commission held a duly noticed Public Hearing where the above project was denied and appealed to the City Council. On November 6, 2002 the City Council 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 City Council of the City of Saratoga has considered the application and all testimony and other evidence submitted in connection therewith; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review, Conditional Use Permit and Lot Line Adjustment approval, and the following findings have been determined: Environmelztal Review The Saratoga Fire Protection District, as lead agency, has approved a Mitigated Negative Declaration for the proposed project. The City Council as a Responsible Agency has reviewed the environmental effects of the project as shown in the Mitigated Negative Declaration. Design: Review The proposed project meets the. design criteria stated in Section 15-46.040 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julia Morgan design. The Federated Church located to the rear of the Fire Station was designed by Julia Morgan. The materials and architectural features proposed help the project fit in with the character of the neighborhood. The design has been pulled back significantly from the existing location on the corner of Saratoga Avenue and Attachment 1 • Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian scale element to the corner. The applicant is proposing a hand troweled finish to the exterior of the building. The quality exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften. the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. The applicant is proposing to enhance the existing site with a new landscape plan that will provide trees the entire length of Saratoga-Los Gatos Road and to use colored bricks to distinctively mazk the pedestrian zone on the pavement on the front apron. The landscape plan includes a retention basin and provides drainage from the parking area into the landscape areas to help meet Storm Water Quality requirements. CONDITONAL USE PERMIT: The applicant is requesting a Conditional Use Permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district, a variation to the lot coverage, and limit landscaping in the front yard area. Where a Use Permit is required section 15-55- .030 of the City Code gives the Planning Commission discretion to allow variations from the standard site area, coverage, structure height, yard minimums and other standards for the Zone District. In light of the numerous competing design and land use considerations reflected in the Ad Hoc committee's Scheme A, the City Council has determined that the necessary findings can be made to support the Use Permit as follows: • That the proposed temporary and permanent Fire Stations with code variations are in accord with the objectives of the Zoning Ordinance and the purpose of the district in which they are located in that they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The Fire Stations are necessary to provide fire protection for the City. The setback and landscaping variations will allow the permanent Fire station to have a 59-foot front apron that will avoid safety problems and will allow for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. The lot coverage variation is necessary to allow several nonconforming lots to be used for one project. • That the proposed Fire Stations and the conditions under which they will be operated will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposal is a continuation of the existing use. The proposed new Fire Stations will provide adequate parking for the 24 employees that will use the Fire • Stations and will have no significant environmental or traffic impacts to the property or surrounding area. 2 • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15- 18.030 of the zoning regulations except for the Code variations described above which the Planning Commission has determined are necessary to achieve the safety and circulation objectives described above. Lot Line Adjustments The applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be moved to enlarge the parcel that will become parking for the church. The City Council makes the following findings in accordance with the zoning regulations to approve the requested lot line adjustment: • The proposed lot line adjustment is consistent with the General Plan in that the lot line adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation between all of the involved parcels. • The proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter in that the lot line adjustment is specifically approved by the advisory agency through the granting of a Conditional Use Permit under chapter 15 of the City Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. Site Coverage The proposed project has less 30% site coverage for the total or gross site which includes the portion of the right-of--way and the existing contempo site that will be retained by the Fire district. However, the proposed plan does not meet the City Code Section 15-06.620 (b)(1) that requires access easements be deducted from the gross lot size. The net site area requires that the area being counted by the applicant in the existing right-of--way that runs between the existing contempo building and the existing parking lot be subtracted , from the lot size.. This would bring the proposed site coverage to 32.1%. The City Council hereby finds that this variation is appropriate for commercial projects where shared circulation patterns created by easements between the City or property owners parking lots acts as a public benefit allowing patrons of the establishments to access more than one site without having to merge back onto a city street. 3 City Code Section 15-18.07 provides that site coverage shall be calculated based on the size of each lot. This project is being developed on multiple lots. The City Council hereby determines that a variation from standards to allow the use of several nonconforming lots to contribute to an existing fire station use to be a benefit to the health safety and welfare of the City. Now, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter together will all public testimony and other evidence submitted during the public hearing, the application for Design Review, Conditional Use Permit, Lot Line Adjustment approval and variation from the setback and site coverage standards described above is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. Any changes to the approved plans are subject to the Community Development Director's approval. Any changes to the approved plans must be submitted in writing and each change indicated on the plan set with a cloud. 2. The following shall be submitted to the Building Department for review of the construction level drawings: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. i. All recommendations of the City Arborist set forth in the report of March 15, 2001 shall be adhered to and included as a separate plan page. ii. The site plan shall be stamped and signed by a Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." b. Four (4) sets of complete grading plans incorporating this Resolution and March 15, 2001 Arborist Report as a separate plan page. The grading plans shall demonstrate that: i. No Retaining wall shall exceed five feet in height and three feet within the front yard setback. ii. All applicable recommendations of the City Arborist will be implemented. 4 3. No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 4. No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height with the exception of temporary construction fencing. 5. No structure shall be permitted in any easement. 6. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices required by State and federal regulations. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 7. All exterior stucco finishes shall have a hand troweled finish. 8. Provide a quarterly newsletter to residents of the District advising them of the location of the temporary fire station and regularly updating them on construction time frames and construction activities that will impact the intersection at Saratoga Avenue and Saratoga-Los Gatos Road. 9. The District shall retain ownership of all lands at 20473 Saratoga-Los Gatos Road (APN 397-22-019, 015, 042, 012) in order to satisfy all parking requirements for the temporary and permanent fire stations or, if a portion of said lands are to be sold, shall secure a recorded easement or other interest running with the land granting the owner of the land at 14380 Saratoga Avenue (APN 397-22-019) permanent access to six parking spaces on property accessible from the alley between the Federated Church property and the Post Office property. If the off site parking is at a location not shown on the approved plans, the Applicant shall file revised plans showing the new location of the parking for approval by the Community Development Director. 10. No building permit shall be issued unless (1) George Whalen way has been vacated by the City of Saratoga and (2) title to the Heritage Plaza has been transferred from the City of Saratoga to the Fire District. 11. All mitigation measures identified in the Mitigated Negative Declaration shall be implemented prior to final building inspection of the new Fire Station. 12. Five (5) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." The fencing shall be inspected by staff prior to issuance of a Building Permit. 13. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any protected trees 5 on the site. 14. All trenching for any utilities shall be located outside the driplines of all retained trees. If this cannot be achieved a project Arborist shall be retained to determine acceptable locations. I5. No excavated soil shall be stored below the canopies of any trees. 16. Prior to issuance of a Demolition, Grading, or Building Permit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $4,166 pursuant to the report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. 17. Prior to Final Building Inspection approval, the staff shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the security referenced in the preceding Condition shall be released. 18. The Magnolia tree on properly line in front of the existing Contempo building shall be maintained along with as many of the existing trees as possible that are located in the existing parking landscape area on parcel 397-22-015. 19. Provide a solid door on the trash enclosure. 20. Replace the existing broken fence on the retaining wall in the existing parking area. 21. Prior to issuance of a building permit the applicant shall provide the City of Saratoga with a covenant applicable to the Fire District parcels to assure the required number of parking spaces will be provided for the proposed project and ensure continued compliance with the applicable site coverage requirements. 22. The proposed temporary tent used to park the fire apparatus under shall be 5 feet from property lines and the membrane structure shall be fire retardant, non- combustible fabric (CBC 3112.2) or fire sprinklers will be installed. PUBLIC. WORKS 23. The Applicant will share responsibility with the City of Saratoga for design and Construction of improvements to the Highway 91Big Basin Way intersection, Improvements to Saratoga Avenue, and the relocation of the Memorial Arch to Blaney Plaza as follows: The Applicant shall be responsible for the following design and improvement items: 6 A) Design of right turn lane improvements from northbound Highway 9 to eastbound Saratoga Avenue. B) Construction of concrete curb and gutter improvements associated with Condition (A) above. C) Design and construction of concrete sidewalk improvements along the Highway 9 frontage of the Applicant's property. D) Design and construction of concrete curb and gutter improvements along the Saratoga Avenue frontage of the Applicant's property. E) Design and construction of sidewalk improvements along the Saratoga Avenue frontage of the Applicant's property, which shall be marked distinctively (e.g., with colored concrete or brick work) to distinguish the pedestrian zone from the remainder of the driveway apron improvements. F) All costs associated with the relocation of the Memorial Arch to Blaney Plaza including removal, transportation, foundation construction, and installation. G) The applicant shall pay $25,000 or 20% which ever is less towards the cost of modifications to the signal at the intersection of Highway 9 and Saratoga Avenue necessary to incorporate the dedicated right turn lane. Final design plans for the improvements described above shall be reviewed and approved by the Public Works Department prior to construction. The City of Saratoga will be responsible for the following design and improvement items: H) Design of lane line (striping) modifications on Saratoga Avenue that will add a dedicated right turn lane from westbound Saratoga Avenue to northbound Saratoga-Sunnyvale Road. I) Construction of asphalt pavement improvements associated with Condition (A) above. J) Design of signal modifications to the Highway 9/Big Basin Way intersection associated with Condition (A) above, which will include the capacity for a signal interuptor. K) All. costs relating to the design of Blaney Plaza and all Blaney Plaza improvements other than the foundation for the Memorial Arch. The City and the Applicant shall jointly prepare and submit all necessary permit applications to Caltrans for the above conditions. 24. The applicant shall conform to the City of Saratoga's Construction and Demolition Debris Recycling Ordinance. 25. The applicant shall post in locations readily visible to passers-by signs with the required construction hours and phone number of a person working for the General Contractor and the Santa Clara-County Sheriff's Office available to call 24-hours a day for complaints. The sign location, size and wording shall be • subject to approval of the Community Development Director. 26. All parking for construction contractors, subcontractors, and their employees shall be located within the fenced area of the site per the approved plans or at the West Valley Community College and/or the Santa Clara County property adjoining Highway 9 opposite Tollgate Road. Applicant shall hold a community workshop for residents in the vicinity of the parking areas and submit a parking plan for approval by the Community Development Director specifying the number of spaces to be provided at each location, plans for shuttles from the parking area to the project site, and hours of operation for the parking area. No catering vehicles shall be permitted at the West Valley Community College District site. No tools or other materials may be stored in the parking areas except pursuant to a separate staging plan approved by the Community Development Director. 27. All vehicles carrying materials to or from the project site shall travel on the routes specified in the approved plans. No vehicles shall queue for entry to the project site on any Ciry street except as authorized by the Public Works Director. At times when queuing on Ciry streets will be required (i.e., removal of demolition debris, grading, and pouring the foundation) Applicant shall post signs at least three days in advance notifying motorists of the expected dates of the pending work and the possibility of delays. When vehicles are queued on northbound Highway 9 Applicant shall post traffic control personnel at the intersection of Highway 9 and Oak Place to direct traffic in accordance with any applicable traffic restrictions imposed by the City. When vehicles are queued on westbound Saratoga Avenue Applicant shall post traffic control personnel at the intersection of Saratoga Avenue and Park Place to direct traffic in accordance with any applicable traffic restrictions imposed by the City to reduce non- residential cut-through traffic on Park Place and Oak Place. 28. All materials shall be stored within the fenced area of the project site or at an off site location pursuant to an off-site staging plan approved by the Community Development Director following a workshop with residents in the vicinity of the staging area. No materials shall be delivered to the site before 7:30 a.m. or after 6:00 p.m. or on Saturday, Sunday, or holidays. 29. Applicant shall minimize impacts to the level of service at the intersection of Highway 9 and Saratoga Avenue as follows: 30. Prior to issuance of a demolition permit, Applicant shall equip each Fire Truck maintained by Applicant with a remote traffic signal pre-emptor and shall cause the signal at the intersection of Highway 9 and Saratoga Avenue to be equipped with a receiver to allow operation of the pre-emptor. If the signal controller cannot accommodate the receiver the Applicant shall install the preemptors and receiver within 30 days of the signal controller upgrade; 31. A portion of the site adjacent to the intersection of Highway 9 and Saratoga Avenue to be identified by the Public Works Director shall remain free of any structures, vehicles, equipment, materials, or other objects greater than three feet in height to provide improved visibility at the intersection of Highway 9 and Saratoga Avenue. 32. All trucks shall enter and exit the site in accordance with the approved plans and shall be guided by traffic control personnel when entering the public right of way from the project site. 33. The parking and circulation system for the project shall be constructed as shown on the approved plans for the either the option where the property is transferred to the Federated Church or the option illustrating the property as being maintained by the Fire District. 34. Other than approved safety devices there shall be no amplified sound on the... Project site or on any Project parking area. 35. All conditions of approval shall be made a part of the project bid documents and all bidders shall be required to acknowledge that they and all subcontractors have reviewed and agree to abide by the conditions of approval. Prior to each stage of construction (i.e., demolition, grading, construction) Applicant shall require the contractor and subcontractors chiefly responsible for that stage of construction to attend a preconstruction meeting with the City to review the conditions of approval. CITY ATTORNEY 36. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought by any third party in any State or Federal Court,. challenging the City's action with respect to the applicant's project. 37. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. The City Council hereby directs staff to do the following: 38. The Public Works director is directed to work with CalTrans to (1) optimize the timing of the signal at the intersection of Highway 9 and Saratoga Avenue in light of the increased volume of traffic on Highway 9 during the a.m. and p.m. peak periods; (2) identify short term and long term measures to facilitate left turns into 9 the Fire Station site from southbound Highway 9; and (3) make any improvements necessary to allow the signal at the intersection of Highway 9 and Saratoga Avenue to accommodate a receiver to allow use remote signal pre- emptor by the Saratoga Fire Protection District. 39. The Public Works Director is directed to continue to work with the Village Green Cut-Through/Highway 9 Traffic Signal Task Force to coordinate with residents of the Village Green and other members of the community to develop a set of proposals for consideration by the City Council. The Task Force report shall be presented to the City Council no later than March 31, 2003. 40. The Public Safety Commission is directed to present to the City Council no later than June 30, 2003 a proposed Motor Vehicle resolution that would (a) prohibit all construction vehicles from the Village Green area except for vehicles necessary for authorized construction on the streets subject to the restriction (e.g., residential remodeling or other construction); (b) prohibit non-residential cut- through traffic on Oak Place and Park Place; and (c) prohibit parking on streets for more than two hours without a permit. Prior to preparing the proposed resolution the Commission shall notify affected residents and hold at least one community workshop. The resolution shall be accompanied by a report describing the manner in which the restrictions would be implemented, the specific streets upon which the restrictions would apply, and methods of reducing any inconvenience to affected residents. The report shall recommend the period of time that the Motor Vehicle Resolution should remain in effect. Following adoption of a Motor Vehicle Resolution the City Council will direct the Public Works Department to immediately post signs-and take other actions necessary to implement the resolution and direct City Code Enforcement and Sheriff's office personnel to enforce the resolution. The above and foregoing Resolution was passed and adopted at an adjourned meeting of the City Council of the City of Saratoga held on the 6'h day of November 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 10 ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Council. Property Owner or Authorized Agent Date i C~ tt ITEM 2 i REPORT TO THE PLANNING COMMISSION Application No./Location: App # 02-176/ 14380 Saratoga Avenue and 20473 Saratoga Los Gatos Road Applicant/Owner: City of Saratoga Staff Planner:. John F. Livingstone, AICP, Associate Planner Date: October 9, 2002 APN: 397-22-019, Department Head: and 015, 042, 012 14380 SAR.ATOGA AVF'`TT T~- Attachment 2 STAFF ANALYSIS ZONING: PA (Professional Administrative) GENERAL PLAN DESIGNATION: PF (Public Facilities) MEASURE G: Not applicable PARCEL SIZE: 27,917 AVERAGE SITE SLOPE: 4% GRADING REQUIRED: 1,191 Cubic Yards ENVIRONMENTAL DETERMINATION As the project sponsor, the Saratoga Fire District is the lead agency for this project and has circulated an Initial Study and proposed Mitigated Negative Declaration according to the procedures set by the California Environmental Quality Act. The document is attached to this staff report and forms the basis for much of the analysis presented belov<~. The City is a responsible agency under CEQA and cannot act on the project until an en~rironmental document has been adopted by the lead agency. The Fire District expects to consider adoption of the proposed Mitigated Negative Declaration before the Planning Commission's October 9, 2002 meeting. PROJECT DESCRIPTION The applicant is requesting approval of a Conditional Use Permit, Design Review, Lot Line Adjustment, and General Plan Conformity Determination. The Conditional Use Permit is for a new and temporary Fire Station with variations to setback and landscape standards. The existing Fire Station building at 14380 Saratoga Avenue is proposed to be demolished and a temporary facility is proposed at 20473 Saratoga Los Gatos Road (The existing Contempo Building Site) during construction of new Fire Station proposed at the same location as the existing facility at 14380 Saratoga Avenue. The General Plan Conformity Determination is for vacation and abandonment of George Whalen Way (City alley located behind the existing Fire Station), the transfer of Heritage Plaza property from the City to the Saratoga Fire Protection District, and the acceptance of two pedestrian and bicycle easements. 000002 s MATERIALS AND COLORS PROPOSED Exterior finish will be a beige and tan stucco with ceramic rile accent bands. The roofing material will be a Mission rile roof. Color and material samples will be available at the public hearing. Proposal Lot Coverage: Floor Area: First Floor Second Floor Basement TOTAL Front Setbacks: Rear Left Side (interior side) Right Side (exterior side) Height: Landscape: Fire Station Fire Station PROJECT BACKGROUND 29.6% 8,987 sq. ft. 4,171 sq. ft. 2,277 sq. ft. 15,435 sq. ft. 25 ft. 0 ft. 0 ft. 15 ft. 30 ft. None in the front yard Code Requirement/ Maximum Allowance 30% Maximum allowed The P-A Zone district does not specify a maximum floor area; it specified only a site coverage maximum. Minimum allowed 25 ft. 25 ft. 16.4 ft. lift. Maximum allowed 30 ft. Code requires 10 ft. of landscaping in the front yard At its September 5, 2001 meeting, the City Council adopted Resolution 01-060 upholding an appeal and denying the application of the Saratoga Fire Protection District to build a new Fire Station at 14380 Saratoga Avenue and to maintain a temporary Fire Station during construction of the new Fire Station. Following adoption of the resolution in September 2001, the City sponsored a collaborative planning process for the site of the proposed Fire Station. The stakeholder group for this Ad Hoc Committee included the Fire District, Santa Clara County Sheriff's Office, County Administration, the United States Postal Service, FACT, the Federated Church, neighbors, and representatives from the City's Planning and Public Safety Commission. The group presented its final report to the City Council on Apri117, 2002. The City Council then directed staff to work with the Fire District to develop a plan for a new Fire Station reflecting the key design concepts included in the group's "Scheme A." On July 17, 2002 the City Council approved a settlement agreement with the Fire District in response to litigation filed by the District challenging the City's denial of the original 000003 application. The settlement agreement establishes a process for consideration of a new Fire Station design consistent with "Scheme A", including a front apron of at least 59 feet and compliance with the City's height limitations and standard front yard setback. The "Scheme A" approach requires variations from the City's rear and side-yard setback requirements and front yard landscaping requirements. The agreement requires preparation of an environmental analysis of the new design by the Fire District and re~Zew by the City Planning Commission. The agreement also requires the City Council to consider, (1) vacating the alley between the existing Fire Station and the post office and, (2) transferring the Heritage Plaza property to the Fire District in exchange for ten nevt~ public parking spaces in addition to the 24 required by the District, and bicycle and pedestrian easements along Sazatoga Avenue and State Route 9. The agreement specifies that nothing in the agreement restricts the City's discretion in considering these matters. -- The agreement requires the City and the District confer regarding proposed changes to the project. At the July 17, 2002 City Council meeting, a motion was made to place Resolution 01-060 on the next agenda for reconsideration before the Ciry Council pursuant to Section 2- 10.110 of the Ciry Code that allows the Council to reconsider any action (other than an ordinance, license, or permit approval) at any time. At the August 7, 2002 meeting the City Council reconsidered that matter and directed the applicant to submit revised plans to the Planning Commission. In light of the work of the Ad Hoc Committee and the subsequent design efforts of the Fire District, the Council referred the project with direction that the Fire District revise their application to generally conform to "Scheme A" as described in the Settlement Agreement, and that the Planning Commission review the revised plan to ascertain its general conformance with "Scheme A" and the settlement agreement, and concurrently review, (1) the proposed vacation of George Whalen. Way (the alley behind the existing Fire Station) and, (2) the transfer of the Heritage Plaza property to the District for conformity with the City's General Plan pursuant to Government Code section 65402(a). PROJECT DISCUSSION Issues Raised at the September 25`h Planning Commission Meeting During the first review of the project at the September 25, 2002 Planning Commission meeting the following issues where raised by the Commission: 1. Request that the Post Office provide a letter to the City agreeing to the proposed project. The applicant has not received the letter as of the writing of this report. The Post Office did verbally agree to the proposed project at the last Planning Commission meeting as reflected in the minutes for the meeting. 2. Report on the status of the Sheriff Department pazking. As of October 1, 2002 the Sheriffs will be using the City Pazking District public parking spaces for their private vehicles. 3. Confine that the restriping of Sazatoga Avenue will not have a negative effect on the existing five parking spaces in front of the Post Office. The Director of the Public Works Department has confirmed that there will be no negative impact to 0~~~0~ the existing parking spaces and will include this in the City Traffic Analysis Report. (The report was not available and will be forwarded to the Commission separately) 4. A member of the public requested a letter from Caltrans. I have attached a letter from Caltrans. The letter contained two minor comments. 5. The Commission asked to see the prior traffic report for the project. Staff has included this as an attachment. 6. The applicant v,~ill provide different the color and roof samples at the meeting. 7. At the request of the Commission the applicant will provide an attachment illustrating the parking area that is proposed to be sold to the church, showing it as part of the Fire District property. S. The applicant will also provide an attachment to the plans showing the construction staging areas. 9. The Commission requested that the applicant provide a condition of approval linking all of the Fire District parcels together. This condition has been added. In addition to the above information staff met with Fire District staff and reviewed all of the project's conditions of approval and have agreed upon the conditions as shown on the resolutions. Design Review Staff feels the proposed project meets the design criteria stated in Section 15-46.040 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julia Morgan design. The Federated Church located to the rear of the Fire Station was designed by Julia Morgan. The materials and architectural features proposed help the project fit in with the character of the neighborhood. The design has been pulled back significantly from the existing location on the corner of Saratoga Avenue and Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian scale element to the corner. The applicant is proposing a hand troweled finish to the exterior of the building. The quality exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown grillage area. The applicant is proposing to enhance the existing site with a new landscape plan that will provide trees the entire length of the parcels on Saratoga-Los Gatos Road and use colored bricks to distinctively mark the pedestrian zone on the pavement on the front apron. The landscape plan also includes a retention basin to help meet Storm Water Quality requirements. Conditional Use Permit The applicant is requesting a Conditional Use Permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district and limit landscaping in the front 0~0~~5 yard area. Where a Use Permit is required section 15-55-.030 of the City Code gives the Planning Commission discretion to allow variations from the standard site area, coverage, structure height, yard minimums and other standards for the Zone District. In light of the numerous competing design and land use considerations reflected in the Ad Hoc committee's Scheme A, staff feels that the necessary findings can be made to support the Use Permit as follows: That the proposed temporary and permanent Fire Stations with code variations are in accord with the objectives of the Zoning Ordinance and the purpose of the district in which they are located in that they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The Fire Stations are necessary to pro~~ide fire protection for the City. The setback and landscaping variations will allow the permanent Fire station to have a 59-foot front apron that will avoid safety problems and will allow for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. • That the proposed Fire Stations and the conditions under which they will be operated will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposal is a continuation of the existing use. The proposed new Fire Stations will provide adequate parking for the 24 employees that will use the Fire Stations and will have no significant environmental or traffic impacts to the property or surrounding area. That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15- 18.030 of the zoning regulations except for the Code variations described above which the Planning Commission has determined are necessary to achieve the safety and circulation objectives described above. Lot Line Adjustments The applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be moved to enlarge the parcel that will become parking for the church. Staff recommends the following findings be made in accordance with the zoning regulations to approve the requested lot line adjustment: • The proposed lot line adjustment is consistent with the General Plan in that the lot line adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation between all of the involved parcels. • The proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter in that the lot line adjustment is ~~~~Os specifically approved by the advisory agency through the granting of a • Conditional Use Permit under chapter 15 of the City Code. The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. Parking The Municipal Code requires the Fire Station to have one space for each employee for a total of 24 spaces. The Fire Station will have 18 parking spaces on site, and will satisfy an additional 6 spaces located off site. (The District proposes to sell a portion of the Contempo property to the Federated Church and to obtain an easement or other permanent agreement from the Church for use of six spaces in the Church parking lot.) In addition to the 18 Fire Station spaces located on the Fire District property, 10 spaces are proposed to be provided for public parking controlled by the City pursuant to an easement or other permanent agreement with the District as part of the land transfer v<dth the City. During construction of the permanent Fire Station the District will pro«de 18 parking spaces on site and will satisfy the remainder of its obligations through an agreement with the Church for use of six spaces in the Church parking lot. During construction the parking for the Post Office will be temporarily short ~ spaces that are currently accessed from the alleyway that is proposed to be vacated. The District has proposed to grade the site so that after construction the S spaces can be . accessed from the main parking area for the Post Office and Sheriffs Office parking. Trees The City Arborist report dated March 15, 2001 contains recommendations for the protection of existing trees on the site. There are eight 8 Olive trees on the existing Fire Station property potentially at risk of damage by construction. Only two of the trees are ordinance protected The applicant proposes to transplant the trees that are able to be transplanted, and replant native specimens to replace the value of any trees lost. The Contempo property has several Liquid Amber trees that surround the building of which none are ordinance size trees. All of these trees will be removed for the temporary Fire Station. The large Magnolia in the front will remain. Staff has added conditions of approval for the Contempo site to protect the Magnolia tree. The Arborist Report contains recommendations for the restoration and protection of the health of all trees on the existing Fire Station site. All of the Arborist's recommendations have been made conditions of approval in the attached Resolution. GENERAL PLAN CONSISTENCY The proposed Fire Station, Vacation of George Whalen Way, Transfer of the Heritage Plaza property to the Fire District, acceptance of the ten public parking spaces and the Bicycle and Pedestrian Easements are consistent with the follovaing General Plan Goals and Policies. CI.7.Oa Provide adequate parhing for non-residential uses to minimize intrusion into adjacent neighborhoods. Finding: The proposed development will meet all required parking 00~~0~ standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and accompanying dedication to public use of ten parking spaces will minimize existing intrusions into adjacent neighborhoods by providing new public parking spaces controlled by the City of Saratoga. CI.~.15 Require the provision of secure birycle parking as part of all future development projects that include multi family residential, commercial, industrial, office, and institutional uses. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities the land transfer and easement acquisition and will enhance opportunities for bicycle access by providing easements for bicycle use. CI.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for- employees to further encournge bitycling as an alternative to automobile use. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. 4.0 To reduce the danger of property damage and loss of life due to fire in both urban and n~ral areas of the City. Finding: The vacation and property transfer will allow development of a fire station design with a front apron of sufficient size to avoid safety problems associated vv~ith backing fire apparatus into the existing bays and with a sufficient setback from the intersection of Saratoga Avenue and Saratoga-Los Gatos Avenue to minimize the bulk of the structure and improve line-of-sight at the intersection. CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center. Finding: The proposed development will include clear pedestrian zones and a plaza entry. The land transfer and easement acquisition will enhance opportunities for pedestrian and bicycle access by pro~riding easements for pedestrian and bicycle use. Conclusion The proposed Fire Station, and Temporary Fire Station do not interfere with views or privacy and will minimize the perception of bulk so that it is compatible with the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and impervious coverage through the Conditional Use Permit process: Correspondence and Commissions Review Staff received one letter to date in opposition of the proposal and has included it as an attachment. The Public Safety Commission reviewed the project September 16, 2002. The Commission supported the project design and asked that a condition be added that requires the applicant to provide a newsletter to the neighborhood regularly updating Od0~08 them on construction time frames and construction activities that will impact the intersection at Saratoga Avenue and Saratoga-Los Gatos Road. Staff has added this as a condition of approval. The Heritage Preservation Commission reviewed the design on September 10, 2002. The Commission supported the proposed project's site plan and design. STAFF RECOMMENDATION Follovving receipt of a final CEQA document, the Planning Commission can take action on the project. 1. Staff recommends the Planning Commission approve the Design Re~~iew and Conditional Use Permit by adopting the attached Resolution. 2. Staff recommends the Planning Commission adopt the Resolution recommending the Vacation of George Whalen Way, transfer of the Heritage Plaza property from the City to the Fire District, and the acceptance of two pedestrian and bicycle easements to the City Council. Following the Planning Commission's action on the project, the City Council will hold a public hearing on the vacation of the alley, acceptance of the easements, and the conveyance of the Heritage Plaza property to the District. This hearing would be at the October 16, 2002 Ciry Council meeting. Attachments 1. Planning Commission Resolution of approval for the Design Review, Conditional lise Permit and Lot Line Adjustment 2. Planning Commission Resolution of General Plan Conformity 3. Traffic Reports (3) 4. Proposed Mitigated Negative Declaration ~. Settlement Agreement 6. Letter from the Department of Transportation 7. Letter from Arron L. Katz 8. Project Plans (Planning Commission only) 000009 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLAND 00000 Attachment 1 RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SARATOGA FIRE PROTECTION DISTRICT; 14380 SARATOGA AVENUE WHEREAS, the City of Saratoga Planning Commission has received from the Saratoga Fire Protection District ("Applicant") an application for Design Re~~iew, Conditional Use Permit, and Lot Line Adjustment for the approval of a new Fire Station at 14380 Saratoga Avenue and Temporary Fire Station at 20473 Saratoga-Los Gatos Road to be used during construction of the new Fire Station; and WHEREAS, on September 25, 2002 and October 9, 2002 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 Planning Commission of the City of Saratoga has considered the application and all testimony and other evidence submitted in connection therewith; and WHEREAS, the applicant has met the burden of proof required to support said application for Design Review, Conditional Use Permit and Lot Line Adjustment approval, and the following findings have been determined: Environmental Review The Saratoga Fire Protection District, as lead agency, has issued a Mitigated Negative Declaration for the proposed project. The Planning Commission has considered the environmental effects of the project as shown in the Mitigated Negative Declaration. Design Review The proposed project meets the design criteria stated in Section 15-46.040 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julia Morgan design. The Federated Church located to the rear of the Fire Station was designed by Julia Morgan. The materials and architectural features proposed help the project fit in with the character of the neighborhood. The design has been pulled back significantly from the existing location on the corner of Saratoga Avenue and Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian scale element to the corner. The applicant is proposing a hand troweled finish to the exterior of the building. The . quality exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the OOO~g1 elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. The applicant is proposing to enhance the existing site with a new landscape plan that will provide trees the entire length of Saratoga-Los Gatos Road and to use colored bricks to distinctively mark the pedestrian zone on the pavement on the front apron. The landscape plan includes a retention basin and provides drainage from the parking area into the landscape areas to help meet Storm Water Quality requirements. Conditional Use Permit The applicant is requesting a Conditional Use Permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district and limit landscaping in the front yard area. Where a Use Permit is required section 15-55-.030 of the City Code gives the Planning Commission discretion to allow variations from the standard site area, coverage, structure height, yard minimums and other standards for the Zone District. In light of the numerous tempering design and land use considerations reflected in the Ad Hoc committee's Scheme A, the necessary findings can be made to support the Use Permit as follows: • That the proposed temporary and permanent Fire Stations with code variations are in accord with the objectives of the Zoning Ordinance and the purpose of the district in which they are located in that they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The Fire Stations are necessary to provide fire protection for the City. The setback and landscaping variations will allow the permanent Fire station to have a 59-foot front apron that will avoid safety problems and will allow for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. That the proposed Fire Stations and the conditions under which they will be operated will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the ~~icinity in that the proposal is a continuation of the existing use. The proposed new Fire Stations will provide adequate parking for the 24 employees that will use the Fire Stations and will have no significant environmental or traffic impacts to the property or sutxounding area. • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15- 18.030 of the zoning regulations except for the Code variations described above which the Planning Commission has determined are necessary to achieve the safety and circulation objectives described above. i 000~~2 Lot LineAdjustments The applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged ~~ith the City property and the lot line separating the two Contempo lots will be moved to enlarge the parcel that will become parking for the church. Staff recommends the following findings be made in accordance with the zoning regulations to approve the requested lot line adjustment: • The proposed lot line adjustment is consistent with the General Plan in that the lot line adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation between all of the involved parcels. • The proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter in that the lot line adjustment is specifically approved by the advisory agency through the granting of a Conditional Use Permit under chapter 15 of the Ciry Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter together will all public testimony and other evidence submitted during the public hearing, the application for Design Review, Conditional Use Permit, and Lot Line Adjustment approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The development shall be located and constructed as shown on Exhibit "A", incorporated by reference. Any changes to the approved plans are subject to the Community Development Director's approval. Any changes to the approved plans must be submitted in writing and each change indicated on the plan set with a cloud. 2. The following shall be submitted to the Building Department for review of the construction level drawings: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. i. All recommendations of the City Arborist set forth in the report of March 000.713 15, 2001 shall be adhered to and included as a separate plan page. ii. The site plan shall be stamped and signed by a Licensed Land Surveyor. iii. The site plan shall contain a note with the following language: "Prior to foundation inspection by the Ciry, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." b. Four (4) sets of complete grading plans incorporating this Resolution and March 15, 2001 Arborist Report as a separate plan page. The grading plans shall demonstrate that: i. No Retaining wall shall exceed five feet in height and three feet within the front yard setback. ii. All applicable recommendations of the City Arborist will be implemented. 3. No Ordinance-size tree shall be removed without first obtaining a Tree Removal Permit. 4. No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height 4th the exception of temporary construction fencing. ~. No structure shall be permitted in any easement. 6. A storm water retention plan indicating how all storm water will be retained on- site, and incorporating the New Development and Construction - Best Management Practices required by State and federal regulations. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be pro~~ided on the plan. 7. All exterior stucco finishes shall have a hand troweled finish. S. Pro~~ide a quarterly newsletter to residents of the District advising them of the location of the temporary fire station and regularly updating them on construction time frames and construction activities that will impact the intersection at Saratoga Avenue and Saratoga-Los Gatos Road. 9. The District shall retain ownership of all lands at 20473 Saratoga-Los Gatos Road (APN 397-22-019, 015, 042, 012) in order to satisfy all parking requirements for the project or,if a portion of said lands are to be sold, shall secure a recorded easement or other interest rutming with the land granting the owner of the land at 14380 Saratoga Avenue (APN 397-22-019) permanent access to six parking spaces on the Federated Church property (APN 397-22- 012,). If the six parking spaces shown on Exhibit A as being on the Federated Church Property are to be provided instead at 20473 Saratoga-Los Gatos Road ~O~t71~ the Applicant shall file re~~sed building plans showing the new location of the parking. 10. No building permit shall be issued unless (1) George Whalen way has been vacated by the City of Saratoga and (2) title to the Heritage Plaza has been transferred from the City of Saratoga to the Fire District. 11. All mitigation measures identified in the Mitigated Negative Declaration shall be implemented prior to final building inspection of the new Fire Station. 12. Five (~) ft. chain link tree protective fencing shall be shown on the site plan as recommended by the Arborist with a note "to remain in place throughout construction." The fencing shall be inspected by staff prior to issuance of a Building Permit. 13. A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any protected trees on the site. 14. All trenching for any utilities shall be located outside the driplines of all retained trees. If this cannot be achieved a project Arborist shall be retained to determine acceptable locations. 1~. No excavated soil shall be stored below the canopies of any trees. 16. Prior to issuance of a Demolition, Grading, or Building Permit, the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $4,166 pursuant to the report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. 17. Prior to Final Building Inspection approval, the staff shall inspect the site to verify compliance v<dth tree protective measures. Upon a favorable site inspection by the Arborist and, any replacement trees having been planted, the security referenced in the preceding Condition shall be released. 18. The Magnolia tree on property line in front of the existing Contempo building shall be maintained along with as many of the existing trees as possible that are located in the existing parking landscape area on parce1397-22-01~. 19. Provide a solid door on the trash enclosure. 20. Replace the existing broken fence on the retaining wall in the existing parking area. • 21. Prior to issuance of a building permit the applicant shall provide the City of Q~0"J~J~ Saratoga with a covenant applicable to the Fire District parcels to assure the • required number of parking spaces will be provided for the proposed project and ensure continued compliance with the applicable site coverage requirements. 22. All construction vehicle parking and private vehicles of construction workers shall be on site or on adjoining properties by permission of the property owner in accordance with Section 15-35 of the parking ordinance. 23. Prior to the demolition of the Existing Fire Station the applicant shall pro«de an agreement with the adjacent church property to pro~~ide for six additional parking spaces for the Temporary Fire Station. The agreement shall include a shared parking plan with a schedule of shift changes and church activities. 24. The proposed temporary tent used to park the fire apparatus under shall be 5 feet from property lines and the membrane structure shall be fire retardant, non- combustiblefabric (CBC 3112.2) or fire sprinklers will be installed. PUBLIC WORKS 25. The Applicant will share responsibility with the City of Saratoga for design and Construction of improvements to the Highway 9Big Basin Way intersection, Improvements to Saratoga Avenue, and the relocation of the Memorial Arch to Blaney Plaza as follows: . The Applicant shall be responsible for the following design and improvement items: A) Design of right turn lane improvements from northbound Highway 9 to eastbound Saratoga Avenue. B) Construction of concrete curb and gutter improvements associated with Condition (A) above. C) Design and construction of concrete sidewalk improvements along the Highway 9 frontage of the Applicant's property. D) Design and construction of concrete curb and gutter improvements along the Saratoga Avenue frontage of the Applicant's property. E) Design and construction of sidewallz improvements along the Saratoga Avenue frontage of the Applicant's property, which shall be marked distinctively (e.g., with colored concrete or brick work) to distinguish the pedestrian zone from the remainder of the driveway apron improvements. F) Design of lane line (striping) modifications on Saratoga Avenue that will add a dedicated right turn lane from westbound Saratoga Avenue to northbound Saratoga-Sunnyvale Road. G) All costs associated with the relocation of the Memorial Arch to Blaney Plaza including removal, transportation, foundation construction, and installation. . The City of Saratoga will be responsible for the following design and improvement items: ~00~~.6 . H) Construction of asphalt pavement improvements associated with Condition (A) above. I) Design of signal modifications to the Highway 9Big Basin Way intersection associated with Condition (A) above, which will include the capacity for a signal interuptor. J) All costs relating to the design of Blaney Plaza and all Blaney Plaza improvements other than the foundation for the Memorial Arch. The City of Saratoga and the Applicant shall share in the responsibility of the following design and improvement items: K) The City and the Applicant shall enter into a cost sharing agreement for the construction costs associated with the signal modifications at the Highway 9 and Big Basin Way intersection associated with Condition (A) above. L) The City and the Applicant shall jointly prepare and submit all necessary permit applications to Caltrans for the above conditions. Final design plans for the improvements described above shall be reviewed and approved by the Public Works Department prior to construction. CITY ATTORNEY 26. Applicant agrees to hold City harmless from all costs and expenses, including. attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought by any third party in any State or Federal Court, challenging the City's action with respect to the applicant's project. 27. Noncompliance with any of the conditions of this permit shall constitute a ~~iolation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. 00007 PASSED AND ADOPTED by the Ciry of Saratoga Planning Commission, State of California, tMs 9th day of October 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms. and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 0~~~~8 Attachment 2 RESOLUTION NO. RESOLUTION OF GENERAL PLAN CONFORMITY CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA SARATOGA FIRE DISTRICT;14380 SARATOGA AVENUE WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review, Conditional Use Permit, and Lot Line Adjustment for the approval of a nev<~ Fire Station. The project as proposed also includes vacation of George Whalen Way by the City of Saratoga, and a land exchange between the City of Saratoga and the Saratoga Fire Protection District whereby the City would transfer the Heritage Plaza property to the Fire District in exchange for ten-public parking spaces and certain bicycle and pedestrian easements. Pursuant to Government Code section 65402 the City Council has requested that the Planning Commission review the proposed vacation and land exchange for conformity with the City of Saratoga General Plan; and WHEREAS, the Planning Commission held a duly noticed Public Hearing on September 25, 2002 and October 9, 2002 at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission has approved the application for Design Review, Conditional Use Permit and Lot Line Adjustment approval subject to the City Council's approval of the vacation of George Whalen Way, transfer of the Heritage Plaza property to the Fire District, and acceptance by the City of ten public parking spaces and certain bicycle and pedestrian easements. The Following findings have been determined: The proposed Fire Station, vacation of George Whalen Way, transfer of the Heritage Plaza property to the Fire District and acceptance of ten public parking spaces and bicycle and pedestrian easements as specified in Exhibit A to the resolution approving the Design Review, Conditional Use Permit and Lot Line Adjustment are consistent with and conform to the following General Plan Goals and Policies: Policy CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and accompanying dedication to public use of ten parking spaces will minimize existing intrusions into adjacent neighborhoods by providing new public parking spaces controlled by the City of Saratoga. CI.5.15 Require the provision of secure bitycle parking as part of all future development projects that include multi family residential, commercial, industrial, office, and institutional uses. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities the land transfer and easement acquisition and will enhance opportunities for bicycle access by providing easements for 000019 • bicycle use. CI.~.19 Encourage non-residential development projects to include amenities such as showers and l others for employees to further encourage birycling as an alternative to automobile use. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. 4.0 To reduce the danger of property damage and loss of life due to fire in both urban and rural areas of the City. Finding: The vacation and property transfer will allow development of a fire station design with a front apron of sufficient size to avoid safety problems associated with backing fire apparatus into the bays and with a sufficient setback from the intersection of Saratoga Avetme and Saratoga-Los Gatos Avenue to minimize the bulk of the structure and improve line-of-sight at the intersection. CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center-. Finding: The proposed development will include clear pedestrian zones and a plaza entry. The land transfer and easement acquisition will enhance opportunities for pedestrian and bicycle access by providing easements for pedestrian and bicycle use. . Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter together will all public testimony and other evidence submitted during the public hearing, the Proposed vacation of George Whalen Way and exchange of the Heritage Plaza property for ten public parking spaces and bicycle and pedestrian easements is hereby found to conform to the City of Saratoga General Plan subject to the following conditions: 1. That the fire station and temporary fire station be developed in accordance with all conditions set forth in the Planning Commission resolution approving the application for Design Review, Conditional Use Permit, and Lot Line Adjustment for a new Fire Station at 14380 Saratoga Avenue and Temporary Fire Station at 20473 Saratoga-Los Gatos Road to be used during construction of the new Fire Station. ~~~~~0 PASSED AND ADOPTED by The City of Saratoga Planning Commission, State of California, this 9th day of October 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission • This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved b}' the City Planning Commission. Property Owner or Authorized Agent Date L_J d~~~~~ THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 0000.:2 Attachment 3 FEHRSPEERSASSOCL~TES.I~C. jl'(I I1J1~0~"tC1h01; COi1i!!itGilii ?5; tionh vlarket Street, Suite 20c? ~.-~n lose. CA 9~1i0 -n?17i3-iiill~ • i-:~\-il?~~i-i'1; ~r~~,..ie';rmdaeers.;on: NIE~IORANDUM To: Mary McGrath, RRM Design Group n From: Sohrab Rashid~~ Date: February 6, 2001 Subject: Proposed Replncente~zt ofSarato~a Fire Station: -Traffic Study Loos-sos Fehr & Peers Associates, Tnc. completed a traffic study for the proposed building replacement of the fire station located at the southeast comer of the Saratoga Avenue; Saratoga-Los Gatos Roacl (State Route 9) intersection in the City of Saratoga. This memorandum presents our key findings and conclusions followed by the study approach and methodology. Key Findings and Conclusions The replacement of the Saratoga Fire Station building at the southeast comer of the Saratoga Avenue/Saratoga-Los Gatos Road (SR 9) intersection is not expected to result in a change in the numher of trips generated by the project site. Thus, no capacity improvements to the intersection are required. However, fire district personnel will still be required to temporarily control traffic on Saratoga Avenue as emergency vehicles back into the new building bays. The westernmost wall of the new building will be pulled back from the southeast comer of the intersection to improve sight distance for drivers on northbound Saratoga-Los Gatos ; Road. This design feature will allow removal of the existing "No Right Turn on Red" signs ' for westbound Saratoga Avenue traffic. The increased sight distance will also enhance the visibility of pedestrians traveling between the southeast comer of the intersection and the adjacent raised median island. To maintain adequate sight distance, all objects within the sight line area must be less than two feet above grade. Overall, the proposed project will improve circulation in the vicinity of the site and no major street modifications are recommended. A "Keep Clear" designation should be painted on westbound Saratoga Avenue immediately in front of the building bay doors to delineate an`- area for vehicles to exit the building during emergency calls. 000023 i Additional improvements could be made at this intersection to further enhance capacity and safety, but are not required as part of the proposed project. These improvements include a separate westbound right-tum lane and modifying the curb at the southeast comer of the intersection to reduce pedestrian crossing distances. The design of the proposed project accommodates these potential future improvements. Study Approach and Methodology Existing Conditions Street Lc~ti out The fire station is located on the south side of Saratoga Avenue immediately east of Saratoga-Los Gatos Road, which is also designated as State Route (SR) 9 and is maintained by the California Department of Transportation (Caltrahs). North of Saratoga Avenue, Saratoga-Los Gatos Road is known as Saratoga-Sunnyvale Road. Similarly, Saratoga Avenue is designated Big Basin Way west of Sazatoga-Los Gatos Road. Big Basin Way is also designated as SR 9. This intersection is controlled by a traffic signal. (Although it is generally aligned in anortheast-southwest direction, Saratoea Avenue is assumed to extend in an east-west direction for purposes of this analysis.) The existing street layout in the immediate vicinity of the fire station is shown on Figure 1. The westbound approach to this intersection includes a separate left-turn lane and a shared through right-turn lane. The east-west approaches are controlled by separate signal phases such that all eastbound traffic proceeds and then stops, followed by traffic on the westbound approach. Overall, the intersection operates at Level of Service (LOS) D during both the morning (.AD/1) and evening (PM) peak hour based on traffic counts presented in the City of Saratoea General Plan Circulation and Scenic Highway Element. Level of service is a qualitative measure of intersection operation from LOS A with little delay (the best) to LOS F with excessive congestion (the worst). The City typically considers LOS D the minimum acceptable operating level and is now an official policy included in the recently adopted Circulation and Scenic Highway Element of the City's General Plan. Parking for the fire station is shared with the post office (located directly east of the station) ; and with the Santa Clara County Sheriff's Department Station located behind the post office.,,' Five angled parking spaces are provided directly in front of the post office and are posted with a 15-minute-time limit. The westernmost space is designated for disabled persons only. When vehicles back out of these spaces, they encroach into the eastbound travel lane. The only other nearby on-street parking spaces aze located on the north side of Saratoga Avenue immediately west and east of the uncontrolled, painted crosswalk shown on Figure 1. 2 00004 i Access to the fire station's rear lot is provided by a 14-foot wide inbound only driveway between the fire station and the post office. Vehicles must exit the lot via an otttbound only driveway on Saratoga-Los Gatos Road (SR 9). Bike ]apes are painted on the north side of Saratoga Avenue (between the uncontrolled crosswalk and the signalized intersection) and on the south side east of the uncontrolled crosswalk. Both bike lanes are six feet wide. Traffic Operatzorrs The existing station is built at an angle relative to Saratoga Avenue and the western building edge is built immediately behind the sidewalk at the southeastern corner of the intersection. This configuration limits the sight distance for northbound through vehicles on Saratoga-Los Gatos Road as they approach the intersection. Drivers of these vehicles cannot see westbound vehicles turning right from Saratoga Avenue to northbound Saratoga-Sunnyvale Road. The posted speed limit on northbound Sazatoga-Los Gatos Road is 35 miles per hour. The design speed of a roadway is typically five miles per hour higher than the posted speed, resulting in an estimated design speed of 40 miles per hour. According to data presented in the Caltrans Highway Design Manual, the minimum stopping sight distance for a design speed of 40 miles per hour is 315 feet. The corresponding sight distances for design speeds of 35 and 45 miles per hour are 255 feet and 360 feet, respectively. All three of these sight lines are presented on Figure 2 and show the line of sight from a northbound driver's view to the point where an westbound vehicle fuming right would enter the traveled way. This illustration shows that none of these sight distances are provided with the current fire station layout. To minimize the potential for vehicle conflicts, the City has posted "No Right Turn on Red" signs at three locations on the westbound approach of Saratoga Avenue. In many cases, right-fuming vehicles would be precluded from turning right on red because of the shared lane configuration on this approach (i.e., through vehicles queued in this lane would block vehicles from turning right). The number of westbound vehicles currently taming right from Saratoga Avenue is 100 in the AM peak hour and 70 in the PM peak hour. The existing fire station building layout and street layout also cause two other operational problems. Drivers in northbound vehicles on Saratoga-Los Gatos Road turning right to Saratoga Avenue cannot see: 1) pedestrians enter the crosswalk between the curb and two raised median islands in the intersection, and 2) emergency vehicles exit the two western bays of the existing fire station. In addition, some drivers tam right at a higher than reasonable speed to get ahead of eastbound traffic originating from Big Basin Way or turning left from southbound Saratoga-Sunnyvale Road. The wide lane immediately in front • of the fire station is used as an extended merging area by some of these drivers. 3 u When emergency vehicles exit the fire station, the adjacent traffic signal is overridden from within the station. This override turns the westbound signal "green" to clear out traffic on this approach and to give emergency vehicles the right-of--way through the intersection. Because the fire station does not have "drive though" access, emergency vehicles must be backed into bays while traffic on Saratoga Avenue is manually controlled by fire station personnel. Proposed Proiect The replacement of the City of Saratoga Fire Station will include upgrading of the building structure, modernization of the facilities, and consolidation of the bays for emergency vehicles. The building replacement will improve public access to the station and will comply with design standards set forth by the American with Disabilities Act (ADA). The proposed building design and existing topography was obtained in digital fom~at from the January 24, 2001 site plan prepared by C3 Design Alliance and RRM Design Group. With the proposed project, the replacement building will be built within the property line and will be pulled back from the southeast comer of the intersection, which will improve sight distance at this location. The approximate location of the proposed wall with the building replacement is shown on Figure 2, and indicates that adequate sight distance would be provided based on a design speed of 45 miles per hoar (this assumes an actual travel speed of 40 miles per hour). It should be noted that all objects (e.g., walls, ramps, landscaping) within the sight line should be less than two feet above grade to ensure that a vehicle at the intersection would be visible by a driver traveling north on Saratoga-Los Gatos Road (SR 9). The proposed improvement would permit removal of the "No Right Turn on Red" signs for westbound Saratoga Avenue traffic. The increased sight distance will also- improve the visibility of pedestrians beriveen the fire station and the raised median island at the southeast corner of the intersection. In addition, the total of five emergency vehicle bays will be reduced to three, and the new bays will all be located on the east side of the property (i.e., farthest from Saratoga-Los Gatos Road). This site modification will reduce the potential for conflicts between northbound right-turning vehicles and emergency vehicles entering or exiting the fire station. Since drive through access is not feasible as part of the building replacement project, fire station personnel will have to continue to manually control traffic on Saratoga Avenue while vehicles back irito the three remaining bays. Under any scenario, a "Keep Cleaz" designation should be painted on westbound Sazatoga Avenue immediately in front of the fire station's vehicle bays. Keeping this area clear would help emergency vehicles exit the building in a more timely manner and clearly delineate where westbound vehicles should stop when emergency vehicles aze in Code 3 response with sirens and lights. If this designation is not effective in maintaining an appropriate gap in front of the station, the street can be re-painted and small "chatter bars" 4 QD~~tis can Ue installed that would physically restrict this area; however, emergency vehicles could drive through or over these bars. The proposed replacement project is not expected to change the number of vehicle trips generated by the station. Thus, an analysis of intersection operations is not considered necessary for this study. Overall, the proposed project is expected to slightly improve traffic operations on Saratoga Avenue in front of the fire station and at the Saratoga-Los Gatos Road/Saratoga Avenue intersection. The improved sight distance and bay closures will help to reduce potential vehicle conflicts with other vehicles and pedestrians. Also, the removal of the "No Right Turn on Red" sign on westbound Saratoga Avenue will reduce delays for some vehicles. Notwithstanding the expected traffic benefits of the proposed project, the Sazatoga Fire Protection District has requested that additional street design modifications be investigated to further improve traffic operations in the immediate vicinity of the project. The development of potential roadway improvements is presented in the next section. Potential Roadway Improvement Alternatives The following roadway improvements were assessed in terms of their potential benefits and impacts to circulation: I. The addition of a separate westbotnd right-turn lane from Saratoga Avemze to Saratoga-Sunnyvale Road; 2. Re-construction of the curb return at the southeast comer of the Saratoga-Los Gatos/Saratoga Avenue intersection to slow northbound right-turning vehicles. These improvements are not required as part of the proposed project to provide adequate circulation, but represent additional enhancements that could be made in the vicinity of the project site. Both of the potential improvements is discussed separately below and a third alternative combining both improvements is also presented. Separate YI%stbound Right-tzzrn Lane A separate westbound right-turn lane on Saratoga Avenue could be added by re-striping the roadway. There are several issues to be addressed with this modification: • Provide proper channelization of eastbound traffic; • Maintain access to the driveway between the fire station and post office; • Maximize the eastbound lane width neaz the angled pazking spaces next to . the post office; and Maximize the length and maintain the width of the existing bike lanes. 5 QO~~~~ L~ Based on these considerations, aplan was prepared to re-stripe Saratoga Avenue as shown on Figure 3. This figure shows the new right-turn lane plus atwo-way center left turn lane (TWLTL). This lane is designed to maintain access to the driveways on either side of the post office and to help chamrelize westbound traffic as it approaches the signalized intersection. The~TWLTL should not be extended east of the crosswalk east of the post office so as to allow full access at the easternmost driveway shown on Figure 3. With removal of the sight distance restriction caused by the existing building and removal of the "No Right Turn on Red" sign, the capacity benefit of adding a separate right-riim lane would be realized. As noted previously, a "Keep Cleaz" designation should be painted on westbound Saratoga Avenue immediately in front of the fire station's vehicle bays. This will help emergency vehicles exit the building without having to drive around queued vehicles. This proposed re-striping would have to accommodate full-size buses operated by the Valley Transportation Authority (VTA). Application of bus turning templates shows that northbound buses taming right would not be affected. To minimize the potential for southbound lefr-turning buses conflicting with westbound vehicles queued in the left-tam lane, a painted stripe should be installed approximately five feet behind the crosswalk (see Figure 3). Since-the turning templates are considered conservative, this vehicle setback should be adequate. A~lodify Adjacent Curb (No Separate Right-turn Lane) Another potential improvement is to relocate the existing curb at the southeast corner of the intersection. This improvement, which is shown on Figure 4, would accomplish the following: • Eliminates the sight distance hazard experienced by pedestrians conflicting with northbound right-fuming vehicles from Saratoga-Los Gatos Road; • Better channelizes eastbound traffic by eliminating a lazge, uncontrolled merging azea; • Reduces the crossing distance for pedestrians and their exposure to. vehicles; • Eliminates the hazard of having a raised median and fixed object in the "middle" of the intersection The proposed curb modification would require substantial roadway construction including installation of new curb, gutter, and sidewalk. The modified section on Saratoga Avenue in front of the new bays would likely have to include rolled curb or no curb to accommodate inbound and outbound emergency vehicle movements. 6 ~~4~~8 The signal pole on the existing median island would have to be relocated to the sidewalk and could require installation of pole with a mast arm. With this configuration, the crossing distances for the eastern and sottthem crosswalks at the intersection would be reduced by approximately 24 feet. Further, the southern crosswalk could be re-aligned straight across Saratoga-Los Gatos Road (SR 9) and the existing pedestrian button in the median could be eliminated. Similar to the lane re-striping shown in Figure 3, bus turning templates were applied to Figure 4 to ensure that VTA buses could negotiate tams without encroaching into adjacent or opposing travel lanes. Also, a "Keep Cleaz" designation should be painted on westbound Saratoga Avenue to accommodate emergency vehicles exiting the fire station. This improvement w•ottld increase the sight distance for northbound traffic taming right, reduce the potential for vehicle-pedestrian conflicts, and provide better visibility in front of the fire station's vehicle bays. Provide Separate Right-turn Lane and Modify Adjacent Curb This third option shown on Figure 5 is a combination of the improvements illustrated on Figures 3 and 4. The separate right-turn lane would be added on the westbound Saratoga Avenue approach and the "free" northbound right tam movement would be eliminated by modifying the curb on the southeast corner. The "Keep Clear" designation on westbound Saratoga Avenue would still be required, and this option would provide all of the benefits of both improvement alternatives described above. 7 0000 :9 ~v V C ~ n G Q V; r O m a rn H ~~ W ~ W m ~ o ~ c v~ ~ ~ Z C N ~ .: a o X ~ W Q V C _ U 8 tq r •- i C Q~ ~ ~ ~ a ~ ~ R ~ LL ' 0 8 Z v 5 V C U Q l 0 a v ~~~^~~ r := C J m 3 ~ m W ~ Z c .J rn ~'~ W a U ~ Z c ~ w (n ~ 0 C ro T o C`3 7 Q N U C _I U g w N A '~ N d ~ 7 a ~ ;, y LL R 0 8 Z 000031. • __ ~= Pa a~en6uuns-e6o~e~eg ~~- ~, O F 41 N C J ~ U U m C p~ N (V O E N m e i- U ~ d o > ~ d t n ~ ~ 3 ~ d L = mm v c w y U x y da - d N N N Y a y y O •~ 2 E a C ~ K y V 1 ~J I ~ a _. ~m j N ~ L 3m C~ E U O N u O d y ga~ato9lSRyGa`pS Rd 0 ~~ ~Z U V) ~) W Z g /z I..L L~ 'rrt /vim LL Z O W I- Q W Q z a W Z ~ W 3 Q m Q a ~ c~ O fn ~ Q m Q o ~ !? W -a 0.. , ca [[ ~, F- o ~ W ~ ~ a d U C U (~ 8 V! ~ n C i o ~ ~ „ a ~ x o a Z 00~~~ v ~l C Q 5 y 'o, Fr ~o C ,_' C c v; .3 m -a c .N m 0 c ,v_~ a c m T C O (0 a d U C O U N C R1 a- ui 0 z Z a F- w 0 z m U H Z W U Q Q } LL, O o 7 c m 11 R 8 00003 i C ':, 4: c ~ r J N Y L _ m N N r. c E 0 t- 0 m N 9 N U c Y N C . \ Pb alen,(uung-e6o~e~eg m 0 m m y .- 6~Id~ n N ~ ' X ~ ~ N N ~ ' ~ j ~ I Y N o 'c m m E ~ ~ 3 w U CI :~ o ~ 9 O L^' N A r __F -A _ _ ~i m m ~ V m ~ ," ~~ a~ - _~ U a T.',~''AI, ~ U 11 ' •~- N C I v °' c ~ m n m m c c ~ N b m o o m y Ev c sr N _ U_ d O o a y L d y O N N N d m U L ~~ O ~ 6 c?~ N ~ /1/ O O C O (~ m d / N ~ d~ U QJ N LL }, Sa~ato9ls~o gl~atoa Rd o ~ P I I Z~ (n W Z g z _~ z [0 Q W 0 Q W Z W -3 /¢ lR C v _01 m V) t-L QU ~~ N a ~ c ~ Q, m ~ a ~ o ~ 0 ~ CL Q Q N U C U LI7 ^ 0 N ~ ~ C ~ r a ~_ ; LL O $ Z n' ~~On~~ ~i a j .` '`n Q 6 4 G FEHR~PEERS ASSOCIATES, ING Zransportation Cancultants 255 Noah Market S~rcM, Suite 200 San Jose, CA 95110 408 278-] 700 • Fax 408 278-1717 www[ehrandpeers.com Mx+;MUXtANUIIIVi To: David Anderson, City Manager, Ciry of Saratoga John Cherbone, Public Works Director, City of Saratoga Chief Ernie I4aule, Saratoga Fire District From: Sohrab Rashid, P.E~ • Date: August 29, 2001 Sxbjecr. Saratoga Fire Station Replacement-Tra,JjicAssessinentofPropasedTemporary CirculatBon Plern ions-sos The proposed upgrade to the Saratoga Fire Station involves temporary relocation of emergency service operations to the former Contempo Real Estate building located south of the existing station, The cunent plan shows that the fire apparatus and ambulance vehicles will be pazked around the building, Vehicles will enter the site from Saratoga-Los Gatos Road and will exit the site using the existing one-way driveway located east of the Post Office. The proposed circulation pattern is illustrated on Exhibit A. Two issues have been raised regazding the proposed circulation pattern for temporary operations: l) potential protiiems for pedestrians crossing the exit driveway next to the Post Office, and 2) optional circulation patterns around the Contempo building. Each of these issues is addressed below. Pedestrian Issues at the Post Office Driveway Exhibit B provides a schematic representation of the existing configuration of the driveway located immediately east of the Post Office building- Pedestrians traveling eastbound towards Pazk Place must cross the driveway in an angled crosswalk. Once across, pedestrians will do one of three things: 1) cross Saratoga Avenue in the painted crosswalk, 2) continue east towards Park Place on an unpaved sidewalk, or 3) wait at the existing bus stop for Routes 27 and 54. Vehicles exiting the driveway must stop prior to the angled crosswalk as indicated by a posted stop sign. Vehicles used by the fire department, Cour-ty sb.eriff, private citizens currently use this driveway. •~~~~~5 Z abed iWd8Z~4 ZO-6Z-6nV iLIL~ BLZ 804 `.sa}etoossy suaad g ,dyed :/(g }u When emergency vehicles exit the site dying temporary operations at the Contempo building, these vehicles will have their lights and sirens on to warn vehicles and pedestrians on Sazatoga Avenue. However, a pedestrian walking close fo the Post Office building could still step oul into the existing angled crosswalk in front of a vehicle if they were not paying attention. To improve visibility for pedestrians and drivers, the crosswalk could be realigned to be parallel to Saratoga Avenue and further away from the edge of the adjacent Post Office building (see Exhibit C). This would require construction of a new curb extension and handicap ramp plus some sort of fence or planter arrangement tc align pedestrians prior to crossing the driveway. Emergency vehicles would still be required to stop with this layout, but the proposed improvements would provide a more standard configuration and sight distance would be increased. Other measures to increase visibility of approaching vehicles to pedestrians include the installation of a curved mirror on the existing stop sign pole. The curved mirror would allow a pedestrian to view oncoming traffic in the alley without having to look around the Post Office Building. Another measure is the installation of a "CAR COMING" sign that would flash as a vehicle approached (activated by a physical or magnetic trigger as the vehicle passes over it) as shown on Exhibit D. These measures are alternatives, but are not considered necessary if the improvements on Exhibit C aze implemented. Vehicle Crrcnlation As noted above, the proposed circulation pattern for emergency vehicles is to enter from Sazatoga-Los Csatos Road (SR 9) and exit onto Saratoga Avenue via the driveway located east of the Post Office. A Seld test of the department's engine indicates that all vehicles can complete •the required rum maneuvers (see Exhibit A) without encroaching into 'the opposing travel lane. This is the preferred circulation pattern because vehicles would exit onto Saratoga Avenue, which has lower traffic volumes than SR 9 and would require fewer vehicles to clear the intersection when the traffic signal pre-emption is activated by the lire Department. In addition, this pattern maintains the existing on-site circulation pattern and does nol affect any of the angled parking spaces next to the Contempo building. Three other circulation alternatives were aRSessed to determine if another pattern could be implemented without resulting in potential safety concerns. The three alternatives (1,2, and 3) are illustrated on Exhibits E, F, and G, respectively. It should be noted that the depar~ent's fire engine was used to field test all of these patterns and could negotiate all of the turns provided vehicles are not parked in most of the spaces on the south and east sides of the Contempo building: Laeh of the alternate circulation plans is briefly described below. u 2 000036 g abed ~WdBZ~b ZO-6Z-6nV :LtLL 8LZ HOb `sa~eioossy suaad g ,~yad :/I8 iue • Alternated (Exhibit E) This scheme includes the same inbound path as the proposed circulation plan, (]3xhihit A); but emergency vehicles would exit out of the driveway on the north side of the Contempo building. The exit pattern conflicts with the entrance pattern to the five angled parking spaces along this driveway and also requires the larger fire engines to cross the painted median island (i.e., two sets of double yellow Iines) on SR 9. Alternate 2 (Exhibit F) This pattern is the reverse of Alternate 1 in that vehicles enter the driveway north of the Contempo building and 8xit the site from the south driveway. Similar to Alternate 1, entering vehicles would be required to cross the painted median on 5R 9. Vefiicles exiting the site would be opposite Oak Street, and no major modifications would be required to provide adequate sight distance in both directions except for the possible removal of several directional signs. Sight distance at the. south driveway is considered superior to the north driveway for exiting vehicles according to fire department staff and f eld observations. Alternate 3 (Exhibit G) This plan would require vehicles to enter the site from Saratoga Avenue via the driveway east of the Post Office. Sinulaz to Alternate 2, emergency vehicles would exit the site via • the southern driveway on SR 9. With this pattern., the pedestrian issues described above would not be of concern because drivers of entering vehicles would have a cleat view of pedestrians crossing the driveway. Even with the improvements proposed on Exhibit B', fire engines would be able to enter fmm Saratoga Avenue without encmaehing into the opposing travel lane. To implement this alternate circulation plan, the oxisting one-way circulation for the Post Office driveway would have to be reversed, which would require all traffic from the fire station, sheriff s station, and Post Office to exit the site via the driveway north of the Contempo building. This would require drivers of vehicles parking the angled spaces north of Contempo, to perform and amultiple-point turn to turn their vehicles around and exit the site. All of the alternate circulation plane could be implemented without resulting sight distance problems, vehicle fuming restrictions or other physical circulation issues. However, the following traffic operations issues regazding exit maneuvers on SR 9 should be noted: " • With the existing Saratoga Avenue driveway, 62 percent of response calls required emergency vehicles to travel through the adjacent signalized intersection according to 600 year-to-date apparatus responses in 2001. Driveway access on SR 9 would require emergency vehicles responding to 88 percent of all calls to pass through the traflxc signal. • 3 o~~~~~ q abed •`WdBZ~ti ZO-6Z-6ntl •`LLL4 BLZ 80ti aa~etoossy s~aad ~ .tyad atg lu • The combined two-way traffic volume in front of the SR 9 fire station driveway is 47 percent and 55 percent higher than the volume in front of the existing Saratoga Avenue driveway doting the AM and P.M peak hours respectively. As noted above, northbound queuing on SR 9 o$cn extends south of Oak Street during the AM peak hour. . • For the SR 9 driveway, it is assumed that the existing signal pre-emption could be modified such that all signals. tom red to clear northbound vehicles on SR 9 during an. emergency response. However, this would require at Least 32 vehicles in two lanes to move out of the way, as opposed to 8 vehicles in two lanes near the existing Saratoga Avenue driveway. • Observed travel speeds are higher on the northbound section of SR 9 as compared to westbound Saratoga Avenue because of the change in character of the roadway and the downhill grade towards the traffic signal at Saratoga Avenue. Northbound vehicles on SR 9 are traveling at 35 miles per hour or more as they approach the alternate site driveway. Drivers of westbound vehicles on Saratoga Avenue tend to slow as they approach Big Basin Way and the Village area. T'he higher speeds would make stopping traffic oa SR 9 rnore difficult if pull-through access is not provided at the altetnate fire station site. In summary, the proposed circulation plan for the temporary fire station (with the exit on Saratoga Avenue} is preferred because of lower overall traffic volumes, shorter queues to clear at-the signal, lower travel speeds on the roadway in front of the fine station, and fewer emergency vehicles that must travel through the traffic signal. L~ 4 00008 Zt/g abed :Wd6Z~4 ZO-6Z-6ctl :LtLt BLZ B04 aa~etoosstl suaad g ,~yaj ;/(g }u, a~~ a y !•4 \~ tl y a z .~ o 9 ~ ~ U ~ W a ~ ~ a ~ ~ ~ Q a z 0 a 3 ~' e 000039 Z4l9 abed •`Wd6Z:4 ZO-6Z-6etl :LILt BLZ 804 `sa~etoosstl s~aad ~ ,~yad :/~g due ~~ m v d a f- `J ~~ 5 ~' ~ g n N ~1 c N 0 1,C ~ , U ppC vy Ln t Z 40440 Z4/L abed :WdOE~b ZO-6Z-6~tl •`LLL~ 8LZ BOb `.se~eFoossy s,aaad +p ,~yad a~g ~u~ ~~ ti • "a m _$ h i R n m 3 v 0 h tJ ~' m d v m .~ a c 0 _w 'a z 'L 0 Q U O O Q 0 W 0' d LL :C a_ 000041. Y a ZL/g abed :Wd0E:4 ZO-6Z-eny `•L4L~ BLZ 804 :sa}etoossy s,~aad g ,rya l~ u d : 9 3 y ~~ 4 ~~ 3 w 0 a y V .~ O O h m C O R L f6 81KE ~'~Wy G.. R eZ Zl/6 abed 9NN1 one `Wd0E:9 ZO-6Z-6ny .~ Z 0 U Q U as J Q U i O 4 Q c .E ~ O .s.+ 9 ~ ~ Q v a ~ s ~ ° a ~ ~ i ~ ~ Z w ~' a~ Z '. 4 000042 •`LtLI HLZ 804 aa~eioossy s~aad +g .Iyaj a(g ;u~ ~~ ~.~ rr, F ~9b y ~; v uo 0 h ZL/Ol abed EWd~B~V 20~62.6ntl °GILt BLZ 80b T I g a O c ~ ffi ~ ~ U m ~ a m Z ~ w ,. ~ ~ u7 0. 000~~3 :saleSoosstl s.~aad '8 .~4ad :1~9 1u° a~t~. i 0 e a y ~' N 0.. z ~' O g m ~ m U S W r W D z w o J ~ Q .~ c $ ~ .~ ~ s z v v a 00034 Zl/<< abed ~WdLE~~ ZO-6Z-6~tl •`LLLI gLZ 80ti :sa~etoosstl s~aad g Dyad :~Sg ~u ~,~. ~y a c: ~~ m y 4., d 0 y ~I Z 0~.. Z d~ ,~ O ~ g ~ ~ m U s w r ~ N Q ~ Z ~ W 3 a c 8 ~ a+ Z QF00~~5 .Q Zl/Z~ abed :WdZE~4 ZO-6Z-6ny •:LLLL 8LZ g04 aa~eioossy suaad g ~yag :Rg ~u; THIS PAGE HAS BEEN ~J INTENTIONALLY LEFT BLANK OOQ~~~6 • Draft Report Saratoga Fire Station Project Traffic Assessment Prepared for: Saratoga Fire District Prepared by: Korve p Engineering 1570 The Alameda, Suite 222 San Jose, CA 95126 September 18, 2002 n-.. n n,~.~-~ 000047 Dralffjeport Saratoga Fin;Station Project TraNic Assessment i Table of Contents INTRODUGTION ....................................................................................................................... 1 EXISTING CONDITIONS ........................................................................................................... 1 Existing Traffic Volumes ......................................................................................................... 1 Future Traffic Volumes .........................................................................:................................. 3 Existing Parking ...................................................................................................................... 3 Future Parking ........................................................................................................................ 7 CIRCULATION ........................................................................................................................... 7 COMPARABLE FIRE STATION PARKING ...............................................................................13 CONCLUSIONS ........................................................................................................................14 List of Figures Figure 1 Existing Traffic Volumes ........................................................................................... 2 Figure 2 Future Traffic Volumes ............................................................................................. 4 Figure 3 Parking Areas ........................................................................................................... 5 Figure 4 Phase 1 -Interim Project Signage and Striping ........................................................ 9 Figure 5 Phase III -Complete Project Signage and Striping ................................................10 List of Tables M1 Table 1 Volume Summary ..................................................................................................... 3 Table 2 Parking Occupancy ................................................................................................. 6 Appendix (Fire Stations with comparable parking) San Mateo Fire Station No.26 Montecito Fire Station No.2 Brea Fire Station No.2 San Mateo Fire Station No.21 Korve Engineering, Inc. i September ~ V~'J~8 Draft Report Saratoga Fire Station ct 7raftic Assessment a INTRODUCTION The existing conditions at the Saratoga Fire Station and Post Office site consist of a combination of poorly designed circulation and parking that does not represent an ideal environment for automobile access, parking, fire station access, or pedestrian movements. Access and circulation will be improved with the redevelopment of the site and the reconfiguration of access. The purpose of this traffic engineering assessment is to consider the existing conditions, evaluate an initial construction phase to determine if improvements should be made to resolve any existing shortcomings, and finally evaluate the final completed project condition and determine if the ultimate project provides an improvement to all access modes, including automobiles, service vehicles, fire trucks, and pedestrians. The primary focus will be on safety issues associated with the design. EXISTING CONDITIONS Existing Traffic Volumes While traffic to most facilities has pronounced peaks in the AM and PM peak hours that roughly correspond with the peak of adjacent street traffic, traffic to the Post Office/Sheriff's Office/Fire Station is more consistent throughout the course of the day. Existing traffic counts were conducted on September 4 and 5, 2002. These counts were undertaken to understand the level of activity that currently occurs at the facility. Figure 1 illustrates the existing traffic volumes. The inbound and outbound movements are identified by the letters A through F. The traffic volumes noted on Figure 1 are hourly totals for five hours of the day. Two hourly counts were collected in the morning (7:30 am to 8:30 am and again from 10:00 am to 11:00 am), one during the noon hour (12:00 pm to 1:00 pm), and another two in the afternoon (2:30 pm to 3:30 pm and 4:30 pm to 5:30 pm). The land uses of the site are expected to remain the same as today with .the reconstruction. Therefore, the traffic volumes are not expected to change. However, because of the access reconfiguration, the volume movements at any one location will change. Table 1 summarizes the existing traffic volumes by hour and for the total five hours that were' surveyed. The traffic volumes are fairly modest in the morning with approximately 50 vehicles either entering or exiting the area during each hour surveyed. At noontime and through the remainder of the afternoon the traffic volumes are double what were observed in the morning. The volumes at noon and during the traditional PM peak hour from 4:30 pm to 5:30 pm were slightly over 100 vehicles per hour. Engineering, Inc. 1 September 18, 2002 000049 Draft Report Saratoga Fire'Station Existing Conddions • Figure 1 Existing Traffic Volumes ti cry w J 1 U Q C~ Z X u! w Korve Encineerinc. Inc. Drag Repcrt Saratoga Fire Station ct Traffic Assessment Table 1 Volume Summary Driveway Movement Direction 7:30 - 8:30 10:00- 11:00 12:00- 1:00 2:30- 3:30 4:30- 5:30 Total A Outbound 5 5 8 4 10 32 B Inbound 19 21 54 30 41 165 C Outbound 14 15 40 40 24 133 D Outbound 11 0 0 8 6 25 E Inbound 0 8 8 0 24 40 F Outbound 0 1 0 0 3 4 Totallnbound 19 29 62 30 65 205 Total Outbound 30 21 48 52 43 194 Total Hourly 49 50 110 82 108 399 For the total 5 hours surveyed, the inbound and outbound traffic was fairly balanced. A total of 205 inbound vehicles were observed and a total of 194 outbound vehicles. The total traffic of 400 vehicles over five hours represents 80 vehicles per hour on average, approximately 40 vehicles in and 40 vehicles out. i Future Traffic Volumes Figure 2 shows the expected traffic volumes with the reconstruction of the fire station and the change in overall access and circulation. The inbound movements from Saratoga Avenue are expected to slightly decrease with the reconfiguration. The traffic using Saratoga/Los Gatos Road will increase with the reconfiguration, mainly because this will be the only exit for the entire site. The shift in traffic volumes will not cause traffic congestion at any of the driveways or intersections in the immediate area. In concurrence with the previous study conducted by the city, the existing conditions at the adjacent intersections will not be affected by the project. The ,araffic volumes are not large enough to cause access, queuing, or congestion problems. Existing Parking Currently, there are 69 parking stalls distributed throughout the site. This total includes 8 stalls at the rear of the Contempo Realty property that were observed to be used throughout the day. Out of the total 69 stalls, 36 are designated for sheriff parking, five stalls are marked for 15- minute parking for high turnover public use, and the remaining 28 stalls are not marked with any restrictions. Figure 3 illustrates the parking areas located on the site. The Iette[ references on Figure 3 correspond to the parking areas noted on Table 2. Parking occupancy was observed at five times throughout the day as noted on Table 2. The occupancy was observed to be between Korve Engineering, Inc. 3 September 18.2002 DraH Report i Firit Station a Conditions Figure 2 E c c c c° d~ ~C J 1` ;h ,novc~i C Korve Engineering, N CW J 1 U Q F- W u_ N W Ll. 9 ff'IiQ~J~ Future Traffic Volumes Draft Report Saratoga FireStation Existing Conditions Figure 3 Parking Areas ` / / Q ,.. ( ,: U ~- a- o _ O ~ ~V 6/ Sa(/ 1 ~l / b / H 8 g~~ ~~ a f` 3 Q W ,Q V Z Y M w Korve Engineering, Inc. 5 September 9, 2002 000053 a 0 ~~~~/~ r G C O O y N Q ~ N p ~ b ~ ~ Q O N ~ N ~ ~ is T U C A a 3 v U O O1 C Y r R a N d F O V ~ m to CD { N N C7 CO ~ d' V m O C A a=~ -- --= ,' r W a [O ~ (7 ~ M ~ ~ V ~ Ch ' W ~ a' OD N n r ! I N ~ V i N Q r o pp N M ' c0 ~ ' ~ CO ~ M ~ V' o r N n U o O; O O ~` a N d i C .` i ~ ~ N d ~ - N C v j d7 NI C N G' d C L! L (AtA I tq j r ~ O Z i L (A I O O~ O ~.ZZZ ~ m G m 4 r I r M W a ~ In I c0 N~ c0 l a l a0 ~ 'O U N Ci ~ C l0 1 Y N O. .aQ Q 0~ U O W LL;G7;= o C v a t- ~ c i O pN O a ti Q00~54 Drag Report Saratoga Fire•Station ct TraNic Assessment • 67% and 84% throughout the day. The maximum 84% occupancy occurred during the mid- afternoon. The parking occupancy figures include four vehicles that were parked in unmarked stalls, These spaces were immediately behind the fire station, behind the post office, and along the eastern access roadway between the project and the church. The adjacent church parking lot was also observed to be used by persons wishing to access the site. The parking data in Table 2 separates the handicap parking from the other parking. The handicap parking had fairly high use throughdut the day, and was 100% occupied at the observation time immediately after noon, Other areas with fairly high parking use were the spaces on Saratoga Avenue in front of the Post Office, the sheriff's parking in Lot B immediately behind the Post Office, the area noted as Lot G in front of the Contempo Realty building, and the area noted as Lot H immediately behind the Contempo Realty building. Future Parking The future parking conditions are expected to remain similar to existing. As designed, the proposed project will have 46 parking spaces, in addition to the unchanged number of the Post Office parking. Of the 46 spaces, 18 spaces will be dedicated to the Fire Station, 10 spaces will be dedicated as public use and 18 spaces will be part of the property sold to the church. Of the 18 spaces sold to the church, 6 will be marked as shared with the Fire Station. Based on current demand, these spaces will adequately serve the project. 7o accommodate peak parking demand, the project has made arrangements with the adjacent church to use a portion of their existing lot for both the temporary layout during construction and the final project. Peak demand for the fire station/post office/sheriff's office do not coincide with peak parking demand at the church. CIRCULATION The project will be developed in two stages. The first stage is the interim stage where a M1 temporary fire station will be constructed in the area currently occupied by the Contempo Realty building. Once the temporary fire station is built, the existing fire station can be demolished and the permanent fire station built in its place. Figure 4 show the interim condition and Figure 5 the completed project. There are several improvements to circulation that will be achieved with the"' reconfiguration, Some of these improvements will occur with the interim project and some will not occur until the final completed project, as noted below. The following is a summary of the proposed improvements. The existing inbound George Whalen Way located between the fire station and the Post Office is a narrow opening located near the Saratoga Avenue/Saratoga-Los Gatos Road intersection. A high speed right turn is possible from northbound Saratoga-Los Korve Engineering, Inc. 7 September 18, 2002 ~~~~.~s Draft Report Saratoga Fire Station Project Traffic Assessment Gatos Road to eastbound Saratoga Avenue with the current design. Also, the narrowness of the roadway and the parking maneuvers that currently take place along this roadway can cause queuing back onto Saratoga Avenue. With the new design, this access point will be eliminated and the radius of the right turn tightened to slow turning traffic. The access point will be removed as part of the interim project. and will not be replaced. The improvement to the northbound right turn from Highway 9 will not occur until the completed project. These two changes will eliminate vehicles turning into this driveway while other vehicles are turning right from Saratoga-Los Gatos Road at a fairly high rate of speed, just a short distance away, with limited sight distance. The current situation is exacerbated when several vehicles turn into the driveway in succession causing a queue of cars. This opening is noted on Figure 4, but it will be permanently closed as noted in Figure 5. • An interim fire station will be constructed on the Contempo Realty site while demolition of the current site occurs. .Figure 4 notes this interim cohdition. The proposed circulation is to enter from Saratoga-Los Gatos Road (Highway 9) and exit onto Saratoga Avenue via the driveway located east of the Post Office. The fire truck movements as proposed were tested in the field and these movements can occur without encroachment into opposing travel lanes. This interim condition is an improvement over existing conditions because the driveway east of the Post Office is approximately 80 feet farther from the Highway 9 intersection, improving sight distance and reducing the likelihood that queues from the intersection would be blocking the driveway. Also, as noted below, pedestrian improvements at the corner of the Post Office, which are part of the interim improvements, will improve pedestrian visibility to drivers exiting at this driveway. The inbound movements to the interim fire station would occur from Highway 9. It is preferable to have inbound movements occur from the more heavier traveled roadway and outbound movements onto the lesser traveled roadway. N Korve Engineering, Inc. 8 September 18, 2002 +r~~ QQQ V ~E Draft Report Saratoga Fire Station Existing Conditions L_J Figure 4 Phase 1 -Interim Project Signage and Striping L Z t-- Z Q w Q Z 1-- U w O a w Z w •~ .1 ^~ l.L t. t... Korve Engineering, Inc. 9 September 9, 2002 QOQ~~i Drat Report i Frm Station J Figure 5 Phase III -Complete Project Signage and Striping '~ O O N t o`¢ C Z 1- 0 Z Q w C~ Q Z N t- U w --> 0 o.. w F- w J L O U w N Q rL w Korve Engineering, Inc. f0 September9, 2(0~0[2~ C ©n~~CB Drat Report Saratoga Fire Station ct Traffic Assessment • Pedestrians desiring to cross Saratoga-Los Gatos Road from in front of the fire station must currently cross the high speed right turn lane noted above to reach the refuge island where the pedestrian push button is located. Pedestrians in this area are vulnerable because they do not have signal protection while crossing this area, right turns are being made at a higher rate of speed, and the location of the fire station building at the corner limits visibility of the pedestrians by motorists. The complete project will widen the sidewalk in front of the fire station, move the pedestrian push button onto the sidewalk, and tighten the corner radius to slow the speed of turning vehicles. This is a major improvement to pedestrian safety. • The turning volume for right turns from northbound Saratoga-Los Gatos Road is 48 vehicles per hour in the AM peak and 116 vehicles per hour in the PM peak. Currently, the right turns are made from the same lane as the. through movements to Saratoga- . Sunnyvale Road. With one or two vehicle waiting to travel through the intersection, right turns on red cannot occur. The reconstruction of the fire station for the completed project will enable a separate right turn lane to be constructed on the northbound approach to the intersection. This lane will increase the traffic capacity of the intersection and reduce congestion and delay. This right turn lane is noted on Figure 5. The driveway at the eastern edge of the Post Office is currently for outbound movements only onto Saratoga Avenue. Furthermore, exiting drivers cannot readily see pedestrian walking in-front of the post office and crossing this driveway. For the interim project, this circulation pattern will be maintained with exits occurring at this location onto Saratoga Avenue. Additionally, as noted above, fire trucks will use this exit during the interim condition. To improve the visibility of pedestrians, the sidewalk will be "bulbed-out" at the driveway to improve visibility. For the ultimate construction, the circulation pattern will be reversed and this will be an inbound driveway which will M1 totally eliminate any current pedestrian visibility problems. The improvements are noted in Figure 4 for the interim condition and Figure 5 for the complete project. • The driveway at the east edge of the Post Office has one-way circulation northbound , today and this will be maintained with the interim condition. However, with the ultimate condition, this circulation will be reversed to one-way southbound. When this change in circulation occurs, there may be some confusion for the local drivers, particularly at the south end where drivers may attempt to exit Highway 9 and travel north on this roadway as they do today. Figure 5 notes a Do Not Enter sign to be permanently placed at this location to discourage this movement. In addition, temporary Do Not n ~~9 Draft Report Saratoga FireStation ct Traffrc Assessment Enter signs may also need to be placed in the roadway aisle until the local residents get used to-the change in circulation. • Two closely spaced driveways are located behind the existing fire station accessing Saratoga-Los Gatos Road. One is the one-way outbound driveway between the fire station and the Post Office and the other is for inbound and outbound access to the sheriff's parking. The first driveway will be removed as part of the project. This modification will improve traffic movements and pedestrian flow in the area. As noted on Figure 5 this driveway is eliminated. • With the closure of the George Whale Way between the Post Office and the fire station, the mail drop box will need to be relocated. The interim location is noted on Figure 4 on the west side of the circulation roadway across from Contempo Realty. Because the circulation on this roadway will be reversed for the completed project condition, the permanent location will be on the opposite side of the roadway about midway between Saratoga Avenue and Highway 9, noted on Figure 5. A queuing area is noted on Figure 5 to allow vehicles dropping off mail to pull out of the through traffic lanes. This queuing area is a significant improvement over existing conditions. • The location of the interim and permanent mail drop box is an improvement over the existing location. As noted above, queues onto Saratoga Avenue can occur at George Whalen Way. These queues and turning traffic near the Highway 9 intersection will be eliminated in the interim and remain so with the complete project. Also, eliminated are the egress movements onto Highway 9 behind the existing fire station. The interim location of the mail drop box will require access for both left and right turns from Highway 9. However, the traffic volumes are less than one vehicle per minute during the noon peak and generally less than one movement every two minutes for the remainder of the day. The egress onto Saratoga Avenue for the interim mail drop box is located sufficient distance from the Highway 9 intersection and pedestrian h improvements are made at the sidewalk to maintain safety for the temporary condition. The permanent drop box will have circulation patterns similar to today, however, with two key improvements. First, the access intersection from Saratoga Avenue will be located farther from the Highway 9 intersection than the current condition improving, sight distance to the intersection. Also, the drop box will be located farther from Saratoga Avenue and will have a separate queuing area that will eliminate the queues onto Saratoga Avenue that currently occur. Second, the egress movement onto Highway 9 will not be located immediately adjacent to another driveway as currently occurs. Both of these improvements will make the permanent drop box location and access significantly better that the current location and access. Korve Engineering, Inc. 12 September 18, 2002 ~~Q~~~ Draft Report Saratoga Fire Station ct Traffic Assessment • Construction access will be required to demolish the existing fire station and build the replacement building. The existing circulation roadway between the existing fire station and the post office could serve as construction access. Figure 4 shows this concept. The access to Saratoga -Los Gatos Road would be restricted to right turns only, just as it is today. Figure 5 shows these two access points closed with the completed project. A construction staging area will be established in the park behind the existing fire station for the demolition of the current facility. For the construction of the new facility, a second staging area will be located on the proposed apron area in front of the new facility. Figures 4 and 5 also illustrate several One Way signs, Directional Arrow pavement markings, Do Not Enter signs and Keep Clear pavement markings for the interim and for the completed project. These signs and markings will control traffic in and around the project site to enhance safety for general automobile traffic and for fire truck ingress and egress. • Figure 5 shows a large paved plaza area in front of the new fire station. Fire trucks will be able to drive directly onto this plaza and then back into the station without protruding onto Saratoga Avenue. This improvement will reduce significantly the time that they currently block traffic on Saratoga Avenue and through the Saratoga Avenue/Saratoga - Los Gatos Road intersection to re-enter the station. COMPARABLE FIRE STATION PARKING The parking demands of a fire station are generated by the number of companies serving the station, the number of administrative staff and the number of public visiting the station. A company consists of 2 to 4 personnel on each piece of apparatus. Parking to accommodate the increased demand during the shift change is based on individual department procedures. Each fire station is also required to accommodate accessible public parking. The appendix provides examples of recently constructed fire stations and the parking demands relative to the number of companies assigned. San Mateo Fire Station No. 26 is a one company station served by 4 personnel and provides 4 fire fighter parking spaces. The Station shares access to a public,' accessible space and other public parking for use during shift change. Montecito Fire Station No. 2 is a two company station served by 5 personnel that provides 7 fire fighter parking spaces and one accessible public space. The site has been designed to utilize tandem parking during shift change to accommodate the movement of vehicles during this operation. Brea Fire Station No. 2 is a two company station with accommodations for a B.C. Officer and is served by 8 . personnel. It also has a community room that is available for use by the public. It provides 14 firefighter parking spaces, 2 B.C. Officer spaces and 6 public parking spaces which includes an Korve Engineering, Inc. 13 September 18, 2002 /~ UOL ~~1 Dralt Report Saratoga Fire Station Project TraNic Assessment • accessible space. San Mateo Fire Station No. 21 is a two company station that provides 8 firefighter parking spaces and shares access to a public on street accessible space and other on street public parking for use during shift change. These current examples illustrate how the proposed two company station project, meets the standard parking demands and accommodates the more stringent parking policy during shift change. CONCLUSIONS The reconstruction of the existing Saratoga Fire Station will result in several improvements to pedestrian and vehicular circulation and safety. Along Saratoga Avenue the inbound access point at George Whalen Way will be eliminated and shifted to the west side. This change provides additional spacing from the Saratoga Avenue/Saratoga -Los Gatos Road intersection. A northbound right turn lane will be added to Saratoga -Los Gatos Road at the Saratoga Avenue intersection. This modification will improve capacity of the intersection and will slow traffic turning onto Saratoga Avenue. The sidewalk in front of the fire station will be widened and the signal pole will be placed on the sidewalk. The widening will improve pedestrian visibility to motorists and the relocation of the signal pole will allow pedestrians to actuate the pedestrian crossing signal without first crossing traffic lanes. As part of the pedestrian improvements in front of the fire station, a plaza area will be constructed. This area will allow fire trucks to pull directly off Saratoga Avenue prior to backing into the station. This will greatly reduce the blocking of traffic on Saratoga Avenue and through the Saratoga Avenue/Saratoga -Los Gatos Road intersection. Pedestrian improvements will also be made at the northwest corner of the post office to align the crossing directly across the driveway. This modification will improve pedestrian visibility during the interim condition. For the completed project, the circulation of this driveway will be reversed and vehicles turning from Saratoga Avenue into this driveway will have sufficient visibility of pedestrians in front of the post office. One existing driveway will be eliminated from Saratoga -Los Gatos Road. This driveway which currently only allows for right turns will improve traffic movements and will also eliminate a vehicular crossing of the sidewalk. The mail drop box will be located farther away from Saratoga Avenue than is currently the case, and a queuing area for cars dropping off mail provided. These modifications will eliminate queuing back onto Saratoga Avenue. Korve Engineering, Inc. 14 September 18, 2002 000~6ti ~ i ~ ~~ ~ ~ ~. i I ~ i I - - - o ~ I U ~ _o O I ~ .a 3 I ~ d I - - - - - --~ I ,~wY- .-r` I ~ I I I a I ^ ~ I I ~ ' ~ ~ I coo °o I o ~ I O I U I I r I ~ •9 I I I I I i I'I I II I I I I CV I ° ~ z I II o ~ I I ~ .M1 I I ' ~ a.~ I I °' I ~ I I U ~ I n- Q. LL I _ .V ~ ~L- --- -- - - -- J N ~ - -- - ~ ~ '^ ~ '^ ....... ~ ............... - O a ~ ~ ~ ~ ~ . 000054 0 O 'CJ I ` I !ZJ ~ Q c Y a H LL ~ ~ ~ r ~~ ~\~ ~~~ Y i c6 _U 7 a t ~ t ~ in N ,~ c ~ w--.- U [6 0 C _O ~ 'r O .~.:-..~ Cn (6 (/j ~ ~ V C7 o~.. U '_ ~0]^ U 3 N ~- ~„~ ~~ ~a~o~ ~~ ~~y~o ~~~ yl° ~0 N • N ° , z 0 ~ a L O ._ ~ ~ . (~ ~ 00065 ~ a m ~ Y d ~ ~ ~~ U ~ 7 d 1 *y ~.. .`-f i / "'"~t~-ice ~ -~,__c sti: v ~ ~ ~ z ~ ~~ -~~•-•nrl an ar _ r. s~ ~~-~ ~ ~ ~~ u 3 ~ 9-.It ~~ C_:.. i .; .. _.. ~... RS ..,...._. _..._.... Q- - ~-•- :~ LL~ it 3 LL L~ C O ~` T ~ ~n m ~ Q ~- O T U N ~~i ! Iyl y\ £ -G ~, m~~T ;' Y ~ ~ ~ i p I! ~ C LL N yY Q ~' .1 I _~ ... i z ~ ~ :. ;.i ~~ ~~_ .. ~; 'i! ~ _ -__ i i J ~~ 1 I~O ~ r E~ ~ Y ~I J s ~. ~ ~ ~:l ~~ ~ I . k i, I . W 0 " .\ ~n z n G 1 N S~iE OtE~_ i 1 S (~~_ "0'U~ O z ^~ W L LL N O~ ^l c~ W L r~ a V I ooooss Attachment 4 RR:~I DESIGN GiZOJP tinaf/,~,; ~,ar m.rrzir.e%: %?srN/<,.=rt~c~ September 3, 2002 State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 Re: State Clearing House # 2002082090 Gentlemen: The Saratoga Fire District is hereby submitting IS copies of a Recirculation of the Draft Initial Study with New Information, and Mitigated Negative Declazation for Saratoga Fire District Headquarters Fire Station, Saratoga, California. The original was submitted to the State Clearinghouse on August 23, 2002. New information became available, and comments from the City were received which necessitated this Addendum. This package includes the Initial Study excerpts which focuses on the relevant environmental infotmation . affected by the new information, Mitigations Summary, a Notice of Completion, a Negative Declazation, and the original Initial Sttidy /Negative Declazation package submittal of August 23, 2002. Sincerely, C _~ RRM DESIGN GROUP Dierdre Callaway Planner ~ c/a98034\env\gddendumCoverLetter • ument Transmittal Form for Addendum to: State Clearinghouse, 1400 Tenth Street, Sacramento. CA 95814 916!445-0613 SCH # Project Title Saratoga Fire Station - ' °°`°°" Lead Agency: Saratoga Fire District Contact Person: Asst Chief Gordon Duncan Street Address: 14380 Sara[oea Avenue City: Samtoca County: Santa Clara Zip: 95070 Phone: (408) 867-9001 Project Location 14380 Saratoga Avenue & 20473 Los Gatos Samroza Road (County: Santa Clara City/Community: Samroca ~I Assessor's Parcel No. 397-22-017,0[9 Section: _ Twp._ Range: ~Lross Streets: Saratoga Ave., Los Gatos Saratoga Road For Rural, Nearest Community: Within 2 Miles: Stale Hwy p: State Route 9 Airports: N/A Railways: N/A Waterways: Samtoza Creek Document Type CEQA ^ NOP ^ SupplemenUSubsequent EIR NEPA: ^ NOI Other: ^ Joint Document ^ Early Cons (prior SCH No.) ^ FONSI ^ Final Document ^ Neg Dec ^ NOE ^ Draft EIS ^ Other - ^ Draft EIR ^ NOC ^ EA ^ NOD Local Action Type ^ General Plan Update - ^ Specific Plan ^ Rezone ^ Annexation ^ General Plan Element ^ Master Plan ^ Prezone ^ Redevelopment ^ Geneml Plan Amendment ^ Planned Unit Development ^ Use Permit ^ Coastal Permit ^ Community Plan ^ Site Plan ^land Division (Subdivision, etc.) ^ Other Development Type ^ Residential: Units _Acres _ ^ Office: Sgfr. _ Acres _ Employees ^ Commercial: Sq.fr. _ Acres _ Employees ^ Industrial: Sgfr. _ Acres _ Employees _ ^ Water Facilities: MGD ^ Transportation : Type ^ Mining: Mineral ^ Power: Type Warts ^ Waste Treatment. Type ^ OCS Related ^ Other: Public Facility Total Acres 35,484 SQ FT (.8 acres) Total Jobs Created N/A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project Issues Discussed in Document ^ Aesthetic/Visual ^ Floodplain/Flooding ^ Agriculmml land ^ Forest Land/Fire Hazard ^ Air Quality ^ GeologicfSeismic ^ Archeological/Historical ^ Minerals ^ Coastal Zone ^ Noise ^ Drainage/Absorption ^ Population/Housing Balance ^ ECW1pmiC/Jobs ^ Public Services/Facilities ^ Fiscal ^ Recreation/Parks ^ Schools/Universities ^ Septic Systems ^ Sewer Capacity ^ Soil ErosioNCompaction/Grading ^ Solid Waste ^ Toxic Hazardous ^ Traffic/Circulation ^ Vegetation - ^ Water Quality ^ Water Supply/Groundwater ^ Wetland/Riparian ^ Wildlife ^ Growth Inducing ^ (.and Use ^ Cumulative Effects ^Other tding (approx.) Federal $ State $ Total $ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - sent Land Use and Zoning Professional-Administrative - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project Description: The project is a continuation of an existing use within the Professional Administrative (P-A) zone. Tht Saratoga Fire District is requesting a Temporary Use Permit, Set-back modification, Design Review, Alley Vacation, Conditional Use Permit and a Lot Line Adjustment. The project includes demolition of two existing buildings; the 7,690 s.f. existing Fire Station, and the 4,000 s.f. "Contempo" office building south of the Fite Station at 20473 Saratoga-Los Gatos Road, installation of a temporary fire station, and construction of a new Saratoga Fire District Headquarters Fire Station at 14380 Saratoga Avenue. The total site area of the two lots is 35,484 square feet. The total number of employees is 20; 8 firefighters and 4 administrative staff, and 8shift-change firefighters. The Project will be implemented in three phases [tore of Lead Agency Representative ~ y { K? Clearinghouu will assign identification numbers for all new fill it in. protect (e.g. previous draft RECIRCULATION of Draft Environmental Document Initial Study and Negative Declaration for Saratoga Fire District Headquarters Fire Station S~tember 3, 2002 State Clcarin~ House #2002082090 Original Submittal August 23, 2002 Project Location The project is located at the Southeast comer of the intersection of Saratoga Avenue and Saratoga -Los Gatos Road (also designated as SR 9) in the town of Saratoga, California. Address: 14380 & 20473 Saratoga-Los Gatos Road. Project Description "The project is a continuation of an existing use within the Professional Administrative (P-A) zone. The Saratoga Fire District is requesting a Temporary Use Permit, Set-back modification, Design Review, Alley Vacation, Conditional Use Permit and a Lot Line Adjustment. The project includes demolition of two existing buildings; the 7,690 s.f. existing Fire Station, and the 4,000 s.f. "Contempo" office building south of the Fire Station at 20473 Saratoga-Los Gatos Road, and construction of a new Saratoga Fire Department Headquarters Fire Station at 14380 Saratoga Avenue. The total site area of the two lots is 35,484 square feet. The total number of employees is ?028; X16 firefighters and 4 administrative staff, and 8shift-change firefighters. There will be a total of 12 emplo ees on site at any one [inm, except durin~* shift-chanue (for ono hour) when there will be a total of 20. The Project will be implemented in three phases as follows. Phase I This initial phase will be the demolition of the existing Contempo office building located at 20473 Saratoga-Los Gatos Road (Hwy 9), and the installation a temporary Fire Station (which requires a Temporary Use Permit and Setback V~ia+teVariation) in two modular buildings. The temporary fire station will have 17 temporary parking spaces, including fire apparatus parking with a temporary cuclosnre. Additional personnel parking will be provided via an agreement with the City to use 7 spaces offsite. A second existing alley bisects the entire block and is currently used as access to the post office and existing Contempo building. This second alley is not proposed to be vacated and will continue to provide access for the temporary fire station and post office. Thy amine-qtr trppztratn~-The alley has aone-way travel direction which tlows to~~<ud Saratova Avenue, which will be used as the Post Office corner on the alley. The Veterans Memorial Plaza and Monument adjacent to the existing fire station on Hwy. 9 will be protected in place during construction. Phase II The existing fire station will be demolished. The northernmost driveway (of the three driveways on Hwy. 9) will be closed permanently in Phase II. Existing olive trees adjacent to the old fire building will be removed, boxed and relocated in Phase III. An esistine maonolia tree will he saved and relocated in Phase III. Any trees that are not deemed suitable to be saved by the City Arborist will be replaced by the applicant. The Memorial Plaza property will be transferred from the Cih of Saratoga to the District The Plaza will be demolished and the Monument, a State lj~ted historic structure, relocated by the District to its previous historically documented original location in Blaney Plaza on .Hwy 9 across the street from the fire station. The Cih~ will he responsible for desien and improvement of the Blaney Plaza and will he reviewed under a separate application. ®O~D969 The project will require an abandonment by the City of the alley currently located behind 6he existing fire station and adjacent to the Post Office. This alley is currently used by the fire district personnel for parking and access to the rear of the fire station and patrons of the Post Office for post drop-off and five parking spaces accessed from the alley. The post drop-off will be relocated during demolition to a temporar}_location acceptable to the Post Office during constrnctirnt, and the 5 parking spaces will be reconfigured ~•"~- °'c,;ar2 to a final location endine Post. Ofi'ice approval in Phase 11I, to be accessible from the Post Office parking lot (subject to agreement by the Post Office). The rear of the new building will be built to the property line in the middle of the former alley. The San Jose Water Company pipeline in the alley will also be abandoned in place. The new Headquarters Fire Station (approx.15,435 s.f.) will be built with a 25' setback from the comer of Saratoga Ave. and a 15' setback from Saratoga Los Gatos Road. A new apron area, three apparatus bays and one ambulance bay will have ingress and egress from Saratoga Road. The apparatus bays will be setback 59' from the curb, the ambulance bay will be set back 40' from the curb. The building will be a two-story reinforced masonry structure with a concrete slab floor at grade and a basement below a portion of the ground floor. The architectural style reflects that of the Federated Church building in the same black inspired by the Julia Morgan vernacular. The materials and design of the facade will fit into the existing character of the neighborhood. A landscaped pedestrian plaza will be located at the corner of Saratoga Avenue and Hwy. 9. There will be a total of 12 employees at the replacement facility, except during shift change (approx. 1 hour) when there will be a total of 20. Fire district personnel will park at the new parking lot (of Phase III), and the existing parking will be shared with the Post Office patrons. Upon completion of the Fire Station the traffic flow from the Post Office will be redirected to exit onto Hwy 9. Saratoga Avenue lane reconfigurations and new corner configuration will be designed by the City. The Fire District will fund the new curb, gutter and sidewalk at the corner of Saratoga and Hwy. 9. These improvements will be installed at the time of new Headquarters improvements. Phase III The temporary modular Fire.Station buildings will be removed from 20473 and this property will be developed as a parking area. It will be provide a total of 4<i4-I parking spaces. Out of these spaces, 18 will be dedicated for fire district use. 10 spaces will be dedicated for public use. The fire district is currently negotiating with the Federated Church for sale of approximately 8,900 s.f. of this property to the Church. The parcel to be sold includes 3-1- 1 R parking spaces and will provide ~•e•*ress to SR 9 from thz church ~ertk Fl~~r9. If a sale transaction is accomplished, it will include an agreement between the Fire District and the church to allow continued use by the District of 6 parking spaces needed to comply with the City's parking requirements of 24 spaces. In this phase the postal drop-off will be relocated on the driveway behind the Post Office. Lead Agency: Saratoga Fire District 14380 Saratoga Avenue, Saratoga, CA 95070 Contact:. Emest Kraule, Fire Chief Environmental Factors Potentially Affected by Addendum: Hydrology/Water Quality, Traffic & Circulation, Aesthetics. ®Q~~~~ ~J ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. WATER. Would the proposal result in: - a) Impacts to ground water quality Discussion ^ ^ ^ ^ 1 i ~-Potential impacts from truck washing that currently drains into storm drains will be mitigated with site improvements which will result in less than significant or no impact. 2) One undersround storme tank (UST) is believed to be under the sidewalk on Saratoga Avenue in front of the existin_ Fire Station. This tank may have had a X00 gallon ca ntcih and may have contained gasoline or waste oil (source: Limited Onsite Offsitc Source Assessment, ?/3/1999). The Fire District believes the UST was renrediated in the ] 9i0's when the existim• fire stttiim was built (Source phone convere~ttion i» r 9/03/00 • • The proposed project will not violate any water quality standards or waste discharge requirements as regulated by the Water District, the Sanitary District, and the City of Saratoga Public Works Department. However, measures will be in place to address the potential short-term impacts of grading and construction activities for the fire station. Mitigations IV.1 Installation of catchments and sewer connections for redirecting gray water into the City sewer system. IV.2 During construction, washing of concrete, paint or equipment shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. A designated area for washing functions shall be identified. IV. ~ The UST site will be verified by the Fire Det?:ulment as a storm>e tank and the soils will be tested for contamination. If contaminants are found, the tank area will be over-etcavated by 21eet •tnd b~ickfilled with) new soil. With this remediation procedure the impacts will be reduced ro 1es, than tiignificant VI. TRANSPORTATION/CIRCULATION. Would the Proposal result in: b) Hazards to safety from desigti features (e.g., sharp curves ^ ^ ^ ^ or dangerous intersections) or incompatible uses (e.g., farm equipment)? DOl~i7~1. ENVIRONMENTAL ISSUES Potentially, (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Discussion $ecause the new Headquarters Fire Station will be set back off the comer of Saratoga Avenue and Saratoga-Los Gatos Road, and will incorporate a traffic signal interrupt, and a new street corner configuration, the visual distances will be improved and right rum traffic will be required to stop thus creating a benefit for an existing dangerous condition. The new Fire Station design incorporates a large apron on the frontage to Saratoga Road which will allow emergency vehicles to back into the facility without stopping traffic oq Saratoga Road. Mitigations VI.1 Setback the new Fire station Facility 25' from curb and the appazatus bay doors 59' from curb on Saratoga Avenue. F.xtcnd the apron to align with the PO~arking on Saratoga Ave. Llse patterned surfacing for the pedestrian sidewalk area next to the apron to keep pedesn~ians away from the apron aria. VI-2 Provide a new striped crossing along Saratoga Road to the median at the Post Office parking area in the front of the Post Office on the west comer. ') Two ~xistim~ crosswalks present unsafe conditions on both sides of the Post Office (PO) on Saratoga Avenue. The •tn«led croetiwalk~ across the alley_driveways make visibility diftictdt for~~edestrians and emery*ency response vehicle 3) The p~r~osed sbuidonment of the existing allev will remove direct access to the side of the Post Office how•evcr. the other remaining dm away will maintain postal personnel access. emergency and other patron access to the Post Office. The closurz of_this allev will reduce traffic safety contlicts by reitucin * the amount of driy_eyv_tr~_e from theite_ onto State Route 9. This will reduce the impact to less than significant. VI-3 The District will move the bus stop 50 to 75 feet North of current location. V1.=1 Install a curb extension on the East corner of the PO and Saratoga .9ve. to create a parallel pedestrian crossing ut the allev. 1 dl _.__ lnsuffir_ient, irking cu ttcity on-tine or c~ff_site`? ^ ^ ~~ ^ --pt - Discussion I) The removal of 5 parking spaces will reduce narkin~• available to Pcist Office titrorisi but this-will Fib ie • temporary condition until the new Headqu:uKer Fire Station is cam~ete, at which time the 5 spaces will be reinstalled. 2) The drop-off boxes wilt he located to a temporary location suitable ro the Post Office during constmctirnt and will be re-locateii in the allev adiacen[ to the Yost Office duriu~~ phase III of the nroiect. XII~. AESTHETICS. Would the Proposal: a) Affect a scenic vista or scenic highway? ^ ^ ~~ ^ Discussion 1) The proposed project will not have any adverse effect on any scenic vistas. a+krted. The tentnorarv buildings will he visible from State Route 9. wfiicl is a tCltlporaty condition and the temporary^buildim+s will be removed upon completion of the new Fire Station (Phase III). The project is compatible with the existing neighborhood, • b) Have a demonstrable negative aesthetic effect? ^ ^ ^ ^ 4 ~0~~~~ ENVIRONMENTAL ISSUES Potentially. (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Discussion 1) The Temporary Firc Station modular huildin~s may not he compatible with the nei,hborhood. Flowever they arc a tmporary condition and necessary in order to re place the fire station and to maintain emergency fire services to the community. ?)The project architectural style is compatible with neighboring buildings on Saratoga and Saratoga-Los Gatos Roads and will have a positive aesthetic impact on the site and the surrounding neighborhood. The architectural style similar to the "Federated Church" inspired by the Julia Motgan vernacul ar and the proposed character and quality of the style will enhance the site and its surroundings. cl Create adverse lieht or elate effects? ^ ^ ^ ^ Discussion The proposed project will not create a significant increase to the existing lighting levels of the existing fire station. Tht proposed exterior lighting to the site and building will be in areas where they are required for safety and operations. Exterior fixtures on the building will provide liuhtino for entrances inchtdin~ apparatus h_t~• door, and three nedesu-ian entries The fixtures will be wall mounted at 6-12 fee[ above eround. The wall mounted Fire Staion sign will be illuminated with ~n up-light Thesc fixtures will not produce Blare onto neighboring,prooertie~ "I•h° p~trkina lot lights XVII. DETERMINATION. On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have X been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. DATE L~ SIGNATURE FIRE CHIEF, SARATOGA FIRE DEPARTMENT DO®073 MITIGATION MEASURES SUMMARY FOR ADDENDUM IV. WATER Description N-1 Installation of catchments and sewer connections for redirecting gray water into the City sewer system. N-2 During constmction, washing of concrete, paint or equipment shall occur only in areas where polluted water. and materials can be contained for subsequent removal from the site. A designated area for washing functions shall be identified. 1V-3 The UST site will be verified by the Fire Department as a storage tank and the soils kill he tested for contamination. If contaminants arc found. the tank area will be over-excavated by 2 feet and b:tckfillcd with new soil. With this remediatian procedure the impacts will he reduced to Icss than sienificant. VI. TRANSPORTATION AND CIRCULATION VI-1 Set the new Fire station Facility back 25' from curb and the apparatus bay doors 59' from curb on Saratoga Avenue. Fxtend the apron m •tlign ~;pith the PO plrkine on S•trato~•t Ave Usepatterned surftcing for the ~cdestrian sidewalkarea next to the apron to keep pedestrians awav from the apron area VI-2 Provide a new striped crossing along Saratoga Road to the median at the Post Office parking area in the front of the Post Office on the west corner. VI-3 The District will move the bus stop 50 to 75 feet North of current location. V1.4 Install a eurb zxtenxion on the East corner of the PO and Sartur_a A~•e. to create a parallel oedestrian crossink at the alley. QO®x'74 NEGATIVE DECLARATION for ADDENDUM Declaration That Environmental Impact Report Not Required For Design Review #O1-006 and Use Permit Oi-002 and TUP-Oi-003 and LL-O1-003 Saratoga Fire District The undersigned, Fire Chief for the Saratoga Fire District, after study and evaluation, has determined and does hereby determine pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the Califomia Administrative Code, and Resolution _of the City of Saratoga, and based on the District's _ independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Project Description: Request for Temporary Use Permit, Conditional Use Permit, Lot Line Arliustment. and Design Review approval to demolish an existing Fire Station and office building and construct a new 15,435 square foot Headquarters Fire Station at 14380 Saratoga Avenue. A Temporary Use Permit and Setback Variance is necessary for the temporary Fire Station to be located at 20473 Saratoga-Los Gatos Road during construction. The site for the proposed fire station is 18,228 square feet, and the site for the temporary building & parking is 17,250 square feet. Both are located within a Professional Administrative (P-A) zone district. Project Location: .14380 Saratoga Avenue -New Fire Station 20473 Saratoga-Sunnyvale Road -Temporary Fire Station Applicant: Saratoga Fire Department Lead Agency: Saratoga Fire District 14380 Saratoga Avenue Saratoga, CA 95070 Reason for Negative Declaration on Addendum: The proposal is not anticipated to cause any substantial adverse impacts on the environment. Although the proposal will modify the existing use of the site, and have minor modification impacts, the attached mitigation measures will insure that the project will not cause significant environmental impacts pursuant to the terms of the Environmental Quality Act. Executed at Saratoga, Califomia, this day ERNEST KRAULE, FIRE CHIEF, SARATOGA FIRE DEPARTMENT Qo4~~'7S i • 'A. ' ~P"~A~ ~.N si~i i ~® °~ ~~ ! .I. ¢ ~a 9~. e ~i 4 e i 9 0 0 ., ~~ z 0 a i Draft Environmental Document Initial Study And Negative Declaration for Saratoga Fire District Saratoga Fire District Headquarters Fire Station Prepared for: Saratoga Fire District 14380 Saratoga Avenue Saratoga, California 95070 .~ Prepared by: RRM Design Group 3765 South Higuera Street, Suite 102 San Luis Obispo, California 93401 .August 21, 2002 i • C~ 08/22/2002 15:20 40130671330 TRIhIA WHITLEY PAGE 02 ice o[ c;ompleuon ants anvtronmental :ument Transmittal Fonts to: State Clearinghouse, 140D Teeth Street, Sarsat0ento, CA 95814 916/445-0613 tsCli ect Title $aratoea Fire Station Agency: Senora Fire Diattiet Coivact Petaoa: Chief Emese Krause Address 14380 5anto¢a Averuie Ciry: ~rata¢a ty: nn Clam, Zip: 95070 Phone: !4081 8ti7-9001 Ptject Location 14380 CanrogaAyr0Up~16,2047L1.os Galt Sa tarosa Rnad Cotttuy: Sawn Ciara Ciry/Commurdry: Sarotn¢ a Aaaeaaor'e Parcel No. 397.22.017,019 Section: _ tWp. _ RaaBe: Cr98a Strata: SaratOSs Ave., IAS Garoa Saratoga Road For Rural, NAUeu Cotamuairy: Wirhbt 2 Miles: Stan Hwy Y: Stain Route 9 Aitporta: N /A Railways: N/A Waterways: Sar±r!+¢± Ct'eek Dot:untgat Typ¢ CEQA d NOP ^ Supplement/Subcetryem SIR NEPA: ^ NOI -Other: O loin[ Dowment - ^ Eazly Cons (prior SCH No.) ^ FONSI ^ Pitpl Doctwreru ^ Neg Dee ^ NOS ^ pnft SIS ^ Odter ^ Draft EIR ^ NOC ^ EA ^ NOD Local Action Type ^ General Plan Update ^ Spaifie Plea ^ Reaoae ^ Attaeutioa ^ General Plan Element ^ Master Plea ^ Pnzone O Redevelopmoat ^ Generei Plan Amendmau ^ Pkmred Unit Development ^Uu Permit ^ Coasal Permit ^ Cornmuniry Plan ^ Sia Plot ^Ia^1 pividoa (Sutafividon, etc.) ^ Otber Developraeat Type O Real(lenflal: t/nitr _i1cn7 _ ^ Mroing: Minemf ^ O%a: Sgfs. _, Rent _ F.tnpfoyeef._ O Power: Type Wom D Corrvrcrcial: 5q,Jt. _ Acts _ F.n•ploytu ~ ^ Waste Treatrneat: Type ^ tnduatrial: Sq.Jt. _ Aeret _ Fiaployeer _ ^ OCS ltetated ^ Water Facilidu: MGD ^ Otbec: Public FaeOiry ^ Ttaasportatioa: Type Total Aces Total Jobs Created N/A Ptttiect issues Discussed in Document ^ AeethedeNiaud ^ FloodplairJFloeding t7 Schoolr/Univenitia ^ Wau:r Qudity ^. Agricultural I.aod ^ Poren LaratlPhe Hanrd ^ Septic Syaxatc ^ Water Supply/Gtamdwamt ^ A'tr Qualiry O GeoloBk/Seismie ^ Setvet Capacid ^ Wedaod/Ripuiao ^ Archeologic.l/Hutorical ^ tvf'merdc ~ ~ Soll EtosionlCampaetiodOradiog ^ Wildlife ^ Coasol Zoe ^ Noiu ^ Solid Waare ~ ^ Growth inducing ^ Drainage/Absotprion O PopulatioNHwsisg Halarce D Toxic Haxardow ^ I.aaf Uw ^ EeonomiclJobc ^ Pub& ServiceslPaciHties • Ttafftc/Citeulation ^ Cwnuladve Effects ^ Fiscal ^ RarattioNPuks ^ Vegeott)on OOdtet - - - - - - - - Fmdiog (approx.) Federal 5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State S - - - - - - - - - - Total S - - - - - - - Prwwt Land Use and Zoaiog ProfessiotuFAdroiniseuite - - - - - - - Project Destaiptioa: The project is a condDUarion of an existing use within the Professional Admiaistra6ve (P-A) mac. The Sazatoga Fire District is requestittg a Temporary Use Permit, Set-back Variance, Drai)ga Review, Alley Vacation, Conditional Use Permit and a Lot Line Adjustment. The project includes demolition of two existing buildings; the 7,690 s.f. existing Fim Station, and the 4,000 s.f. "Conumpo" office building south of the Fire Station at 20493 Saratoga-Los Gaws Road, installation of a temporary fire station, and consuucdoa of a new Saratoga Pine Department Headquarters Fire Station az 14380 Sazatoga Avenue. The total site area of the two lots is 35,484 square feet. The total [[umber of employees la 20; 8 fimfighoexs and 4 administrative staff, and 6shift-change firefi t^ The Project will be ituplemented in three phasrs Ckariaga0utew;U asriga U it k. +.~ Notice of Intent to Adopt a Mitigated Negative Declaration Saratoga Fire District Saratoga Fire Department Headquarters Fire Station Pursuant to Sections 15072 and 15073 of the State CEQA Guidelines, the Sazatoga Fire District hereby gives notice that the Draft Mitigated Negative Declazation (MND) for the Saratoga Fire District Headquarters Fire Station is available for review and comment. Project Location. The project site is located at the Southeast comer of the intersection at Saratoga Avenue and Saratoga-Los Gatos Road (also designated as SR 9) in the town of Saratoga. Project Description. The project is a continuation of an existing use within the Professional Administrative (P-A) zone. The Saratoga Fire District is requesting a Temporary Use Permit, Set-back modification, Design Review, Conditional Use Permit, Alley Vacation, and a Lot Line Adjustment. The project includes demolition of two existing buildings; the 7,690 s.f. existing Fire Station, and the 4,000 s.f. "Contempo" office building south of the Fire Station at 20473 Saratoga-Los Gatos Road, installation of a temporary Fire Station, and construction of a new Saratoga Fire Department Headquarters Fire Station at 14380 Saratoga Avenue. The total site area of the two lots is 35,484 square feet. The total number of employees is 20; 8 firefighters and 4 administrative staff, and 8 shift-change firefighters. The Project will be implemented in three phases as follows: Phase I This initial phase will be the demolition of the existing Contempo office building located at 20473 Saratoga-Los Gatos Road (Hwy 9), and the installation a temporary Fire Station (which requires a Temporary Use Permit and Setback modification) in two modulaz buildings. The temporary fire station will have 17 temporary parking spaces, including fire apparatus parking. Additional personnel parking will be provided via an agreement with the City to use 7 spaces offsite. A second existing alley bisects the entire block and is currently used as access to the post office and existing Contempo building. This second alley is not proposed to be vacated and will continue to provide access for the temporary fire station and post office. The alley has cone-way travel direction which will be reversed to flow toward Saratoga Avenue for use as the response direction for [he fire appazatus. The Veterans Memorial Plaza and Monument adjacent to the existing fire station on Hwy. 9 will be protected in place during constmction. Phase II The existing fire station will be demolished. The northernmost driveway (of the three driveways on Hwy. 9) will be closed permanently in Phase II. Existing trees adjacent to the old fire building will be removed, boxed and relocated in Phase III. Any trees that are not deemed suitable to be saved by the City Arborist will be replaced by the applicant. The Memorial Plaza will be demolished and the Monument relocated by the District to its previous location in Blaney Plaza on Hwy 9 across the street from the fire station. i The project will require an abandonment by the City of the alley currently located behind the existing fire station and adjacent to the Post Office. This alley is currently used by the fire district E?aQ~"~9 personnel for parking and access to the rear of the fire station and patrons of the Post Office for post drop-off and five parking spaces accessed from the alley. The post drop-off will be relocated during demolition to a parking lot across Hwy 9, and the 5 parking spaces will be reconfigured after alley closure, accessible from the Post Office parking lot (subject to agreement by the Post Office), The reaz of the new building will be built to the property line in the middle of the former alley. The San Jose Water Company pipeline in the alley will also be abandoned in place. , The new Headquarters Fire Station (approx.15,435 s.f.) will be built with a 25' setback from the corner of Saratoga Ave. and a 15' setback from Saratoga Los Gatos Road.~A new apron area, three appazatus bays and one ambulance bay will have ingress and egress from Saratoga Road. The apparatus bays will be setback 59' from the curb, the ambulance bay will be setback 40' from the curb. The building will be a two-story reinforced masonry structure with a concrete slab floor at grade and a basement below a portion of the ground floor. The architectural style reflects that of the Federated Church building in the same block inspired by the Julia Morgan vernacular. The materials and design of the facade will fit into the existing character of the neighborhood. A landscaped pedestrian plaza will be located at the comer of Saratoga Avenue and Hwy. 9. There will be a total of 12 employees at the replacement facility, except during shift change (approx. 1 hour) when there will be a total of Z0. Fire district personnel wilt park at the new parking lot (of Phase III}, and the existing parking will be shazed with the Post Office patrons. Upon completion of the Fire Station the traffic flow from the Post Office will be redirected to exit onto Hwy 9. Saratoga Avenue lane reconfigurations and new comer configuration will be designed by the City. The Fire District will fund the new curb, gutter and sidewalk at the comer of Saratoga and Hwy. 9. These improvements will be installed at the time of new Headquarters improvements. Phase III The temporary modular Fire Station buildings will be removed from 20473 and this property will be developed as a parking area. It will be provide 41 parking spaces. Out of these spaces, 10 spaces will be dedicated for public use. The fire district is currently negotiating with the Federated Church for sale of approximately 8,900 s.f. of this property to the Church. The parcel to be sold includes 31 parking spaces and will provide access to and from the church property via Hwy 9. If a sale transaction is accomplished, it will include an agreement between the Fire District and the church to allow continued use by the District of pazking spaces needed to comply with the City's parking requirements of 24 spaces. In this phase the postal drop-off will be relocated on the driveway behind the Post Office. Identification of Significant Environmental Impacts. The Initial Study/MND identifies potentially significant environmental effects in the following areas: hydrology/water quality, air quality, transportation, hazards, and noise. The Initial Study also addresses all other environmental issues, finding that they would be less than significant. Pursuant to disclosure requirements of Public Resource Code Section 21092, the subject site is not a listed toxic site. Review Period and Document Availability Location. The Draft MND and support documents are available for review and comment from August 23 through September 25 at the following location: Saratoga Fire Station 14380 Saratoga Avenue Saratoga, CA 95070 ~~Q~~~ ENVIRONMENTAL INITIAL STIJDY AND NEGATIVE DECLARATION Prepazed for: Saratoga Fire District Proposed New Headquarters Fire Station DRAFT August 22, 2002 Project Description: The project site is located at the Southeast corner of the intersection at Saratoga Avenue and Saratoga-Los Gatos Road (also designated as SR 9) in the town of Saratoga. The project is a continuation of an existing use within the Professional Administrative (P-A) zone. The Saratoga Fire District is requesting a Temporary Use Permit, Set- back modification, Design Review, Alley Vacation, Conditional Use Permit and a Lot Line Adjustment. The project includes demolition of two existing buildings; the 7,690 s.f. existing Fire Station, and the 4,000 s.f. "Contempo" office building south of the Fire Station at 20473 Saratoga-Los Gatos Road, and constmction of a new Saratoga Fire Department Headquarters Fite Station at 14380 Saratoga Avenue. The total site area of the two lots is 35,484 square feet. The total number of employees is 20; 8 firefighters and 4 administrative staff, and 8 shift-change firefighters. The Project will be implemented in three. phases as follows: Phase I This initial phase will be the demolition of the existing Contempo office building located at 20473 Saratoga-Los Gatos Road (Hwy 9), and the installation a temporary Fire Station (which requires a Temporary Use Permit and Setback Variance) in two modular buildings. The temporary fire station will have 17 temporary parking spaces, including fire apparatus parking. Additional personnel parking will be provided via an agreement with the City to use 7 spaces offsite. A second existing alley bisects the entire block and is currently used as access to the post office and existing Contempo building. This second alley is not proposed to be vacated and will continue to provide access for the temporary fire station and post office. The alley has aone-way travel direction which will be reversed to flow toward Saratoga Avenue for use as the response direction for the fire apparatus. The Veterans Memorial Plaza and Monument adjacent to the existing fire station on Hwy. 9 will be protected in place during construction. Phase II The existing fire station will be demolished. The northernmost driveway (of the three driveways on Hwy. 9) will be closed permanently in Phase II. Existing olive trees adjacent to the old fire building will be removed, boxed and relocated in Phase III. Any trees that are not deemed suitable to be saved by the City Arborist will be replaced by the applicant. The Plaza will be demolished and the Monument relocated by the District to its previous location in Blaney Plaza on Hwy 9 across the street from the fire station. The project will require an abandonment by the City of the alley currently located behind the existing fire station and adjacent to the Post Office. This alley is currently used by the fire district personnel for parking and access to the rear of the fire station and patrons of the Post Office for post drop-off and five parking spaces accessed from the alley. The post drop-off will be relocated during demolition to a location acceptable to the Post Office, and the 5 parking spaces will be reconfigured after alley closure, to be accessible from the Post Office parking lot (subject to agreement by the Post Office). The rear of the new building will be built to the property line in the middle of . the fotmer alley. The San lose Water Company pipeline in the alley will also be abandoned in place. The new Headquarters Fire Station (approx.15,435 s.f.) will be built with a 25' setback from the comer of Saratoga Ave. and a 15' setback from Saratoga Los Gatos Road. A new apron area, three apparatus bays and one ambulance bay will have ingress and egress from Saratoga Road. The apparatus bays will be setback 59' from the curb, [he QO'B~SY • ambulance bay will be set back 40' from the curb. The building will be a two-story reinforced masonry structure with a concrete slab floor at grade and a basement below a portion of the ground floor. The architectural style reflects that of the Federated Church building in the same block inspired by the Julia Morgan vernacular. The materials and design of the facade will fit into the existing character of the neighborhood. A landscaped pedestrian plaza will be located at the comer of Saratoga Avenue and Hwy. 9. There will be a total of 12 employees at the replacement facility, except during shift change (approx. I hour) when there will be a total of 20. Fire district personnel will park at the new parking tot (of Phase III), and the existing parking will be shared with the Post Office patrons. Upon completion of the Fire Station the traffic flow from the Post Office will be redirected to exit onto Hwy 9. Saratoga Avenue lane reconfigurations and new comer configuration will be designed by the City. The Fire District will fund the new curb, gutter and sidewalk at the corner of Saratoga and Hwy. 9. These improvements will be installed at the time of new Headquarters improvements. Phase III The temporary modular Fire Station buildings will be removed from 20473 and this property will be developed as a parking area. It will be provide 41 parking spaces. Out of these spaces, 10 spaces will be dedicated for public use. The fire district is currently negotiating with the Federated Church for sale of approximately 8,900 s.f. of this property to the Church. The parcel to be sold includes 31 parking spaces and will provide access to and from the church property via Hwy 9. If a sale transaction is accomplished, it will include an agreement between the Fire District and the church to allow continued use. by the District of parking spaces needed to comply with the City's parking requirements of 24 spaces. In this phase the postal drop-off will be relocated on the driveway behind the Post Office. • Q~~ .~8~. Project Location: Assessors Parcel Number- 397-22-019, 017 14380 Saratoga Avenue. -New Fire Station 20473 Saratoga-Los Gatos Road -Temporary Fire Station Adjacent Uses; North- Commercial ,South- Church, East- Post Office ,West- Commercial Applicant: Saratoga Fire District Lead Agency: Saratoga Fire District 14380 Saratoga Avenue, Saratoga, CA 95070 Contact: Earnest Kraule, Fire Chief ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages.: ^ Land Use/ Planning ^ Population /Housing ^ Geology/Soils ® Hydrology /Water Quality ® Air Quality ® Transportation /Traffic ^ Biological Resources ^ Energy/Mineral Resources ® Hazards & Hazardous Materials ®Noise ^ Public Services ^ Utilities /Service Systems ^ Aesthetics ^ Cultural Resources ® Recreation ® Mandatory Findings of Significance ^ Agriculture Resources ^ Fire Hazards QOQ~83 i SARATOGA FIRE STATION LOCATION MAP -> Mhp'QVEST'"~ X2000 h+l3pquest.com, inc.; X2000 Navpation 7echnobgys 4~Jlii!' JV~ ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. LAND USE AND PLANNING. Would the Proposal: a) Conflict with general plan designation or zoning? ^ ^ ^ ^ Discussion This is a continuation of an existing historic use of the site for fire station use. It does not conflict with any applicable land use plan, policy or regulation with the purpose of avoiding or mitigating an environmental effect. A fire station use is a conditionally allowed use in any zoning district with a conditional use permit and is consistent with the Saratoga General Plan and Zoning Ordinance. No mitigation is necessary. b) Conflict with applicable environmental or land use plans ^ ^ ^ ^ or policies adopted by agencies with jurisdiction over the project? Discussion This project does not conflict with environmental or land use policies since it is a necessary emergency service, and is allowed use. See comment in a above. c) Be incompatible with existing land use in the vicinity? ^ ^ ^ ^ Discussion The alley abandonment and relocation of the fire station into the adjacent alley will change proximity to adjacent uses and slightly alter circulation patterns. The second existing driveway will replace this circulation by providing access to the Post Office parking and the temporary Fire Station. The Fire Station is an existing and necessary emergency service. d) Affect agricultural resources or operations (e.g., impacts ^ ^ ^ ^ to soils or farmlands, or impacts from incompatible land uses)? Discussion No agricultural resources are on or near the site since it is tocated in an urban setting. e) Disrupt or divide the physical arrangement of an ^ ^ ^ ^ established community (including aloes-income or minority community)? Discussion The proposed project is in keeping with the historic use of the site for a fire station use. No impacts are anticipated. II. POPULATION AND HOUSING. Would the Proposal: a) Cumulatively exceed official regional or local ^ ^ ^ ^ population projections? Discussion The proposed project will not introduce population growth or requite additional infrastructure. The new fire station facility will provide fire protection to the existing service area and there is no change to the service intensity. No impacts are anticipated. ~~Q~~S . ENVIRONMENTAL ISSUES Potentially Isee attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Induce substantial growth in an area either directly or ^ ^ ^ ^ indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? Discussion See comment on a. above. c) Displace existing housing, especially affordable ^ ^ ^ ^ housing? Discussion Housing will not be affected by the project since it is a replacement of an existing facility on site. III. GEOLOGIC PROBLEMS. Would the Proposal result in or expose people to potential impacts involving: a) Fault rupture? ^ ^ ^ ^ Discussion There are no mapped active faults that cross or are adjacent to the site, therefore, the potential for surface rupture at the site is considered to be low. The closest seismically active faults are the San Andreas and Monte Vista Shannon Faults. b) Seismic ground shaking ^ p ^ ^ Discussion There are no mapped active faults that cross or are adjacent to the site, therefore, the potential for horizontal ground acceleration at the site is considered to be low. c) Seismic ground failure, including liquefaction? ^ ^ ^ ^ Discussion The potential for liquefaction at the site is considered to be low. d) Seiche, tsunami, or volcanic hazard? ^ ^ ^ ^ Discussion The potential for wave action or volcanic activity is considered to be very low. e) Landslides or mudflows? p ^ ^ ^ Discussion The potential for landslides at the site is considered to be ve low f) Erosion, changes in topography or unstable soil ^ ^ ^ ^ conditions from excavation, grading or fill? Discussion Based upon the findings in the Soil Engineering Study, there are no soil erosion or special fill requirements other than compaction, for the fire station project g) Subsidence of the land? ^ ^ ^ ^ Discussion Based upon the findings in the geologic hazards investigation, the potential for subsidence is considered to be very 2 Q~Q~~6 • ENVIRONMENTAL ISSUES (see attachments for information sources) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Expansive soils? Discussion Based on the Soils Engineering Report low to moderate expansive soils were found on site and no mitigation was recommended. i) Unique geologic or physical features? Discussion ^ ^ ^ ^ The site is flat with no unique geologic features. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the ^ ^ ^ ^ rate and amount of surface runoff? Discussion Most of the existing drainage conditions will remain. The amount of impervious surfaces will be decreased slightly by removal of the Memorial Plaza. The application includes 2% drainage swales to accommodate and improve site drainage where necessary. b) Exposure of people or property to water related hazards ^ ^ ^ ^ such as flooding? Discussion No water related hazards are anticipated. According to the Geologic Hazards Study the site is located within a Zone B (100 to 500 vear) flood Zone. c) Discharge into surface waters or other alterations of ^ ^ ^ ^ surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? Discussion The project site currently channels runoff from truck wash-down into storm drains. With the Project improvements this condition will be improved to no impact. Mitigation Refer to h) IV.1 d) Changes in the amount of surface water in any water ^ ^ ^ ^ body? Discussion The project is not near a.water body and therefore no change to the amount of surface water will occur. e) Changes in currents, or the course or direction of water ^ ^ ^ ^ movements? Discussion The project is not near a water body and therefore no change to water movement will occur. f) Change in the quantity of groundwater, either through ^ ^ ^ ^ direct additions or withdrawals, or through interception 3 Q~Q~B~ ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? Discussion The project does not substantially change the amount of impervious surfaces from the existing site condition and therefore will not change~groundwater conditions. g) Altered direction or rate of flow of groundwater? ^ ^ ^ ^ Discussion No impacts are anticipated since this is a replacement of an existin g facility. h) Impacts to groundwater quality? ^ ^ ^ ^ Discussion Potential impacts from truck washing that currently drains into storm drains wil l be mitigated with site improvements which will result in less than significant or no impact. The proposed project will not violate any water quality standards or waste discharge requirements as regulated by the Water District, the Sanitary District, and the City of Saratoga Public Works Department. However, measures will be in place to address the potential short-term impacts of grading and construction activities for the fire station. • Mitigations IV.1 Installation of catchments and sewer connections for redirecting gray water into the City sewer system. IV.2 During construction, washing of concrete, paint or equipment shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. A designated area for washing functions shall be identified. i) Substantial reduction in the amount of groundwater ^ ^ ^ ^ otherwise available-for public water supplies? Discussion The proposed project will not substantially deplete the existing groundwater supplies or interfere with groundwater discharge since it is an existing historic use that relies on City water service. V. AIR QUALITY. Would the Proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ^ ^ ^ ^ 4 ~t~~~fs'8 ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Discussion There is a new emergency generator proposed in this project to provide power during emergencies. The emissions from the emergency generator will be within the requirements of the Air Pollution Control District and will not have a significant impact on the existing air quality on the site and surrounding area. V3 Follow the steps as described in the attached Mitigation Summary for testing and handling asbestos. b) Expose sensitive receptors to pollutants? Discussion Demolition of the 2 existing buildings may have the potential to impact air quality. Implementation of APCD standard practices for dust control such as provide water spray during demolition. Grading activities are expected to last approximately 2 weeks. Due to the age of the existing Fire Station and Contempo Building, it is probable there is asbestos present. A hazardous materials survey will be completed for the project and the Demolition Plan for the project will include approved methods for removal and disposal of asbestos. Mitigations V.1 Implement APCD standards for dust control during demolition and project grading to reduce the impact to less than significant. V.2 Prior to Demolition, the applicant shall notify the Air Pollution Control District 10 days before demolition begins and asbestos removal work begins. V.4 Follow National Emission Standards for Hazardous Air Pollutants during demolition as described in the Mitigations Summary. Short-term air quality impacts caused by dust generation and emissions from construction equipment could occur during the proposed demolition and construction. Adoption of standazd APCD dust control measures (See V.1.) would reduce potentially significant dust generation associated with such constmction activities to less than significant levels. Emissions are expected from gasoline and diesel-powered grading and paving equipment and fugitive dust generation associated with earth movin¢ activities. ^ ^ ^ ^ c) Alter air movement, moisture or temperature, or cause ^ ^ ^ ^ any change in climate? Discussion No impact is anticipated. d) Create objectionable odors? ^ ^ ^ ^ ~~Q~~9 ENVIRONMENTAL ISSUES Potentially (see attachments for informatiat sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Discussion The proposed project will contain an emergency generator. The emergency generator will be tested on a regulaz schedule once a week for approximately 5 minutes. Short-term use will be limited to power failures and emergency situations. The small amount of emissions from the exercising of the emergency generator on a weekly basis is less than significant level of impact. VI. TRANSPORTATION/CIRCULATION. Would the Proposal result in: a) Increased vehicle trips or traffic congestion? ^ ^ ^ ^ Discussion According to the Traffic Study ,Feb. 2001, no new trips will be generated since it will be replacing an existing facility. Existing traffic impacts will Le mitigated as noted in VI. b) below. b) Hazards to safety from design features (e.g., sharp ^ ^ ^ ^ curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Discussion Because the new Headquarters Fire Station will be set back off the comer of Saratoga Avenue and Saratoga-Los Gatos Road, and will incorporate a traffic signal interrupt, and a new street comer configuration, the visual distances will be improved and right turn traffic will be required to stop thus creating a benefit for an existing dangerous condition. The new Fire Station design incorporates a lazge apron on the frontage to Saratoga Road which will allow emergency vehicles to back into the facility without stopping traffic on Saratoga Road. Mitigations VI.1 Setback the new Fire station Facility 25' from curb and the apparatus bay doors 59' from curb on Saratoga `c) Inadequate emergency access or access to nearby uses? ^ ^ ^ ^ Discussion The proposed abandonment of the existing alley will remove direct access to the side of the Post Office however, the other remaining driveway will maintain postal personnel access, emergency and other patron access to the Post Office. No impacts are anticipated. d) Insufficient parking capacity on-site or off-site? ^ ^ ^ ^ Discussion The property on which the existing Fire Station is currently located has insufficient parking to serve the station. However, the Fire District has purchased the property just south of the existing Fire Station (where the temporary Fire Station will be located) at 20473 Saratoga-Los Gatos Road. This will comply with City requirement for 24 spaces. This project design reduces this impact to less than significant. The Temporary Fire Station will have adequate parking with 17 spaces. 6 Qaf3~~0 ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Hazards or barriers for pedestrians or bicyclists? ^ ^ ^ p Discussion Pedestrian safety may be at risk between the Fire Station and the Post Office where there is a jog in the sidewalk and curb at the Post Office comer. The alley will be closed and an ambulance bay door exits on this corner. Mitigations VI.2 Provide a new stripped crossing along Saratoga Road to the median at the Post Office parking area in the front of the Post Office. f) Conflicts with adopted polices supporting alternative ^ ^ ^ ^ transportation (e.g., bus turnouts, bicycle racks)? Discussion There is a bus stop (Line #27 West Valley College) located at the edge of the driveway where ingress to the temporary fire station will be on Saratoga-Los Gatos Road. Mitigation VI.3 The District will move the bus stop 50 to 75 feet North of current location, thus mitigating it to no impacts. g) Rail, waterborne, or air traffic impacts? ^ ^ ^ ^ Discussion The Project site is not within the vicinity of rail, water or air traffic facilities. VII. BIOLOGICAL RESOURCES. Would the Proposal result in impacts to: a) Endangered, threatened or rare species or their habitats ^ ^ ^ ^ (including, but not limited to, plants, fish, insects, animals and birds)? Discussion The proposed project is located on the existing fire station site. There are no habitats or special status species established on the existine site. b) Locally designated species (e.g., heritage trees)? ^ ^ ^ ^ Discussion One existing magnolia tree will be removed for the Temporary Fire Station improvements. It is not a heritage tree and therefore will not be replaced. Four existing olive trees near the Memorial Monument will be extricated, boxed and relocated on site. c) Locally designated natural communities (e.g., oak ^ ^ ^ ^ forest, coastal habitat, etc.)? Discussion There are no designated natural communities on or near the site. • d) Wetland habitat (e.g., mazsh, ripazian and vernal pool)? ^ ^ ^ ^ Discussion There are no wetlands on or near the site. ~~~~~~ ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially. Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Wildlife dispersal or mitigation corridors? ^ ^ ^ ^ Discussion This is an urban setting, no wildlife is present. VIII. ENERGY AND MINERAL RESOURCES. Would the Proposal: a) Conflict with adopted energy conservation plans? ^ ^ ^ ^ Discussion Energy conservation practices will be implemented in the new fire station building according to California Energy standards, including: dual paned windows, energy efficient appliances, insulation, energy efficient lighting. b) Use non-renewable resources in a wasteful and ^ ^ ^ ^ inefficient manner? Discussion Reusable building materials from demolition will be recycled. c) Result in the loss of availability of a known mineral ^ ^ ^ ^ resources that would be of future value to the region and state residents? Discussion No known mineral resources exist on the site. IX. HAZARDS. Would the Proposal involve: a) A risk of accidental explosion or release of hazardous ^ ^ ^ ^ substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Discussion There will be no routine transportation, use or disposal of hazardous materials. b) Possible interference with an emergency response plan ^ ^ ^ ^ or emergency evacuation plan? Discussion The proposed project is a part of the Sazatoga Fire District's adopted emergency response plan. Construction of the new fire facility will provide the Fire Department with a building code compliant "essential services" facility for emergency response. c) The creation of any health hazard or potential health ^ ^ ^ ^ hazard? Discussion The proposed Project is not anticipated to create new health hazards as a result of new Fire Station operations. There will be no significant hazardous materials present on this project after the removal of existing asbestos materials by a licensed hazardous materials contractor (see d below). ~~Q~s~ ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Exposure of people to existing sources of potential ^ ^ ^ ^ health hazards? Discussion As discussed in Air Quality, V.a. above, there is potential for asbestos in the bu ildings to be demolished. e) Increased fire hazard in areas with flammable brush, ^ ^ ^ ^ grass or trees? Discussion The proposed project will not expose people or structures to the risk of wild land fires. X. NOISE. Would the Proposal result in: a) Increases in existing noise levels? ^ ^ ^ ^ Discussion The proposed project is in keeping with the historic use of the site for a fire station use. The fire station will expose neighbors and generate noise typical for it's daily uses, but not exceed any standards established by the local noise ordinance. The proposed project will not intensify noise levels above [he existing use. There is no change in use of the site. The proposal includes two emergency generators. One for the temporary fire station and one for the new permanent Fire Station. These generators will only be used in times of emergencies as back-up power. There are . neighbors behind the Church on Park Place potentially impacted by noise in the event of an emergency. Mitigations X.1 Prior to issuance of a building permit the City. will ensure that the application includes a wall to enclose the generator at the South of the new Fire Station. X.2 Sound insulate the temporary unit or enclose it to meet the standards set forth in the City Noise Ordinance. This would reduce this impact to less than significant. b) Exposure of people to severe noise levels? ^ ^ ^ ^ Discussion No severe noise impacts are anticipated. Also see a) above. XI. PUBLIC SERVICE. Would the Proposal have an effect upon, or result in a need for new or altered government services, in any of the following areas: a) Fire Protection? ^ ^ ^ ^ Discussion The proposed project will create a positive impact for the Fire District and the existing community. The replacement project will provide the District with a building code compliant "essential services" facility. The new facility will improve the Fire District's emergency response plan after a seismic event or other natural catastrophe. The fire protection services of the Station will continue to be provided from the existing site during construction. There will be no interruption in fire protection services during the construction period. Temporary facilities for the . fire personnel and equipment are proposed to remain on site. b) Police Protection? ^ ^ ^ ^ 9 ~~Q~~~ ENVIRONMENTAL ISSUES (see attachments for information sources) Potentially Significant Potentially Unless Less Than Significant Mitigation Signifcant No Impact Incorporated Impact Impact Discussion The proposed project will not create an impact on [he existin g police services. c) Schools? ^ ^ ^ ^ Discussion The proposed project will not create an impact on public or p rivate schools as a result of this p roject. d) Maintenance of public facilities, including roads? ^ ^ ^ ^ Discussion - Since the project is the continuation of an existing use on exi sting roads no new services or maintenance will be e) Other governmental services? ^ ^ ^ ^ XII. UTILITIES AND SERVICE SYSTEMS. Would the Proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ^ ^ ^ ^ Discussion The project is a continuation of an existing use on the site and therefore will not a need for a new system or alteration to an existing service. b) Communications systems? ^ ^ ^ ^ Discussion The project will not affect communication systems. c) Local or regional water treatment or distribution ^ ^ ^ ^ facilities? Discussion The proposed project will not exceed the wastewater treatment requirements. `d) Sewer, septic systems, or wastewater treatment and ^ ^ ^ ^ disposal facilities? Discussion Adequate new water and wastewater facilities exist for the needs of this oroiect e) Storm water drainage? ^ ^ ^ ^ Discussion Greywater runoff from truck cleaning on Saratoga Road currently drains into the storm water system. The project will include improvements to re-direct drainage into the sewer system during truck wash-down. This will reduce the impact to less than significant. Refer to discussion and mitigation in Water IILh. f) Solid waste materials recovery or disposal? ^ ^ ^ ^ Discussion The Sanitary District has adequate existing facilities to service the needs of this proiect g) Local.or regional water supplies? ^ ^ ^ ^ 10 ~~'~ ~~4 ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Discussion Adequate water supplies exist to service the needs of this project. XIII. AESTHETICS. Would the Proposal: a) Affect a scenic vista or scenic highway? ^ ^ ^ ^ Discussion The proposed project will not have any adverse effect on any scenic vistas. No public views will be adversely affected. The project is compatible with the existing neighborhood b) Have a demonstrable negative aesthetic effect? ^ ^ ^ ^ Discussion The project architectural style is compatible with neighboring buildings on Saratoga and Saratoga-Los Gatos Roads and will have a positive aesthetic impact on the site and the surrounding neighborhood. The architectural style similar to the "Federated Church" inspired by the Julia Morgan vernacular and the proposed character and quality of the style will enhance the site and its surtoundinss. c) Create adverse light or glare effects? ^ ^ ^ ^ Discussion The proposed project will not create a significant increase to the existing lighting levels of the existing fire station. The proposed exterior lighting to the site and building will be in areas where they are required for safety and aerations. XIV. CULTURAL RESOURCES. Would the Proposal: a) Disturb paleontologicalresources? ^ ^ ^ ^ Discussion No paleontological resources are anticipated to be impacted. b) Disturb archaeological resources? ^ ^ ^ ^ Discussion There are no known resources on the site however the following mitigation measures will be required to reduce potential of project specific impacts to archeological resources. Mitigations XN.1 At the commencement of project construction, a qualified archaeologist shall give all workers associated with earth disturbing procedures an orientation regarding the possibility of exposing unexpected cultural remains and directed as to what steps are to be taken if such a find is encountered. If any cultural resources are encountered during constmction, constmction shall cease immediately and procedures established by the Advisory Council on Historic Preservation concerning the protection and preservation of historic and cultural properties shall be followed. In this event, a qualified archeologist with local expertise shall be consulted immediately in order to assess the nature, extent, and possible significance of any cultural remains encountered. XN.2 This condition will be printed on all building and grading plans. c) Affect historical resources? ^' ^ ^ ^ ENVIRONMENTAL ISSUES Potentially /see attachments for reformation sources) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Discussion No historical resources are anticipated on the site. d) Have the potential to cause a physical change, which ^ ^ ^ ^ would affect unique ethnic cultural values? Discussion No impact to unique ethnic cultural values is anticipated. See b) above. e) Restrict existing religious or sacred uses within the ^ ^ ^ ^ potential impact area? Discussion No impact is anticipated. XV. RECREATION. Would the Proposal: a) Increase the demand for neighborhood or regional parks ^ ^ ^ ^ or other recreational facilities? Discussion No impact is anticipated. b) Affect existing recreational opportunities? ^ ^ ^ ^ Discussion The proposal incorporates relocating the existing Memorial Park and Monument to its previous location offsite. It may better serve the community in a less congested intersection with better accessibility. This relocation will reduce the impact to less than significant and to a benefit. Mitigation XV.l The District wilt move the Memorial Park and Monument to Blanel Park. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the ^ ^ ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce [he number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or b) Does the project have the potential to achieve short- ^ ^ ^ ^ . term, to the disadvantage of long-term, environmental goals? 12 ~~~ .Z~6 ENVIRONMENTAL ISSUES Potentially (see attachments for information sources) Significant Potentially Unless Less Than Significant Mitigation Significant No c) Does the project have impacts that are individually ^ ^ ^ ~ limited, but cumulatively considerable? ("Cumulatively considerable" means that the increment effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future d) Does the project have environmental effects that will ^ ^ ^ ^ cause substantial adverse effects on human beings, either directly or indirectly? 13 €~~Q~~7 88/22/2002 14:14 4008671330 TRINA WHITLEY PAGE 82 • xv>z DETEAMnvATION. On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a Iv'EGATIVE DECLARATION will be prepared. I find that although the proposed project could Lave a significant effect on the environment, there will not be a significant effect is this case because the mitigation measures described on an attached sheet have X been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPU$T is required. DATE FIRE CH1EF~ SARATOGA FIRE DEPARTMENT • • ~~0.~'~8 ~~ 06/22/2002 _15_20 4080671330 TRINA WHITLEY PAGE 03 NEGATIVE DECLARATION Declaration That Environmental Impact Report Not Required For Design Review lt01-006 and Use Permit 01-002 and TUP-Ol-003 aad LL-O1-003 Saratoga Fire District The undersigned, Fire Chief for the Saratoga Fire District, after study and evaluation, has determined and does hereby determine pursuant to the applicable provisions ofthe Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution _ofUte City of Saratoga, and based on the District's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act Project Description: Request for Temporary Use Permit, Conditional Use Permit, and Design Review approval to demolish an existing Fire Station and office building and construct a new 15,435 square foot Headquarters Fire Station at 14380 Saratoga Avenue. A Temporary Use Permit and Setback modi fication is necessary for the temporary Fire Station to be located at 20473 Sazatoga-Los Gatos Road during construction. The site for the proposed fire station is 18,228 square fat, and the site for the temporary building 8c parking is 17,250 square feet. Both ere located within a Professional Administrative (P-A) zone district. Project Location: 14380 Saratoga Avenue -New Fire Station 20473 Sazatoga-Sunnyvale Road -Temporary Fire Station Applicant: Saratoga Fire Department Lead Agency: Saratoga Fire District 14380 Saratoga Avenue Saratoga, CA 95070 Beason for Negative Declaration: The proposal is not anticipated to cause any substantial adverse impacts on the environmenk Although the proposal will modify the existing use of the site, and have minor modification impacts, the attached mitigation measures will insure that the project will not cause sig»if~cant environmental impacts pursuant to the terms of the Environmental Quality Act Executed at Sarato a, California, this day ~ 22 ~ ~ ERNEST I{riAULE, F, SARATOGA FIRE DEPARTMENT 15 ~i~1~.Z'~'~ ~~ f~J MITIGATION MEASURES SUMMARY IV. WATER Description N-1 Installation of catchments and sewer connections for redirecting gray water into the City sewer system. N-2 During construction, washing of concrete, paint or equipment shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. A designated area for washing functions shall be identified. V. AIR QUALITY Asbestos Mitigation Measures Completion of the following mitigation measures is required in order to determine whether asbestos containing materials are present as a result of the proposed project. V-1 Prior to demolition, the applicant shall notify the San Luis Obispo APCD of all facility demolitions at least ten working days before asbestos stripping or removal work begins. The information required for the notification must be reported a "Notification of Demolition and Renovation" form that can be obtained at the APCD. This form includes demolition of facilities that may contain no asbestos. V-2 Prior to demolition, the applicant shall implement the following steps: 1. The facility shall be inspected and building materials sampled and tested to determine the presence or absence of asbestos. 2. Samples must be tested by an EPA accredited analytical laboratory, and with an approved EPA asbestos method io determine the percent of asbestos present. 3. Inspections and testing should be completed and results obtained by the owner, operator or contractor prior to the start of the renovation or demolition. 4. Test results should be kept on site and made available to the APCD upon request. V-3 Prior to and during demolition, the applicant shall assure the following steps are completed: 1.. Demolition may begin when it is determined that asbestos containing materials are not present, and all notification of the National Emission Standard for Hazardous Air Pollutants (NESHAP) are met. 2. If asbestos containing materials are present, demolition activity must be done in compliance with the NESHAP. 3. If proof of inspection and building material testing cannot be provided to the APCD, demolition activity will be required to stop. 4. Activity may resume only with APCD approval. S. Upon receipt of an adequate "Notification of Demolition and Renovation", the APCD will issue a written Authorization Letter and fee invoice to the owner/operator of the facility. 6. The primary purposes of the Authorization Letter are to verify project start and end dates, to assure that all parties are aware of APCD and EPA requirements, and that those requirements will be adhered to during the abatement. VI. TRANSPORTATION AND CIRCULATION VI-1 Set the new Fire station Facility back 25' from curb and the apparatus bay doors 59' from curb on Saratoga Avenue. VI-2 Provide a new striped crossing along Saratoga Road to the median at the Post Office parking area in the front of the Post Office. 16 ®a~ ~~ . VI-3 The District will move the bus stop 50 to 75 feet North of current location. X. NOISE X-1 Prior to issuance of a building permit the City will ensure that the application includes a wail to enclose the generator at the South of the new Fire Station. X-2 Sound insulate the temporary unit or enclose it to meet the standards set forth in the City Noise Ordinance XIV. CULTURAL RESOURCES XN-1 At the commencement of project construction, a qualified archaeologist shall give all workers associated with earth disturbing procedures an orientation regarding the possibility of exposing unexpected cultural remains and directed as to what steps are to be taken if such a find is encountered. If any cultural resources are encountered during construction, construction shall cease immediately and procedures established by the Advisory Council on Historic Preservation concerning the protection and preservation of historic and cultural properties shall be followed. In this event, a qualified archeologist with local expertise shall be consulted immediately in order to assess the nature, extent, and possible significance of any cultural remains encountered. XIV-2 This condition will be printed on all building and grading plans. XV. RECREATION • XV-1 The District will move the Memorial Park and Monument to Blanel Park. u 17 ~fl~~o~. INFORMATION SOURCES: • A. City of Saratoga Departments Consulted: Planning and Development B. Other Sources and Documents: Reference # Document Title Available for Review at: 1 Neighborhood Zoning Map Attachment #1 2 Lot Coverage Exhibit Attachment #2 3 Project's Site. Plan Phase I-Temporary F.S. Attachment #3 4 Pmject's Phase II & III Site Plan Attachment #4 5 Project's Lower & 1~' Floor Plans Attachment #5 6 Project's 2nd Floor & Roof Plans Attachment #6 7 Project's Conceptual Exterior Elevations Attachment #7 $ Project's Building Sections Attachment #8 9 Project's Grading & Drainage Plan Attachment #9 10 Project's Conceptual Planting Plan Attachment #10 11 Traffic Study, Fehr & Peers Associates 12 Soils Engineering Study, Earth Systems Consultants . 13 Geologic Hazards Study, Earth Systems Consultants 14 Limited Onsite and Offsite Source Assessment • 18 ~~~`~~ ~~aa e . Ir , r ~ i ~: i i ~ ~ i ~~a~~ i ": i ~ r i i ;; ;; _____ P~Ea-' ___.._..=~._..J L._ ~~ ao,,. Yww..,,~ ~~ ~ ` . ~i i ~ ~ag~ $ t ~ t i : 4 ~`' ~ 1, , ~~ 0 ~. _ ~~ v- m 0 r s ~. ~: 8 ~ _ ~ • ~ @ ~~ F. 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MIHALT ~c~nn~.~n i' Attachment ~ ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 zo 21 22 23 24 25 26 27 28, ELLI50N FOLK (State Bar Na. 149232) RICHARD TAYLOR (State Baz No. 139037 ) MARLENA BYRNE (State Baz No. 212251) SHUTE; MIHALY & WEINBERGER LLP 396 Hayes Street San Francisco, CA 94102 Telephone: (415)552-7272 Facstmile: (415) 552-5816 Attorneys for Respondents and Defendants CITY OF SARATOGA SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA SARATOGA FIRE PROTECTION DISTRICT, ) Case No. CV 803540 Petitioner and Plaintiff, ) STIPULATION AND [PROPOSED] ORDER v. ESTABLISHING PROCESS FOR SETTLEMENT CITY OF SARATOGA, and CITY COUNCIL OF THE CITY OF SARATOGA, Respondents and Defendants. Petitioner and Plaintiff Saratoga Fire Protection District ("District") and Respondents and Defendants City of Saratoga ("Cit}~') and the City Council of the City of Saratoga ("City Council"), (collectively, "City"), hereby agree and stipulate as follows: 1. The District and the City (collectively, "the parties") enter into this Stipulation Establishing Process for Settlement ("Stipulation") upon the basis of the following facts, understandings and intentions of.the parties: A. The District's action arises out of the decision of the City to deny the District's Mazch 6, 2001 applications for design review, and use permits (collectively, "Application") to demolish an existing fire station, maintain a temporary fire station, and constmct a new fire station at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road ("Project"). Gale Tb. CV 803540 sr>PUt.nrtox nNU 1PROrosEO1 oRnsR ESrABLLSHING PROCESS FOR SE71IEAtET.7 1 ~0'Byy.S Oi/19/0. 11:Sp $ SHIITE.MIHALI B. The District's existing fire station building is located on the Project 10 11 12 13 14 ]5 16 17 18 19 20 2I 22 73 24 25 26 Z7 28 site and has been found seismically unsound according to an engineering study commissioned by the District. Addltioaally, the District seeks replacement of the existing fire station because it has determined first the current building is too small to meet the space needs of the District and its employees. In 1998, the District commissioned a conceptual design for a new station on the Project site and is 2000, the voters of the Saratoga Fire Protection District approved $6,000,000 worth of bonds for the purchase of property adjacent to the Project site and the construction of a nee station. Ia preparation for permitting and constructing the now station, the District, among other preparations, commissioned a traffic study, which concluded that the development of a new fire station would produce no additional impacts to traf&c. C. The District submitted its Application to the Ciry on March 6, 2001. The District also requested a temporary use permit to relocate the existing fire station to the adjacent property, which currently houses the "Contempo Building." The District's Project proposal would have required the City to adjust the property line of the District's property (a tot-line adjustment) and to transfer 529 square feet of Ciry-owned property, now encompassing the City's Heritage Plaza, to the District. As initially proposcd, the District's Project would have required exceptions from the City's zoning code, which code currently limits site coverage to 30 percent of the Project site and requires setbacks of 25 feet on all sides. In addition, the 35 foot height of the Project would have exceeded the 30 foot height limitation of the applicable zoning district. D. The City Planning Commission held hearings on the Application on June 13 and June 27, 2001 and approved the Project as proposed. In approving the project, the Planning Commission made several findings, including fording that the building's elevation, height, sad placement did not unreasonably interfere with views and privacy and that the proposed Project was compatible with the surrounding environment, includmg surrounding structures, and with the City's Zoning Ordinance. fiollowing the approval, two members of the public appealed the Punning Commission's action to the Cut bb. CV 80.1540 STIPVLAttON AND tPttOAp519J ORDEa ESiAaLtStmtG PROCESS BOa SETIIEt,IINi' '1 to 003 Oi' ~~Q~~6 Oi-19102 11:50 - ~ SHL'TE.MIHALS lE'1001~01- • 1 3 4 • • S 6' 7 8 9 10 11 I2 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council. E. On September 5, 2001, the Ciry Council heard the appeal. After extensive discussion and testimony from the public, the City Council upheld the appeal and denied the District's Application. Among the reasons cited in support of the denial were the mass of the building, the lack of setbacks, the 100 percent site coverage and the ~I Project's incompatibility with the neighborhood. and lack of consistency with existing zoning. The City denied the Application without prejudice. F. Following the City's denial of the District's Application, the District filed a petition for writ of mandate on December 4, 2001, claiming that the City abused its discretion in denying the District's Application and that the denial effected a taking. On February 23, 2002, the Court sustained the City's demurrer to the District's second cause of action alleging that the City's denial resulted in a taking of their property. The Court ruled that the District's claim was not ripe for adjudication. The Cottrt granted leave to amend and District screed the City with an amended complaint on March 15, 2002, alleging the same claims for abuse of discretion and a taking. Oa April IS, 2002, the Ciry filed a second demurrer to the District's second cause of action alleging a taking. G. Following the denial of the Application, the City instituted a planning process for development of a public safety center, including a fire station, at the intersection where the current fire station is tocated. An Ad Hoc Committee including representatives of the City, the District, several adjoining landowners, and interested members of the community was created to develop a public safety center plan. The Ad floe Committee developed alternative conceptual plans for the site which were reviewed by the City Council in a public meeting on April 17, 2002. H. As a result of this planning process and the District's involvement as an active participant, settlement between the parties has become a viable option. At the April 17, 2002 City Council meeting the City Council directed City staff to work with the District to facilitate a land exchange between the City and the District necessary to allow development of the "Scheme A" conceptual design presented at the April 17, 2002 City c.~cxo. cvso3s.o sitrutAnox AND [PROPOSEOI ORDER ESTABLLSRTNG PROCESS FOR aEPliFA¢S~7 3 Oi /19/0: 11:51 `J • 10 11 12 13 14 16 15 17 18 19 20 21 ZZ 23 24 25 26 I 27 28 SgCTE.MIHnLS boos oi- Council meeting. The City Council also directed staff to cooperate with the District as it prepared a revised plan for the development of a fare station-consistent with the Scheme A conceptual design. Before the District filed an opposition to the City's second demurrer, the parties stipulated to a stay of litigation, which stipulation was signed by the Coun and filed on June 6, 2002. That stipulation stayed all proceedings in the litigation, including the Ciry`s second demurrer, for sixty (60) days from the date of the stipulation in order to facilitate settlement. I. The parties have engaged in extensive discussions for the purpose of negotiating the tertns of a settlement of the pending litigation, The District and the City have now reached agreement on the terms of a settlement of this action that they constder to be a just, fair, adequate and equitable resolution of the claims raised in the petition. J. By this Stipulation, the parties seek to set forth the terms of their settlement agreement and to establish the procedures and processes by which the settlement will be incorporated into a Stipulation for Entry of Final Judgment. 2. All proceedings in this action shall be stayed, including all pleadings and other materials which might otherwise be filed. Any applicable time deadlines, times within which the matter must be brought to trial, and/or statute of limitations aze tolled ~ from the date of the Order herein to the date of termination of this Stipulation. if any, by either parry hereto. The District shall pay the normal fees and costs charged by the City for processing the Codified applications referred to herein, as established by the City's adopted fee scheduled. 3. The terms of the settlement agreement and the process to incorporate that settlement into a Stipulation for Entry of Final Judgment are set forth below: A. The Ciry Council shall entertain a motion for reconsideration of its September 5, 2001 denial of the Application pursuant to Saratoga City Code section Z- 10.110(fj. The motion for reconsideration will propose that the City Council: (a) rescind the denial; (b) direct the District to return to the Planning Commission with a modified application consistent with the Ad Hoc Committee's "Scheme A" modified to show all ewe w. ev soasoo sr~tn,nrror+ nrro IPaoPOS®1 oxaEa ES'fABL15H[NG PROCESS POR SE7'fIFMET'7' 4 ~~Qy,1g SHC'I'E.3iIF3ALI parking for the District and Ciry on land owned by the District and with an alternative parking design including lands owned by adjoining landowners that could be implemented at the option of the District and adjoining landowners; and (c) direct the Planning Commission to review the design for general conformity with Scheme A. A copy of "Scheme A" is attached as Exhibit I and is hereby incorporated by this reference. B. The City Council shall initiate proeeedmgs to consider vacating the Oi/19%02 11:51 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 zsl public right-of-way in the alley adjacent to the existing firc station and shall request the.. _ Planning Commission to ztview the proposed vacation and the transfer of the Heritage Plaza property to the District for conformity with the City's General Plan pursuant to Government Code section 65402(a). C. The District will develop plans for a fire station based on the Ad Hoc Committee's Scheme A. The design will, at a minimum, meet the City's height limitations and standard front and side yard setback requirements, except as otherwise provided herein. The design will include a front apron of at least 59 feet. The City acknowledges that as exception to the City's rear and side yard setback requirements will be required for the portion of the structure along the southeast property line and that an exception to the City's site coverage requirements will be required because the project is being developed on multiple adjacent lots. In no event, however, will the project's site coverage exceed 30 percent of the total area of all of the lots combined. City staff will cooperate with the District in seeking to define design elements that will promote site compatibility, consistent with the District's intended use of the site. D. As the project sponsor, the District will act as lead agency under the California i;nvironmental Quality Act ("C$QA"), Public Resources Code § 21000 et seo•• and wil[ prepare a Mitigated Negative Declaration for the new design. The project description will include the now fire station and temporary fire station as well as the vacation of the alley and the transfer of the Heritage Plaza property necessary for the new fire station design. The City will be a responsible agency under CEQA. E. The District will endeavor m submit the proposed Mitigated Cue No. CY 803540 SI7PUI.A77ON AND [PROPOSED] ORDIR FSrABLLStitNG PROCESS FOR SE27'IEt~M S .e;000- Ua~ s~c'1'~:.s~3 C~ pi;19 02 11:51 $ 4 10 11 12 I3 14 15 16 17 18i 19 20 21 22 23 24 25 26 27 28 and the temporary facility to be used during construction of the new fire station to the SHL'TE. MIFL~Ll~ Negative Declaration/Initial Srudy and its completed application for the new fire station Ciry by August 23, 2002. F. The Community Development Department, after receipt of the ~00~ ::.- District's application and the proposed Mitigated Negative Declaration/Initial Study, shall promptly review the application to determine its completeness and consistency with Scheme A and shall thereafter notice apublic boating before the Planning Commission to consider the application and the vacation of the alley and transfer of the Heritage Plaza property. The City will endeavor to have these matters heazd by the Planning Commission at its meeting of September 25, 2002. The District will provide the City with its approved Mitigated Negative Declaration no later than one week before the matters are to be heard by the Planning Commission. G. In the event that any decision of the Planning Commission regarding the application is appealed, the City will act to schedule the appeal for consideration by the Ciry Council at the first available meeting following the appeal consistent with all applicable City policies. H. Following Planning Commission review of the proposed vacation of the alley and transfer of the Heritage Plaza property, the City Council will hold a public hearing to consider whether to vacate the public right-of--way in the alley and whether to convey the Heritage Plaza property to the District. The Ciry will endeavor to have these matters heazd by the City Council at its meeting of October 16, 2002. The conveyance of the Heritage Plaza property to the District shall be in exchange for the following: (1) dedication to permanent public use of at least ten (10) public parking spaces controlled by the City in addition to the twenty-four (24) spaces required by the District pursuant to a shazed use parking agreement in form.and content acceptable to the City to be recorded in the office of the County Recorder; (2) an easement eight feet in width for passage of pedestrians and bicycles within the setback of the western side of the Fire Station property along State Route 9; and (3) an easement ten feet in width for passage of c.+o w, cv suasco srtPta.nr[ox nom [Paoros~l oanea E57ASI1sHIIVG PROCESS FOR SECIt;:MMENf 5y;j'V yhro ~~ Oi-19.02 11:52 $ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SI{L'rE. MIHALI" pedestrians and bicycles within the front apron of the fire station adjacent to Saratoga Avenue. The property subject to the easement along Saratoga Avenue shall be marked distinctively (e.g., with colored concrete or brickwork) to distinguish the pedestrian zone from the remainder of the Fire Station apron. The District shall cover cosu associated ~00~ G.- with relocating the Memorial Arch in the Heritage Piaza to Blaney Plaza including removal, transportation, foundation construction, and installation. All costs relating to the design of Blaney Plaza and ali Blaney Plaza improvements other than the foundation necessary to support the Memorial Arch shall be paid by the City. Nothing in this agreement shall obligate the City to pay any costs that maybe associated with relocating the San Jose Water Company water line located in the alley subject to vacation proceedings. I. The Community Development Department staff shall diligently seek to expedite consideration of the District's application. Nothing herein contained shall be deemed to restrict the discretion of the City to consider such matters as maybe appropriate, provided, however, that if, as a result of the public hearing process or for any other reason, the City proposes to or makes any change in the District's application that would cause it to be inconsistent in any material respect with this Stipulation the parties shall meet and confer in good faith with the goal of resolving the inconsistency. The parties shall take the following steps to attempt to resolve any differences regarding changes or proposed changes in the application: I. The parties may agree to the proposed change or changes; 2. If all parties do not agree to the proposed change or changes, the parries shall endeavor to develop a mutually agreeable alternative for recommendation to the City Council and the District, but if no agreement is reached, either party may terminate this stipulation, and if so terminated, the stay provided in pazagraph 2 shall be dissolved. If the City approves the District's application as submitted or as modified with the consent of the District, and if the City also vacates the alley and approves the :u~ Ho. cv eo3sao ~r~cn.nnc¢~ ntun [PROrosaol oROSR SrAalLSH[NG PROCESS POR 4E2TiSMEtiT 7 43iJ~yf~i1 Oi /19/02 11:52 ~ 1C 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28~, SHli TE.MIHnLl~ moos c:' transfer of the Heritage Plaza property to the District (collectively the "Protect Aciions") then a Stipulation for Entry of final Judgement and proposed Final Judgement shall be filed with the Court within 10 days after the date on which the last Project Action becomes f nal. The Stipulation fez Entry of Final Judgement shall provide for a release of all the District's claims and relief sought against the Ciry, its employees, agenu, and elected officials and shall include the terms of this settlement agreement set forth in paragraphs five (5) through twenty-six (26) below. If the City does not approve one or more of the Project Actions then this Stipulation may be terminated at the option of either parry and, if so terminated, the stay provided for in pazagraph 2 shall be dissolved. Termination of this Stipulation and dissolution of the stay provided for in paragraph 2 shall be the sole remedy for breach of any agreement in_paragraphs 3 and 4 of this Stipulation. 5. Each paziy releases and forever discharges each other party and their respective successors, assigns, boazds, councils, departments, officials, officers, directors, employees, subsidiaries, parents, affiliates, contractozs, agenu, representatives, and attorneys (collectively, "Released Parties"), from and against any and all claims, demands, actions, causes of action, proceedings, obligations, liabilities, damages, losses, costs and expenses (including attorneys' fees and costs) of any nature whatsoever, at law or inequity, known or unknown, foreseen or unforeseen, contingent or noncontingent, which the City or the District (each a "Releaser") now has or may hold, based upon any fact, act or omission occurring prior to the date of this Agreement related to this action or in any way arising out of or in connection with: (a) the City's denial of the Application including all actions alleged in the D'istrict's claim for damages filed with the City and subsequent filings with the Superior Court; (b) subsequent acts or omissions of the City with respect to such denial occurring prior to the date of this Stipulation; and (c) the commencement, prosecution or defense of this action (collectively, "Released Claims"). 6. Each Releaser hereby waives the provisions of section 1542 of the California Civil Code, which reads as follows: .:se ra. cv eorsao srlPtn.Anari aNn [PROPOSEOI oanEa ESTABLISHING PROCESS POR SETSF.MB'NI' ~flQy~~ i 0i/19~02 11;52 SHIITE.D[IHALT aoro:ol- __ 1 A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of 2 executing the release, which if known by him must have materially affected his settlement with the debtor. 3 The parties fully understand that the face presently known to them may later be found to 4 be different and each of them knowingly and expressly accepts and assumes the risk and 5 responsibility that the facts may be found to be different. the parties further agree that, 6 notwithstanding any such differences in facts, this Agreement shall be effective in all 7 respecu in accordance with its terms. This release shall not be construed to limit the right 8 of any parry to assert any claim or cause of action arising in connection with any event, 9 fact, circumstance, or violation of law oceuniag aRer the date of this Agreement. This 10 release also shall not be construed to Iintit the rights of any party, or their members, 11 represenratives or agents, from taking positions adverse to each other on matters other I2 than the instant action. Notwithstanding any provision herein to the contrary, the release 13 and waiver and other provisions of this section shall not release or excuse any party to 14 this Stipulation from performing its respective obtigatioas under this Stipulation. 15 7. Each party to this action shall bear its own attorneys', experts', and other 16 consultants' fees and costs incurred in connection with this action, and, without limiting 27 any other provision of this section, each party fully and forever waives and releases atty 18 claims against the other parties for the recovery, reimbursement or payment of any such 19 fees or casts and any such fees or costs in connection with the negotiation, preparation or 20 implementation of this Stipulation. 21 8. Each Releasor covenants and agrees that, from and following dismissal of 22 this action pursuant to this Stipulation, it shall forever refrain from instituting, 23 prosecuting, maintaining, proceeding on, or participating in any lawsuit, action, or 24 proceeding (judicial, arbitration, or administrative) against any Released Parties which 25 azises out of, or is or may be, is whole or in part, based upon, connected with or related to 26 any Released Claims. The parties acknowledge and agree that this Agreement is a 27 complete defense to any lawsuit, action, orproceediag which may be instituted by or on 28 Cue No. CV E03510 ST~Ia.AttON AND tPROPOSEDI ORDER ES7'naLSHRJG P1tOC£$S FOR SE37Zmff.M I ~.s.J ¢lVQ~ ~^ ~~ 07 i1gi03 11:53 '8 1 2 3 4 5 6 7 8 9 10 lI, 12, 13~ 14 15 16 17 18 19 20 21 2z 23 24 25 26 27 28 Sln.'TE . MIHALl beltalf of a pazry at any time against any Released Parties wherein any Released Claims 1 are or may be asserted. 9. Subject to the provisions of this Stipulation, this Stipulation constirutes a fully binding and Complete settlement between the parties. This Stipulation includes binding contract rights and provisions. 10. The parties acknowledge and agree that this Stipulation and all further documents and actions hereunder are made in compromise of disputed claims and do not X011 0:~ constitute, and shall not be conshned as, any admission of liability or responsibility of any kind on the part of any patty to the Action or any other Released Parties. 11. The parties represent, warrant and covenant to each other that They are the ~ sole owners of the Released Claims and that they have not assigned, transferred, sold or conveyed all or any portion of their tights or interests in or to the Released Claims. Each ~ parry agrees to indemnify, defend and hold harmless the other party from and against any and all claims and demands brought by any third party claiming to have succeeded to any such rights or interests or otherwise arising out of the breach of any representation, warranty or covenant made by the indemnifying party in this Stipulation. I2. In any action or proceeding at law or in equity between say of the parties to enforce or interpret any provision of this Stipulation, each parry shall bear all of its own costs, including attorneys' and experts' fees. 13. The parties acknowledge that they have bean represented by independent legal counsel throughout the negotiations that culminated in the execution of this Stipulation. The parties further acknowledge that they have been fully advised by their attorneys with respect to their rights and obligations wader this Stipulation and understand those rights and obligations. The parties also acknowledge that, prior to the execution of this Stipulation, they and their Iegal counsel have had as adequate opportunity to make whatever investigation and inquiries were deemed necessary or desirable with respect to the subject matter of this Stipulation. 14. Any notice or communication required hereunder between any pates must c..~Tw. cv sou4o srsut.anort ratan 1PROPOSao1 oRaaR FSrnat.sttaaG PROCESS POR $E7fIPM1EN(' l U ~.f~Q:+. ~"3 ~~ 0„1gi02 11:55 '$ g 9 10 11 12 13 14 15 16i 17 28 19 20 21 22 23 24 25 26 27 28 SHL*rE.MIHALi ~Oi:'Oi- be in writing and shall be delivered personally, by facsimiles (with original forwarded by U.S. Mail), or by Federal Express or other similar courier promising overnight delivery. Notice shall be deemed to have been duly given and received: (a) when delivered if personally delivered to the recipient; (b) whoa fully transmitted to the recipient's facsimile device if scat by facsimile during normal business hours, provided such device is capable of generating a written eoafhmation of such ttanstnission and receipt and an I original is deposited in the U.S. Mail, fast class, within two (2) business days thereafter; or (c) on the first business day following delivery to an overnight delivery service, provided delivery is coafrrtned by the delivery service. Any party hereto may at any time, by giving three (3) days written advance notice to the other parties hereto, designate a new address and/or facsimile number for notices and communications pursuant to this Stipulation. If to the City: Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 With a copy Richard Taylor (which copy shall City Attorneyy not constitute Shute, Mihaly & Weinberger LLP notice) to: 396 Hayes Street San. Francisco, CA 94102 If to the District: Etnest O. Kraule Fire Chief Saratoga Fire Department 14380' Saratoga Ave Saratoga, CA 95070 With copy to: Harold S. Toppel Atkinson-Farasyn, LLP 660 West Dana Street Mountain View, CA 94042 15. This Stipulation; including all recitals hereto, constitutes the entire agreement between the parries with respect to the subject matter hereof and supersedes any and all prior oz contemporaneous understandings, negotiations, representations, promises, and agreements, oral or written, by or between the parties with respect to the Cue No. CV 803510 SIt~ULAT70N AND 1YROADSEDJ ORDER ESrnatlSHINO PROCESS FOR SE77IF1~Tir 11 QaQy~S • Oi/18%02 11:53 $ 1 2 3 4 5 6 7 8 9 10 11 12 131 141 15 16 17 18 19 20 21 22 i Z3 24 25 26 27 28 ~~ subiectmatterhereof. SIitiTE. MIHALl' 16. The provisions of this Stipulation may not be amended, modified, or X013 0,~ otherwise changed or supplemented except by a writing signed by duly suthori2ed representatives of all parties to the Stipulation. I7. This Stipulation shall be construed and enforced pursuant to the laws of the State of California. 18. This Stipulation shall be interpreted and construed in the manner best calculated to carry out its purpose of achieving a settlement of this action. As used herein: (a) the singular shall include the plural (and vice versa) where the context so requires; (b) locative adverbs such as "herein," "hereto," "hereof," or "hereunder" shall refer to this Agreement in its entirety and not to any speci£c section or paragraph; (c) the terms "include," "including," and similar terms shall be construed a5 though followed immediately by the phrase "but not limited to;" and (d) "shall" is mandatory and "may" is permissive. The parties have jointly participated in the negotiation and drafting of this Agreement, and this Agreement shall be construed fairly and equally as to the parties, ~ without regard to any rules of construction relating to the parry who drafted a particulaz provision of this Agreement. 19. If any term or provision of this Stipulation is ever determined to be invalid or unenforceable for any reason, such term or provision shall be severed from this Stipulation without affecting the validity or enforceability of the remainder of this Stipulation. 20. Each of the parties agrees to execute and deliver all further documents and to take all further notions reasonably necessary or appropriate to carry out the provisions of this Stipulation. 21. All references in this Stipulation to "days" shall mean calendaz days unless expressly referred to•as "business days." If the day for performance of any obligation under this Stipulation is a Saturday, Sunday, or legal holiday, then the time for performance of that obligation shall be extended to the first following day that is not a eve w. cv souao stt~utnnox elm trxoros~l oacsR FSTABI.ISHatG PROCE55 fOR SE77ZEMETT 12 u o;its~o3 a :sa ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i 17 18 19 20 21 22 23 24 25 i 26 27 28 sstrrE. ~ttanLl ~,oia ~.~ j SaturBay, Sunday, or legal holiday. fl 22. This Stipulation shall be binding upon and shall inure to the benefit of the parties and their respective affiliates, successors and assigns. 23. The parties represent and warrant to each other that they have taken all requisite action to approve, authorize, execute and deliver this Stipulation and that each person executing this Stipulation on their behalf has all requisite power and authority to execute this Stipulation and to bind the parties to the provisions of this Stipulation. 24. Notwithstanding any provision herein to the contrary, this Stipulation shall not be effective unless and until it is executed by all parties. 25. This Stipulation shall be interpreted and construed in the manner best calculated to carry out its purposes of achieving a settlement of this action. This Coup shall retain jurisdiction over this action until after the planning and zoning approvals and the environmental review described herein has been completed for the purpose of !enabling the parties to apply to the Court for any further orders and directions that maybe necessary or appropriate to construe, implement or enforce compliance with the terms set forth in this Stipulation. 26. Each signatory hereto represents that he or she is authorized to execute this Stipulation so as to bind the parties on whose behalf he or she is a signatory. This Stipulation maybe executed in separate counterparts. The parties shall be entitled to rely j upon facsimile copies of the parties' signatures to this Stipulation and any instrument executed in connection herewith. DATED: July 2002 DATED: July _, 2002 SARATOGA FIRE PROTECTION DISTRICT f STNULATION AND [PROPOSEDI ORDER ESTASLSHaiG PROCE59 POR SErIiPMIIPI' I3 CITY OF SARATOGA, et al. 07/19/02 11:54 '~ 1 2 3 4 5 6 7 8 9 10 11 12 13, 14 . 15 16 17 18 19 20 zl 2z 23 24 25 26 27 28 APPROVED AS TO FORM: DATED: Julyf~; 2002 APPROVED AS TO FORM: DATED: July'', 2002 SHDTE .2SI8AL7 By N1 K ST I OR Saratoga City Council SHUTS, MIHALY & WEINBERGER LLP tQ O15 Ci' By: ~ _ ~ ~"~ r- ICHARD S. TAYLOR Attorneys for Respondents and Defendants City of Saratoga, City Council of the City of Saratoga ATKINSON-FARASYN, LLP / / ~ C_.-~ sy: ~br OLD S. T $ Attorney for Petitioner and Plaintiff Saratoga Fire Protection District srrPVLnrtoN Arm ~Paotaseal oRasa ESTABLISHING PROCESS FOR SE:PnF3dENT 14 Oi/19/02 11:54 $ 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 14 20 21 22 23 24 25 26 i 27 28 SHL"I'E . MIHALT The Court, having reviewed the Stipulation of the parties in regard to ~ settlement, approves the Stipulation and enters it as an order of tho Court: DATED: , 2002 Tudge of the Superior ourt o the County of. Santa Clara PP:ISARATOOAIFDVSGtlemcatUngb001,¢1ttlemmt.v5.supd sr8ul.nnax nxn [PROPOSeo] oxDER ESTABIISRR7G PROCESS FOR SErrIFbII.'NT ]$ Bois. 01- a x,01,: U. Oi/19/02 11:54 $ SHL"PE.MIHALI' u (/., ~,Fl IS k r .~ 1 ^'yi , I ~' . •-" ~. i% 1a \~ ~_ 1^` ~ 1.~ ~r .- O ^, W ~ L Y ~ 1 4 W ~ bA V s v ~~~~ . ~~~~~ ~~~ r~., '~~~ ~: o0 v o ~ v O V~ / im ~ V •~~ H ~~ V9 ~ ~ i c ~ ~ a~ ~ ~ y ~ O ~ ~ ~ .~ ~; ~ ~ ~ .., `~ ~ _ ~ V ~ Q F el r.L:j •~ L tQ •Y~ Q. v .~ ~ a ~ ~ a ~ ~ ~ cn O i N N L .... CL LL =a: t~ ~+ { ~~ ;; ~, ~~ :, ;• !}aQ~.O 10/02/02 15:50 FAX 5102865513 TRANS PLANNING B STATE OF CAi iFORNLA BUSI T AN PORTATION ANA ROUSING AGENCY .DEPARTMENT OF TRANSPORTATION P. O. BOX 23660 OA'I~ AATD, CA 94623-0660 (510)286-4444 (510) 286.4454 TDD October 2, 2002 Assistant Chief Gordon Duncan Saratoga Fire District 14380 Saratoga Avenue Saratoga, CA 95070 Dear Assistant Chief Duncan: Attachment 6 Plex your power! Be energy e/f dent! SCL-9-7.40 SCL009094 SCH 2002082090 Saratoga Fire Station -Initial Study/ Mitigated Negative Declaration Addendum (HIND) Thank you for including the California Department of Transportation (Department) in the environmental review process for the proposed project. We have reviewed the MND and have the following comments to offer: Pedestrian Re uQe Island The site plans do not show whether there is an existing refuge island at the State Route 9 (Saratoga-Los Gatos Road) southern median, to aid and protect pedestrians crossing the roadway. If a refuge island is not akeady included in the project, the project sponsor may want to consideration adding it, depending on the width of State Route 9. Encroachment in State Ri~o,[Way Since the project is proposing to re-stripe a crosswalk and reconstruct a curb return within State right-of--way (ROW), an encroachment permit will be required. To apply, a completed encroachment pemlit application, environmental documentation, and five (5) sets of plans (in metric units), cleazly indicating State ROW, need to be submitted to the following address: Mr. Sean Nozzari, District Office Chief Office of Permits California Department of Transportation, District 04 P. O. Box 23660 Oakland, Ca 94623-0660 • In addition to the information above, during the encroachment permit application phase please provide justification for a new striped crosswalk (Mitigation VI.2) and show details of this crosswalk. "Ca[trans improves mobility across Cali/ornia," ~~~i~R • 10/02/02 15:50 FAA 5102865513 Assistant Chief Gordon Duncan/ Saratoga Firc DisMc[ October 2, 2002 Page 2 TRANS PLANNING B 0003 We look forward to receiving a copy of the response to our comments when it is completed. Should you require further information or have any questions regazding this letter, please call Maij a Cottle, of my staff at (510) 286-5737. Sincerely, ~, ~ ~.r~ TIMOTHY C. SABLE District Branch Chief IGR/CEQA c: Katie Shulte Joung (State Clearinghouse) °Caitrans improves mobility across California" d~`~?f~:.~2 10/02/2002 01:06 408-741-8927 ~ SKIING FOR SMARTE Attachment 7 Qctober 2, 2002 • City of Saratoga Planning Commission ["the Commission"J Attention: Mr. John F. Livingston, Associate Planner 13777 Fzuitvale Ave. ~')EtA.NS1~D $X FACSIMILE Sazatoga, CA. 95070 (408) 868-1269 FAX (408) 867-8555 lZe: Saratoga Fire District ~`SFD"] Application No. 02-176 [Reconsideration of DR-Ol- 00b, UP-O1-002, LL-O1-003 & TUP-Ol-003] - (4380 Saratoga Ave., Saratoga, CA. ["the application"J -October 9, 2002 Commission Hearuag Dear IVIr. Livingston: As a result of our telephone conversation of this morning, please include this letter in the packet of materials submitted to the Commission with respect to the application. Introduction: I object to the application for two reasons: the SFD's failure to incorporate use of the former Contempo Realty Building; and, the aesthetic design elements associated with the proposed reconstructed fire station. Page 000004 of the Staff Report accurately recites, "...the [City] Council referred the project [back to the Commission] with direction that the [SFDJ revise [its] application to genezally conform to • `Scheme A' as described in the Settlement Agreement and [it directed] that the Planning Commission review the [application] to ascertain [and ensure] its general conformance with 'Scheme A' and the settlement agreement..." Page 41ine, 24-Page 4, line 5 of the settlement agreement states as follows: "...The City Council shall entertain a motion for reconsideration of its [former] denial of the Application... The motion for reconsideration will propose that the City Council... direct the [SFDJ to return to the Planning Commis- sion with a modified application consistent with the Ad Hoc Committees "Scheme A' [asJ modified... and direct the Planning Commission to review the design for general conformity with `Scheme A.' A copy of `Scheme A' is attached as [an] Exhibit... and [itJ is hez•cby incorporated by reference..." Page S, lines l l- ofthe settlement agreement states as follows: "...the [SFDJ will develop plans for a fire station based on the Ad Hoc Committee's `Scheme A'..." A synopsis of the Ad Hoc Committee's "Scheme A" is set forth at page 4 of its April 17, 2002 report. Simply stated and izzsofar as the application is concerned, it recommends inclusion of the fol- lowing design elements: 1. Additional Sk'D support space to be located in the former Contempo Realty building; and, 2. Seismic upgrading/remodeling ofthe former Contempo Realty building so the SFD can use it as support space and as a temporary fire station during constnzctaon. ~QQi~J 10/02/2002 01:08 408-741-6927 SKIING FpR SMARTEN PAGE 02 Notwithstanding the foregoing, page OOOOtx'Ytir£the SfaffReport recites, "...The [SFD] proposes to sell a portion of the [former] Contempo jRealty Building] property to the Federated Church.:." after the building itself has been raced. - Simply stated the application is neither in coiifarmity with "Scheme A," the settlement agree- ment [which explicitly incorporates "Scheme A" by reference] nor the City Counci]'s direction to the Commission that it ensure "...general conformance i~tth `Scheme A' and the settlement agreement..." When I raised the deficiencies of the applieatibn to staffl.wastakd the settlement agreement does not compel the SFD to strictly adhere to the recomrrieitdations made the subject of "Scheme A." I disagree. Although page 7, lines k3-l S of the settletnesnt agreement states that if the City proposes changing any of the above-factors over the SFD's objection either party may terminate it, insisting the SFD use the former Contempo Realty Building as a temporary fue station and as additional support space constitutes no change. Why It's Important the Sl~~ be Required to Use the Former Contempo lKeakty Building: There are four reasons why the SFD must be compelled to incorporate its use of the former Contempo Realty Building into the application. First, this is what it agreed to in the settlement agreement. Second, this is what the City Council directed the Commission to approve. Third, the size and bulk of the current proposed fire station has increased dramatically to make up for the deficiency. The fire station square Footage proposed by the application now totals 15,234 on a • 9,274 square foot parcel. Unbelievably this is even more square footage than was proposed in the SFA's original development application) Although technically there may be no formal floor area ratio limita- tion, more square footage translates into greater bulk and over encumbering of a ry sensitive noncon- forming building site. By transferring square footage from the fire stationproper onto the former Contempo Realty Building site as "Scheme A" contemplates, the Commission can mitigate the massive- ness of the fire station proper and comply with the City Council's directive. Additionally it can further mitigate the traffic flow deficiencies presented by the fire station proper design proffered. Finally, the residents of the SFD have been terribly deceived by its misrepresentation of the alleged need for acquisition of the forrrrer Contempo Realty Building and we are the ones who have paid for it. The Bond measure which was intended to ;fund constzuction of the new fire station did not state the monies generated would be used to condemn and acquire the former Contempo Realty Building. Xet well over $2 million has been spent to acquire this alleged "necessary fire station property" and as a result of a successful appeal by its former owner, it is likely the final cost will total over $3 million! Buz now the application tells us the former Contempo Realty Building is going to be razed meaning its acquisition was necessary for what purpose? A parking lot? Although the application states a portion of the former Contempo Realty Building will be sold to its neighbor the Federated Church, the SFD has confirmed there is no agreement in place as and for its sale! Even if there were it is extremely urilikely a non-profit church will pay the SFD anything close to the more than $3 million it wdl have invested in its acquisition for what amounts to another parking lot for it to use, 1£ indeed the SFD's acquisition of the former Contempo Realty Building were neces- sary, it should be compelled to use it. flit was not, it should be compelled to resell it in the improved condition received [its highest and best use] to recoup the public's monies which have been spent on it. dpa~ :.~4 SKIING FDR SMARTEN PAGE 03 10/02/2002 01:08 408-741-8927 Although at first blush the Commission may conclude these issues are not technically design concerns; given they were legitimate City Council development concerns and the Council has directed the Commission to incorporate the upgrading and use of the former Cotrtempo Realty Building into the application; they are concerns the Commission must consider. The Structure°s Resign is NOT Compatilslt With the Surrounding Neighborhood: Lest not the Comrission forget the subject site is one of the rtzcsst visible and sensitive in aTl of Saratoga as it highlights the entrance to our Village. Rather than focusing on the Federated Church remodel AROJND THE CORNER [i.e., mostly facing Oak Street] from the subject development, the Commis- sion should be concentrating elsewhere when it comes to considering neighborhood "compatibility," How compatible is the proposed development with the small, flat roofed, single story post and sheriff's offices next stare? What about the .Federated Church',s administrative offices just to the north of the Sheriff's Office? What about the three office buildings across the street and to the north of Saratoga-Los Gatos Road [i.e., fronting Saratoga Ave.]? What about the condominium complex adjacent to these office buildings? What about the design elements of the buildings across Saratoga-Los Gatos Road at the entrance proper to the Village? What about the wood exterior Foothill Club building around the corner [which interestingly is also a much different rulia Morgan design]? I do not feel a Spanish Mission file rooftype designed building is compatible with the surround- ing neighborhood. Furthermore, I feel it continues to accentuate rather than mitigate the proposed fire station's mass. I would personally rather see an exterior wood design. Conclusion: When the SFD's initial application came before the Commission 1 had many addi- tional concerns. Many have been addressed and mitigated by the setktement agreemexrt and the Ad Iloc Committee's "Scheme A." We're now down to two in my mind; the massiveness of the fire station proper (which can effectively be mitigated by the SFD's use of the former Contempo Realty Building], and its aesthetic exterior design [Spanish Mtssion]. X aslc the Commission to defer final action on the application directing the SFD to address both of these concerns. I thank the Commission for its collective courtesies, consideration and assistance with respect to this important commuxuty development decision and, AI,I~/a V Q~.c~S P.O. Box 116 Saratoga, CA. 95071-0116 (403)741-1008 (408) 741-8927 e-mall ~ sn:arten~skitrips.Ytet THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK r Q~f2~~6 Saratoga Planning Commission Minutes of October 9, 2002 Page 9 of the City's Arborist regarding impacts on the tree canopy, fire access and off- street parking; t^r1 • An effort shall be made to reduce the impervious coverage; • An Appropriate landscape plan and tree screening for the front of the property ~ ~ to screen the house from Pierce Road shall be brought back to the Planning Commission together with the driveway design; and • A reduction in the front entry height to 16 feet. U by the following roll call vote: ~ AYES: Barry, Garakani, Hunter, Jackman, Roupe and Zutshi ~ NOES: Kurasch ABSENT: None ABSTAIN: None +** Chair Jackman announced that she would have to recuse herself from Item No. 2 since she lives within the notification area. She turned the gavel over to Vice Chair Kurasch at 8:17 p.m. PUBLIC HEARING -ITEM N0.2 APPLICATION #02-176 (Reconsideration of DR-O1-006, TUP-Ol-003, UP-O1-002 and related applications) (APN's 397-22-017 397-22-019 397-2-015 397-22-012 & 397-22-042) - SARATOGA FIRE DISTRICT, 14380 Saratoga Avenue and 20473 Saratoga-Los Gatos Road: Request for Conditional Use Permit, Design Review, Lot Line Adjustment and General Plan Conformity Determination for vacation and abandonment of George Whalen Way (City alley located behind the existing fire station) and transfer of Heritage Plaza property from the City to the Saratoga Fire Protection District for a new fire station with variations to setback and landscape standards. Existing fire station and building at 14380 Saratoga Avenue proposed to be demolished, temporary facilities proposed to be located at 20473 Saratoga-Los. Gatos Road during construction of new fire station proposed for 14380 Saratoga Avenue. (LIVINGSTONE) (Continued from 9/25/02) Associate Planner John Livingstone presented the staff report as follows: • Advised the audience that copies of the report are available in the lobby. • Gave a rundown on the process to date. • Said that Council denied an application to build a new fire station on September 5, 2001. • Reminded that Council initiated a collaborative planning process by forming an Ad Hoc Committee consisting of representatives from Fire, the Sheriff's Office, County Communications, the Post Office, Federated Church and representatives from the Planning and Public Safety Commissions. • Reported that on July 17, 2002, Council approved a Settlement Agreement with the Fire District and that on August 7, 2002, Council approved sending the project back to the Planning Commission for review. • Advised that the Planning Commission is to review the project for general conformity with Scheme A. • Describe the plan to demolish the existing Contempo site building. • Said that Code requires one parking space for each employee or 24 pazking spaces for this project. Eighteen aze provided on site and six off site. The Fire District proposes to sell a portion of the Contempo site to Federated Church with an easement for use of six spaces. Said that 18 parking Saratoga Planning Commission Minutes of Octob;r 9, 2002 Page 10 spaces are provided on the Fire District property with 10 public pazking spaces, which would be controlled by the City. • Mentioned the Public Works Director's memo, which outlines three pazking and circulation scenarios. • Stated that staff is recommending Scenario 1-A from that memo, which is a full circulation plan. • Advised that the Post Office has not yet approved this newest proposal so staff is recommending that all three options be ranked in the event that this one does not prevail. • Pointed out that a desk item was distributed with the Parking Plan proposed by the City's consultant. • Assured that the five pazking spaces in front of the Post Office have not been affected. • Said that restriping along Sazatoga Avenue will only slightly change centerline by one foot or less. • Said that the Consultant is recommending the move of the pedestrian walkway, which staff supports. • Advised that a Mitigated Negative Declaration has been prepazed and approved by the Fire District. • Recommended approval of the Design Review and Conditional Use Permit applications, [he vacation of the right of way (George Whalen Way), the transfer of Heritage Plaza property and acceptance of two easements. Commissioner Roupe inquired if there is actually enough information to approve Scheme A. Associate Planner John Livingstone replied yes. He added that the Settlement Agreement further outlines the plan. Commissioner Hunter asked if the sidewalk on Saratoga would remain. Associate Planner John Livingstone replied yes. The pedestrian walkway will be moved further away from the roadway for added safety. Commissioner Hun[er asked for clarification on the widening of Saratoga Avenue. Associate Planner John Livingstone replied that the roadway would be striped differently. Acting Chair Kurasch pointed out the various pieces of correspondence received as desk items. Commissioner Barry asked why better neighborhood involvement was not achieved. Associate Planner John Livingstone advised that staff noticed the neighborhood on September 15`h, which was 10 days prior to the September 25`h meeting. Commissioner Barry said that she would like to question a Traffic Engineer on the room needed for the two-way circulation scheme. Acting Chair Kurasch pointed. out the newest memo from Fehr & Peers, stating that the current plan does not address concerns about left turns from Highway 9 or left turns from Saratoga onto the alley. • Associate Planner John Livingstone said that the Public Works Director is recommending the painted island on Highway 9 is shortened to allow a left tum pocket. Saratoga Planning Commission Minutes of October 9, 2002 Page 11 Acting Chair Kurasch questioned the provision of construction parking. . Associate Planner John Livingstone said that the applicant did add to the back of the plan set a construction plan. Additionally, staff has added a Condition that does not allow construction vehicles and/or employees to park off site. The applicant will have to be creative. Acting Chair Kurasch reminded of the request from the last meeting to include: a review by Caltrans of the proposal; a Survey of the property; revised plans for the net site area; documentation of Caltrans support and a San Jose Water verification of cooperation. Commissioner Roupe pointed out pages 4 and 5, items 1 to 9. Acting Chair Kurasch stressed the need to obtain verification of the agreements to be made. Commissioner Barry stated that the letter from Caltrans does not appear to be a vote of confidence for the traffic scheme. Associate Planner John Livingstone: • Said that a survey was done to try to clarify lot coverage and was stamped by a licensed land surveyor. • Stated that Public Works would work with Caltrans on the intersection, right turn lane and encroachments of driveway entrances. The fire access/apron off of Saratoga Avenue is not looked at by Caltrans. Acting Chair Kurasch questioned the logic and reasoning for leaving the plaza and monument in place during construction. Associate Planner John Livingstone said he was not sure. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 2 at 8:42 p.m. Chief Ernest Kraule, Saratoga Fire District: • Reminded that two weeks ago, they received directions from the Planning Commission. • Advised that they have met with staff and made revisions. • Agreed that they do not have much room but they have made the best use of space. They are trying to work through the process to replace this building. • Said that the bond issue was passed in Apri12000 and that this has been a long drawn out affair. • Advised that his job is to replace a worn out fire station. • Pointed out that there has never been an accident or even a close call when leaving the site. Ms. Mary McGrath, Consultant to the Saratoga Fire District: • Stated that she has received the letter from the Neighborhood Association, has brought forward a new color board and has letters from the Federated Church, agreeing to provide six parking spaces, and Caltrans, with their review and comments. . • Described Phase I to now include the move of the arch, the demolition of the Contempo building and closing the alley. Phase II will include modifications to Saratoga Avenue and Highway 9, landscaping the pedestrian plaza and reconfiguration of traffic. Sazatoga Planning Commission Minutes of October 9, 2002 P3~e 12 • Advised that setback variations are required and assured that lot coverage is 30 percent maximum. • Said that the azchitectural style is intended to compliment the Federated Church, using a Julia Morgan style. • Pointed out that the apron azea is 64 by 60 feet and could be used by the contractor during construction as a layout area. • Added that a newsletter will be sent to the neighborhood about construction activities. • Discussed site circulation and advised that they had revised their plan to relocate the drop boxes more to the north of the alley. A two-way 24-foot wide entrance will come off Sazatoga. Commissioner Zutshi asked Ms. Mary McGrath whether the Post Office has approved this newest circulation plan. Ms. Mary McGrath replied not in writing. They have the verbal agreement as long as the five spaces on Saratoga are retained. The Post Office representative at the last meeting expressed this intent. Commissioner Barry stated that the Post Office must clearly specify what they are approving. Acting Chair Kurasch asked about the plan for pass through traffic associated with off-site circulation. Ms. Mazy McGrath said that the plan provides adequate pazking for the Fire District. They have worked with Federated Church for the placement of six pazking spaces for Fire use. These spaces are accessed via Park Place. Stated that this plan will remove traffic from Park Place. Commissioner Roupe asked when the gate on the church lot is closed. Ms. Mary McGrath stated that Arvin Engelson would address this issue. Commissioner Garakani reminded that the church site is not under consideration tonight. Commissioner Zutshi pointed out that the layout includes parking during construction on church property. Ms. Mary McGrath reiterated that no on-street parking will be allowed for construction vehicles. Instead the apron area will be used. Mr. Hal Toppel, Attorney for Sazatoga Fire District: • Assured that there is plenty of room on site for vehicles, equipment and materials storage. • Said that the contract with the contractor will require that all construction vehicles and workmen park on site. This would include a contractual obligation that Park Place not be used to travel to and from the site. • Said that while they hope to.have an agreement with the church for the sale of property, if it does not happen, the District would own the property. • Stated that problems have been addressed and that even once the facility has been completed, the rules remain in effect. • Said that they have met with City staff on other issues and worked them out, including responsibilities for improvements to the intersection. Sazatoga Planning Commission Minutes of October 9, 2002 Page 13 • Stated that the conditions are acceptable and that they are willing to go forwazd and that it is appropriate to go forward. • Advised that they will need encroachment permits from Caltrans that that they don't expect problems. • Made himself available for questions. Commissioner Zutshi asked staff for the height limitations for construction enclosures. Associate Planner John Livingstone said that he did not have that information. Mr. Don Whetstone, 14768 Vickery Avenue, Sazatoga: • Described the Negative Declaration prepared as being both vague and opaque. • Stated that the Village Green Homeowners' Association had a relationship with the Ad Hoc Committee. Scheme A is not the work of the Ad Hoc but rather of the Fire District. It does not represent a collaborative effort. • Expressed problems with the elimination of setback requirements as rules need to be enforced. • Said that the proposed staging plan on the apron could result in trucks backing out onto Saratoga Avenue and that this area is not lazge enough to serve as a staging azea. • Said he is concerned about encroachment into his parking. • Stated that the temporary emergency response path is unworkable and not okay. Acting Chair Kurasch asked for Mr. Whetsone's opinion on the pazking, both during construction and permanent. Mr. Don Whetstone said that it appeazs construction parking is non-existent. Added that if this site were developed with an office building of the same size, 62 pazking spaces would be required. Mr. Arvin Engelson, 20381 Seagull Way, Saratoga: • Identified himself as a representative of Federated Church. • Said that he can address a couple of issues raised. • Said that the intended use of the Contempo site by the church is for parking. • Added that the church is actively interested in that part of the agreement. • Said that they recently remodeled and are trying to reorient pedestrian access to the rear of their building whereas previously 70 percent accessed from the front. • Stated that if they aze able to acquire this property, they would be happy to accommodate six spaces for parking by Fire at shift change. • Assured that the church shares the interest in preventing the use of their parking lot as a cut through for traffic. Acting Chair Kurasch asked how close the church and Fire District are to an agreement. Mr. Arvin Engelson said that a value has to be established and that an appraisal is underway. The church is willing to pay market value and there is an internal process whereas the church will have to have a meeting to decide on the purchase. Commissioner Garakani questioned whether the sale of this lot will result in anon-conforming lot. Sazatoga Planning Commission Minutes of October 9, 2002 Page 14 Mr. Arvin Engelson said that it is his understanding that the parcel would be merged with the church parcel. Commissioner Garakani asked if there is a guarantee that the lot would only be used for parking rather than being developed. Mr. Arvin Engelson said that they would enter into whatever agreement is necessary. Director Tom Sullivan pointed out that minimum lot sizes in the area are 12,000 square feet. Commissioner Roupe clarified that a lot line adjustment would include this parcel into the overall church property. Associate Planner John Livingstone added that it would be connected legally to the fire station lo[ for the provision of parking spaces. Mr. Arvin Engelson stated that this has been a very public process and that they aze looking at ways to improve relationships with the neighbors. This is such an opportunity. Mr. Aaron Katz, Bohlman Road, P.O. Box 116, Sazatoga: • Advised that he owns property a block and a half away. • Stated that he has no hidden agenda and is prepazed to speak objectively. • Said that he does not believe that the Contempo property will be demolished. • Declared that taxpayers paid $3 million for this property and it will be sold to the church for next to nothing. • Said that since 8,000 squaze feet of the new building is being dedicated to support services, adding a second floor to the Contempo building could accommodate those support services. • Asked that careful study be done and to stop rushing. • Stated that the process needs to be slowed down and other options investigated. • Questioned the plan to demolish both buildings and install a temporary station. • Asked the Commission to read the Settlement Agreement cazefully. Ms. Denise Michel, 20375 Park Place, Saratoga: • Identified herself as a Co-President of the Village Green Homeowners' Association. • Said that this residential street is very concerned with cut through traffic. • .Declared that the development of this plan and Use Permit application has been a deeply flawed process. • Added that while the Fire District worked out their plan with the Post Office and Church, the Village Green Homeowners' Association was not called. • Stated that the District failed to adequately inform them of the process. • Reminded that the Village Green Homeowners' Association had commented on the previous plans extensively and provided detailed testimony of its concerns at previous public meetings. • Added that the Fire District was instructed by Council to work with the neighbors but the District chose not to include us. • Said that the plans were not shown in advance and that the only reason she has the plan at all is that she called the City Manager last week and learned at that time of the pending Public Hearing. • Stated that most residents were not aware of this meeting until October 7a' or just two days ago. Saratoga Planning Commission Minutes of OctoFer 9, 2002 Page 15 • Stated that six months ago, there was a commitment made by the City for them to be kept involved. Fire and City staffs have dropped the ball. • Declared this project too important to rush through. Commissioner Roupe asked staff about noticing. Associate Planner John Livingstone provided an affidavit for the noticing sent out on September 13, 2002, which included 20375 Park Place. Ms. Denise Michel stated that she did not receive it. Added that for six months the City staff excluded the Village Green Homeowners' Association and made it too hazd. Commissioner Zutshi asked what Ms. Michel means. Ms. Denise Michel said that the City did not contact them and did not involve them in the plans. Commissioner Zutshi asked about involvement in the Ad Hoc Committee. Ms. Denise Michel advised that the work of the Ad Hoc Committee ended in April. Until that point, she had served as a representative on that Ad Hoc Committee. Commissioner Garakani asked about the letter from the Village Green Homeowners' Association. Director Tom Sullivan advised that the message was forwazded by email to each Commissioner. Acting Chair Kurasch asked about the testimony given before Council. Ms. Denise Michel stated that the issues raised have not yet been addressed. Commissioner Roupe asked Ms. Michel what problems she has with the new proposal. Ms. Denise Michel said that 50 to 70 percent of the traffic speeds near the Saratoga-Los Gatos Road proposed entrance. Commissioner Barry: • Thanked Ms. Michel for her comments. • Pointed out that extensive efforts were made to involve everyone in the Gateway project and that she is unsure why similar efforts were not made by the Fire District to include the residents in the review of this project. • Pointed out that staff is simply responsible for mailing out Public Hearing notices. • Stated that she is not happy that the Village Green Homeowners' Association was not included in project review and that she believes the plan should be studied with these neighbors. Commissioner Garakani said that he supports neighborhood involvement eazly in the design process. Asked staff when the Village Green Homeowners' Association memo was emailed to the Commissioners. Saratoga Planning Commission Minutes of October 9, 2002 - Page 16 Ms. Denise Michel stated that the email was sent to the City on Monday, October 7`h. Added that they . had been involved in the review process for one year, until April when the Ad Hoc Committee concluded its work. Mr. Bob Egan, 14890 Montalvo Road, Saratoga: • Identified himself as the Chair of the Fire Committee for the City of Sazatoga. • Said that he has met with the City Engineer, City Manager, City Attorney and Council Members. • Advised that Saratoga Avenue will not be widened but rather restriped. This will have no impact on the five Post Office parking spaces along Saratoga. • Stated that parking on the property has been resolved and that emergency response can get down the alley and/or exit onto Highway 9 in the event that the Sazatoga exit could not be accessed. • Said that Denise Michel had called to set a meeting but they were unable to meet today, which he regrets. • Said that Council and the neighbors raised three issues. • One, to eliminate the cut through traffic through the neighborhood. Added that the Fire District can only control fire traffic. • Two, to prohibit the use of the Village Green neighborhood for parking. Said that they have notified Fire personnel only to use designated Fire pazking spaces. • Three, to preserve the historic integrity of the neighborhood. • Stated that the contractor will be charged with keeping construction parking and traffic off of the neighborhood streets. • Added that he often is questioned by citizens as to why the new station is not yet built. • Urged approval. Acting Chair Kurasch stated that she is having a hard time understanding exactly what is the construction phase parking and material-staging plan. Mr. Bob Egan reminded that the contract for a contractor is not yet out. Added that no construction would begin until the slab has been poured and cured. Commissioner Barry said that one problem she sees with the construction staging plan is that the applicants are only saying what they will not allow rather than what will actually be done. Added that the neighbors want answers to that question. Mr. Bob Egan said that they could tell people not to park on the neighborhood streets. Commissioner Barry asked where they would be able to park. Chief Ernie Kraule said that if they have to transfer construction workers to the site with a plan like Our Lady of Fatima recently prepared, bringing them from West Valley College, they would make such arrangements. Commissioner Barry cautioned that such arrangements have to be made first. The proposal tonight is not enough to satisfy concerns. Added that West Valley College neighbors would have to be dealt with too. Saratoga Planning Commission Minutes of October 9, 2002 Page 17 Commissioner Hunter stated that the trust issue must include a leap of faith that Fire will take community interests into consideration. Commissioner Roupe stated that he tends to agree and can assume that they will enforce their contractual agreements. Chief Ernest Kraule assured that he will be involved with this project until it is finished. Mr. David W. Dolloff, 20685 Seagull Drive, Saraoga: • Identified himself as a member of the Ad Hoc Committee. • Said that as a point on the lack of notification, no member of the Ad Hoc Committee received notification of this evening's meeting. He found out from Don Whetstone, who lives within 500 feet and therefore received notification. • Said that a major concern is the need for written statements from all parties verifying that they will cooperate with the process and design. • Cautioned that the Post Office has not yet agreed and that nothing can be approved until they do. • Pointed out that hundreds of hours have been put into this project. • Suggested that the Commission not take a leap of faith with these people. Ms. Meg Caldwell, 20201 La Paloma Avenue, Saratoga: • Distributed a written statement from Mr. Dave M. Solomon. • Identified herself as the second Co-President of the Village Green Homeowners' Association and will try to respond as well as she can to issues raised tonight. • Stated that the circulation of vehicles has not yet been adequately addressed. • Pointed out that the Village Green Homeowners' Association is a fairly reasonable group of people with a demonstrated ability to work out issues and come to agreement. Such was the case four yeazs ago when Pinn Brothers was developing neazby as, well as with Federated Church. • Added that they aze feeling like the "odd man out" in this situation since the conclusion of the work of the Ad Hoc Committee. • Stated that the construction phase will have an enormous impact on their neighborhood. • Disagreed with the Draft Mitigated Negative Declaration's contention that all impacts have been fully mitigated. Rather real plans for mitigation are needed with public input. Mr. Brian Rosevear, 20283 La Paloma Avenue, Saratoga: • Said he is a graduate of Cal Poly with a degree in Architecture. • Stated that he is a contractor and has lots of issues with the staging for this project. • Said that it is important to have a clean access point. • Pointed out that before the pad can be poured, the basement will be dug and electrical and plumbing installed. • Said that the neighborhood has not been given the opportunity to provide adequate input and issues need to be worked out before this goes forward. Commissioner Barry asked Mr. Rosevear if he has experience with such projects. Mr. Brian Rosevear replied yes. He has constructed in San Francisco, including schools and office buildings. Saratoga Planning Commission Minutes of October 9, 2002 Page 18 Commissioner Barry asked Mr. Rosevear if, in his opinion, significant problems will be raised in managing this construction site. Mr. Brian Roseveaz stated that these answers are needed up front. There will be over 200 trucks coming and going from this site and people want to know where they are going to go. Commissioner Garakani asked Mr. Rosevear if he has. issues with the building beyond the construction phase. Mr. Brian Rosevear replied that it is his personal opinion that this building is too big for its site. Mr. Ed Farrell, 20877 Kittridge Road, Saratoga: • Expressed concerns over parking. • Pointed out that when Council overturned the Planning Commission approval for the firehouse, two Commissioners supported overturning the approval. • Suggested that the Commission looks at the 24 pazking spaces cazefully and asks the applicants to count out the spaces. • Reminded that the Post Office owns some of the parking and the fact that the Sheriff's office is leaving is something that should be verified. • Suggested that this is some sort of shell game when considering the spaces for shift change parking. • Cautioned that there would be some overlap. • Questioned the reasoning for selling off 40 percent of the Contempo site and proposed that it should be kept for additional parking. • Stated again that he wants to see a final count of pazking. • Said that neither the Post Office nor Caltrans has yet approved this project and that this project should be contingent on Post Office and Caltrans actions. • Thanked the Commission for its attention. Mr. Victor Monia, Granite Way, Saratoga: • Said that while it is nice to talk about the good intentions of the contractor, he has 25 years of experience working with contractors. • Challenged the Commissioners to provide their home phone numbers so that area residents can call them when on one else is azound to deal with problems from this site. • Stated that in the real world, no one is azound to receive complaints at 6:30 in the morning. • Called this project the "Dolly Parton Projec[" with too much Dolly for too little dress. • Said that there is no entitlement to build this building on this site so they must use the Use Permit process to accommodate it. • Declared that this is not a good site. • Asked the Commissioners to be leaders, to have courage, to tell them no, to do the right thing or find a site that works. • Offered as a suggested alternate site the land between the library and church with this proposed site being turned into a pazk. • Stated that this project is not fair. • Expressed support for a good firehouse in a place that is both proper and good. Mr. John Thomas, Traffic Engineer, Caltrans: • Advised that he was asked to speak by Commissioner Barry and the Fire District. Saratoga Planning Commission Minutes of October 9, 2002 Page 19 • Said that the plan for a signal at Oak does not qualify and Caltrans would not approve it as it is too close to the signal at Saratoga. • Added that an emergency signal could be installed. • Pointed out that Highway 9 traffic is too heavy to allow left turns onto this site. Commissioner Barry expressed concerns about the travel path from the fire station to the Oddfellows site and.asked Mr. Thomas if he were the engineer who prepazed a study for the Ad Hoc Committee. Mr. John Thomas replied no. He added that he did give email comments on the study. Commissioner Barry asked Mr. Thomas for his opinion on the location of the fire station. Mr. John Thomas declined to give an opinion. Director Tom Sullivan advised that a proposal for a signal at Highway 9 and Oak is not a part of this application. Commissioner Kurasch asked if there is an advantage to having an emergency signal installed. Mr. John Thomas advised that the Fire Department has control of the signal now. Commissioner Kurasch expressed concerns about the 12-foot wide alley for an exit. Mr. John Thomas agreed that it is narrow. Mr. Reese Williams, 20119 Knollwood Drive, Saratoga: • Identified himself as a 34-year resident and native of Saratoga and member of the Ad Hoc Committee. • Stated that he is deeply interested in this project and that there has been a tremendous amount of community involvement. • Pointed out that many changes will occur outside the scope of this project. For example, five spaces for the Post Office off of Saratoga Avenue. • Said that strong support is expressed for a new fire station. This project has been well thought out and has a creative design. The phasing and circulation has been well put together. • Stated that this will be a civic cornerstone building for all Saratoga to be proud. • Pointed out that Council adopted the Scheme A proposal. • Advised that sleeping accommodations are not a support function but rather aze an essential operational function. • Said that the process has been open and that communication is a two-way street. Mr. Ron Vega, Assistant Fire Chief, Saratoga Fire Department: • Discussed the traffic flow during and after construction. • Assured that they have a standing policy not to use the Village Green neighborhood. • Said that all their traffic flows on major roads, Big Basin, Saratoga and Highway 9. . Commissioner Barry: • Pointed out that the Bond Issue was originally intended to make the station earthquake safe. Saratoga Planning Commission Minutes of October 9, 2002 Page 20 • Asked Mr. Vega whether Fire is building a station for yesterday and today or for tomorrow. • Asked what the future will be for a regional fire plan. • Questioned how this plan accommodates the ability to fight a major Hillside fire or other such major disaster. Mr. Ron Vega replied that the plan is for tomorrow. Added that it includes increased staffing and vehicles. The whole plan is to provide the best public safety services possible. Commissioner Barry expressed doubt that the necessary equipment is in place to fight Hillside fires and other major disasters. Mr. Ron Vega pointed out that there would be a new patrol fire apparatus for those types of applications, a new fire aerial truck. The whole plan is based on future fire service delivery. Acting Chair Kurasch called for a break at 10:40 p.m. Acting Chair Kurasch resume the meeting at 10:50 p.m. Acting Chair Kurasch summarized the letter delivered this evening on behalf of Mr. Dave Solomon 20393 Park Place, Saratoga, expressing support for the construction of a new fire facility with some concerns about cut through traffic and circulation. Mr. Hal Toppel, Attorney for the Fire Department: • Summarized the three categories of concern: the impact of construction on the neighborhood, Caltrans and Post Office arrangements. • Stated that all three areas can be addressed with Conditions. • Suggested a Condition that the District, in collaboration with the Valley Green Homeowners' Association, develop a construction staging and traffic pan. • Suggested a Condition that requires the District to obtain all necessary encroachment permits from Caltrans... • Suggested a Condition requiring the District to obtain an easement from the Post Office. If it is not possible, an alternative plan would be required. • Stated that they have come up with plans that addressed all the Village Green Homeowners' Association concems. • Added that he has heard no complaint from them on the project itself. • Stated the need to move forward. • Urged the Commission to take action tonight. Acting Chair Kurasch questioned how to deal with two separate parcels with perhaps a covenant to restrict them. Mr. Hal Toppel said that there are two types of agreements. One to restrict the use of the Contempo lot strictly for parking and another for the permanent dedication of 10 spaces for public use. • Acting Chair Kurasch asked Mr. Toppel whether the Fire District is agreeable to meeting with the Village Green Homeowners' Association. Saratoga Planning Commission Minutes of October 9 2002 Page 21 Mr. Hal Toppel replied yes. Commissioner Garakani pointed out that parking concems have been addressed quite a lot. Wondered why the Contempo property should be sold. Mr. Hal Toppel advised that the sale of the Contempo property to the church makes parking possible. Commissioner Garakani again asked why sell the property at all. Mr. Hal Toppel: • Reminded the Commission that the project has sufficient parking. Added that the new station has been setback so that trucks can back into the station. Said that the area with a zero setback faces onto a pazking lot. Said that they are both trying to solve the neighborhood problem and generate money to finance the project: Acting Chair Kurasch said that without the sale of the Contempo property the fire station would have more parking. Commissioner Garakani said that he has concerns about parking lot circulation. Mr. Hal Toppel pointed out that the more challenging pazking spaces are restricted spaces with posted signs while the public parking is easily accessed. Commissioner Zutshi asked why not keep the Contempo building during construction of the new fire station. Ms. Mary McGrath advised that they solicited construction bids to renovate the Contempo building for temporary use as a fire station. The cost of $220,000 was $40,000 more than the cost of demolishing the existing Contempo building and installing leased modular buildings. In addition, the project gets a parking lot. Commissioner Garakani pointed out the 18,000 squaze foot size of the building. Ms. Mary McGrath reminded that 2,500 square feet is basement. Commissioner Garakani asked what has been added to require the additiona12,500 square feet. Ms. Mary McGrath replied a training room and communications storage. Commissioner Garakani asked why City property is needed to be transferred to this project. Ms. Mary McGrath replied because of the requirement for 59 feet in front of the bay. Acting Chair Kurasch advised that Design Review includes impacts and the Commission is trying to . understand the size of the building. Ms. Mary McGrath advised that the size is totally operationally driven. Saratoga Planning Commission Minutes of October 9, 2002 Page 22 • Acting Chair Kurasch stated that the mass of this building is so large for this corner. Ms. Mazy McGrath state that it is 20 feet high in the rear and 30 feet high at one point. The project complies with Ordinance as far as height. The project has less than 30 percent coverage and offers sufficient parking. Acting Chair Kurasch said that issues of bulk and mass still exist. Commissioner Roupe asked about material colors. Ms. Mary McGrath showed the materials sample display with muted non-glossy tile, copper gutters and two-tone roof tiles. Acting Chair Kurasch said that these materials aze very nice. Chief Ernie Kraule: • Said that they seek an operating fire station with adequate staff to serve a community with afour- minute response time. • Pointed out that this location offers easy access in four directions and that they aze able to respond to Hillside fires. • Agreed that better communication should have occurred with the Village Green Homeowners' Association. • Stated that they desperately need a fire station on this location. Commissioner Barry asked if the Traffic Engineer from Fehr & Peers is present. Mr. Jason Pack, Traffic Engineer, Fehr & Peers: • Stated that he reviewed the latest proposed architectural layout with ingress one way from Saratoga with right turns and a left tum pocket from Saratoga. The drive from Highway 9 is full access. • Said that the 17-foot aisle width for two-way traffic is less than the 20 to 24 foot width that is preferred for two-way traffic. Commissioner Zutshi asked about access to Park Place. Mr. Jason Pack said that there is no access to Pazk from the Fire property but only from the Church. Acting Chair Kurasch asked about the proposed left-turn pocket on Highway 9. Mr. Jason Pack said that the proposal is to restripe the existing painted island for a left tum pocket. Director Tom Sullivan advised that work is being done on a traffic study together with the Village Green Homeowners' Association. Acting Chair Kurasch said that the changes are really positive. Asked Mr. Pack for his suggestions on . staging. Mr, Jason Pack replied that his expertise is only on-site circulation. Sazato~a Planning Commission Minutes of October 9, 2002 .Page 23 Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 2 at 11:27 p.m. Acting Chair Kurasch asked Director Sullivan for a suggested order in dealing with the temporary Use Permit, Negative Declaration and Design Review. Director Tom Sullivan advised that the Negative Declaration was done by Fire as lead agency. The Commission needs to develop two separate Resolutions. One for the Design Review and Use Permit. The second is to make the determination that this project is consistent with the Genera] Plan. Commissioner Roupe asked if the Lot Line Adjustment is included in the first Resolution. Director Tom Sullivan replied yes. Commissioner Zutshi asked about other Settlement Agreement points such as setbacks and the demolition of the Contempt building. Associate Planner John Livingstone advised that the Settlement Agreement requires a specific number of parking spaces, height and maximum 30 percent coverage. There aze 10 City-controlled spaces in the transfer of land. Commissioner Roupe said that he had asked the City Attorney if the proposal was significantly in conformance with the Settlement Agreement to act upon this and the City Attorney said yes. Acting Chair Kurasch said that she questions the review of the Negative Declaration. Commissioner Roupe stated that the Commission is simply reviewing it but has no approval authority on it. Suggested changing the wording in the Resolution to read that Fire has made the necessary findings for the Negative Declaration. Commissioner Barry asked what would happen if the Commission finds the Negative Declaration does not pass muster. Associate Planner John Livingstone replied that the Commission does not have the standing to make that statement. Director Tom Sullivan suggested that the second sentence be deleted which make mention of Fire environmental documents attached. Acting Chair Kurasch stated that Fire has nothing to do with the actions of the Commission. Commissioner Garakani: • Said that as an ordinary citizen, he thinks this building looks good. It is a nice building with a nice setback. However, as a Commissioner, he is not here to see what is nice or not nice but rather to hear from the residents regazding the impact on Saratoga. • Said that a lot of existing conditions do not work and something has to be done to make them work. • Agreed that lots of effort went into designing the building but that little effort seems to have been spent on parking and circulation design. Saratoga Planning Commission Minutes of October 9, 2002 Page 24 • Said that the City is losing land with the sale of the Contempo building that could be used for a better arrangement of parking. • Stated that he likes the building but would like a better circulation and parking plan. • Pointed out the 8,985 square feet of land that the City is turning over to this project. Commissioner Roupe pointed out that the land would be sold and not given. Commissioner Garakani asked why the City does not assume that land. Commissioner Roupe replied because the City does not have either the money or interest in the purchase of that land. Commissioner Garakani stated that he cannot look at the Settlement Agreement instead of Zoning regulations in consideration of this proposal and that the Commission should look at the best scenario for that corner. Commissioner Roupe reminded that the Commission was directed by Council to look at this application within the constraints of the settlement they made. This is a done deed. Acting Chair Kurasch countered that this does not preclude Design Review. Commissioner Zutshi said that the Agreement confines the bulk. Acting Chair Kurasch reminded that it cannot exceed 30 percent coverage. Commissioner Roupe pointed out that the setbacks required in order to turn vehicles constrains the placement of the new station. Commissioner Barry said that the language does not say zero setback. Director Tom Sullivan replied that it does not preclude it either. Commissioner Roupe stated that he thinks this is a good project that should go forward with the requirement that the necessary agreements with Caltrans, the Church and Post Office be finalized. Commissioner Garakani said that the existing parking area width is not adequate. Director Tom Sullivan said that the spaces Commissioner Garakani speaks of are within the Post Office parking lot where the Sheriff's office rents. Commissioner Roupe suggested having the Fire District come back to the Commission before the construction permit is issued to ensure that all necessary agreements have been finalized. Commissioner Hunter: • Pointed out how much quicker the library project progressed. • Added that people often ask her why the fire station project is taking so long. • Said that this will be a handsome fire station for the City of Saratoga of which she will be proud. • Said that she has never experience a problem with fire station traffic. Sazatoga Planning Commission Minutes of October 9, 2002 Page 2~ • Stated that it is time to move ahead and send it on. . Declared that this is for our community and saving our lives. • Reiterated that it is time to move ahead. It's a good plan, let's move along. • Thanked Mary McGrath for the fantastic way she handled this project. Commissioner Gazakani: • Said that this is a nice building but that it doesn't end there. • Agreed that everyone wants a nice fire station. • Added that it is important to avoid pitfalls and to look ahead. Commissioner Roupe said that with the right Conditions of Approval, this project can move ahead. Acting Chair Kurasch: • Stated that the Caltrans representative had no opinion about the location of this fire station but did express concem regazding the 12-foot alley for fire engine use. • Added that she takes that concern seriously. • Said that people impacted need to be involved in the process. • Agreed that the library project was a smooth effort. • Said that she would like to see an emergency signal at Oak Street. Commissioner Roupe: • Restated that he believes the project can go forwazd with appropriate Conditions. • Cautioned that there will likely be an appeal of whatever decision is made. • Said it is time to make that decision and move on with this. • Stated that this is a good plan and building and that he would be proud of it. • Suggested a motion and vote. Actins Chair Kurasch asked for a straw vote. Commissioner Zutshi expressed support for going forward with applicable conditions. Director Tom Sullivan reminded that a tie vote represents denial. Commissioner Garakani asked what happens with a denial. Commissioner Roupe replied that the applicant would appeal to Council. Suggested approval with the requirement that the applicant work with the neighbors on staging during construction, the necessary aereemehts with Caltrans, Post Office and Church be work out and traffic circulation be fine tuned. Commissioner Gazakani asked what if things are no better when brought back. Commissioner Roupe replied, deny the project. Acting Chair Kurasch asked the Commissioners if they prefer a vote or continuance. • Commissioner Garakani said that he would prefer the applicants come back after working on those issues outlined with clear directions from the Commission. Saratoga Planning Commission Minutes of October 9, 2002 Page 26 Commissioner Barry: • Stated that she would not agree to anything to allow Fire to circumvent honest work with neighbors. • Added that she wants an agreement brought back to the Commission before an approval is granted. • Said that it is not adequate to tie in to building permit approval. • Advised that she would not vote for the project as it is. Commissioner Garakani expressed support for a continuance rather than a denial. Commissioner Roupe stated that this would be the worse decision the Commission could make. The item has been heard twice. Expressed strong support for making a conditioned approval. Director Tom Sullivan pointed out that any decision is likely to be appealed to Council no matter what that decision. Council could remove some or all of these added conditions. Commissioner Garakani said that the building looks good but he has problems with the design of the parking area. Said that the land should be used properly to mitigate parking needs. Said he would not support this proposal as a result. Commissioner Barry said that she would like to have it come back in a public hearing with an opportunity for a better site pazking and circulation design to occur. Commissioner Gazakani said he would prefer a continuance or denial. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Hunter, the Planning Commission recommended approval of Design Review, Use Permit and Lot Line Adjustment for the proposed new fire station at 14380 Saratoga Avenue with the following added Conditions: • Applicant to work with neighbors and City to develop a construction staging, traffic, parking and circulation plan and will bring that plan back to the Planning Commission for review and approval; • Applicant to secure approvals and endorsements from Caltrans, Post Office, San Jose Water and other interested parties whose agreements are necessary to execute this project; • Develop a traffic circulation plan for parking area of Post Oftice and Fire, working together in a harmonious way, and bring the plan back to the Planning Commission for review and approval; • Issues of vehicle circuits, noise, dust and a parking sign with contact name for 24-hour contact be put in place before permits issued; and • The relocation of the monument before construction begins. by the following roll call vote: AYES: Hunter, Roupe and Zutshi NOES: Barry, Garakani and Kurasch ABSENT: None ABSTAIN: Jackman The project is denied. Saratoga Planning Commission Minuses of October 9, 2002 Pare 27 • Acting Chair Kurasch suggested crafting another motion. Ivlr. Hal Toppel, Attorney for the Fire District, advised that the Commission has taken its action and denied the project. Commissioner Barry expressed thanks to Mary McGrath for her design work and presentation. Acting Chair Kurasch advised that the applicant could appeal this action. ~** Acting Chair Kurasch returned the gavel to Chair Jackman at 12:22 a.m. *** PUBLIC HEARING -ITEM N0.3 and ITEM N0.4 DR-O1-035, UP-O1-013, ED-O1-002 (393-25-022) ST. ANDREW'S PARISH AND SCHOOL. 13601 Saratoga Avenue: The applicant requests design review and use permit approval to construct new facilities for St. Andrew's School and Parish. The Planning Commission will take public testimony and will conduct a formal discussion of issues. The Planning Commission will not take action to approve or deny the project at this time. The proposed project includes the demolition of existing buildings and the construction of the following facilities: Performing Arts/Gymnasium, Sunday School Rooms, Administration Offices, Classrooms, Clergy Offices, Parish Center and a Bell Tower. The project also includes a memoria] garden, covered walkways, an outdoor eating area, re-grading and reconfiguration of the parking lot and eliminating off-site queuing. New building construction will total 72,345 square feet and will include six new structures. The existing sanctuary is to remain. (OOSTERHOUS) APPLICATION #02-197 (CITYWIDE) -CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would revise side yard setback requirements for structures over 18 feet in height in the R- 1-10,000, R-1-12,500, R-1-15,000 and the R-1-20,000 Districts. (SULLIVAN) Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Barry, Agenda Items No. 3 and No. 4 will be continued to the next Planning Commission meeting on October 23, 2002, by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: None ABSTAIN: None ~*~ DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS.. LEONARD J. SIEGAL HAROLD S. TOPPEL STEVEN G. BAIRD MARL G. HYNES To: City Clerk City of Saratoga 14380 Saratoga Ave. Saratoga, CA 95070 ~iTKINSON . FARASYN, LLP ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOUNTAIN VIEW, CALIFORNIA 94042 TELEPHONE (650} 967-6941 FACSIMnE (650} 967-7395 J.M. ATgNSON X1892-1982) L.M. FARASYN (7915-1979) acT ~. ~ Zooz G~ NOTICE OF APPEAL CJ On behalf of the Saratoga fire Protection District ("the District"), an appeal to the Saratoga City Council is hereby filed from the decision of the Saratoga Planning Commission, rendered on October 9, 2002, denying the District's Applications for a Temporary Use Permit ('I'UP-01-003}, Conditional Use Permit (CTP-Ol-002), Design Review Approval (DR-O1-006) and Lot Line Adjustment (LL-O1-003). Delivered herewith is a check payable to the City of Saratoga in the amount of $250, in payment of the appeal fee. In denying the District's applications,. the Planning Commissioners voting against the project acted arbitrarily, unreasonably, and contrary to the express policy directives of the City Council as set forth in the Settlement Agreement between the City and the District. The denial also represents an attempt by three Commissioners to engage in an unlawful delegation of their decision making authority. Please schedule this matter for hearing at the earliest available meeting of the Saratoga City Council. Dated: October 10, 2002 cc: Board of Fire Commissioners Fire Chief ~/ ,~ aro d S. Toppe District Counsel Attachment 4 October 24, 200_ City of Saratoga City Council ["Council"] Attention: Cathleen Boyer, City Clerk 13777 Fruitvale Ave. AttaCLment 5 OC, Saratoga, CA. 95070 ~1 e-mail • ctclerk(ti)saratoQa.ca.us ~ ~ (408)868-1269 FAX (408) 867-8555 ~~ e-mail • nsn_eitr~a~online.com evansbaker(g) oa l.com, mehafna~edanken.con7, .rh~~~siarn~rnpl,~iln, wahonsmith(c~attbi. com Re: The Saratoga Fire District ["SFD's"] Appeal of the Planning Commission's Denial of Application No. 02-176 (Reconsideration of DR-O]-006, UP-O]-002, LL-0]-003 & TUP- OI-003) - 14380 Saratoga Ave., Saratoga, CA. ["the appeal"] -November 6, 2002 City Council Hearing Dear Honorable Mayor Nick Streit, Vice-Mayor Evan Baker and Honorable Councilpersons Joltn Mehaffey, Stan Bogosian and Ann Waltonsmith: With the Council's permission please find enclosed the undersigned's written comments with respect to the appeal. In its zeal to settle the SFD's lawsuit against the City, the Council proposes interfering with the financial relationship between the SFD and the owners of real property' within its boundaries. if this interference impacted the City as a whole, at least all Saratoga residents would be affected equally. However because it is Holz, it is unfair only a portion of the City's property owners are subjected to the conesquences of what in this writer's opinion is a flawed settlement. If the Council agrees to transfer the Heritage Plaza to the SFD [either under the ;uise it has already agreed to the transfer in the settlement agreement or otherwise] in consideration often of the SFD's precious few on site parking spaces; and, it "adjusts" the former Contempo Realty site [which is already a nonconforming lot3] by reducing 44% of the gross site azea; then as a practical matter the Cir: will have cost the owners of real property located within the boundaries of the SFD o~~er ~3 million of the former Measure F's ["the bond's"] proceeds which were represented to the voters to be used for no purposes other than fire station reconstruction4. ' As a special district the SFD realizes essentially all of its funding from a portion of the secured real property taxes and special assessments levied against the real properties located within its boundaries. s Roughly half of the City is not located within the SFD's boundaries. According to Saratoga Municipal Code ["SMC"J, X15-] 8.050 the minimum net site area of any lot in a P-A district shall be twelve thousand square feet. As will be showns, the former Contempo Realty site is comprised of three adjoining parcels, none of which meets the aforesaid 12,000 square foot threshold. • 4 Attached hereto [as Exhibit "A"] and incorporated by reference the Council will find a true and accur- ate reprint of the bond measure. The bond represents it will be used replace the current unsafe fire stat- ion and not as a bargaining chip to trade for other unspecified considerations. TABLE OF CONTENTS Description L\ TRODUCTION STAl~'DARD OF REVIEW HISTORY «'HO IS TO BLAME FOR FIRE STATION DELAYS? THE SFD'S LAWSUIT AGAIl~'ST THE CITY THE SETTLEMENT AGREEMENT PORTIONS OF THE APPLICATION WHICH VIOLATE THE SETTLEMENT AGREEMENT The Failm•e Use of the Former Contempo Realty Building The Failure to Maintain Existing Property Lines Page 4 1 S Expecting Discretionary Transfer of the City's Heritage Plaza 5 The Fire Station's Lack of a Mandatory Northeasterly Side Setback 5 Combining NON "Adjacent" Multiple Lots for Maximum Site Coverage Purposes 6 The SFD's "Fuzzy Math" Maximum Site Coverage Calculations 6 Settlement Agreement Conclusions S THE SFD's REQUEST THAT THE PUBLIC RIGHT-OF-WAY OVER GEORGE WHELAN WAY BE VACATED SHOULD BE APPROVED S THE SFD's REQUEST THAT THE HERITAGE PLAZA BE TRANSFERRED SHOULD BE DENIED S The SFD Does Not Require the Plaza S The SFD Cannot .Afford the Plaza The Heritage Plaza is an Historic Landmark 8 9 THE SFD's REQUEST THAT TWO OF THE FORMER COIVTE114P0 REALTY SITE'S LOT LINES BE "ADJUSTED" SHOULD BE DENIED 9 THE HIGHEST AND BEST FIItE STATION USE OF THE SFD'S "MULTIPLE ADJACENT LOTS" IS A SPLIT STATION DESIGN ] 0 IF THE COUNCIL APPROVES THE APPLICATION IT GUARANTEES THL' SFD RILL COME BACK TO THE PROPERTI` O«'NERS ~~i'ITHI~ iT8 BOUNDARIES FOR A NEB` BOND MEASURE SEEI~'G El%E\ R1QZE! 1 1 AESTHETICALLY, THE PROPOSED STRUCTURE'S DESIGN IS NOT CO'~IPATII3LE WITH THE IMA4EDIATE SURROUNDD\'G NEIGHBORHOOD 12 CONCLUSION 12 INTRODUCTION Unlike others, the undersigned has no hidden agenda in asking the appeal be denied. The under- sisned is a resident of the City; as aforesaid, a resident of the SFD; a voter of both; o~:~ns real property on Saratoga Ave. [approximately I''/z blocks north of the fire station (within the City's Heritage Lane)] directly affected by the SFD's proposed development application ["the application"]; is subjected to the bond; and as such, is directly affected by the application. Like most of the community the undersigned is in favor of a reconstructed, seismically safe fire station of the future. The bond did not give the SFD the public mandate to build whatever fire station it chose to propose. Therefore, opposition to the application does not translate into opposition for a ne~a fire station. The City has one opportunity to get this highly visible development application right and what has been presented is wrong. Therefore, for the reasons which follow the undersigned asks the appeal be denied. STANDARD OF REVIER~ In the appeal the SFD sets forth as its grounds the Planning Conunission's ["the Commission's"] abuse of discretion and failure to adhere to the Stipulation and Order Establishing Process for Settlement of the 5FD's lawsuit against the City ["the settlement agreement"]. In reality this is a misnomer as under Sarato,a Municipal Code ["SMC"], 15-90.070(6) the appeal is heard anew or r:'e nono. HISTORY Although the application has had a storied history, throughout one fact has been constant. The SFD's several development applications have been the wrong fire station for the wrong property, and the community's concerns and input have been brushed aside. Rather than scaling back its grandiose plans for a fire station of the future which can work on the several nonconforming lots at issue, the SFD insists upon forcing its square pegged solution into a round nonconforming hole. In the process it continues to demand the City set aside essentially all of its development standards. Thus in the name of"safety" it asks TO be treated differently than any other development applicant. It is not a good neighbor! Rather than responsibly developing a reconstructed fire station as represented to we voters, the SFD has misled us; involuntarily taken its neighbor's property [the former Contempo Realty site] via eminent domain at less than fair market value; alienated the surrounding neighborhood; filed an abso- lutely meritless lawsuit against the City [because it refused to grant a plethora ofzonine variances it was under no obligation to grant); breached the very settlement agreement under which the Council hoped the matter would be resolved; and now appeals the Commission's denial of the application. In the pt-o- cess at least two years have been wasted; the proceeds of the bond have dwindled to less than $2.7 mil- lion`; the costs of development chasing an unrealistic design have increased markedly; and the commun- ity is no closer to a reconstructed fire station. s The bond raised a gross $5.975 million". According to the SFD after underwritin, and other costs it realized approximately a net $5.75 million from the bond. It used $2 million [under the guise of "acq- uiring property" necessary for a reconstructed fire station) for its condemnation of the former Contempo Realty site. The attorney's fees incurred in that condemnation's prosecution have totaled approximately $125;000.00 to date. The owner of the former Contempo Realty site successfiall}+ appealed the $2 mil- lion condemnation award arguing he was entitled to another $I million plus pre judgment interest. The Court has recently ratified his right to a retrial to establish the additional value to which he is entitled, and he is going to be successful [the only question being how successful?). Thus when the former Con- tempo Realty site's acquisition dust has finally settled, less than $2.63 million of the bond will remain. L V1'HO IS TO BT,AME FOR FII2E STATION DELAYS? To those who say the community overwhelmingly voted for the particular fire station made the subject of the application, it did not! The current fire station is comprised of 7,690 square feet of improvements situated on a 9,271 square foot loth. The application proposes fire station square footage be more than doubled to 15,435, and that the size of its lot be increased by nearly 9,000 square feet of City owned/encumbered property! This is not the type of development the voters directed the SFD to pursue. Al] we voted for was reconstruction of a seismically safe station per se within the implied bud- getary constraints of the bond measure itself; neither a doubling in size nor cost! To those who say the delays caused by the development process have frustrated the will of the voters, they have not! If the SFD had not initially disregarded the City's development standards there would have been no delay. If it had not involuntarily condemned the former Contempo Realty site for less than fair market value, there would be no pending litigation and there would be another $3 million available to construct a new fire station. If the SFD had not sued the City but instead revised its initial development application, construction on a new station would likely have already begun. If the SFD were not proposing demolition of the former Contempo Realty building and its sale for next to notltin,`' of some 44% of its gross site area [contrary to its former representation of"need"], there would be far less opposition. Thus approval delays can be attributed to the SFD rather than the development process. THE SFD'S LAWSUIT AGAINST THE CITY The SFD sued the City for denial of its previous development application. The ]e;a] standard of review to which the SFD was subjected was proving the Council had abused its discretion. Given the previous development application asked the City to waive [in the form of variances] essentially every one of its development standards and the City refused [something it obviously ]tad the discretion to . refuse], as a matter of law there could not have been nor was there an abuse of discretion. It was for this very reason that when the City first responded to the SFD's lav~suit it objected to the SFD's failure to state a valid legal claim. Unsurprisingly, the Court sustained the City's objections. Although the SFD was afforded leave to amend its pleading to state a valid legal claim if any it had, the settlement intervened. Had there been no intervention there is little doubt in the undersigned's mind that after amendment the SFD's lawsuit would have been dismissed for failure to state a valid legal claim and that would be the end of the matter once and for all. THE SETTLEMENT AGREEMENT Although in a vacuum the undersigned supports the extra judicial settlement of most litigation, in this instance the City had little to gain by settling what was clearly a frivolous lawsuit. ]n fact essent- ially the only thing the City gained in the short run by settling the SFD's lawsuit was to shut the tap on the ongoing expenditure of public moneys for attorney's fees if the matter were not to settle. .Any other concession the City deemed of importance could have been and still can easily be exacted as a conditior, of any fire station development approval'. 6 Interestingly the SFD and the Federated Church have been unable to agree upon a sales price, however, rumor is it will be between $200,000.00 and $500,000.00. Realistically, what is the fair market value of a nonconforming parcel good for 18 parking spaces of which 6 will be reserved for the grantor's use? Whatever its value, it pales in comparison to the former Contempo Realty site's acquisition price`. ' In point of fact the Mayor has gone on record that because of the settlement the SFD has for the first time agreed in writing to provide a 59 foot front apron. The undersigned submits that the City could easily exact such a concession as a condition of the variance the SFD requires without any settlement. 3 In the appeal the SFD asserts the Commission's denial of the application was "contran~ to the express policy directives ofthe...Council as set forth in the settlement..." Stated a bit differently the SFD asserts the Commission's [and by analogy the Council's] hands were and are tied to approve the application specifically because of the settlement agreement. For the following reasons it is wrong! Initially it is important to clearly understand what the settlement does and does not provide [as such attached hereto as Exhibit "B" and incorporated by reference the Council will find a true and accur- ate copy of the settlement agreement]. Please recall paragraph 17 of the settlement agreement declares it `...shall be construed... pursuant to the laws of the State of California." In laypersons' terms this means the words of the settlement aze to be given their ordinary meaning. Therefore whatever may have been the SFD's intent in settling the litigation, pursuant to paragraph 16 of the settlement agreement the pro- visions which are clear "...may not be amended, modified, or otherwise changed or supplemented ex- cept by a writins signed by duly authorized representatives of all parties..." This means that when the SFD asserts the settlement agreement means something it does not declare, it has no standins to assert the Council should remedy the deficiency absent written amendment or modification. It is also important to clearly understand that pursuant to paragraph 3I on page 7 of the settle- ment asreement, "...nothing [t]herein contained shall be deemed to restrict the discretion of t]te City to consider such matters as may be appropriate..." in denying the application. Only if the application is consistent with the settlement agreement and the City denies it, may the SFD terminate and dissolve the settlement asreement [paragraphs 3I and 3I(2) on page 7 ofthe settlement agreement). Because the ap- plication is not in accord with the settlement agreement, the Council's hopeful denial will not entitle the SFD to terminate it. PORTIONS OF THE APPLICATION WHICH VIOLATE THE SETTLEMEIt'T AGREEMENT The followins features of the application are indirect violation of the settlement asreement: The Failure to Use of the Former Contempo Realty Building: 1. The application proposes the former Contempo Realty building be demolished and permzn- entl~ abandoned for fire station "support" or other related functions. In no uncertain teens paragraph 3.A on page 4 of the settlement agreement requires the SFD to submit a modified development applica- tion consistent with "Scheme A" ["Scheme A"] of the Ad Hoc Committee's report ["tlte report']. 2. Paragraph 1H on page 3 ofthe settlement agreement defines "Scheme A" to be the conceptual design presented at the April 17, 2002 City Council meeting. The relevant portion of the report which was presented at that meeting and sets forth Scheme A's conceptual design is attached hereto as Exhibit "C," and incorporated by reference as though set forth more fully herein. 3. As the Council can see "Scheme A" states the former Contempo Realty building and lot be fully utilized for a temporary fire station during construction, and permanent SFD "support" functions , thereafrer. At no place does "Scheme A" recommend the former Contempo Realty building be aband- oned or permanently demolished. 4. Thus to the extent the application proposes permanent demolition and abandonment of the former Contempo Realty building, it is in violation of both the settlement agreement and "Scheme A." `~ The Failure to Maintain Existing Property Lines: 5. "Scheme A" states the former Contempo Realty site's existing property lines [a combined 17,228 square feet] will be maintaineds. Yet the application asks that one of the Contempo Realty site's lot lines be "adjusted" resulting in a reduction of some 44% [7,567 square feet] in anticipation of a fut- ure sell off to the Federated Church [so it can be used to create IS additions] Church parking spacess]. 6. The settlement agreement declares nothing about lot line "adjustments" nor parcel "sell offs." 7. Thus to the extent the application proposes alteration of the former Contempo Realty site's property lines either as a result of lot line "adjustment" or parcel "sell off," it is contrary to the settle- ment agreement and in violation of"Scheme A." Expecting Transfer of the City's Heritage Plaza: 8. The application assumes the SFD has or will secure title to the City's Heritase Plaza. But at no place in the settlement agreement is the City compelled to transfer the Heritase Plaza.: ~t best para- graphs 3F and 3H on page 6 of the settlement agreement state a public hearing will be noticed to "con- sider" whether the SFD's request the Heritage Plaza be transferred should be approved. Since that hear- ing took place before the Commission and the SFD's request was denied, all that the City promised inso- far as this issue is concerned under the settlement agreement has been delivered. 9. Only if the City ultimately decides to approve the SFD's request for transfer of the Heritage Plaza, paragraph 3H on page 6 of the settlement agreement states the consideration to be paid by the SFD shall be at least 10 public parking spaces dedicated to permanent public use. ] 0. Thus to the extent the application expects the City's Heritase Plaza be incorporated into a reconstructed fire station without the Commission first determining it is necessary and appropriate, its inclusion is in violation of the settlement agreement. The Fire Station's Lack of a Northeasterly Side Setback: 11. Paragraph 3C on page 5 ofthe settlement agreement states that "except as othei~t~ise ptro- vided herein" the application must "...at a minimum, meet the City's... standard front and side yard setback requirements..." Although the paragraph continues to "acknowledse... an exception to the City's rear and side yard setback requirements will be required for the portion of the [proposed] struct- ure along the southeast property line," it says nothing concerning an exception to the proposed suua- ure's northeasterly side setback. $ In actuality the former Contempo Realty site is comprised of three nonconforming lets totaling some 17,228 square feet combined. The fornner Contempo Realty building itself sits on API~t 397-22-042 [Parcel "B"]. APN 397-22-012 [Pazcel "C"] represents on site parking, and APN 397-22-015 [Parcel ".A"] represents on site parking the SFD proposes transferring in consideration of the'~3eritage Plaza. 9 The SFD may assert the requested "adjustment" and "sell off' will also create a new means of ingress egress onto Saratoga-Los Gatos Road. But this parcel can already be ingressed from Saratoga-Los Gatos Road. If the Council wants to alter the traffic flow to egress, it can easily be accomplished with- out the proposed "lot line adjustment." 5 12. Yet the application requests not only southeasterly but northeasterly side setbacl: variances in particular along the vacated alley between the current fire station and the Post Office1° [the entrance to George Whelan Way] even though paragraph 3C on page 5 of the settlement agreement clearly states that, "...the [proposed structure's) design will...meet the City's... standard front and side yard setback requirements..." Thus to the extent the application proposes a northeasterly.side setback of an}~thing less than the required 16.4 feet it is in violation of the settlement agreement. Combining NON "Adjacent" Multiple Lots for A4aximum Site Coverage Puz•poses: 13. Paragraph 3C on page 5 ofthe settlement agreement states that although "...an exception to the City's site coverage requirements will be required because the project is being developed on multiple adjacent lots in no event...will the project's site coverage exceed 30 percent of the total area of all of the lots combined..."'t Because not all of the multiple lots involved are "adjacent"12 and this is the stated rationale for combining multiple parcels for maximum site coverage purposes, there is a distinct- ion to be made between those multiple parcels that are and are not "adjacent." 14. Interpreting the settlement agreement's stated intent insofar as calculating maximum site coverage is concerned, there can be reconciliation; i.e., all three of the former Contempo Realty site's "multiple adjacent lots" can be combined for purposes of calculating tnaxitnum site coverage on these lots combined. Similarly, the current fire station site can be separately combined with the proposed vacated alley and Heritage Plaza [if it is transferred to the SFD] for. purposes of calculating maximum site coverage on these lots combined. 15. To combine all six lots for maximum site coverage purposes notwithstanding the fact they are not all adjacent, violates the stated premise of the settlement agreement. . 16. Thus 30% of the three "adjacent" former Contempo Realty lots [] 7,228 square fee?] equals 5,168 square feet, and 30% of the two "adjacent" current fire station lots [9,271 square feet for the fire station proper and 3,136 square feet for the proposed vacated alley] lots equals 3,722 square feet. In other words a demolished and reconstructed structure on the present fire station site v,~ith up to a 3,722 square foot footprint [if the Commission's denial of the SFD's request for transfer of the Heritage Plan, is upheld] is permissible under the settlement agreement. A similar structure with up to a 5, ] 68 square foot footprint on the former Contempo Realty site is permissible [if the Commission's denial of the re- quest for a lot line "adjustment" and the SFD's offer to transfer at ]east ] 0 parking spaces are upheld). 17. To the extent the application proposes a single 8,987 versus 3,722 square foot structure foot- print on the current fire station site alone, it is in violation of the settlement agreement. The SFD's "Fuzzy Math" Maximum Site Coverage Calculatiotts: There are other problems with the SFD's site coverage calculations even assuming rn~~rrendo the settlement agreement permits the combination of multiple NON "adjacent" lots as it requests. Before 10 Rather than a required side setback of 16.4 feet, the application proposes a zero setback. 't The foregoing limitation was built into the settlement agreement because the maximum net site area covered by structures on any lot in a P-A district shall be thirty percent. SMC, ~ 15-18.070. 12 Although the three former Contempo Realty site lots8 may be "adjacent;" and, the proposed vacated alley may be "adjacent" to the current fire station lot; the Post Office Property [APN 397-22-046] clearly separates these parcels meaning not all five parcels are "adjacent." addressins those problems the undersigned feels the Council must be familiar with the City's ordinances v,~hich declare how such calculations shall be made in all other development applications. 18. As aforesaid the City's maximum site coverage requirement is set forth at SMC, ~I>- l 8.070". The term "net site area" is defined by SMC, § 15-06.620(b) to be the "gross site area remacn- ing after deducting therefrom the'following: (1) any portion of a site within the right-of--way of an existing public or private street, road or access easement, except an emergency access street...and, (4' any portion of a site within an easement to the Santa Clara Valley Vl%ater District...' 19. Not content with demanding a variance to the City's site coverage limitations and proposing it be satisfied by combining the gross site areas of multiple non adjacent sites. the SFD nova- proposes the manner in which coverage limitations are calculated for all development in the City be changed for it and it alone. There is little doubt the 30% site coverage litnitation in the settlement asreement avas intended to correspond to the City's zoning regulations. If it were not, then the settlement agreement would declare yet another exception and variance [having nothing to,do with "multiple adjacent lots `1 to the City's zoning regulations. Of course it does not. 20. Assuming the SFD's "lot line adjustment" request were approved and Parcel "C'~ of the former Contempo Realty site as adjusted were transferred to the Federated Church: and.. assmuin~ the SFD's request that the Heritage Plaza be transferred were similarly approved; the application proposes maximum lot coverage of at least 32.19%'3 which is well in excess of the settlement a<<=reemenr s 30°io maximum. 21. The undersigned is mindful the application asserts but 29.6% of site coverage. However, the calculation simply does not compute. The SFD's site area summary clearly discloses the "total fire stat- ion property afer sale to [the] Federated Church" will total 27,917 square feet. and its proposed build- ing's footprint will total 8,987 square feet. Doing the math the project`s site coverage exceeds the 30°~0 limitation of paragraph 3C on page 5 ofthe settlement agreement. V 22. Furthermore if the Heritage Plaza is transferred to the SFD and included in its maximum site coverage calculations, as aforesaid13 the minimum 10 public parking spaces to be dedicated to and con- trolled by the City [on Parcel "A" of the former Contempo Realty site] must be deducted from ~zross site area [SMC, §15-06.620(a)]. Although the application does not disclose how much cross site area these proposed parking spaces will encompass, it is clear that without them the SFD s computations under anyone s math exceed the maximum permitted by the settlement asreement. 23. Disresardins the argument the gross site area of the parking spaces to be dedicated to the City pursuant to the settlement agreement must be deducted from the SFD's maximum site coverage cal- culations, the SFD somehow claims "total fire station property after sale to [the) Federated Church" will total more than the 27,917 square feet it has represented. As the undersigned understands the SFD's argument, another 2,357 of non usable "existing alley with water and phone utilities" between former ; Contempo Realty Parcels "A" and "B" [in reality a nonpublic street) gets to be added to the cross site area as if it were another "multiple adjacent" lot [even though it is not]! y 13 The undersigned says "at least" because the SFD has failed to deduct the gross site area represented by the minimum 10 parking spaces required by paragraph 3H(]) on page 6 of the settlement asreement to be dedicated to the City. Even if title were to remain with the SFD, afrer dedication this area would be subjected to a public access easement meaning under SMC, x+15-06.620(b) it must be excluded for purposes of calculating the City's maximum net site area coverage limitations. 24. According to staff the "exiting alley with water and phone utilities" is sur~ected to Beth an existing private access and Santa Clara County Water District easement. Consequentl}~, the gross site area of this non usable parcel under SMC, §15-06.620(b) cannot be included for caiculatin~ maximum net site coverage required under the settlement agreement and the SMC. 25. Thus to the extent the application includes the gross site area represented by the Heritage Plaza [and if so 10 or more parking spaces to be dedicated to the City] as well as the "existing alley v`~ith ~a~ater and phone utilities" between former Contempo Realty Parcels "A" and "B," it violates the settle- ment agreement. Settlement Agreement Conclusion The undersigned expects the SFD will respond its "deviations" from the precise requirements of the settlement agreement are "innocent" and were shared with the Council before the settlemem agree- ment was executed14 [thus being within its "spirit"]. Given the entire settlement process ~a-as closed to the public, we as third party beneficiaries of the settlement agreement are entitled to and hereby demand that the City concede no more than what the settlement agreement expressly states rather than ~>°hat ac- cording to the SFD it should have stated. As shown herein, the application violates the settlemem a~zree- ment. Thus the appeal should be summarily denied upon this basis alone. THE SFD's REQUEST THAT THE PUBLIC RIGHT-OF-~\'AY OVER GEORGE VVHELAN WAY BE VACATEB SHOULD BE APPRGVEB. The application asks that the City'sright-of--way easement over George Whelan \?r'ay be vacated. The undersigned has no objection to the SFD's request, but only as part of a sensibly and comprehen- sively reconstructed fire station. THE SFD's REQUEST THAT THE HERITAGE PLAZA BE TRANSFERRED SHOULD BE BENIED. The application expects the City will transfer the Heritage Plaza [3,136 square feet) to the SFD so it can be incorporated into the reconstructed fire station's design. In consideration the SFD proposes dedicating for permanent public use a minimum of ] 0 public parking spots located on the fcnner Con- tempo Realty Parcel "A." The undersigned objects to the proposed transfer for three reasons. ] . The SFD Does Not Require the Plaza. Without the Heritage Plaza the SFD ah~eadv has 34,705 square feet [an existing fire station site consisting of 9,271 square feet; 5,849 square feet of wfiat will become the vacated George Whelan alley; three former Contempo Realty propem= parcels totaling a combined ] 7,228 square feet; and according to the SFD, 2,357 of"existing alley with water and phone utilities' between former Contempo Realty Parcels"`A" and "B"] available to develop a sensibly recon- structed fire station. At a combined maximum site coverage of 9,704 square feet [30° o of 32,348 square feet (excluding the "existing alley")], this is more than sufficient to accomplish the endeavor. 2. The SFD Cannot ATf'ord the Plaza. According to paragraph 3H on pages 6-7 of the settle- ment agreement, if the Heritage Plaza is transferred to the SFD it must permanent)}+ dedicate for public use a minimum of 10 on site parking spaces, plus pay for the removal, transportation, foundation con- struction and installation costs associated with relocating the Memorial Arch to Blaney Plaza. "Such as demolition of the former Contempo Realty building. 3. Although the settlement agreement also calls for easements and distinctive marl:in~s to be provided, these need not be provided if the Heritage Plaza is not com~eyed. 4. Currently the SFD has 22 on site parking spaces located on the former Contempo Realty site. The application proposes a total of 24 parking spaces. Without destro}9ng the former Contempo Realty building the SFD does not have the luxury of 10 or more on site parking spaces to dedicate to the City for the Heritage Plaza. Indirectly then, by agreeing to the SFD's request the Cit}' forces the SFD to demolish and permanently abandon the former Contempo Realty building. 5. There is a monetary cost involved in demolishing the former Comempo Realty building. Similarly there is a monetary cost involved in relocating the Memorial Arch. The SFD does not have the money to cover these costs and still build a new fire stations. Although at first blush the Council may be of the opinion the monetary costs are not its concern15, since the public [the e~.vners of real property located within the SFD's boundazies] will ultimately be asked to pay for them it is' `~~here as here there is no need to transfer of the Heritage Plaza, why intentionally create a set of circumstances which adversely impacts the segment of the City located v~~itlvn the SFD's boundaries" 6. Closely related, by agreeing to transfer the Heritage Plaza the City encourages the SFD to sell a portion of the demolished former Contempo Realty site to: a) replace the parking spaces which will have to be dedicated to the City as part of the transfer; and, b) help defer the costs of development. 7. Finally, The Heritage Plaza is an Historic Landmark. Why relocate an historic landmark if not necessary; especially where as here it results in the other negative [to the SFD's residents] conse- quences? Just because someone wants City land does not mean it should entertain its conveyance. THE SFD's REQUEST THAT TWO OF THE FORMER CO?kT=hiFO REALTY SITE'S LOT LAVES BE "ADJUSTED" SHOULD BE B)_P~'I%F} The application asks that the common lot line between the former Contempo^-.ealty Parcels "B'~ and "C" be "adjusted." Both parcels are nonconforming [as is the former Contempo P,ealty Parcel "A"], and afrer the proposed "adjustment" they will remain nonconforming. The subject of lot line adjustments is addressed at SMC, ~§14-50.010, et seq. SMC, §14-50.04C states in part that applications for these kinds of adjustments shall be denied unless the following affir- mative findines can be made: "(1) that the proposed lot line adjustment is consistent ~~itlt the General Plan and any applicable specific plan; and, (2) that the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the ~rantins of a variance or use permit under Chapter I S of this Code or the granting of an exception under this Chapter..." I . The proposed lot line adjustment is not in conformity with the City's General Plan and Zoning Ordinance [SMC, §14-05.030) because it proposes expansion of a nonconformine use [expan- sion is prohibited by SMC, §15-65.060]. V 2. The proposed lot line adjustment will if granted create two new nonconforming lots which will be in violation of current zoning regulations. Why should the Council consciousl}~ approve a vio- ls If not its concern, then why recite the circumstances concerning the bond at paragraph IB o» page 2 of the settlement agreement? lation of the City's zoning requirements which results in nothing more than yet anothe~ variance request? 3. As aforesaids the SFD barely has the money to build a new fire station. By approving the SFD`s lot line adjustment request the City encourages the SFD to sell a portion of the newly created nonconforming lot to defer the monetary costs associated with its demolition of the former Contempo Realt}' building then necessary to replenish on site parking spaces it proposes transferring to the City in consideration of the Heritage Plaza. According to SMC, §15-65.010 the City's zoning regulations are intended to limit the number and extent of nonconforming uses and structures by prohibiting their enlargement, intensification and requiring their elimination and termination after reasonable periods of time.V~'here as here there is no real need for a lot line adjustment, why create a set of circumstances which adversely impacts the segment of the City located within the SFD's boundaries^ Or stated differ- ent]}>, why should the City care about assisting any landowner in selling a nonconforming and non developable parcel in violation of its zoning regulations? 4. Instead and what would make far more sense in this particular circumstance ~~-ould he to entertain an application for parcel merger in accordance with SMC, §14-65.010 because neither parcel conforms to the applicable standards for minimum site size. THE HIGHEST AND BEST FII2E STATION USE OF THE SFD'S "MULTIPLE ADJACENT LOTS" IS A SPLIT STATION DESIGN From a development perspective the more of the SFD's "support" and other functions which can be transferred from the station proper to the former Contempo Realty site, the less massive- bully and over encumbering the station proper becomes. If the City's Heritage Plaza is not transferred and the SFD's application for a lot line adjustment is denied [thus preserving its gross site coverage for potential development], the less massive, bulky and over encumbering the station proper becon;es. If the SFD responds development of a fire station incorporating the former Contempo Realty site is not practical, it should not be believed16. When the SFD used the proceeds of the bond to fund its condemnation of the former Contempo Realty site it represented to the public it required that building for a reconstructed fire station". When the SFD submitted its original development application more than a year ago, it represented to the City it was necessary to use the former Contempo Realty buildin~_ for a portion of its functions. What has changed? ] . Currently the SFD has 22 on site parking spaces located on the former Contempo Realty site. It proposes acquisition of the Heritage Plaza; transfer to the City of at least ] 0 of its current on site park- ins spots: demolition and abandonment of the former Contempo Realty building; a nonconforming lot line "adjustment" for 2 of the 3 former Contempo Realty parcels; sale to the Federated Church of one of those nonconforming parcels after adjustment; and then entry into a license with the Church to use 6 of the parking spaces created from its sale; and all for what? 24 on site parking spaces! Creative development of the former Contempo Realty which generates 2 additional on site parking spaces with= out permanent abandonment of the present building accomplishes so much more without all of the machinations. Doesn't this make more sense? t~ Furthermore, how is this any different than any other property owner's plea who seeks to over develop a nonconforming lot? "The bond" by its very terms prohibited use for anything other than a reconstructed fire station. l0 2. If without the Heritage Plaza the SFD hs at least 32,348 square feet of cross site covera_e: and the former Contempo Realty building's current footprint takes up but 4,150 square feet; that still leaves a potential 5,554 square foot footprint available to be constructed on the fire station proper site. A 5,654 square feet footprint on the fire station proper site is more than adequate for the follo« ing reasons. 3. If the Council studies page 8 of Exhibit "A" to the application it will discover the SFD has proposed 4,171 square feet of second floor improvements. Since similar square footase is replicated below, deducting this figure from the first floor without impacting any of the equipment apparatus bav_ and other stated improvements leaves 4,8] 6 square feet of improvements; well under the theoretical 5,554 maximum. 4. The undersigned has enclosed a drawing [attached hereto as Exhibit "D'] which depicts a reduced fire station proper under his proposal. All remaining fire station square footase can either or both be incorporated into a basement [which would not impact site coverage], or a two stot~~ version of the former Contempo Realty building. Remember, 5,554 square feet of proposed first floor square footase under the undersigned's proposal added to nearly 8,300 square feet of former Contempo Realty buildins improvements [a current 4,150 square foot footprint renovated as a two stop structm e) results in a total of 13,854 square feet of improvements even without. a basement. Althoush approximately 1,600 less square feet than the SFD proposes, it is still more than what the SFD proposed when its. orisina] development application came before the Council. IF THE COUNCIL APPROVES THE APPLICATION IT GUARANTEES THE SFI} ~r1'lLL COME BACK TO THE PROPERTY OWNERS WITHIN' ITS BOUNBARIES FOR A NEW BOND MEASURE SEEKING EVEN MORE! . If the Council approves the current application then it sanctions the waste of over S3 million of taxpayer moneys'8 on the SFD's now unnecessary acquisition of the former Contempo Realty buildins it originally represented was very necessary. There is only one public entity that can put a stop to this threatened waste; the Council! The only finances which remain for development of a reconstructed fire station. are the remainin~~ proceeds of the bonds. Scheme "A" estimated the cost of building an 1 ],000 square foot fire station and using the former Contempo Realty building's 4,150 square feet of improvements at $4.95 million. The application seeks an additional 4,435 square feet of fire station improvements. This is suaranteed to increase the project's cost by at least $1 million. Nearly $6 million to construct the project the SFD proposes less the bond's remaining $2.63 million means at ]east a $3.37 million shortfall! \~ntere is this money _~oing to come from other than a new bond measure? Please do not respond that the SFD's negligence is the cause of these cost overruns because if the application is approved, the blame falls equally on the Council. By fully utilizing the former Contempo Realty buildins thus reducing the mass of a reconstructed fire station proper, the Council accomplishes two positive endeavors. First, it makes the SFD adhere to the representations it made to the public in conjunction with passage of the bond. Second, it makes reconstruct-ion of a seismically safe and intel- lisent reconstructed fire station within its budgetary limitations possible. Construction of a 5,554 square 'a The dedication of at least 10 public parking spaces in the City's favor essentially disposes of former Contempo Realty Parcel "A." The "adjustment" of the common boundary line between Parcels "B" and "C" effectively results in the disposition of most of this ]and to the Church. Al] that remains is a scaled down portion of Parcel "B" which will be used for l2 on site parking spaces [remember, there are already 22 on site parking spaces]. 11 foot fire station p: oper and renovation of the former Contempt Reaty building may very well be able to be accomplished for less than $3 million. If all of Saratoga were paying the cost of the Council's decision, everyone would be ir, rile same sorry boat. But that will not be the case. Only roughly half of the City will be shackled Kith the threat of a new bond measure to account for these increased costs. This is neither fair nor right. Please, please protect the SFD's residents who ultimately will be forced to pay for the Council's decision. AESTHETICALLY, THE PROPOSED STRUCTURE'S DESIGN IS NOT C0114PATIBLE WITH THE IMMEDIATE SURROUNDL'CG NEIGHBORHOOD. The undersigned objects to the proposed structure's exterior design. Simply stated, it is not compatible with the immediate surrounding neighborhood. SMC, §15-46.040 [design criteria) declares that, "in reviewing applications for design review approval under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure wail] be con- structed, the architectural features and landscaping thereof shall be harmonious. Such features [shall) include height, elevations, roofs, material, color and appurtenances [andJ...(f) the proposed develop- ment shall be compatible in terms of height, bulk and design with other structures in the immediate area." Although a good portion of the bulk of the SFD's original development application has been mitigated, its Spanish file "mission" type design has not! Other than the Federated Church facing Oak Place, essentially none of the immediate neighborhood exhibits these kinds of architectural elements. The Council was presented with many of these aesthetic opposition arguments when the SFD's original development application came before it. A radically different Julia Morgan design [the Foothill Club] the SFD could mirror if so directed, is located around the corner. Remember, this is one of the most prominent and important sites in our City. Its design sets the standard for Village design for the next 50 or more years. In the undersigned's opinion wood versus stucco siding elements should be in- corporated into a reconstructed fire station; the same type of elements exhibited by the immediately adjacent former Con-tempo Realty building. CONCLUSION ` The settlement agreement can be no substitution for the public hearing and approval process. Thus for the SFD to argue the application complies with the settlement agreement and as such must be approved is disingenuous. Under the settlement agreement the SFD cannot even submit a development application which does not satisfy the restrictions stated therein. Because as aforesaid it has, the appeal for this reason alone should be summarily denied. This project is too important and sensitive to rush to judgment so rather than an outright denial the undersigned asks the Council direct the SFD to return to the Commission with a revised plan which in addition to the dictates of the settlement agreement incorporates the following key features19: a. Maximum use of the former Contempo Realty Building for all non-essential fire station proper "support" and other functions; b. Use of the rear alley [George Whelan «'ay) free of the City's right-of--way: 19 SMC, §15-90,070(c) states that in deciding the appeal the "...Council may affirm, reverse or ntodifti the decision of the Planning Commission, and may refer the matter back to the Planning Compassion fnr sup:. urther action as may be duetted by the Council..:" t' c. Not using the City's Heritage Plaza wlilch shall not be transferred; d. Retention of the former Contempo Realty site's existing 22 on site parking spaces; e. Exploration of ways of create an additional 2 on site parking spaces assuming this is evert nec- essary [according to the SFD it requires but 20 parking spaces because it has no more than 20 employ- - eesJ, or the SFD's entering into an agreement with its neighbor the Federated Church for use of 2 of its parking spaces during non "peak" hours; f Reducing the above ground size, mass and square footage of the fire station proper se it does not overburden [development wise] the site; g. Incorporating to the extent possible the SFD's current proposal for use of a below trade base- ment on the current fire station proper site as augmented to the extent possible by the rear alley; h. Restricting the fire station proper's ~ttucture to a maximum height of one story; i. Adhering to the City's side setback requirements for the northeasterly and westerly portions of the SFD's intended structure; j. In computing site coverage, directing the SFD to deduct [in accordance with SMC, § 15- 06.620(b)] any portion of any pazcel within the right-of--way of an existing public or private street, road or access easement, except an emergency access street; and, any portion of any parcel within a utility or other easement in favor of the Santa Clara Valley Water District; and, . k. Fully utilizing the former Contempo Realty site as it now exists without and lot line "adjust- ment." What are the benefits of the foregoing compared to what the SFD ]tas presented? a. The settlement agreement's requir~nent that the fomter Contempo Realty building be incor- porated into the SFD's intended use as set fdith in "Scheme A" is adhered to; b. The settlement agreement's requirement that the project's proposed improvement footprint exhibit no more than 30% of total site coverage as defined by SIviC, ~ 15-06.620(b) is adhered to; c. The City is no longer placed in the position of having to dispose of and relocate the Heritage Plaza; d. Although the City's reaz alley right-of--way will be vacated, given the SFD's de facto use for many years coupled with the generous front apron and other traffic mitigation measures it proposes, the undersigned believes this is a fair trade off; e. The SFD is made to adhere to the representations it made to we voters that the former Contem- po Realty building's acquisition was in fact necessary for reconstruction of the fire station and that our $3 million of the bond's proceeds were not, mpletely wasted; f. The SFD will not be required to give up any of its precious parking spaces; g. The City will not have to perpetuate a new and different nonconforming use [prohibited by its zoning regulations) created by "adjusting" any of the lots comprising the former Contempo Realty site; 13 h. Aesthetically the mass and bulk of the fire station proper will be greatly ntitig~ted; i. Most of the bulk of the fire station proper will be transferred onto the former Contempo Realty site ti~hich because of its size and orientation is better suited to absorb it; j. Maintaining the Heritage Plaza will perpetuate an historical landmark a~td continue to act as a park buffer between the fire station proper and Highway 9 [which further mitigates the size of the fire station proper]; k. The proposed design of the project as a whole will be changed to somethins sofrer and far more compatible with the immediate surrounding neighborhood [a true benchmark for future Villase design]; and, ` 1. That portion of the City which will have to pay for a reconstnicted fire station will have a far better chance of avoiding a new and overly costly bond measure. The undersigned thanks the Council for its collective courtesies, consideration and assistance with respect to this important community development decision and, ALK/a encl. Ve t yy s, AA N .KATZ P.O. Box l lb Saratoga, CA. 9507]-0116 (408)74]-1008 (408) 741-5927 e-mail • smartenlfskitrips.net 14 lJ C~ EXHIBIT "A" MEASURE "F" BO\D 1IEASURL• ii ion 7 ] Special Election April 11, 2000 SARATOGA FIRE PROTECTIOf!" DISTRICT MEASURES SUBMITTED TO THE VOTERS Shall Saratoga Fire Protection District maintain tcp quality fire protectionlemergency medical services by acquiring property and replacing its unsafe, 70-year-old building with a seismically safe fir station including a public meetingftraining room, first aid treatment area, and modern technology to insure rapid response tc emergenc with citizen oversight and no money for salaries or benefits. by issui $5,975,000 of bonds at an interest rate within the legal limit COUNTY COUNSEL'S IM?ARTIAL ANP.LYSIS OF fl4EASURc The California Constitution authorizes districts to issue bonded indebtedness for the purpose of acquiring or improving real propert upon approval of two-thirds of the votes cast by voters in an electio The Constitution permits the debt service on such bonds to be paid through the imposition of ad valorem property taxes on property loc within the district. The Saratoga Fire Protection District proposes to issue oeneral obligation bonds not to exceed X5.975 million. The mab_:-it~,~ of on•,~ bonds issued would not exceed 30 years at a rate o. Into: est v/rth~n legal limit. With citizen oversight, proceeds of the bonds v/ouid be used to maintain top-quality fire protection/emergency medical services by acquiring property and replacing the district's unsafe; 70-year-old building with a seismically safe fire station including a public meeting/training room, first aid treatment area, and modern technol to insure rapid response to emergencies. No proceeds tn~ould be us for salaries or benefits. Bond obligations would be repaid through on property within the district, based upon the taxable vz!ue of su•:'-. property. A "yes" vote is a vote to authorize the issuance ar:;; sale of the ger, obligationbonds not to exceed the aggregate principal amount of $5,975.000 for the uses specified. A "no" vote is a vote not to aut~orize the issuance and sale of said bonds. EXHIBIT "B" LAWStiIT SETTLEMENT AGREE?~IENT ii ~ - „0's ii:SC $` Dn1Tt.71:5ALS ~ V'UC: _- 6 i 8 I ELL150'~ FOLK (State Baz Flo. 149232) RICHARD TAYLOR (State Bar No. 13903? ) `1ARLENA BYRNE (State Bar No. 212''511 ~ SHUTE. ?r1IHALY 8 WEINBERGER LLP 39o Haves Stee: San Francisco, CA 94102 Telephone: (415) 552-?2?2 acstmile: (415) ~~2-5816 At:orne}'s iot Respondents and Defendants CITY OF S.4RATOGA 9 10 11 12 13 14' 151 16 1' 18 19 20 21 22 23 24 '' ~6 27 28 LJ SUPERIOR COURT OF CALIFORtiIA COUNTY OF SANTA CLARA SARATOGA FIRE PROTECTION DISTRICT, ) Case No. CV 803540 Petitioner and Plaintiff, ) STIPLLATIO\ A\D ]PROPOSED] ORDER v. ) ESTABLISHING PROCESS FOR SETTLEMENT CITY OF SARATOGA, and CTTY COUNCII, OF THE CITY OF SARATOGA, Respondenu and Defendants. Petitioner and Plaintiff Saratega Fire Protection District ("District") and Respondents and Defendants City of Saratoga ("Cit}~') and the City Council of the City of Saratoga ("City Council"), (collectively, "City"),hereby agree and stipulate as follows: 1. The District and the City (collectively, "the parties") enter into this Stipulation Establishing Process for Settlement (`'Stipulation") upon the basis of the following facts, understandings and intentions of the parties: A. The District's action arises out of the decision of the City to deny the District`s '~Iazch 6, 2001 applications for design review, and use permits (collectively, "Application") w demolish an existing fire station, maintain a temporary fire station, and construct anew- fire station at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road ("Project"). Cue 1.b. CV 803540 57IPL1ATi0t AND (PROPCSEDJ ORDER FSTAHLLS3:N~ PROCESS FOR SETriEMEAT 1 5 L'~Tt . ~ i &.iil- i i I ' t 1 B. The District s exis ing fire station buildir: is ;o: ated on :he Project 2 sin: znd has been found seismically unsound according to an engiacering study 3 cemmissiored by the Disc c:. ?.dditionally, the District seeks replacement of the exis~ng 4 i fire nation because it hss determined that the current building is too small to meet the i space needs of the District znd its emplcyees. In I998, the District commissioned a ~ 6 conceptual design for a acv station on the Project site and in 2000, the voters of the ~ 7 Saratoga Fire Protection District approved 3E,000,000 worth of bonds for the purchase of 8 property adjacent to the Project site and the construction of a new station. la preparation 9 for permitting and constructing the neti• station, the District, among other preparations, 10 cottunissioned a traffic study, which concluded that the development of a new fire stztion 1 I would produce no additional impacts to traffe. 12 C. The Disvict submitted its Application to the City on March 6, 2001. 13 Tne District also requested a temporary use permit to relocate the existing fire station to 14 the adjacent property, which currently houses the "Contempo Building." The District's ] 5 Project ro osal would have re d the Cit to ad ui t th • li f h i ' p p q re y jus e propem ne o t e D strict s ib property (a Lot-line adjustment) and to transfer 529 square feet of City-owned property, 17 now encompassing the City`s Heritage Plaza, to the District. As initially proposed, the 18 District's Project would have required exceptions from the Cit}%s zoning code, which code 19 currently limits site coverage to 30 percent of the Project site and requues setbacks of 25 20 feet on all sides. In addition, the 35 foot height of the Project would have exceeded the 21 30 foot heieht limitation of the applicable zoning aistrict. 22 D. The City Planning Commission held hearings on the Application on 23 June 13 and June 27, 2001 and approved the Project as proposed. Tn approving the 24 project, the Planning Commission made several findings, including fmding that the 25 building's elevation, height, and placement did not unreasonably interfere with views and 26 privacy and that ?he proposcd Project was compatible with the surrounding environrnent, 27 includmg surrounding savctures, and with the Cit}%s Zoning Ordinance. Following the 28 approval, two members of the public appealed the Plannin? Commission's action to the Case W. Cv 803540 SttPULATION ti\'D [PROPOSED] O,ZDFA ESrABt.51$iG PROCE55 FOR 5ET71~~.'1E\T 2 G' r9'U^_ 11:50 J 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 ~; 23 24 25 26 27 28 ~ City Council. '~. E. On September',, 2001, the Cin• Ccunci] heard the appeal. After extersn•e discussic~ and testimony from the public, the City Council upheld tare appear and denied tie District's Application. Among the reasons cited in suppor of the denial were the mass of the building; t'ne lack of setbacks, the 100 percent site coverage acrd the Proiec*'s incompatibility with the neighbozhood and lack of consistency with existing zoning. The Ciry denied the Application without prejudice. F. Following the City's denial of the District's Application, the Distnc: filed a petition for writ of mandate on December 4, 2001, claiming that the City abused its discretion in denying the District's Application and that the denial effected a tairing. On February 23, 2002, the Court sustained the City's demurrer to the District's second cause of action alleging that the. City's denial resulted in a taking of their property. The Coun ruled that the District's claim was not ripe for adjudication. The Court o anted leave to amend and District served the City with as amended complaint on March 15, 2002, alleging the same claims for abuse of discretion and a taking. Oa April 15, 2002, the City filed a second demurrer to the District's second cause of action alleging a taking. G. Following the denial of the Application, the City instituted a planning process for development of a public safety center, including a 5re station, at the intersection where the current 8re station is located. An Ad Hoc Committee including representatives of the City, the District, several adjoining landowners, and interested members of the community was created to develop a public safety center plan. The Ad Hoc Comminee developed alternative conceptual plans for the site which were reviewed by the City CounciLin a public meeting on April I7, 2002. H. As a result of this planning process and the District's involvement as an active participant, settlement between the parties has become a viable option. At the ' April 17, 2002 City Council meeting the City Council directed City staff to work wiL~ the District to facilitate a land exchange between the City and the District necessary to allow development of the "Scheme A" conceptual design presented at the April 17, 2002 City Cssc \o. Cv 80330 STIPULA'CIO~ AND [PROPOSED] ORDER ESTAHLLSFit~G PROCESS FOR SEiSiE~7 3 .- :~ o^ rt:,, ~ sst,r.~:a~i.': • , `' 1 I Council meenng. The Ciy Council also directed staff to cooperate with the District as it 2 i prepared a revised plan fcr the development of a fire station consistent wt;h :he Scheme A coacep:,rzl design. Before the District filed an opposition to the Ciry's second demurrer, i '~ the Darties svpu:ated to a stay of litigation, which supuIation was signed by the Cou.^, a-rd i 5 Iii tiled on June 6, 2002. That stipulation stayed all proceedings in the litigation, mclt:ding 6 !~ the Citv`s second demurrer, for sixty (60} days from the date of the stipulation m order to facilitate settlement. 8 I. The parties have engaged in extensive discussions for the purpose of 9 negotia:ine she terms o`a settlement of thependinL litigation. The Disvict and the City 10 have now reached agre_ment on the terms of a settlement of this action that they coastder 11 to be a iust, fair, adequate and equitable resolution of the claims raised in the petition. 12 J. By this Stipulation, the parties seek to set forth the terms of rhea 13 settlement agreement and to establish the procedures and processes by which the 14 settlement will be incorporated into a Stipulation for Entry of Final Judgment. ] 5 2. All proceedings in this action shall be stayed, including all pleadings and l6 other materials which might otherwise be filed, Any applicable time deadlines, times 17 within which the mztter must be brought to trial, and/or statute of limitations are tolled 18 ~ from the date of the Order herein to the date of termination of this Sti ul ti if b p a on, any, y 19 either parry hereto. The District shall pay the normal fees and costs charged by the City 20 for processing the modified applications referred to herein, as established by the City's 21 adopted fee scheduled. 22 3. The terms of the settlement agreement and the process to incorporzte that 23 se;dement into a Stipulation for Envy of Final judgment are set fonh below: 24 A. The City Council shall entertain a motion for reconsideration of its 25 September 5, 2001 denia] of the Application pursuant to Sazatoga City Code section 2- 26 10.110(f). The motion for reconsideration will propose that the City Council: (a) rescind 2 ; the denial; (b) direct the District m return to the Planning Commission with a modified 28 application consistent with the Ad Hoc Committee's "Scheme A" modified to show all Cue W. r 803590 STIPC'I.Ar10N AND (PROPOSED) ORDER FS7ABI.6tiING PROCESS FOR SErn.ElttTT Q C J Sal._z.NiH.j ~': I~ I i -i /arKlag rCf Lne D!S"_''ICt and City on land owned by the District and wtth sa zae.~ance 2 !~ oar::inc design including lsrds owned by adjoiling landouvers that could be +I. 5 ~ cepy of "Scheme A" is attached as Exhibit I and is hereby incorporated bg this :efe:ence. 'il 6 I B. The City Council shall initiate proceedings to consider vacating the 7 public right-of-way in the alley adjacent to the existing fits station and shall request she 8 ~ P1arLning Commission to review the proposed vacation and the transfer of the Heritage 9 I~ Plaza property to the District for conformity with the City's General Plan pursuznt to 10 ( Government Code section 65402(a). l l C. The District will develop plans for a fse station based on the Ad Hoc I" Committee's Scheme A. T"he design will, at a minimum, meet the City's height 13 limitations and standard front and side yard setback requirements, except as otherwise ] 4 provided herein. The design will include a front apron of at least 59 feet. The City 15 ~ acknowledges that an exception to the City's rear and side yard setback requirements will i 16 i be required for the portion of the structure along the southeast property line and that an 1? I exception to the Ciry's site coverage requirements will be required because the project is 18 being developed on multiple adjacent lots. In no event, however, will the project's site 19 coverage exceed 30 percent of the total azea of all of the lots combined. City staff will 20 cooperate with the District in seeking to define design elements that will promote site 21 compatibility, consistent with the District's intended use of the site. 22 D. As the project sponsor, the Districrwill act as lead agency under the .._ Caiifomia Environmental Quality Aci ("CbQA"), Public Resources Code § 21000 et sec.. 24 and will prepare a Mitigated Negative Declaration for the new design. The project 35 description will include the new fire station and temporary fire station as well as the 26 vzcation of the alley and the transfer of the Heritage Plaza property necessary for the new 2' fire station design. The Citywi2l be a responsible agency under CEQA. 28 E. The District will endeavor to submit the proposed Mitigated rye No. cv so~sao S78l:LA170~ AND (PROPOSED] ORDER • F57ABLISHn:G PAOCFSS FOR SETLIFME.\T S '~ itnpietrlented at the •.ption oftlle District andadjoiaing lz=.deR'ners; znd (c) diree: ;he 4 ~~ Plzanine Commis<_ion to review the design for general conformity with Scheme A. A `~C'~ r- :y n_ 1;:5: 1 3 4 6 7 8 9 !0 11 12 13 14 1~ 16 17 18 19 20 21 L2 ~3 I 24 25 26 27 28 G SELTE. yIE.=. L', ~ ~egaeve Deciaranoa~Inirai .mdy and its completed application for the new ti:e station and the temporar;• facility to be used during construction of the neu fire station to the Ci-y by August 23, 2002. i F. The Community Development Department, after receipt oI the I District'_< application and tqe proposed Mitigated Negative Dcclaration'Initial Stacy, sha:i j promptly review the application to determine its completeness and consistenc}~ wita Scheme A and shall thereafter notice a public hearing before the Planning Commission to consider the application and the vacation of the alley and transfer of the Heritage Plaza property. The City will endeavor to have these matters heard by the Planning Commission at its meeting of September 25, 2002. The District will provide the Ciry with iu approved Mitigated Negative Declaration no later than one week before the matters are to be head by the Planning Commission. G. In the event that any decision of the Planning Commission regarding the application is appealed, the City will act to schedule the appeal for consideration by the City Council at the first avail2ble meeting following the appeal consistent with all applicable City policies. H. Following Planning Commission review of the proposed vacation of 'i the alley and transfer of the Heritage Plaza property, the Ciry Council will hold a public hearing to consider whether to vacate the public right-of--way in the alley and whether to convey the Heritage Plaza property to the District. The Ciry will endeavor to have these marten heard by the City Council at its meeting of October 16, 2002. The conveyance of the Heritage Plaza property to the District shall be in exchange for the followings (1) dedication to permanent public use of at least ten (10) public parking spaces controlled by the Ciry in addition to the twenty-four (24) spaces required by the District ptusuani to a shared use parking agreement in form and content acceptable to the City to be recorded in the office of the County Recorder; (2) an easement eight feet in width for passage of pedestrians and bicycles within :he setback of the western side of the Fire Station property along State Route 9; and (3) an easement ten feet in width for passage of c.+~ w. ct, eo3seo sreut.wnat a~•o IPAOPOSmI oRnER ESrA8LlstiQ7O PROCESS FOA SETT1EMEi7 6 1 3I ~~ y'. 6I 7I 8 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g Slit :T . 1I li~1L~' .L JV^ pedestrians and l;icycies within the front apron of the fire station adjacent to Suzzoga ?venue. The property subject to the easement along Saratoga ,4venue shat be masked cisanctively (e.g., with colored concrete or brickwork; to aistinguish the peccst::an zone fror.. ?he : ernainder of the Fire Station zpron. The Diseict shall co~~er cols associated a•itr, relocating the 1~femo:tai Arch in the Heritage Plaza to Blaney Plaza includire removal, transportation, foundation construction, and installation. All cosu relating to the design of Blaney Plaza and all Blaney Plaza improvements other than the foundation necessary to suppor, the vlemorial Arch shall be paid by the City. Nothing in this agreement shall obligate the City to pay any costs that maybe associated with relocattng the San Jose Water Company water line located in the alley subject to vacation proceedings. I. The Community Development Department staff shall diligently seek to expedite consideration of the District's application. Nothing herein contained shall be deemed to restrict the discrtaion of the City to consider such matters as maybe appropriate, provided, how•evez, that if, as a result of the public heazing process or for nay other reason, the City proposes to or makes any change in the District's application that would cause it to be inconsistent in any material respect with this Stipulation the parties wall meet and confer in good faith with the goal of resolving the inconsistency. The parties shall take the following steps to attempt to resolve any differences regarding changes or proposed changes in the application: 1. The parties may agree to the proposed change or changes; 2. If all parties do not agree to the proposed change or changes, 3e parties shall endeavor to develop a mutually agreeable alternative for recommendation *.o the City Council and the District, but if no agreement is reached, either party may terminate this stipulation, and if so terminated, the stay provided in pazagraph 2 shall be dissolved. 4. If the City approves the District's application as submitted or as modified with the consent of the District, and if the City also vacates the alley and approves the Cut iJO. Cv 803590 5T11'LaAT10~ AND [PROPOSED) ORDER 'c.5rA8L5}CNG PROCESS FOR SESY1~tENr ~ L~ 12 .,~ -..;.~ u h ~ ( ~ the "Protec:Anions") 1 tr2nsfer of the Heritage Plaza property tot e Distric, col.ectiveh• _ 6~ 7 8 9 ]0 11 12 13 14 1~ 16, ]7 18 19 20 22 c2 23 24 i 2t' 761 27 28i 2 ~~ ther. a Stipulation for Entry of Final Judgement and proposed Final Judgement shall be ;=GC2 :- ~~ hied with the Court within 10 d2ys after the date en which the last Project ct:cn 4 !I becomes final. The Stipulation fo: Entry of Final Jtdgement shall provide .`or a re:ea5e of all the Distnct's claims and relief sought against the City, its empio}'ees, agens, and elected officials and shall include the terms of this settlement agreement set forth in para¢raphs five (5) through twenty-six (26) below, if the City does not approve one or more of the Project Actions then this Stipulation maybe terminated a2 the option of either party and; if so terminated, the sray provided for in paragraph 2 shall be dissolved. Termination of this Stipulation and dissolution of the stay provided for in paragraph 2 shall be the sole remedy for breach of nay agreement in paragraphs 3 and 4 of this Stipulation. 5. Each pazty releases and forever discharges each other parry and their respective successors, assigns, boards, council, departments, officials, officers, directors, employees, subsidiaries, pazents; zffiliates, contractors, agents, representatives, and attorneys (collectively, "Released Parties"), from and against any and all claims, demands, actions, causes of action, proceedings, obligations, liabilities, damages, losses; costs and expenses (including attomeys' fees and costs) of any nature whatsoever, at law ~ or in equity, known or unknown, foreseen or unforeseen, contingent or noncontingent, which the Ciry or the District (each a "Releasor")now has or may hold, based upon any fact, act or omission occurring prior to the date of this Agreement related to *.his action or ir. any way arising out of or in connection with: (a) the City's denial of the Application I including all actions alleged in the District's claim for damages filed with the City and subsequent filings with the Superior Court; (b) subsequent acts or omissions of the Ciry• I with respect to such denial occurring prior to the date of this Stipulation; and (c) the ~ commencement, prosecution or defense of this action (collectively, "Released Claims"). 6. Each Releasor hereby waives the provisions of section 1542 of the California Civil Code, which reads as follows: Cue T+o. CV 803540 STIP(JLAT3CN a`D (PROtK35ED) ORDER FSTABL!SFL'~G PROC°SS FOR $E,iLT~fF1dT 8 `J • 2 z a 6 7 8 0 10 12 13 14 IS ]6 17 18 19 20 21 22 ~~ 24 25 26 I, 27 28 5r Tr.Niti:.:. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the umc of executing the release, which if isnown by him must have materially affected his settlemtnt with the debtor. .~ ~:.. , i ne parties fully understand that the facts presently known to them may late: Se fot:ad to be diffe:ea: ai:d each of them knowingly and expressly accepts and as<_umes t:e :is: zad responsibility' that the facts mzy be found to be different. The parties ..`urthe: agree hat, notwithstanding any such differences in facts, this Agreement shall be effective in ali respects in accordance with its terms. This release shall not be construed to limit the right f of any' party to assert any claim or cause of ac'uon arising in tonnectioa with any event, fact, circumstance, or violation of law occurring after the date of this Agreement. This release also shall not be construed to limit the rights of any party, or their members, represenratives or agents, from taking positions adverse to each other on manors other than the instaa*. action. It`otwithstanding any provision herein to the contrary, the release and waiver and other provisions of this section shall not release or excuse nay party to this Stipulation from performing its respective obligations under this Stipulation. 7. Each parry to this action shall beat its own attomcys', expens', and other consultants' fees znd costs incurred in connection with this action, and, without limiting any' other provision of this section, each party fully and forever waives and releases zny claims against the other parties for the recovery, reimbursement or payment of any such fees or costs and any such fees or costs in connection with the negotiation, preparation or implementation of this Stipulation. 8. Each Releasor covenants and agrees that, from and following dismissal of this action pursuant to this Stipulation, it shalt forever refrain from instituting, prosecuting, maintaining, proceeding on, or participating in any lawsuit, action, or proceeding (judicial, arbitration, or administrative) against any Released Parties which azises out of, o: `s or may be, in whole or in part, based upon, connected with or related to any Released Claims. The parties acknowledge and agree that this Agreement is a complete defense to any lawsuit, action, or proceeding which may be instituted by or on c~ w. cv sors+o s:-~LVatoN nv-o (PROeosrn7 oRnatt :S:ABLISHII:G?ROCT35 FOR stTiE~~7 9 u i 1i II ~I 1 II behalf of a pa:n• at any time against any Released Patsies wherein any Released Ciaims f a;e or may be asserted. I 3 ~ 9. Subject to the provisions of this Stipulation, this Supulatio~ :.onstitutes a I 4 ~~ fully binding and complete settlement between the parties. This Stipulation includes II ~iading contract rights and pro~•isioas. 6 7 s 9 ]0 11 l~ 13 14 1~ 16 ]7 18 19 20~' 21 ~,I 23 ~4' ?~ 26 ?~ 28 10. The parties acknowledge and agree that this Stipulation and all further (~ documents and actions hereunder a:e made in compromise of disputed claims and do not .~.,__ .. I constitute, and shall not be construed as, any admission of Lability or responsibility of any II ktnd on the part of any party to the Action or any other Released Parries. 11. The parties represent, warrant and covenant to each other thzt they are the sole owners of the Released Claims and that they have'not assigned, transferred, sold or II conveyed all or any' portion of their rights or interests in or to the Relezsed Claims. Each parry agrees to indemnify, defend and hold harmless the other party from sad against any and all claims and demznds brought by any third party claiming to have succeeded to any such rights or interests or otherwise arising out of the breach of any representation, I) warranty or covenant made by the indemnifying party in this Stipulation. 12. In any action or proceeding at law or in equity between any of the parries to enforce or interpzet any provision of this Stipulation, each party shall bear all of its own costs, including attorneys' and experts' lees. 13. The parties acknowledge that they have been represented by independent legal counsel throughout the negotiations that culminated in the execution of this i Stipulation. The parries fu.-they acknowledge that they have been fully advised by their attomeys with respect to their righu and obligations under this Stipulation and understand those rights and obligations. The parties also acknowledge that, prior to the execution of. this Stipulation, they and their legal counsel have had as adequate opportuniry to make whatever investigation and inquiries were deemed necessary or desirable with respect to the subject matter of this Stipulation. 14. Any notice or communication required hereunder between any parties must Case No. N 6a350G S7IPULAT7G.~' AT7~ IPROPOSEDj ORDER FSTABL'S'iaNG PROCESS FOR SE'iT1EMtTT 1 O 1I, 3; 6 7 8 9 10 11 12 13 14 1S 16 li 18 19 20 21 22 23 24 2S 26 27 ~8 be in writing and shall be deiivered personally; by facsimiles (with original forvvarded'o} C.S. \4ai1), or by Federal Express or outer similar courier promising overnieh; delrven tictce shall be deemed to hive been duly giver. znd received: (a) when de'.r:erect tf ~ersenally delivered to the recipient; (b) when fully vansmitted to the recipient's Ij :! 'acsimile device if sent by facsim~e during normai business hours, provided such device ! is capable of generating a written confirmation of such transmission and receipt and an original is deposited in the L".S. lvlail, first class, within two (2) business days thereafter; II or (cl on the fast business day following delivery to an overnight delivery service, j prey ided delivery is confirmed by the delivery service. Any parry hereto may at any time, It by eiving three (3) days written advance notice to the other parries hereto, designate a it new address and%or facsimile number for notices and communications pursuant to this i~ Stipulation. If to the City: Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 With a copy Richard Taylor (which copy shall City Attorney not constitute Shute, Mihaly & Weinberger LLP notice) to: 396 Hayes Street San Francisco, CA 94102 If to the District: Ernest O. Kraule Fire Chief Saratoga Fire Department ]4380 Saratoga Ave Saratoga, CA 95070 R'ith copy to: Harold S. Toppel Atkinson-Farasyn, LLP 660 West Dana Street Mountain View, CA 94042 15. This Stipulatidn, including all recitals hereto, constitutes the entire agreement between the parties with respect to the subject mater hereof and supersedes any and all prior or contemporaneous understandings, negotiations, representations, promises, and agreements; oral or written, by or between the parties with respect to the Casc Tb. CV 8033A0 S:^3tJUT7GLV At.'D (PROPOSED] ORDER FSTAat15;tING PROCE55 FOR SE7T.EME17 I I i i 1 a c 6 7 8 9 10 11 12 13 14 1~ 16 li 18 19 20 21 22 ~3 241, 25 26 z~ 2a ~j subiea matter hereof. Sc:.=. Sti.._. 16. The provisions of this Stipulation may not be amended, modified, or otherwise changed or supplemented except by a wrung signed by duly authorezed ~~ representati~•es of all parties to the Stipulation. ~..:::.. i'. This Stipulation shall be construed and enforced pursuant to the laws of the State of CaIifomis. 18. This Stipulation shall be interpreted and construed in the manner best calculated to carry out iu purpose of achieving a settlement of this action. .4s used herein: (a) the singular shall include the plural (and vice versa) where the context so requires; (b) locative adverbs such as "herein," "hereto," "hereof," or "hereunder" shall refer to this Agreement in its entirety and not to any specific section or paragrsph; (c) the terms "L-rclude," "including," and similar terms shall be construed as though followed .immediately by the phrase "but not limited to;" and (d) "shall" is mandatory and "may" is permissive. The patties have jointly participated in the negotiation and drafring of this .4~reemer.!, and this Agreement shall be construed fairly and equally as to the panics, without regard to any rules of construction relating to the party who drafted a particulaz provision of this Agreement. l9. If any tetTn or provision of this Stipulation is ever determined to be invalid or unenforceable for any reason, such term or provision shall be severed from this Stipulation without affecting the validity or enforceability of the remainder of this Stipulation. 20. Each of the parties agrees to execute and deliver all further documents and to take all further actions reasonably necessary or appropriate to carry out the provisions of this Stipulation. 21. Alt references in this Stipulation to "da}•s" shall mean calendar days unless expressly referred to•as "business days." ]f the day for performance of any obligation ~ under this Stipulation is a Sarurdzy, Sunday, or legal holiday, then the time for performance of that obligation shall be extended to the first following day that is not a Gso rb. cv so,sac . . sTIPULATIO`: wND (PROPOSEDI ORDER 3TwaL15HMG PROCESS FOR SE'I'TLEME'.T I „- _.. C. 11::. Lrs. ~n~~.uil:.i~ -_J s i 4 6 7 8 9 10 li 12 13 14 i5 16 17i lgl 19 20 2i 22 23 24 25 26 27 28 Sa:urda~. Sunday, or legal holiday. I~ 22. This Stipulation shall be binding upon and shall inure to the benefit e:he 'i panies and :heir respective affiliates; successors and assigns. 23. The parries represent and warrant to each other that they have taken ali requisite action to approve, authorize; execute and deliver this Stipulation and that esclt person executing this Stipulation on their behalf has all requisite powez and authority to execute this Stipulation and to bind the parties to the provisions of this Stipulation. 24. \otwithstandingnny provision herein to the contrary, this Stipulation shall not be e.`fective unless and until it is executed by al] parties. 25. This Stipulation shall be interpreted and construed in the manner bes*. calculated to carry out its purposes of achieving a settlement of this action. This Court shall retain jurisdiction over this acdon until after the planning and zoning approvals and the environmental review described herein has been completed for the purpose of enabling the parties to apply to the Court for any fuzther orders and directions that maybe necessary or appropriate to construe, implement or enforce compliance with the terms set forth in this Stipulation. 26. Each signatory hereto represents that he or she is authorized to execute this Stipulation so as to bind the parties on whose behalf he or site is a signatory. This Stipulation maybe executed in separate counterparts. The parties shall be entitled to rely upon facsimile copies of the parties' signarures to this Stipulation and any instrument executed in connection herewith. DATED: July 2002 DATED: July _, 2002 sTtPC:tanox n;.~ [PROrostml oROER ESTasiSHthG PROCESS POR SETTtF~.iHPr SARATOGA FIRE PROTECTION DISTRICT I3 CITY OF SARATOGA, et al. Y 5 6 7 8 9 10 I1 13 • i4 16 li 18 19 20 21 22 23. 24 25 26 27 28 APPROVED AS TO FORM: I DATED: Jui}•~~ 2002 .APPROVED AS TO FORM: DATED: July, 2002 f' By NI K STRbIT, OR Sazatoga Ciry Council SHUTS, Iv4IHALY & WEII~BERGER LLP RICHARD S. TAYLOR Attorneys for Respondenu end Defendants City of Saratoga, City Council of the City of Saratoga ATKINSON-FARASYN, LLP By: OLD S. T E Attorney for Petitioner and Plaintiff Saratoga Fire Protection District STiPUI,ATIO\ qND RROPOSEDI OROER ESTwaL15HING PROCESS FOR SEITIEMII.T ]4 • ~: ... __ _ iv a~ SHLT . ?:: n.~L~~ I~ ~+ OR,;= R APPROVING STIPI~LATIO` ES7' BUSHING PROCESS FOR 8ETTLEME\'T ~~ The Court, having reviewed the Stipulation of the parties in regard to ;~ settlement, approves the Stipulation and enters it as an order of the Cotu-t. 1P II ~~ J DATED: , 2002 6 Jude of the Superior Coun of the County of Santa Clara 7 a ~~ 9,: PP:`SnAATOGA\FD~Smlemcatlmgb001.settlemeat.v5.wpd 10 11 j 1.:II 13!( I a , i t5 ;~ 16 18 ~ 19 20 I+; 2' ~ 2_ ~+ i 23 ~ 24 ~a I i ~6 I I 2r I 28 L i ~ 1 STIPL"IJ.TIOIJ p\'D [PAOFOSED) ORDER ESTABLISF;it•IG PROCESS FOR SEISlF.NL'BhhT I S '. - K ~~ ~ °~ ~'= -~ ~ ~~~~ ~ ~' ~~. ~.~ .1 ti y , .Y: r4<~]i ~~ ~~~:~; ~`' r~ 4 l :, ~ _ ~ ~ 4 ~ `. ~i . ~~~1~ Q W n~ W (V ~/ ~, S3~Tc.~S?-.-~ ~ r ,... O ~ 0 ~ Q. .1 ~ ~ -;,. ~ a' V ~ a ~ ~` bA ,~ '~ Ga a a~ ~ ~~ ~ ~ cn ._ c' o ~~ ~ ~ ~ v O ~ O O 0 C .Y L G bA >_ R _V F r~ 8~ ~I ~~ I ~ . '2~' ~ >OB' ~' ~''~' ~' =F 'G~ ~1 .~ +x: ~. I i ~ ;;_- .. i ~ •~ tt ti • ,((, ;~ F! t ,; ;;~~ ~, .. ~'~ ~~ r ss i ,1 ~.. ,, ;. ;; y. ~~: ,:. ~::, '' ~ { 1 _~: j oEi f i.+, 1 4 r1 EXHIBIT "C" AD HOC CO?~LVIITTEE'S "SCHEME A" iv i 1 386[1 Btackhawk Road ~~,Ic~,CwCAp9~4506 T \925)646 66U0 (925)648 681] ` _ ;~`-: ;:. _ ~~ - - - :~_ ,~ _ ______ PUBLIC SAFETY ..CENTER City Council Final Presentation . T' ~ April 17, 200: a i ~~ __ --_z. ~~~ _ --- is:C ~.. ~-" F ," -. "•E9 v~~ ~~ ~ c ~.-~~.. ,F9, i i L ~~ <: G Ecs: Avenue •FCwITECT one EeG/NFFNS ~~%e~"10/e ~? y«J(: 925 aa7 Ipf I ~~ F. 925.+a; 9366 .SfO wylas bou,~evarcf ~osevNe CA 956E• 9fE -'2'9W dff -`, t92p E l+anga~ Ney Sune C wa:scnn/~e Za y50'E - ET 'ff E22 EXECUTIVE SUMMARY < .~~ -Er rat' Housed in a facility built in the 1920'5, the existing fire station, located at the southeast comer of the Saratoga Avenue and Highway 9, was determined to be non-compliant with current codes, seismically unsafe and therefore, in need of replacement. The concept of a Public Safety Center was initially considered in the mid 1990's and was pursued by a site committee very similar to the current Ad Hoc Committee. However, after much discussion and investigation, the concept of the Public Safety Center was abandoned due to differences between the Postal Service and the Fire District with regard to the use, sale, and acquisition of the Postal Service property immediately adjacent to the existing Fire Station. A bond measure was passed in the year 2000 allowing Fire District to proceed with the design of a new facility to be located on the current site, The District also acquired the Contempo property to supplement its anticipated building program needs and to serve as a temporary fire station during the construction of the new facilty. Unfortunately, the new design required numerous exceptions to existing zoning regulations and was rejected by the City Council. In response to the Council's and the concerns of individual citizens and citizen groups. the Mayor of Saratoga appointed an Ad Hoc Committee comprised of stakeholders and residents with an interest in a new Public Safety Center for the City of Saratoga, This Committee comprised of the following voting members: • Nick Streit • Chiet Ernest Kraule • Jane Decker /Dennis Bacon • Curtis Jewell • Pastor Arvin Emgelson • Don Whetstone • Mike Garakani • Brian Stystinger • Francis Andreson • Warren Lampshire • David Doloff Mayor. Saratoga Fire District Santa Clara County Executive Officer/ Santa Clara County Sheriffs Department United States Postal Service Federated Church of Saratoga Public at Large Planning Commissioner Public at LargeNillage Green Neighborhood Association Public Safety Commission Public at Large Fire Fighters Citizen Task Force Other non-voting committee attendees: • Dave Anderson City Manager/Facilitator • Jeff Miles Santa Clara County Sheriffs Department • Flora Cox Adjoining property owner • Reese Williams Citizen • Jerry Bruce Federated Church of Saratoga • Tom Blaisdell Fire Fighters Citizen Task Force • Marlene Duffin Foothill Club "Providing Value through Quality, Service and Innovation" '~ C.TJ C~ ~a/21GC2 +EGpYE ~U.^.TB~J ~. F~O~PCf (c~ "AC=O~ ~ e9P J improvements that would be beneficia: tc Public Safety Center regardless of fire sr.:i~on 1ccaUOn. More responsive CalTrans input has alsc resultetl in the incorporation of possible res;nc;icns of vehicular movement intc and out of the sate. Demenstrtion of aC,ual fare truck move•-~ents assisted in the development of more accurate fuming movement requirements. Through two additional weeks of meetings and concept development, ATI is providing for Council's consideration, two altematives which are both supported in varying degrees by the Ad Hoc Ccmmittee. We have clearly sought to present an unbiased representation of the best supported solutions for the City of Saratoga's Public Safety Center. We are providing you the features of both altematives antl a cost opinion based on a cost per square foot conceptual level estimate and. as a result, includes a generous design contingency. We stress that this cost op+n+on is in keeping with our contractual responsibility and should be viewetl as a means of evaluatinc the comparative cost of each alternative. With further design development, a more accurate cost picture can be generated. r V THE RESULTS The following summarizes the results of the joint 18-week effort of the Ad Hoc Committee and .9 TI Architects and Engineers. Ad Hoc Committee Accomplishments Build a Fire Station Acknowledgement of the need to build a fire station at either site Mitigate existing parking issues at the Federated Church Support the Church in fts desire to return the parking for use by its membership only Improve pedestrian safety Propose new signalization at Oak Street Normalize Saratoga AvenuelSaratoga Los Gatos intersection Improve traffic movements Provide additional dedicated right turn Pane -northbound highway 9 Widen ati Saratoga Avenue lanes tc i2 feet Reduce Saratoga AvenuelSaratoga-Las Gatos Intersection from service level D to service level 8 Improve Fire Personnel Safety Eliminate street blockage for back in movement Provide a large front apron to accommodate back in movements Provide a drive thru configuration alternative Improve unwantetl vehicular movement through Village Green Neighborhood Compliance with zoning regulations Setback Height Site Coverage (may need variance) Parking Maintain alt current agencies on site THE FINALISTS Two concepts are being presented for Council's consideration as there is, as yet, no clear support for either scheme. Each addresses in varying degrees the issues and concerns of each of the stakeholders and does reflect the consensus commonalities of all Ad Hoc Committee members as well as the input provided by Higgins Associates -Traffic Consultant and RRM -Fire District Architect. - . -- - - .. .. _ ._ ~cnle~ ~~?e Rity McCarty Foothill Club • Hugh Hexamer Public Safety Gommissicn • Jay Geddes Saratoga Fire District This Committee was charged with the respcnsibility of determining the feasibility of constructing such a center. It was determined that variations of three options be explored. These potions were identified as the following: Public Safety Center developed without the use of Federated Church prcoerty `~r parking. Public Safety Center developed with the use of Federated Church property for snared parking. • Public Safety Center developed with one of the existing agencies (Fire, Sheriff. USPS) will move off-site. The City of Saratoga commissioned ATI Architects and Engineers to provide the necessary architectural services to develop alternative site master plans for an envisioned Public Safety Center. The scope of these services was to be limited to the development of potential site plans, concept drawings, and estimated cost of the various options, but would not include building design or other more detailed aspects of architectural services. THE PROCESS The process began with a kickoff meeting with the Ad Hoc Committee where general introductions were made. A project schedule was presented, and an overview of the project objectives was discussed. At this meeting, program requirements for each of the agencies were confirmed, and an agreement was reached by all property owner representatives that the master plan study concept development would be prepared absent of property delineation or ownership. In ortier to fully understand individual stakeholder concems and issues, ATI conducted initial private individual interviews with each of the voting members (or their designated representative). This process was also extended to interested non-voting members as well. The Foothill Club and Reese Williams participated in this process. Based on the confirmed agency program requirements and the identified issues and concems of the individual stakeholders, ATI prepared and presented nine adjacency site diagrams for the committee's consideration. This included three variations of each of the three options identified above. These options provided for fire station locations on both Saratoga Avenue and Highway 9. Commiriee attendees were invited to provide comments and opinions of each of the options which would be used to develop the next generation of options to be developed and presented at the next scheduled meeting. ATI facilitated this process by posting the site diagrams on its website. ATI would continue this reiterative process and eventually develop a total of 27 variations to artive at a 50°k presentation to the CRy Council that would be distilled down to five alternatives that would include two variations of Option 2 (shared parking with the Federated Church) and three variations of Option 3 (one of the agencies moving off site). During this period, however, some significant assumptions would change. Of prominent note would be the elimination of the Wells Fargo Property as a potential site for the relocation of the United States Postal Service, the I reduction of the parking requirement for the Sheriff's Department, a potential change in the Postal Service program requirement, and the renewed reluctance of the Postal Service to sell or commft the use of ns property (permanent easements). At the 50% presentation, Council requested revisiting a Contempo site fire station and the inclusion of additional independent traffic information to be developed by a City contracted traffic consultant. Higgins Associates was engaged for this task. Preliminary findings uncovered off site Faae a ATI has provided you with an chiective, unbiased assessment of the collective desires of the Ad Hoc Committee. The infonr~ation fisted below provides you with the ability to evaluate the features of each scheme. The cost information is based on a conceptual cost per square foot level and contains a high design contingency component. The cost should be evaluated primarily on a comparative basis as the actual cost can be determined upon further development of the. design. Common Offsite Elements Move the Monument to Plaza Add dedicated right tum lane on northbound Saratoga Los Gatos Widen all lanes to 12 feet on Saratoga Avenue Provide signalization of the Oak Street intersection New median to block left tum movements onto Oak Place from southbound Highway 9 Scheme A -Saratoga Avenue Fire Station • Back-in Fire Station Configuration located on Saratoga Avenue utilizing a revisior to the original design • Additional Fire District support space located at the Contempo Building Contempo will need seismic upgrade/remodeling to house a temporary Fire Station during construction Postal Service and Sheriff Department will continue to occupy the existing structure • Existing property lines will be mairrtained • Cross parking and access easements will need to be granted to allow for optimum reconfiguration of the parking layout • Egress at Oak Street intersection will be developed by modifying existing parking !crated at the south portion of the Contempo property • Turnout for postal service drop-off from Saratoga Avenue will be developed • Access to future Federated Church underground parking area to be maintained • 69 parking spaces provided (62 spaces targeted) PROJECT COST Building 11,000, s.f. @ 5200/sf $2.2 million Contempo Upgrade -Seismic $275,000 Contempo Interiors 4,000 s.f. @ 530/sf $120,000 Site Development $540,000 Oft-site Development $240,000 Soft Costs $750,OOD SUBTOTAL 54.12 million Design Contingency 20% $825,000 TOTAL 54.95 million Scheme D -Highway 91Contempo Site Fire Station • Drive-thru Fire Station located on Saratoga Los Gatos Road with adequate front apron to facilitate off-street back-in movements • New design for larger Fire Station required which will incorporate training facility requirement • Existing fire station will remain in operation during construction of new facility • Postal Service and Sheriff Department will continue to occupy the existing structure cara:___ Faoe 5 • Proeesed land swap will reguianze existing parcel configuration • Cross parking and access easements will need to be granted to allow for optimum parking configuration Signalization of the egress movement at Cak Street intersection will be further supported with the fire station location • Turnout for postal service tlroe-off from Saratoga Avenue will be developed Access to future Federated Church underground parking area to be maintained 73 parking spaces provided (62 spaces targeted) PROJECT COST Building 15,000 s.f. @ 5200/sf 53 million Site Development 5600,000 Off-site Development 5240,000 Soft costs 5900,000 SUBTOTAL 54.74 million Design Contingency (20°k) 5948,000 TOTAL 55.69 million GOING FORWARD With this presentation ATI's work is done. Having narrowed the primary differences of the committee members to the fire station location and the drive-thru/backup configuration, we believe that both of these plans have merit and are worthy of consideration. By and large, they address the balance of issues and concerns of the Ad Hoc Committee. Compliance with zoning regulations, parking, vehicular movements, fire personnel and pedestrian safety have all been improved. There are cost differences between the concepts but at this stage of development, a cost differential of ~ 5-20% should not be considered significant. One recommendation would be to conduct a more detailed site evaluation by developing more accurate site information with regard to topography and overlay these concepts to determine the extent of actual site development. Afire station needs to be built and will be built. Hopefully through our work and with tonight's input by the members and friends of the Ad Hoc Committee, Council will be able to move forward to further that reality. _ ~l r l.J EXHIBIT "D" PROPOSED SCALED DO\'4'N REDESIGN OF FIRST FLOOR FIRE STATIE;:i T =1~ to --+- T_ -~ -D Q '~ u ~~ ar~toa Fire ProtectBOn District e;~ '~ epy • dal V I~ ~•i • pit First Floor Plan 0' ® ~ Scale 118"=1' F100R PLANS V~ Aga Fire Department Headquarters station zoo2 .................................................................. ............................................................................... September 23, 2002 City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 RE: Support for the Sazatoga Fire District 3 ~ppti O~~C ~~, My name is John Campbell. I own property at 14482 Oak Place. This property has been in my family since 1936. The voters of Saratoga Fire District passed a bond election by a huge mazgin (80 plus percent). I feel that this was a. mandate to the city to do what is necessary to get the fire station built. The Fire District has worked tirelessly to meet the concerns of the community and the planning commission. The latest planning commission review spent a great deal of time discussing issues regarding traffic in the Village Green area. The fire district does not generate this traffic. Most of the traffic in this area is generated by our local community. The Village Green Association is holding the District hostage to ensure that the City resolve the traffic issues. Traffic issues need to be examined and resolved, but not at the expense of a new fire station. The Federated Church remodel and the Cutler building project have generated traffic and congestion that residents have had to endure for several yeazs. Construction traffic needs to be dealt with but not at the expense of the fire station. The reasons for a new station aze not in question. Further delay results in escalating costs. It is time to make it happen! John W. Campbe P.O. Box 2025 Saratoga, CA 95070 Attachment 6 Sazatoga-Post Office 19630 Allendale Rd. oga CA 95070-9998 October 29,2002 Fire Chief Emest Kraule Saratoga Fire Protection District 14380 Saratoga Ave Sazatoga, CA 95070 Re: Alley Vacation and New Fire Station Improvements Dear Chief I{raule: We have reviewed the site plan Option lA (attached) which is proposed as the final site circulation and pazking layout plan for the George Wahlen Alley vacation and fire station improvement project. We are in support of the project with the following considerations: 1. Sazatoga Ave. will not be widened resulting in the removal of the parking in front of the post office. The avenue will be re-striped to allow the improved circulation desired by the City allowing the parking as currently exists to remain. 2. The existing five pazking spaces at the current George Wahlen alley will be reconstructed by the fire department per the attached plan at the start of the project to allow their use during construction. The widening of the drive way access from the southern most alley to Post Office property will occur at this time as well. 3. The fire department will provide for both temporary and final drop box locations as noted in the proposed application. The Fire Department will realign the southerly access to post office parking as well. 4. The Fire department will improve and relocate the crosswalk at Saratoga Ave. across the easterly alley to provide improved pedestrian circulation in front of the post office. 5. We agree to consider the placement of a reciprocal access easement allowing the public to access post office property for the improvement of the inter-site circulation for all users. It is understood that this easement is for access only and will not allow parking on the post office property by either the public or personnel of the Fire District. Sincerely, Curtis Jewell, Postmaster Saratoga Post Office Enclosure cc: Dave Anderson, City Manager, City of Saratoga Attachment 7 f---- __ ~ ~ dp ``-~.J ,, ~~ ~ . ~ ~~ oP~~ ~ ~ ~ 5~R ~,: 1 ~ izi~~„ ~v~ t ~0/7/~ : :t " a o~ :i l Q ~ ~oYO' a / ! si rae.~ a~ ~ A ~: i ~ ~ ~ a~ c ~~ a / :~m aa! ~ ~ql~ ~~~~ mtrBK ;i i ¢ S's ~' ,roe °~'6 I. ~ -.....~ ~ ~ r '~ ~ i ~ & _ _ i -~,.~ ~ r r r~ I ~ 3 t ~' ~ c ~ ,a„ m I ~~ I ®o s 1 ~, ,~ L r1 ~i ~ ~ ~-.1 --- ---~ ~ ~ x ~ro~~`_ ~~~ N.T.S •.. ~ , . Site Plan Option 1 A ~ R R M D P S I G zt O R O U P ~eadqua~.'tel'S Station ' r __... _.. ES..+......r, ~~.-..... ........................ August 22, 2002...........,............................. A96034 ~ ~ J~ October 29, 2002 Mr. Ron Vega Assistant Chief Saratoga Fire Departmen# 14380 Saratoga Ave. Saratoga, CA 95070-5953 Dear Mr. Vega, This letter is to confirm the following arrangements between the Saratoga Fire Department and West Valley College: 15 parking spaces located in the West Valley College Parking Lot 3 will be set aside as reserved parking for your off-site contractors for the period ending September 30, 2004. This is a rental agreement entered into by the Saratoga Fire Department and West Valley College in the amount of: $15 per week for 52 weeks for a total of $800.00 Please let us know if you need any additional information or have any further questions. Sincerely, Mal Brodrick Dean, Administrative Services MB/bh Attachment 8 WEST' VALLEY COLLEGE ]4000 Fruin•alc Avenue • Saratoga, California 95070-5698 408.7411001 ~ s .stR~~,xcstas~~tx~izstasa~ ~ ~ a ~ .g ggg yy ~ gg gg $ $$ 3YJYp ~OvNNOC ~. ~ :~ ys !:t W S. ~l• N g ' ,tYM soua,rtY ~ ~ ~ - ~ . ~ . ~ __ aloe ~ ~, ,~ es i~ Yi + ~ ~ ~" ~~ J .~ 2 N ~ ~ < /~~ /~ ~ a S ~ ... r. ~ &gitltd r "....._ ~ ~..~ ~ ~ ~ ~ ~~~ AYMSNOIBSIgUfi 4J1 :.: :. _ .. . . ~r d .. ..~ ~.. .. u `~.7 s lE o +~ ~ ~ :; 'r; rrru~ xrnr ~ '' Hid` ~ ,~~:j~~~~ aC t ~-... o317W H1NWy ...' d s .f~ U a w 3 ~~ ~ ~~ '~ '~ 5 ~}spa a O ~~` d M C>7h I t6.J ~ ;^ _ ~~. >`•• 3f1N. Atl 31tl~N3 ltl ~ `r cv ~,. ch et to ~ <a ti °° Cf F'd / BBOS-L88-e0b a!a[IO0 aattaA zsa~ d60sZ0 Z.0 YO JaS ti'd EiL9 BZE OS9 31IHDMH`S31HI~QSRN ?Ia~IN4tii WJ/7t7 onm in ~~,. Saratoga Fire Protection District Village Green Neighborhood Association List of requested information action items 1. Provide a diagram coupled with the time-line schedule for improvements to the left turn capabilities into the Contempo pazldng lot from Southbound Sazatoga- Los Gatos Rd. Refer to Response Anachment la, lb and lc. Based on the lane widths and configurations it is not physically feasible to include a designated left turn lane. An area posted "KEEP CLEAR" in the west bound lanes along with re-stripping the double yellow dividing lines, is a possible option that may ease left turns against backed-up west bound traffic. This option will require approval from CalTrans and can be done as part of the intersection redesign. The CalTrans Approval process is outlined on response attachment IA. 2. Review the discussed option of reconfiguring post office drop-off boxes with "island" configuration. Refer to Response Attachments 2a, 26 and 2c. 3. Prepaze procedures and contract language for improved excavation processes though the use of radios, ramps, haul routes and signage. Refer to Note 3 of the Construction Staging Requirements. 4. Establish a fine schedule for contractor non-compliance with VGNA imposed issues. To be solved through city initiative. The City will present an enforceable alternative to address this concept. 5. Provide option "B" of the Contempo lot, in the event ofnon-transaction with the Federated Church. Refer to Response Attachment 5 for an exhibit of the proposed parking layout. 6. Investigate pros and cons of developing intersection improvements prior to starting building construction. The Fire District and Architect have had discussions with the City to look at the impacts and processes for staging the improvements to the Big Basin Way intersection before the building construction. The following pros and cons were developed through analysis of the signal improvement's process. Attachment 9 Pros 1. Improves right turn traffic flow at intersection during the fire station construction phase. Cons 1. Increases the project duration for several months as dirt haul cannot be accomplished while road work is being constructed. If constructed towards the end of the project it can be done concurrent with the building interior finishes. 2: Will require two road closures with detoured traffic (once for traffic signal work, and once for sidewalk improvements) instead of one, which adds to project cost and traffic impact 3. Decreases the amount of space available on-site for vehicle queuing, material staging, etc. which will add to the project cost and traffic impact 4. Will likely cause rework at new curbs adding to the project cost S. Wil[ likely cause project delay as the design and approval process for the intersection cannot be completed concurrent with the building construction process. The Fire District Intersection Improvement Plan - Exhibit D enables intersection improvements concurrent with the final stages of the Fire Station construction. There is immediate mitigation for the traffic congestion that the Fire District and City are discussing. They include: A. The placement of "Opticom"systems in the current signal configuration to allow the Fire District to control the signal during construction. B. ~ Investigate the opportunity with Caltrans to lengthen the signal in the "green" direction for northbound Hwy 9 during the a.m. peak commute. C. Restrict the site fencing location to improve the current sight line at the right hand turn lane from Hwy 9 to Saratoga Avenue. D. Require the use of a flagman to control the traffic when construction vehicles are entering and exiting the site. 7. Review discussed options of alternate sites for.the temporary fire station location: West Valley College, Sacred Heart Church, B.B Way pazking lot district. As previously reviewed by the f ire district, alternate temporary fire station sites were aggressively considered during the original application attempt. As a result the current location was found to be the best location for the citizens of the district with limited to no new impacts to service levels. Conversely, each alternate site would have lead to impacts that adversely affect the surrounding areas i.e., school traffic, normal business operations, and/or residential impacts, therefore resulting in our current temporary site submittal. Time studies for the discussed alternate temporary fire station locations do not meet the expectations of the citizens of the Fire District. The West Valley College . model imbalances the regional delivery of fire protection services established in Saratoga. The impacts to the campus and the surrounding community would encumber this temporary site. Our response capabilities to the western half of the City would be beyond the recognized standard of service. The Sacred Heart temporary location again would impact the existing traffic uses of the Church and neighboring schools. Although, the Sacred Heart proposal is nearer to the current fire station location it does require an additiona12:00 minutes delay for response back into the western half of the City (this time study was conducted on a weekend and does not take into account weekday activity nor major community events). Again our regional service delivery will be skewed beyond the standard of service. Lastly, the Parking District Lot to the rear of the gas station would bear a signifzcant impact to the parking capabilities of our merchant district. Given the space that is required to operate a fire station we would not be able to effectively respond and park equipment, thus leaving the business community in the lurch to find adequate alternative parking. The loss of precious parking spots could not be recovered through reasonable expectations by the parking district board and City leaders. 8. Establish Fire Department operational procedures and polices concerning use of VGNA streets and pazlting spaces. A directive was issued in April of this year stating: "Fire Department staff is not to park in the Village Green Neighborhood, nor on the Federated Church prbperty. Further, since there have been complaints from the neighbors living on Park Place and Oak Place regarding the driving of Fire Apparatus through the neighborhood, these streets will not be used unless absolutely necessary to accomplish the mission of the District. " Parking compliance is 100%. The amount of driving in the neighborhood is negligible. Fire District will use the "meet and confer" processes with the staff union representatives to establish the importance of continuing to be "Good Neighbors" and "Role models" for the citizens of Saratoga. Prior to any construction a resubmission of the parking directive will be distributed to all personnel. The Fire District reserves the right in the fulfillment of Public Safety to use any street within the jurisdiction for emergency response. 9. A written description of the maximum capacity of the new building; including a breakdown of meeting rooms, training rooms, and offices. The station serves: 2 station companies maximum (8 On Duty Personnel & 8 Off going Personnel) 1 ambulance response dorm (2 person dorm) 1 training classroom (16 personnel seated at tables plus instructor, Training in this space will not occur at shift Change) Administration Breakdown Receptionist 1 person existing position Chief's Office 1 person existing position Assistant Chief's Office 1 person existing position Business Manager's Office 1 person existing position Captain's Work Area 2 people existing positions Firefighter Work Area 4 people existing positions Battalion Chief's Office 1 person future position Total: 4 Administrative Staff - 6 Fireftghter Work Spaces 1 Future Work Station 10. Review of the connection between the proposed alley way and the Federated Church's upper parking lot through the existing stairs location. The 7.5 foot grade difference between the Federated Church upper parking lot and the alley at the stair location would require excessive grading and retaining walls that would cause the removal of three large heritage oak trees near the stairs. Refer to Project Conditions of Approval for a discussion of Controls that could be placed to prevent "cut-through traffic" 11. Provide signa$e along City streets in Village Green Area for no construction traffic, permitted parking or vehicle weight limits. The Fire District has discussed this with the City. The City has agreed to work with the Village Green Neighborhood Association to place signage along adjacent city streets in the Village Green Area controlling traffic and parking during the project's construction. Refer to the Construction Staging Requirements and the Project Conditions of Approval. Cal Trans Approval Process In general the following procedure is followed to obtain approval from California Department of Transportation (Cal Trans) work on the street improvements: ~}.i 1. Conceptual level plans for the new replacement fire station project are submitted to the ~ City of Saratoga for review consideration. General non-binding review by Cal Trans • ~ occurs at this time. ~ Upon Approval: •~ 2. A topographic survey is conducted of the existing streets and intersection 1 month A 3. Final Design (Construction Documents are prepared for the road improvements.) 1 1 /2 months 4. Construction Documents are submitted to Cal Trans with an application for an ,.j encroachment permit. Q 5. Cal Trans engineers review the design and respond with plan review comments 2 months •1~1 6. Comments are addressed by the engineer and the design drawings are revised and 1 month ~ resubmitted to Cal Trans ~ 7. Cal Trans engineers review the revised drawings 1 1 /2 months ~ If all the comments are satisfied then: ~ 6• An encroachment permit is issued and the construction can begin ^ , Total: 7 months ~ •~ 0 Response Attachment lA-Cal Trans Approval Process ~~~ R R M D B S I 6 N Ci R U II P Headquarters Station °~ "° ~'°'"""° m" `""'°" ""` °`" `"" "'" October 28, 2002 A98034 2 ~~~ ~NE WAY \~ tl ~ HC \ `~. V ~~ ~~ ~. E e~~% ~~ V •~ •~ 0 .~., v Q~ 0 .~ w . ~ v ~:~ ~ Response Attachment 1 B -Left Turn @ Hwy 9 ~ R R M D B S I a N a R o u p Headquarters Station ~•~,~ ~~, "~'°'"'"°° ~"` `"'°" ~ "" m°° `"'""° °"' October 28, 2002 A9! v z r `x~o b _~ -x-111 boo m wa ~Zwo a ~~a~~~ `a ~a ~ __ ipi: t„s ~~~5 ~ \ `-~ E~ . / ~y 5~~~ O~~ <~~~ f A \ b ~ ~ / ~~' ~ \\ ., ~~ ~ ~' a s~~ / ~~~ ~ ~o~ ~~ z ~ LL U - ~ '~ /! ~ R "' ~ ; .~ gQ ~; ~<y~ C F 82 I~ ~ ~ ~~ ~_ e ~ ~ ~: ~ ~ Z ~E ~~~ ~~~ Q LL < z ~ ~ fl I jT~~ _- -may ~~ _ ~ , ~1 -V / NORTH Q EI ~~ 1:30 ~ e Left Turn @ Hwy 9 ~ ~~~ Response Attachment 1 C - ,_,,, .,., Headquai-ters Station o~1 ~. RRM DS3IGN GROUP ........ Lw~yat 1°"~'Ae~"t1.....:..~~ QCtO~CT Z8~ 20 ............................. S~pM~ ~. a~ Alternative Post Office Box Location: Moving the post office box to an island in the two way section will likely have the following results: Pros A. Allows drop box access from both directions B. Allows the first queued vehicle on the one way segment the option of pulling into the parking lot without waiting for the vehicle using the drop box. Cons A. B. C. D. E. Limits the turning area of large vehicles (i.e. delivery trucks, Post Office vehicles) accessing the Post Office parking area Will require the construction of a retaining structure Will require the removal of 3 large heritage oak trees Will re uire a royal from Post Office • .~ . q PP Does not achieve goal of making alley two way to Saratoga ~ ~, Avenue •~ Maintaining the designed location of the post office box at the one y~ way section of the alley will likely have the following results: '~ i Pros ~ ~a A. Easier vehicular circulation through the Post Office, Fire District and City Property B. Queuing occurs in one direction of alley only and does not ~ require a "Keep Clear" area. •~ C. Allows heritage oak trees to remain. Cons - ~ A. Final goal of making alley two way to Saratoga Avenue is unachievable due to the width of the alley between the Post ~ € i~ Office and the Federated Churchloffice porperty. ~ i~+ `~~ Response Attachment 2A -Alt P.O. Box Location ~ '•. R R M DESIGN G R O U P Headquarters Station October 28, 2002 A9! 2A -_~ CHURCH LOWER PARKING LOT 'DO NOT E TER' -~ IGN ~~. 6 REMOVE 12' HERITAGE . OAK TREE ~~ ~ ~_ TWO ti WAY C' ~ ~ ~ O G ~~- (E) PARKING Q\\.~~((„ o„ ~o AND t• ~~ LOADING AREA /[~1 -~ (E) PARKING •'' TO REMAIN (E) PARKING AREA TO /REMAIN i • o~ CHURCH UPPER PARKING LOT ~ RELOCATED o . -P.O. DROP '~ e BOX ~ o..• RETAINING \ off; WAIL •~ •\ \ ...~ ~ • „` i ~ dip ~ ~ sTwRS ~r i ~\ m~ ~ REMOVE (2) .. \~ ~ 16' HERITAGE . ^~ ~ ,~' ~ pAK TREES \ •~ti ~~ „~ ~ /~ N>k ~ .~ ~.~ WA~ .F \ \ r i • ~ ' A~ r r ~ E r t " ., o ~, ~ ~? ~~ ~~ ~ ,~: NORTH ~ 1:30 Response Attachment 26 -Alt P.O. Box Location R R M DESIGN !GROUP•••••••••••••••••••..•• I Headquarters Station ~ 2p °°°;°°„~~.~°' October 28 2002 A98034 D ~4}„..,~~,~~wa ,~~. t. .......................... .... ... .. ........................... . .. . .. ZONE R1-10,000 ~' . _ • FEDERATED CHURCH OFFICE BUILDING APN 397-22-023 ZONE P-A CHURCH LOWER PARKING LOT I 6 FIRE DI DEPARTMENT PARKING SPACES I (COMPACT T-6' X i6'-0') 0 -NEM HEiAL RAILING _. ~. I (E) BUILDING - \ tE> T RIUI W®0 FENGE I ~~_ I ONE _W_~ • `~ ' ~ spy RELOCATED ~ ~y P.O. DROP '~ BOX ~ •~ ~! STORAGE ' NOT I I~ fi ~ ~ BLDG s O I ENTER ~ ,~ . •~, Ia` : '` '° SIGN 0 0..> TWO '~ ~ WAY NM1 ~ •\ `y®~ 19. ~ \lJ nr ~1 Unq (E) PARKING /I' AND o~ 16 W e LOADING AREA 15 ~? apy 1a ~1 13 pq ' •^` 12 (E) PARKING 6 y~ TO REMAIN T 11 6 r 10 r ~~/~ e ~~ 41l Response Attachment 2C - Designed P.O. Box Location R R MAD E~ SG~NA~g~OU P ~ Headquarters Station ~ /~' ~5/N]->9.. •. !M/mil-.W9 ... ~ Air. +s~~,.„.•~,,.^`..voz•~a_~,,~,>..~..~ .........................October28,2002 A98034E 2l. ~' - ~ ~ ~ \~,;~ is ~\ ~ (E1 PARKING i AREA TO i ' /REMAIN ~~\ ~> 5 3 2 1 ~~~ R R M D E S I G N G R O U P 15 ~/l ' 14 ~ 13 6 ~ (E) PARKING 12 TO REMAIN ~ 11 g 9 10 17 ~ 18 ONE 1~ WAY 2% A 24 25 26 ~ \' V ~Gi ®~ es~ .fit ~' ~' ot~! NORTH ~ Response Attachment 5 ~:so ~ aitPrna~e Parking Plan - w/o sale to church (jj Headquarters Stataon ~n~st 22, 2002 A98034 i~ ~~' ~ ~' j'~~ . r 2 22 23 10 SPACES DEDICATED TO PUBLIC PARKING ~.~ ~~~,~ 29 nNE w " ~~r~ . ~Y a6~/~ / \ // ~' " /~ ~'\ 31\ 1/i~%' ._ 36 '~ ' 32. ~ ~35' 33 \ \ 34 HC ~.az.~~.siQ uoi~.aa~o~~ a.~z~ y W ~4a ¢cx7 = ° ~ Ww f- ~3~ » ~f-a u. ~~ m x0a w=m°z~x W ~~~ ¢m vOZ~ w°zJZw~oa a-i~a W~awcQZ~o 3oJ~ooz oz°z ~az~a°°o ~~=~>-aov w zaa Waza~+W-z~ Wv~ ~ac~m~Z~-- m p O¢~ Z¢ m .. O¢ O J a a J O? 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OD ~Oyy A Fr Z v C "'+ r m O C --~ m 0 i ~_ m Z r 0 n a --~ O X y -~ ~ 3m ~~ m< r r m n r m m m m~ ~~ ~~ m~ m arato~a Fire Frotection District s 14370 SARATOGA AVENUE SARATOGA, CALIFORNIA 9S07O TEU (408) 867-1000 Fax: (408) 867-6012 November 1, 2002 To: Saratoga City Council Re: Saratoga Fire District Submittal -Nov. 6, 2002 The Council has requested and managed a process. of dialogue that has led to significant gains. Though the process has at times been frustrating to some, the improvements have definitely been worth the effort. The improvements include a better firehouse design, better parking solutions and better circulation. The architecture of the proposed fire station is in ow opinion quite attractive. It is a tremendous improvement over the existing station in a very key location for the city of Saratoga. While some have complained about the proposed height and mass, we find it not only appropriate for the use and the location, but that height and mass provides a significant secondary beneft in that it helps hide the side of one of the least amactive buildings in the area -the USPS building. As one of the Fire District's most immediate neighbors we find the design substantially improved over earlier renderings. We support their submittal and urge you to support it as well. One element of special concern to us is the proposed use of the uppermost portion of the District's property. Two versions, Plan A and Plan B, are being presented as requested by City staff, both showing a parking lot. We believe that Plan A has some obvious benefits over Plan B. For the church the obvious benefit is increased parking in close proximity to our main facility and an additional egress from our parking lots. This egress will in fact reduce the number of cars that have to exit onto Park Place. For those turning left from the church onto SR9 it provides a location with better line of sight than the existing left turn from Oak Place. Without Plan A we will likely be forever limited to routing all of our patrons traffic over Oak Place and Park Place. With Plan A we have some immediate relief and the added hope that in time, through purchase of the Cox parcel, we can Attachment 10 substantially upgrade the ability to move traffic directly into and out of our campus from SR9 without using Oak Place or Park Place at all. For the neighbors the obvious benefit is an increase in off-street parking leading to less overflow parking into the neighborhood. While Plan B may provide some of that benefit, Plan A is the only version that guarantees that benefit at all times and for yeazs to come. The other primary benefit of Plan A is the reduction of traffic on Oak Place and Pazk Place as church patrons are able to exit directly to SR9 as noted above. The church is committed to ensuring that the new egress does not become a new source of cut- through traffic past the residents. For the Fire District the obvious benefit of Plan A over Plan B is the substantial source of funds provided by the sale of that pazcel to the church and to a lesser extent the reduction of ]ong term maintenance costs inherent in their retention of the ]ot in Plan B. While the process is never perfect and we cannot hope to achieve 100% agreement with every person involved, we believe the current plan reflects a positive step for the whole community, We urge the Council to approve the Fire District's plan. Sincerely, ~~, / ~ ~ `~ ~'` 1' Jerry Bruce Treasurer and Director of Church Administration November 1, 2002 To: Sazatoga City Council Re: Saratoga Fire District Proposal for November 6, 2002 Circulation Issue regarding Plan A for "Contempo" Pazcel Pazking We have been asked by City staffto address our commitment to ensuring that Plan A, if consummated, will be executed in a manner that satisfies the neighbor's needs. We shaze the concem of Pazk Place neighbors that our proposed egress onto 5R9 not serve to • encourage or allow cut-through traffic in their neighborhood. We consider any cut- through traffic through our property to be adverse to our interests and a serious safety risk for those who aze walking on our property. For that reason we requested that the Fire District's architect include a gate at the entrance to the added pazking. We will see that this gate is not open during times when the public would be tempted to use it as scut-through. If a manual gate does not accomplish this, we aze committed to installing automation to serve on a 7x24 basis. We will keep the affected Park Place and Oak Place neighbors directly involved as we identify the appropriate hours for closure as well as the adequacy of a manual vs. automatic gate. With respect to Plan A, we think it is important to point out the obvious benefits over Plan B. Plan A provides long-term relief to overflow parking in the neighborhood by providing additional parking to the church for its use. Plan A provides relief from church traffic through the neighborhood since some would be able to exit directly onto SR9. The Saratoga Federated Church shares with the Village Crreen neighbors a concem about safety, and particularly the negative impact on safety created by cut-through traffic, especially over Park Place and Oak Place around our church. The Church hopes that through its proposed purchase and development of a portion of the Fire District land, the . safety of the residents will in fact be enhanced We are committed to working with the neighbors throughout the design and implementation of this project to ensure that Plan A 14370 $ARATOGA AVENUE Sarsaroca, CALIFORNU 95070 TEL (408) 867-1000 Fax: (408) 867-6012 4 • does not create additional cut-through traffic for the residents. We are also committed to a process of continued review after the project is complete. This continued review will include ongoing evaluation of results with the neighbors and would include physical adjustments to the solution if needed. Respectfully submitted, Jerry Bruce Treasurer and Director of Church Administration ~~ r~ SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: November 6, 2002 CITY MANAGE] ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone SUBJECT: Proposed Vacation of George Whalen Way RECOMMENDED ACTION: Re-open public hearing continued from October 16, 2002; close public hearing; adopt resolution. REPORT SUMMARY: At its August 7, 2002 meeting the City Council voted to reconsider the application of the Saratoga Fire Protection District to build a new fire station at 14380 Saratoga Avenue. The revised application includes a request that the City vacate the public right- of-way in George Whalen Way, the alley immediately behind the existing fire station. ("Vacation" means abandoning and terminating the public's right to use the alley.) This staff report describes the history of the proposed vacation and presents information relevant to the findings that the City Council must consider in acting on the proposed vacation. Back rg ound On September 18, 2002, the City Council adopted a resolution setting a hearing date of October 16, 2002 to consider the proposed vacation. On October 7, 2002 the Saratoga Fire Protection District adopted a Mitigated Negative Declaration finding that the proposed project (including the proposed vacation) would have no significant environmental impacts. On October 9, 2002 the Planning Commission denied the Fire District's use permit application on a 3-3 vote. On October 10, 2002 the Fire District appealed the Planning Commission's action to the City Council. On October 16 the City Council opened the Public Hearing on the vacation and continued the matter until November 6, 2003 to coincide with consideration of the appeal. The Proposed Vacation The public's right-of--way in George Whalen Way was dedicated to Santa Clara County on August 31, 1916 as part of an early subdivision. The City assumed the right- of-way when it was incorporated in 1956. State law provides that a city may vacate a public right-of--way if it is unnecessary for present or prospective public uses and is not useful as a nonmotorized transportation facility (e.g., pedestrian, equestrian or bicycle pathway). Where public utility facilities are located in a public right-of--way, a city must either except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew those facilities or make a determination that the public convenience and necessity require abandoning the utility easement that is included in the public right-of--way. Because the San Jose Water Co. has a pipeline in the alley, the City Council must make such a determination in this case. The alley vacation has been proposed as part of the redesign of the fire station set forth in the Ad Hoc Committee's "Scheme A." A key component of Scheme A is a 59 foot apron in front of the fire station to allow fire apparatus to make turning movements on the apron to avoid any safety problems that could be associated with making such movements on Saratoga Avenue. To accommodate this apron and to satisfy various other height and bulk objectives, the station design extends to the edge of the Fire District's property line. The property line lies in the middle of the City's right-of--way. Accordingly, the vacation has been proposed to allow this design to proceed. In order to mitigate any adverse effects of closing the alley, the Fire District has prepared a comprehensive circulation plan for the properties served by the alley as well as the adjoining alley (diagrams showing the existing and proposed circulation systems are included in the staff report for the use permit application). Staff has reviewed the proposed vacation for conformance with the General Plan (the City Council on August 7, 2002 requested the Planning Commission to prepare a report on the proposed vacation's conformance with the General Plan but the Planning Commission did not make such a report in light of its decision on the use permit application). The proposed vacation is consistent with the following General Plan Goals and Policies in that that the vacation will improve traffic circulation and allow a new Fire Station with a design that enhances public safety: CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. 2 f CI.5.1 S Require the provision of secure bicycle parking as part of all future development projects that include multi family residential, commercial, industrial, office, and institutional uses. C7.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile use. Safety Element Goal 4. D To reduce the danger of property damage and loss of life due to f re in both urban and rural areas of the City. CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center. The City's Traffic Engineer has reviewed the existing and proposed circulation plan for the area and determined that in light of the improvements to be made as part of the project, George Whalen Way is not necessary for present or prospective public uses and would not be useful as a nonmotorized transportation facility. A copy of the Engineer's report is attached. The reasons for the Engineer's conclusions can be summarized as follows: • The alley is currently used for access to a Post Office drop box and for access to parking for the Post Office and Fire Station buildings. The revised circulation plan will provide access to a Post Office drop box and parking for the two buildings. Maintaining the alley would not provide any material public benefit that will not be obtained by the new circulation plan. The revised circulation plan would provide several safety advantages over the existing plan by (1) eliminating the possibility that traffic delays at the drop box could lead to backups on Saratoga Avenue; (2) eliminating a conflicting turning movement immediately adjacent to the Fire Station driveway; and (3) moving driveway operations away from the signalized Saratoga Avenue/Saratoga-Los Gatos road intersection. • The City has no plans for expanded use of the alley in the future. • The alley does not meet the City's existing standards for public roadways and would not be accepted if offered for dedication today. • The alley is not in a location that would benefit from a pedestrian, z equestrian, or bicycle path. Equestrian uses in the area would be unsafe and the project includes easements for bicycle and pedestrian passage along the Saratoga-Los Gatos Road and Saratoga Avenue frontages of the Fire District property. The location of these easements is better integrated with the overall pedestrian and bicycle circulation plan than would be a pedestrian or bike path along the alley. As noted above, the San Jose Water Co. has a pipeline in'the alley. The company has indicated that it is feasible to abandon the pipeline in place and to replace it with connections to existing pipelines elsewhere in the vicinity. The design of the Fire Station is such that it would be difficult, if not impossible, for the pipeline to be maintained in its current location. Accordingly, the design approved by the Planning Commission requires that the City make a determination that the public convenience and necessity require abandoning the San Jose Water Co. easement that is included in the public right-of--way. Several factors support making such a determination: The rear portion of the new fire station must be located in the right-of--way in order to retain the 59 foot apron for off-street turning movements. This design element will have important public safety benefits by reducing the possibility of accidents on Saratoga Avenue and improving traffic circulation at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. • The rear portion of the new fire station must be located in the right-of--way in order to reduce the appearance of the structure's bulk and mass in accordance with the City's zoning code. The rear portion of the new fire station must be located in the right-of--way in order to improve the line of sight at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. The fire station is a public use that is of vital importance to providing adequate fire protection to Saratoga residents. The location of the Fire Station is an important component in ensuring adequate response time to fire and other emergencies in the City. San Jose Water Co. operates pursuant to a franchise agreement with the City. Section 6297 of the Public Utilities Code requires water franchisees such as San Jose Water Co. to remove or relocate their facilities without expense to the local government when made necessary by any change to the public right-of--way. Accordingly, San Jose 4 • Water Co. would be responsible for any costs associated with relocating the water line. Staff has discussed this issue with San Jose Water Co. and they do not object to the relocation. The resolution provides that the vacation will not take effect until a demolition permit has been issued for the Fire Station project. This will ensure that the vacation takes place as late as possible in the construction process and will ensure that the vacation occurs only as part of the project as approved by the City. ALTERNATIVES: The City Council could find that findings necessary to approved the vacation cannot be made. This would affect the feasibility of the proposed project as designed. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: • Notice published twice in Saratoga News and posted at the site. Notice was mailed to the attached list of persons and addresses and to the San Jose Water Company. ATTACHMENTS: Resolution Vacating George Whalen Way Traffic Engineer's Report Mitigated Negative Declaration (Attachment Provided in Use Permit Application) Copies of hearing notice Affidavit of Mailing Notices RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA VACATING GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD WHEREAS, as a result of a collaborative planning process and to accommodate the design of a proposed new fire station, the Saratoga Fire. Protection District has requested that the City of Saratoga vacate the alley known as George Whalen Way which is located behind the existing fire station and between Saratoga Avenue and Saratoga-Los Gatos Road and is shown on Attachment A to this Resolution; and WHEREAS, the Saratoga Fire Protection District has completed a Mitigated Negative Declaration regarding the new fire station including the proposed vacation of George Whalen Way and concluded that it will have no unavoidable significant adverse impacts; and WHEREAS, the City Council on August 7, 2002 requested that the Planning Commission report to the City Council on the proposed vacation's conformity with the City of Saratoga General Plan and no report has been filed; and . WHEREAS, on September 18, 2002 the City Council directed the City Clerk to publish and post notices of the proposed vacation and a public hearing to consider the proposed vacation; and WHEREAS, on October 16, 2002 the City Council held and continued a public hearing to and November 6, 2002 at which all members of the public had the opportunity to be heard and to present evidence; and WHEREAS, the City Council has considered all public testimony, the Mitigated Negative Declaration, the report of the City Traffic Engineer, and all materials presented by staff. THEREFORE, BE IT RESOLVED that the City Council hereby: Resolution No. Page 1 of 6 1. Finds and determines that George Whalen Way (also referenced herein as the alley) is unnecessary for present or prospective public use because: A. The alley is currently used for access to a Post Office drop box and for access to parking for the Post Office and Fire Station buildings. The revised circulation plan will provide access to a Post Office drop box and parking for the two buildings. Maintaining the alley would not provide any material public benefit that will not be obtained by the new circulation plan. B. The revised circulation plan would provide several safety advantages over the existing plan by (1) eliminating the possibility that traffic delays at the drop box could lead to backups on Saratoga Avenue; (2) eliminating a conflicting turning movement immediately adjacent to the Fire Station driveway; and (3) moving driveway operations away from the signalized Saratoga Avenue/Saratoga-Los Gatos road intersection. C. The City has no plans for expanded use of the alley in the future. D. The alley does not meet the City's existing standards for public roadways and would not be accepted if offered for dedication today. 2. Finds and determines that George Whalen Way is not useful as a nonmotorized transportation facility because it is not in a location that would benefit from a pedestrian, equestrian, or bicycle path. Equestrian uses in the area would be unsafe and the project includes easements for.bicycle and pedestrian passage along the Saratoga-Los Gatos Road and Saratoga Avenue frontages of the Fire District property. The location of these easements is better integrated with the overall pedestrian and bicycle circulation plan than would be a pedestrian or bike path along the alley. 3. Finds and determines that the public necessity and convenience require removal or abandonment in place of all public utility facilities located within George Whalen Way because: A. The rear portion of the new fire station must be located in the right-of--way in order to retain the 59 foot apron for off-street turning movements. This Resolution No. Page 2 of 6 design element will have important public safety benefits by reducing the possibility of accidents on Saratoga Avenue and improving traffic circulation at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. B. The rear portion of the new fire station must be located in the right-of--way in order to reduce the appearance of the structure's bulk and mass in accordance with the City's zoning code. C. The rear portion of the new fire station must be located in the right-of--way in order to improve the line of sight at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. D. The fire station is a public use that is of vital importance to providing adequate fire protection to Saratoga residents. The location of the Fire Station is an important component in ensuring adequate response time to fire and other emergencies in the City. 4. Finds and determines that it has considered the Mitigated Negative Declaration for the project as required by the California Environmental Quality Act. 5. Finds and determines that the vacation conforms to the City of Saratoga General Plan in that the vacation will improve traffic circulation and allow development of the proposed Fire Station including ten new public parking spaces and bicycle and pedestrian easements as specified in Exhibit A to the resolution approving the Design Review, Conditional Use Permit and Lot Line Adjustment consistent with and in furtherance of the following General Plan Goals and Policies: Policy CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and accompanying dedication to public use often parking spaces will minimize existing intrusions into adjacent neighborhoods by providing new public parking spaces controlled by the City of Saratoga. Resolution No. Page 3 of 6 • • CLS.1 S Require the provision of secure bicycle parking as part of all future development projects that include multi family residential, commercial, industrial, off ce, and institutional uses. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities the land transfer and easement acquisition and will enhance opportunities for bicycle access by providing easements for bicycle use. CI.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile use. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. • Safety Element Goa14.0 To reduce the danger of property damage and loss of life due to fire in both urban and rural areas of the City. Finding: The vacation and property transfer will allow development of a fire station design with a front apron of sufficient size to avoid safety problems • associated with fire trucks backing in to the Fire Station and with a sufficient setback from the intersection of Saratoga Avenue and Saratoga- Los Gatos Avenue to minimize the bulk of the structure and improve line- of--sight at the intersection. C1.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center. Finding: The proposed development will include clear pedestrian zones and a plaza entry and the land transfer and easement acquisition will enhance opportunities for pedestrian and bicycle access by providing easements for pedestrian and bicycle use. 6. Terminates and abandons in its entirety the public right-of--way known as George Whalen Way and shown on Exhibit A hereto upon the occurrence of all of the following conditions: Resolution No. Page 4 of 6 A. Issuance of a demolition permit for the existing fire station; • B. Agreement by the Applicant to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought by any third party in any State or Federal Court, challenging the City's action with respect to the vacation of George Whalen Way. 7. The City Clerk is directed to record a certified copy of this Resolution, attested by the Clerk under seal, in the office of the Santa Clara County Recorder upon the satisfaction of the conditions set forth in section 6, above. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this _ day of , 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Resolution No. Page 5 of 6 • Attachments Attachment A: Map showing George Whalen Way Resolution No. Page 6 of 6 senT by: renr a reers ~aso<>~~=~, ~~~ <o. ,, .,, ~... -. -- _. __ - t C~ j):l'IR st P6F1ZS f AANSRDRTATION CO NSUL7AN T.S MEMORANDUM To: John Cherbone, City of Saratoga Q'~ From: Sohrab Rashici, Fehr and Peers Associates (~~ _ , Date: October 31, 2402 V~' Subject: Review of George Whalen Way (A!leyJ Vacation toars.r Fehr & Peers Associates has reviewed the proposed access for the Saratoga Fire Station and the adjacent Post Office property at the southwest corner of the Saratoga Avenuc/Saratoga-Los Gatos Road (SR 9) intersection. The proposed circulation plan includes vacation of the alley (also known as George Whalen Way) between the Post Office and the existing fire station. This memorandum summarizes our assessment of elimination of the alley access. F,xisting CondiUions The alley is currently used for access to Post Office drop boxes and for access to a parking area serving the Posi Office and Fire Station. The proposed circulation plan with the reconstructed and slightly relocated Fire Station includes relocation of the drop box to another roadway. Access to the remaining pazking azeas will be provided via the alley located east of the Post Office building (next to the Saratoga Federated Church) and a driveway(s) on SR 9. The amount of existing tt'affic was quantified in the Project Tragic Assessment jor the Saratoga Fire Station (September 18, 2002 Draft Report, Korve Engineering) and shows that George Whalen Way is not required to serve the relatively low volume of traffic on the site. City of Saratoga issues According to staff, the City has no plans for expanded use of the alley in the future for any travel made (automobile, bicycle, pedestrian, or equestrian). Staff has determined that the vacation of the alley is consistent with the City's General Plan, including its circulation element, which was prepared by Fehr & Peers. Lastly, the allay does not meet the City's existing standards for public roadways and would not be accepted if it were offered for dedication today. 255 N. Market Street. Suite 200 Sdn Juse, CA 95170 (G08) 27tl•1700 Faz (40Z) 276-1717 www.feh ran dpeers.cam .5'.. i1L bY• i QfII 6 rBdfo HS SOC Ln ~c S, Proposed Circulation Plau 4~L GDi ., .. 1 vv. v. .. ,. ...-_. ..~ f FFHR bt. PELRS~ TRAN$PORTATfON CON$VLTAMi$ 2'he amount of traffic generated by the site is not expected to change even with reconstruction of the Fire Station. As noted above, the existing demand could he accommodated without George Whalen Way, and the alley would not provide any substantial vehicular circulation benefit. The revised circulation plazt would provide several safety advantages over the existing plan by: (1) eliminating the possibility that traffic delays ai the drop box cottld lead to queuing onto Saratoga Avenue; (2) eliminating a conflicting turtling movement inunediately adjacent to the Fire Station driveway; and (3) moving driveway operations away from the signalized Saratoga Avenue/Saratoga-Los Gatos Road intersection. The current plan shows litat a continuous sidewalk will be provided from SR 9 along the parking area to the Post Office, which will provide an additional pedestrian facility in the area. T1te alley is not in a location that would henelit from a separate bicycle or equestrian path. The project includes easements for bicycle and pedestrian passage along the Saratoga-Los Gatos Road and Saratoga Avenue frontages of the Fire bistrict property. The location of these easentents is better integrated with the adjacent bicycle facilities than a path along the alley. 'l~tere is not sufficient width to provide a shared bicycle- pedestrian path and to provide an adequate vehicle turnaround area in the front of the station. Equestrian travel in the area is not desirable because of potential conflicts with vehicles, and this mode has not been observed in the immediate vicinity of the site. Conclusion Based on these findings and the improvements proposed as part of the project, George Whalen Way is not required to serve existing or future traffic demand. Also, adequate pedestrian and bicycle facilities will be provided with implementation of the project and additional facilities for non-automobile travel modes are not necessary. 2 i CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 (408)868-1240 NOTICE OF HEARING PROPOSED VACATION OF GEORGE WHALEN WAY On September 18, 2002 the City of Saratoga initiated proceedings to consider the proposed vacation of George Whalen Way pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code (commencing with section 8320). A public hearing for all persons interested in the proposed vacation will be held on October 16, 2002 at 7:30 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California. The City proposes to completely abandon and terminate the public's .right to use the street known as George Whalen V6'ay including all public service easements within that street. George Whalen Way is located immediately behind the fire station at 14380 Saratoga Avenue and extends from Saratoga Avenue to Saratoga-Los Gatos Road. The location of George Whalen Way is shown on the map below. The rights of the public to this street held by the City of Saratoga are proposed to be abandoned in their entirety including all public rights of ingress and egress and all public service easements. _~ ~ , ,.~ ~~ ~~ >, y' ; " ~ .,\ /: ~: >. ,~' i ~ is ~' ,i~ ,,y ~ ~ ; .. l„ ~~'~ ~,. ,:~ i AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) ~• kSf ~7j- F~ ,being duly sworn, deposes and says: that heishe is a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the ~_ day of j~G>CO[s~cL 200 ~ he/she deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (see list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to Notice of Hearing pursuant to Section of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. ~~. ~e~ ~~ SaAZr <NnN'9<rnJ~N `xnO W mOSr£Tt-nm3 V M1Cym~n^3xS)CrmnOLZOyNNN yy yn N m W m D m O m A 3 D ~-+ a A A 3 C S N C m m D m O D O D 0 D m C C D C N m O z C D m N D a -~ a D D D 0 0 m < Z-~ n Ll D D+ m D -1 r m n Z K F A A Z Z 'L Z m H Z A Z y Z -1 K C Z Z~ W Z< D ~-I A A K A A A A X C O Z N m K 9 ti -i = )C m 3 3 -~ < m N m r Z 9C A A N 0 ~ Z Z ti A 2 2 0 L7 ti O N Z ti O Z D r A b a N D D D D O LJ A 2 m n 2 P m m 2 m A m A ~-. 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MEETING DATE: November 6, 2002 AGENDA ITEM CITY MANAGER: ~G~-~---- ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Second Reading of 2001 California Building, Plumbing, Mechanical, and Electrical Codes Ordinance RECOMMENDED ACTION: 1) Conduct public hearing on proposed ordinance adopting and amending the 2001 California Building, Plumbing, Mechanical, and Electrical Codes; 2) Approve motion to waive the second reading of the ordinance; and 3) Approve ordinance. STAFF REPORT At the City Council meeting on October 16, 2002, the City Council introduced an ordinance adopting and amending the 2001 California Building, Plumbing, Mechanical, and Electrical Codes. The effect of the ordinance is described in the staff report for the October 16, 2002 meeting. Pursuant to Section 50022 of the Government Code, the City Council read the title of the Ordinance and the titles of the Codes to be adopted by reference. After the first reading, the City Council duected the City Clerk to schedule a public hearing on the ordinance. The City Clerk scheduled the hearing for November 6, 2002, and published notice of the hearing in the Saratoga News for two successive weeks. Section 17958 of the Health and Safety Code permits the City to amend the requirements of the California Building, Plumbing, Mechanical, and Electrical Codes where the City finds that the amendments are reasonably necessary because of local climatic, geological, or topographical conditions. At the City Council meeting on October 16, the City Council adopted a resolution finding that the amendments to the 2001 California Building Code included in the Ordinance are reasonably necessary because of local climatic, geological, or topographical conditions. Pursuant to Section 17958.5 of the Health and Safety Code, a copy of the resolution has been filed with the California Building Standards Commission. Ordinarily, a second reading matter would be placed on the consent calendar. However, where the City Council proposes to adopt a code by reference, section 50022.3 of the Government Code requires the City Council to conduct a public hearing on the ordinance no earlier than two weeks after the ordinance is introduced. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. Notice of the proposed adoption of the ordinance was published for two successive weeks in the Saratoga News. In addition, building trade publications have been announcing the pending uniform codes for the past several yeazs. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Discussed above. ATTACHMENTS: Draft Ordinance; Staff Report for Draft Ordinance for October 16, 2002 City Council Meeting 2 4 ORDINANCE AN ORDINANCE ADOPTING THE 2001 CALIFORNIA BUILDING CODE, THE 2001 CALIFORNIA PLUMBING CODE, THE 2001 CALIFORNIA MECHANICAL CODE, AND THE 2001 CALIFORNIA ELECTRICAL CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Health and Safety Code Section 18938 makes certain provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred eighty days after publication by the Califomia Building Standards Commission ("Commission"), or at a later date established by the Commission. Pursuant to Health and Safety Code Section 18938, the 2001 edition of the California Building Standards Code became effective in the City of Saratoga on November 1, 2002. B. Health and Safety Code Section 17958 pennits the City of Saratoga to amend the requirements of the California Building Standards Code where the City finds that the amendments are reasonably necessary because of local climatic, geological, or topographical conditions and the amendments are filed with the Commission. The City has found that the amendments which are set forth in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions. The City has submitted a copy of the amendments and the City's findings supporting the amendments to the Commission. C. Sections 2.2, 2.6, 2.7, and 2.8 of this ordinance adopt by reference the 2001 California Building, Plumbing, Mechanical, and Electrical Codes, as amended by the Commission. D. Sections 2.4 and 2.5 of this ordinance amend the Building Code to address local geological conditions. Section 2.4 defines "light-frame construction". Section 2.5 adopts the updated, 1997 National Design Specifications for Wood Construction. E. Sections 2.1 and 2.3 of this ordinance correct designations and references in the Saratoga City Code. Section 2.1 deletes a provision of the Saratoga City Code that designated the Community Development Director as the Building Official for the City, as the term "Building Official" is used in the City's Building Regulations. Section 2.2 corrects a typographical error in the Building Code. Section 2. Adoption. Section 2.1. Repeal of Section 16-05.020. Section 16-05.020 of the Saratoga City Code is hereby deleted. Page 1 of 6 Ordinance No. Section 2.2. Adoption of the 2001 Califomia Building Code. Section 16-15.010 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ele). 16-15.010 Adoption of California 8ui€e~tn Building Code. The 2001 California Buildine Code (1997 Uniform Buildine Code Vols. I. II. and III as com filed and published by the International Conference of Building Officials and amended by the State of Californial, includine aunendix Chanters 3 Div. I. 3 Div. II. 3 Div. IV, 15. 18. 31 Div. II. 31 Div. III, 33. and 34 Div. III only. ' "^' °a~~=-~ -°"-- • , hereinafter referred to as the "Building Code," is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Code of the City. However, in accordance with California Governrent Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Building Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the Califomia Building Standards Commission, or will be filed prior to November 6. 2002 3u}y-~-1-999. In accordance with California Government Code Section 50022.6, at least orie true copy of the Building Code has been on file with the City Clerk since ctober 22. 2002 3u}y-Fr,1499. While the ordinance codified in this Article is in force, a true copy of the Building Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Building Code shall be available in the office of the City Clerk for public purchase. Section 2.3. Amendment to Section 16-15.030 to Correct a Typographical Error. The last sentence of Section 16-15.030 of the Sazatoga City Code (amending Sections 106.4.2 and 106.4.4 of the Building Code) is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex-amgle). Where a permit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within thirty days thereafter, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfaze, and subject to all of the provisions of Section 102 of Chapter 1 ~ of this Code. Page 2 of 6 Ordinance No. Section 2.4. Adoption of Section 16-15.065 Concerning the Definition of Light-Frame Construction. Section 16-15.065 is hereby added to the Saratoga City Code, to read as set forth below: 16-15.065 Section 213 is added concerning the definition of light-frame construction. Section 213 is added to the Building Code, to read as follows: SECTION 213: DEFINITION 213 Light-Frame Construction is a type of construction whose vertical and horizontal structural elements are primarily framed by a system of repetitive wood or light gauge steel framing members, and which does not use structural concrete as floor or roof diaphragm. Section 2.5. Adoption of Section 16-15.095 Concerning Allowable Stress Design of Wood. Section 16-15.095 is hereby added to the Saratoga City Code, to read as set forth below: 16-15.095 Section 2316 is amended concerning allowable stress design of wood. i (a) The preface to Section 2316 of the Building Code is amended to read as follows: This standard, with certain exceptions, is the ANSI/NFoPA NDS-97 National Design Specification for Wood Construction of the American Forest and Paper Association, 1997 Edition, and the Supplement to the 1997 Edition, National Design Specification, adopted by reference. The National Design Specification for Wood Construction, 1997 Edition, and supplement are available from the American Forest and Paper Association, 1111 19th Street, NW, Eighth Floor, Washington, DC, 20036. (b) The first sentence of Section 2316.1 of the Building Code is amended to read as follows: The National Design Specification for Wood Construction, 1997 Edition (NDS), which is hereby adopted as a part of this code, shall apply to the design and construction of wood structures using visually graded lumber, mechanically graded lumber, structural glued laminated timber, and timber piles. (c) Item 27 of Section 2316.2 of the Building Code, including NDS Supplement Table SA, is deleted in its entirety. C~ Page 3 of 6 Ordinance No. Section 2.6. Adoption of the 2001 California Plumbing Code. Section 16-25.010 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (exax3ple). 16-25.010 Adoption of California ~3n1€er~x- Plumbing Code. The 2001 California Plumbine Code (2000 Uniform Plumbine Code, as published by the International Association of Plumbine and Mechanical Officials and amended by the State of California). includint Annendix Chanters A. B. C. D. H. I. J. and K onlv. -)-99-7 ,~ > > > ' ,hereinafter referred to as the "Plumbing Code," is referred to and except as to additions, deletions and amendments hereinafter noted, such Code is adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Plumbing Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Government Code Section 50022.6, at least one true copy of the Plumbing Code has been on file. with the City Clerk since October 22. 2002 3a}q~1-999. While the ordinance codified in this Article is in force, a true copy of the Plumbing Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Plumbing Code shall be available in the office of the City Clerk for public purchase. Section 2.7. Adoption of the 2001 California Mechanical Code. Article 16 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-30.010 Adoption of California i3ai€er-n Mechanical-Code. The 2001 California Mechanical Code (2000 Uniform Mechanical Code as published by the International Association of Plumbine and Mechanical Officials and amended by the State of California) includine all appendices ' ^^' tea:«".~ ,.c.w,. T'~~~ -~- ""--'-°~~°°' >~ ~V111V1 M(14V V11l UL1LLllls vuaa.a¢LO 6i1~ "~''"'""' «'"' °~°'" "'r ~°i'~ -~° hereinafter referred to as the "Mechanical Code," is referred to and except as to additions, deletions and amendments hereinafter noted, such Code is adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Mechanical Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Mechanical Code are reasonably necessary because of local climatic, geological or topographical conditions are Page 4 of 6 Ordinance No. either already on file with the California Building Standards Commission, or will be filed prior to November 6. 2002 ~1~99. In accordance with California Government Code Section 50022.6, at least one true copy of the Mechanical Code has been on file with the City Clerk since October 22.2002 3x999. While the ordinance codified in this Article is in force, a true copy of the Mechanical Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Mechanical Code shall be available in the office of the City Clerk for public purchase. , Section 2.8. Adoption of the 2001 California Electrical Code. Section 16-35.010 of the Saratoga City Code is hereby amended as shown below. Text • inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ele). 16-35.010 Adoption of California l~Tatieaal Electrical Code. The 2001 California Electrical Code (1999 National Electrical Code as published by the National Fire Protection Aeencv and amended by the State of California). ' ""`n~aaiaa,~ .....__ .._._,,..__ ....__...__. _...~-, _.....r..__ .,~ ..... _ ._....__.... _ __.. _ _...__...,.. _.o_._,.~ __... ,hereinafter referred to as the "Electrical Code," is referred to and such code is adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Electrical Code of the City. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Government Code Section 50022.6, at least one true copy of the Electrical Code has been on file with the City Clerk since October 22. 2002 s••'-. While the ordinance codified in this Article is in force, a true copy of the Electrical Code shall be kept for public inspection in the office of the City Clerk. A reasonable supply of the Electrical Code shall be available in the office of the City Clerk for public purchase. Section 3. 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- Page 5 of 6 Ordinance No. 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 4. 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: ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY MAYOR, CITY OF SARATOGA, CALIFORNIA • Page 6 of 6 Ordinance No. • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE TO BE ADOPTED BY REFERENCE IN THE SARATOGA CITY CODE WHEREAS, Health and Safety Code Section 18938 makes certain provisions published in the Califomia Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred eighty days after publication by the California Building Standards Commission ("Commission"), or at a later date established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical . conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, the City Council of the City of Saratoga ("City Council") intends to adopt an ordinance adopting by reference certain provisions of the Califomia Building Standards Code; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in Exhibit A; . NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Building Standards Code set forth in Exhibit A are reasonably necessary because of local climatic, geological, or topographical conditions in accordance with Health and Safety Code Section 17958.7; and BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. PASSED, APPROVED AND ADOPTED this sixteenth day of October 2002, by the following votes. AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK • 2 EXHIBIT A Section 106.4.4 of the California Building Code Section 106.4.4 of the California Building Code is amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (exa~le). Where a permit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within thirty days thereafrer, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfare, and subject to all of the provisions of Section 102 of Chapter 1 ~ of this Code. Findings: Section 16-15.030 of the Saratoga City Code amends sections 106.4.2 and 106.4.4 of the California Building Code. Section 16-15.030 was adopted by the City of Saratoga in 1999 as part of Ordinance 71-193, based on the City's finding that the amendments to sections 106.4.2 and 106.4.4 reflected in section 16-15.030 were reasonably necessary because of local climatic, geological, or topographical conditions. Such findings and a copy of section 16-15.030 were filed with the California Building Standards Commission. As amended by Section 16-15.030, section 106.4.4 incorrectly cross- references Section 102 of Chapter 2 of the California Building Code. The correct cross- reference is to Section 102 of Chapter 1 of the California Building Code. The proposed amendment to section 106.4.4 set forth above would correct the cross-reference in the last sentence of the section by deleting "Chapter 2" and inserting "Chapter 1 ". This amendment to correct the cross-reference in section 106.4.4 is consistent with the City's previous finding that the amendments to the California Building Code reflected in section 16-15.030 are reasonably necessary because of local climatic, geological, or topographical conditions. 2. Section 213 of the California Building Code Section 213 is added to the California Building Code, to read as set forth below: SECTION 213: DEFINITION 213 Light-Frame Construction is a type of construction whose vertical and horizontal structural elements are primarily framed by a system of repetitive wood or light gauge steel framing members, and which does not use structural concrete as floor or roof diaphragm. Findines: • The 2001 California Building Code on several occasions refers to "Light- Frame" construction. However, currently there is no definition for the term. The proposed amendment would insert a new definition, similar to the definition provided in International Building Code, for additional clarification. The amendment is needed due to local geological conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mine and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. 3. Section 2316 of the California Building Code Section 2316 of the California Building Code is amended as shown below. Text to be inserted is indicated in double-underlined font exam le ;text to be deleted is indicated in strikeout font (extu~le). (a) The preface to Section 2316 of the Building Code is amended as follows: This standard, with certain exceptions, is the ANSI/NFoPA IBS-4~ NDS-97 National Design Specification for Wood Construction of the American Forest and Paper Association, i~:~:s°-~r 1997 Edition, and the Supplement to the i-99~ 1997 Edition, National Design Specification, adopted by reference. The National Design Specification for Wood Construction, i~ea-~9r 1997 Edition, and supplement are available from the American Forest and Paper Association, 1111 19th Street, NW, Eighth Floor, Washington, DC, 20036. (b) The first sentence of Section 2316.1 of the Building Code is amended to read as follows: The National Design Specification-for Wood Construction, P^r,- 1997 Edition (NDS), which is hereby adopted as a part of this code, shall apply to the design and construction of wood structures using visually graded lumber, mechanically graded lumber, structural glued laminated timber, and timber piles. (c) Item 27 of Section 2316.2 of the Building Code, including NDS Supplement • 2 . Table SA, is deleted in its entirety. FindinQS: The 1991 National Design Specification for Wood Construction of the American Forest and Paper Association ("NDS") is more than 10 years old and is an outdated specification. Following the adoption of the 1997 Uniform Building Code, the American Forest and Paper Association has published the 1997 NDS which incorporates many of the items that were added since publication of the 1991 NDS. The 1997 NDS is also in a more user-friendly format. The amendment is needed due to local geological conditions. The San Francisco Bay area region is densely populated and/or located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities, including the 1989 Loma Prieta earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. 3 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. r"-'1 MEETING DATE: November 6, 2002 AGENDA ITEM CITY MANAGER: ~~~ ORIGINATING DEPT: Public Works PREPARED BY: Richard Taylor/John Cherbone SUBJECT: Land Exchange with Saratoga Fire Protection District RECOMMENDED ACTION: Approve resolution authorizing exchange of City property underlying the Heritage Plaza for (1) an easement granting the City permanent use often parking spaces for public parking administered by City; (2) easements for bicycle and pedestrian rights-of--way along the Saratoga-Los Gatos Avenue and Saratoga Avenue frontages of the proposed fire station; and (3) agreement to relocate the Memorial Arch from the Heritage Plaza to Blaney Plaza. REPORT SUMMARY: At its August 7, 2002 meeting the City Council voted to reconsider the application of the Saratoga Fire Protection District to build a new fire station at 14380 Saratoga Avenue. The revised application requires the use of City owned property underlying the Heritage Plaza at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. In exchange for the Heritage Plaza property the Fire District has offered to dedicate to the City (1) an easement granting the City permanent use often parking spaces for public parking administered by City and (2) easements for bicycle and pedestrian rights-of--way along the Saratoga-Los Gatos Avenue and Saratoga Avenue frontages of the proposed fire station. The District has also offered to pay for the costs of relocating the Memorial Arch to Blaney Plaza. The history and details of the revised application are discussed in detail in the staff report to the City Council concerning the appeal of the Planning Commission's action on the use permit and related applications for the new fire station. The proposed land exchange was evaluated in the Mitigated Negative Declaration for the Fire Station project prepared by the District and certified on October 7, 2002. The land exchange has been proposed as part of the redesign of the fire station set forth in the Ad Hoc Committee's "Scheme A." The original design proposed by the Fire District in 2001 would have required conveying approximately 550 square feet of the Heritage Plaza to the District through a land exchange or transfer. A key component of Scheme A, however, is a 59 foot apron in front of the fire station to allow fire apparatus to make turning movements on the. apron to avoid any safety problems that could be associated with making such movements on Saratoga Avenue. To accommodate this apron and to satisfy various other height and bulk objectives, the new station design requires use of the entire Heritage Plaza property. To compensate the City for the loss of the property, the District has offered to dedicate to the City easements providing the City full control of ten permanent public parking spaces that would be located behind the new fire station. The location of the spaces is shown on the site plan accompanying the staff report for the use permit appeal. In addition, the District would dedicate to the City permanent public easements for pedestrian and bicycle use along the Saratoga-Los Gatos Avenue and Saratoga Avenue frontages of the proposed fire station. Community Development Deparhnent staff have reviewed the proposed land transfer for conformance with the General Plan (the City Council on August 7, 2002 requested the Planning Commission to prepare a report on the conformity of the land exchange with the General Plan but the Planning Commission did not make such a report in light of its decision on the use permit application). Staff has determined that the land exchange is consistent with the following General Plan Goals and Policies in that that the exchange will improve traffic circulation and allow a new Fire Station with a design that enhances public safety: • CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. • CI.5.15 Require the provision of secure bicycle parking as part of all future development projects that include multi-family residential, commercial, industrial, office, and institutional uses. • CI.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile use. • CI.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community 2 centers such as the village center. • Safety Element Goa14.0 to reduce the danger of property damage and loss of life due to fire in both urban and rural areas of the City. ALTERNATIVES: The City Council could reject the land exchange or propose an alternative exchange. This would affect the feasibility of the proposed project as designed. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Resolution Approving Land Exchange ~~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA AUTHORIZING AND ORDERING A LAND EXCHANGE WITH THE SARATOGA FIRE PROTECTION DISTRICT WHEREAS, as a result of a collaborative planning process and to accommodate the design of a proposed new fire station, the Saratoga Fire Protection District has requested that the City of Saratoga convey to the District the Heritage Plaza property shown on Attachment A to this Resolution in exchange for (1) dedication to permanent public use of at least ten (10) public parking spaces controlled by the City; (2) an easement eight feet in width for passage of pedestrians and bicycles within the setback of the western side of the Fire Station property along State Route 9; and (3) an easement ten feet in width for passage of pedestrians and bicycles within the front apron of the fire station adjacent to Saratoga Avenue; and WHEREAS, the Saratoga Fire Protection District has agreed that will cover costs associated with relocating the Memorial Arch in the Heritage Plaza to Blaney Plaza including removal, transportation, foundation construction, and installation provided that all costs relating to the design of Blaney Plaza and all Blaney Plaza improvements other than the foundation necessary to support the Memorial Arch shall be paid by the City. WHEREAS, the Saratoga Fire Protection District has completed a Mitigated Negative Declaration regarding the new fire station including the proposed exchange of the Heritage Plaza property for the easements referenced above and concluded that it will have no unavoidable significant adverse impacts; and WHEREAS, the City Council on August 7, 2002 requested that the Planning Commission report to the City Council on the proposed vacation's conformity with the City of Saratoga General Plan and no report has been filed; and WHEREAS, on November 6, 2002 the City Council considered this matter at a public meeting at which all members of the public had the opportunity to be heard and to present evidence; and Resolution No. Page 1 of 4 WHEREAS, the City Council has considered all public testimony, the Mitigated Negative Declaration, and all materials presented by staff. THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Finds and determines that it has considered the Mitigated Negative Declaration for the project as required by the California Environmental Quality Act and determined that the land exchange will have no significant impacts. 2. Finds and determines that the land exchange conforms to the City of Saratoga General Plan in that the project will improve traffic circulation and allow development of the proposed Fire Station including ten new public parking spaces and bicycle and pedestrian easements as specified in Exhibit A to the resolution approving the Design Review, Conditional Use Permit and Lot Line Adjustment consistent with and in furtherance of the following General Plan Goals and Policies: • Policy CI.7.Oa Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities and the land transfer and accompanying dedication to public use often parking spaces will minimize existing intrusions into adjacent neighborhoods by providing new public parking spaces controlled by the City of Saratoga. Cl. S.1 S Require the provision of secure bicycle parking as part of all future development projects that include multi family residential, commercial, industrial, off ce, and institutional uses. Finding: The proposed development will meet all required parking standards in the zoning ordinance including bicycle parking and locker room facilities the land transfer and easement acquisition and will enhance opportunities for bicycle access by providing easements for bicycle use. C1.5.19 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile use. Finding: The proposed development will meet all required parking standards in the zoning Resolution No. Page 2 of 4 ordinance including bicycle parking and locker room facilities and the land transfer and easement acquisition will enhance opportunities for bicycle access by providing easements for bicycle use. C7.5.6 Provide Safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as the village center. Finding: The proposed development will include clear pedestrian zones and a plaza entry and the land transfer and easement acquisition will enhance.opportunities for pedestrian and bicycle access by providing easements for pedestrian and bicycle use. Safety Element Goal 4.0 To reduce the danger of property damage and loss of life due to fire in both urban and rural areas of the City. Finding: The vacation and property transfer will allow development of a fire station design with a front apron of sufficient size to avoid safety problems associated with fire trucks backing in to the Fire Station and with a sufficient setback from the intersection of Saratoga Avenue and Saratoga- Los Gatos Avenue to minimize the bulk of the structure and improve line- of-sight at the intersection. Directs the City Engineer to prepare a deed conveying from the City to the District the Heritage Plaza property to the Saratoga Fire Protection District and a deed from the District to the City conveying to the City (1) an easement for permanent public parking use controlled by the City at all times over the area shown in Exhibit A to this resolution; (2) an easement eight feet in width for passage of pedestrians and bicycles within the setback of the western side of the Fire Station property along State Route 9 as shown on Exhibit A; and (3) an easement ten feet in width for passage of pedestrians and bicycles within the front apron of the fire station adjacent to Saratoga Avenue as shown on Exhibit A. Said deeds shall be free of all liens or encumbrances. 4. Directs the City Manager to sign the deeds conveying and accepting the aforesaid property interests upon either (1) satisfactory completion of the transfer by the Saratoga Fire Protection District of the Memorial Arch to Blaney Plaza or (2) receipt of an improvement agreement signed by the Saratoga Fire Protection district and in form and content acceptable to the City Manager and City Attorney assuring satisfactory completion of the transfer by the Saratoga Fire Protection District of the Resolution No. Page 3 of 4 • Memorial Arch to Blaney Plaza. The City Clerk is directed to cause the deed conveying the Heritage Plaza property to be recorded immediately following recordation of the deed conveying the various easements to the City. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this _ day of , 2002, by the following vote:. AYES: NOES: ABSENT: ABSTAIN: Mayor • ATTEST: City Clerk Attachments Attachment A: Map showing location of Heritage Plaza property and easements to be conveyed. Resolution No. Page 4 of 4 w ~~`jj V /~ ¢ V .~: /~~ ~ ~ ~ ~~~~e x W '° r ~; ~ O • '. W _ '.~ R ~~ ~ :... _ ~ s: ~, ~: :~~~. ~K'~. ~~ 5 ,Z .l ~> y .~ '. ~'_ / ~ ~ y % ~ '~ ~ ~ + -L.I ~ 3,1.E ~ ~ ~ ~ ~~ I Irn IL ~ one . - ~ I -~, ~~ 8 ~; ~: ,~ . ~~ ---~- ~~,~ --- ~M~y; ~~'bMJ s t~~~lr /}1j1 II / /~ :~ lr i v ~ ~ ~ ~ I ® ~ 0 , ~, b K ~' ~ ® ~ / B•'/O ~ ~ ~~'z »o~ ~. Q 6 / . ' e~\ `'• u ~~ / ,~ ~ ~ ~ ~~~ ~ ~e~ ~~e ~~~ ' _~~ ~~• -~ i ~~ i ~tt I 17 J W .~ } . ~a Q~ ~~ ~° ~~ _~~. s~~fl x ~'t..~~4,~x ,~' wxr„, SARATOGA CITY COUNCIL MEETING DATE: November 6, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: l r/ ~/G:,~-~-*~-- PREPARED BY: Lorie Tinfow DEPT HEAD: `-'l_/~ SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): None; informational only. REPORT SUMMARY: Budget Summary Report. The budget summary is updated at the beginning of the month. My next report will include the November update. The Library JPA voted to pay for moving costs so that action will free up an additional $137,000 for construction expenses and be shown on the November summary. Change Order Activity. No new Change Orders have been issued since my last report. Construction remains on schedule. The construction completion date continues to be February 28, 2003, and the new library will open to the public in Spring 2003. As part of my last report I stated that the roof was late in being completed at the librazy. I want to clarify the meaning of my statement and its seeming incongruence with my concurrent statement that the project remains on schedule. Each month Thompson Pacific provides an updated schedule. A spot check comparison of specific completion dates for several tasks between the most recent schedule and the first one submitted shows delays of between 2 and 4 weeks in some cases. This fact doesn't automatically translate to a delay in the project completion however. At the beginning of the job, both Gilbane and Thompson thought it possible that the project would finish early. I didn't share that speculation with you nor with the - community knowing that the buffer time could easily disappear. In addition, some tradeoffs in timing between pazticulaz types of work has gone on-i.e., if the building wasn't ready for the electrical work as scheduled but it was ready for the HVAC work scheduled for later, then that work was moved up. As a result, the project remains on schedule to be substantially complete by February 28, 2003, even though some tasks that were expected to be complete by now remain unfinished. Gen-Con, Inc., Bankruptcy. No new information since my last report. Benches. I've received additional information about the structural integrity and installation of the alternate benches. Both support further consideration. However I'll wait until the construction is farther along, probably in eazly January, to bring forwazd an opportunity for further Council consideration. Parking Lot Modifications. Pricing is still being developed for both the internal parking lot curbing and the perimeter erosion control. Once complete, the options will be brought to Council for discussion. FISCAL IMPACTS: Not applicable. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not applicable. ALTERNATIVE ACTION(S): Not applicable. FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council at each meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. n ` _~ SARATOGA CITY COUNCIL MEETING DATE: Nnvemher 7. 20nz ORIGINATING DEPT: AGENDA ITEM: CITY MANAGER: O~ PREPARED DEPT SUBJECT: 2002 Pavement Management Program -Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Bortolotto & Co. of San Cazlos to be the lowest responsible bidder on the project. 2. Move to awazd a construction contract to Bortolotto & Co. in the amount of $619,962.49. 3. Approve additional work to contract in the amount of $200,000.00. 4. Move to authorize staff to execute change orders to the contract up to $90,000. REPORT SUMMARY: Sealed bids for the 2002 Pavement Management Program were opened on Thursday, October 31st. A total of eight contractors submitted bids and a summary of the bids received is attached (Attachment 1). Bortolotto & Co. of San Carlos submitted the lowest bid of $619,962.49, which is 32% below the Engineer's Estimate of $815,469.95. Bid amounts came in unexpectedly low, which can be attributed to cunent material prices. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated October 4`h, 2002. Staff recommends incorporating additional work into the contract in the amount of $200,000.00, because of the favorable bids received. This will allow for the overlay of additional City streets per the recommendations of the City's adopted Pavement Management Program. The scope of work includes furnishing all materials, equipment, and labor to resurface and re-stripe segments of public roadway at various locations throughout the City (see attached location map). It should be noted that a portion of paving work along Prospect Road is a joint effort with the County of Santa Clara, and the City will be reimbursed by the County upon completion of the work in the amount of $40,000.00. Staff is currently working with the County to finalize a cooperative agreement, which will be submitted to City Council for approval prior to work commencing on the road. It is therefore recommended that Bortolotto & Co. be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $90,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget and contains sufficient funds to cover the contract and recommended change order amounts. The current adopted budget for PMP work is $1,484,215.00. This budget allows for the current recommended contract work with Bortolotto & Co. ($909,962.00, including change orders), plus allowances for future work in the Gateway Project ($250,000.00) and spring slurry seal work ($200,000.00). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Bortolotto & Co. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will beobtained by re-bidding the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 45 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary. 2. Construction Contract 3. 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'~ O A O O+ O W O O N + O O fT 0 O N N d O 0 0 0 A V O O V 0 0 0 O C O O A O UI O O O V O A O O N N 0 ~ i + N + V + + 0 + + A A A V » W N + O A V(0 4J O Cn W AlJ V 7+ + + OA C1 O d O O A 0 0 ~ N 0 0 0~ 0 0 O o > oic cO 0 i.1 O:n O o 0 0 0 oo oo o m oA O o ' m '9 m C o m ~ 7 G o w o , W " O W O ++ O N Nt 00 ~n tO 0 N O V V + 0 0 V 0 0 A fO 0 0 O 01 U 1 0 0 0 01 O O O V O O N A + 0 + f T N A - I O OD N (T l0 W W W N 0 V 0 0 O C V IJ l J + 0 O> O A + V f ll A OJ H A O d O O O O N i N O N O - 0 0 0 G O C O O O O fJ O O O O O O O O O O O O V O O N 2 N W ~ C N 3 n W X 0 O A O r~ W 0 0+ O W W V+ ~ G N V m H V A I V O CO IJ 0 0 W O 0 0 0 0 N 0 0 0 0 0 0 0 N 0 + V + V + + V 0 A ~ O i+ N tO W N W 0 Di N0 0 W M G N IJ (! C t V f T V tT A V V OJ V 4 N f I V Co A 0 O) W m o <p f V W - . + O N O W O A 0 N 0 tp V O 0 0 0 00 0 C O fJ C C IJ b N G 0 0 0 0 0 0 0 0 0 0 0 0 0 CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION 2002 PAVEMENT MANAGEMENT PROGRAM THIS CONTRACT, made this sixth day of November, 2002, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and BORTOLOTTO & CO. hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10%) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall fiunish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Sazatoga in conformity with the plans, specifications and other contract documents and according to such instructions as maybe given by the Saratoga Director of Public Works or his authorized agent. i~ ARTICLE II. CONTRACT PRICES Except as provided in Section PJ B of the Specifications ("Changes and Extra Work"), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabilities and other insurance; for all fees or royalties or other expenses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 7. Labor and Material Bond 2. Bid Proposal 8. Plans 3. Bidder's Bond or Bid Guaranty 9. Specifications 4. Contract for Public Works 10. Insurance Certificates Construction 5. Hold Harmless Clause 6. Performance Bond 11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. is u L~ J J u AWARDED BY CITY COUNCIL: Date: ATTEST: City Clerk The foregoing Contract is approved as to form this day of 20 City Attorney "Funds verified " Finance Office Date 19 CITY OF SARATOGA: CONTRACTOR: Title License No. Tax ID or SSN Contract No. Y Pierce Road (Mt. Winery to Suney Lane; Paul Avenue (4th. Street to u ~.~ ~ ~, i CITY OF SARATOGA 2002 PAVEMENT MANAGEMENTPROGRAM STREET OVERLAY LOCATIONS ORDER OF PRIORITY: 1) Pierce Road 2) Saratoga-Sunnyvale Road 3) Easton Place 4) Paul Avenue 5) Saratoga Avenue N No Scale SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM L~~ MEETING DATE: November 6, 2002 CITY MANAGER: ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Consider Requests to Join Friend of the Court Briefs in (I) San Jose Christian College v. City of Morgan Hill and (2) Barden v. City of Sacramento. RECOMMENDED ACTION: Authorize the City of Saratoga to join the friend of the court briefs being prepared in the above- named cases. REPORT SUMMARY: 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 which are of possible concern to the City. (1) San Jose Christian College v. City of Morgan Hill This case involves the interpretation and application of the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUII'A"). See 42 U.S.C. § 2000 cc et seq. A health care facility closed the only hospital in the City of Morgan Hill and sold the property to a Christian college. The college filed an application to change the zoning designation for the site from medical use to educational use, The city denied the application, explaining that the site was the only property in the city zoned for hospital use. The college then filed suit against the city under RLUII'A. Under RLUII'A, "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise" of a person, assembly, or institution, unless the regulation is the least restrictive means of furthering a compelling governmental purpose. 42 U.S.C. sec. 2000cc(a)(1). At trial, the district court entered summary judgment in favor of the ~....~ city, finding that the college had failed to demonstrate that the denial of its application placed a substantial burden on its exercise of religion. The court concluded that RLUIPA "does not provide religious institutions with immunity from land use regulation." The college has appealed to the Ninth Circuit Court of Appeals. The amicus brief will emphasize that RLUIPA is intended to prevent discrimination against religious expression and institutions, not to exempt religious institutions from neutral land use regulations or environmental regulations under the California Environmental Quality Act, and that interpreting RLUIPA to forbid any zoning or land use restrictions on religious institutions would strip local governments and planning commissions throughout the State of California of their historic power to reasonably regulate land use for the public welfare, thereby making federal courts, in essence; "super zoning bodies." The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief which is being prepared without charge to participating cities. The deadline to join the brief is November 7, 2002. (2) garden v. City of Sacramento This case involves the application of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, to the maintenance of public sidewalks. Various individuals with mobility and/or vision disabilities brought a class action against the City of Sacramento, alleging that the city violated the ADA by failing to maintain existing sidewalks so as to ensure that the sidewalks aze accessible to persons with disabilities. The individuals with disabilities argued that the city is obliged to remove barriers to sidewalk accessibility, such as benches, sign posts, wires, and utility poles. At trial, the district court granted partial summary judgment in favor of the city, holding that the public sidewalks in Sacramento are not a service, program, or activity of the city and, accordingly, are not subject to the program access requirements of the ADA. However, the Ninth Circuit Court ofAppeals-reversed, holding that maintaining public sidewalks is a normal function of a city and, therefore, that public sidewalks are subject to the accessibility requirements of the ADA. The Court of Appeals noted that the ADA regulations require curb ramps to be installed in all pedestrian walkways and found that this requirement "reveals a general concern for the accessibility of public sidewalks ...and would be meaningless if the sidewalks between the curb ramps were inaccessible." The Court of Appeals refused to consider azguments concerning any "undue financial and administrative burdens," stating that the city would have an opportunity to present evidence on that issue at trial. The City of Sacramento intends to petition the U.S. Supreme Court to review the case and has asked the City to join an amicus brief in support of the petition. In addition, the City of Sacramento has asked the City to join an amicus brief on the merits if the Supreme Court agrees 2 n LJ to hear the case. The City of Sacramento anticipates that the amicus brief will explain the intent of the ADA and discuss the serious financial burden that the Court of Appeal's ruling would place on cities and other local agencies if allowed to stand. The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief in support of the petition, which is being prepared without charge to participating cities. The National League of Cities, the U. S. Conference of Mayors, the California Association of Counties, the National Association of Counties, the City of New York, and numerous other cities have also joined or recommended joining amicus briefs in support of the petition. The deadline to join the brief is November 15, 2002. 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 briefs. FOLLOW UP ACTIONS: City Attorney will report on the decisions of the courts when issued. ATTACHMENTS: Letter from Special Counsel for the League of California Cities re: San Jose Christian CoZZege v. City of Morgan Hill Letter from Mayor of the City of Sacramento re: Barden v. City of Sacramento L 10/31/02 17:37 '$ SHUPE,MIHALY f~002/005 ~~~{{;~-//L` RICHQRDS ~ WATSON ~ 6ER5HON ~,`~le AttORN EYS AT LAW-A PROFESSIONAL CORPORATION RlfHnq 9i'6 1988) GLENN R. WATBON ERWIN E. ADIER DAROLO D. PIFPER STEVEN L OORSEY WI W AM L STRAUG2 MITfNELL E ABBOTT GREGORY W. BTEPANIfKH ROCHELi.E eROWNE wlwAµ B. aupELL Qulxx M, BARROW caROLw, EYNGH GREGORY M. KUNERT ixoMAG M.IIMBO ROBERT4 GEC[ON STEVEN N. RAIIFMANN GARY E GANG IONN 4 ifwaNlG KNIN G. fNNiS ROBIN D. HARRIS MIGMAEL ESTRADA IAVRENCE S. WIENER STD/EN R. ORR e. TILDEN KIM snslGa r, AsamuRa KavsER a, sUME PETER M. TNORSON IAMES L MARNMAN CRAIG A, STEEIE T. PCTER PIER[E TERENCE0. BOGA usA eoN D JANET E COIESON oceoexseL HARRY L 6ERSMDN MARK L IAMKEN SAYRE WEAVER Yn WAM K. KRAMER Hm G. GRAYSON 9AN FRAxGISGO OPPIOC TELEPHONE gi5.421.8g8qq FACSIMILE g19.gz1.8q86 ORANGE cOUxn DFFIfE TELEPHpNE )Sq.990.0901 FA[GImIUF 7lq.ggo.623D 355 South Gmnd Avenue, Both Floor, Los Angeles, Califnmia 90077.-3ioT Telephone 219.626.8g8q Facsimile a19.6~6,DO78 October 17, 2002 Richard S. Taylor City Attorney Shute Milhaly &'Weinberger 396 Ilayes Street San Francisco, CA 94102 Re: San Jose Christian Colle eg vCity of Morgan Hill Dear Mr. Taylor: . I write to encourage your City to join the amicus curiae brief which I am preparing to Sle on behalf of the League of California Cities, in support of the City of Morgan Hill ("City") in San Jose Christian College x City of tY.lorgan Si[! (Ninth Circuit Court of Appeals Case No. 02-15693) (appeal from United States District Court for the Nozthezn District of California Case No. O1-20857). Appellant San Jose Christian College purchased former hospital property in the City of Morgan Hill "on spec", intending to use the site for a college campus, and applied to ttLe City to re-zone the property. The City denied the application for two reasons: first, the City concluded that rezoning of the property was inappropziate because the subject site is the only property in the City Currently zoned for hospital use, and second, San Jose Christian College failed to comply with the requirements o£ CBQA. pan .lose %hristian C liege initially flied an atria dismissed it to pursue a fede court action San Jose C] action in U.S. District Court, challenging both the City's City's denial of the re-zoning application undez the Free the First Amendment of the U.S. Constitution, and the R Institutionalized Persons Act (RLUIPA). Under RLULP, impose or implement a Iand use regulation in a manner 1 burden on the religious exercise" of a person, assembly, regulation is the least restrictive means of fluthering a a purpose. 42 U.S.C.2000cc(a)(1). in Superior Court, but istian College then filed an ~ning ordinance and the ?cercise of Religion Clause of igious Land Use and "no government shall It imposes a substantial institution, unless the spelling government On March 8, 2002, the District Court entered sum6nary judgment for the City. The Court held that the City's zoning ordinances aze lawslof general applicability and do not need to be justified by a compelling government istterest even if they C~ s soNAU sARKaR IanpuL KELLYA CABIlUS DAr.D M. snow < 10/31/02 17: a8 $ . Richard S. Taylor October l7, 2002 Page 2 SHUTE.MIHALY RICHARDS ~ WATSON ~ GERSHON incidentally burden a religion or religious practice, and that a xational basis level of scrutiny was appropriate. In addition, the Court found that San Jose Christian College had failed to demonstrate that the dezlial of th it application placed a substantial burden on their religious exercise as required y RLUIPA. 42 U.S.C. § 2000cc(a)(l). Quoting from the legislative history of RLUIP ,the court concluded that RLUIPA "does not provide religious institutions withit~munity from land use regulation." Senate Legislative History, at 27. The City of Morgan Hill's brief in the will :ie filed by John) . ez and T~ffrey T.1 explain in detail why th District C art"s nili~ amicus brief we are re acing will upplemez RLUIPA is intended to .revent dis riminatio; institutions, not to a em~t religio institutio: environmental regal o, under C QA, and zoning or land use r stri lions on r ligious in and planning commissi through ut the Sti historic power to rea on bly regale a land use courts in essence " r caning bo ies." An a American Plarulizzg , sgciation in upport of We will file QQ' ur plication for leave brief attached, no lathx Thurs y, Nover wishes to add its nagie ' support o the emit that the notification ~ea es me no ater than p.m. Alternatively, ' s timetabl is not co wish to telephone me, or send an a-mail to m send written conftrmation thereafter. Thank you for your time and consi< questions, please do not hesitate to contact cc: John Ramirez, Esq., Ratan & Theker, Jeffrey T. Melehing, Esq., Ratan & Ti 99904102281710129.2 linth Circuit Court of Appeal, which :elching of~.utan Tucker, LLP; wiil should be upheld under the facts. The the City's brief a hasizin$ that against religious a pression and s from neutral lan use regulations or iat interpreting A to forbid any itutions would stri local governments of California to gage in their for the public wel e, and make federal vcus brief will als be filed by the he City`s position. file an amicus bri er 7, 2002. Acco~ ;brief, please noti onday, Novembez ~enient for your Ci as late as noon on sf, with the amicus Jingly, if your City y me in writing such 5, 2002, by 5:00 .y Council, you may the filing date, and ion in this matter. Very truly yi ~~ ~ Amy Greysc LP ker, LLP Tf you have any ~ OOa/005 10/31/02 17:x8 $ SHOTE.MIHALY 0 004/005 or~ezcs of r~ MA'Y'OR C).TY OF SACRAMENTO crrv xnu ROOM 205 CALiFORnIA 915 1 SYktEET n~mo 4F'~iGO October 22, 2002 9581~i~Cna °~ Cn Px 916.264-1300 FAX 916-264-7690 Dear Mayor: Inn roxLY~ 264.5819 E-DV,ll.~ fih~a4AriryM~rn~mir~a orb 1 am writing to ask for your support concerning a federal lawsuit brought against the City of Sacramento. The lawsuit has serious implications for all American cities and counties, as well as all telecommunication and utility companies and counties. The City is facing claims that under the Americans with Disabilities Act (ADA), sidewalks must be made "accessible" by the removal and replacement of displaced or broken concrete; removal of telephone, utility poles and other sidewalk "obstructions;" and by the removal and replacement of sidewalks with an "excessive" cross slope. The City of Sacramento has had a positive decision in the United States District Court, however, the Ninth Circuit Court of Appeals reversed the ruling. If this decision is allowed to stand the financial implications for cities could be enormous. The City of Sacramento is in the process of preparing a Petition asking the United States Supreme Court to review the matter and reverse the Ninth Circuit Court of Appeals. I am asking for your City's consideration in amicus participation in submitting the Petition asking the Supreme Court to take the case. If accepted, I would also ask for your support on the'merits of the case. Amicus counsel has already been retained and amicus participatior by other entities and organizations would be at no cost. The deadline for submission of cur City's Petition is December 4, 2002. In order to allow sufficient time for inclusion on the Amicus Petition we need a response by November 15, 2002. Thank you for consideration. 4f you have any questions concerning this matter, please contact my office (996) 264-5300 or have your legal counsel contact Gerald Hicks at the Sacramento City Attorney's office, (916) 264-5346. Sincerely, ~~ HEATHER FARGO Mayor LJ ioiavoz 17: as OFPICB OP THE GIl'Y A'I70RNEY 1~ SAMUEL L. JACKSON - CfrYATTOIW]?Y wILLiAM P, CARNAZZO CHIEF ASSISfANC CITY ATT014~'EY nicHA,w e. ARCI~ALD ASSISYANC CITY ATTORNEY SUPEINISING DEPUTY CITY ATTORNPYS SANDRA G. TAL80TT ROBERT D. TOKLINAGA sosANA Auvn wooD SSIITE.MIHALY CITY OF SACRAMENTp CALIFORNIA 980 NINTH S'I'REB~ TENTH FLOOR SACRAMENTO, CA 95814-2736 PH 916264.5346 FAX 916264.7455 CONSENT TO JOIN AS AMIGUS CURIAE T0: Gerald C. Hicks, Deputy City Attorney Sacramento City Attorney's Office 980 Ninth Street, Tenth Floor Sacramento, CA 95814 C~oosioos DEPUTY C11Y ATI'ORNEPS DIANE II. SALTER ANGELA M. CASAGRANDA JOSEPH P. CI.RULLO CHRISTA DARLINGTON PAUL A. GALE GERALD C. HICKS STEVEN Y. TfAGAK! STEVEN T. JOHNS H. MiCHON JOHNSON MARCOS P.. KRCPP JOHN M. LVESSERKE GUSTAVO L MARTINEZ JOE ROII)NSON MAT't'HEw D. AUYAK DEBORAH 1L SCHS3LTE MICHAI2 T. SPARKS STEPHEN P. TRAYLOR ux wANc SRE1T M. wITIEit Telephone; (916) 264-5346 Facsimile: (916) 264-7455 • You are authorized to add to the amicus cuJiae Petition and briefs on the merit prepared on behalf of the City of Sacramento in the matter of Barden v. City of Sacramento, United States Ninth Circuit Court of Appeals pocket Number. 01-15744. I understand that no financial contribution of any kind is required of amicus parties. Please state the name(s) of your legal counsel or representative who may be contacted regarding this matter. Name Address E-Mai! Phone • Fax