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Home My WebLink About05-06-2003 City Council Agenda Packet~: CITY OF SARATOGA CITY COUNCIL LAND USE AGENDA TUESDAY, MAY 6, 2003 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR MAY 6, 2003 ON MAY 7, 2003 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. APPLICATION #02-259 (397-27-010) -.SHIN; 14165 VICTOR PLACE • Appeal of a Planning Commission Decision to Conditionally Approve Design Review Application No. 02-259 to Construct aTwo-Story Family Residence Located at 14165 Victor Place 2. APPLICATION #02-269 (397-22-051) -CUTLER, 14480 OAK PLACE; Appeal by William F. Breck of Planning Commission Decision Granting a Variance fora 25-Foot Long Fence at 14480 Oak Place (Cutler Residence) 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. n L.J ARCHIVE COPY C~ AGENDA REGULAR MEETING SARATOGA CITY COUNCIL May 7, 2003 CLOSED SESSION- 5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 5:30 P.M. Conference With Labor Negotiators (Government Code section 54957.6 Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director • Employee organization: SEA Conference With Legal Counsel - Existing_Liti ag tion: (Government Code section 54956.9(a)) Name of case: Nora v. City of Saratoga (Santa Clara County Superior Court No. CV810985) Conference With Leal Counsel -Anticipated Litigation: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Initiation of litigation pursuant to section 54956.9(c): (1 potential case) Public Employee Performance Evaluation:(Gov't Code 54957) Title: City Attorney REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION • PLEDGE OF ALLEGIANCE CORPORATION YARD ROLL CALL • REPORT OF CITX CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 2, 2003) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. • ANNOUNCEMENTS None CEREMONIAL ITEMS 1. Proclamation -Supporting Volunteer Center of Silicon Valley Recommended action: Present proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. • 2A. City Council Minutes -March 19, 2003 Recommended action: Approve minutes. 2 2B. Review of Check Register Recommended action: • Approve check register. 2C. Planning Action Minutes -March 23, 2003 Recommended action: Note and file. 2D. Adoption of Resolution Denying an Appeal Filed by Mitch Cutler Regarding a Planning Commission Denial of a V ariance Request to Allow a 7 '/z Foot Tall Wall to Remain at 14480 Oak Place Recommended action: Adopt resolution. 2E. Contract Renewal for Municipal Traffic Engineering and Street Sweeping Recommended action: Approve aone-year contract renewal with Fehr & Peers Associates, Inc.; approve a one-year contract renewal with Los Altos Garbage Co. 2F. Proposal for Architectural Design Services for the VTA Restroom Project Recommended action: Approve proposal from Bill Gould Design. 2G. Resolution -Supporting the Draft Expressway Draft Plan • Recommended action: Adopt resolution. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total offzve minutes maximum for closing statements, Items requested for continuance are subject to Council's approval at the Council meeting) 3. Application #SD-O1-001 & Ed-O1-003 - (397-27-029), Javanmard, 20440 Arbeleche Lane; -The applicant requests Tentative Parcel Map approval to subdivide one parcel into two building sites Recommended action: Open and continue the public hearing. 4. Appeal of a Planning Commission Decision to Conditionally Approve Design Review Application No. 02-259. to Construct aTwo-Story Family Residence Located at 14165 Victor Place Recommended action: Hold public hearing and take appropriate action. 5. Appeal by William F. Breck of Planning Commission Decision Granting • Variance fora 25-Foot Long Fence at 14480 Oak Place (Cutler Residence) Recommended action: Conduct Public hearing and take appropriate action. • 6. Public Hearing and First Reading of an Ordinance Amending Article 16 of the Saratoga City Code by adding 16-75.050 -Maintenance of Construction Project Sites Recommended action: Open and continue the public hearing. OLD BUSINESS Saratoga Library Project Update Recommended action: Accept report; increase authorized library construction budget; provide direction to staff regarding possible opening art exhibit at the Library. • NEW BUSINESS 8. Introduction of 2003-2004 Preliminary Budget Recommended action: Accept report and direct staff accordingly. 9. West Hopa Presbyterian Church Parking Agreement for El Quito Park Group Use Recommended action: Approve lease agreement with Westhope Presbyterian Church; approve an increase to the existing contract with G. Bortolotto & Co. 10. Saratoga Speed Zone Survey Recommended action: Accept report and direct staff accordingly. 11: Cities Association Legislative Committee -Positions on Legislation Recommended action: Accept report and direct representative accordingly. COMMISSION ASSIGNMENT REPORTS Arts Commission Planning Commission Parks and Recreation Commission Finance Commission Library Commission Public Safety Commission Heritage Preservation Commission Youth Commission Gateway Task Force Library Expansion Committee Gateway Task Force Highway 9/Village Green Task Force VTA Restroom AdHoc Norton Road Fire Access AdHoc Committee West Valley College AdHoc Committee Waltonsmith Kline Waltonsmith Streit Kline King Streit King Kline Bogosian Waltonsmith Bogosian Streit Waltonsmith Kline Bogosian King Waltonsmith Streit 4 LAFCO AdHoc Committee Mt. Winery AdHoc Committee Kline Kline Tree Ordinance Update AdHoc King Committee Library Grand Opening AdHoc Waltonsmith Committee Chamber AdHoc Committee King CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT Waltonsmith King Streit King Kline In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title 77) r~ LJ 5/21 6/4 6/18 7/2 7/16 8/6 8/20 9/3 9/17 10/1 10/15 11/5 11/19 12/3 12/9 12/17 REVISED -CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting -City Manager Evaluation Summer Recess Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Special Meeting -Council Reorganization Regulaz Meeting 5 SARATOGA CITY COUNCIL MEETING DATE:. September 4; 2002 AGENDA ITEM: I ORIGINATING DE , ity Manager CITY MANAGER: PREPARED DEPT HEAD: ' SUBJECT: Proclamation -Supporting Volunteer Center of Silicon Valley RECOMMENDED ACTION:. Present proclamation. REPORT SUMMARY: Attached is a proclamation supporting the Volunteer Center of Silicon Valley. The Volunteer Center is the primie resource for connecting volunteers with community needs and promoting volunteer service. The Volunteer Center serves as the community clearinghouse for connecting the volunteers who feed the hungry, shelter the homeless, care for the sick and dying and serve the arts. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of proclamation CITY OF SARATOGA PROCLAMATION SUPPORTING VOLUNTEER CENTER OF SILICON VALLEY WHt;REAS, giving freely to others is one' of the noblest of human enterprises; and WHEREAS, this year marks the 30a' annual celebration of International Volunteer Week, created in 1974 to recognize the efforts of dedicated community volunteers; and WHEREAS, there is a renewed national spirit of volunteerism and community service as a result of national and global geopolitical events of the past few years; and WHEREAS, more than 100 million volunteers working in their communities already ' contribute their time and talents daily to make a real difference in the lives of others; and WHEREAS, California is a national leader in championing volunteerism and community service; and WHEREAS, Santa Clara County is a regiorA that understands volunteerism and community service helps make our local community a better place to live; and WHEREAS, the Volunteer Center off' Silicon Valley is Santa Clara County's prime resource for connecting volunteers with community needs and promoting volunteer service; and WHEREAS, the Volunteer Center of Silicon Valley serves as the community clearinghouse for connecting the volunteers who feed the hungry, shelter the homeless, care for the sick and dying and serve the arts; and WHEREAS, the Volunteer Center of Silicon Valley sponsors the annual Human Race of Silicon Valley, the community service fundraising event for all the 1480 501 (C) (3) public benefit organizations, public health and human service programs, faith-based activities and schools, promoting volunteer service throughout Santa Clara County; and WHEREAS, the Volunteer Center of Silicon Valley is designated by the U.S. Congress as the Unity in the Spirit of America Initiative (USAI) champion for promoting local community service "living" memorials to the victims of the September l la', 2001 national tragedy; and WHEREAS, the Volunteer Center of Silicon Valley benefits from the strong community volunteer leadership of Ms. Sue Fitzpatrick of Saratoga, Secretary and Mr. Allen Guggenheim of Saratoga, Treasurer, serving as Members of the Board of Directors. NOW, THEREFORE, I, THE MAYOR OF SARATOGA, hereby commend each and every individual volunteer who keep Saratoga's Heart Strong. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 7th day of May 2003. Nick Streit, Mayor Saratoga, California SARATOGA CITY COUNCIL ~ ' ' ~ ~.. MEETING DATE: May 7, 2003 AGENDA ITEM: t ORIGINATING DEP :City Manager CITY MANAGER: ~ ' ' PREPARED B DEPT HEAD: • SUBJECT: City Council Minutes , 'RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City.Council Meeting: Regulas• meeting ~-March 19, 2003 .FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: , N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes March 19, 2003 MINUTES SARATOGA CITY COUNCIL MARCH 19, 2003 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 3:40 p.m. to inteiview applicants for the Planning Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director , Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Daue Anderson, City Manager Employee organization: SMO Conference With Legal Counsel -Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) Conference With Legal Counsel -Threatened Litigation:. Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Tom Sullivan, Community Development Director Jesse Baloca, Administrative Services Director John Livingston, Associate Planner L..J REPORT OF CITX CLERK ON POSTING OF AGENDA FOR MARCH 19, 2p03 Cathleen Boyer, City Clerk, reported that pursuant to Governrrtent Code Section 54954.2, the agenda for the meeting of March 19, 2003. was properly posted on March 14, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Wanda Kownacki, 19280 Bainter Avenue, requested that the City pursue annexation, of the property located at 19418 Redberry Drive. Dan Hoffinan, 19403 Vineyard Lane, requested the City comment or gesture some support for our troops in Iraq. Marcia Manzo, Chair Library Commission/Library Expansion Committee, 20471 Walnut Avenue, referring to the City Council meeting held on March 19, 2003, Chair Manzo stated that no where in Measure N does it allow the Council to control the community room. Anne Cross, 19984 Wellington Court, stated that the community room is well know amongst non-profit groups who need space to hold meetings at a minimal rate. Bill McDonald, President/Friends of the Saratoga Libraries, 15201 Montalvo Road, stated that he worked on the library campaign for four years. Measure N stated that it would maintain the community room. Mr. McDonald stared that if he would have had prior knowledge that the Council wanted to control the community room he would not have worked so hard to get Measure N passed by the voters. Mr. McDonald requested that the Council do not change the current use on the community room. Mary Jean-Fenn, 20102 Chateau Drive, stated that she was present tonight representing hundreds of volunteers from the Measure N campaign. Ms. Fenn shared the process and concerns of the residents during that campaign. Ms. Fenn stated that the volunteers gave their word to the voters that the community room would be maintained as is. Ms. Fenn stated that if the Council wants to control the community room a town hall meeting should take place first to hear what the residents want. Marlene Duffin, 21241 Canyon View Drive, noted that most groups do not have a lot of money to rent meeting facilities. Ms. Duffin stated that the community room is affordable for community groups. Ruth Gipstein, 19762 Charters Avenue, stated that Measure N passed because the community wanted to continue the superb services they receive. Ms. Gipstein stated that it is not the Council's room but the "community's" room. Ms. Gipstein stated that the Council should keep the library polices as is. 2 James M. Givens, 131 Calle Larga, noted that he is an active member pf the Friends of ' , the Saratoga Library. Mr. Givens requested that the Council reconsider their decision on controlling the community room at the library. Mr. Givens stated that the community room should be available for nonprofit groups. Mr. Givens stated that 26 nonprofit groups rent the community room for a nominal fee. ' Felicia Peters Pollock, 13561 Old Tree Way, stated that she has lived here for 43 years. Mrs..Pollock stated that she was disappointed in the Council's proposed changes in the community room's policy. JoAn Lambert, 14030 Elvira Street, stated that many community groups use the community room b3ecause it's close, convenient and affordable. Ms. Lambert urged the Council to keep the current polices. Jean Wenberg, 18951 Easter Place, noted that she is the President of the Log Gatos - SaratogaUniversity Woman's group. Ms. Weinberg noted that that use the community room for their meetings. Ms. Weinberg noted the Group has approximately 300 in which 50% are Saratoga residents. Alan King, 14472 Oak Place, requested that the Council continue to allow the library staff to continue to operate the community room as they have in the past. Marjory Bunyard, 12625 Miller Avenue, noted that she has lived in Saratoga for over 30 years. Ms. Bunyard stated that most of the people who belong to nonprofit groups are retired. Willys Peck, 14275 Saratoga Avenue, stated that he was present tonight on behalf of the Saratoga Historical Society. Mr. Peck stated that the Society used the community room for their membership meetings. Peggy Corr, 19224 Dehavilland Drive, opposes the use of the community room as a meeting place for the City Council and Commissions. Jack Grantham, 12611 Paseo Cerro, requested that the Council reconsider their decision made on March 5, 2003 in regards to the community room. Peggy Patrick, 21205 Canyon View Drive, stated that within the bond language it prohibits the type of use council wants for the community room. Cynthia Chang, 13527 Toni Ann Place, noted that she has lived here for over 20 years. Ms. Chang stated that she currently serves on the Los Gatos Saratoga Joint Union High School Board, is a member of the Friends of the Library, League of Women Voters, and Hakone Gardens. Ms. Chang thanked the Council for serving as City leaders. Ms. Chang suggested that the Council and the Committees hold their at the North Campus. Barbara Mendenthal, 12791 Tdelwood Lane, noted that she opposes any changes to the use of the community room. Barbara Nesbet, 17268 Zena Avenue, Monte Sereno, stated that she is a Councilmember for the City of Monte Sereno and also a member of the Library JPA. Councilmember Nesbet thanked the citizens of Saratoga and the Friends of the Library for supporting • Measure N. Councilmember Nesbet suggested that the Council listen to the people of Saratoga and not change the use policy for the community room at the library. Mayor Streit stated that the law prohibits the Council from taking any action on the community room; but an item maybe on the May 7`h of May 21S` agenda for discussion. WRITTEN COMMUNICATIONS Letter from the Saratoga Business Development Council (SBDC) regarding streetlights and tree lights in the Village. COUNCIL DIRECTION TO STAFF Vice Mayor,Waltonsmith requested that an item be placed on the agenda to discuss options for alternative meetings rooms for the Council land commissions. Councilmember Bogosian noted that he supported Vice Mayor Waltonsmith's request. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -FEBRUARY 5, 2003 STAFF RECOMMENDATION: Approve minutes. WALTONSMITII/KLINE MOVED TO APPROVE COUNCIL MINUTES OF FEBRUARY 5, 2003 AS AMENDED. MOTION PASSED 5-0. 3B. CITY COUNCIL MINUTES -FEBRUARY 11, 2003 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/ KLINE MOVED TO APPROVE COUNCIL MINUTES OF FEBRUARY 19, 2003. MOTION PASSED 4-0-1 WITH KING ABSTAINING. 4 3C. , CITY COUNCIL MINUTES -MARCH 5, 2003 STAFF RECOMMENDATION: " Approve minutes. WALTONSMITH/KLINEMQVED TO APPROVE COUNCIL MINUTES OF MARCH 5, 2003. MOTION PASSED 5-0. 3D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KLINE MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 3E PLANNING ACTION MINUTES -MARCH 12, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KLINEMQVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 3F. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 2000 BOND ACT PER CAPITA BLOCK GRANT RESOLUTION AND ROBERT-Z-BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM BLOCK GRANT RESOLUTION TITLE OF RESOLUTION: 03-017 RESOLUTION OF THE SARATOGA CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE. MURRAY-HAYDEN PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 TITLE OF RESOLUTION: 03-018 RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTIONS .APPROVING THE APPLICATIONS TO APPLY FOR GRANTS THROUGH THE PARK BOND ACT OF 2000. MOTION PASSED 5-0. • PUBLIC HEARINGS ' • 4., , FY 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING STAFF RECOMMENDATION: Conduct public hearing; adopt resolutions; appoint new Councilmember to serve on the Subcommittee to review applications for CDBG Septic Abatement Furids. TITLE OF RESOLUTION: 03-019 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDING FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2003/2004 Lata Vasudevan, presented staff report. Planner Vasudevan explained that the Department of Housing and Urban Development (HUD) makes annual disbursements of Housing and Community Development Act (HCDA) funds for eligible projects and activities. Saratoga and seven other "non-entitlement" cities within Santa Clara County receive federal HCDA funds from the Community Development Block Grant (CDBG) Program. Non-entitlement cities receive funds through a cooperative agreement with the County of Santa Clara, the locally responsible grant recipient. Planner Vasudevan explained that expenditures of these funds is restricted by federal and county regulations. Planner Vasudevan explained that the total. amount available for FY 2003/04 is $172,200, which reflects a 1.6% decrease in funding from the current year allocation. Of that amount, a maximum $35,356 may be spent on public service activities, which is $4271ess than the current year allocation. Additional allocations are %15,000 to cover CDBG program administration, that annual contribution of $29,000 to the County to provide assistant in administration the SHARP Revolving Housing Rehabilitation Loan Program, and $50,000 for American with Disabilities Act (ADA) Improvements at Hakone Gardens. Planner Vasudevan explained that the availability of CDBG funds for eligible projects and activities was publicized in the Saratoga News funding the month of January 2003. One Public Service application and three CDBG capital projects and non-public service proposals were received during the application cycle. Planner Vasudevan explained the following funding recommendations that have been recommended by Councilmember Bogosian and Betty Feldheym: 1. CDBG PUBLIC SERVICE ACTIVITIES SASCC -Adult Day Care Program Requests $36,737, which is 22.55% of estimated annual budget to operate the Adult Day Care Center. The maximum that can be allocated to public service is $35,366. 6 2. CDBG CAPITAL AND NON-PUBLIC SERVICE PROJECTS ' SASCC - is requesting $13,294 to install two automatic doors and monitoring ' system at its entrance to the Adult Care Center. Project Match - is requesting $3'3,000 to cover full cost of lease payments to . the landlord on its group home on Blauer Drive in Saratoga. Rebuilding Together Silicon Valley - is requesting $15,000 to renovate and repair two homes of very low-income property owners in Saratoga. ADA Improvements Project at Hakone Gardens -per the lease agreement with Hakone Foundation, the city will provide $50,000 per year for five years, to update ADA requirements at the park. ' 3. PROGRAM ADMINISTRATION County Rehabilitation Assistance -The City's SHARP Revolving Housing. Rehabilitation Loan Program is administrated by the Santa Clara County Housing and Community Development (HCD) staff. HCD charges $20,000 of CDBG funds per year to administer the SHARP program for the City. Citv Program Administration - $25,000 is set aside for the general program administration costs incurred by the City. 4. SHARP REVOLVING HOUSING REHABILITATION LOAN PROGRAM AND LEAD BASED PAINT ABATEMENT Allocate $5,540 to the SHARP Program for FY 2003/04. Allocate $5,000 to Revolving Housing Rehab 5. REALLOCATION OF PRIOR CDBG FUNDS Transfer $51,418.96 from the ADA Saratoga-Sunnyvale Road Curb Ramp Upgrade Project to the SHARP Revolving Housing Rehabilitation Loan Fund 6. SANITARY SEWER CONNECTION PROJECT Appoint a new Councilmember to serve on the Sub-committee to review applications for septic tank abatement grant requests. Council discussion on the reallocation of funds to the SHARP program from the ADA Saratoga-Sunnyvale Road Curb Ramp Upgrade Project: Mayor Streit opened the public hearing. Joselle Kryder, 12925 Arroyo de Arguello, noted she represented Building Together. Ms. Kryder stated that their mission is to rehabilitate homes of low- incomehomeowners in Santa Clara County. Since 1991 they have repaired 200 homes. Although they application was denied she wanted the to acquaint the Council to their program. Betty Feldheym, 20184 Franklin Avenue, noted that she is on the Citiaen Advisory Committee. Bob Campbell, Executive Director/Project Match, 20281 Blauer Drive, stated that Project Match has been in partnership with the city for 13 years. Mr. Campbell • stated that they provide housing for five very low-income seniors. Councilmember Bogosian stated that he commends Project Match for their work in the community. Councilmember Bogosian slated that lie would serve on the , subcommittee to review applications for CDBG Septic Abatement Funds. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION ,AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDING ~~ FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITX DEVELOPMENT ACT FOR FISCAL YEAR 2003/2004. MOTION PASSED 5-0. Councilmember Bogosian commended Planner Vasudevan on an excellent staff report.. OLD BUSINESS 5. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: • Change Order Activity -Change Order #6 was finalized -aggregate to walkways, substituting style and number of benches, and fashioning and installing water duct extension rings. • Field Paoli - $504 change order for anchor bolt redesign that was approved in February. ' • Gilbane Contract Increase - $12,800 approved by City Council in February • .Special Tests & Insuections -the total has been increased to reflect the miscellaneous services needed in addition to those provided under contract by CEL. • Mailing, Signs -Staff added "plaques" to this category and decreased total budgeted by $3,000 in anticipation that the original amount won't be needed. • Blueprints, CouyinE, Noticing- Staff decreased total budgeted by $2,000 in anticipation that the entire original amount won't be needed. • Construction Temporary Power, Power Costs -The total budget has been increased based on information from Thompson Pacific. • Budget Status - $14,646,600 - (total costs both committed and change requests) • Construction Schedule -change order #7 will include a new substantial completion date of April 15, 2003. WALTONSMITH/KLINE MOVED TO AUTHORIZE STAFF TO AMEND GILBANE'S CONTRACT. MOTION PASSED 5-0. Mayor Streit thanked Assistant City Manager Tinfow for the update. 6. FIVE YEAR CAPITAL IMPROVEMENT PLAN - F.Y. 2002/2003 UPDATE STAFF RECOMMENDATION: Accept Report and provide direction to staff. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained'the CIP process and the many benefits. a comprehensive CIP has on the City. Director Cherbone noted that some projects maybe include but unfounded, awaiting grants and special funding sources not available at the time the CIP development. In other cases Council may wish to • fund design and engineering costs only. for projects likely to be submitted for grant applications. Director Cherbone reported the status of current projects in the adopted 5-year CIP and stated that the adopted CIP contains a total of 46 projects, 33 projects have full or partial firnding and 14 projects do not have funding. The total amount funded in the adopted C1P is $18,292,582. Director Cherbone explained new CIP projects for City Council consideration as follows: • Highway 9 and Saratoga Avenue Right Turn Lane Improvements - $175,000 • Sobey Road/Quito Road Traffic Improvements - $150,000 • Blaney plaza Improvements -Construction Phase - $150,000 • • Historical Park/McWilliams House Improvements - $89,100 • Book-Go-Round - $38,500 • North Campus Improvements - $70,000 • Civic Center Seat Refurbish Project - $40,000 • North Campus ADA Improvements - $80,000 • UPRR Trail Neighborhood Outreach - $25,000 Director Cherbone explained funding options for unfunded and/or new projects as follows: • El Camino Grande/Mote Vista Strom Drain Project -Santa Clara Valley Water District has allowed the City to use a cheaper method of making drainage improvements reducing the cost from $330,000 to $100,000, • Saratoga Avenue Medians at Library -instead of a median modifying the striping configuration would help facilitate traffic flow. This reducing the costs from $150,000 to $0. The striping can be accomplished in the current PMP budget. The amount available for re-appropriation would be $150,000. • Playground Safety (Brookglen, El Ouito, Wildwood) -State Bond Act Funds have become available for these projects. These funds can be used to offset the general fund contribution made to Azule Park. Funding available in the Per Capita program is $284,000. The amount available for re-appropriation would be $284,000. • El Ouito Park Improvements -State Bond Act Funds have become available for this project: Funding available in the RobertOZ'berg Harris ,Urban OpemSpace and Recreation Program is $91,134. However a local non-city match is required in the amount of $13„019. Staff is currently soliciting this match. The amount available for re-appropriation would be , $104,153. Director Cherbone noted that funding associated with the following project modifications were previously re-appropriated by City Council: • Hakone Gardens Drive Way Improvements -reduced funding from $500,00 to $200,00. $50,000 for paving and drain work and maintaiq a , $150,000 reserve for retaining wall improvements. The available amount for re-appropriation was $300,000, which was allocated to the Animal Control Facility. • Village Streetsca~e Improvements (Sidewalk/C&G) -issues with Caltrans have not resolved so the amount that was available for re- appropriationwas $425,000. $410,00 was allocated to the Animal Control Facility Proj ect. • 4`h Street Bridge Replacement -Recent changes in the rating of this bridge removed it from the replacement category and into rehabilitation category. Reduced funding from $1,500,000 to $500,000. The cost to the City based on 80% funding from the Highway Bridge Replacement and Rehabilitation Program (HBRR) was reduced from $300,000 to $100,000. The amount available for re-appropriation was $200,000. These funds were allocated to the General Fund during the mid-year budget process. • WHH Attic Improvements -The City applied fora grant for these improvements but was turned down. The City funded $125,000 of the estimated $250,000 project cost. The amount was available for re- appropriationwas $125,000. These funds were allocated to the General Fund during the mid-year budget process. Mayor Streit asked Director Cherbone if any of the new CIP projects for City Council consideration must be funded tonight. Director Cherbone responded that the Highway 9 and Saratoga Avenue Right Turn Lane Improvements ($175,000) and the Book-Go-Round ($38,500) are the only projects that need funding tonight. In regards to the proposed new CIP projects. Conesus of the City Council to direct staff to: • Highway 9 and Saratoga Avenue Right Turn Lane Improvements - $175,000 (Fund) • Sobey Road/Quito Road Traffic Improvements - $150,000 (leave in CIP unfunded) • Blaney Plaza Improvements -Construction Phase - $150,000 • Historical Park/McWilliams House Improvements - $89,100 (Separate into two projects) • Book-Go-Round - $38,500 (Fund) 10 • North Campus Improvements,- $70,000 (Leave unfunded) • Civic Center Seat Refurbish Project - $40,000 (Leave unfunded) ' North Campus ADA Improvements - $80,000 (Leave unfunded) ' • LiPRR Trail Neighborhood'Outreach - $25,000 (Leave unfunded/hold a public hearing) 8. RESOLUTION OF SUPPORT FROM THE CITY COUNCIL SUPPORTING THE APPLICATION FOR A GRANT BY THE SARATOGA ., HISTORICAL MUSEUM TO PROVIDE FUNDING FOR A CONSULTANT TO PREPARE A LONG RANGE PLAN FOR THE MUSEUM STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-020 RESOLUTION FO THE CITY COUNCIL SUPPORTING THE SARATOGA HISTORICAL MUSEUM GRANT REQUEST John Livingstone, Assistant Planner, presented stiff report. Planner Livingstone explained that at the February 19, 2003 April Halberstadt requested the City CounciLto provide a letter of support to the Saratoga Historical Museum efforts to apply for a grant from the Community Foundation of Silicon , Valley. The grant would be used to hire anon-profit consultant to help develop a long-term Strategic Plan that will include a business and funding plan. Planner Livingstone noted that per the City's Code the Heritage Preservation Commission had to review this request and was placed on their March 11, 2003 agenda. The HPC recommended approval of the request to the City Council with a 7-0 vote. Councilmember Kline asked what the consultant was going to be used for. April Halberstadt, 240 South 13`h Street #1, stated that the consultant would help the Historic Foundation develop a strategic plan for the future. BOGOSIAN/KLINE MOVED TO ADOPT RESOLUTION SUPPORTING THE SARATOGA HISTORICAL MUSEUM GRANT REQUEST. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councihnember Bogosian reported the following information in regards to SVACA: City of Sunnyvale withdrew from the JPA taking awayl/3 of the funding for the shelter and 1/3 of the operating budget. JPA set up a subcommittee to reexamined options available to the JPA for shelter facilities and services. 11 CITY COUNCIL ITEMS Vice Mayor Waltonsmith requested that an item be placed on a future agenda to discuss facilities to hold City Council meetings. ' Consensus of the City Council to support Vice Mayor's Waltonsmith's request. ;OTHER None CITY MANAGER'S REPORT None ' ADJOURNMENT Mayor Streit adjourned the open meeting at 9:30 p.m. in the name of all the men and women in the armed forces and noted that Council would return to Closed Session in the Administrative Conference Room. There be no further business Mayor Streit adjourned the Closed Session meeting at 10:30 p.m: and announced that the claim filed by John Jenkins GL-054463 would be paid. Respectfully submitted, Cathleen Boyer, CMC City Clerk 12 SARATOGA CITY COUNCIL MEE;~ING DATE: May 7, 2003, ~ ~ 11GENDA, ITEM:, _. _ ' ORIGINATING DEPT: Admin-i~strative Services CITY MANAGER: O~/~ PREPARED BY: -- ~ /C~G~' DEPT HEAD• •- SUBJECT: Check Register: 4/17/03 ' RECOMMENDED ACTION(S): ' Approve the Check Register: REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: .None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void 4/17/2003 Checks Checks AP CHECKS A93256-92529 1 GENERAL 343,114.87 968.38 ' ' 100 ~ COPS-SLESF 110 Traffic Safety 150 `Streets & Roads 419;375.47 510.00 160 Transit Dev 170 Hillside Repair 180. ~ LLA Districts 6,995.66. 250 Dev Services .7,486.26 , 260 Environmental 107,116.37 270 Housing & Comm 11,298.25 290 Recreation 13,474.84 291 Teen Services 200.00 292. Facility Ops 471.75 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 21,926.12 351 Public Safety 29,260.01 352 Infrastructure 7,231.07 353 Facility 354 Park and Trail 2,290.03 400 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 18;588.00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 988,828.70 1,478.38 PAYROLL CHECKS: 628966-28993 TOTAL Irrepareo oy: Date: C~~ T~GLc-G~- ~-18-03 --~ 7r I ry U a q w w N yq^ T w aZZF H? q o W a % w N N M m a~paln .oc mm~m o ro 0 om o 0 mo 0 r r o o m M H r r H in M rv o 0 0 o m m o o O o 0 O m b N VI N b V~ b b N m d° N m A T m m m ei ri P? 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Mm a o~z rvm N~~ o .0 0 as >o ~ p a pop m ~~ r o.. o.o .+ fW+IOE~Z>~ Om op om o00 Om rvo om" °o°o Om aaH~wH on omw o~ ono a W U~> i O H O N o N o m o~£ o ff o V o T Y1 o n o w ,~ SARATOGA CITY COUNCIL ' MEETING DATE: May 7, 2003 ~ AGENDA ITEM: ~ ~~ . DEPT: Community Development CITY MANAGER: ~~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, April 23, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of Apri123, 2003 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, Apri123, 2003 - 7:00 p.m. ' PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners Barry, Garakani, Hunter, Nagpal, Schallop, Uhl and Zutshi Absent: Commissioners Barry t~ Schallop Staff: Planner Oosterhous, Director Sullivan and Minutes Clerk Shinn PLEDGE OFALLEGIANCE - ELECTION OF ANEW PLANNING COMMISSION CHAIR AND VICE-CHAIR (Commissioner Hunter elected Chair and Commissioner Zutshi elected Vice-Chair) MINUTES Draft Minutes from Regular Planning Commission. Meeting of April 9, 2003. (Approved 4-1, Hunter Abstain) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items: However, the PlanningCommission may instruct staff accordingly regarding Oral Communications underPlanningCommissiondirection toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on Apri117, 2003. ' 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 o£ the decision, pursuant to Municipal Code 15-90:050 (b). CONSENT CALENDAR APPLICATION #02-039, SARATOGA OAKS HOMEOWNERS ASSOCIATION, Appeal of An Administrative Decision; The Sazatoga Homeowners Association has filed an appeal of an administrative decision made pursuant to Municipal Code Section 15-50.120, Tree Regulations, Violations Penalties. The administrative decision requires $35,439.00 in cash and $17,719.50 in native replacement trees for removing a total of 12 trees without a City issued tree removal pernut. (CHRISTINE OOSTERHOUS) (APPLICANT HAS REQUESTED THAT THIS ITEM BE CONTINUED TO JUNE 25, 2003) (APPROVED TO CONTINUE 5-0) . PUBLIC HEARINGS All interested persons may appeaz and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s). described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. ,• 2. APPLICATION #03-029 (386-10-007) TRIEU, 18480 PROSPECT ROAD; -The applicant requests conditional use permit approval to establish an interneD access center. The proposed center shall include access to personal computers with high speed wired and wireless Internet connections, as well as access to the latest hardware and software systems. The proposed center ' will also accommodate individual and group training on personal computers for various types of professional certifications.. Audio and video conferencing capabilities will also be available at the center: The site is zoned neighborhood commercial. (CHRISTINE OOSTERHOUS) (APPROVED 5-0) ' DIRECTORS ITEM - None COMMISSION ITEMS - None COMMUNICATIONS ' WRITTEN - City Council Minutes from Regular Meetings on Apri12, 2003 • ADJOURNMENT AT 7:34 PM TO THE NEXT MEETING - Wednesday, May 14, 2003, 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 olannins@saratoga.ca.us SARATOGA CITY COUNCIL MEETING DATE: May 7, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: ~ ~ _ CITY MANAGER: ~/~ DEPT HEAD: SUBJECT: ADOPTION OF RESOLUTION DENYING AN APPEAL FILED BY MITCH CUTLER REGARDING A PLANNING COMMISSION DENIAL OF A VARIANCE REQUEST TO ALLOW A 71/2 FOOT TALL WALL TO REMIAN AT 14480 OAK PLACE RECOMMENDED ACTION: Adopt the attached Resolution denying an appeal filed by Mitch Cutler for Variance to allow an existing 71/2-foot tall wall to remain, which was denied by the Planning Commission REPORT SUMMARY: On April 16, 2003 the City Council conducted a public hearing to consider a request of Mitch Cutler that the City Council overturn a Planning Commission denial of a variance to allow the over-Code height of the 190-foot section of the existing property line wall along the north and northeasterly sides of the parcel (adjacent to the DAMES, SMITH AND KING properties). The City Council, following the public hearing denied the requested variance and directed Staff to prepare a Resolution reflecpng their action and to place that Resolution on the. Consent Calendar for the May 7, 2003 City Council meeting. FINDINGS: Required Finding Under Saratoga Citv Code section 15-70.060 (a). That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The City Council finds that there are no special circumstances applicable to the property as to which the strict enforcement of the height limits for walls would deprive the Applicant of privileges enjoyed by owners of other properties in the vicinity and classified in the same zoning district in that none of the following facts constitute special circumstances warranting the approval of a variance: (1). The fact that the CUTLER parcel is a flag lot does not constitute a special circumstance in that there are numerous flag lots throughout the City. (2) The fact that the CUTLER parcel is burdened with an ingress/egress easement does not constitute a special circumstance in 4hat there are numerous parcels ' throughout the City burdened with ingress/egress easements. ~ , (3) The fact that the CUTLER parcel includes, a 12-foot o~'fset in the property line does not deprive the Applicant of privileges enjoyed by owners of other properties. in the vicinity. (4) The fact that the CUTLER parcel is surrounded by 10 other parcels constitutes a special circumstance; however a wall limited .to six feet in height would not, deprive the Applicant of privileges (including privacy) enjoyed by owners of other properties in the vicinity. Required Finding Under Saratoga City Code section 15-70.060 (b). That the granting of the variance will not constitute a grant of special privilege inconsistent with'the limitations on other properties in the vicinity and classified in the same zoning district. The City Council finds that the granting of this Variance would constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. This finding is based on the lack of evidence that there are other fences on other properties in he vicinity that are lawfully greater than six feet imheight. Required Finding Under Saratoga City Code section 15-70.060 (c). That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The City Council finds that the granting of this Variance would be detrimental to the public health, safety and/or welfare, and will be materially injurious to properties or improvements in the vicinity in that the wall height and construction is consistent with an industrial zone district but not a residential zone district. FISCAL IMPACTS: There are no direct fiscal issues related to denying the appeal. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A .ALTERNATIVE ACTION: Modify the findings presented in the Staff Report and Resolution. FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIOCONTACT: N/A ATTACHMENTS: City Council Resolution denying the requested appeal. r, 2 of 2 DRAFT, ; CITY,COUNCTL , CITY OF SARATOGA STATE OF CALIFORNIA RESOLUTION NO. CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF VARIANCE SOUGHT BY MITCHELL AND TRACY CUTLER FOR 190-FOOT WALL AT 14480 OAK PLACE WHEREAS, the City of Saratoga City has received and reviewed an appeal by Mitchell and Tracy Cutler regarding the denial of Variance Application No. 02-0269 for a 190-foot wall exceeding six feet in height at 14480 Oak Place; WHEREAS, Application No. 02-0269 requested approval of a variance from the maximum height limit of 6-feet imposed by City of Saratoga wall regulations to authorize the height of the unlawfully constructed 190-foot section of the existing property line wall along the north and northeasterly sides of the parcel (adjacent to the DAMES, SMITH AND HING properties as shown on the diagram attached hereto as Exhibit A) which reaches heights of 7-feet 6-inches in certain portions to remain as constructed; WHEREAS, said variance Application was denied by the City Planning Commission on February 12, 2003; • WHEREAS, on April 16, 2003, following a duly noticed and conducted de novo Public Hearing at which all interested parties were given a full opportunity to be heard and to present evidence, the City Council considered all testimony and evidence presented including al] materials prepared by City staff, the applicant and other interested parties and rendered its decision on the variance sought by Application No. 02-0269; and WHEREAS, the City Council hereby adopts the following findings. and final decision on Variance Application No. 02-0269. Now, THEREFORE, the City Council of the City of Saratoga does hereby resolve that after. careful consideration of Variance Application No. 02-0269. regarding City height restrictions for walls, as well as additional presentations made to it by City Staff and other interested persons, the City Council makes the following findings and renders the following decision with respect to Variance Application No. 02-0269. CITY OF SARATOGA CITY COUNCIL RESOLUTION CUTLER VARIANCE APPLICATION Page 1 of 5 FINDINGS • Required Finding Under Saratoga Citv Code section 15-70.060 (al. That because of special circumstances applicable to the' property, including size, shape, topography, location or surroundings, strict enforcement of the speciSed regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The City Council finds that there are no special circumstances applicable to the property as to which the strict enforcement of the height limits for walls would deprive the Applicant of privileges enjoyed by owners of other properties in the vicinity and classified in the same zoning district in that none of the. following facts constitute special circumstances warranting the approval of a variance: (1) The fact that the CUTLER parcel is a flag lot does not constitute a special circumstance in that there are numerous flag lots throughout the City. (2) The fact that the CUTLER parcel is burdened with an ingress/egress easement does not constitute a special circumstance in that there are numerous parcels throughout the City burdened with ingress/egress easements. (3) The fact that the CUTLER parcel includes a 12-foot offset in the property line does not deprive the Applicant of privileges enjoyed by owners of other properties in the vicinity. (4) The fact that the CUTLER parcel is surrounded. by 10 other parcels constitutes a special circumstance; however a wall limited to six feet in height would not deprive the Applicant of privileges (inc]uding privacy) enjoyed by owners of other properties in the vicinity. R~uired FindinE Under Saratoga City Code section 15-70.060 (b). That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The City Council finds that the granting of this Variance would constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. This finding is based on the lack of evidence that there are other fences on other properties in the vicinity that have been permitted to be constructed in violation of the applicable codes. CITY OF SARATOGA CITY COUNCIL RESOLUTION CUTLER VARIANCE APPLICATION Page 2 of 5 Reauired Finding Under Saratoga City Code section 15-70.060 (c). That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The City Council finds that the granting of this Variance would be detrimental to the public health, safety and/or welfare, and 'will be materially injurious to properties or improvements in the vicinity in that the wall height and bulk is consistent with an industrial area but not a residential zone district. DECISION The Planning Commission decision is affirmed and Variance Application No. 02- 0269 is denied by the City Council. PASSED ANA ADOPTED by the City of Saratoga City Council; State of California, this 7`h Day of May, 2003 by the following roll call vote: YES: NOES: ABSENT: ABSTAIN: l Mayor, City of Saratoga (date) ATTEST: City Clerk, City of Saratoga (date) CITY OF SARATOGA CITY COUNCIL RESOLUTION CUTLER VARIANCE APPLICATION Page 3 of 5 , / NOTICE TO APPELLANT: YOUR ,APPEAL HAS BEEN DENIED. IF YOU INTEND TO SEEK JUDICIAL REVIEW OF THIS DECISION, THE DEADLINE TO DO SO IS GOVERNED BY CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6.. ANY SUCH PETITION SHALL BE FILED NOT LATER THAN THE 90TH DAY FOLLOWING THE DATE ON WHICH THE DECISION BECOMES FINAL. THIS DECISION IS FINAL ON MAY 7TH, 2003 AND THIS NOTICE WAS SERVED ON MAY 8, 2003 BY: (1) MAILING BY FIRST-CLASS MAIL, POSTAGE PREPAID, INCLUDING A COPY OF THE AFFIDAVIT OR CERTIFICATE OF MAILING TO APPELLANT. CITY OF SARATOGA CITY COUNCIL RESOLUTION CUTLER VARIANCE APPLICATION Page 4 of 5 PROOF OF SERVICE I certify and declare as follows: I am over the age of 18, and not a party to this action. My business address is City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the service described below took place. I am familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On May 8, 2003, the following document(s): 1. RESOLUTION CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF VARIANCE SOUGHT BY MITCHELL AND TRACY CUTLER FOR 190-FOOT WALL AT 14480 OAK PLACE was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully paid to: Mitchell and Tracy Cutler 14480 Oak Place Saratoga, CA 95070 William F. Breck 20375 Saratoga-Los Gatos Road Saratoga, CA 95070 Frank, Letha & Pat Matas 20385 Saratoga-Los Gatos Road Saratoga, CA 95070 Holly Davies 14478 Oak Place Saratoga, CA 95070 The Kings 14472 Oak Place Saratoga, CA 95070 I certify and declare under penalty of perjury that the forgoing is true and correct. Dated: May 8, 2003 Kristin Borel, City Community Development Department CITY OF SARATOGA CITY COUNCIL RESOLUTION CUTLER VARIANCE APPLICATION Page 5 of 5 •~ SARATOGA CITY COUNCIL 1VfEETING DATE: May 7, 2003 AGENDA ITEM: ORIGINATING DEPT: Public Works - CITY MANAGER: ~//,.G~~ PREPARED BY: '~u~ (~U-P.cl~ DEPT HEAD: ~kE;'w~C C- (~r~G, SUBJECT: Contract Renewals for Municipal Traffic Engineering and Street Sweeping RECOMMENDED ACTION(S): 1. Approve aone-year contract renewal with Fehr & Peers Associates, Inc. for on-call Traffic Engineering Services and authorize City Manager to execute the same. 2. Approve aone-year contract renewal with Los Altos Garbage Company for Street Sweeping Services and authorize the City Manager to execute the same. REPORT SUMMARY: Attached are two proposals for contract renewals for on-call Traffic Engineering Services and Street Sweeping Services from Fehr & Peers Associates, Ina and Los Altos Garbage Company, respectively. In addition, the current contracts are attached for your information. Fehr & Peers: Fehr & Peers has been working for the City for over a year and they have performed their services well. They have thorough knowledge of the traffic conditions in Saratoga and a strong ability to work with the public. Sohrab Rashid, the lead consultant to the City, has done an excellent job working with the Public Safety Commission and with staff on various traffic issues. Attached to their proposal is an updated rate. schedule. Sorhab has been promoted to office manager and his rate has increased by $15/hr from $150/hr to $165/hr. The City has received a discount of $10/hr for Sorhab's services, which will continue at the new rate of $1S5/hr. It is therefore recommended that Council approve an extension to the existing contract with Fehr & Peers Associates, Inc. for on-call Traffic Engineering Services and authorize the City Manager to execute the same. Los Altos Gazba' eg Company: .Over tf~~e past year Los Altos Gazbage Company has swept the City's streets. Staffhas been vary ~. pleased with their performance and has noticed a marked improvement over the City's last contractor performing the sarne work. Los Altos Gazbage' Company has agreed to hold their ' ~ , current cost for their services for an additional year. It is therefore recommended that Council approve an extension to the existing contract with Los , Altos Garbage Company for Street Sweeping Services and authorize the City Manager to execute the same. , FISCAL IMPACTS: Funding for both contracts is included in the adopted budget as well as in the proposed F.Y. 03/04 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contracts would not be extended. ALTERNATIVE ACTION(S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION(S): The contract extensions will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Proposals for contract extensions. 2. Existing contracts. ~~ 2of2 ~~ FbHR. & PEERS TRA NS RORTATION CONSULTANTS Apri1~0, 2003 Mr. John Cherbone City of Saratoga Public Works Director ., 13777 Fruitvale Avenue Saratoga, California 95070 Re: Renewal of Contract for Traffic Engineering Consultant Services 7015-446 Dear Mr. Cherbone: Fehr & Peers Associates, Inc. is pleased to have served as the City's Traffic Engineer over the past 14 months. Our staff has enjoyed working with you and your staff, as well as staff from the City Manager's office and the Planning Department. We have established an excellent working relationship with the Public Safety Commission, and I believe that the Planning Commission and City Counci] members respect our technical expertise and communication skills. Our current contract is up for renewa]'and we need to adjust the hourly billing rates for our staff members. For your information, I have attached a copy of our standard hourly rates (Attachment A). My current standard rate is $16S per hour which increased from. last year based on an annual increase and my promotion to manager of the firm's San Jose office. Consistent with our agreement from the original contract, we are pleased to offer the City my services at a discounted rate of $10 per hour less than my standard rate, or $155 per hour. We have been very efficient and productive on each of the tasks assigned to us by City staff, and we are excited to continue working for the City of Saratoga. Thank you for your support and for providing a friendly work environment.. Please let me know if you have any questions or need additional information to prepare the contract renewal. Sincerely, FEHR & PEERS ASSOCIATES, INC. D. Sohrab Rashid, P.E. Senior Associate 255 N. Market Street, Suite 200 San Jose, CA 95]10 (408) 278-]700 Fax (408) 278-1717 www.fehrandpeers.corn '' FEH.R & PEARS TRANSPORTATION CONSULTANTS FEHR & PEERS ASSOCIATES, INC. Hourly Billing Rates Classification Senior Principal Principal Senior Associate Associate Senior Engineer/Planner Engineer/Planner Senior Technical Support Administrative Support Technician Intern Hourly Rate $180.00 ~ $195.00 $135.00 - $195.00 $130.00 - $170.00 $122.00 - $160.00 $90.00 - $145.00 $75.00 - $115.00 $75.00 - $105.00 $45.00 - $80.00 $52.00 - $85.00 $50.00 - $70.00 Note: Reimbursable expenses are invoiced at cost plus 10% for handling including the following: Reproduction work at $.07 per sheet Plotter /Computer use at $10 per hour Persona] auto mileage at $.365 per mile Communication Expense (Telephone, fax, E-mail, etc.) ,~ People • Service • Environment LOS ALTOS GARBAGE COMPANY April 1, 2003 Mr. John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Ave. Saratega, Califemia 95070 Dear Mr. Cherbone: As you know, it is time to renew our contract for street sweeping services. It has been a pleasure serving you and the City of Saratoga this past year, and I would like you to know that this contract is a matter of great importance to us. It is with great pleasure that I am able to offer the City of Saratoga an additional year of street sweeping services without an increase in our service rates. Los Altos Garbage, Co., dba. Stevens Creek Disposal & Recycling would like to extend our street sweeping contract for another year at our current contracted rate. Again, I thank you for the opportunity to serve the City of Saratoga and I look forward to our continued relationship. If you have any questions, or require any additional information, please do not hesitate to call me at 408-588-7223. Sir} ely, (' ~ >/~ P ela J Read Assistant General Manager Los Altos Garbage Co. Cc: Rick Tones Street Maintenance Supervisor • A NORCAL WASTE SYSTEtJiS COIJPAIdY 650!JiARTI~ AVENUE = SP,NTA CLARA. CA °5050 408/588-1298 ° FAX 408/588-1102 F,n Employee-0mned ComY¢ny .. . CITY OF SARATOGA "' STANDARD INDEPENDENT CONTRACTOR AGREEMENT ~, THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Fehr 8v Peers Associates, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product. on the, terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and. conditions set forth in this Agreement, Contractor shall provide to City the -work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on January 2, 2002, and extends through January, 2003, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work .product produced • pursuant to this Agreement at the time and in the manner set forth in City of Sazatoga/Standazd Contract Agreement Page 1 of 19 My Documents/Contracts 03/15/01 .. Eathibit'B ("Payment"). The payments specified in exhibit B shall be the only ~~ payments to be made to Contractor in connection with Contractor's' completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary ' procedures and practices which Contractor uses for billing clients similar to City. 4: FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the. event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXI3IBITS All exhibits referred to in this Agreement aze attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by John Cherbone, Public Works Director, ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning. this Agreement. All correspondence and other communications shall. be directed to or through the. Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice. of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set City of Sazatoga/Standazd Contract Agreement Page 2 of 19 My Documents/Contracts 03/15/01 forth above; .nor shall -lack of -such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party ' Hereto, by giving ten'(10) 'days written notice to the other,.,, may designate any other address as substitution of the address to which the notice oil communication shall be given. Notices or communications shall be given to the Parties at the addresses set 'forth below until specified otherwise. in ' writing: Notices to Contractor shall be sent to: 25"S Iv . I/to,-k< 1' S-)' • ~5u <fe Zcx% Notices to,`\City shall b1e~ sent to: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT .This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises. or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. City of Sazatoga/Standazd Contract Agreement Page 3 of 19 My Documents/Contracts 03/15/01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ~ ~ bate: / 5t 2~Z Print Name: 7. S~ ~ r~ 6 i~s/i~/~-+ ~ /, ~ ' ~POSltlori: ~ev.~~o~ YPSs~c,t~.-fe.,~OtTice- ~°i~O~P"~ CITY OF SARATOG~A,~a/~municipal corporation By: ~~L/-'~-~"'_'_ Date: T...r-t / r~ 2 ""' ~ Name: ~t ••~-- '¢'-.P.err°`"`' Title: ~~~ %r'.~Y.~r ~.~,.-~ APPROVED AS TO FORM: PU' Z By. .~-----" ., _ ~ ~'' Date: ~y-^!.. J, Z City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: C `mil ~J ~o a d~~tive .Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Sazatoga/Standard Contract Agreement Page 4 of 19 My Documents/Contracts 03/]5/O] .' EXHIBIT A ~ ~ ' SCOPE OF WORK Contractor shall complete the attached.Scope of Work. , City of Sazatoga/Standazd Contract Agreement Page 5 of 19 My Documents/Convacts 03/15/07 Exhibit A -Scope of Work CONSULTANT TASKS On request of the Public Works Director, the Traffic Engineer will perform traffic engineering services on behalf of the City to include but not limited to: Neiehborhood Traffic Management • Attend neighborhood workshops and public meetings to gather input and explain issues regarding traffic calming. • Work with residents to complete an initial field review and define the study area of traffic calming issue. , • Organize and facilitate the traffic calming plan development process. • Design or obtain designs of traffic calming devices to be implemented or installed. • Collect data and evaluate the effectiveness of traffic calming devices. • Prioritize deployments and maintain an adopted annual budget for traffic calming. • Periodically update the NTMP as needed. General Traffic Engineering • Receive requests from City staff, residents, and Public Safety Commission. • Investigate and report on traffic related issues and problems referred by staff and Public Safety Commission. • Perform traffic and transportation related studies and prepare reports with findings and recommendations on matters referred for investigation. • Attend meetings with City staff, advisory commissions and City Council to present reports as needed or when requested. • Prepare letters, memos, correspondences in response to inquires referred for investigation. • Assist in the review of land development applications; prepare and/or review Traffic Impact Analysis performed in connection with these applications; generate conditions of project approvals for consideration by the Planning Commission/City Council • Coordinate and perform activities in connection with the Traffic LOS Monitoring requirements of the Congestion Management Program Annual Monitoring and Conformance reports. • Compile and maintain data and statistics for the City and file updated information with appropriate agencies as necessary. • Assist with Speed Zone Survey as necessary. • Follow up on traffic related work orders. Page 2 ~, EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor for time. and materials per the attached fee schedule date, effective 01/26/02 forwork•to be performed and reimbursable costs incurred pursuant to this Agreement. • 2. INVOICES Contractor shall submit invoices, not more often than once a morith during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. City of Saratoga/Standazd Contract Agreement Page 6 of My Documents/Contracts 03/15/01 ~I i 1 .. • ~... kL PEHRSY PEERS ASSOCIATES INC. . ~ Transportation Consultants FEHR & PEERS ASSOCIATES, INC. FY 2002 Hourly Billing Rates -~J Classification Senior Principal Principal Senior Associate Associate Senior Engineer/Plariner Engineer/Planner Senior Technical Support Administrative Support Technician Intern $175.00 $135.00 $135.00 $120.00 $80.00 $75.00 $65.00 $45.00 $50.00 $45.00 Hourly Rate. - $185.00 - $175.00 -$170.00 (S Rashid $140) -$145.00 (S. DeBorde $135) - $130.00 - $100.00 - $95:00 - $78.00 - $85.00 - $60.00 Note: Reimbursable expenses are invoiced at cost plus 10% for handling including the following: Reproduction work at $.07 per sheet Plotter /Computer use at $10 per hour Personal auto mileage at $.365 per mile Communication Expense (Telephone, fax, E-mail, etc.) effective 1/26/02 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's, use while, consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City'. In no event shall City be obligated to furnish any facility which may involve ' incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose .other than in the performance of Contractor's obligations under this Agreement. City of Saratoga/Standazd Contract Ageement Page 7 of 19 My Documents/Contracts 03/15/0] ~. • EXHIBIT D GENERAL PROVISIONS ' 1. INDEPENDENT CONTRACTOR At all times during the term of `~ this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. ' Likewise, no relationship of employer and employee is created by this Agreement between. the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. r~ U 2. STANDARD OF PERFORMANCE, Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a .competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an .agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to . any obligation whatsoever. City of Sazatoga/Standazd Contract Agreement My Documents/Contracts 03/15/01 ~• • 5. BENEFITS AND TAXES Contractor' shall not. have any claim under this ~ Agreement or otherwise against City for seniority, vacation time, • vacation pay, sick leave, personal .time off, .overtime, health insurance, medical care, hospital care, insurance benefits,, social security, disaliility, unemployment, workers compensation or employee benefits of any ;kind. Contractor shall be 'solely liable .for and obligated to .pay directly all ' applicable taxes, including, but not. limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City .may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. . 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion,.. at any time during the term , of this Agreement, desires the removal of any such persons, Contractor shall,. immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure,. that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required. by the Immigration Reform and Control Act of 1986. Failure to provide .the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant .facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. City of Saratoga/Standazd Contract Agreement Page 9 of 19 My Documents/Contracts 03/]5/01 ~, . i 1 • .. b: Subsequent Conflict of Interest. Contractor agrees that if an 1 actual or potential conflict.'of interest on the; part of Contractor is : , discovered after award, the. Contractor will make a full disclosure in writing to the City. This disclosure $hatl include a description of actions, which the Contractor has taken or proposes to take, ' after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 4$ days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the ' `~ conflict of interest to the satisfaction of the City. c. Interests of City Officers .and Staff. , No officer, member or employee of City and no member of the City. Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates,. recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor. shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and -shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, .municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but .not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b, Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the. term hereof a valid City of Saratoga Business License. c. Finding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations ' to which City is bound by the terms of such fiscal assistance program. City of Sazatoga/Standazd Contract Agreement Page 10 of 19 My Documents/Contracts 03/15/0] ~ s d. Drug-free Workplace. Contractor and Contractor's employees and ~ ', subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's , employees and subcontractors , shall .unlawfully manufacture, ; distribute, dispense, possess or use controlled substances, as • defined in 23 U,S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite, ~, used • in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo conteridere , to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS . a. Property of City. All reports, data, maps, models, charts, . studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. City agrees to assume the full liability arising out of the City's improper use of any information provided by Contractor. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and -such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. City of Sazatoga/Standazd Contract Agreement Page 11 of 19 My Documents/Contracts 03/15/01 ,~ n s d.' Professional. Seal, Where applicable in~the determination of,the contract administrator, the first page of , a technical report, first ' , page of design specifications, and each .page of construction drawings shall be stamped/sealed and ~ signed by the licensed professional responsible for the .report/design prepazation. ~ The stamp/seal shall be in a. block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per• , the sample below. Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement; or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's' past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTORContractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the .performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13, INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall be fully protected from any loss, injury, damage, claim, lawsuit; cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of City of Sazatoga/Standard Contract Agreement My Documents/Contracts 03/15/01 s Contractor to indemnify and protect City as set forth below. ,I; a. Indemnity. Contractor shall defend,.indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, ~. suits, actions, arbitration proceedings,, administrative proceedings, regulatory proceedings, losses, expenses or costs arising out of thc. performance of this Agreement. All obligations under ~ this provision are to be paid by Contractor as they are incurred by the City. ' Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section; Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or, any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance .with 'these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors,. assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the -Civil Code the. parties hereto recognize and -agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or .subcontractors from liability under this paragraph. City of Sazatoga/Standard Contract Agreement Page 13 of 19 My Documents/Contracts 03/15/07 14. INSURANCE REQUIREMENTS Contractor shall procure and ~. maintain fob the duration of the contract insurance as set forth in Exhibit E. ' , The~cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event •~ of default hereunder: , L .Failure to perform any obligation under this Agreement ~arid failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or , 2. Failure to perform any obligation' under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall , have the right to immediately suspend or terminate the Agreement, seek specific performance; or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute City of Sazatoga/Standazd Contract Agreement Page 14 of 19 My Documents/Contracts 03/15/01 r resolution, litigation, and jurisdiction ,and severability shall survive termination of this Agreement. , r,~ 1,7.' DISPUTE RESOLUTION. The parties. shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claime, they shall submit them to non,-binding mediation in' California at shared' expense of the ,parties for at least 8' hours of mediation. Tf mediation does not arrive , at a satisfactory ~ i•esult,~ arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. ~ ' 18. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue .shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect, 19. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a .new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request. or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 20. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. City of Sazatoga/Standard Contract Agreement Page 15 of 19 My Documents/Contracts 03/15/01 u EXHIBIT E ' INSURANCE Please refer to the insurance requirements listed' below. Those that have an "X" indicated in the space before the. requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/,agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all .required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage _ $ -per occurrence bodily injury/$ per occurrence property damage _ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as :indicated: ' X $1,000,000 combined single limit for bodily injury and property damage City of Sazatoga/Standazd Contract Agreement Page 16 of 19 My Documents/Contracts 03/15/01 • s , , $ ,per persori/$ ~ ~ per accident for bodily, injury $ per occurrence for property damage . ' $ 500,000 combined single limit for bodily injury and property damage ~ , - Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the. contractor, • regardless of where the'vehicles are kept or driven. ' X Professional/Errors and Omissions Liability with coverage as indicated: x $1,000,000 per loss/ .$2,000,000 aggregate , ____ $5,000,000 per loss/ $5,000,000 aggregate ' Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years. after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of exi§ting coverage or purchase of either prior acts or tail coverage applicable to said three year period. , X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the. provisions of Section 3700 of the Labor Code ,which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance .with the provisions of that code, and I will. comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of 'cancellation, (10 days notice for non-payment of premium). NOTE: the I~ J • City of Saratoga/Standazd Contract Agreement Page 17 of 19 My Documents/Contracts 03/]5/01 ,. following words must be crossed out or deleted from the standard cancellation clause: "...endeavor to ..." AND "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or zepresentadves." ' _ Ali subcontractors used must comply with the above requirements ' except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1, Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. City of Saratoga/Standazd Contract Agreement Page 18 of 19 My Documents/Contracts 03/15/01 . ~ ~ ~ ' ,, ~ 1 3. Coverage shall not be suspended, voided, canceled by eithet ' party, reduced in coverage or in .limits except after thirty (30) days'. prior written notice by certified mail, return receipt.' requested, has been given to the City. ~ ' d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII • City of Sazatoga/Standard Contract Agreement Page 19 of 19 My Documents/Contracts 03/15/01 ,~ FY 2002-03 CI7']'WTDE STREET SWEEP]NG CONTRACT CITY OF SARATOGA This Contract is made at Sazatoga, California, as of July 1, 2002, by and between the CTfY OF ' SARATOGA, a municipal corporation ("Cit}~'), and Los Altos Gazbage Company,("Contractor"), who agree as Follows: , I. Scope of Service. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. Payment. City shall pay Contractor for services rendered pursuant to this Contract at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Contract. Contractor shall submit alYbillings for said services to City in the manner specified in Exhibit B. 3. Facilities and Equipment. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, famish all facilities and equipment which maybe required for furnishing services pursuant to this Contract. City shall furnish to Contractor only the facilities listed as City Obligations in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. General Provisions. The general provisions set forth in Exhibit D aze part ofthis Contract. In the event of any inconsistency between said genera] provisions and any other terms or conditions of this Contract, the other term ar condition shat( control insofaz as it is inconsistent with the genera] provisions. 5. Contract Renewal. This contract maybe renewed as set forth in Exhibit E. 6. Standard of Performance. The performance standards set forth in Exhibit F shall be achieved. 7. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 8. Termination. City has the right to terminate this Contract at any time upon written notice given to the Contractor. The effective date of the termination shall be set forth in the written notice. 9. Notices. Any written notices to Contractor shall be sent to: Attention: General Managet Los Altds Garbage Company 650 Martin Avenue Santa Clara, Ca 95050 Telefax: (408-969-0340) Page I of 17 n ' Any written notices to City shall lie sent to: ' To the City: City Clerk ' City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca 95070 • FAX (408) 867-8559 with a copy to: Rick Torres (which copy shall Street Maintenance Supervisor , not constitirte City of Saratoga notice) 13777 Fruitvale Avenue Saratoga, CA 95070 FAX (408) 868-1278 10. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by Rick Tones ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and. other wmmunications shall be directed to or through the Administrator or his or her designee. Executed as of the day fast above stated: Contractor CITY OF SARATOGA, a municipal corporation BY ~ 2 r ~ z, BY C a Name /J)~l ~a~v~S Atte ~ - /y Ci Clerk Its U~ /'%p / ~+/Y -sf57~ Approved as to form: ~~ - ____- -c-,-____ ~l z~-~ City Attorney , Approved as to budget auth rity and insurance: finance Director Page 2 of 17 • ,~ Eahibit A Scope of Services Definitions and General Information 1. This contract is for professional street sweeping service for a period beginning July 1, 2002 and ending June 3Q 2003. 2. The contractor shalt meet or exceed all minimum requirements ofthis contract: 3. The City has approximately 65 arterial curb miles of roadway to be swept. The city has approximately 210 residential curb miles of roadway to be swept.. The City has pazking lot areas to be swept including 4 Village Parking Districts, Hakone Gardens, Congress Springs Park, and Civic Center. In addition, the City may have seasonal leaf drop street sweeping and other unscheduled street sweeping needs. 4. The term "debris" shall mean al] materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, and other litter and materials. 5. The term "street" shall mean the paved area between the normal curb line of a roadway whether an actual curb line exists or not. It shall not include any ways thatwould cause damage to the equipment used. It does not include sidewalks, areas adjacent to the roadway or pazking lots. 6, The term "parking lot" shall mean the paved area where cars park. 7. "Adverse weather conditions" shall mean heavy rains, extreme cold and other weather conditions as so designated by the Director of Public Works. 8. "Holidays" shall be New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. Scope of Work 1. The Contractor will sweep designated streets and parking lots currently owned and maintained by the City. 2. The Contractor will sweep the following: • Sweep weekly arterial streets totaling approximately 65 curb miles. • Sweep monthly citywide. residential streets totaling approximately 210 curb miles. • Sweep weekly 4 Village Parking District parking lots. • Sweep monthly Civic Center parking lots. • Sweep monthly the Hakone Gardens parking lot. • Sweep monthly parking ]oi adjacent to Congress Springs Park. • Perform other sweeping as requested. Page 3 of 17 1 3. Sweeping will be performed between the hows of 6 A.M. and•5 P.M.; Monday through ~ 1 Friday. Sweeping may occur outside ot; these hows only when the City determines that a noise problem would not result, and only upon written approval of the City. ' ; 4. The convactor will supply and maintain all labor and equipment necessary to accomplish • the scope of work. 5. The Contractor will dump all materials swept up at ]9700 Allendale, or locations. designated by the City. 6. The Contractor maybe required to sweep certain areas at times other than stated above. When this occurs, contractor shall be compensated at an hourly rate as referred to in Exhibit B. 7. All streets shall be swept with the norms] flow of traffic. 8. The Contractor will distribute public information notices about the street sweeping program annually at no additional cos[ to the City. The cost of distributing other public information such as reminder tags and/or newspaper advertisements shall be negotiated. (Annual notice, and maintenance ofweb site) 9. Contractor shall maintain a principal office that shall at all times during the term of this Contract be located either in the City or within twenty (20) miles of the City. The office shall be opened at a minimum from SA.M. to 4:30P.M. Monday through Friday, holidays excluded. Calls receivedbefore office hours begin shall be returned the following morning. A representative of Contractor shall be available during office hours az Contractor's office for communication with City representatives and the public. ]0. Contractor's principal office shall be accessible by a local (toll-free to caller) telephone number at least during the office hours of 8 A.M. to 4:30 P.M. At Contractor's expense, the telephone number shall be listed under Contractor's name in the telephone directories for Saratoga issued by Pacific Bell and GTE. 11. All public complaints concerning street sweeping shall be investigated by the Contracfor. Complaints brought to the Contractor's attemion prior to 3:00 P.M. shall be investigated that day. Those brought to the Contractor's attention after 3:00 P.M. shall be investigated before noon of the following day. A complaint log shall be filled out for each complaint referred to or received by the Contractor. The log, which must be approved by the City, shall be filed with the City on the first working day following the day the complaint was received. The Contractor shall report what actions were necessary to resolve each complaint. 12. Documentation (hardcopy) in a narrative and a graphic format prescribed by the City of all work will be provided by Contractor on a monthly and annual basis. 13. Equipment, when in operation, shall travel under 5 miles per hour to ensure thaz streets are swept in a satisfactory manner. If it can be proven to the satisfaction of the Director of Public Worksthat the equipment maybe operated at a higher speed, and still operate effectively, written permission to do so may be granted. 14. Equipment operators shall be able to speak, read, and write in English. Page 4 of 17 ~. 15. The Convador must submit sweeping dodumentation in s format prescribed by the City on a monthly and annual basis. ' ' 16. The Convador shall maintain the ageed upon frequency of sweeping as closely as possible, subject to adverse weather conditions, defined under the terms of this Contract. " The Contractor will be required to perform hand blowing in pazking lots as directed by the City. In addition, the City may require the Contractor to return to sweep areas previously blocked by pazked vehicles or other obstructions. If so required, Comrador shall perform the re-sweeping within 24 hours of notification. 17. Contractor shall propose sepazate schedules for arterial and residential sweeping. The City shall approve both schedules before work under the, cAmrad begins. Changes to the approved schedules must be approved in writing by the piredor of Public Works before Contractor can proceed to implement such changes. ' Page 5 of ]7 ~. ' , ExhibitB Payment Schedule 1. As full compensation under the terms of,this Contract, the City shall pay the Contractor the following: ' Unit Price Description of Service $13.45*per Weekly sweeping of approximately 65 curb mile of arterial streets curb mile $] 3.45*per Monthly sweeping of approximately 210 curb mile of residential streets curb mile $125.00 Weekly sweeping of 4 Village Pazking District Packing Lots $35.00 Monthly sweeping of Hakone'Gazdens Parking Lot $35.00 Monthly sweeping of Parking Lot at Congers Springs Pazk $35.00 Monthly sweeping of Civic Center Pazking Lots $60 per hour Unscheduled Sweeps $60 per hour Seasonal Leaf Drops Included at no Momhly and Annual Documentation of Street Sweeping. cost to City Included at no Public Information to be mailed annually and maintain web site cost to City Included at no Performance Bond cost to City Contractor shall submit invoices, not more often than once a month during the term of the Contract, based on the cost for services performed prior to the invoice date. 2. City shall make monthly payments, based on such invoices, For services satisfactorily performed. City shall make no payment for any extra, further or additional service pursuant to this Contract unless such extra service and the price therefore is agreed to by the Director of Public Works prior to the time such extra service is rendered. 3. Send invoices toi City of Sazatoga Department of Public Works 13777 Fmitvale Avenue Saratoga, CA 95070 Page 6 of 17 • i ,r * In the event a change in the number of curb miles to be swept increases or decreases by more than twenty-five percent (25%) during the term of this contract, either party may request an adjustment to the unit price. Both parties shall meet to determine the appropriate . adjustments. Page 7 of 17 ,, ~ ~ ~ ~ ~ ~ ~ ~i 'Exhibit C "' Facilities grid Equipment Equipment Specifications 1. The Contractor shall have proof of ownership, or a signed lease for the duration of the Contract, of at ]east one (1) motorized machine suitable for meeting the requirements of this Comract. A description of the machine shall be submitted to the City before work under the contract can begin. Where new equipment will be purchased, the Contractor shall provide a signed quotation from an equipmentdealer, with guazanteed delivery date,. in brder to ensure that work can begin on'time. Equipment that is not new shall have been rebuilt within two yeazs prior to the start of work., For the purposes of this Contract, "rebuilt" means; at a minimum, replacement of worn parts and reconditioning or replacement of hydraulic systems, transmissions, differentials, electrical systems, engines, and brake systems. In addition, the vehicles must be repainted and tires must have at least eighty-five percent (85%) of tread remaining. 2: The Contractor shall, at all times, maintain the ability to place at least one (1) back-up machine into service in the event of any mechanical failure ofihe primary machine which renders it incapable of operating or performing to the standazds of this contract, or at the direction of the City. In either case, the back-up machine shall be operational within two (2) hours from when the primary machine experiences mechanical failure, or from when the City directs the Contractor to place the back-up machine into service. Satisfactory evidence of the availability of a back-up machine shall be provided by the Contractor The back-up machine shall conform to all of the standards and specifications applicable to the primary machine. 3. All street sweeping machines used by Contractor in the performance of services shall be of sufficiem quality to perform the work required. 4. Machines must be capable of transporting debris to locations designated by the City. 5. Machines must be equipped with an efficient water spray system for dust control, and the .spray system must be maintained in good operating condition. 6. Machines must be properly registered and insured in accordance with the motor vehicle laws ofthe State of California. 7. Contractor shall maintain street-sweeping equipment in a clean and presentable condition and in good repair at all times. All parts and systems of the collection equipment shall operate properly'and be maintained in a condition satisfactory fo the City. If a machine becomes inoperazive, a replacement street sweeping machine shall be put into service 'within 2 hours. City of Sazatoga identification shall be affixed to right and ]eft side of vehicle i.e.: "Sweeping 5azatoga" or other name agreed upon by Contractor and the Director of the Department of Public W orks. 8. A sufficient supply of spaze brooms or vacuum and other parts must be kept on hand to ensure the timely and continuous fulfillment of the services Page 8 of 17 ,~ Q. Equipment must be capable of removing litter, leaves, and debris sufficiently to meet applicable industry, NPDES Program, State, Federal, and City standazds. 1t7. Equipmentmust conform to all Federal, State, and Local regulations regarding emissions, safety, and operating standazds. 1 ]. Vehicles must be of the regenerative air type and equipped with dual gutter brooms and main broom capable of sweeping at a minimum of a nine-foot path. City's Obligations 1. The city will provide and maintain adequate disposal site(s) for dumping debris picked up by the Contractor. 2. The City will provide routine safety efficiency checks. ' Contractor's Obligations I. The Contractor will be responsible for securing adequate hydrant access throughout the City for filling water spray systems. In addition, the Contractor will be responsible for securing any necessary permits from the San Jose Water Company. 2. The Contractor will provide fuel, water, and maintenance for al] vehicles and for equipment. -. J Page 9 of 17 _ ~. ~. ' ~ ~ '. Exhitiit D General Provisions 1. Service Standards. Comrasor shall perfgrm all services under this Contract in a thorough and professional manner. Street sweeping services described in Exhibit A of , this Contract shall be performed except during adverse weather conditions. Additionally, all services described in Exhibit A of this Contract shall be performed professionally, on ~ ' schedule, and courteously. , 2. Labor and Equipment. Contractor shall provide and maintain al] labor, equipment, tools, facilities, and personnel supervision required for the performance of Contractor's obligations under this Contract. Contractor shall at all times have sufficient backup , equipment and labor to fulfill Contractor's obligations under this Contract. No compensation for Contracor's services or for Convector's supply of labor, equipment, tools, facilities or supervision shall be provided or paid to Contractor by City except as expressly provided by this contract. 3. Holiday Service. Contractor shall not be required to perform services under this Coni'rax on ten (]0) holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. Sweet sweeping services that would be performed but for Holidays shall be rescheduled to the day immediately following the Holiday, or subsequent regular street sweeping day, unless otherwise specifically approved in advance in writing by the Director of Public Works. 4. Independent Contractor. In the performance of services pursuant to this Contras, Contractor shall be an independent Contracor and not an officer, agent, servant or employee of City. Contrasor shall have exclusive control over the details of the services , and work performed and over all persons performing such services and work. Contrasor shall be solely responsible for the ass and omissions of its officers, agents, employees, contraxors, and subcontraxors, if any. Neither Contraxor nor its officers, employees, agents, wntrasors, or subcontraxors shag obtain any right to retirement benefits, Workers' Compensation benefits, or any other benefits which accme to employees of City, and Comraxor expressly waives any claim it may have oracquire to such benefits. Contrasor shall be solely liable for and obligated to pay direxly al] applicable taxes, including, but not limited to, federal and state income taxes, and in connexion therewith Cornraxor shall indemnify and hold City harmless from any and all liability that City may incur because of Contracor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contraxor. 5. Law to Govern. The laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of City and Contrasor under this Contrax and shall govern the interpretation of this Contras. 6. Venue. Any litigation between City and Contraxor concerning or arising out of this Contrax shall be filed and maintained exclusively in the Municipal or Superior Courts of Santa Claza county, State of California, or in the United States District Court for the Northern District of Califomia to the fullest extern permissible by law, Each party consents to service of process in any manner authorized by Califomia law. • Page ] 0 of 17 ~. 7. Assignment. Neither party shall assign its rights nor delegate or otherwise transfer its , ' obligations under this ConVact to any other person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall , be void and the attempted assignment shall constitute a material breach of this Contract. For purposes of this exhibit, "assignment" shall, include, but r5ot limited to: A. a sale, exchange or other transfer or substantially all of Contractor's assets dedicated to service under this'agrcement to a third party. B. a sale, exchange or other transfer often percent (10%) or more of the outstanding common stock of Contractor to a person other than the shareholder(s). F,stablishment of a living trust will not constitute such a transfer, provided that control of the Company is retained by the share}iolders. C. Any reorganization, consolidation, merger, recapitalization, stock issuance or reissuance, voting trust, pooling agreement, escrow arrangement; liquidation or other transaction to which Contractor or any of its shareholders is a party which results in a change in ownership or control often percent (10%) or more ofthe value or voting rights in the stock of Contractor; and D. Any combination of the foregoing (whether or not in rotated or contemporaneous transactions) which has the effect of any such transfer or change of ownership. 8. Subcontracting. The use of a subcontractor to perform services under this contract shall not be permitted. 9. Binding on Successors. The provisions of this Contract shall inure to the benefit to and be binding on the successors and permitted assigns of the parties. 10. Parties in Interest. Nothing in this Contract, whether express or implied, is intended to confer any rights on any persons other than the parties to it ant their representatives, successor and permitted assigns. 11. Compliance with Law. In the performance of this contract, Contractor shall comply with all applicable laws, regulations, ordinances and codes ofthe federal, state andlocal governments, including without limitation the Municipal Code of City.. A. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 7986. B. Discrtimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, need, wlor, disability, sex; sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any. other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination Page 71 of 17 .. under this Agreement C. DrugTree Workplace. Contractor and Contractor's employees and subcontradors~ , shall comply with the City's policy of maintaining a drugsfree workplace. Neither Contrador nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use wnvolled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contrador or any employee or subcontractor of Convador is convicted or pleads nolo contendere to a criminal drug statute violation occumng at such a facility, premises, or worksite, the Convador, within five days thereafter, shall notify the City. ]2. Permits and Licenses: Convador shall obtain, and shall maintain throughout the term ' ofthis Convact, all necessary permits, licenses and approvals required for Convador to perform the work and services agreed to be performed by Contrador to perform the work and services agreed to be performed by Contractor pursuant to this Convad. Contrador . shall show proof of such permits, licenses or approvals and shall demonstrate compliance with the terms and conditions of such permits, licenses and approvals upon the request of the Director of Public Works. 13. Ownership aTWritten Materials. All reports, documents, brochures, public education materials, and other written, printed or photographic materials developed by city or Convador in connection with the service to be performed under this Contract or in connection with the Street sweeping Services, whether developed directly or indirectly by . city or Contrador, shall be and shall remain the property of City without limitation or restriction on the use of such materials by City. Contrador shall not use such materials in connection with any project not connected with this Convad without the prior written notice to and consent of the Diredor of Public Works. Such consent shall not be unreasonably withheld. 14. Waiver. The waiver by City or Convador of any breach or violation of any term, covenant or condition ofthis Convad shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by City of any fee, tax, or any other moneys which may become due from Convador to Ciry shall not be deemed to be a waiver by city of any breach or violation of any term, covenant or condition ofthis Contract. 15. Prohibition Against Gilts. Contrador shall not offer any city officer or other employees any gift, 16. Notices. All notices and other communications required or which may be given under this Contract shall be deemed given when deposited in the United States mail or when personally delivered or telefax to the parties as specified in this Exhibit. In the case of a notice or communication by telefax, the telefax shall be sent to the number specified below and a written copy shall be mailed or personally delivered within three (3) days of the vansmittal ofthe telefax. A]] notices or other communications sent by mail shall be sent postage prepaid and return receipt requested to the address specified in section 9 of this agreement. Either parry may designate a different mailing address or a different telefax number byproviding notice to the other party as provided in this Exhibit. Such • Page 12 of 17 ~. n notice shall be deemed to be effective when received if served personally or sent via ' Federal Express, and three days after being deposited in the mail. 17. Transition. to Neat Contractor. In the event Contractor is not awarded an agreement to ~, continue to provide services following the expiration or earlier termination ofthis Contract, Contractor shall cooperate fully with City and any subsequent contractor(s) to assure a smooth transition of services described in this Comract. 18. City Representative. Except as otherwise provided in this Contract, City Representatives shall be authorized to act on behalf of City in the administration ofthis Contract. 19. Contractor's Records. Contractor shall maintain any and all ledgers, books of accoura, invoices, vouchers, cancelled checks, and' other records of documents evidencing or relating to charges for services, or expenditures and.disbursements charged to City for a minimum period of three (3) years, or for anylonger period required bylaw. Contractor shall maintain all documents and records which demonstrate performance under this Contract for a minimum period ofthree (3) years, or for any longer period required by law, from the date of termination or completion ofthis Contract. Any records or documents required lobe maintained pursuant to this contract shall be made available for inspection or audit, at any time during regulaz business hours, upon written request by the Director of Public Works or ocher designated representative. Copies of such documents shall be provided to city for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Contract.- Where City has reason to believe that such records or documents may be lost or discazded due to dissolution, disbandment or termination of Contractor's business, City may, by written request or demand of any of the above-named officers, require that custody of the records be given to City, and that the records and documents shall be granted to any party authorized by Contractor, Conractor's representative, or Contractor's successor-in- interest. 20. Amendment ThisContract may be amended or modified only by written agreement duly authorized by convactor and the City Council, and executed by their authorized representatives. 21. Severability. Should one or more of the provisions if this Contract be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the duties or obligations of either party from those duties or obligations originally contemplated by this Contract. 22. Time. Contractor shall devote such time to the performance of services pursuant to this Contract as may be reasonably necessary for satisfactory performance of Contractor's .obligations pursuant to this Contract. 23. Insurance Requirements. Contractor shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or Page 13 of 17 ' ~ ~ ~, ,~ ~ ' ' ' damages to property which may arise frbm or in connection with the performance of the, ' work hereunder by the Comrasor, its agents, representatives, employee§ or ~~ • subcontractors. The cost of such insurance 'shall be included in the Contract unit prices;• , ' The Con actor shall maintain automobile liability insurance of at least $1 million dollars; , and property damage insurance of at least $1 million dollazs. The Convasor shall also maintain property damage and bodily injury insurance of at least $1 million dollars. ' Employees will be covered by workers' compensation insurance. The City shall be ~ ~ ' named as an additional insured on all policies except in workers' compensation. Evidence of current insurance shall be provided in the form of a certificate to the Ciry , prior to the start of work. , The Cony asor makes the following certification, required by section 1861 of the . Ca]'ifornia Labor Code: ' ' I ani aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the ' work of this contras. 24. Hold Harmless and Responsibility of Contractors. Contrasor shall take all responsibility for the work, shall bear all losses and damages d'tresly or indirectly resulting to him, to the City, to City officers and employees, or to parties designated by the City, on account of the perfomtance or charaser ofthe work, unforeseen difficulties, accidents, occwrences, or other causes predicted on active or passive negligence of the Contractor. Contracor shall indemnify, defend and hold hamiless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, ' expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description diresly or indirectly azising from the performance of the work. This pazagraph shall not be conswed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code, the parties hereto recognize and agree that this Contras is not a construction cornras. By execution ofthis Contras, Contrasor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contras does not relieve the Contrasor from liability under this pazagaph. 26. Default and Remedies. A Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the Page 14 of 17 • s CJ breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the wre and diligently proceeds to completion of the wre. B. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreemem and/or seek damages including incidental, wnsequential and/or special damages to the full extent allowed by law. C. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. ' D. Litigation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 27. Performance Bond. The Contractor shall prior to starting work under this contract will. provide a performance bond in the amount of 25% of the estimated annual contract amount which will provide coverage of possible additional costs if the Contractor does not meet performance standards and the City needs to acquire a new vendor. 28. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Contractor for the City. 29. Entirety. This Contract and the exhibits attached hereto represent the emire agreement of City and Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shalt alter any term or provision of this Contract. 30. Prevailing Rate of Wages. In accordance with provision of the California Labor Code, the City Council hereby determines that the general prevailing wage in the City of Saratoga, for laborer and for each craft or type of worker and mechanic employed in the execution of the contract, is Union Wage Scale established for Santa Claza County, which wage scale as of the execution date of contract is incorporated herein as if set forth. Overtime shall be not less than one and one-half (1 ''/z) times the established rates. Sundays and holidays shall be not be less than two (2) times the established rates. In payment oflabor, the contractor shall comply with the provisions of Labor Code Section 1770 to 1781 inclusive (Article 2, Chapter 1, Part 7, Division 2), and any acts amendatory thereto. u Page I S of 17 ~. ~ , ' ' Eah'ibit E ' ' Contract Renewal 1. $y Mazch 1, 2003, and each March 1 ther6aReri Contractor shall submit proposed rates ' for the succeeding contract yeaz or notify the City that it intends to terminate thiscontract ~ ' at end of the current contract year. If no submittal is made by Contractor, the City may extehd the contract for one (1) additional yeaz at the then prevailing comract rates. 2. By May I of each year, City shall notify Contractor that either (I) City accepts the proposed rates and the contract shall be extended through June 30 of the following year, , or (2) based on Contractor's failure to submit new rates the City has elected to extend the contract at the then prevailing rates through June 30 of the following year , or (3) the ' contract shall be terminated effective June 30 of the current year. ' Page 16 of 17 Exhibit F Performance Standards The ptimary objective of street sweeping is to remove all leaves, paper, dirt, rocks, glass, bottles, cans and other litter and debris from streets to ensure free flow of water in the gutter and to maimain streets in an overall state of cleanliness. The City will make the final determination as to whether the work has been satisfactorily completed and will order the. Contractor to resweep azeas not swept in a satisfactory manner. Page 17 of 17 C ~. ` ~ - SARATOGA CITY' COUNCIL ~~ METING DATE: May 7, 2003 ,AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAG~~R: (~^- (~~~n--~---_ PREPARED BY: Morgan Kessler~DEPT HEAD: ~ ,.,, . ~V,.r,~U,.ro-~-. SUBJECT: Proposal for architectural design services for the VTA Restroom Project. RECOMMENDED ACTION(S): Approve proposal from Bill Gould Design in the amount of $18,826.00 for design services for the VTA Restroom Project and authorize the City Manager to execute a Professional Services Agreement for the same. REPORT SUMMARY: Backeround Last December, the Saratoga City Council entered into a cooperative agreement with the Santa Clara Valley Transportation Authority to manage and facilitate the design and construction of a bus driver's restroom facility at the West Valley College Transit Facility located near the comer of Fruitvale and Allendale Avenues. Per the agreement, City staff is to solicit bids, provide inspection, and manage the design and construction contracts. VTA will pay all associated costs for the project up to a limit of $225,000. Discussion Over the past few weeks, staff has been working on the retention of a qualified design consultant for the project. The City received two design proposals. The prices submitted by the consultants are summarized as follows: • Bill Gould Design: $18,826.00 • Terry Martin Associates: $14,650.00 The proposals were presented to VTA staff last week during a meeting at Saratoga City Hall. After review, VTA staff selected Bill Gould Design to perform the design work. Selection criteria included previous experience, familiarity with public projects, and level of service provided for the given price. ,~ ' It is therefore recommended that Council approve a proposal from Bill Gould Design for. architectural services for the VTA Restroom project, and authorize the City Manager to execute a Professional Services Agreement for the same. Design work is scheduled to commence as soon as an agreement is executed and the project will be ready for bid by July of this year, with construction commencing soon after. '~ FISCAL IMPACTS: Funding for this project will be provided entirely by the Santa Clara Valley Transportation Authority, with any City costs limited to stafftime. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The proposal would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A professional services agreement will be prepared staff and executed by the City Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Proposal from Bi1LGould Design 2 of 2 Scope of the Pr1ect The project consists of the construction of an approximately 270 square foot restroom building for the use of Valley Transit Authority (VTA) staff on the campus. of West Valley College in Saratoga, CA. The project is funded by VTA but will be administered by the Saratoga Public Works Department (Owner). It is intended thai two bidding packages will be created, one for each, of two sites, and bid out and then a selection made as to the final site. The initial total project budget (including all soft costs) is $225,000. i Scope of Professional Services Bill Gould Design (BGD) will provide and be responsible for the following project disciplines: azchitectural, structural, mechanical,.electrical, plumbing, landscape and civil. All other required project consultants shall be provided by Owner. BGD will provide the following professional services: Design Finalization Phase • Meet with the City to determine project goals and constraints, decision- making processes, critical timelines, and submission requirements. An action-oriented schedule showing what actions required by the City and other agencies will be developed. • Develop alternate approaches to the architectural expression and siting of the building. • Meet with the City and other designated project representative to review and comment on design approaches. A total of two (2) such meetings are included as Basic Services. A preferred alternative will be developed for each site and used as the basis of working drawings. Construction Documents Phase • Based on the package provided by the VTA and the preferred design approach, develop two sets of Construction Documents, one for each site, which will be complete and sufficient to allow competitive public bidding of the project. • Submit the packages to the City and VTA for review and planchecking. • Revise documents as required to produce final bidding sets. 2 0 Bidding Phase ' • Respond to Bidder's questions. , ~ If necessary, create additional documentation for inclusion in addenda issued by the City. • Assist the Owner to review bids received and determine the lowest responsible bidder. Construction Phase • Review and take appropriate action on submittals. • Attend key construction meetings. A total of three (3) such meetings are included as Basic Services. • Respond to contractor's Requests for Information (BFI's). • Attend walkthrough at Substantial Completion and assist Owner in developing a Punchlist of items to completed for Final Completion. ~~_~ . ~. • Assist Owner in closing out the job. " Compensation (See attached detailed work breakdown and fee summary) Bill Gould Design will provide the Basic Services listed above for a Stipulated Sum of Eighteen Thousand Eight Hundred and Twenty Six Dollars and No Cents ($18,826.00). Desulpaon ~ Prlncipel PA ' Dre/ter TOTAL ~ 195 e6 -. 65 Project Manacement Project Setup & Contracts 1 2 ~ 3 ' Consultant Contracts 8 Coordination 2 ~ 6 8 PlencheckinA 2 2 Subtotal 5 8 0 ~ 13 675 760 0 1,435 Design Finalization ~ , Review Existing Documentation 1 2 ~ 3 Deveop Exterbr Concepts 1 4 5 Develop Site Designs 1 4 5 Review Meeting 2 2 ~ 4 Refine Concepts & Colors 1 3 4, Refine Site Designs 1 '3 4 Review Meeting 2 2 4 Finalize Appearance & Site 1 3 4 Subtotal - f0 23 0 33 1,350 2,185 0 3,535 construction Documents Develop CD Packages (Options A & B) Title Sheets (2) 1 2 3 Site/Demolition Plans (2) 1 2 8 11 Existing Condkions Plan 1 2 3 Floor Plan & Elevations 1 1 4 6 InterwrslDoor Schedule 1 - 1 6 8 . Toilet Room Details 1 1 8 10 Architectural Detaiis 2 4 16 22 [Structural Drawings] 0 - [MEP Drawings] 0 [Landscape/Civil Drawings] 0 Specifications 2 20 22 Badccheck & Revisions 1 4 8 12 Subtotal 9 35 54 98 1,215 3,325 3,510 8,050 BiddinD Assistance ' Respond to Bidder's Questions T 3 4 Create Addenda 1 3 4 Review Bids 1 1 2 Subtotal 3 7 0 f0 405 665 0 1,070 Construction Assistance Submittal Review 1 4 5 Construction Meetings (3) 1 6 7 RFI Responses 1 6 7 Punchlist 1 1 2 Project Closeout 0 2 2 Subtotal 4 f9 0 23 540 1,805 0 2,345 Total Architectural Fee 16,435 Less Discount (4,109) Net Archltecturei Fee 12,326 Structural Fse 2,500 MEP Fee 2,500 • Landscape/Civil Fee 1,500 Total Fee 18,826 lr n SARATOGA CITY COUNCIL '~ , MEETING DATE: May 7, 2003 ' AGENDA ITEM:' ~ ~ I , ORIGINATING T:~C Manager CITY MANAGER: C~~~%~-'`--' - , ', ~ PREPARED BY:~=, ~I I / ~ DEPT HEAD: SUBJECT: Resolution -Supporting the Draft Expressway Draft Plan RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: On April 19, 2003 Dawn Cameron, County of Santa Clara/Roads and Airports Department, briefed the City Council on the Expressway Study Draft Plan and specific recommendation for Lawrence Expressway in the Saratoga area. . At that time Ms. Cameron request the- Council agendize an action item to endorse the Expressway Draft Plan. Attached is aTesolution staff is recommending Council adopt supporting the Draft Plan. .FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to mail Ms. Cameron a certified copy of the resolution. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Resolution RESOLUTION N0.03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ENDORSING THE COMPREHENSIVE COUNTY EXPRESSWAY DRAFT PLAN WHEREAS; on November 14, 2001 xhe City of Saratoga joined efforts with the County of Santa Clara County Board of Supervisors to participate on the PAB; and WHEREAS, the Comprehensive County Expressway Planning Study developed and documented consensus on potential expressway. improvements of all types. including capacity enhancements, grade separations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study developed funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. . WHEREAS, on March 25, 2003, the County of Santa Clara Board of Supervisors released the Comprehensive County Expressway Plamiing Study for city and public review;'and WHEREAS, the Expressway Draft Plan will serve as a long-range strategic plan for the improvement and maintenance of the expressways; and ' NOW, THEREFORE, the City Council of the City of Saratoga does hereby endorse the Draft Plan of the Comprehensive County Expressway Study. The above and foregoing resolution was passed and adopted at an regular meeting of the. Saratoga City Council held on the 7th day of may, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk ' SARATOGA CITY COUNCIL ' , ' ~, MEE~'ING DATE: May 7, 2003 A.GEN15A ITEM: ' ORIGINATING DEPT: Community Development CITY MANAGER: O~G=~-+~--- PREPARED BY: ~ Christine Oosterhous, AIC~DEP~' HEAD: SUBJECT: The applicant/appellant has requested a ,continuance for an appeal of a Planning Commission decision to deny atwo-lot subdivision located at 20440 Arbeleche Lane. APPLICANT/APPELLANT: Nasrin Asgari Javanmard, property owner, 20440 Arbeleche Lane. RECOMMENDED ACTION: Staffrecommendsthe City Council grant the applicant's request for a continuance to the July 2, 2003 City Council meeting. .REPORT SUMMARY: On November 13, 2002, the Planning Commission denied an application to subdivide the property located at 20440 Arbeleche Lane (behind Neale's Hollow commercial buildings). In summary, the two-lot subdivision was denied based on the following findings: inconsistency with the goals and policies of the General Plan, the site is not physically suitable for the type and density of development proposed, and the improvements are likely to cause substantial environmental damage and avoidably injure wildlife and their habitat (see Attachment B, Resolution of Denial). The project includes several development constraints such as a moderate to high quality riparian habitat, mature healthy trees, and irregular lot configuration. The project includes the construction of two single-family residences on each proposed lot. Currently, aone-story single-family residence is located on the subject property. The site is zoned for multi-family residential development. The. Saratoga Creek abuts the site. The applicant has presented revisions to staff subsequent to the Planning Commission meeting in November; however, further revisions are required in order for staff to support the project. Staffhas advised the applicant that substantial revisions must be reviewed by the Planning Commission, as a new application, and that the City Council will not take action on revised plans that the Planning Commission has not had an opportunity to review. C~ Due to the app]icant's request for continuance staffhas included limited information about the denied project at this time.. Staff will include detailed background documents and a site visit will'be performed by the City Council prior to the July 2, 2003 meeting. The resolution of denial is attached for your information. ALTERNATIVE: Deny the applicant's request for continuance to the July 2, 2003 City Council meeting and conduct ,, the public hearing at this time. ' FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: A. Applicant's Request for Continuance to July 2, 2003. B. Resolution of Denial 2 4 ARRIL 28 ,2003 ATTACI~MENT ~A ~ ~ ~ ~Ml~I~i~~~ 1 APR 2 8 2Q03 ' CITY OF SARATOGA CITY OF SARATOGA ' PLANNING COMMISSION ' 13777 FRUITVALE AVE SARATOGA , CA , 95070 Dear Christine: I talked with our engineer regarding the new design .He needs more time to submit the plan to city, I request to postpone the appeal hearing schedule for the MAY 7 , 2003 City Council meeting to J[ILY 2 , 2003 .Please feel free to call me if you have any question , my number is {408)866-8575. Thank You, J NASRIN ASGA1 ATTACHMENT B~ A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION DENIAL OF SUBDIVISION APPLICATION NO. SD-O1-001 20440 Arbeleche Lane, Nasrin Asgari WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval to subdivide one existing pazcel into two pazcels, set forth in file no. SD-O1-001; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement is not consistent with the objectives, policies and general land use and programs specific in such General Plan reference the staff report for further particulazs; WHEREAS, the Planning Commission has conducted a duly noticed public hearing on November 13, 2002 at which time all interested parties were given a full opportunity to be heazd and present evidence; and WHEREAS, The Planning Commission shall not approve any tentative map or building site if it makes any of the nine findings listed in Municipal Code Section 14- 20.070(b). The Planning Commission made the following two findings with regard to the proposed project, pursuant to MC5 14-20.070(b)(1) and (2): That the proposed map or buildings site is not consistent with the General Plan and any applicable specific plan. (MCS 14-20.070(b)(1).) That the design or improvement of the proposed subdivision or building site is not consistent with the General Plan and-any applicable specific plan. (MCS 14- 20.070(b)(2).) The proposed project is not consistent with CO 2.0, 2.5, 3.0, and 3.2 of the General Plan goal and policy statements. C0.2.0 directs the City to conserve natural vegetative and significant topographic features. CO 2.5 requires the City to take particular care to preserve significant trees by careful siting all improvements in new developments. CO 3.0 directs the City to preserve the quality of the natural environment and the chazacter of the City through appropriate regulation of site development. CO 3.1 requires the City fo strive to protect wildlife and wildlife habitats when considering proposals for development. As noted above, the proposed project locates structures in a riparian corridor, requires removal of approximately 12 redwoods, does not conserve natural vegetation, does not preserve significant trees, and does not preserve the quality of the natural environment or areas of ecological significance. The projectdoes not protect wildlife and wildlife habitats, because it would remove redwoods and construct multiple large structures.' Thy proposal does not achieve or maintain a harmonious relationship between the natural environment and man-made structures and land uses. The proposed project is not . sensitive to the natural environment. It does not preserve the natural character of the creek corridor nor does it preserve the riparian habitat. The Planning Commission made the following two Tindings with regard to the ' proposed project, pursuant to MCS 14-20.070(b)(3) and (4): • That the site is not physically suitable for the type of development proposed. (MC$ 14-20.070(3).) • That the site is not physically suitable for the proposed density of development. (MCS 14-20.070(4).) The Saratoga Creek borders the project site. A moderate to high quality riparian comdor is lgcated throughout the subject parcel. Mature healthy trees are located throughout the project site. Preserving these trees is essential to maintaining the riparian comdor. The proposed parcel B is a triangular shaped lot much smaller in size than the existing triangular shaped lot. The constraints of the Saratoga Creek, mature trees, riparian corridor, and proposed triangular shaped lot B result in a site that is not physically suitable for the proposed subdivision, including building pads and structures. The Planning Commission made the following finding with regard to the proposed ' project, pursuant to MCS 14-20.070(b)(5): • That the design of the subdivision or building site or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (MCS 14-20.070(5).) The project will create a higher level of human encroachment into the riparian corridor. This increase human presence will result in increased disturbance of birds using the riparian corridor for breeding, foraging and shelter. The two proposed second-story residences which are approximately 3,800 and 3,995 square feet in floor area are not suitable for the site because the size of the buildings will have some adverse effect on birds since it may hinder lateral movements to and from the riparian corridor. Removal of trees from the riparian corridor will result in the direct loss of habitat for birds. The removal of a row of 22 redwood trees to accommodate the building pad for proposed lot B would adversely affect the riparian corridor. THEREFORE, BE IT RESOLVED that the Planning Commission ofthe City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the Tentative Pa;cel Map, architectural drawings, plans and other exhibits submitted in connection with this matter including but not limited to evidence that the proposed project could have a significant environmental impact, Subdivision Application No. SD-O1-001 is hereby denied. Section 2. Unless appealed pursuant to the requirement of Article 15-90 of the • Saratoga City Code, this Resolution shall become effective fifteen days from the'date of adoption. PASSED AND ADOPTED, The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga Planning Commission, State ~ of .California, held on the 13a' day ofNovember 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission SECRETARY OF THE PLANNING COMMISSION This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until ageed 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 ' SARATOGA CITY COUNCIL ,, , MEETING DATE: May 7, 2003 AGENDA ITEM: ~ ' ORIGINATING DEPT: Community Development .CITY MANAGER: O PREPARED BY: Christine Oosterhousq AIt~i DEPT HEAD: SUBJECT: Appeal of a Planning Commission decisioD to conditionally approve Design Review Application No. 02-259 to construct atwo-story single-family residence located at 14165 Victor Place. APPELLANT: Rajiv and Minakshi Mathur, property owners, 14185 Victor PIace. APPLICANT: Minho and Lotus Shin, property owners, 14165 Victor Place. RECOMMENDED ACTION: Hold public hearing and take appropriate action. REPORT SUMMARY: At a public hearing held on March 12, 2003, the Planning Commission approved Design Review Application No. 02-259 with conditions. The design review application includes the construction of second-story additions to an existing one-story single-family residence. The project was approved with two balconies. One balcony is located on the front facade and a second balcony is located on the reaz elevation. Special conditions of approval include requiring obscure or clerestory windows on the second floor to protect the appellant's privacy (see attachment A, condition #1). In their appeal statement, Rajiv and Minakshi Mathur, request that the property be restricted to single-story development, thatthe proposed floor plan be re-designed, or that the rear balcony be eliminated. The Planning Commission considered the appellant's testimony at the public hearing on March 12, 2003. The Planning Commission could not support eliminating a second storybalcony on the rear of the proposed residence based on the following findings: (1) the size of the balcony, three feet in width, would not ]end to much use,. if any, by the applicant; (2) the appellant resides in a two story residence which overlooks the applicant's property, (3) the balcony on the rear of the residence was necessary for architectural balance with the balcony on the frontfagade; and (4) obscure or clerestory windows on the second floor would avoid a unreasonable interference with privacy. In summary, the Planning Commission could not justify. prohibiting the applicant the very property. rights the 1 Clerestory windows are narrow windows installed above eye-level. appellant enjoys (a second-story residence) when unreasonable interference with privacy could be mitigated with obscure or clerestory windows. The planning commission. ultimately passed a ' ~ resolution permitting both front and rear balconies, but requiring obscure or clerestory windows on the second floor overlooking the appellants' property (see attachment A, condition #1). Staff require applicants to submit proof that they have discussed their proposed projects with their neighbors well in advance of submitting an application to the City so that any issues, concerns or ' redesigns can be addressed at that time. The project plans were brought to the appellants' attention ' on September 29, 2002 (see attachment E). The appellant did not contact the architect to discuss the ' '' concems, issues and/or revisions requested in their appeal statement prior to the Planning Commission public hearing in March 2003. Relevant background documents, including the resolution of approval adopted by the Planning Commission and the staff report are included in the packet materials. Pursuant to Municipal Code Section 15-45.080 the City Council must find the project does not comply with the following design review findings in order to deny the design review application and grant the appeal: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location, of residential structures on adjacent lots and within the neighborhoods; and (ii) community viewshed will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natura] contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (d) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district, and (ii) the natural environrent; and shall not (i) unreasonably impair the light and air of adjacent properties nor (ii) unreasonable impair the ability of adjacent properties to utilize solar energy. (e) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. 2 (f} Design policies and techniques. The proposed rgain or accessory structure will conform to each of the applicable design policies and techniques,set forth in the Residential Design Handbook. , ALTER1yATIVES: ' 1. Deny the appeal and uphold the Planning Commission's conditional approval of the Design Review Application 02-259. 2. Grant the appeal and overturn the Planning Commission's approval of the proposed project, thus denying the Design Review Application with findings. 3. Continue the public hearing to allow the applicant an opportunity to restudy project-related issues raised by the City Council. FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING, ANA PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: • A. Resolution of Approva103-012. B. Staff report including attachments from the March 12, 2003 Planning Commission meeting. C. Minutes from the March 12, 2003 Planning Commission meeting. D. Applicant's appeal statement. E. Statement signed by the appellant on September 29, 2002 indicating the project architect has brought the proposal to their attention. F. Reduced plans. APPROVAL OF RESOLUTION N0.03-012. ATTACHMENT A CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Lotus 62 Minho Shin, Property Owners; 14165 Victor Place WHEREAS, the City of Saratoga Planning Commissionhas received an application for design review for the construction of first and second-story additions to an existing one-story •~ residence, and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to section 15302 of the Guidelines for the,Implementation ofCEQA. This Class 2 exemption applies to the construction and location of limited numbers of new small facilities or structures. WHEREAS, the applicant has met the burden of proof required to support. said. application for design review approval, and the following findings have been determined: The proposed project implements the following Residential Design Policies: • The second-story building line is recessed at every elevation. . • Elements which reduce bulk and break up mass of the proposed residence include multiple low-pitched gabled and hipped rooflines, receding building lines, and balconies. • The proposed second-story does not extend over the entire footprint of the first floor. • A mixture of materials including horizontal wood siding, and stone veneer reduce mass and bulk of the proposed residence: • Natural materials. are proposed including horizontal wood siding, and stone veneer. • The proposed materials will blend with the natural environment and existing residences. Existing vegetation is preserved and integrated into the proposed project. • No trees are proposed for removal. • The applicant has submitted several letters which indicate the plans were circulated to homes in the project vicinity for review. • The windows located in the landing, master bed, and master bath be obscure or clerestory windows (narrow windows installed above eye-level). 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, application #02-259 for design review approval is hereby granted subject to the following conditions: Application No, 02-259; 14165 Victor Place COMMUNITY pEVELOPMENT' , 1. The windows located in the landing, master bed, and master bath shall be obscure or. clerestory,windows (narrow windows installed above eye-level). ' 2. The applicant shall revise the front entry to'resemble an authentic craftsman style including but not limited to lowering the height of the proposed 14.5 $ entry. The applicant shall submit revised elevations to staff for approval prior to submittal for building permits. 3. Four sets of complete construction plans incorporating this Resolution and the City Arborist ~2eport as a separate plan page shall be submitted to the Building Division prior. to submittal for building permits. 4. The site survey shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor.. 5. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 6. Submit grading and drainage plans to the public works deparhnent for review. • 7. Storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. 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. 8. Landscaping shall be installed prior to granting final occupancy inspection. CITY ARBORIST 9. All recommendations in the City Arborist's Report shall be followed and incorporated into the plans. FIRE PROTECTION DISTRICT 10. All development review conditions from the Saratoga Fire Department shall be followed and incorporated into the plans. CITY ATTORNEY 11. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City of held to be liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Application No. 02-259; 14165 VictorPlace 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 days from the date of adoption PASSES.AND ADOPTED by the City of Saratoga Planning Commission. State of California, the 12th day of March 2003 by the following roll call vote: AYES: Hunter, Jackman, and Garakani ' NOES: Kurasch and Zutshi ABSENT: Barry and Roupe ABSTAIN: None 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 . ~ ~ ~ ~ ~ ATTACHMENT B REPORT TO THE PLANl~ING COMMISSION ,~ Application No./Location: 02-259;14165 Victor Place Applicant/Owner: Lotus 6z Minho Shin, Property' Owners Staff Planner: Christine Oosterhous AICP, Associate Planne~ ' Date: March 12, 2003 APN: 397-27-010 Department Head: ~j-~~ 14165 Victor Place fi~~~~Ql STAFF ANALYSIS CASE HISTORY: Application filed: 11/18/02 Application complete: ~ 01/29/03 , Planning commission hearing: 03/12/03 ZONING: R-110,000 ' GENERAL PLAN: Residential Medium Density,(M-10) Maximum Dwelling Unit Per Acre 4.35 MEASURE G: Not Applicable PARCEL SIZE: 10,197 square feet AVERAGE SITE SLOPE: None GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION: The proposed project which includes construction of additions to asingle-family residence is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15302 of the Guidelines for the Implementation of CEQA. This Class 2 exemption applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the. same site as the original one and will have substantially the same purpose and capacity as the original MATERIALS AND COLORS PROPOSED: Proposed materials include abrown-gray horizontal wood siding, a concrete the roof, white trim, and a stone veneer are proposed. ~'+~~~®~ Lot Coverage: , Building Paving TOTAL (Impervious Surface) Floor Area: ' First Floor Second Floor TOTAL • Setbacks: Front Rear First Floor Second Floor Interior Side First Floor Second Floor Exterior Side First Floor Second Floor Height: Residence .. ,Proposed Code Requirements Maximum Allowable 27 % ~' 6p% 1,974 sq. ft. 737 sq. ft. 2,711 sq. ft. Maximum Allowable, 1,974 sq. ft. 838 sq. ft. 3,023 sq. ft. 3,067 sq. ft. Minimum Requirement 25 ft. , 25 ft. 30 ft. 10 ft. 30 ft. 10 ft. 6 ft.(existing to remain) 10 ft. 29 ft. 15 ft. 25 ft. 25 ft. 30 ft. 30 ft. Maximum Allowable 24 ft. 26 ft. 4~4F~~V~ t • .,,. ~~ • • PROJECT DISCUSSION The applicant requests design review approval to construct first and second story additions to ' an existing one-story single-family residence. The total floor area of the proposed two-story ' residence and attached garage is 3,023 square feet. The floor area of the first floor is 1,974 ' square feet and the second floor is 838 square feet. The maximum height of the proposed residence is 24 feet. The lot size is approximately 10,197 squaze feet and the site is zoned R- 1-10,000. Architectural styles in the neighborhood vary; however, a prominent architectural style is American Traditional including craftsman bungalow. Residences in the surrounding neighborhood are a mixture of one and two story homes. A majority of the residences in the neighborhood have wood siding and shingles. The proposed two-story residence reflects a craftsman style. Identifying features of the proposed residence include low-pitched gabled and hipped rooflines with eave overhang and triangular knee braces under the gables. The entry porch is supported by square columns. The entry porch is not proportionately scaled to the residence. The architectural style of the residence was substantially revised at staffs request. The original submittal is attached for your information (attachment 7). The architect also studied • the public hearing tapes from the recently approved project located at 14140 Victor Place. While the proposed project is not an authentic craftsman the applicant has substantially revised the project to achieve more architectural compatibility with the existing neighborhood. The building line of the second story is recessed from the building line of the first story. The front and reaz elevations include a balcony. Overall the elevations include a great deal of modulation and articulation between receding building lines, and balconies. Proposed materials include abrown-gray horizontal wood siding, a concrete the roof, white trim, and a stone veneer aze proposed. The existing building line along the interior side of the residence (garage) is nonconforming in that the existing right side yard setback as viewed from Victor Place is 6 feet which does not meet the minimum interior side yard setback requirement of 10 feet. Staff considered this nonconformity and determined that if the existing wall is to remain the nonconforming aspect may remain. Staff has made it clear to the applicant that if the wall is removed it may not be rebuilt in the existing location; instead, it must be moved fixrther from the property line to achieve the minimum side yard setback requirement of 10 feet. No trees are proposed for removal. The arborist report dated February 3, 2003 requires tree protective fencing and a tree preservation bond. • ~r~Q~®~ DESIGN REVIEW FINDINGS: ' The proposed project implements the following. Residential Design Policies: The second- story building line is recessed at every elevation. Elements which reduce bulk and break up mass df the proposed residence include multiple low-pitched gabled and hipped rooflines, ' receding building lines, and balconies. The proposed second-story does not extend over the entire footprint of the first floor. A mixture of materials including horizontal wood siding, and stone veneer reduce mass and bulk of the proposed residence. Natural materials are proposed including horizontal wood siding, and stone veneer. The proposed materials will blend with the natural environment and existing residences. Existing vegetation is pre'ser'ved and integrated into the proposed project. No trees are proposed for removal. The applicant has submitted several letters which indicate the plans were circulated to homes in the project vicinity for review (attachment 4). Neighbor Concerns A letter was received in opposition to the project from the property owners of 14185 Victor Place, Rajiv and Mina Mathur (attachment 5). The concerned parties live in a two-story residence located. behind the proposed project. In an attempt to preserve their privacy staff recommends the windows located in the landing, master bed, and master bath be obscure or clerestory windows (narrow windows installed above eye-level). Additionally, staff recommends the balcony located on the rear of the proposed residence be removed from the proposed project. . Conclusion As conditioned, the proposed residence conforms to the policies set forth in the City's Residential Design Handbook. The residence does not interfere with viewsheds or privacy, it preserves the natural landscape, and minimizes the perception of bulk so that it is compatible with the neighborhood. The proposed project supports the findings required for design review as detailed in the staff report. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve design 'review application 02-259 by adopting the attached Resolution. ATTACHMENTS: 1. Resolution for application number 02-259. 2. Fire department comments, dated December 19, 2002. 3. Arborist report, datedFebruary 3, 2003. 4. Three letters signed by neighbors indicating they have received a copy of the plans for review. 5. Letter in opposition to the project from Mino and Rajiv Mathur, date stamped February 27, 2003. 6. Letter from the project architect dated March 4, 2003. 7. Original submittal prior to revisions requested by staff. . 8. Windshield survey oftwo-story residences in the project vicinity. 9. Affidavit of mailing notices and mailing labels for project notification. Attachment 1 ~~~~~~ ,APPROVAL OF RESOLUTION NO. _ ~ , . , , CITY OF SARATOGA PLANNING COMMISSIQN STATE OF CALIFORNIA , Lotus &t Minho Shin, Property Owners; 14165 Victor Place , WHEREAS, 'the City of Saratoga Planning Commission,has received an application for design review for the construction of first and second'-story additions to an existing one-story residence; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to section 15302 of the Guidelines for the irnplementation of CEQA. This Class 2 exemption applies to the construction and location of limited numbers of new small facilities or structures. WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings have been determined: The proposed project implements the following Residential Design Policies: • The second-story building line is recessed at every elevation. • Elements which reduce bulk and break up mass of the proposed residence include multiple low-pitched gabled and hipped rooflines, receding building lines, and balconies. • The proposed second-story does not extend over the entire footprint of the first floor. • A mixture of materials including horizontal wood siding, and stone veneer reduce mass and bulk of the proposed residence. • Natural materials are proposed including horizontal wood siding, and stone veneer. • The proposed materials will blend with the natural environment and existing residences. Existing vegetation is preserved and integrated into the proposed project. • No trees are proposed for removal. • The applicant has submitted several letters which indicate the plans were circulated to homes in the project vicinity for review. • The windows located in the landing, master bed, and master bath be obscure or clerestory windows (narrow windows installed above eye-level). • The balcony located on the rear of the proposed 7esidence shall be removed from the proposed project. 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, application #02-259 for design review approval is hereby granted subject to the following conditions: 6~~'a~~.s~",7 Application No; 02-259; 1~VictorPlace COMMUNITY DEVELOPMENT ' 1. The windows located in the landing, master bed, and master bath be obscure or clerestory windows (parrow windows installed above eye-level). 2. The balcony located on the rear of the proposed residence be removed from the proposed project. 3. Four sets of complete construction plans incorporating this Resolution and the City Arborist Report as a separate plan page shall be submitted to the Building Division prior to submittal for building permits. 4. The site survey shall be stamped and signed by a Registered Civil Engineer or Licensed Land Surveyor. 5. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans." 6. Submit grading and drainage plans to the public works department for review. 7. Storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction -Best Management Practices. 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. 8. Landscaping shall be installed. prior to granting final occupancy inspection. CITY ARBORIST 9. All recommendations in the City Arborist's Report shall be followed and incorporated into the plans. FIRE PROTECTION DISTRICT 10. All development review conditions from the Saratoga Fire Department shall be followed and incorporated into the plans. CITY ATTORNEY 11. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City of held to be liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must be commenced within 24 months or approval will expire. L?~5}~®8 Application No. 02-259; ~SVictorPlace . Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. ~ ' Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City . . Code, this Resolution shall become effective fifteen days from the date of adoption ' PASSES AND ADOPTED by the City of Sa~'atoga Planning Commission. State of California, , the 12th day of March 2003 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 Attachment 2 SARATOGA FIRE 408 867 2780 12!19/02 03:40pm P. 002 ~._ ;. . 1 I SARATOGA FIRE DISTRICT REVIEW AND COMMENTS FOR PLANA'ING DEPARTMENT meant NOT APPLICABLE', ' i #: 02-259 DATE: December 19, 2002. # OF LOTS: ONE SI3IN LOCATION: 14165 VICTOR PLACE 1: Water supply and access for fire protection are acceptable. 2: Property is located in a designated hazardous fire area. 3: Plans checked for weed brush abatement accessibility. 4: Roof covering shall be fire reiazdant, Uniform Building Code Class A prepazed or built-up roofing. Re-roofing less ilaan 10% shall be exempt. (Ref. Uniform Fire Code Appendix 3, City of Saratoga Code 16-20:210.} 5: 'Early Warning Fire Alarm System Shall be installed and maintained in accordance with the provisions, city of Saratoga Code Article 16-60. (Alternative requirements, sprinkler systems, 16-60-E.) 6: Eazly Warning Fire Alarm System shall have documentation relative to the proposed .installation and shall be submitted to the fire district for approval. 7: Automatic sprinklers shall be installed in newly constructed attached/detached gazages (2 heads per stall), workshops, or storage areas which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall have a smooth, flat, horizontal ceiling. The designer/architect is to contact San Jose Water company to determine the size of service and meter needed to meet fire suppression and domestic requirements. (City of Saratoga Code 16-15.090 [I]) NOTE: AADITION TO BUILDING GREATER TFIAN 50% OF ORIGINAL SIZE. $~ All fire hydrants shall be located within 500' from the residence and deliver no less than 1000 gallons/minute of water for a sustained period of 2 hours. (City of Saratoga Code 14-30:040 [C]) 9: Automatic sprinklers are required for the new sq. ft. residential dwelling. A 4-head calculated 13R sprinkler system is required. Documentation of the proposed installation and all calculations shall be submitted. to the fire district for approval. The sprinkler system must be installed by a licensed contractor. shin-141 G5 victor pl.wpd Y3'~J'~F.1'~~ SARATOGA FIRE 406 867 2780 _ 12/19/02 03:.40pm P. 003 ... ~~ 2 -Building Site Approval Check List #: 02-259 10: Pine hydrants: developer shall iristall fire hydrant(s) that meet the fire district's specifications.. Hydrant(s) shall be installed and accepted prior to construction of any building. 11: Driveways: All driveways shall have a 14' minimum with plus 1' shoulders. Secondary Access not required A: Slopes from 0% to 11 % shall use a double seal coat of O & S or better on a 6" aggregate base from a public street to the pzoposed dwelling. B: Slopes from 11% to I S% shall be surfaced using 2.5" of A.C. or bettez on a 6" aggregate base from a public street to the proposed dwelling. C: Slopes from 15% to 17% shall be surfaced using a 4" PCC concrete rough surfaced on a 4" aggregate base from a public street to the pzoposed dwelling D: Curves: Driveway shall have a minimum inside radius of 21'. E: Turnouts:. Construct a passing turnout 10' wide and 40' long as required by the fire IM district. Details shall be shown on building plans. N/A 12: Turn-arounds: construct aturn-around at the proposed dwelling site having a 33' outside radius. Other approved types must meet the requirements of the fire district. Details shall be shown on the building plans and approved by the fife district. ] 3: Pazking: Provide a pazking area for two emergency vehicles at the proposed dwelling site or as required by the fire district Details shall be shown on building plans. N~ 14: Security Gate: Gate width shall not be less than 14'. Gate access shall be through a Medeco lock box purchased from the fue department. Details shall be shown on building plans. 15: Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic loading. 0'l, shin-14165 victor pl.wpd I~VQ~-~~ • ~~ ~. Attachment 3 k~3~~.1~--e a~.~ 'TREE SURVEY AND PRESERVATION RECOMMENDATIONS AT •, THE SHIN PROPERTY 14165 VICTOR PLACE SARATOGA Prepared at the Request of Kristin Borel , Community Planning Dept. City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Site Visit by: Michael L. Bench . Consulting Arborist February 3, 2003 Job #01-03-012 Plan Received: 1.28.03 Plan Due: 2.20.03 ~1 U BARRIE D. COTE 'and'ASSOCIATES Horticu[ural Consultants 23535 Surnrnit Road Los Gatos, CA 95033 408!353-1052 ~~r'i! E~si7 TREE SURVEYAND PRESERV RECOMMENDATIONSAT THESHINPROPERTY 2. 14165 VICTOR PLACE SARAT~ .• Assignment ~ ~ ' At the request of the Community Development Department Planning Division, City of Saratoga, this report evaluates the trees at the Shin property located at 14165 Victor Place, Saratoga, in the context of potential damage during.proposed construction. This ~~ teport rates the condition of the trees on site that are protected by .City of Saratoga ' ordinance. Recommendations are included Ito mitigate damage to these trees during • construction. ' The plans reviewed for this survey are the Construction Plans prepared by HL Design, . Inc., Saratoga, Sheets Al.l, A 2.1, A 2.2, A 23, A 3.1, A 3.2, DL 1, D2.1, dated 11-13- 02, and the Topographic Map prepared by SMP Engineering, Sheet T-1, dated August 17, 2002. Summary The proposed construction may expose 5 trees to some level of risk. No trees are to be removed by implementation of this design. If any trees are removed or significantly damaged during construction, they should be replaced at their calculated values with specimens native to this area- Procedures are suggested to mitigate the damage that would be expected to the retained trees. • A bond equal to 50% of the value of Tree #1 combined with a bond of 30% of the total values of Trees #2-5 is recommended to assure their protection. Observations There are 4 trees on this site and ]tree located on the adjacent property toward the north that may be damaged by proposed. construction. The attached map shows the location of these trees and their approximate canopy dimensions. The 5 trees are classified as follows: Tree #1 - Deodar cedar (Cedrus deodara) Trees #2, 3, 4 -Holly leaf cherry (Prulms ilicifolia) Tree #5 -Pacific madrone (Arbutus menziesii) The particulars regarding these trees (species, trunk diameter, height, spread, health, and structure) are provided in the attachments that follow this text. The health and structure of each specimen is rated on a scale of 1 to 5 (Excellent - Extremely Poor) on the data sheets that follow this text. The combination of health and structure ratings for the 7 trees are converted to descriptive ratings as follows: L PREP~LRED Bp: AfrCHAtL L. BENCH, CONSULTING.9RBORIST FLBRUARY 3, 2003 TREESURVEYAND PRESERY RECOMMENDATIONSAT THE SHINPROPERTY 1416517CTOR PLACE SARAT~ Exceptional S ecimens Fine Specimens Fair Specimens Marginal S ecimens Poor Specimens 1,5 3,4 2 • Exceptional specimens must be retained at any cost and, whatever procedures are needed ' to retaiq them in their current condition must be used. ' '' Fine specimens must be retained if possible but without major design revisions. Mitigation procedures recommended here are intended to limit damage within accepted horticultural standards in order to prevent decline. Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. Tree #1 is indeed an exceptional Deodaz cedar (C. deodara). This tree has a trunk diameter of 37 inches at 54 inches above grade and 39 inches at 2 feet. Its height is approximately 95 feet, and its spread is approximately 60-65 feet. The overall form is pyramidal. Its branching is uniformly distributed on all sides. The color is rich, blue green. The annual branch tip growth for several years has been approximately 6 inches, which is good for a tree of this maturity. In short, this tree is outstanding. It is one of the best large Deodaz cedar specimens that I have seen in this area. Risks to Trees by Proposed Coustruction None of the 5 trees should not be significantly damaged by,construction, if they are protected by fencing during the entire construction period. It would be essential not only , that protective fencing be provided, but this fencing must be rigorously maintained during construction. However, Tree #1, the exceptional Deodar cedaz (C. deodara), would be exposed to significant root loss if the existing features are upgraded, repta~, or altered, such as: l . The existing retaining wall between the lawn and the street along Victor Place. 2. The existing pathway to the front :door and/or the steps near the street at Victor Place. 3. The existing pathway, which extends from the front pathway around the southeast corner of the residence. 4. The existing embankment on the east side of the trunk of Tree #1 between the trunk and the paving of Victor Place. The plans do not show that the hazdscape features at these locations would be removed, replaced, or altered, but it would appeaz likely that upgrades of these features would be considered desirable. Due to the significant risk to the roots of Tree #1, I believe that this cannot be left ambiguous, and that the plans must state the intent, including any landscaping, regarding the entire area inside the dripline of Tree #1. PREPARED BY: MICHAEL 4 BENCH. CONSULTING ARBORIST FEBRUARY 3, 200? • "`~j+d.i'V EJ'.Y.`9 7RL•ESURI~EYAND PRESGRr"A'~RECOMMF_NDATIONSAT THE$HINPROYERTY • ~ 4~ ' 14765 67CTOR ALACE S~lliATOCin There are exiting shrubs inside the dripline of Tree #I. They ate creeping juniper shrubs (.Irirriperus horizontalis) and a Firethorne (Pyracantha species): If it is desirable to rerrib4e or to replace these shrubs, it would be essential that they not be torn out by the roots with large equipment. The shnrbs to be removed must be cut off at the soil grade ' leaving the root system undisturbed in the soil. The cut surface of the'stump of each shrub could be panted with an herbicide to assure that it does not re-sprout from the, stump. ~ ' It appears that all of the 5 trees may be at risk of damage by construction activity and construction procedures that are typical at most construction sites. These procedures may ' include the dumping or the stockpiling of materials over the root systems, may include the trenching across root zones for drainage, for new utilities, or for landscape irrigation, and may include constant construction traffic, including foot traffic, across the root systems resulting in soil compaction. If any underground utilities must be replaced or upgraded, it will be essential that the location of trenches must be planned prior to construction and that the trenches are located exactly as planned. This must not be left up to contractors or to the utility providers. Due to the site conditions, which provides for a somewhat limited growing space of the root system of Tree #I, I believe it will be essential that Tree #I receive supplemental irrigation during construction, assuming construction would occur during the dry season. Supplemental irrigation means in addition to the annual rainfall. Recommendations 1. I suggest that construction period fencing be provided and located as noted on the attached map. Fencing must be of chainlink, a minimum height of 5 feet, mounted on steel posts driven 2 feet (minimum) into the ground. The fence must be in place prior to the arrival of any other materials or equipment and must remain in place until all construction is completed and given final approval. The protective fencing must not be temporarily moved during construction. Fencing must be located exactly as shown on the attached map. The contractor(s) and the owner must be made aware that refund of tree protection bonds are based on the correct location and dedicated maintenance of these fences. 2. Supplemental irrigation must be provided to Trees #I during the dry months (any month receiving less than 1 inch of rainfall). Imgate with 10 gallons for each inch of trunk diameter every 2 weeks throughout the construction period- One alternative may be the use of a simple soaker hose, which must be located near the dripline for the entire canopy circumference. 3. A fu114-inch layer of coarse wood chips must be spread over the entire root zone of Tree #1. Spreading of the chips must be done by hand. Chips must be 1/2 to 3/4 inch . in diameter. One supplier is Reuser Inc., 370 Santana Dr., Cloverdale, CA 95425, (707) 8944224. PRF_PARED 6Y: MICHAEL L. BENCH, CONSULTING AI2BORIST FEBRUARYS, 2003 ~~~i~~~ TREESURVEYANU PRESERY~RECOMMENDATIONSAT 7YIE SHINPROPERTY • 141,65 VICTOR PLACE SARATOG ' 4. If the steps, the pathways, or the retaining wall inside the dripline of Tree #1 must be .removed, they mustbe removed by hand. The soil beneath these features or adjacent to these features musYnot be disturbed. ' ' S. There must be no grading, trenching, or, surface scraping inside the driplines of ' retained trees (either before or after the construction period fencing is installed or 'removed). Where this may conflict with drainage or landscape irrigation requirements, the city arborist must be consulted. 6. Trenches for any utilities (gas, electricity, water, phone, TV cable, etc.) must be located outside the driplines of retained trees.-For any tree where this cannot be achieved, I suggest that the city arborist be consulted. , 7. Any old irrigation lines, sewer lines, drain lines, etc.,'under the canopies of the existing trees, if unused, must be cut off at grade and left in the ground. 8. Excavated soil must not be piled or dumped (even temporarily) under the canopies of trees. ' 9. Trenches for a drainage system must be located outside the driplines of Trees #]-5. For any tree where this cannot be achieved, the city arborist must be consulted prior to trenching. ]0. Materials or equipment must not be stored, stockpiled, dumped inside the driplines of trees, or buried on site. Any excess materials (including mortar, concrete, paint products, etc.) must be removed from site. ] 1. Any pruning mustbe done by an International Society of Arboriculture (ISA) certified arborist and according to ISA, Western Chapter Standards, 1998. 12..1 recommend that the landscape plans or any renovations to the landscape, whether formally proposed on a plan or not, contain the following ]imitations: a. Landscape pathways and other hardscape constructed under the canopies of trees must be done completely on grade without excavation and without the severing of .roots. b. Landscape irrigation trenches (or any other excavations), inside the canopy driplines of trees, mustbe no closer than ] 5 times the trunk diameter, if the trenching direction is across the root zone. However, radial trenches (i.e., like the spokes of a wheel) may be done closer if the trenches reach no closer than 5 times the trunk diameter to the tree's trunk, and if the spokes are at ]east 10 feet apart at the perimeter. c. Sprinkler irrigation mustbe designed not to strike the trunks of trees. PREPAREDBY: MICHAEL L. BENCH, CONSULTING ARBOR/ST FEBRUARy3, 2003 ~~ LJ C~ ~'~~e~? 8 TREESURVEYAND PRESERY~RECOMMENDATIONSAT THESHINPROPERTY • 14/65 Y/CTOR PL9CE SN2AT0 • ~d: 'Lawn or other plants that require frequent watering mt5st be limited to a maximum of 20% of the entire root zone and a minimum distance of 7 times the trunk , diameter away from the trunk (or 22 feet) of Tree # 1. Any irrigation inside this ' area must be of a drip type, and any, driplines must be installed on top of the soil surface, and covered by chips. e. Bender board or similar edging material must not be used inside the driplines of existing trees, because its installation requires trenching of 4-b inches, which may result in significant root damage. f. I suggest that the species of plants used in the root zone of Tree #1 must be compatible with the environmental and cultural requirements of this drought tolerarit species. g. Landscape materials (cobbles, decorative bark, stones, fencing, etc.) must not be installed directly in contact with the bark of trees because of the risk of serious disease infection. Value Assessment The values of the trees are addressed according to ISA standards, Seventh Edition. No trees are planned to be removed. However, if any trees are removed or significantly damaged during construction, I recommend that their full value be replaced. I recommend that a bond equal to 50% of the value of Tree #1 ($i 8,570=$9,285) be retained combined with a bond equal to 30% ofthe values of Trees #2-5 ($3,582=$1,075) for a total bond of $10,360 to assure their protection. Respectfuliy sub Michael L. Bench, Associ~at~e c~ ~~:>~a/~L4.~ C.o~ Barrie D. Coate, Principal MLB/sl... Enclosures: Glossary of Terms Tree Data Accumulation Charts Tree Protection Before, During and After Construction Protective Fencing Radia] Trenching Beneath Tree Canopies -Map PREPARED B}'t d41CHAEL L. BENCH, CONSULTING ARBORIST FEBRUARY3, 2001 N~o M N Q M C ~ ~k w .O i •i d R O y w tip C-1 N h v ~~i .~ O ~--~ .~ d ~. (cA urooroa lrnawaa a E lrnOW321 ON3WW00321 N m ~ m A > '~ n m m > ~ N m m > m $ _ A > E ______________________________ _ ______ ~ . ._____ _ _____ _ ___._ ~ _ _____ ~ ~ 213ZI1LL2J3j S033N p o w o w o p o p ' (S L)?131rM S033N " n x x n o 0 0 0 (S l) 3Sr3S10 2lrTOU 1002! $ n n n n E ar _ ___________~__~..____ (s-A a32a3no~W2100'1002! ~ -__ ~ ___~_ ~ _____ $ x a x X ~ X X X o ____.__.___~_______~ _ _- __ ____ a` (S l)Ar030 NNfkll m _____ _____ (s()aooMar3a ~ ~ ~ ______ ~ ~ ______.______________ ______ 17 -__ ___ ~ - ._____ N u (S-t) 3Stl,3S10 NMO2l0 3321! w p w p p (S L)S103SNI " " " " ° (S-L) /.112HJ12Jd ONINf121d $ n ~ ____. ~ $ n _ ,t 03033N S319r0 9 9 C C C ~ ~¢, ~~~~ u c 1H013M-0N3 3AOW32f X X x x B ONISIrN NM0210 ' V ____-__________-_______ _ _ __ _____ c c NOLLrilOlS32J NM0210 w ~ N O N N ('l a ONINNIHL NM0210 N Q w w w n ~ ONINr3l0 NM0210 " n n n n (6S) 0NLLr2! 02lYLr21 $ ~ ~. $ ~ $ z _ (Ol-Z) ONLLdN NOLL10N00 N a ° ~ e7 a n ~ N ~ 9 ~ Y ___ U ___ U u j ---~_ ___ (SL) 32ffll0f12llS ~' x N x N x N x X ~ Or321dS $. ro 0 N $ N $ '~ ~ N '~ $ n o -~ 1H013H 1~ p1 N N p N _ N p N N p N ~ p N .~ Q p 133d~2l313WV10 m x ~ n m u ~ n ~ n E ____.__-__-_._~_..___ d _ -___ c _ ____ c _ _____ ~ _ ~ - °1 H90 v 7 ` N ` ~ v tl .. d H90 N p N O N _______ O `~ N N ~ X m X n X X X W3ISASLLlf1W x x x ________epe~8 an__ a _______________ aQ UI-V $)H90 _______ M o __.____ m ~ ______ m _ $ _______ m ~ _N __ ~ n _ c c c c c W VJ N N Q H ~ < ~ ~ m E E a a~ O [~v y O N W ~ x Q$ u~ U a OL ^. ~ `q a ~ ~ " L U ~ ! ~ e L U L U O v` m m . . Q C m A U m ~ ~ O ` °m J ~ m J m J f ~ ~ q ~ _ c - _ 0 .9p ~~Eje x a x x a d ~~ ;ii m N fil O N Y ~ o 3 fl H N W W '+ N 8 O ~ ~ ~ ~ j II II 1 X X W e~p ? ~ {LP.~"~ N l~'f N p IH O ~ O~ V `~'» ° i.] II O O O W A J] ? .O ~i N N ~ n `ll"/VV "-~V Tree Survey and Preservation Recommendations at the BARRIE D. COATS and ASSOCIATES Shin Property, 1x165 victor ~e taoel353iosz 135355u~md Road Prepared for: , Los C#os,G 95IXi0 City of Saratoga, Planning Department HORTICULTURAL CONSULTANT Date: Feb 3, 2003 CONSULTING ARBORIST Job # 01-03-0IZ , Tree numbers correspond to evaluation charts. All dimensions and vee locations are approximate. ~~ o0 o.-e ~ _ O,e e ' , ~ 1~~ ,t ~~ ~ d ~ 0 : '' I i V ~ ' d Q / wE V +"' /~~ QQ ^~ ~- I , Y ))u lour' * ~~ 4 0 ~l ~ ~~° Zw~ w4 v ~~ '~ „z `' }d r l \ `- 1 ~ Q o.o 1 ~' 1 ~ ~ 9>n~/ ~ ~11 ~; ~ ~ ~v - - f`~r , r ~ s ~ .~ , r„~r v } ; 9 ~~, 1 ~ 9 1~ ' \ \ ,\ / ~ _ ~ ~ ~ 1 i i 1 1 ~'p ' ~ „ „ ~ •. w e o AvmN~ao 3 ~ . . r . ~ -------- ~°l --- e - ns ~ 1 y 7.OO.IS,gg3 ~ 1 11 ~` ~s~ U ~0. n~ r. ~'C ~~ Q H( 2 V Q h `t N 3DYHY'J 1 N39b1'Qv PAGE 91 1 ' f , ~'! ~ ~ `` L ', v w \ , ,~ b ~~ d , ~+ b L s ; ''" ,$ 1` 1 ,`~ ~~ ~ ~ , i ~ ~ ~ •~ -- - --+-'----1- r ~ 1 s 0 s 1 ^ 1, Y/~~ I Attachment 4 ~~~:}Y~~ a,~;F ; HL nesign, Inc. ~ "~'~' Architecture • Planning • Site Development ' • ~~ To: ~ City of Saratoga Community Development Department' Planning Division ' Project: 14165 Victor mere, Saratoga, CA /ace I have provided the property owners an opportunity to review the plans dated September 19, 2002 for 1,183 sq. ft of second story addition construction project at 14I65 Victor Lane. Name Address Date ' "ilG~~lrt'~ 5~1y~rian ly/~.o 1/tfjo;~ ~` . j/Z `/'~ z.- . • I hereby certify that the foregoing is true and correct. Dated: y/2~/~p~Z% ~ Signature: ~l G ~%~ Name: /7l L- ~la z_° ~ S.~Jt; ~m G ~ • 6601 Owens Drive, Suite ]O5, Pleasanton, California 94588 Tel: (925) 460-0881 Fax: (925) 460-0991 ..~~~ ~ ~Q ~~7f~~~a? ~-zt HL Design, Inc. "~ = Architecture • Planning • Site Development To; City of Saratoga Community Development Department ' Planning Division Project: 14165 Victor , Saratoga, CA place I have provided the property owners an opportunity to review the plans dated September 19, 2002 for 1,183 sq. ft of second story addition construction project at 14165 Victor Lane. Name Address Date ~/I/~TNV~ iN18s` Vaclva-~luc¢. ~ QI~gIo2_ Sara-l~o~t ~ e.t4 a.ro`t~e I hereby certify that the foregoing is true and correct. Dated: '~124Ca2 Signature: ~~,~'`~ Name: N3ivr~~sµt M~Ttev~ 6601 Owens Drive, Suitc 105, Pleasanton, California 94588 Tel: (925) 460-0881 Fax: (925) 460-09(91 ( ~ny^ W ~Q~'IC:i7 ;~ "_ 9rchitccu[rrc • Plannin; • S}ie DevelupmcYn ' ,~ `t ,~ , ,t. f i 1: ' To: City of Saratoga '. Connr.ttnity Devsrlopment Department ' ~. ~ Planning Division :~ ~ r , F' ~ Project: 14155 1'ietore, Saratoga, C A f ~7/acL ~ , °~ ].have providedthe property owners at; eppurturity to revien~ tha plans dated September 19, 2002 for t ,1 fi ~ sq: t~of second 5torr~ addition constntction project at ] k 1 G~ Victor , Lane. Y{~. C xr' Fi Name ' ~~ A rass i 5160 ff/ 1 herei~y certify that the fo;~eg!:i^,5 [> '..,.. a_nd correct. ~, Fated: //~~ Signature: /~%~~~~ Name: ~`h~ I/_ 66b i r~4'c;h D: i~ c. Sc .z i 95, P`F.~35anion. C~~ i .,,. ?S~t' Date 9/~9/a ~ ?'ci~.. ':.9=$)at~; i1K-;~ I:i ~: iy '~tu F.fF~PFuF~6ci 1 -v:i • Attachment 5 o~~~oa~~ FEB 2 7 2003 D CITY OF SARATOGA ^OMMUNITY DEVELOPMEN? ~.. • ~. .. • Attachment 6 ~~~~_ Mar 04 03 01:13p HLDesign, Inc 925460-0991 p.l , l__J i s « ~: 1 lil resign, Inc. ~ ~ , ;~~~~~ , Architecture • Planning • Site Development ~ ~ ' ~, , "Nlazch 4, 2003 ' ' Ms Christine Oosterhous ~ , Associate Plar}ner City of Saratoga 18777 Fruitvale Avenue Sazatoga, California 95070 Re: Second story addition for 14165 Victor Place, Sazatoga ' Ms Oosterhous, , I contacted "Mr. Rajiv Mather" who is owner of 14185 Victor Place which is rear property of proposed project regarding their concem to the design of proj ect. Per their memo to you was a concern regarding the window size of reaz side which will face to their property. But he had changed his opinion and he is against to the second . story itself. If his concem is only the design or privacy matter, I tried to resolve prior to the public hearing but in this case we can not have any solution for his objecfion. '. In any case, I like to inform you that I tried to solve any problem with the neighbors. .: If you need more concem toward to this project, please let me know. ~ - ~.- . Sincerely, ,~ ^ ~~ l r~ Hayoung Lee Project Architect HL Design, Inc 6601 Owens Drive, Suite 105 Pleasanton, CA 94588 925-460-0881 925-460-0991 fax • 6601 Owens Drive, Suite 105, Pleasanton, California 94588 Tel: (925) 460-0881 Fax: (925) 460-0991 ~ ~~~.."6r.7 Attachment 7 ~~a~~~® ~ ~. t 1 I } MwLu l"- ~ I S %, E! x BUILDING EXTER]OR TR7M /COLUMN Rf LL1"-M IN)R1, iI FF RA ROOF EAGLE~CHARCOAL vmynlh 56A Gx M1ervh.4M ~ ~ SUPERSEDED .q,m SHIN RESIDENCE Hl Dwlgn Inc ~ ~ .~ Second Story Addition ~°"' "'~ '" , . 14165 Victor Place r~i o.~,a s los ~.0 5 v r.. TA. 1935) EO-0MI `- Saratoga ,California 95070 ~ 5) ~ ~0~~. Attachmen t8 4t ~~S...B6 SIG _i • AVE. 4 w a Windshield Survey of~ „ Two Story Residences ' in the , Project Vicinity W LN; • ~I~I i - _ -i ~~. Project Site 14165 Victor Place ~ ~/I ~~ ' / Legend Two story application approved • Existing Two-Story Residence: Attach ment 8 • ~Q`U',~~ ~, AFFIDAVIT OF MAILING NOTICES ,STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CIARA ) I, C `'1 Y 1 ~ ~ h ~ 0~~~ ~~ ~~, being duly sworn, deposes and says: that I, am a citizen of the United States, over the age of I8 years; that acting for the City of Saratoga Planning Commission on the ~ day of F G~~Yu Gt 2003, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached,hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) • that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the Ciry 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. __ `" ~ _ _ Signed • ~ ~~fxv~ City of Saratoga • Community Development Department 13777 Fruitvale Avenue Saratoga„CA 95070 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 12`h day of March 2003, at 7:00 p.m: in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA .95070. Details are available at the Saratoga Community Development Department, Monday through Friday 8:00 a.m. - 5:00 p.m. , APPLICATION #02-259 (397-27-010) -SHIN; 14165 Victor Piace; -Request for Design Review approval to construct first and second story additions to an existing one-story single- family residence. The total floor area of the proposed two-story residence and attached garage is 3,023 square feet. The floor area of the first floor is 1,974 square feet and the second floor is 838 square feet. The maximum height of the proposed residence is 24 feet. The lot size is approximately 10,197 square feet and the site is zoned R-1-10,000. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you maybe limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of -date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christine Oosterhous, AICP Associate Plarmer 408-868-1286 • ~~O~~f Saratoga Planning Commission Minutes of March 12, 2003 AYES: Garakani,;Jackman, Kurasch and Zutshi ATTACHMENT C ' NOES: Hunter • ' ' ABSENT: Barry and Roupe ABSTAIN: None. Commissioner Hunter said she wjll vote for the prpject although she hates to lose the Bell; Tower, Commissioner Kurasch asked if it is possible to cap the venue uses of the site. Director Tom Sullivan said that staff could monitor complaints that arise as a result of venue use of the facilities. Chair Jackman proposed an added Condition to require review of the site use six months following completion of construction with a report back to the Planning Commission. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Zutshi, the Planning Commission granted Design Review and Use Permit Approvals (DR-Ol- 035/L1P-01-013) for St. Andrews Parish and School with the Conditions of Approval as modified by the mitigation measures from the Mitigated Negative Declaration, ' by the following roll call voter AYES: Garakani, Hunter, Jackman and Zutshi NOES: Kurasch ABSENT: Barry and Roupe ABSTAIN: None *** Chair Jackman called for a break at 10:55 p.m. Chair Jackman reconvened the meeting at 11:02 p.m. prior to the return of Commissioner Garakani. *** PUBLIC HEARING -ITEM N0.3 APPLICATION #02-259 (397-27-0101 -SHIN, 14165 Victor Place: Request for Design Review Approval to construct first and second story additions to an existing one-story single-family residence. The total floor area of the proposed two-story residence and attached garage is 3,023 square feet. The maximum height of the proposed residence is 24 feet. The lot size is approximately 10,197 square feet and the site is zoned R-1-10,000. (CHRISTINE OOSTERHOUS) Planner Christine Oosterhous presented the staff report as follows: • Advised the applicant is seeking Design Review approval to allow a first and second story addition to an existing single-story residence for a total of approximately 3,000 square feet. • Stated that the maximum height would be 24 feet and that the 10,000 square foot lot is zoned R-1- 10,000. • Said that the proposed architecture is aCraftsman-style. Saratoga Planning Commission Minutes of March 12, 2003 Page 26 Informed that one letter in opposition was received from the adjacent rear neighbor. ' • Recommended approval with the removal of th'e rear balcony. Commissioner Hunter asked how an obscured bedroom window could be imposed. Said that one does not usually see that except for bathrooms. Note: Commissioner Garakani returned to the dais at 11:07 p.m. Commissioner Hunter asked for the height of the entry. Planner Christine Oosterhous replied 14 feet, 6 inches, which is similar to the garage. Commissioner Hunter asked for the height of the house. Planner Christine Oosterhous replied 24 feet. Commissioner Hunter asked for the entry height. Planner Christine Oosterhous replied 14 feet, 6 inches and ,added that the style is not authentic Craftsman. Commissioner Kurasch asked about a landscape plan. Planner Christine Oosterhous replied that there is none as the applicant proposes to maintain the existing front lawn. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 11:10 p.m. Mr. Lee, Project Architect: • Stated that with the elimination of the rear balcony, they would lose the balance in the design and that he may have to redesign the roof again. Commissioner Garakani asked whether the balcony was for design or for function. Mr. Lee: • Said that he knows the rear neighbor objects. • Said that they had contacted the neighbor before and no objection was raised. • Said that the footprint of the house does not change. • Added that they want to preserve a huge tree at the front of the house. Chair Jackman asked if this is the big Cypress. Mr. Lee said that there will be no adverse impacts on trees, they will be protected. Commissioner Hunter said that there is no good screening at the back of the property. Mr. Lee said that they cou]d provide landscaping trees. Saratoga Planning Commission Minutes of March 12, 2003 Page 27 • Commissioner Zutshi asked if Mr. Lee spoke with th'e neighbors. , i j Mr. Lee relied that they showed them the plans. ~ , Commissioner Zutshi asked ifthey le$ plans with ,the neighbors. Mr. Lee said no but ifthey had asked for a set he would have provided one. Commissioner Zutshi asked Mr. Lee if he gave the neighbors sufficient time to review thesq plans. Mr. Lee said that they made contact with the neighbors before the final plans were,even completed. Chair Jackman asked for the distance between the upstairs space to the property line. Mr. Lee replied 25 feet from the property line to the bedroom windows and 40 feet to the bathroom' window. Mr. Rajiv Mathur, 14185 Victor Place, Saratoga: • Said his home is right behind this property. • Said he submitted a letter and a petition from neighbors. • Said that he learned about plans for an addition when the applicant came to make them aware of their plans to remodel without their having actual plans to review. • .Said he signed a receipt acknowledging his understanding that an addition was proposed. • Said that his bedroom and backyard would be severely impacted by a second story addition. • Said that currently a very low fence separates the properties. , • Said that there used to be landscaping in place but it was removed by the current owners. Bushes and fruit trees had served as a visual bamer at approximately six to eight feet in height. Chair Jackman asked Mr. Mathur if he has thought of planting trees. Mr. Rajiv Mathur replied that he has planted bushes that should grow to about six feet but that he does not want to obscure all sunlight from his property. He recommended a redesign of the remodel to a single-story home. Ms. Lotus Shin, Property Owner/Applicant, 14165 Victor Place, Saratoga: • Advised that she had asked her rear neighbor if he wanted to install a fence but he declined. • Said that lots of houses in the area have been approved for second story additions. • Said she went around the neighborhood to discuss her plans and assured that the value of the property and the neighborhood would be improved with her home remodel. Commissioner Hunter asked Ms. Lotus Shin about the requirement for obscured windows. Ms. Lotus Shin replied whatever is necessary to get this project approved. Commissioner Hunter asked about the suggestion to eliminate the balcony. Ms. Lotus Shin said that she would like to keep this balcony. Saratoga Planning Commission Minutes of March 12, 2003 Page 28 Commissioner Garakani said that perhaps it does •not have to be removed but simply to have no 2ccess to it. . Ms. Lotus Shin said that it would look much nicer with the balcony. Chair Jackman asked about putting trees in along the back fence. Ms. Lotus Shin said that she had originally planted about $600 in trees but her renters did not take care of them and they died. Chair Jackman asked Ms. Shin when she purchased this house. . Ms. Lotus Shin replied February 2002 but that she rented it out for about 9 months so that it would not 60 empty. , Chair Jackman asked Ms. Shin if she would plant more landscaping. Ms. Lotus Shin replied of course that she certainly has to do so. Commissioner Kurasch said that although the house was already redesigned at the request of staff it still does not fit into the neighborhood. Asked Ms. Shin if she would be willing to lower the entry. Ms. Lotus Shin said fine. Commissioner Kurasch said she wants to support staff', s recommendation to remove the balcony. • Ms. Lotus Shin said that instead of a flat wall, the balcony would look much nicer. Commissioner Kurasch asked staff why it is recommending removal of the balcony. Planner Christine Oosterhous replied to deal with privacy impacts. Commissioner Garakani suggested a dummy balcony with no access as a means to provide architectural articulation while preserving privacy. Ms. Lotus Shin supported the suggestion of a stationary window instead of a door to the balcony. Mr. Lee said that the roof design would not work with a dummy balcony. Commissioner Hunter suggested a compromise on the glazing for the bedroom windows. Chair Jackman agreed that the neighbor could also plant screening trees to provide privacy. Mr. Lee said that his client can provide a fence and landscaping. Chair Jackman said that the neighbor next door can also install some landscaping. . Ms. Lotus Shin offered to pay the cost of installing the fence. Saratoga Planning Commission Minutes of March 12, 2003 Page 29 . Chair Jackrpari suggested the fence as Well as some trees. Ms. Lotus Shin reminded that she had offered to put a fence in before but the neighbor said no. ~~ Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 11:35 p.m.. Commissioner Hunter stated that Ms. Shin is being nice and that the neighbor also has atwo-story home that has looked down upon this house for a number of years: Suggested keeping the balcony. Chair Jackman agreed. Commissioner Kurasch suggested a reduction in the entry height since the applicant is willing to do ~so. Said that she does nqt like the balcony but can support it with obscured windows. ' Chair Jackman asked Commissioner Kurasch how much of a reduction she suggests for the entry. Commissioner Kurasch replied to eliminate the transom window and bring it down a couple of feet Commissioner Garakani said that neighbors have to work with each other and compromise to a point. Said that the balcony is small and cannot even accommodate a chair so it serves no function although the neighbor is sensitive to the potential for privacy impacts. Said he likes to see the balcony for • articulation and has no objection. Commissioner Zutshi agreed with Commissioner Kurasch about lowering the front entry and use of obscure glass in the upper windows. Could support the balcony as something to offer architectural interest and that will likely seldom be used. Commissioner Garakani said that obscuring the bedroom windows does not make any sense. Commissioner Kurasch said it still allows light in. Commissioner Hunter said she would not require obscure windows. Commissioner Garakani pointed out that these obscured bedroom windows could still be opened. Chair Jackman stated that both households could use appropriate window coverings to assure their privacy. Commissioner Hunter reminded that the privacy impacts between these two properties has been the reverse to this point with the other home being a two story looking over this currently one-story structure. Chair Jackman encouraged the planting of screening trees. Commissioner Kurasch reminded that the Code does not encourage landscaping for screening purposes. Chair Jackman reopened the Public Hearing for Agenda Item No. 3 at 11:45 p.m. Saratoga Planning Commission Minutes of March 12, 2003 Page 30 ', Mr. Rajiv Mathur advised that the windows on his home are located high. ' Chair Jackman reclosed the Public Hearing for Agenda Item No. 3 at 11:46 p.m. Motion:' Upon motion of Commissioner Hunter, seconded by Commissioner Garakani, the ' .Planning Commission granted a pesign Review Approval (Application #02-259) to , ' allow the construction of first and second story additions to an existing one-story single-family residence on property located at 14165 Victor Place, including the retention of the proposed balcony and requiring either obscured or clerestory windows on the second story overlooking the-rear neighboring property, by the following roll call vote: AYES: Garakani, Hunter and Jackman NOES: Kurasch and Zutshi , ABSENT: Barry and Roupe ABSTAIN: None *** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Library Tour Commissioner Zutshi advised that any interested Commissioners could schedule a special Library Tour. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 11:50 p.m. to the next regular meeting set for Wednesday, March 26, 2003, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk ,. March 25; 2003 RE~EI~!EQ APR 1 4 2003 TO: ~ Saratoga City Council ' Saratoga, CA. 95070 ~ ATTA~CHiVFl~'1lTT D RE: Lotus and Minho Shin, property'owners; 14165 Victor Place (Application #02-259) We the residents/owners of property at 14185 Victor Place, ask' that the remodel. application #02-259, for construction of first and second-story additions to an existing one-story residence at 14165 Victor Place be denied as proposed. We oppose the proposed plans as these do-not follow and implement the following very critical Residential Design guidelines. Control view to adjacent properties (Polk} 3 -pane 19, Residential Desig~uidelines handbook) Minimize second-story windows facing close nei hg boring_properties and to orient up er floor balconies towards large yard areas. Proposed addition has 2 large windows, at landing and at master bedroom looking right into our backyard and our first floor bedroom window. The proposed addition also has a balcony overlooking our side yard, back yard, a 1st floor bedroom window and a second floor bathroom window. The large very accessible windows and the balcony, in the proposal, will seriously compromise our privacy and reduce the desirability and value of our property. Even a small balcony will seriously affect our privacy. Balconies should face sides that have picturesque view, not a neighbor's house. As such asouth-facing balcony on the side of this residence would be much more appropriate than at its rear. The Planning Commission Staff in its March 12 staff report also recommended making the landing and master bedroom windows Page l ' obscure or clerestory AND removing the reaz balcony (Page 5, under Neighbor Concerns). The Planning Commission disregarded these recommendations when they,approved the balcony. Some members of the planning commission suggested that planting big trees at the fence could mitigate our privacy issues. ' However landscaping is a corrective measure to resolve already. existing problems. The first course of action should be to not create those problems. We have already planted bushes along the fence that will grow to 6' to 8'. These are not enough to provide privacy from 2"d story. Any trees larger than that on this eastern side of our property are undesirable, as they will block our exposure to morning sun, very crucial for healthy living. Besides it would take many years for any trees to grow to the height required to provide ' effective screen from 2"a story windows and balcony. There is not enough room for very large trees and as such these would close in the openness of our backyard. Please refer to the attached map. showing the window locations of the proposed house, and our existing windows. We live in a 2-story house but we are justified in opposing this proposal. Our house was built as a 2-story home in 1979. When we re-modeled in 1996, we followed all of the recommendations made by the city and all of its regulations. None of our 2"d story windows overlook the neighbors yard, bedrooms or bathroom. All the 2"a story windows facing this neighbor are set back between 12' to 15' from the first floor roofline. Furthermore, they are all inaccessible/above eyelevel. Our house is oriented towards west, the Saratoga- Sunnyvale Road. side, and all of our usable 2 story windows are at this side. At the time of purchase (1995) our expectation was that the property would remain private based largely on the fact that all neighboring properties within visual vicinity were single story. The neighbor's location cannot be compared to ours because-while we see the Saratoga Sunnyvale Road from our 2"a floor windows, • Page 2 Y I< they will bs looking directly at our' 15`' floor bedroom window and our'backyard. In summary: we request the city council to~reject the~proposed plan; and consider qne of the following recommendations to resolve our concerns: Remodel the 14165 Victor as a single story home, but add a basement. This is very typical design on our street. Several homes have recently been built (14180 Victor Place, 141,90 Victor Place) or are being built (20430 Walnut). This solution would eliminate all of our issues. OR ~J If this residence must be remodeled as a 2 story home revise the plans and move the 2"d floor bedrooms to the front of the house, and leave the 2"d floor open to downstairs in the rear.' OR A south-facing usable balcony replaces the rear balcony.`This would be compatible with the City Design Guidelines and give them a beautiful frontal view of the Saratoga hills. The window sizes at 2°d floor must also be reduced to 18" windows placed. above eye-level. Sincerely yours, ~; Minakshi Mathur c~,~ Rajiv Mathur Attachment: Site Plan for 14165 Victor and 14185 Victor Place Page 3 ,, ~. ' Y. Y ~ i 1 .~~ .". ; ~ ~ Y ` s Yk ~ , ~, ` 1^ T` ~~ i r, ~ ~~ \ l ,~ \ v~ f f' / lei . ~' _ ~ J i 1 ~~ 1.4. ._ _~~.. \V/ V 1. \ 1 `_ ,i ~ ~ / I {} e ' ~ ~ ~ . ~ ^ t : i , ~ r ~~._ :. , _ i .~ ~ ~ ~ ~~ .r ~ .y i J 1 ~ T- ~::: ~ ~ ' ~ _. ._.__._....~i ~ 7 .~ ~ (~ ~ ' ~ J ~ (\ _. /~ ~ , . J J ... ~ .r . ~_ _. ; ____ ._ ___ _, _._ .._ ._ .....~. ._w~ __._ __ __,._. ....._. ; - .._. ..^.__._._._. _ _._ . _ 1 _. , Z , ~ _- , ~ ~ y NL Design, Inc.` : _ ~'' ~. Architecture • Planning • Site Development ____ -.,_._.. ' ATT To. ~ ,City of Saratoga ACHIVIENT E Gotmnunity Development Department ' Planning Division Project; 14165 Victor , Saratoga, CA ' P/ace I have provided the property owners an opportunity to review the plans dated September 19, 2002 for 1,183 sq. ft of second story addition construction project at 14165 Victor ' Lane. Name Address Date f/IAtKV k- i~t18S" 'Vie}c7v' ~'IttG2 `~~2qI ©~. S'cL•r'~ogai ~F~ qS~ I hereby certify that the foregoing is true and correct. Dated: '~J2Q~0Z. t Signature: ~` ~ ,~^~',- Name: M3ti'~9 r~u s Kc ~tr~a~l u vf~- ~~ 6601 Owens Drive, Suite 105, Pleasanton, California 94588 Tel: (925) 460-0881 Fax: (925) 460-0991 ®®~24 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGER:~!% DEPT HEAD: `fir SUBJECT: APPEAL BY WILLIAM F. BRECK OF PLANNING COMMISSION DECISION GRANTING A VARIANCE FORA 25-FOOT LONG FENCE AT 14480 OAK PLACE (CUTLER RESIDENCE) RECOMMENDED ACTION: All parties related to the issue before the City Council have made ongoing disparaging remarks about the City Staff. I have investigated the appeal and am providing a report to the City Council, but I am declining to make a recommendation on the appeal. This seems to be the most fair and equitable path. I will put forth the facts as fairly and as impartially as possible. I believe there is evidence to support a decision to either grant or deny the variance request.. `Whatever the City Council's action is, the City Attorney and I will prepare a formal Resolution, with findings, and place that Resolution on the Council's Consent Calendar for the next regular meeting. REPORT SUMMARY: The Appellant is requesting the City Council overturn a Planning Commission approval of a variance to allow over-Code height for the 25-foot section of a proposed property line wall along the southeasterly side (adjacent to the GOLDMAN property) of the CUTLER parcel to be 6- feet tall. As this is within the "Front-Yard" of the parcel, the code restricts the height of fences in the front yard to 3-feet even. if the fence is along the side of the parcel. The location of the fence is shown on the next page. The City Code allows a maximum height of 3-feet; the request was to allow a 6-foot tall fence. This staff report describes the findings that must be made to grant a variance and the facts relevant to making that determination. The Variance Fyndings According to the City Code, the purpose of a variance is as follows: "The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Chapter as would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance. with a regulation shall not be the sole reason for granting a variance. The power. to grant variances does not extend to use regulations and any use which is prohibited under the regulations of this Chapter may not be authorized through the granting of a variance." In considering appeals, the authority to grant or deny a variance is passed on to the City Council. The hearing on the appeal to the City Council is de novo. 25-FOOT FENCE SECTION -o ss w - ~s ,oo ,asx -- - - T---- N w CUTLER ~. % 25-foot BRECK fence section GOLDMAN ;-~~, Both the Saratoga City Code and State law require that findings of fact be made regarding the granting of variances to the provisions of the Zoning Code. Subsections 15-70.060 (a), (b) and (c) of the Saratoga Code apply. 15-70.060 Findings required for granting of variance. The approving authority may grant a variance as applied for or in modified form if, on the basis of the application and the evidence submitted, the approving authority makes all of the following findings "(a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation 2 of 6 v s . would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (d) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element, which is inconsistent with the appearance of the immediately surrounding area. (e) If the variance is for any regulation pertaining to off-street parking or loading facilities, the Planning Commission shall make the following additional findings: (1) That strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site. (2) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets." Mr. Breck has provided written material with regard to his appeal. That material is provided as part of the ATTACHMENTS. Discussion of Mandatory Windings The maximum height for a fence in the front yard allowed pursuant to Saratoga Code section 15- 29.010 (b) is 3-feet. The Saratoga Code defines how height is measured in section 15-06.340. This section states, in part, ".... In the cases of fences, walls and hedges, the height thereof shall be measured by a vertical line from the highest point of the fence, wall or hedge to a point directly below at either the natural grade or the finished grade, whichever is lower. ...." It is noteworthy that the neighboring property owner, GOLDMAN, has a 6-foot tall chain link fence in this location. This area is the GOLDMAN rear. yard. The facts relevant to each of the required findings are discussed below. Saratoga Code section 15-70.060 (a). That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. Size -The parcel is 27,000 sq. ft. and is zoned R-1-10, 000. Parcels in the general vicinity range from 6,000 to 35,000 sq. ft. Shape -The parcel is a "flag"lot in a rather unusually designed subdivision that has access from both Oak Place and Saratoga-Los Gatos Road. Topography -The CUTLER property has a gentle slope and is approximately the same in • elevation than the GOLDMAN property. 3 of 6 Location -The most unique locational feature of the CUTLER parcel is that there are 10 • properties that are contiguous to it. This impacts the ability of the residents of the parcel to maintain privacy and screen rear yard garbage collection areas without a solid fence or wall. Additionally, the existence and location of the ingress/egress easements could also be cited as a unique feature. Surroundings -The general vicinity is comprised ofsingle-family dwellings. It is arguable that the only special circumstances that the CUTLER parcel has are the ingress/egress easement, the 12-foot offset in the property line and being surrounded by 10 other parcels. The Council needs to determine if the strict enforcement of the 3-foot fence height limitation in this location would deprive CUTLER from enjoying his property in the same manner as property zoned the same in the general vicinity. Staff has reviewed a map of the City and was able to find five examples where a single lot has five to nine contiguous parcels. All five of the examples. were flag lots. Staff was unable to quickly find a situation were there were ten contiguous parcels. .Even assuming there were twice as many examples, out of approximately 12,000 parcels in the City of Saratoga one could argue that ten such examples still could be considered a special circumstance. The Planning Commission found that the fact that the CUTLER parcel is surrounded by 10 other parcels constitutes a special circumstance. It further determined that this circumstance does not necessarily deprive the Applicant of privileges enjoyed by owners of other properties in the vicinity. Whether the CUTLERS are thereby deprived of privileges enjoyed by other owners of property in the vicinity is cleazly a judgment call within the discretion of the Council. The Planning Commission found that there aze special circumstances applicable to the property as to which the strict enforcement of the height limits for walls would deprive the Applicant of privileges enjoyed by owners of other properties in the vicinity and classified in the same zoning district in that the surroundings of the Applicant's property include a gazbage collection area on the adjacent GOLDMAN property. Saratoga Code section 15-70.060 (b). That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The Planning Commission found that the granting of this Variance willnot constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district in that the Applicant's property is surrounded by 10 other properties and abuts the back yard of many of such properties where garbage collection areas are more likely to be located; hence Applicant's property is less able than other properties to screen such garbage collection azeas without construction of a fence or a wall. Saratoga Code section 15-70.060, (c). That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The Planning Commission found that the granting of this Variance will not be detrimental to the • public health, safety and/or welfaze, and it will not be materially injurious to properties or 4of6 improvements in the vicinity in that it will be located perpendicular to Highway 9 and hence will not significantly contribute to any reflection of noise from that Highway onto any other property in the vicinity. Tree Protection Requirements Section 15-50.110 Setback of new construction from existing trees, states, "No structure or pavement shall be constructed or installed within ten feet from any oak tree or within eight feet from any other tree, unless otherwise permitted by the approving authority." The footing that is going to be used for this 25-foot long section of fence has already been poured and consist of the 3-foot wide spread footing. CUTLER has indicated that he will not be pouring any additional spread footings such as those the Planning Commission previously determined to be paving pursuant to Section 15-50.110 of the Saratoga Code. There is an Oak tree within 10-feet of the spread footings which have already been poured. The City Arborist has previously concluded that the removal of the poured footings would do more damage than leaving them in place. However, the City Council or the Planning Commission has the authority to impose conditions to assist in the preservation of the tree(s) in question. Conditions of Approval In granting the variance, the Planning Commission did not attach any conditions of approval, however, if the City Council denies the appeal and upholds the Planning Commission decision to grant the variance, it can do so conditionally. The following conditions should be considered and, if required by the Council, made a prerequisite of the issuance of a variance: 1. That all of the recommendations of the City Arborist and previously adopted by the Planning Commission regarding protection of trees related to the development of .fencing on the Cutler property be fully implemented to the satisfaction of the City Community Development Director. 2. That the cost associated with preparing City Arborzst Reports regarding protection of trees related to the development of fencing on the Cutler property be reimbursed to the City. 3. That all applicable City fees be paid in full. 4. That all agreements between Applicant and City for Applicant to replace trees be fully implemented. 5. That a landscape plan consistent with the City Arborist's recommendations be submitted to the City for review and approval. 6. That the Applicant execute an indemnification agreement with the City satisfactory to the City Attorney. FISCAL IMPACTS: There are no direct fiscal issues related to granting or denying the appeal. 5 of 6 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: The City Council can grant the appeal, conditionally grant the appeal or deny the appeal. FOLLOW UP ACTION: This depends upon the City Council's action. ADVERTISING, NOTICING AND PUBLIC CONTACT: This agenda was advertised in the Saratoga News in the April 23', 2003 edition, Public Hearing notices were mailed to property owners within 500 feet of 14430 Oak Place on, April 23, 2003 and were duly posted on, Apri121, 2003. ATTACHMENTS: 1. Appeal Application completed by Mr: Breck 2. Planning Commission minutes from February 12, 2003 3. Planning Commission Resolution #03-006 4. Maps showing multiple contiguous parcels 6of6 LJ ATTACHMENT 1 C~ March 11, 2003 To: Saratoga City Council ~~e~P_,~,p, MAR 1 2 2003 N 0 SAq TOGq _. This fetter is an appeal to reject a variance for a very illegal concrete structure. The property in question is located at 14480 Oak Place, Saratoga CA, owned. by Mitchell and Tracy Cutler, living at that address. The Cutlers plan to violate the height limitations on walls and fences, more than doubling the allowable height from 3 feet all the way to 6 feet with an incredibly hideous concrete structure. The construction in question is entirely within the Cutler's legal front yard setback, right on the border of two registered historic homes. PLEASE NOTE: We would like to request a com lp etely independent site inspection and hearing for this appeal,-separate from any appeal Cutler is making for other variance denials. Each proposed variance is extremely complex, and cannot be handled in the extremely limited time allocated to an appeal. We urge this appeal to be given completely independent status from any other appeal. The neighbors are the ones being damaged by this our of control construction, and. we need the full and clear opportunity to present our case without .any further misrepresentations or legal intimidation from the Cutlers. We are filing a separate appeal, with the full appeal fees, and expect it to handled with full care and attention. The grounds for the appeal include the following: 1. No fence variance has ever been issued in the vicinity. If this variance is issued, it clearly would constitute a grant of special privilege. 2. Despite the City Attorney's coaching about the legal requirement to following the variance process and make formal findings, the Planning Commission did not make any of the xequired findings. They simply. voted whether or not they "liked" or "could accept" the proposed structure. A review the Planning Commission minutes for this proposed variance surprisingly shows there is absolutely no mention of any findings, just a list of who "agrees" or "disagrees". This is not even close to a legal variance approval. Specific positive evidence must be identified and verified for all three categories of findings in order to legally allow a variance. 3. The many negative facts that support denying the variance include the fact that City Arborist Barrie Coate has documented extensive damage to a mature, pzotected oak tree right in the middle of the illegally wide footings. This is clear evidence of material damage, which is sufficient grounds to deny the variance. 4. Additional negative finding: The proposed concrete .structure has excessive rnass and bulk, violating every design guideline in the City's official Design Guidelines handbook. Eveayone views it as something better suited, to quote one of the Planning Commissioners, "suitable for a jail". It does not belong in a historic, verdant neighborhood filled with- natural oaks and an open, spacious feeling. There are NO concrete walls anywhere in the vicinity. Concrete walls only belong in industrial zones. The structure adversely affect neighbors' property values, a strong negative finding. • 5. Additional negative finding: The Heritage Preservation Commission would never approve such a structure if proposed by neighbors Breck or the Goldman, since it is totally out of character with their homes. Both their homes are listed on the City's inventory of Historic Houses. 6. Additional negative finding: The concrete structure is in the main view corridor of the Breck's home. The rear yard of the Breck's serves as their only usable yard area, since they front Highway 9. They do not desire to view any six foot high concrete structures that do not obey the required twenty five foot sefback. Any structures over six feet would be considered a major violation of their view corridor rights. 7. No new permits or variances can be issued until all existing code violations are cleared up. There are many existing code violations and stop work orders at 14480 Oak Place which ~x>ould preclude issuing any additional permits or variances, per City Code 16-05.030 (g). Issuing yet another permit or variance is again another demonstration of a favorable prejudice toward Cutler. 8. Uniform Building Code Section 108.5.2 REQUIRES footings and reinforcing steel to be inspected. According to the Building Director, Srad Lind, these wete NE\/ER inspected by the City. • 9. Cutler violated a Stop Work Order and poured concrete in violation of~ the City's requirement that no concrete be poured until the proper legal processes 10 11 had been completed. He also poured the footing concrete without any building permit. A Building Inspector discovered the violation while inspecting other violations. Additional negative finding: Uniform Building Code Section 3307 Excavation Hazards requires that if any existing excavation or fill endangers property, the Building Director shall give notice to the homeowner to repair or eliminate such excavation to eliminate the hazard. City Arborist Barrie Coates documented extensive property damage to this protected heritage tree caused by the footing excavations. The excavations for the structure are illegal and must be abated. .Plans on file for reinforcing steel inside the concrete wall are incomplete. The ")/xisting Dowels" element, connecting the footing to the vertical expanse of the wall, do not contain any size or tensile grade information. It is believed that the dowels are way undersized, as they were originally meant to only hold up a wooden fence. There is strong doubt that they could serve as appropriate reinforcement for a large concrete wall, especially during any seismic activity. The dowels spacing is also not specified. 12. Plans on file do not have any dimensioning or material compositi.ou information for the footing. There is no reinforcing steel shown in the footing, except for the undersized existing dowels. 13. The rebar bends do not contain any radius information. Rebar must be bent with a diameter 6 times that of the rebar diameter. Background It should be noted that construction and associated tree damage occurred in this area months before any permits were approved. Further, the property owner has been cited for cutting down three protected trees on the site without a permit. Further, the City Arborist has documented in two reports extensive tree damage or destruction that has occurred to several additional protected trees, including many trees owned or co-owned by most of the nine neighbors. Further, many requests from several neighbors starting since January 2002 to require tree protection fencing for all protected trees at the site have not been . installed. • Further, the property owner has threatened the Community Development Director that he will damage all the surrounding neighbors' protected trees if the City requires tree protection fencing. Further, there are related appeals to the Planning Commission City. Building invoI'ving several violations of construction setbacks from protected trees. Further, there are improper permit procedural processes associated with this appealed permit, including: The issued permit is in violation of City Code 16-05.030 (g) (g) The building official shall not issue any permit to any person who has failed to correct any previous violation of any of the provisions of this Chapter, or any code adopted b}~ this Chapter, or any other provision of this Code relating to the project, after notification of the same, until such time as all such previous violatiorns have been satisfactorily corrected; provided, however, the building official may issue such permit if the violation is being corrected and will be completed by a time designated by the Building Official. (Ord. 71-193 § 1 (part), 1999) There are many recent and verified Code violations at 14480 Oak Place, none of which have been satisfactorily corrected. Please deny the variance application, saving the priceless character of our historic, tasteful neighborhood and wonderful oak trees. Signed, ~^ t ~~~~~ ~~~ `1~~~~'A'u'r~l William F. Breck 20375 Saratoga Los Gatos Road Saratoga, CA 408.857.8000 • ~, C~! ~z FORM OF PAYMENT: CASH CHECK ND. OEPOER M RECEIPT # • ATTACHMENT 2 Saratoga Planning Commission Minutes of February 12, 2003 Page 2 CONSENT CALENDAR • There were no Consent Calendar Items. *** PUBLIC REARING - ITEM NO.1 APPLICATION #02-269 (397-22-051) -CUTLER, 14480 OAK PLACE: Request for Variances to allow an existing 190-foot section of wall to be in excess of,the City Code maximum 6-feet in the side yard setback and to remain 7-feet, 6-inches; fora 56-foot section of fence in the front yard setback to exceed the City Code maximum of 3-feet to be allowed to be constructed 6-feet tall; and a 25-foot section of fence in the front yard setback to exceed the City Code maximum of 3-feet to be allowed to be constructed 6-feet tall. The Planning Commission will also consider allowing a structure to be constructed within 10 feet of an Ordinance protected Oak tree. (SULLIVAN) Director Tom Sullivan provided the staff report as follows: • Advised that staff has provided no formal recommendation to the Commission regarding the issue of placing a structure within l0 feet of a protected tree. • Described the Variance requests: • Variance One: Seeks height exception fora 190-foot section of wall on the north and . northeasterly sides of the subject parcel. Zoning allows a 6-foot maximum height. Portions of the wall are 7.5 feet high, which would categorize it as a structure. Fences less than 6 feet in height do not require permits. Fencing in excess of 6 feet in height requires building pemvts. • Variance Two: Seeks a 6-foot high wall along a 56-foot portion at the southwest side of the subject property, which represents the front property line of the Cutler. property and rear property line of the Breck property. A 25-foot section of this proposed 56-foot wall would fall within the front yard setback,-for which zoning limits fence heights to 3 feet or less whereas Mr. Cutler is asking for 6-foot height. Stating that there are several easements (access, public services, sanitary sewer and a landscape agreement between the Cutler/Breck properties. Added that while the City is not a party to these easements and has no authority to enforce the provisions of these easements,.they have become a discussion item as part of this request. Commissioner Roupe asked for further information on the easements. Director Tom Sullivan advised that the 56-foot long section overlaps the landscape easement by nine to 10 feet but does not. deny the Brecks access. Added that. a portion of the 190-foot wall sits over a circular easement that had been required by the Fire Department, an issue that was the subject of litigation. Commissioner Roupe asked if the litigation had concluded. Director Tom Sullivan: • Replied that the litigation concluded in 1992. • Added that the wall is actually less intrusive on the easement than whatwas previously there. . • Said that the Commission needs to focus on the facts that relate to the three mandatory findings. • Provided language from the City Code regarding the purpose of a Variance. Saratoga Planning Commission Minutes of February 12, 2003 Page 4 whether it should be left or removed to the discretion of the City's Arborist. The Arborist said that more damage would be done to remove than to leave it in place. Commissioner Roupe stated that it had been the intent of the Commission to look at the wall in its entirety but was not able to do so. Asked whether if,the Commission decided not to approve if the same conditions imposed for the 300-foot section could be imposed. Chair Jackman brought the Goldman property section up. Director Tom Sullivan: • Said that included a poured footing and that this footing is part of the 25 foot fence. section and part of the 300 foot section ruling that has already been made. • Recapped his discussion to describe the specific Variance requests under consideration this evening. A Variance to allow an existing 7-foot, 6-inch high 190-foot long wall to remain. A Variance to allow the construction of a 6-foot. high fence along a 56-foot portion where the Code only allows a 3-foot height. A Variance to allow the construction of a 6-foot high 25-foot long section of fence within a front yard setback where Code allows 3-foot height. • .Added that a determination would be required to be made that allows a structure to remain within 10 feet of Oaks along the 190 foot section if these.requests are approved. • Advised that the actions possible this evening are the granting or denial of these Variance requests. If granted, the Commission can impose conditions of approval. • Pointed out that the City Attorney has advised that Items 1, 2 and 3 for this request can be appealed within 15 days but that Item 4 would be final and could not be appealed: Commissioner Zutshi pointed out that Item 3 appears to be an eastside property line. Director Tom Sullivan agreed but pointed out that it is situated within the front setback area. Chair Jackman asked if each request should be considered separately. Director Tom Sullivan suggested that this would be the best way to proceed. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:29 p.m. Mr. Mitch Cutler, Applicant and Property Ownei-, 14480 Oak Place, Saratoga: • Said that hehas-presented his information and would waive his right to present anything further. • Made himself available for questions. Commissioner Roupe asked for a rundown on how this situation came to be. Said it appears Mr. Cutler obtained permits but what was constructed was brought into question. Mr. Mitch Cutler: • Stated that he received permits on February 22, 2002, for the construction of the 7.5-foot high fence. 'He said he considers this to be a six-foot fence but there is also a 1.5 -foot back fill area. • Added that engineering plans had been provided and that the wall was built as depicted on the plans and was finaled by the City on March 11, 2002. • Said that following a complaint by one neighbor, Mr. King, the City reevaluated its position. . Saratoga Planning Commission Minutes of Febi•uaiy 12, 2003 Page 6 • Pointed out that the easement appears on his parents' deed. Commissioner. Zutshi reminded Mr. Matas that the Commission has nothing to do with enforcement of easements. Mr. Patrick Matas: • Said that seven months later, Variances aze being considered. • Pointed out that they still have a valid easement. • ' Stated that his parents have secured a letter from their surveyor that documents that the wall encroaches two feet into their easement. • Said that his pazents bought the property with the easement in place for fire access and that the deed has not changed. • Challenged that the City does not have the right to give a permit to allow building on his parents' easement. Commissioner Gazakani asked whether prior to the wall if the Matas had objected when the new. wooden fence was installed on the Davies property. Mr. Patrick Matas replied not at the beginning. Commissioner Roupe asked the City Attorney to provide input. . Mr. Jonathan Wittwer, Cify Attorney, Wittwer & Perkin, LLP: • Clarified that easement rights are between private property owners and that only a court can enforce them, not the Planning Commission or even City Council • Added that if the City grants a Variance, it has no impact on the easement rights. To enforce an easement, the parties would have to go to court. • Recommended adding language in the event that this request is approved that states that said approvals do not affect any easement or boundaries. Mr. Frank Matas, 20385 Saratoga-Los Gatos Road, Saratoga: • Stated that he went to the City last year and was told by a planner that no structure could be allowed to be constructed on an easement. • Questioned the City's contention that it is not responsible for enforcing that. City Attomey Jonathan Wittwer said that this issue would have to be dealt with in court. Chair Jackman reiterated that the City cannot make a judgement on easement issues and that a court would need to decide such issues. Mr. Frank Matas expressed dismay that the City would allow construction on an easement. City Attorney Jonathan Wittwer said that the City does not itself put a structure on an easement. Director Tom Sullivan pointed out that the plans submitted depict the fence to be on the property line. Saratoga Planning Commission Minutes of February 12, 2003 Page 8 Commissioner Roupe warned that the Commission is not even thinking about requiring the removal of the wall. The questions at hand this evening are whether to allow a 190-foot section of wall to remain 7-feet, 6-inches high and whether two sections of fencing are to be allowed at 6 feet rather than 3 feet high. Mr. Bill Breck said that he heard it is an option to require the removal. Director Tom Sullivan reminded that the Commission's instruction to City Arborist Barrie Coate was to review the 300-foot section of wall. Added that the horizontal footing was found to be a structure. However, asix-foot fence itself is not a structure. Barrie Coate was to advise if the horizontal footings were best removed or left in place: Mr. Bill Breck said that he is still waiting to hear if Barrie Coate says that the above ground concrete footings shouldbe removed. Commissioner Roupe said that it was below ground. section that was focused upon. Mr. Bill Breck declared that the 190-foot section is too close to trees. Mr. Alan King, 14472 Oak Place, Saratoga: • Said that Code prohibits fences over six feet in height and concrete near Oak trees. • Pointed out that the Cutler wall is 8 feet tall in places and that two feet of fill dirt was placed over the roots of Oak trees.' • Said that many conversatiohs have been held with Mr. Cutler and his representatives to no avail. • Said that Mr. Cutler has threatened his neighbors repeatedly. • Said that he signed an agreement to gain the assurance from Mr. Cutler that he would not cut any .part of their trees over the property line. • Pointed out that both the City's Arborist and their own privately retained Arborist say concrete is damaging to Oak trees. • Stated that the applicant has no intention of protecting these trees. • Asked that the Commission deny this application and require the removal of the wall. • Asked that funds be kept in the tree protection bond. Commissioner Roupe pointed out that if the Commission denies the Variance for the 190-foot length of wall and Mr. Cutler reduces it to six feet in height, it would be allowed to remain.. Mr. Alan King said that this wall represents a structure near his Oak trees. City Attorney Jonathan Wittwer reiterated that at 6 feet in height or lower this would be a confornung wall and not a structure. Commissioner Garakani wondered aloud if a new application such as this one was received today, would it be allowed. Mr. Alan King pointed out that it has a wide footing and pier. Commissioner Hunter agreed that such construction would not be allowed. Saratoga Planning Commission Minutes of February 12, 2003. Page 10 • Added that the Kings have just build a fence on his property, a situation his attorney is working on , '~ to remove. Commissioner Zutshi asked if the fence on the Davies property was in place before he built his own wall. Mr. Mitch Cutler replied yes. He added that he came back onto his property about 1.5 feet to construct his wall. Said that the wood fence on the Davies property is not to his taste. , ~ . Commissioner Roupe pointed out that Ms. Davies is willing to remove her new wood fence if she is allowed to place lattice against his wall to accommodate screening landscaping. Mr. Mitch Cutler advised that he does not want Ms. bavies to anchor anything on his wall or to trespass onto his property to do so. Commissioner Garakani pointed out that the wall shared with the King property is lower than the rest. Mr. Mitch Cutler said that it is 1.5 feet lower as Mr. King objected. Now he thinks it looks silly being lower than the rest. Commissioner Hunter asked about Ywo trees depicted on the photo provided by Ms. Matas. , Mr. Mitch Cutler said that'the wall was constructed with piers spaced every. 12 feet and none of the trees have been damaged whatsoever. City Attorney Jonathan Wittwer asked who provided the photograph mentioned and took the time to document on the back that the photographic exhibit was provided by Ms. Matas. Commissioner Garakani asked Mr. Cutler how passionate he is about trees. Mr. Mitch Cutler advised that there will be between 50 and 100 trees. on his property and that he is open for comments. Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 8:35 p.m. Commissioner Zutshi asked staff whether the fact that Mr. Cutler placed his wall 1.5 feet within his. property line makes any difference in how grade is considered. Director Tom Sullivan: • .Replied that earth on Mr. Cutler's property has been filled to even out his yard. Fences aze measured on the low side to natural or cut grade, whichever is lower. • Reminded the Planning Commission to discuss each request in sequence as presented in the staff report and to relate each request to the three mandatory findings required to grant a Variance. Chair Jackman mentioned the first item, the 190-foot section. Reminded that Code allows a 6-foot height and Mr. Cutler is requesting approval of a 7-foot, 6-inch high wall. Saratoga Planning Commission Minutes of February 12, 2003 Page 12 • Questioned how the Commission might consider this request had the wall not already been installed. • Pointed out that fencing higher than 6 feet is appropriate if living adjacent to a major roadway such as Highway 9. In cases such as that, a higher fence might help reduce noise impacts. • Said that he cannot see that need in this instance and therefore cannot support this Variance. • Added that from the Cutler side the wall does not look bad but from the Davies side it looks like a jail. ' Chair Jackman said that she cannot make the necessary findings and expressed concern on how it can be reduced in height. Added that that there are no special circumstances and that approving a Variance would represent a special privilege. Director Tom Sullivan suggested that the Commission take a vote on the first request. Commissioner Roupe asked if there are Conditions attached to a denial of a Variance to allow the trees to be addressed. Director Tom Sullivan said that the Arborist report addresses the issue of trees: City Attomey Jonathan Wittwer advised that the Commission is not able to place Conditions on a denial. Chair Jackman asked what would occur ifno Variance is issued. City Attorney Jonathan Wittwer replied that the applicant will be required to reduce his wall to 6 feet and as such it would no longer be considered to be a structure. Chair Jackman asked how damage to trees would be handled. Director Tom Sullivan said that the Arborist report advises how to deal with tree issues and that tree bonds are in place. .Commissioner Roupe said that he thought the report was pertaining to trees along the previously considered 300-foot section only. Director Tom Sullivan advised that there is a separate report for other trees impacted. Commissioner Hunter expressed doubt that the applicant will protect trees as required seeing as Mr. Cutler has already poured cement next to numerous trees. Commissioner Garakani pointed out that these types of concerns are part of the reason for the new Tree Ordinance. Commissioner Hunter asked for clarification that the current wall would be considezed simply a fence + once it is 6 feet high or less. ® Mr. Jonathan Wittwer advised it would not be considered a structure or pavement when less than 6 feet in height and with no wide footings. Saratoga Planning Commission Minutes of February 12, 2003 Page 14 . Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Zutshi, the. . Planning Commission denied a Variance (Application #02-269) fora 6-foot high, 56-foot long section of fence on property located at 14480 Oak Place as the necessary findings cannot be made, by the following roll call vote: AYES: Garakani, Hunter, Jackman, Roupe and Zutshi NOES: None ABSENT: Barry and Kurasch ' ABSTAIN: None Chair Jackman reminded that the third request is fora 25-foot long section on the southeasterly side of the property to be allowed at 6 feet in height. Stated her belief that there is no reason to support this request. Commissioner Garakani said that he does not have a problem supporting this section at 6 feet and asked why it could not be 6-feet all along. Chair Jackman reminded that 25 feet under consideration is considered within front property lines per Ordinance. Commissioner Roupe clarified that a 6-foot fence is allowed up to within 25 feet of the front property line and then is limited to a 3-foot height. Said that one issue of special circumstance is that for one property it is a front property line while for the other it is the rear property line. Said that there is already an existing chain link fence and that this request would not be detrimental. Therefore he can make al] three necessary findings. Chair Jackman agreed. Commissioner Hunter disagreed. Commissioner Zutshi agreed. Commissioner Garakani agreed. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Roupe, the Planning Commission approved a Variance (Application #02-2G9) to allow a 6-foot high, 25 foot long section of fencing o» property located at 14480 Oak Place as the necessary findings can be made, by the following roll call vote: AYES: Garakani, Jackman, Roupe and Zutshi NOES: Hunter ABSENT: Barry and Kurasch ABSTAIN: None Motion: Upon motion of Commissioner Roupe, seconded by .Commissioner Garakani, the Planning Commission continued to a date uncertain consideration of avote on . whether a wall greater than 6-feet in height is to be considered to be a structure, by the following roll call vote: ATTACHMENT 3 RESOLUTION N0. 03-006 • CONTAINING FINDINGS AND DECISIONS AND NOTICE OF APPEAL RIGHTS REGARDING ONE GRANTED VARIANCE SOUGHT BY MITCHELL AND TRACY CUTLER FOR FENCES AND/OR WALLS AT 14480 OAK PLACE CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received and reviewed a Variance Application filed by Mitchell and Tracy.. Cutler (Application No. 02-269) regarding the construction of walls at 14480 Oak Place, and WHEREAS, the Application No. 02-269 requested approval of three separate variances from height limits imposed by City of Saratoga fence and wall regulations. This Resolution addresses the one variance, which was granted by the Planning Commission as follows: That the as yet un-built 25-foot section of fence along the southeasterly side of the parcel (adjacent to the GOLDMAN property) be allowed to be 6-feet tall.. As this is the "Front-Yard" of the parcel, the code restricts the height offences in the front yard to 3-feet. WHEREAS, on February 12, 2003, following a duly noticed and conducted Public Hearing at which all interested parties were given a full opportunity to be heard-and to present evidence, the Planning Commission considered all testimony and evidence presented including all materials prepared by City staff and the applicant and rendered its decisions on the three variance requests contained in Application No. 02-269, subject to the return of findings thereon for adoption at its February 26, 2003 meeting, and WHEREAS, the Planning Commission hereby adopts the following findings and final decision on the Application for the one granted Variance described above and contained in Application No. 02-069. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve that after careful consideration of the Application No. 02- 0269 for three separate Variances, and additional presentations made to it by City CITY OF SARATOGA PLANNING COMMISSION RESOLUTION • CUTLER VARIANCE APPLICATION Page 1 of 6 Staff and other interested persons, the following findings and decisions are hereby made with respect to the one Variance request that was granted. VARIANCE REQUEST regarding the Applicant's request that an as-yet un-built 25-foot section of fence along the southeasterly side of the parcel (adjacent to the GOLDMAN property) be allowed to be 6-feet tall. As this is still within the "Front-Yard" of the parcel, the City Code restricts the height of fences in the front yard to 3-feet. FINDINGS Reauired Finding Under Saratoga City Code section 15-70.060 (a). That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the. applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The Planning Commission finds that there are special circumstances applicable to the property as to which the strict enforcement of the height limits for walls would deprive the Applicant of privileges enjoyed by owners of other properties in the vicinity and classified in the same zoning district in that the surroundings of the Applicant's property include a garbage collection area on the adjacent GOLDMAN property. Reauired Findin¢ Under Saratoga City Code section 15-70.060 (b). That the granting of the variance will not constitute a grant of special privilege inconsistent with the. limitations on other properties in the vicinity and classified in the same zoning district. The Planning Commission finds that the granting of this Variance will not constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district in that the Applicant's property is surrounded by 10 other properties and abuts the back yard of many of such properties where garbage collection areas are more likely to be located; hence Applicant's property is less able than other properties to screen such garbage collection areas without construction of a fence or a wall. CITY OF SARATOGA PLANNING COMMISSION RESOLUTION CUTLER VARIANCE APPLICATION Page 2 of 6 Required Finding Under Saratoga City Code section 15-70.060 (c). That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties. or improvements in the vicinity. The Planning Commission finds that the granting of this Variance will not be detrimental to the public health, safety and/or welfare, and it will not be materially injurious to properties or improvements in the vicinity in that it will be located perpendicular to Highway 9 and hence will not significantly contribute to any reflection of noise from that Highway onto any other property in the vicinity. DECISION This Variance is granted. This decision is appealable to the City Council in compliance with City Code Article 15-90. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26~' Day of February 2003 by the following roll call vote: YES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission CITY OF SARATOGA PLANNING COMMISSION RESOLUTION CUTLER VARIANCE APPLICATION • Page 3 of 6 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION CUTLER VARIANCE APPLICATION Page 4 of 6 NOTICE TO APPLICANTS TRACY AND MITCELL CUTLER AND TO INTERESTED SPEAKERS AT PLANNING COMMISSION HEARING ON FEBRUARY 12, 2003: THE APPLICATION FOR THE ONE VARIANCE REQUEST REGARDING FENCES OR WALLS AT 14480 OAK PLACE, SARATOGA, CALIFORNIA WHICH WAS GRANTED BY THE PLANNING COMMISSION WAS ACTED UPON IN THE MANNER SET FORTH IN THE ABOVE. RESOLUTION. IF YOU INTEND TO APPEAL ANY OF THE THREE DECISIONS MADE ON THE VARIANCES SOUGHT BY THE VARIANCE APPLICATION, THE DEADLINE TO DO SO IS GOVERNED BY SARATOGA CITY CODE SECTION 15-90.050 WHICH PROVIDES THAT "THE NOTICE OF AN APPEAL TO THE CITY COUNCIL SHALL BE FILED, TOGETHER WITH PAYMENT OF THE FILING FEE, WITHIN FIFTEEN DAYS AFTER THE DATE. ON WHICH THE DECISION BY THE PLANNING COMMISSION IS RENDERED:' THE APPEALABLE DECISION OF THE PLANNING COMMISSION SET FORTH IN THIS RESOLUTION SHALL BE DEEMED RENDERED ON FEBRUARY 26, 2003. CITY OF SARATOGA PLANNING COMMISSION RESOLUTION CUTLER VARIANCE APPLICATION Page 5 of 6 PROOF OF SERVICE I certify and declare as follows: I am over the age of 18, and not a party to this action. My business address is City of Saratoga, 13777 Fmitvale Avenue, Saratoga, CA 95070, which is located in Santa Clara County where the service described below took place. I am familiaz with the business practice at my place of business for the collection and processing of correspondence for mailing with the United States Postal Service: Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On Febmary 27, 2003, the following document(s): 1. RESOLUTION CONTAINING FINDINGS AND DECISIONS REGARDING ONE GRANTED VARIANCE SOUGHT BY MITCHELL AND TRACY CUTLER was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully paid to: Mitchell and Tracy Cutler William F. Breck 20375 THE GOLDMANs 14480 Oak Place Saratoga-Los Gatos Road 20360 Saratoga-Los Sazatoga, CA 95070 Saratoga, CA 95070 Gatos Road Sarato a, CA 95070 Holly Davies Frank, Letha & Pat Matas The Kings 14478 Oak Place 20385 Saratoga-Los Gatos Road 14472 Oak Place Sarato a, CA 95070 Sarato a, CA 95070 Sazato a, CA 95070 James J. and Schiller Abrams 14470 Oak Place Sarato a, CA 95070 I certify and declare under penalty of perjury that the forgoing is true and correct. Dated: Febmary 27, 2003 Kristin Borel, City Community Development Department CTTY OF SARATOGA PLANNING COMMISSION RESOLUTION CUTLER VARIANCE APPLICATION Page 6 of 6 u ATTACHMENT 4 Nine Parcels touching _ ~~ i I ~ r Eight parcels touching N .•1~~58 r~{~~ ~ f S Seven Parcels touching ~ ~~ i t • i ~I Nine Parcels Touching m • ,~ MEETING DATE: SARATOGA CITY ,COUNCIL May 7, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP ,. AGENDA ITEM: ~- • CITY MANAGER: ~~G`~-``-~ DEPT HEAD: SUBJECT: Public Hearing and First Reading of an Ordinance. Amending Article 16 of the Saratoga City Code by adding: , Article 16-75.050 -MAINTENANCE OF CONSTRUCTION PROJECT SITES RECOMMENDED ACTION: Open and Continue the Public Hearing REPORT SUMMARY: At the City Attorney's request this item is being continued and re-advertised to include additional amendments to Article 16 of the Saratoga City Code. The additional items include the folloH~ing: (1) Address expiration and abandonment of building perndts; electrical permits; plumbing permits and mechanical permits; and (2) Authorize actions by the Ciry to prevent or abate nuisances at sites where construction is not completed within a reasonable period of time. FISCAL IIVIPACTS: There will be some additional cost to re-advertise the Public Hearing. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: This agenda for this item was duly noticed in the April 22, 2003 edition of the Saratoga News and was posted on Apri121, 2003 ATTACHMENTS: None ;. ~: t~.` `: ~~ ; . ~~~ ;.~~ i ~. ;nr' ' sr __ Y:" SARATOGA CITY COUNCIL MEETING DATE: May 7, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lorie Tinfow DEPT HEAD. ~ t'L ~ SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): Accept report and increase authorized library construction budget to $14,750,000. Provide direction to staff regarding possible special opening,art exhibit at the Saratoga Library. REPORT SUMMARY: Budget Summary Report. There have been no significant budget changes since my last report. A copy of the Budget Summary Report presented to the Citizen's Oversight Committee at their most recent meeting on Apri128, 2003, is included for your information. Also included aze the project timeline and temporary library budget update that were requested by the COC, and reviewed at their April meeting. Budget Status. The table below shows the status of funds: Committed Project Total as of 3/21/03 without contin enc $14,377,484 Chan ere nests shown as "estimate of chan es to contract" + $304,507 Total Project Costs both committed and chan ere nests = $14 681,991 Total authorized bud et $14,700,000 Remainin Balance = $18,009 Percent of time elapsed for entire project-Phase I and II 89 weeks/79 weeks 113% Construction schedule. Attached to this report is a timeline that is based on Thompson Pacific's recent. schedule. Both show May 21 as the substantial completion date with interim room completion dates to permit moving activities. Staff will provide any additional information available at the meeting. Special Library Art Exhibit. The Arts Commission, with assistance from Councilmember Waltonsmith, has been pursuing the idea of a special art exhibit to coincide with the first 30 or 60 ` The change request total represents all contractor requests made to date and is a "worst case" estimate. This number is simply shown for tracking purposes and appears on the attached Budget Surrunary as a subtotal under "Estimate of Changes to Contract " days of the Library's opening. A local resident has a spectaculaz art collection, portions of which he regularly loans to museums. He is willing to loan paintings for display under certain conditions including the fo]lowing: - ~, ' Insurance. The art owner will cover liability during transport and will hang the exhibit. However, thepaintings would need insurance coverage while hanging in the library. Cost would vary depending on the value of the artwork loaned. However, fora $5 million exhibit, cost would be approximately $313 per month: ~ , ^ Art Wall Display. The art owner has specified'that the wall must be painted to offset the display and would prefer red but would settle for gold (exact color to be specified by him). After the exhibit is finished, the wall would need to be repainted at an additional cost. ~ ' ^ Protection & Supervision. The paintings must be protected from human contact and from camera flash. Stanchions with rope will keep viewers a few feet away from the, paintings. Cost for renting a stanchion is $15%day; staff is investigating a possible .discount for a longer period of time. hi addition, the art owner is requiring at least one monitor be stationed near the paintings to stop anyone from touching the paintings or photographing with a flash unit. Realistically there will need to be two monitors at a time during all open hours (56 per week). The Art Commission has offered to arrange for and manage the volunteers. However, each volunteer would be registered as a City volunteer and be covered under the City's worker's compensation and liability coverage. As a back-up, staff will collect information on possible options to provide paid supervision and provide it to Council separately from this report. A rough calculation using a temporary agency might be two monitors at $10/hour each for 56 hours per week equals $1120/week. Lighting. The art lender also specified that additionaIlightingwill benecessary. Artwork is typically highlighted with spotlights installed on track lighting. The needed junction boxes have been installed but the actual track lighting system will need to be added. ^ .Acoustics. The art wall is along the south side of the entry hall and directly across from the circulation desk. To address expected noise, the wall was designed to be covered by acoustical panels and not left as painted wallboard: A picture hanging system was also specified so that artwork could be hung on the panels without damaging them. Concern has been expressed that without the panels to help absorb sound, the noise will be a problem. Staff has directed the contractor to obtain the panels but not install them-the thought being that after the special art exhibit is removed, the panels and picture hanging system could be installed. The Library is reluctantly going along with this idea but is very concerned that one of the f rst impressions library-users will be left with is that of a noisy space. The Library has made it clear that they will not take responsibility for these paintings or for managing this particular exhibit. Staff requests direction on whether or not to proceed with the ,. art exhibit; if so, staff requests direction about a funding source to cover the insurance, paintirig, lighting installation, stanchion rental, and possible supervision costs; requests assistance in making sure the Art Commission understands the commitment they are making to provide volunteer coverage while the exhibit is on display. FISCAL IMPACTS: Staff is still collecting art exhibit cost information and will distribute a cost estimate separately fromthis report. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without an increase in the authorized budget, staff could not commit to funds for additional work beyond the remaining $18,000 without returning to Council,'and possibly delay completion of the work. No recommendation is made regarding the art exhibit. ALTERNATIVE ACTION(S): Not applicable. • FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council on a regular basis until the project is complete. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ Budget Summary Report dated Apri121, 2003. ^ Library Construction and Move-in Timeline ^ Temporary Library Budget Update • ail ~ i ~ ' u ~ v ~ o a~?N$ v cM.-. « d C d d _~ ~~ U~ W O '. = ECG nf9 i a O i m d ~ i mM ~ «« n~ ~O ioo c a N.- a v W tD a ~ t9 ' ~ I o 0 0 o v o ~ o e a v a a o ~ e e o 0 0 > rn0o °o ~ioMOO o°oM no Oido MOmg$m u m rn mrn ~ u~ v > roMm rn M ro G ~ N O~ O'J O ~O CN')y N O O O O O) 0 0 0 0 0 0 M O N O ONO) V O 0 0 0 ~ M ~ pt9 t9N ~t9 t9 ~fA~ ~ O fA ~.uj N~Oy ~-t9 {+~ N 69 ~ ~ ~ ~ ~ py't9 f9 yi t9 N w m rno °i+ioo vm v~ ° m o M~ .N- M Mo N°O °~° m0 n~n mo O c uioQ ~ u>u> mn eo 0 o'~?a a oo?o? m O M.~+j N.l~'O fM ~a0 Ujtl9 tAW ptD MfAO O b N M.n W N O O) N N V N. M,. 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U ~ ~ m m m N a c m ~ c i ~ 0 O ~ w O a c ~ ti -' ° > _ m O ~ . . a° o ~ m ~ ° T O a G 6 s O m m ~° ? a `0 in c w o 0 0 0. $ 3 W o y m m ~ z o m ~ n m > U ~ J > ~ a. tt 5 v ~ ^ LL o ~ ~ 0 0 0 0 M 0 ~ 0 ~ 0 0 ^ 0 0 0 0 0, 0 0 0 0 0 0 0 ~ O O O O O O ~ O ~ O ~ ~ O m O O M 1~ M N D7 t0 I~ r ~ ~~ ~o i/~ s'-- ~ a s ~ ~ ~~ G> m >. a '~° r o 6 U >~ N N p y J U o m C~ ~ 9 ~ 2' r j l0 U m n` N J ti C ry y a p m m U m" m" ~ a T ~ ~y V u`~ u R U O ~ N ~ Q O M O r ~ C a S N V a n V n E dv n O ~ ~ O u C C TEMPORARY LIBRARY BUDGET UPDATE Temporary Library Budget Temporary Library Expeditures as of March 31 Balance Remaining Remaining Monthly Costs Duran & Vernables, Inc. Duran & Vernables, Inc. Duran & Vernables, Ino, Duran & Vernables, Inc. Duran & Vernables,, Inc. ' Williams Scotsman, Inc. Williams Scotsman, Inc. Williams Scotsman, Inc. Sacred Heart Church Sacred Heart Church Sacred Heart Church Sub-total ~. $630,OOO.Od $538,767.61 $91,232.39 Fence rental 1/03-6/03 paid rent 3/03 $248.00 rent 4/03 $248.00 rent 5/03 $248.00 rent 6/03 $248.00 ]ease 3114/03-4/13/03 .$7,212.70 lease 4/14/03-5/13/03 $7,212.70 lease 5/14/03-6/13/03 $7,212.70 rent 4/03 $6;500.00 rent 5/03 $6,500.00 rent 1 week in June $1,625.00 $37,255.10 Budget Summary Balance Remaining Remaining monthly costs Sub-total Site work at Sacred Heart necessary when use complete Sub-total Refund of security deposit paid to Sacred Heart Balance of Budget at Project's end $91,232:39 -$37,255.10 $53,977.29 $30,000 $23,977.29 $6,500.00 $30,477.29 ~, u ~` SARATOGA CITY COUNCIL MEETING DATE: May 7, 2003 AGENDA ITEM: /' ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~'~^~~-~ PREPARED BY: Jesse Baloca DEPT HEAD: SUBJECT: Introduction of the 2003/04 Preliminary Operating Budget ACTION(S): Accept budget report and direct staff accordingly. REPORT SUMMARY: (See Attached Transmittal Letter) ~~ FISCAL IMPACTS: Discussed in the attached Transmittal Letter and detailed in the 2003/04 Preliminary Operating Budget document. provided. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): None recommended. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A, Transmittal Letter from the City Manager. B. 2003/04 Operating Budget, Document. r J L~ a 2of2 i 13'777 FRUI'P\%ALF AVPlv'UE SARATOGA, CALIFORNIA 95070 e (403) f568-1200 COUNCI1,Mii~7B1.;12S: Inceporated October 22; 1956 Stan Bogosian Kathleen I<ino May 2, 2002 Norman Ktine - Nick Streit Ann Wattonsmith Honorable Mayor and Members of the City Council, On behalf of the City's Management Team, it is with pleasure that I am able to submit the City's 2003-2004 Operating Budget to be reviewed and considered by members of the Council. It has been a difficult year where we've had to be proactive because of the continued economic downturn and reactive to the potential threat created by the State's budget crisis. Fortunately, the City implemented a timely mid-year strategy to assume worst-case scenario. and adjusted the budget to reflect revised revenue projections. The City's revised revenues included the Governors December 2002 proposal to takeaway of $590k from the Vehicle License Fee. (VLF) revenue: Any operating surplus at fiscal year end June 30, 2003 will be applied to partially offset the projected. take-away from the State Budget process or to re-establish reduced service levels. The City's assumption is that whatever State revenue cuts aren't taken away now are still vulnerable to be taken later, next fiscal year. Exclusive of the threat posed by potential revenue loss by the State, the City is pleased to present a balanced budget. Potential revenue losses use anticipated expenditure reductions of approximately $945k, anticipated year end operating surplus of $413k, and the application of necessary funds from the economic uncertainty reserve account. Additionally, this is the first year that the City presents a pure operating budget, resulting from the completion of the Library Expansion project and the transfer of prior year ongoing capital improvement projects (CIP) to the 5-year CIP budget, which was established for new projects ih fiscal year 2001-02. The segregation of Operations budget from CIP budget has segregated the multiple-year capital improvement project budget, allowing ongoing City operations to be more effectively monitored and eliminating the need for large year-end carryovers that are re- appropriated annually to the next fiscal years budget. Asa "Limited Service" City, the most important fiscal management objective is to prepare a comprehensive operating budget that focuses on the implementation of City programs and services, short-term objectives and long-range goals. The "program budgeting° format used in the development of this budget allows the reader to effectively review the City's goals and objectives in the proposed budget and redirect activities and objectives by means of allocating appropriate levels of funding to the highest priorities. ECONOMIC CONDITIONS AND OUTLOOK Saratoga is in close proximity to many businesses associated with the high technology industry, Saratoga is viewed as a desirable place to live and serves primarily as a residential community to Silicon Valley. There is limited commercial or industrial activity occurring within the City's boundaries. J Due to the community's residential character, the typical measure of the City's economic condition is based on the stability of property taxes and franchise fees, and the fluctuations in service charges which affect development taxes, permit and fees and to a lesser extent, sales activity. The local economy continues to be hobbled by the weak high-tech sector and unfavorable business investment climate. Although homebuilding is making some gains, the Silicoh Valley area suffers as the region with the highest unemployment rate in California, which continues to be higher than the national average. The drag on the local economy has resulted in a 10% decline in sales tax revenues, which had already experience an 11 % decline from the previous fiscal year, post September 11th along with other local taxes. However, the City has been fortunate (to-date) to receive various one-time revenues that have offset the decline to current operating revenues. Assessed valuations in Saratoga have continued to grow at a rate slower than last year, resulting in a 7% increase of property taxes over last year. To counter the impact of the potential VLF takeaway, this past fiscal year, the City implemented various measure during the mid-year review of the budget that included expenditure reductions, implementing a hiring freeze on vacant positions, consolidation of two positions (in the City Manager's Office) into one, and utilizing the undesignated fund balance and savings from the change in scope of two CIP projects. As mentioned earlier, the City continues to receive VLF funds, which will contribute to a positive fund balance at year end. Additionally, the City received CIP reimbursement revenues from prior year expenditures, and is projecting year end savings with some City programs. General Fund Balance: Operating Econ. Uncertainty MIS 8 PERS Undesignated 2002/03 Mid-Year Projection 2,316 1,500 268 4, 084 20 4,104 2003/04 Est. Beginning Balance 2, 367 1,500 268 4,135 990 5,125 • • In consideration of projected State funding cuts, the Preliminary 2003/04 Budget was further developed using the worst-case scenario concept to reflect potential VLF revenue loss of $1.2 million and booking fee reimbursements of $23k. Reserves designated for technology replacement and future PERS obligations have been segregated into a separate fund. Even with the potential loss of projected State funding cuts, the General Fund maintains its operating contingency reserve of $2.367 million ($2 million plus accumulated interest) and economic uncertainty reserve of $1.5 million. The major strengths to the City's operations continue to be property taxes, sales taxes, franchise fees, and motor vehicle license fees, which continue to make-up 77.9% of the City's General fund revenues for fiscal year 2002-2003 or 80.6%, if VLF funding remains intact. FISCAL YEAR 2003-04 Although some Economists believe that economic recovery will occur rapidly now that major combat operations on the war with Iraq have been completed, the City continues to be conservative with its revenue projections. Expenditures for fiscal year 2003-04 reflect reductions to most all programs of approximately $945k since last fiscal years approved budget with the exclusion of one-time capital equipment purchases offset by increases in the amount of $986k. All expenditure reductions were made in careful consultation with each department to allow Director autonomy and management control over their proposed budget. Increases to the cost of operations primarily reflect nominal salary rollups and unavoidable benefit costs and increased service costs related to the maintenance of new park and facilities such as Congress Springs park, Azule park, North Campus property, and the City's new Library. The City's proposed balanced budget reflects a surplus of $413 by June 30, 2004 as follows: (In Thousands) 2002/03 2002/03 % Change 2003/04 % Change 2001/02 Budget Year-end from 01/02 Preliminary from 02/03 Actual (As Amended) Projection Actual Budget Projection Beginning Fund Balance 12,075 6,970 6,970 -42% 5,125 -26% Revenues: Property Taxes 2,772 2,870 2,870 4% 3,060 7% Sales Taxes 1,165 1,102 1,102 -5% 1,136 3% Other Local Taxes 902 910 910 1 % 766 -16% Franchise Fees 1,011 970 948 -6% 933 -2% Motor Vehicle Fees 1,807 1,152 1,742 -4% 1,879 8% Refunds/Reimbursements 345 345 345 0% 130 -62% Interest 148 275 275 86% 225 -18% Other 775 1,070 '1,067 38% 587 -45% Total Revenues 8,925 8,694 9,259 4% 8,716 -6% Expenditures: General Government 3,033 3,360 3,332 10% 3,072 -8% Public Safety 3,380 3,455 3,448 2% 3,216 -7% Public Works 915 1,066 1,079 18% 1,215 13% Community Development 86 101 86 0% 130 51% Other Functions 669 425 341 -49% -325 -5% Indirect Transfers (1,590) (1,942) (1,942) 22% (1,452) -25% Total Expenditures 6,493 6,465 6,344 -2% 6,506 3% Net Operations 2,432 2,229 2,915 20% 2,210 -24% Operating Transfers (7,537) (5,094) (4,760) -37% (1,797) -62% Net Operations&Transfers (5,1D5) (2,865) {1,845) -64% 413 -122% Ending Fund Balance 6,970 4,105 5,125 -26% 5,538 8% Potential Threat to Revenues (1,291) Segregation of MIS & PERS Reserves (268) Ending Fund Balance 3,979 Expenditures Again, this new fiscal year proposes a continuation of the City's hiring freeze oh vacated positions, realizing the savi ngs from previous cons olidation of two positions in the City Manager's Office into one position, and nominal cost of living salary increase for city employees with a one year freeze on merit increases. Additional expenditure reductions primarily reflect a 5% reduction to the City's law enforcement contract with Santa Clara County, approximately $300k saved by the deferral of capital equipment purchases, continuing to defer major maintenance issues on City buildings, reducing consulting service costs in Community Development, reducing Council's operating contingency from $200k to $100k, and by reducing the pavement management program to normal levels which was previously boosted by one-time tax and bond funding. Again, increased service costs include the required maintenance of the City's new Congress Springs park, Azule park, North Campus property, and the City's new Library. All direct City Expenditures, excluding the Library Expansion project are highlighted as follows: (In Thousands) 2002/03 2002!03 % Change 2003/04 % Change 2001/02 Budget Year-end from 01102 Preliminary from 02/03 Actual (As Amended) Estimate Actual Budget Estimate General Government $3,033 $3,360 $3,332 10% $3,072 -8% Public Safety 3,454 3,540 3,534 2% 3,317 -6% Public Works 3,592 3,876 3,884 8% 3,278 -16% Community Development 1,390 1,372 1,357 -2% 1,343 -1% Environmental Services 572 681 682 19% 543 -20% Recreation Services 898 :887 924 3% 958 4% Community Services 633 796 552 -13% 623 13% Debt Service 872 1,026 1,027 18% 1,204 17% Total Expenditures $14,444 $15,538 $15,292 6% $14,338 -6% CJ SUMMARY The City staff has developed an operating budget that clearly reflects fiscal conservatism during these challenging economic times by balancing the City's limited resources with the needs of the community. In the months ahead, we will have more detailed information on how the City will be impacted by the States budget crisis. In any event, we believe we have carefully developed a budget that maintains a high level of service to the community while also preserving the existing operating contingency and economic uncertainty reserves, which would typically be utilized during these economic times. When the State budget becomes final, we will need to revisit the City budget to make necessary changes. In the event that the State reduces local revenues, the City has sufficient fund balance/reserves to cover the likely reduction. If the reductions are less than anticipated and operations result in a future surplus, revisions to the budget will occur with the intent of establishing badly needed capital equipment and facility sinking funds that have been deferred within this proposed 2003-04 Operating Budget. Sincerely, ~~~~ Dave Anderson City Manager SARATOGA CITh COUNCIL ~~ MEETING DATE: May 7, 2003 ,AGENDA ITEM: ~ ~°~' .ORIGINATING DEPT: Public Works CITY MANAGER: .~~~~ PREPARED BY: ~~ ~ti'~'~ DEPT HEAD:. ~6~- CY-E,. , SUBJECT: Westhope Presbyterian Church Lease Agreement for El Quito Park Group Use RECOMMENDED ACTION(S): 1. Approve lease agreement with Westhope Presbyterian Church for El Quito Park group use parking and authorize the City Manager to execute the same. 2. Approve an increase to the existing contract with G. Bortolotto & Co. in the amount of $75,000 for additional scope of work in connection with the Westhope Presbyterian Church lease agreement. REPORT SUMMARY: Back round The El Quito Park Task Force has been meeting on a regular basis over the past yeaz, with meetings focused on various park infrastructure improvements and issues dealing with the usage of the park. Residents living near the park have raised concerns that there is inadequate parking for the current use of the park. El Quito Park does not have an off-street parking facility. Visitors that drive to access the park must pazk their vehicles on the west side of Paseo Presada. Parking on the east side of Paseo Presada is prohibited to minimize parking intrusion into the adjacent neighborhood. El Quito Park is the City's second most used park by user groups behind Congress Springs Pazk. User groups are defined as groups that consist of ten or more persons. The park is used by a diverse set of user groups including CYSA Soccer, Adult Soccer, Little League Baseball, Men's Softball, Girl's Softball, Adult Volleyball, and a myriad of City Recreation Programs. On certain days, the parking demand exceeds the capacity of the available curb space on Paseo Presada and neighborhood intrusion does occur. In addition, no curb space is available for parents to drop off or pick up their child from the City's recreation program. The popularity of park and its intense usage has impacted the surrounding neighborhood in a negative way, so one of the tasks of the El Quito Park Task Force was to find a solution to the parking issue. Discussion: Over the past yeaz, staff has been working with the governing body of the Westhope Presbyterian ' Church (Westhope) in hopes of utilizing their parking lot for group. users of the park. The Westhope property borders El Quito Pazk along a portion of the park's westerlyproperty line. Attached is a 10-yeaz lease agreement with Westhope, which was drafted by the City Attorney. The lease agreement will allow the City to utilize the church parking lot for El Quito Park user groups. The rental term of the lease is the improvement of the pazking lot and maintenance of the same. The improvement work entails the asphalt overlay and re-striping of the existing parking and driveways and the construction of a drop off zone for park users (see attached parking lot plan).. Maintenance in the form of seal coat and re-striping work will be performed every five years over the term of the lease. The cost of the initial improvements is estimated at $75,000, which is budgeted in the current fiscal yeaz budget. The cost of maintenance is estimated at $10,000 over the term of the lease. Additionally, the lease contains a stipulation that provides the City with the first right of refusal to purchase the property if it becomes available. Staff and the City Traffic Engineer held two community' meetings with the condominium development north of Westhope Church property. At the first meeting residents of the development indicated that it is sometimes difficult to find adequate gaps in the traffic on Saratoga Avenue when they turn out of their development. They were concerned that an increase in the parking lot usage would make it even more difficult for them to exit. Gaps are controlled by the Cox Avenue signal. Two driveways that connect Sara Park Circle serve the development. The most important issue for drivers of vehicles turning out of Sara Park Circle is to be able to select an adequate gap in traffic. To maximize sight distance, prohibition of parking was recommended from the northern Sara Park Circle driveway to the northern Westhope Church driveway. By painting this curb section red and precluding vehicles from parking in this area, drivers exiting either Sara Park Circle driveway will have an unobstructed view of northbound traffic on Saratoga Avenue. In addition, elimination of parking will allow drivers to accelerate and decelerate through the relatively wide bike lane, instead of having to possibly turn around an adjacent parked vehicle and enter the travel lane immediately. To also maximize the decision-making time for Sara Pazk Circle drivers, the northern Westhope Church driveway on Saratoga Avenue will be closed at all times except during church services. This would require all group users to use the southern driveway, which is located approximately 350 feet from the southern Sara Park. Circle driveway. This circulation improvement would allow Sara Park Circle drivers to batter evaluate gaps in traffic by moving church site traffic further away. Church representatives have indicated that they are amenable to this access control 2 of 3 With these mitigation measures incorporated into the plan the residents were satisfied that the ' parking proposal would not have a negative imp2ct on them. FISCAL IMPACTS: $75,000 in the cturent fiscal year Pavement Management budget and $10,000 over the 10-year term of the lease agreement. CONSEQUENCES OF NOT FOLLOWING RECOM]VIENDED ACTION(S): The City will not enter into a lease agreement with Westhope and El Quito Park users will continue to utilize local streets for parking. ' ALTERNATIVE ACTION(S): Continue to search for other solutions to the parking issue. FOLLOW UP ACTION(S): The lease agreement will be executed and forwarded, to Westhope. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Lease Agreement. 2. Parking Plan. LJ 3 of3 ' Lease Agreement ~ ,, ,~ ' This Lease (Lease) dated as of May,, 2003.is'entered,into between the Presbytery of San Jose ("PSJ"); Westhope Presbyterian Church ("Westhope") ahd the Taiwanese/American Presbyterian Church ("TAPC") (collectively referenced hereafter as "Lessor")and the City of Saratoga, California ("Lessee"). , Section 1. Premises. Lessor is the owner of and hereby leases to Lessee and Lessee hereby leases from Lessor space on the grounds of Westhope and TAPC at 12850 Saratoga Avenue, Saratoga, California, as specifically designated in Exhibit A (Premises), which exhibit is hereby incorporated by reference. Section 2. Term. The term of this Lease is for 10 years (Term), commencing on April 1, 2003 and ending on March 31, 2013 and shall be automatically renewed for successive ten year terms provided, however, that no automatic renewal shall take place if either party objects to renewal and notifies the other party of said objection at least sixty (60) days prior to the renewal date. Notwithstanding the foregoing, this lease maybe terminated 60 days after fee title to the Premises is conveyed to a third party in an arm's length transaction if, prior to said conveyance, Lessor has provided Lessee with notice of its intent to sell and an opportunity to purchase the Premises upon reasonable terms and conditions. The right of termination upon transfer of ownership shall expire. one hundred and twenty (120) days ' after the date of transfer. Section. 3. Rental Terms. (a) The rent shall be $1.00 (Rent) per year, payable in advance to Lessor, on or before the first of April at the address of Lessor stated in this Lease or at another location Lessor may designate. (b) In addition to Rent, Lessee shall construct and maintain the improvements specified in Exhibit B, which exhibit is hereby incorporated by reference. ~J Page 1 of 11 ~ ~ ~. Section 4. Use. The Premises are to be used by Lessee as restricted parking for up to fifty, (50) vehicles at one time for organized groups using Quito Park pursuant to a Group Use permit issued by Lessee and specifically authorizing use of the premises, and no part of the Premises shall be used by Lessee for any different purpose. The Premises maybe used Monday through Friday from 3:30 p.m. until 30 minutes after sunset acid on Saturday from 8:00 a.m. unti130 minutes after sunset. The Premises may not be used on Sundays unless authorized by Lessor in writing. Lessee shall comply with all statutes, ordinances, regulations, and other requirements of all governmental entities that pertain to the occupancy or use of the Premises, and with all reasonable rules and regulations that are adopted by Lessor for the safety, care, and cleanliness of the Premises and the, preservation of good order on the Premises. Les'see's code enforcement personnel shall patrol the premises as part of their regular patrols of City parks. Section 5. Alterations. Lessor and Lessee agree that the alterations described on the attached Exhibit B, which exhibit is hereby incorporated by reference, shall be performed of the expense of Lessee. Except as described in Exhibit B, any alteration to the Premises without the prior written consent of Lessor shall be a breach of this Lease and, at the option of Lessor, shall cause a termination of this Lease. Section 6. Possession. Any delay in delivery of possession to the Lessee shall postpone the commencement of rent accordingly, but shall not otherwise affect this Lease. Section 7. Insurance. Lessee shall pay for and maintain insurance throughout the life of this Lease, with general liability coverage with minimum Five Million Dollars ($5,000,000) Combined Single Limit Bodily Injury and Property Damage Liability on occurrence form, which insurance shall be primary and not contributing with any other insurance, self-insurance or re-insurance in effect for the Lessor. The Liability policy or policies shall be endorsed to include the Lessor as Additional Insured as respects this Lease. The Liability policy or policies shall cover all operations of Lessee and protect the Lessee and Lessor from all Page 2 of 11 losses arising from operations on the premises by Lessee (including the parking lot and all visitors to the premises). Lessee shall also maintain or cause to be maintained workers compensation insurance for all employees of Lessee or any sublessee on the premises. Lessee shall furnish Lessor with proof of insurance, including a copy of the signed Additional Insured endorsement including the primary-not-contributing clause and the Notice of.Cancellation, evidencing coverage in force at all times during the entire lease period. Lessee shall provide at least thirty (30) days advance written notice in the event of ' any cancellation.. Such notice shall be delivered in the manner specified herein. Lessor and Lessee each waive the rights of subrogation that. may arise against the other because of any act covered by insurance. Section S. Default. Each of the following shall be an Event of Default under this Lease: (a) If Lessee fails to make any payment required 17y the provisions of this Lease, when due; (b) If Lessee fails within thirty (30) days after written notice to correct any breach or default of the other covenants, terms, or conditions of this Lease; (c) If Lessee vacates, abandons, or surrenders the Premises prior to the end of the Term; and (d) If all or substantially all of Lessee's assets are placed in the hands of a receiver or trustee, and that receivership or trusteeship continues for a period of thirty (30) days, or if Lessee makes an assignment for the benefit of creditors or is adjudicated a bankrupt, or if Lessee institutes any proceedings under any state or federal bankruptcy act by which Lessee seeks to be adjudicated a bankrupt or seeks to be discharged of debts, or if any voluntary proceeding is filed against Lessee under any bankruptcy laws, and Lessee consents or acquiesces by pleading or default. Section 9. Remedies. Upon the occurrence of an Event of Default under this Lease by Lessee, Lessor is entitled at Lessor's option to the following: (a) to reenter and take exclusive possession of the Premises; Page 3 of I 1 • (b) to collect immediately the present valne,of the unpaid rent reserved for the entire term, or to collect each installment of rent as it becomes' due; (c) to continue this Lease in force or to terminate, it at any tirpe; (d) to relet the Premises for any period on Lessee's account and at Lessee's' expense, including real estate commissions actually paid, and to apply the proceeds received during the balance of Term to Lessee's continuing obligations under this Lease; (e) to take custody of all personal property on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Lessee's obligations under this Lease; (f) to recover from Lessee the damages described in Civil Code' 1951.2(a)(1), 1951.2(a)(2), 1951.2(a)(3), and 1951.2(a)(4), the provisions of which are expressly made apart of this Lease; (g) to restore the Premises to the same condition as received by Lessee, or to alter the Premises to make them suitable for reletting, all at Lessee's expense; and (h) to enforce by suit or otherwise all obligations of Lessee under this Lease and to recover from Lessee all remedies now or later allowed by law. Any act that Lessor is entitled fo do in exercise of Lessor's rights upon an Event of Default maybe done at a time and in a manner deemed reasonable by Lessor in Lessor's sole discretion, and Lessee irrevocably authorizes Lessor to act in all things done on Lessee's account. Section 10. Maintenance and Repairs. Lessee acknowledges that the Premises are in good and safe condition and, except for services to be furnished by Lessor, agrees to maintain the Premises in good and safe condition. Lessee promises to surrender the Premises at termination of this Lease in the same condition as received, except for normal wear and tear and except for changes authorized by Lessor. Lessee agrees to make no repairs at the expense of Lessor. Section 11. Estoppel Certificate. • At any time within ten (10) days after request by Lessor, Lessee shall execute, Page 4 of 11 ' acknowledge, and deliver to Lessor, without charge, a written statement certifying that • this Lease is unmodified and in full force, or if there have been modifications, that it is in full force as modified. The statement shall also contain the date of commencement of this Lease, the dates to which the rent and any other charges have been paid in advance, and any other information Lessor reasonably requests. It is acknowledged by Lessee that any' statement. is intended to be delivered by Lessor to and relied upon by prospective purchasers, mortgagees,-deed of trust beneficiaries, and assignees. Section 12. Severab~hty. The invalidity of any portion of this Lease shall not affect the remainder, and any invalid portion shall be deemed rewritten to make it valid so as to carry out as near as possible the expressed intention of the parties. ' Section 13. Assignment or Subletting. Other than the issuance of Group Use permits described in section 4 of this Lease any assignment or subletting of any portion of the Premises, whether by operation of law or otherwise, without prior written consent of Lessor is void and shall be a breach of this • Lease, and at the option of Lessor, shall terminate this Lease. Section 14. Entry. Lessor reserves the right to enter the Premises at reasonable times to carry out any business purpose without any abatement of rent. Lessee agrees that Lessor may have access to and use of the parking spaces on the premises in a manner that does not unreasonably interfere with Lessee's use of the Premises. Section 15. Signs. Except as described in Exhibit B Lessee shall not place or permit to be placed in, upon, about, or outside the Premises any sign, notice, or display of any kind, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Section 16. Holding Over. Page 5 of 11 Any holding over after the expiration of the Term, with the consent of the Lessor; shall be construed to be a tenancy from month-to-month, cancelable upon thirty (30) days' written notice, and a rental and upon terms and conditions as existing during the Term of this Lease. Section 17. Destruction and Condemnation. If all or any portion of the Premises are condemned,or are transferred in lieu of condemnation, Lessor or Lessee may, upon written notice given within sixty (60) days after the taking or transfer, terminate this Lease. Lessee shall not be entitled to share in any portion of the award, and Lessee expressly waives any right or claim to any part of the award. Lessee shall, however, have the right to claim and recovex, from the condemning authority only, but not from Lessor, any amounts necessary to reimburse Lessee for the cost of removing stock and fixtures. Section 18. Indemnity. (a) Lessee agrees to indemnify, hold harmless, and defend Lessor from all claims . and liability of every kind, including court costs and attorney fees, arising in any way from any occurrence on the Premises, or related to the use,or occupancy of the Premises, which is caused by Lessee's negligence or willful misconduct. (b) Lessor agrees to indemnify, hold harmless, and defend Lessee from all claims and liability of every kind, including court costs and attorney fees, arising in any way from any occurrence on the Premises, or related to the use or occupancy of the Premises, which is caused by Lessor's negligence or willful misconduct. Section 19. Lessor's Right to Perform for Lessee. If Lessee fails to perform any obligation under this Lease, Lessor shall be entitled to make reasonable expenditures to cause proper performance on Lessee's behalf and at Lessee's expense, and Lessee promises to reimburse Lessor for any expenditures within ten (10) days after written notice from Lessor requesting reimbursement, and failure of Lessee to make the reimbursement shall be deemed to be a default the same as a failure to pay an installment of rent when due. All obligations of Lessee to pay money are payable without abatement, deduction, or offset of any kind. Page 6 of 11 ,. , , ,Section 20. Notices. . I 1i 1 , Any notice under this Lease shall be given by mailing the notice, postage prepaid, ' „ by certified mail, return receipt requested, to Lessee at the Premises'or any other' address set forth adjacent to City Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga ' CA, 95070 and to Lessor at the addresses set forth below, or to any other place designated in writing by the parties. Notices to Lessor shall be sent to: ' Presbytery of San Jose Stated Clerk's Office 888 N. 15` Street San Jose; CA 95112 Westhope Presbyterian Church 12850 Saratoga Avenue Saratoga, CA 95070 Taiwanese/American Presbyterian Church 12850 Saratoga Avenue Saratoga, CA 95070 • Section 21. Attorney Fees. In any action or proceeding by either party to enforce this Lease or any provision of this Lease, the prevailing party shall be entitled to recover reasonable attorney fees and all other costs incurred. Section 22. Legal Effect. All obligations of Lessee are expressly made conditions of this Lease, any breach of which shall, at the option of Lessor, terminate this Lease. Section 23. Titles. The titles or headings to paragraphs shall have no effect on interpretation of provisions. • Page 7 of 11 ' ' Section 24. Successors. ~ ~ "' ,, The provisions of this Lease shall applyto and bind the heirs, successors,,and assigns of the parties. ~ , ' Section 25. Waiver. ~ ' The failure of Lessor to enforce a provision of this Lease shall not be deemed a waiver for any purpose, • Section 26. Janitorial Services: Lessee shall be responsible for janitorial service within the rented space, including payment for the janitorial service. Page 8 of 11 ' Section 27. Entire Agreement. This Lease, together with each attached exhibit, shall constitute the entire agreement' of the parties, and maybe modified only by a writing signed by the parties. Section 28. Time of the Essence. Time is of the essence in the performance of Lessee's obligations under this Lease. Section 29. Subordination. This Lease, at Lessor's option, shall be subordinate to the lien of any first deed of trust or first mortgage subsequently placed upon the reaj property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions; provided, however, that as to. the lien of any deed of trust or mortgage, Lessee's right to quiet possession of the. Premises shall not be disturbed if Lessee is not in default and so long as Lessee pays. the rent and observes and performs all of the provisions of this Lease, unless this Lease is otherwise terminatedphrsuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this Lease prior to the lien of a mortgage, deed of trust, or ground ]ease, and gives written notice to Lessee, this Lease shall be deemed prior to that mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of that ' mortgage, deed of trust, or ground lease or the date of recording. Section 30. Governing Law. This Lease shall be governed by and construed in accordance with California law. Page 9 of 11 ~~ The parties have executed this Lease on the date first written above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. LESSOR: Presbytery of San Jose By: Date: Print Name: Position: ' Westhope Presbyterian Church By: Print I~Tame: Position: Date: By: Print Name: Position: Taiwanese/American Presbyterian Church Date: Page 10 of 11 LESSEE: CITY OF SARATOGA, amunicipal corporation By: ~ Date: • Dave Anderson, City Manager ATTEST: By: Date: Cathleen Boyer, City Clerk APPROVED AS TO FORM: By: Date: Richard Taylor, City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: Jesse Baloca, Administrative Services Director Attachments Exhibit A -Description of Leased Premises Exhibit B -Improvement and Maintenance Obligations Page 11 of 11 Presbyterian Church s~ i PL. 9,000 sq. ft/ Sanctuary Parking Lutheran Church Development Acre site , , , . ~. ~ . . ,, Quito Park PR~t~sEp ~~~ 'PACK 1 N C~ At?~A t~'zoP oF~' /~~~~ \ Residential ~i / I Development I 300 0 300 600 Feet N ~!. C. C~V~RLAY AREA W S E Improvements/Mainten ance: Initial Improvements: Exhibit B 1.. The Lessee will overlay all existing paved areas (Driveways and Parking Areas), per attached site plan, with 1 '/z inches of asphalt concrete. 2. The Lessee will expand the existing rear parking area per attached plan. 3. The Lessee will stripe the newly overlayed areas and expanded parking area to maximize parking availability. Yearly Maintenance: 1. An annual inspection by Lessee and Lessor shall be performed to note any deficiencies in the paved areas. ' 2. Lessee will be responsible for any repairs required within the paved areas caused by normal wear. 5 Year Interval Maintenance: 1. Every 5 years during the term of the Lease or as often as agreed to by the parties to this agreement the Lessee will seal the paved areas and re-stripe the parking areas. ~~..J ,, ~ ~ ~,Y ~ ~ a a ~ ~~ ~' a ~. ~. . . a3 .> , ~ .~ S `~ --`°------- -°----- ~ ^ ~ r ~ w x= ao.v x a~p nsu>.w0 ~ (n f n>a. p~ ~ O ~ ~ 1~ $ ~ ~~//F ' ~£ p q ~ b~ K .y, v>»a. py ~ ~~ N i ~ ~ ~l ~ ~' ~^ '~r i p ~i i Y ~i i W X ~ ( ~ Q i i n t--'~'~~~ I I I z i ( f 4 ~i i c u I I i i a e~~i i a ~ , Q •~ i ~ ~ ~a~ -li ~~= i L i I t j ( I >ee. s i I ~ i ~! I 3 I L.._... _,..-_J I i~ anuany e6o;eaeg i~ U g W U` s o ~; a ~. a ~. a x w N W ~. ~ , LL ' , ~ ~ SARATOGA CIT'Y' COUNCIL ~ j , ~~ MEETING DATE: May 7, 2003 AGENDA ITEM: I ~.l ORIGINATING DEPT: Public Works CITY MANAGER: «"~/~~r~ PREPARED BY: MOYEan Kessler /i~( DEPT HEAD: .P~~c~1i~-o-KD_. SUBJECT: Saratoga Speed Zone Study. RECOMMENDED ACTION(S): Receive report and provide direction to staff regazding the recommendations. REPORT SUMMARY: Back ound Although the California Vehicle Code establishes statutory speed limits for broad roadway classifications, these regulations cannot cover every local road or traffic condition. Because of this, governments have the authority to modify the statutory speed limit to accommodate specific local conditions. To accomplish this, a licensed traffic engineer must conduct a speed zone study. periodically. The study's purpose is to examine local speed trends and existing speed limits, and to establish speed limit recommendations based upon the 85~' percentile of observed speed on a given study segment. The survey is then brought before the government's decision-making bodies for review and acceptance or modification. In the case of this survey, school zones were also reviewed for safety and compliance with applicable laws. The enforceability of speeding violations is dependent on the adoption of a speed survey's recommendations. If a speeding ticket is challenged in court, the adopted speed zone survey is used as the official document for local speed limit regulations. If there is no current adopted speed survey on file, or if the posted speed limit is not consistent with what is recommended by the speed survey, the ticket may be dismissed by the judge. Last year, Higgins Associates, Inc. for the City of Saratoga performed a speed zone study. The report was brought before the Saratoga Public Safety Commission and the Santa Clara County Sheriffls department for review and comment of the study's recommendations. Following review, the PSC voted on each recommendation item in the study, and under direction of the City's Traffic Engineer, made a decision whether an item should be accepted, or rejected with no change to existing conditions. r ' ~ The study's recommendations are itemized below, with the corresponding decision from the Sazatoga Public Safety Commission. A detailed description of each recommendation and its rationale may be found in Attachment 1. Additionally, a complete copyof the speed zone survey is avvlable irrPublic Works if you wish to review it.~ Staff will bring back an update to the speed zone ordinance and schedule a public hearing at the next regular City Council Meeting. Discussion The following aze speed limit recommendations regazding certain Saratoga street segments, as made by Higgins Associates, Inc. The Saratoga Public Safety Commission decision is directly below the recommendation. 1. Segment #3, Allendale Avenue between Chester Avenue and Quito Road: Change posted speed limit from 25 mph to 35 mph. Public Safety Commission Decision: Reject recommendation, keep posted speed limit at 25 mph. 2. Segment #4, Beaumont Avenue between Herriman Drive and Glasgow Drive:. Change speed limit from 25 mph to 30 mph. Public Safety Commission Decision: Reject recommendation, keep posted speed limit at 25 mph. 3. Segment #6, Chester Avenue between Allendale. Avenue and Ten Acres Road: Keep speed limit 25 mph. Public Safety Commission Decision: Adopt recommendation, keep speed limit at 25 mph. 4. Segment #10, Cox Avenue between Saratoga Avenue and Paseo Presada: Change speed limit from 25 mph to 30 mph. Public Safety Commission Decision: Reject recommendation, keep speed limit at 25 mph. 5. Segment #12, Fruitvale Avenue between Saratoga-Los Gatos Road and Burgundy Way: Keep speed limit 35 mph. Public Safety Commission Decision: Adopt recommendation, keep speed limit at 35 mph. 6. Segments #13 & #15, Fruitvale Avenue between Burgundy Way and Allendale Avenue: Keep speed limits 35 mph. Public Safety Commission Decision: Adopt recommendation; keep speed limits at 35 mph. 7. Segments #14 & #16, Fruitvale Avenue between Allendale Avenue and Saratoga Avenue: Keep speed limits at 35 mph. Public Safety Commission Decision: Adopt recommendation; keep speed limits at 35 mph. 2 of4 8. ~$egment #17, Glenbrae Drive between Scotland Drive and Cox~Avenue: Keep speed limit at 25 mph. ' Public Safety Commission Decision: Adopt recommendation, keep speed limit at 25 mph. 9. Segment #18, Herriman Drive between Saratoga-Sunnyvale Road and Saratoga Avenue: Keep speed limit at 25 mph. Public Safety Commission Decision: Adopt recommendation, keep speed limit at 25 mph. 10. Segment #20, Mendelsohn Lane between Saratoga-Los Gatos road and:Saratoga-Los Gatos Road: Keep speed limit 25 mph. Public Safety Commission Decision: Adopt recommendation, keep speed limit at 25 mph. 11. Segments #23 & #24, Pierce Road between Highevay 9 and Mount Eden Road, and behveen Mount Eden Road and Surrey Lane: Keep speed limit 25 mph. Public Safety Commission Decision: Adopt recommendation, keep speed limit at 25 mph. 12. $egment #34, Quito Road between Bicknell Road and Pollard Road: Keep speed limit 25 mph: Public Safety Commission Decision: Adopt recommendation, keep speed limit at 25 mph. 13. Segments #46-53, Saratoga-Sunnyvale Road between Saratoga Avenue and Prospect Road: Standardize segment speed limit to 40 mph. Public Safety Commission Decision: Adopt recommendation, change posted speed limit, to 40 mph. 14. Segments #43-45, Saratoga Avenue Between Cox Avenue and Northern City Limit: Standardize segment speed to 40 mph. Public Safety Commission Decision: Adopt recommendation, standardize posted speed limit to 40 mph. FISCAL IMPACTS: No direct fiscal impacts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Saratoga Speed Zone Survey would not be accepted at this time and the update of the speed zone ordinance would not move forward. 3 of4 ALTERNATIVE'ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): ' '' A Public Hearing will be scheduled for the update of the speed zone ordinance. ADVERTISING, NOTICING AND. PUBLIC CONTACT: ' Nothing additional. ATTACHMENTS: 1. Chapter 3: Recommendations, from Saratoga Speed Zone Study-2001. 2. Exhibit 1: Speed Survey Street Study Segments, from Saratoga Speed Zone Study-2001 Ir_..I 4 of 4 ~, ' ~~ ~ CHAPTER 3 : RECOMMENDATLONB ~, 3.1 , 1Recommended Speed Zones Amendments ,~ After reviewing all the data collected for this speed zone study and taking into consideration the criteria required to amend existing speed limits as described in the California Vehicle Code section 627, a couple of changes to the existing posted speed limits are proposed. The existing speed zones as posted on each of the study segments at the location of the survey, can be seen in Exhibit 3, whilst the changes to the existing speed limits are graphically shown in Exhibit 7. Changes ~ to the existing posted speed limits on the following street segments aze .recommended: #3 -Allendale Avenue between Chester Avenue and Quito Road -Recommended change ' from 25 to 35 mph for this 0.36 mile section of Allendale Avenue. The remainder of the length of Allendale Avenue has a speed limit posted as 35 mph and there were no unusual factors observed during the speed zone survey that indicated why this segment should be posted as 25 mph. The 85`b percentile speed traveled on this road is 35 mph in both the EB and WB direction which indicates that the speed limit posted is not reflecting the speed traveled at present. It is recommended that the speed limit of this segment of Allendale Avenue be set at the 85`"percentile speed traveled to have a uniform speed limit of 35 mph along the entire length of Allendale Avenue. Nomid-block speed related accidents have been recorded on this road during the 3 year period analyzed. #4 - $eaumont Avenue between Herriman Avenue and Glasgow Drive -Existing speed limit along this residential road is 25 mph. However, the 85`s percentile speed traveled on this road is 33 and 34 mph in the northbound and southbound direction which indicates that the speed limit posted is not reflecting the speed traveled at present. The speed limit should thus be set at 30 mph to legally use radar speed enforcement. It is recommended to change the speed limit from the existing 25 mph to 30 mph 4o facilitate legal speed enforcement. One mid-block speed related accident has been recorded on this road during the 3 year period analyzed. #6 -Chester Avenue between Allendale Avenue and Ten Acres Road -Existing speed limit along this residential road is 25 mph. However, the 85`"percentile speed traveled on this road is 37 mph in both directions indicating that the speed limit posted is not reflecting the speed traveled at present. However, this is a fairly narrow residential street, which warrants ' a speed zoning of not more than 25 mph and it is not recommended ti increase the existing speed limit to 35 mph as indicated by the 85'h percentile speed. The speed survey shows that the posted speed limit is not adhered to and ineffective in containing the speeds traveled along this section of the road. It is thus recommended that Chester Avenue between Allendale Avenue and Ten Acres Road be identified as a section of road requiring the implementation of traffic calming measures to reduce the speeds traveled. No mid-block ' speed related accidents have been recorded on this road during the 3 year period analyzed. F:\2001VobsV Sl-200W01-187W01-187 Report2.wpd 7 r reflecting the SB or NB speed traveled. at present. The speed limit shall be established'the .same in both directions at a given point on a roadway. Thus, the lower of the.two critical t speeds may be used to determine the overall segment speed limit and a speed limit of 30 mph could be implemented according to the 85's percentile speed. However, this is a residential street and the nature of the area and the pedestrian movement azound the pazk located adjacent to Glen Brae Drive, has been considered and'it is recommended that the existing 25 ' , mph speed limit be maintained. Furthermore, the speed survey results show that the posted- speed limit is not containing the speeds traveled along this section of the road and it is thus recommended that Glen Brae Drive be identified as a road requiring the implementation of traffic calming measures. It is further suggested that the implementation of a stop sign at ' Glen Brae Drive's intersection with Via Real Drive be investigated. The implementation of a stop sign in that location will automatically warrant a 25 mph speed limit for this segment of road under the CVC 25 mph Prima Facie speed limit (s 40 feet in width, s '/z mile uninterrupted length and primarily residential) requirements. No mid-block. speed related accidents have been recorded on this road during the 3 year period analyzed. #18 - Herriman Avenue between Saratoga-Sunnyvale Road to Saratoga Avenue - Existing speed limit along this road is 25 mph. However, the 85'" percentile speed traveled on this road is 38 mph in the eastbound and in the westbound direction which indicates that 1 the speed limit posted is not reflecting the speed traveled at present and should rather be posted at 35 mph. However, this is a residential street that also provides access to the Saratoga HighS'chool and a 25 mph speed limit is more appropriate. Several (25) accidents I have been recorded along this road during the 3 yeaz period analyzed of which 10 were speed related. The accident rate determined for this segment of road is 4.44 accidents per million vehicle miles traveled compared to the Caltrans comparable rate of 2.55 accidents per ' million vehicle miles traveled. It is thus recommended that a speed limit of25 mph be posted. and strictly enforced based on the high accident rate recorded on this road. #20-Mendelsohn Lane between Saratoga-Los Gatos Avenue and Saratoga-Los Gatos ' Avenue -Existing. speed limit along this residential road is 25 mph. However, the 85's percentile speed traveled on this road is 37 mph in the southbound direction and 28 mph in the northbound direction which indicates that different speeds aze traveled for each direction. The speed limit shall be .established the same in both directions at a given point on a roadway. Thus, the lower of the two critical speeds maybe used to determine the overall segment speed limit and a speed limit of 25 mph could be implemented and is recommended on this residential street. No mid-block speed related accidents have been recorded on this road during the 3 year period analyzed. #23 & #24 -Pierce Road between Highway 9 and Mount Eden Road & Between Mount Eden Road and Surrey Lane -This is a fairly narrow and windy road and the speeds 1 traveled along this road exceed the posted 25 mph. The 85"' percentile speed on this road varies between 31 and 35 mph which indicates that the speed limit posted is not reflecting the speed traveled at present. Four mid-block speed related accidents have been recorded on this .road during the 3 year period analyzed. The accident rates determined for these two segments of road is 4.05 and 3.03 accidents per million vehicle miles traveled respectively compazed to the Caltrans comparable rate of 2.95 accidents per million vehicle miles traveled. F:\2001Vobs\15]-200W01-187\A01-187 Report2.wpd 9 '~ #t52 & #53 -Saratoga-Sunnyvale Roads ,between', UPPR' and Prospect Road - ' ' Recommended change'from' 40 & 45 to 40 miles per hour (ihph), The 85`s percentile speed , ' 'traveled on this road is 42/45 mph. Eight mid-block speed related accidents have been recorded on this segment of the.road during the 3 year period analyzed and the accident rate ' calculated for this segment is 1.91 accidents per million vehicle miles traveled compazed to the Caltrans rate which is 1.3 accidents per million vehicle miles traveled. 1 3.2 Speed Zones Postings at Schools ', ~ ', The location of the posted speed signs around schools were checked and evaluated for correctness according to the Federal Highway Administration's Manua] on Uniform Traffic Control Devices (MUTCD), December 2000, Part 7, requirements. ' The following schools were evaluated (Refer to Exhibit 8 for the location of the schools and Appendix D for the explanation of signs): ,• Argonaut Elementary School (1) -This school is located on a local street in a residential area where a Prima Facie speed limit of 25 miles per hour is appropriate. It is thus not required that other speed signs be posted around the school. The Sl-1 and W 16-9p and W 16-7 school warning and crossing signs are in place. For speed enforcing, the appropriate speed zone signs are thus in place. • Blue Hills Elementary School (2) -This school is located on a local street in a residential area where a Prima Facie speed hm~t of 25 miles per hour is appropitate. No other speed signs were posted around the school except one around the comer on Kirkbrook Drive. However, the 51-1 and W 16-9p and W 16-7 school warning and crossing signs were in place. For speed enforcing, the appropriate speed zone signs are thus in place. • Christa McAuliff Elementary School (3) -The signs for this school is mostly in ' place. The view to the RZ-1 speed zone sign on the WB approach is obstructed by another sign and shou]d be moved. The SS-2 End School Zone signs are also either not in place or incorrectly placed. This should be rectified for legal speed enforcement. • Foothill Elementary School (4) -The appropriate signs to support speed zone enforcement are in place. ~I Marshall Lane Elementary School. (5) -This school can be accessed from both Marshall Lane and Sobey Road. The appropriate signs to support speed zone enforcement are in place for Sobey Road, but the S 1-1 and W 16-9p signs are placed too far on Marshall Lane and the SS-2 End School Zone signs are also either not. in place or incorrectly placed. For speed enforcing, the appropriate speed zone signs should be put in place. F:~2001Vabs\151-200W01-18)WO]-187 Repon2.wpd 11 J I~ L ' Higgins Associates nOt-1aT...~sueets.apr Base map provided by City of Szrztoca SARATOGA CITY COUNCIL MEETING DATE: May 7, 2003 , AGENDA ITEM:, ' ~~ ORIGYNATING DEP • City Manager CITY MANAGER: ~~-/ '~~~ PREPARED BY. ~ DEPT HEAD: , SUBJECT: Cities Association Legislative Committee RECOMMENDED ACTION: Accept report,and direct Cities Association Legislative Committee representative accordingly. REPORT SUMMARY: Vice Mayor Waltonsmith represents the City of Saratoga on the Cities Association Legislative Task Force. Attached are bills the Task Force would like the City to consider. The members of the Task Force desire feedback from each City Council on the bills; whether to support, oppose or continue to monitor with no position taken. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:. N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Proposed Bills