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Home My WebLink About05-20-2003 City Council Agenda PacketS s CITY OF SARATOGA CITY COUNCIL LAND USE AGENDA TUESDAY, MAY 20, 2003 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE CITY COUNCIL AGENDA FOR MAY 21, 2003 ON MAY 20, 2003 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Appeal of a Planning Commission to Approve Design Review and Use permit Applications to Construct New . Facilities for St. Andrew's Parish and School located at 13601 Saratoga Avenue 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. ~J ARCHI~ COPY AGENDA , REGULAR MEETING SARATOGA CITY COUNCIL. • May 21, 2003 OPEN SESSION - 4:00 P.M. ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE YOUTH COMMISSION INTERVIEWS 1. 4:00 p.m. Amit Aunkumar Saratoga High School - 9`n 2. 4:05 p.m. Tanya Gupta Lynbrook High School - 9`n 3. 4:10 p.m. Monte Malhotra Saratoga High School - 10'n 4. 4:15 p.m. Nikitha Sambamurthy Lynbrook High School - 10`n 5. 4:20 p.m. Carolyn Wu Sazatoga High School - 11`n 5. 4:25 p.m. Pratik Pramanik Lynbrook High School - 9`n 6. 4:30 p.m. .Annie Kim Sazatoga High School - 9`n 7. 4:35 p.m. Jessica Claus Prospect High School - 12'n 8. 4:40 p.m. Andy Miller Archbishop High School - 10`n 9. 4:45 p.m. Anuradha Sivaram Lynbrook High School - 10`h 10. 4:50 p.m. Phillip Baker Bellarmine High School - 10`F` I1. 4:55 p.m. Chris Williams Westmont High School- I la' 12. 5:00 p.m. Elise Schwaztz Saratoga High School - 10`" 13. 5:05 p.m. Stephen Chen Saratoga High School - l hn 14. 5:10 p.m. Laura Balaban Sazatoga High School - 11`n I5. 5:15 p.m. Kazthik Chandran Lynbrook High School - 10`n 16. 5:20 p.m. Jackie Luckey Sazatoga High School - 11`F' 17. 5:25 p.m. Prateek Tandon Monte Vista high School - 10`" 18. 5:30 p.m. Elli Rezaii Redwood Middle School - 8`n 19. 5:35 p.m. Derrick Hsu Monte Vista high School - 11`n 20. 5:40 p.m. Chrissie Chew Saratoga High School - 12th 21. 5:45 p.m. Michael H. Tsai Lynbrook High School - 10`n 22. 5:50 p.m. Ishan Nagpal Saratoga High School - 9`n 23. 6:00 p.m. Michael Byrne Saratoga High School.- 9`n CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER- 6:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 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 -Anticipated Litigation: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) Conference With Legal Counsel-Threatened Litigation (1 item). REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCH. CHAMBERS AT 13777 FRUITVALE AVENUE . MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 16, 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. None CEREMONIAL ITEMS lA. Proclamation - Declazing the Month of June "Sclerroderma Month" Recommended action: Present proclamation. 1B. Commendation -Peter Wohlmut -Saratoga Community Access Television Boazd Recommended action: Present commendation. 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 -April 16, 2003 Recommended action: Approve minutes. 2B. Review of Check Register Recommended action: Approve check register. 2C. Planning Action Minutes -April 14, 2003 Recommended action: Note and file. 2D. Adoption of Resolution -Containing Findings and Decision By City Council Regarding Denial of Appeal by William F. Breck of Variance Granted by Planning Commission to Mitchell and Tracy Cutler for 25-Foot Long, Six Foot High Wall at 14480 Oak Place Recommended action: Adopt resolution. • 2E. Approval of Consultant Agreement for Trail Easement Research Recommended action: • Approve proposal and authorize City Manager to execute agreement. 2F. California Homeland Security Funding Plan Recommended action: Authorize representative to sign protest letter from the Santa Claza County Emergency Preparedness Council. 2G. Midpeninsula Regional Open Space -Proposed Extension of its Boundaries to the San Mateo Coast Recommended action: Adopt resolution. 2H. On-line Registration and transaction Recommended action: Authorize purchase of software. 2I. Civic Theater Upper Level Re-Roof Project -Notice of Completion Recommended action: Accept project as complete and direct staff to record the Notice. of Completion. 2J. Contract Renewal for Municipal Traffic Engineer Recommended action: Approve contract and authorize City Manager to execute the same. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of frve minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 3. Appeal of a Planning Commission to Approve Design Review and Use permit Applications to Construct New Facilities for St. Andrew's Pazish and School located at 13601 Saratoga Avenue Recommended action: Conduct public hearing; uphold the Planning Commission approval; adopt resolution. 4. Public Hearing and First Reading of an Ordinance Amending Article 16 of the Saratoga City Code relating to the Maintenance of Building Sites and Expiration of Building permits Recommended action: Conduct public hearing; introduce ordinance; waive first reading; and direct staff to place the matter on the Consent Calendar for the next council meeting. • OLD BUSINESS 5. Sazatoga Library Project Update Recommended action: Approve expenditures of up to $2500; approve additional funds for Gilbane; Provide direction on acoustical panels; announce date of Grand Opening Celebration. 6. 2003-2004 Preliminary Budget Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 7. Approval of Design Plans for Playground and Park Improvements at Brookglen, El Quito, Wildwood Parks Recommended action: Approve design plans. 8. Redberry Annexation Discussion Recommended action: Discuss the annexation process. 9. KSAR 15 Equipment Upgrades Recommended action: .Accept report and direct staff accordingly. 10. Future Use of McWilliams House Recommended action: Accept report and direct staff accordingly. AGENCY ASSIGNMENT REPORTS Agency Association of Bay Area Government Chamber of Commerce County Cities Association Leg. Task Force County HCD Policy Committee Emergency Planning Council Hakone Foundation Liaison KSAR Community Access TV Boazd Library joint Powers Association Northern Central Flood Control Zone Advisory Boazd Peninsula Division, League of California Cities Santa Clara County Valley Water Commission Santa Clara County Cities Association SASCC Liaison Saratoga Business Development Council Sister City Liaison West Valley Solid Waste Joint Powers Association 5 Councilmember Alternate Kline Bogosian Kline King Waltonsmith Streit Bogosian King Bogosian King Streit/Waltonsmith - King Kline Kline Bogosian King Bogosian Kline Waltonsmith Streit King Streit Waltonsmith Waltonsmith Streit Streit Kline King Waltonsmith King Kline Valley Transportation Authority PAC West Valley Sanitation District Silicon Valley Animal Control JPA CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT Waltonsmith Kline Bogosian Streit Bogosian Streit In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) REVISED -CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 . 6/4 Regular Meeting 6/18 Regular Meeting 7/2 Regular Meeting 7/16 Regular Meeting 8/6 Regular Meeting -City Manager Evaluation 8/20 Summer Recess 9/3 Regular Meeting 9/17 Regular Meeting 10/1 Regular Meeting 10/15 Regular Meeting 11/5 Regular Meeting 11/19 Regular Meeting 12/3 Regular Meeting 12/9 Special Meeting -Council Reorganization 12/17 Regular Meeting 6 ' SARATOGA CITY COUNCIL i I~, MEETING DATE: May 21, 2003 AGENDA ITEM: 1 T-1 ORIGINATING DEPT: City Manager CITY MANAGER: ~'/~G'~y-'- PREPARED BY: DEPT HEAD: SUBJECT: Proclamation -Declaring the Month of June 2003 "Scleroderma Awareness Month" RECOMMENDED ACTION: Read proclamation and present it the representative of Pleasanton Cluh of Lions. REPORT SUMMARY: Attached is a proclamation declaring the Month of June 2003 "Scleroderma Awareness Month". 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 copy of proclamation CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF JUNE 2003 SCLERODERMA AWARENESS MONTH WHEREAS, scleroderma is a chronic, degenerative disorder which leads to the over production of collagen in the body's connective tissue, becoming most serious when it affects internal organs causing severe damage and serious complications to the body's digestive, respiratory, circulatory and immune systems; and WHEREAS, scleroderma is estimated to affect nearly 500,000 Americans, with approximately 80% of its victims women who are usually in the prime of their lives; and WHEREAS, the scleroderma Research Foundation funds and facilitates two national "centers without walls" focused exclusively on finding a cure: The scleroderma Research Foundation's approach is collaborative and cross institutional, with sharing of all research material, results, and information; and WHEREAS, locally, the Pleasanton Club of Lions International and the Bay Area scleroderma Support Group continue to raise money to help fund scleroderma research efforts. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby proclaims June 2003 as "scleroderma Awareness Month" in the City of Saratoga and encourages all residents to become educated about scleroderma and to support the efforts of the foundations and those sponsors who will contribute funds to support research to find a cure. Witness our hand and the seal of the City of Saratoga on this 21st day of May 2003. Nick Streit, Mayor MAR-28-2083 02:40 PM HL7GHE5 u 408 926 4075 P•Or Pleasanton ~~ We Meet 2nd & 4th Tuesdays - 7:15 p. m. L J la A~X1;1y To: A9'TEIVTIgIO': March 28, 2003 Mayor Niok Streit City of ~'sarafaga 40~ s6•r-sss9 Kathleen Mary Lou Hughes, Co-Chairperson Bay Area Scleroderma Support Crroup 970 Rock Canyon Cinle San Jose, CA 95127 (408) 926°4314 ~- ~liQM ~~~ y~..CmVI!4 J t We wvuld like to request a Proclamation Pram your city tlxat declares the month of June as "Scleroderma Awareness Month." I have attached a copy of your proclamation from 2002 or sample wording for the :Prociaxnation. We would greatly appreciate your support in providing a proclamation so that we can use it in our awareness campaign and fund raising efforts. Last year, our efforts produced $45,000, the pro64s of which were donated toward research on scleroderina. In an effort to increase awa.~ncss about the disease, the Pleasanton lions Club and the Bay Area Scleroderma Support Crroup are participating in a national campaign to proclaim the month of June as "Sclcroderma Awareness Month." We have various events planned, including a golf tournament and dinner on Friday, June 20, 2003, at Las 1'ositas Golf Course ht Livermore. You are cordially invited to participate. Also attached is a brief fact sheet abort Scleroderma. Please mail the Proclamation to my home address in San Jose (listed above). If possible, we would like to have the proclamation by April } 1 th so that we nay include it witlx our fwtd raisin€; documents. Thant: yvu for your support. If you have any questions, please call me at (408) 926-4314. S~in,,cger+ely, / LT ~` / ~~ Mary L Y3uglxes gay Area Scleroderma Support Cxroup Jerry Hiil, President pieasantou Lions Club P.O. f3QX 266 PLEASANTON, CALIFC7RNIA 94566 MRR-28-2003 02:43 PM HUGHE5 408 926 40T5 ScYcrvderina Fact : hest What is 5cBeraderma7 sclerodermo is Greek for "hard skin," but It la not just a skin disease. Tt is a chronic, degenerative disorder #hat leads to vascular deterioration, tissue loss, and the overproduction of Collagen in the body's connective tissue. Scteroderma is most serious when it affects internal organs, causing severe damage. and serious complications for the body's digestive, respiratory, circulatory and immune systems. Scleroderma Symptoms Scleroderma is so highly individuaitxed that similar patients may be nffected in manydifferent ways. At one time or another you may experience one or more of these symptoms without serious consequences. However, if you have persistent complaints, you should pursue a closer examination. 2f you suffer from any of The symptoms listed below, it is advisable you consult a physician. Tightening or swelling of the skin • Skin thickening • Raynaud's phenomenon {hands and feet changing cotor in response to temperature) Arthritis • Weight loss Badyfmuscie pain • Joint or bone aching Stiffness of hands/feet • Catcinosis (white lumps under the skin that can erupt' in#o chalky white f luid) • Dlseoloration of the skin Shortness of breath • Nalr toss • Swallowingdiffieulties o Heartburn • anternal organ problems Wh®m t~a 5ee Rheumatolagists specialize in pain and inflammation of muscles, joints or soft tissue. They are most likely to be familiar with many different signs of scleraderma so that a diagnosis can be madd: Dermatologists specialize in skin and can also perform tests that Can confirm a diagnosis. Finding a -Cure for Scleroderma The Scleroderma Research Foundation funds and facriitates two national research "centers without walls" focused exclusivefy on finding a cure. Our approach is collaborative and cross-institutional, with sharing of all research materials, results, and information. Sefarodermo Research Foundation 230 Bath Street, Suite 325 Santa Bnr6ara, CA 93205 -Tel: (805) 5b3-9133 http://www.$fcure.org P. 03 MqR-28-2003 02:44 PM HUGHES 408 926 4075 Pa 04 • The l~~ea~anton I~xvn~ ~iub and The B~.y .Area Scieroderrn.a Support Thy ~and~a az~lhafe~ 1VYen,.®~ial ~l'T'~~r~ame~ T~ Benefit Sclerr~der~n.a Sandra Jean Hazelhofer Marefi 1Ni, 1942-January 10,?A01 Dear Friend: We arc planning our annual golf tournarncnt to benefit Sderodcrrna. All proceeds from this event will go to help fund Sclerodenna research and awareness. Since Sandy began this event i4 years ago over $175,000.00 has been donated to Sclcrodcrnra lkesearch and Patient Cara The u>urnaurcnt is natued to honor Sandy's memory ;urd her commitment to finding n cure for Sclcroderma. if you have helped us make this henefit successful in the past, we arc hopefi~l you will continue to support our very impotnant and worthy cause again this year. The totn•nament wit! he held on Iy-iday, Junc 20th, 2003 at the Las Positas Golf Course. Tee-off will be a shotgun start at 12:00 Noon. Lunch will be served prior to tee-off. The Aw~u•ds Banquet wilt follow at the Shrine l;vent. Center, which is about 4 blocks frown the golf course;, Any donation large or small will he vreatly appreciated; checks should he made out to Sclcroderma Benefit. We could also use gift certificates, golf pl'1LCS, and items for our rafl7e and auction. Hole sponsors arc welcome at $75 each for tee or green. Our Tax ID number is 23-71.5-1961. Can we count on your gcncrvsity again this year? Please return your entry form to the address below, Not' further info picase call Jerry Hill at (925) 846-9628 or 3olut Darling at (925) 443.8203, We hope you will jcln us for a great tinac, great food and great prizes! Sincerely Yowl, '~ The Pleasanton C-ions Club and ~ ~~ ~ `~ 't'he l3a Area Sclerodcrnra Su ~ ~'~ '~ Y pport Cuotrp Mailing address: ~co„ 40 aclerc,denna Berrcl3t ~~'' '~ ~~ Y. 0.13UX 266 d c'~ ~ .' Pleasanton, Ca. 9456( S9 `' SARATOGA CITY COUNCIL l MEETING DATE: May 21, 2003 AGENDA ITEM: ! ` ORIGINATING DEPT: pCity Manager CITY MANAGER: ~Gi~~ PREPARED BY: DEPT HEAD: SU$JECT: Commendation - Peter Wohlmut/Saratoga Community Access Television Board RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: Attached is a commendation for Peter Wohlmut has twice served on the Saratoga Community. Access Television Board. Mr. Wohlmut has recently resigned from the board due to the fact that he is moving out of town. 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 RESOLUTION OF THE CITY COUNCIL COMMENDING PETER WOHLMUT FOR HIS SERVICE ON THE SARATOGA COMMUNITY ACCESS TELEVISION BOARD WHEREAS, Peter Wohlmut has twice served on the Sazatoga Community Access Television Board, assisting it with both his exceptional. knowledge and his good sense; and WHEREAS, Peter has served as both Chair and Vice Chair of the Board; and WHEREAS, Peter initiated and carried through the first Saratoga Community Access Television viewer survey; and WHEREAS, Peter led in the professionalization of the Sazatoga Community Access Television organization; and WHEREAS, Peter worked actively on the search for a Community Access Director; and WHEREAS, Peter was instrumental in acquiring needed studio equipment; and WHEREAS, Peter worked to bring innovative forms of live coverage to Saratoga Community Access Television; and WHEREAS, the Saratoga City Council is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVER, that PETER WOHLMUT is hereby commended and thanked for his outstanding participation and dedication in the City of Saratoga and Sazatoga Community Access Television Boazd. Witness our hand and seal of the City of Saratoga on this. 21~` day May 2003. Nick Streit; Mayor City of Sazatoga SARATOGA CITY COUNCIL MEETING DATE: May 21, ORIGINATING PT~~fi PREPARED BY: ~ ~•_` _ i AGENDA ITEM: ~ `/~ ~i CITY MANAGER: ~~"-~G~~---- DEPT HEAD: SUBJECT: City Council l.J RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting.- April 16, 2003 FISCAL IMPACTS: N/A CONSEQUENCES-0F 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 April 16, 2003 i MINUTES ' SARATOGA CITY COUNCIL APRIL 16, 2003 The. City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 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 Ne otiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO Conference With Legal Counsel - Existin~Litigation: (Government Code section 54956.9(a)) Name of case: Nora v. City of Saratoga (Santa Clara County Superior Court No. CV810985) Conference With Legal Counsel -Anticipated Liti ation: (Government Code section 54956.9(b) Number of potential cases: 1 Conference With Real Pro>l ertXNe~otiators: Property: 13650 Saratoga Ave., Saratoga Agency negotiator: Lorie Tinfow, Assistant City Manager Negotiating parties; City of Saratoga, Santa Clara County Joint Powers Authority Under negotiation: Price and terms. of payment 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: Councihnembers Stan Bogosian, Kathleen Kirig, 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 Jesse Baloca, Administrative Services Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 16, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of April 16, 2003 was properly posted on April 11, 2003: COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION -SUPPORTING THE NATIONAL HOUSING TRUST FUND STAFF RECOMMENDATION: Present proclamation. . Councilmember Bogosian requested that this item be discussed. Councilmember Bogosian asked if supporting this commendation obligates the City financially. Betty Feldhym, Franklin Avenue, responded that the City is under no financial obligation. Mayor Streit read the proclamation and presented it to Ms. Feldhym. 1B. PROCLAMATION -VOLUNTEER APPRECIATION WEEK STAFF RECOMMENDATION: Read proclamation and present certificates to volunteers. Mayor Streit read the proclamations and presented them to the volunteers. Council presented each volunteer a City pin, City baseball hat, and a certificate of appreciation. SPECIAL PRESENTATIONS • 2. PRESENTATION -DAWN CAMERON COUNTY COMPREHENSIVE EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Informational only. City Council Minutes 2 April 16, 2003 Dawn Cameron, County of Santa Clara/ Roads and Aitrports Department briefed the Council on the Expressway Study Draft Plan and specific recommendations for '~ Lawrence Expressway in the Saratoga area. Ms. Cameron also requested that Council agendize at their next meeting an action item to endorse the Expressway Draft plan. Mayor Streit thanked Ms. Cameron fro the update and directed staff to place item on the next agenda. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -APRIL 2, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 3A be removed from the Consent Calendar. Councilmember Bogosian requested that the following be changed on page 6 paragraph 6. The sentence should read Capacity of 129. Councilmember Bogosian requested that on page 7 paragraph 8 the following be added: Councilmember Bogosian requested staff to bring back to Council a full report on KSAR on how they have used their trust fund. BOGOSIAN/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES AS AMENDED FROM APRIL 2, 2003. MOTION PASSED 5-0. 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITFi/BOGOSIAN MOVED. TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 3C. PLANNING ACTION MINUTES -MARCH 9, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITHBOGOSIAN MOVED TO NOTE AND FILE ACTION MINUTES FROM MARCH 9, 2003. MOTION PASSED 5-0. City Council Minutes 3 April 16, 2003 L~ 3D. QUITO ROAD BRIDGE REPLACEMENT PROJECT, C.LP N0.9111 AMENDMENT OF COOPERATIVE AGREEMENT, AMENDMENT OF STANDARD CONTRACTUAL SERVICES AGREEMENT STAFF RECOMMENDATION: Authorize City Manager to execute agreements. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA, TOWN OF LOS GATOS AND SANTA CLARA VALLEY WATER DISTRICT FOR QUITO ROAD BRIDGE REPLACEMENT PROJECT. MOTION PASSED 5-0. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT OF STANDARD CONTRACTUAL SERVICES AGREEMENT BETWEEN CITY OF SARATOGA AND A-N WEST INC FOR ENGINEERING SERVICES FOR QUITO ROAD BRIDGE REPLACEMENT PROJECT. MOTION PASSED 5-0. 3E: BUILDING SITE APPROVAL FOR ONE LOT LOCATED AT 20887 HITTRIDGE ROAD. OWNER: RUSTED STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: BSA-Ol-002 RESOLUTION FO THE CITY COUNCIL APPROVING THE FINAL BUILDING SITE BSA-001-002 20887 HITTRIDGE ROAD Councilmember Bogosian requested that Item 3E be removed form the Consent Calendaz. Councilmember Bogosian questioned if this was the property that was before council last year with drainage issues for the property below. In response to Councilmember Bogosian's concerns, Director Sullivan noted that Martine/Rose owned that particular project. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION GRATING FINAL BUILDING SITE APPROVAL. MOTION PASSED 5-0. 3F. LETTER OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND THE SARATOGA MANAGEMENT ASSOCIATION STAFF RECOMMENDATION: Adopt resolution and approve Letter of Understanding. City Council Minutes 4 April 16, 2003 TITLE OF RESOLUTION: 85.9-135 RESOLUTION OF THE CITY COUNCIL AMENDING A LETTER IF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND THE SARATOGA MANAGEMENT ORGANIZATION AND AMENDING RESOLUTION 85-9.129 MODIFYING THE LETTER OF UNDERSTANDING AND SETTING MANAGEMENT SALARY RANGERS FOR FISCAL YEAR 2003/04 WALTONSMITH/BOGOSIANMQVED TO ADOPT RESOLUTION AND APPROVE LETTER OF UNDERSTANDING. MOTION PASSED 5-0. PUBLIC HEARINGS 4. APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE AT THE PROPERTY LOCATED AT APPLICATION #02-269 (397-22-051) - CUTLER,14480 OAK PLACE STAFF RECOMMENDATION: Conduct Public hearing and take appropriate action. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted explained that the appellant is requesting the City Council overturn a Planning Commission denial of a variance to allow the over-Code height of the 190 -foot section of the exiting property line wall along the north and northeasterly sides of the parcel. The City Code allows a maximum height of 6-feet; the request is to allow the existing wall to remain. The existing wall reaches heights 7-feet 6-inches in certain portions. Director Sullivan described the findings that must be made to grant a variance and the facts relevant to making that determination. Vice Mayor Waltonsmith asked if the City has ever granted a variance for a fence over 6- feet high near this particular property. Director Sullivan responded that he is unaware of any variance being granted for fence height. Mayor Streit asked if the two property owners Dauies & Smith agreed with the wall. Director Sullivan noted that Maggie and Neil Smith sent a letter dated May 6, 2002 that stated they supported the fence Mr. Cutler has on his property. Mitch Cutler, 14480 Oak Place, noted that he has lived at the property for three years and stated that he agrees with the staff report presented to Council. Mr. Cutler stated that the importance at this time is for the Council to understand how it all came to be. Mr. Cutler stated hat the height has been described as 7-feet 6-inches from top to bottom. It was cleazly noted in the engineers report which was approved by the building department that the fence was 6-feet with a 1-foot 6-inches retaining wall. City Council Minutes $ April 16, 2003 Mr, Cutler stated that the fence was later verified by the building department and signed off by the building inspector. Councilmember King a asked when the inspector came out after the footings was put in or after the wall was built Mr. Cutler responded that the building inspector visited the property both times. Patrick Matas, 20385 Saratoga-Los Gatos Road, noted that he is against the City grating a variance to Mr. Cutler for three reasons: 1. The Planning Commission could not find sufficient facts 2. Mr. Cutler's project violated City Code and therefore it's illegal 3. Mr. Cutler should not be rewarded for breaking the law Frank Matas, 20385 Saratoga-Los Gatos Road, noted that Mr. Cutler has violated the City Code by building his wall on ingress/egress public service easement. Mr. Matas stated that his grant deed stated no public structures can be built ion this easement. Mr. Matas stated that the City already established that Mr. Cutlers wall is a structure which requires a set back, which the wall does not have any set backs from the Davies property line and the public service easement. Mr. Matas stated that this wall should be taken down completely because it's a structure not a fence. Mr. Matas stated that the Mr. Cutler must not receive any special considerations at the expense of his neighbors and himself. Dolores Smith, 14560 Westcott Drive, noted that for the past two yeazs at this site there has been constmction noise six days a week. Ms. Smith noted that when a neighbor impedes the surrounding neighbors something must be done. Bill Breck, 20375 Saratoga-Los Gatos Road, sited Saratoga Code Section 15-70.010 regarding the basis of granting a variance. Mr. Breck stated that he disagrees with Mr. Cutler reason why he feels he should be granted variance. Mr. Breck stated that Mr. Cutler states that he should be granted a variance because of the lack of privacy from the surrounding two story houses and the amount of noise from neighbor's backyards. Mr. Breck stated that there are no practical difficulties or unnecessary physical hardships that result from obeying the wall ordinance that restricts wall heights to six feet. Mr. Breck reviewed the various tree damage to the heritage oak trees property. Sean Mazipore, 18590 Avon Lane, Structural Engineer, noted that he designed the fence for Mr. Cutler. Mr. stated that he has done hundreds of projects in Sazatoga. Mr. Mazipore stated that if any part of the wall is removed he would not take the responsibility of the structural integrity of it. Councilmember King asked if the wall he designed was built 8-feet all the way around. Mr. Mazipore stated that yes to the best of his knowledge. City Council Minutes 6 April 16, 2003 In regards to the ingress and egress in which Mr. Matas stated is built on his property, ' Mr. Cutler stated that that the property is actually his. Mr. Cutler stated that the lawsuit filed in 1992 stated that anything could be built on utilities easements as long as it didn't affect the utilities. Vice Mayor Waltonsmith noted that she visited the site on both sides of the fence, she read the Planning Commission minutes and read all the letters that Council received. Vice Mayor Waltonsmith noted that she cannot make the findings to grant the variance. Councilmember Kline noted that does not support granting the variance. He agrees that this is a unique lot, but is not a privacy issue. Councilrnember King concurred with Vice Mayor Waltonsmith and Councilmember Kline's comments and notes that she does not support granting the variance. Councihnember Bogosian stated that yesterday was the first time he visited the site. Councihnember Bogosian stated that Mr. Cutler's lot is the most bizarre and strange shaped lot he has ever seen in Saratoga. Councilmember Bogosian stated that this property deserves a 7-foot fence. Councihnember Bogosian noted that he could make the findings to grant Mr. Cutler a variance. Mayor Streit noted that he could only make 2 out of three of the finding s so he cannot support grating the variance. WALTONSMITH/KiNG MOVED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION AND BRING BACK A RESOLUTION FOR ADOPTION AT THE NEXT. COUNCIL MEETING MOTION. PASSED 4-1 WITH BOGOSIAN OPPOSING. OLD BUSINESS REDWOOD MIDDLE SCHOOL TRAFFIC PLAN STAFF RECOMMENDATION: Accept Redwood School Traffic Improvement Plan and authorize a change order for $7500 to George Bianchi Construction Inc. Lorie Tinfow, Assistant City Manager, presented staff report, Assistant City Manager Tinfow explained that many drivers use City Hall parking lots to both drop-of and pick-up Redwood School students. The interaction of vehicles, pedestrians and bike riders creates unsafe conditions for walking and biking students as well as interference with arriving and departing City hall visitors and employees. Last Spring, City staff and Public Safety Commissioners approached Redwood School officials about traffic concerns in and around Redwood School during drop-off and pick-up times. Over the course of several • meetings, school officials agreed to create a new drop-off and pick-up area site at the end of Allendale within the School's corporation yard. In addition, staff learned of Redwood School's expansion plans scheduled to occur during School City Council Minutes '7 April 16, 2003 year 2003-04. The plan was developed and the school district voted to fund the costs for changes made to school property. • Assistant City Manager Tinfow explained that the Public Safety Commission reviewed the plan and is recommending that Council approve funds to implement the following: • Paint new crosswalk across Allendale • Install new "no u-tum" sign on Allendale • Reset signal timer at Allendale and Fruitvale • Lengthen left turn pocket on northbound Fmitvale • Install a "pork chop" median on northbound Fmitvale that would prohibits left tunes from the street into the school parking lot • Modify parking restriction signs on Montauk to say "No stopping 9 am to 4 pm Assistant City Manager Tinfow explained that the plan includes limiting use of City hall parking lots to City hall visitors and employees, and installing new sign to announce the change. A driver re-education campaign will be launched with the participation of the Sheriff's Office when school starts in Fa112003. Assistant City Manager Tinfow explained that staff is requesting that the Council accept the Redwood School Traffic Improvement Plan and authorize Public Works to issue a change order for $7,500 to George Bianchi Constmction to install the plan elements for which the City is responsible. Cindy Cheng, Parent, noted that she has been participating in school traffic mitigation for a along time and she has realized that parents usually want to do the right thing they just need direction. Ms. Cheng stated that educating the parents helps tremendously. BOGOSIAN/KING MOVED TO ACCEPT REDWOOD TRAFFIC IMPROVEMENT PLAN AND AUTHORIZE THE CHANGE ORDER TO GEORGE BIANCHI CONSTRUCTION CONTRACT. MOTION PASSED 5-0. 6. PUBLIC ART POLICY STAFF RECOMMENDATION: Approve policy. TITLE OF RESOLUTION: 03-026 RESOLUTION FO THE CITY COUNCIL Kim Saxton-Heinrichs, Senior Recreation Coordinator, presented staff report. Coordinator Heinrichs noted that the purpose of this policy is to provide a process through which the City of Saratoga can acquire and accept artwork on loan or as a gift. It will provide guidance for purchasing or commissioning new artwork, for sponsoring temporary art exhibitions on City property, and guidance regarding deaccessioning City-owned artwork. Art in public and municipal places can be City Council Minutes $ April 16, 2003 defined as any visual work of art displayed in a City-owned park, the exterior of any City-owned facility, and within any City-owned facility in areas designated by ~ the Council. Coordinator Heinrichs noted that the City Attorney has advised that the City will • have obligation under the First Amendment depending on the extent to which it opens various portions of City property to public art,. In doing so, the City may create what the courts view as a forum for public discourse. In public forum, the rights of the government to limit expressive activity are constitutionally circimscried. Tracy Halgren, Arts Commission, 14003 Chester Avenue, thanked the Council for forming the Arts Commission and noted that the Commission is proud to preset the Arts Policy to the Council. WALTONSMITH/KING MOVED TO APPROVE PUBLIC ART POLICY AND ADOPT RESOLUTION. MOTION PASSED 5-0. 7. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Approve an additional $12,800 for Gilbane Services. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: • Budget Status - $14,464,435 - (total costs both committed and change requests) • Construction Schedule -completion date of April 15, 2003 partly due to the delays with PG& E. The additional funds requested for Gilbane service will cover the project through this date. Mayor Streit thanked Assistant City Manager Tinfow for her report. KING/WALTONSMITH MOVED TO APPROVE ADDITIONAL $12,800 FOR GILBANE SERVICES. MOTION PASSED 5-0. Mayor Streit called a recess at 9:15 p.m. Mayor Streit reconvened the meeting at 9:25 p.m. 8. PRELIMINARY APPROVAL OF LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT ENGINEERS REPORT STAFF RECOMMENDATION: Adopt resolutions; approve proposal form John H. Heindel Consulting Civil Engineering for Assessment Engineering Services; authorize City Manager to • execute a professional services agreement. City Council Minutes 9 April 16, 2003 TITLE OF RESOLUTION: 03-023 • RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FY 2003-04 TITLE OF RESOLUTION: 03-022 RESOLUTION OF INTENTION TO ORDER THE LEVY .AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FY 2003-04 John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that the resolutions before the Council this evening continue the process for renewing the Landscaping and Lighting Assessment District LLA-1 for FY 03-04. Director Cherbone noted that there are no increases in the parcel assessments. All of the costs associated with the District are recovered via the assessments except for indirect costs. Director Cherbone explained that staff is looking for direction from Council on whether the City should pursue the creation of a new landscape and lighting district maintenance zone for the future "Gateway" improvement area, bounded by Prospect Avenue and the Union Pacific Railroad tract. The improvement project will create new landscaped medians, new landscaped areas along unimproved parcel frontages, lighting, and a water feature, These improvements will all have ongoing maintenance and operating costs. Director Cherbone explained that currently the City pays for the landscape maintenance and water costs for all of the medians throughout the City. Director Cherbone pointed out that the majority of other landscaped areas within the City right-of--ways are maintained via a City Landscape and Lighting Zones, an individual property owner, or a homeowner association. Director Cherbone explained that an estimated cost for maintaining the "Gateway" area is $25,000 per year. A landscaping and lighting district is advantageous in that maintenance can be handled by one contractor thus the level of maintenance and costs are normalized and reduced through efficiencies of scale. Director Cherbone explained that attached proposal would extend the existing professional contract between the City and John Heindel for an additional three years. Consensus of the City Council to direct staff to look into creating a Landscaping and Lighting District in the "Gateway". WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTIONS AND APPROVE PROFESSIONAL SERVICES PROPOSAL FROM JOHN H. HEINDEL. MOTION PASSED 5-0. City Council Minutes l0 April 16, 2003 r' 9. AMENDMENT TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY (SVACA) JOINT EXERCISE OF POWERS AGREEMENT STAFF RECOMMENDATION: Approve and authorize the City Manager to execute amendment. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City,Manager Tinfow explained that at the February meeting of the Silicon Valley Animal Control Authority Board, the City of Cupertino expressed concerns about the potential for the 7PA to force Member Agencies to contribute to shelter construction activities against their will. The board asked Counsel to draft a JPA amendment with language to address this concern. Each City must now approve the amendment in order for it to become part of the 7PA. WALTONSMITH/BOGOSIAN .MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT TO THE AGREEMENT WITH SVACA. MOTION PASSED 5-0. 10. LEAGUE OF CALIFORNIA CITIES SPECIAL MEETING MAY 15, 2003 STAFF RECOMMENDATION: • Designate a voting delegate. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the League of California Cities is requesting that all cities be represented at the Special Meeting on Thursday, May 15, 2003. The purpose of this Special Meeting is to consider one or more proposals prepared by the Board of Directors concerning the state budget and state local fiscal form. The league is requesting a response by May 9, 2003. Mayor Nick Streit is unable to attend this Special Meeting. City Clerk Boyer explained that the League bylaws state that "Any official of a Member City may, with the approval of the City Council, be designated the city's voting delegate or alternate delegate to any League meeting." BOGOSIAN/KING MOVED TO DESIGNATE THE CITY MANAGER OR ASSISTANT CITY MANAGER TO BE THE VOTING DELEGATE ON MAY 15.2003. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councilmember Kline reported the following information: • KSAR - "Saratoga Today" started today in which he is the host. Airs Monday nights at 6:30 p.m. City Council Minutes 11 April 16, 2003 Councilmember Bogosian reported the following information: West Valli Sanitation District -noted that at the last meeting he raised questions regarding their noticing policies and requested that they look into how Saratoga notices their residents. Mayor Streit reported the following information: Cities Association -discussed the solvency of VTA, possible merger of MTC and ABAG and forming strike teams to lobby Sacramento for specific bills. CITY COUNCIL ITEMS Vice Mayor Waltonsmith noted that the Heritage Foundation would be holding a joint meeting with the Heritage Preservation Commission on Apri128, 2003, 6:00 p.m. at the North Campus. In regards to the Odd Fellows project, Vice Mayor Waltonsmith noted that the City's Trails Subcommittee wondered why no one requested them to connect their open space area to the San Marcos Trail. Councilmember requested that staff contact the Odd Fellows and ask if it could still be accomplished. Councilmember King announced the Rotary Art show on may 4, 2003 at West Valle College. • In regards to a letter sent to the City Council from the Wildlife Center requesting a contribution of $352.52, Councilmember Bogosian requested that Council agendize the letter. Consensus of the City Council to agendize the letter from the Wildlife Center. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned back to Closed Session in the Administrative Conference Room at 10:10 p.m. Mayor Streit adjourned Closed Session at 10:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 12 April 16, 2003 ~ , SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 AGENDA ITEM: ~~j~~ ORIGINATING DEPT: Administrative Services CITY MANAGER: /v~i-~-- PREPARED $YC~_~~v{C~ ~IC~GG~ DEPT BEAD: SUBJECT: -Check Register: 5/1/03 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 5/1/2003 Checks. Checks AP CHECKS A92530-92671 1 GENERAL 111,428.25 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 11,389.01 160 Transit Dev 170 Hillside Repair 180. LLA Districts 12,319.14 250 Dev Services 9,216.55 260 Environmental 604.61 270 Housing & Comm 290 Recreation 14,056.92 291 Teen Services 451.89 292 Facility Ops 381.19 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 177,890.35 351 Public Safety 4,761.25 ' 39,600.00 352 Infrastructure 5,076.39 353 Facility 354 Park and Trail 9,892.37 400. Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 1,500.00 810 Deferred Comp 830 Payroll Agency 990 SPFA Subtotal 358,967.92 39,600.00 PAYROLL CHECKS: 628994-29025 TOTAL Approved by: l i ^ w ^ m m w ,~. w m m r r oNH o o m mmo pp rv o a m m a pNm o o r rvno 000 H o p {. ~' P °. p °~ °o N °~ p°. m o °. m Q°` o F a2 p O N N m m O ~ m N N M m O Op O O N O N N p m C W Yl m N A Ili m V l m p C „ M m Z $ O ~ N N r r b b 'I W Yl M N N m Q ~ N M (+1 'I H p a x w x a £a « w r a . 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SARATOGA CITY. COUNCIL EN MEETING DATE: May 21, 2003 AG DA ITEM: Y ~~«'- DEPT: Community Development CIT MANAGER:. PREPARED BY: Kristin Borel DEPT HEAD: .SUBJECT: Planning Commission Actions, May 14, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY:. Attached are the Planning Commission Action Minutes of May 14, 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 - Sazatoga Planning Commission ..r «> CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, May 14, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Theater,13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Bairy, Garakani, Nagpal, Schallop, Uhl, Zutshi and Chair. Hunter Absent: Commissioner Uhl Staff: Planner Vasudevan, Director Sullivan and Minutes Clerk Shinn PLEDGE OFALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of March 26 and April 23, 2003. (APPROVED 4-0-2 NAGPAL 6't SCHALLOP ABSTAIN, APPROVED 6-0) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regardingOral Communications underPlanning Commission direction to Staf f. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 8, 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 of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear 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 Sazatoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. L APPLICATION #02-248 (517-OS-042). - KATZ; 20665 Lomita Avenue; -Request for Design Review and Variance approvals to demolish the main structure and construct atwo-story home. The existing 562 square foot detached cottage at the rear of the site will remain. The proposed home will be 2,661 square feet and will have a maximum height of 23 feet. The applicant is seeking two Variance approvals for the proposed new home: (1) to exceed to maximum allowable floor area for all structures on the site, and (2) to encroackwithin the required setbacks. The site is 7,570 (net) square feet and is located in the R-1-10,000 zoning district. (LATA VASUDEVAN) (DENIED 5-0-1, HUNTER ABSTAIN, DENIED VARIANCES AND APPROVED DESIGN REVIEW 5-0-1) • ~,. LJ 2. APPLICATION #03-052, (CITYWIDE) -CITY OF SARATOGA; -Multiple Zoning Ordinance Amendments updating various sections of the 15-12: R-1: Single Family Residential Districts, 15-45: Design Review: Single Family Dwelling and Chapter 14 -Subdivisions. The proposed amendments to Amcle 15-12 provides for consistency between ordinance requirements and long time practices as well as simplifying the rules. The amendments to Article 15-45: Design Review provides streamlining and clarity. The amendments to the Subdivision Ordinance updates the Director's title and removes references to the Building Site Approval process. (THOMAS SULLIVAN) (CONTINUED FROM APRIL 9, 2003) (APPROVED 6-0) DIRECTORS ITEM - None COMMISSION ITEMS - None • COMMUNICATIONS WRITTEN - City Council Minutes from Regular Meeting on March 19, 2003 ADJOURNMENT AT 9:50 P.M. TO THE NEXT MEETING - Wednesday, May 28, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA u IF you would like to receive the Agenda's via e-mail, please send your e-mall address to ~lannin~@saratoga.ca.us SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 ORIGINATING DEPT: ity Manager PREPARED BY: - AGENDA ITEM: ~~ CITY MANAGER: DEPT HEAD: ~~./ C~-~ SUBJECT: Adoption of Resolution -Containing Findings and Decision By City Council Regarding Denial of Appeal By William F. Breck of Variance Granted By Planning Commission To Mitchell and Tracy Cutler For 25-Foot. Long, Six Foot High Wall at 14480 Oak Place ACTION: Adopt the attached resolution. REPORT SUMMARY: The attached resolution memorializes the Council's decision at its meeting of May 7, 2003 to deny the referenced appeal. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: The City Clerk will notify the appellant and the applicant of the Council's final action. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of Agenda. ATTACHMENTS: • Attachment A -Resolution denying the appeal. CITY COUNCIL CITY OF SARATOGA STATE OF CALIFORNIA RESOLUTION NO. CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF APPEAL BY WILLIAM F. BRECK OF VARIANCE GRANTED BY PLANNING COMMISSION TO MITCHELL AND TRACY CUTLER FOR 25-FOOT LONG, SIX FOOT HIGH WALL AT 14480 OAK PLACE WHEREAS, the City of Saratoga City has received and reviewed an appeal by William F. Breck as to the approval of a Variance by the Planning Commission fora 25-foot long, six foot high wall at 14480 Oak Place; WHEREAS, Applicants Mitchell and Tracy Cutler requested approval o£ a Variance from the City's three-foot maximum front yard wall height to authorize a height of six feet for the yet to be constructed 25-foot long section of a property line wall between the CUTLER and GOLDMAN properties and abutting Appellant's property; WHEREAS, the location of the Variance which has been appealed by William F. • Breck is a portion of the rear yard of the GOLDMAN property and the side boundary line of the front yard of the CUTLER property; WHEREAS, said Variance Application was approved by the City Planning Commission on February 12, 2003; WHEREAS, on May 7, 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 all materials prepared by City Staff, the Appellant, Applicant and other interested parties and rendered its decision on the Variance sought by Mitchell and Tracy Cutler for said 25-foot long section of the property line wall; and WHEREAS, the City Council hereby adopts the following findings and final decision on the Variance Application by Mitchell and Tracy Cutler for the 25-foot long section of property line wall between the CUTLER and GOLDMAN properties to be six .feet in height. CITY OF SARATOGA CITY COUNCIL RESOLUTION • BRECK APPEAL OF CUTLER VARIANCE APPROVED FOR 25-FOOT SECTION OF WALL Page 1 of 6 a Now, THEREFORE, the City Council of the City of Saratoga does hereby find, decide and resolve as follows regarding the Variance Application by Mitchell and Tracy Cutler for the 25-foot long section of the property line wall between the CUTLER and GOLDMAN properties to be six feet in height, after careful consideration of said Application, and presentations made to it by City Staff and other interested persons. FINDINGS Required Finding Under Saratoga City 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 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 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 following facts constitute special circumstances warranting the approval of a variance: 1. The CUTLER parcel is surrounded by 10 other pazcels and the front yard • of the property adjoins the rear and side yards of adjoining properties instead of a street frontage; 2. A wall limited to three feet in height adjacent to the rear yazd of an adjacent property would deprive. the Applicant of privileges (such as privacy) enjoyed by owners of other properties. in the vicinity. Required Finding Under Saratoga City Code section IS-70.060 (bl. 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 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, This finding is based on the fact that in the location where the variance is sought, the CUTLER side property line within the CUTLER front yard setback is adjacent to the rear yard and side yard of adjacent properties. Other properties in the same zoning district would be approved for screening the side of their front yard from the rear yard of an adjacent property. . CITY OF SARATOGA CITY COUNCIL RESOLUTION BRECK APPEAL OF CUTLER VARIANCE APPROVED FOR 25-FOOT SECTION OF WALL Page 2 of 6 Required Finding Under Saratoga Cit~Code sectiott 15-70.060 (c). That the granting of the variance will not be detrimental to the public health, safety or s • welfare, or materially injurious to properties or improvements in the vicinity. The City Council finds that the granting of this Variance will not be detrimental to the public health, safety and/or welfare in that the wall is perpendicular to Highway 9 and will not reflect sound back to other neighbors. The City Council further finds that the granting of this Variance will not be materially injurious to properties or improvements in the vicinity in that the increased wall height of six feet will be the same as the height of the existing chain link fence allowed for the rear yard on the immediately adjacent shared property line with the GOLDMAN property and the same height as any other fence or wall that could be constructed in the rear yard of the adjoining property. The Planning Commission decision is affirmed and the Variance Application by Mitchell and Tracy Cutler allowing the 25-foot section of wall between the CUTLER and GOLDMAN properties to be six feet in height is granted by the City Council, subject to the following conditions, full performance of which is hereby made a prerequisite of the actual issuance of the Variance hereby granted: 1. That all of the recommendations of the City Arborist and previously adopted by the Planning Cormission regarding protection of trees related to the • development of walls on the Cutler property be fully implemented to the satisfaction of the City Community Development Director. 2. That the cost associated with preparing City Arborist Reports regarding. protection of trees related to the development of walls on the Cutler property be reimbursed to the City. 3. That all applicable City fees be paid in full 4. That all agreements between Applicants and City for Applicants 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 height of the existing 190-foot wall along the property line between the CUTLER property and the DAVIES and SMITH properties be reduced to six feet in height. 7. That the Applicants execute an indemnification agreement with the City satisfactory to the City Attorney. CITY OF SARATOGA CITY COUNCIL RESOLUTION • $RECK APPEAL OF CUTLER VARIANCE APPROVED FOR 25-FOOT SECTION OF WALL Page 3 of 6 .PASSED AND ADOPTED. by the City of Saratoga City Council, State of California, this 21st Day of May 2003 by the following roll call vote: YES: NOES: ABSENT: ABSTAIN: Mayor, City of Saratoga (date) ATTEST: City Clerk, City of Saratoga (date) r~ L CITY OF SARATOGA CITY COUNCIL RESOLUTION BRECK APPEAL OF CUTLER VARIANCE APPROVED FOR 25-FOOT SECTION OF WALL Page 4 of 6 ,~ SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 AGENDA ITEM: ~~ .ORIGINATING DEPT: Public Works CITY MANAGER: _ ~~@i~-~-~- PREPARED BY: _CTs~~e_ DEPT HEAD: SUBJECT: Approval of consultant agreement for trail easement research. RECOMMENDED ACTION(S): Approve proposal from Teri Baron for trail easement research and authorize City Manger to execute a professional agreement for the same. REPORT SUMMARY: During the summer of 1990, the City of Saratoga commissioned a study for the preparation of a Parks and Trails Master Plan which would define a framework for all related planning and development of parks and trails for the upcoming decade. The Master Plan was completed by November of 1991 and has been in use since this date. During the past 2 years at their regular meetings, the Parks and Recreation Commission have discussed the revision of the present Parks and Trails Master Plan. Realizing the scope. and complexity of this undertaking, the Commission directed the Trails Subcommittee to explore the various trails issues connected with the Master Plan. The main focus of the subcommittee has been centered on identifying and verifying the City's existing trail easements. During the summer of 2002, a report was completed by a summer intern assigned to the project for this purpose. Upon thorough review of the interns 7eport by the trails subcommittee and the Parks and Recreation Commission at their regular meetings from September -November 2002, several inconsistencies were discovered ,and the .credibility of the report was deemed questionable. Based upon these findings, a recommendation was made at the November 4, 2002 .Parks and Recreation Commissiommeeting to hire Teri Baron as the official trails consultant to work with City staff. and. the Commission /Trails Subcommittee on the trails portiom of the revison of the Master Plan in determining the location of the numerous trails easements. Her wealth of knowledge regazding .local trails is unmatched,. and she is willing to perform. the detailed research work at a fraction of her usual fee (please see attachment A). Additionally, Teri has significant experience. in title research that is necessary for the successful completion of this work. f The trail easement research is purely technical in nature,, which once: completed, will be incorporated intothe update of the Open Space Element that is currently underway by the City's Community Development Department. Once a draft of the Open Space Element is completed, it will be forwarded to the City Council for review and subsequent public hearings. FISCAL IMPACTS: None at the present time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Existing Master Plan will continue to be utilized. ALTERNATIVE ACTION(S): Council to direct Staff to update the Master Plan independently. FOLLOW UP ACTION(S): None at the present time. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Consultant Proposal ~~ May 14, 2003 City of Saratoga 13777 Fruitvale Saratoga, CA 95070 Attn: John Cherbone RE: Trails Master Plan, Research Dear John: Teri Lynn Baron 19830 Via Escuela Dr. Saratoga, CA 95070 408 867-6100 voice and fax cell 408 206-6051 E-mail: teri@seanconnery.com As you know, I have been working intensively on the Saratoga trail system to have the trails and developments comport with the City of Saratoga Parks and Trails Master Plan. In my research to verify the different trail easements as listed on the current Trails Map that was done in 1991, it has come to my attention that several of the easements that are listed are incorrect, and at least one was incorrect before the map was done. ~y research has been unable to find any "catalog" of the various trail easements. The closest thing we have to a catalog" is the master plan, and I have found it to be somewhat incorrect and it does not include the legal documentation or any precise locations for the easements. This information can then be used to correctly update the Trails Master Plan that is being worked on. I would like to propose to the city that I continue my research. Due to the amount of hours involved to complete the research and the necessity to verify the legal status of easements by pulling documents from the. county records and other sources, the cost of my time for this project will be $25.00 per hour, not to exceed $4,500. This is a discounted price to the City over my normal hourly rate of $100. The City will be billed in monthly intervals. My extensive title and escrow background will help keep the costs down as well. The information on the easements will be put into a binder form by subdivision and will include the following information: • Original subdivision maps showing easement locations and subdivision notes • Plat map showing addresses and easement locations as they are today • Description of easement, length, width etc. (See sample attached) • Status of easement • Any resolutions from the City pertaining to any easements Once I have completed my research, the city will have verifiable documentation and a catalog of most of the trail easements that have been offered to the City for dedication. respectfully submitted, Teri Lynn Baron r \./.. y SARATOGA CITY COUNCIL Z~ MEETING DATE: May 21, 2003 AGENDA ITEM: ~ / ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~G~-~-- PREPARED BY: Lorie Tinfow DEPT HEA dc- ®t~--~ SUBJECT: California Homeland Security Funding Plan RECOMMENDED ACTION(S): Authorize Councilmember Stan Bogosian to sign the attached protest letter from the Santa Clara County Emergency Preparedness Council regarding decision-making related to the California Homeland Security Funding Plan. REPORT SUMMARY: Councilmember Stan Bogosian represents the City of Saratoga on the Santa Clara County Emergency Preparedness Council. The Council has drafted the attached letter that protests the scope of an Oversight Committee established to oversee the allocation. of Federal security funds: ht particular the Council takes exception to the shift in accountability-from elected officials to anon-elected body. The letter. asks the Governor to reinstate the Emergency Preparedness Council's role in the funding process. FISCAL IMPACTS: Direct involvement by the Emergency Preparedness Council in the funding decision process could affect the total amount available to Santa Clara County and the City of Saratoga as well as how the funds are used. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City of Saratoga would not be represented on this letter. ALTERNATIVE ACTION(S): N/a FOLLOW UP ACTION(S): Councilmember Bogosian will sign the final copy of the letter for transmittal. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Copy of letter from Santa Clara County Emergency Preparedness Council to Governor Davis dated May 7, 2003. 05/12/03 12:58 FAX 408 294 4851 SCLARA CO-OES-B @002 Santa Clara County Emergency Preparedness Council May 7, 2003 i Govemor Davis State Capitol Building Sacramento, CA 95814 lie: California Homeland Security Funding Pian Dear Govemor Davis, The Emergency Preparedness Council for the Operational Area in Santa Claza County has concerns with the California Homeland Security Funding Plan created by George Vinson. His plan to take away the accountability of funding decisions fmm an established group of elected officials from across this County and in essence give full funding authority'to a non elected body is a travesty to democracy. The Emergency Preparedness Council approved the creation of George Vinson's Oversight Comnvttee simply because the possibility of losing Federal funds for our constituents was a risk we were not willing to take. The Santa Claza County Emergency Preparedness Council has the following concerns with the California Homeland Security Funding Plan; • The current allocation of voting rights unfairly deprives the cities of the population-based representation, even though the funds are distributed per capita. The Appmval Authority is an arbitrary selection of individuals without regazd to the population base they represent. • The Oversight Committee has no legal accountability to anyone. Only one member is an elected official. The other four are a mixture of appointees and organizational representatives with no chain of command. • There was no legal or outreach process in the mandate of this system. The legislature was not consuited. There was no administrative regulatory procedure. A single Department head created this system for allocating Federal funds. ___05/12/03 12:58 FA% 408 294 4851 SCLARA CO-OES-B • There was no threat analysis performed to determine the appropriate allocation of voting rights nor funding distribution. While proximity to potential tazgets and location of poNairportlrail facilities and the availability of potentiaily weaponizable substances could be deemed an appropriate basis for resource allocation, none of these items were considered in the allocation of voting rights. We urge you to reconsider this funding mandate in both theoly and practice. The current funding plan dismisses the authority of local government officials by eliminating the Emergency Prepazedness Council from the system completely. Homeland Security and the protection of California citizens is our responsibility just as much as it is yours. Sincerely, Chair john McLemore Santa Clara ~ 003 • Vice Chair Fred Fowler Sunnyvale Dan Furtado Campbell Sandy James Cupertino Roland Velasco Gikoy King Lear Las Altos Steve Finn Los Altos Hills Steve Glickman Los Gatos 1 t Trish Dixon Milpitas 05/12/03 12:58 FAX 408 294 4851 Mark Brodsky Monte Sereno Steve Tate Morgan Hill Rosemary. Stasek Mountain View Judy Rleinberg Palo Alto Nora Campos San 7os8 Stan Bogosian Sazatoga Pete McHugh Santa Clara County Cc: Creorge Vinson SCLARA CO-OES-B E f~j 004 ' ,. 4 SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003. AGENDA ITEM: ~C ORIGINATING DEPT: ity Manager CITY MANAGER: C/~ G~--~ PREPARED BY: DEPT HEAD: SUBJECT: Resoltuion Endorsing the Mid Peninsula Regional Open Space District's Proposed Extension of its Boundaries to the San Mateo Coast RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The Mid Peninsula Regional Open .Space District has requested that the City adopt the attached resolution endorsing their proposed extension of its boundaries to the San Mateo coast to preserve Open Space and agriculture lands. In order to promote continued agricultural activity; preserve and. manage public open space lands, and to provide for low-intensity recreational use of public open space lands, the district is working to extend its boundaries to encompass the San Mateo County coast from the southern boarder of the City of Pacifica to the San Mateo/Santa Cruz County line. If successful, over the next 15 years they expect to purchase (from willing sellers only, often through easements) and/or mange up to 11,800 acres of pristine open space and continuing use agricultural land. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to mail certified copy of resolution to Nonette Hanko, President, Board of Directors/Mid Pen. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Letter from Nonette Hanko, President, Boazd of Directors/Mid Pen. Attachment B -Resolution r` 2of2 May 9, 2003 Honorable Nick Streit Mayor, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Streit: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT In 1972; Saratoga joined the jurisdiction of the Midpeninsula Regional Open Space District. Since then, on behalf of Saratoga's constituents and others from throughout the region, the District has carried out its mission of preserving and protecting open space resources and providing for low-intensity recreational opportunities on public. open space lands. As a city within the boundaries of the District, your constituents are enjoying the benefits of nearly 50,000 acres of open space lands and 220 miles of public trails provided by the District since its inception over 30 years ago. Today, the District is embarking on a new and exciting undertaking as it proposes to extend its boundaries to include a portion of the natural treasure that is the San Mateo County coast. I am writing to ask for your help in the form of a resolution from your City Council in support of the District's proposal. During 1997 and 1998, the District received requests and petitions from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) asking for our participation in coastside open space and agricultural preservation and management. In a subsequent poll, 90% of San Mateo County respondents said that preservation of open space west of Skyline Boulevard was important. Other agencies have only limited capacity to provide agricultural conservation and open space management services, and have recognized the need for a local public organization to help provide these services. These factors indicated a great desire and need for the District's active participation in coastal preservation efforts. Tn order to promote continued agricultural activity, preserve and manage public open space lands, and provide for low-intensity recreational use of public open space lands, the District is working to extend its boundaries to encompass the San Mateo County coast from the southern border of the City of Pacifica to the San Mateo/Santa Cruz County line. If successful, over the next 15 years we expect to purchase (from willing sellers only, and often through acquiring easements) and/or manage up to 11,800 acres of pristine open space and continuing-use agricultural land. For your further information, I have enclosed a copy of our "Answers to Frequently Asked Questions" brochure about the annexation effort. ~At this point, we have prepared and circulated a draft environmental impact report (DEIR) as needed for our application to the San Mateo County Local Agency Formation Commission, and anticipate soon considering adoption of a formal application for annexation. As we move to the next stages of this process, the support of cities within the District is important. Accordingly, I am asking that you place a resolution of support (sample enclosed) on your next available agenda in May for Council adoption. A District representative would be happy to meet with you in advance of that to answer any questions you may have, and of course a District Board member and/or staff member will attend the Council meeting to respond in the event any questions arise, 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 = E-mail: mrosd@openspace.org •. Web site: www.openspace.org ~~ 0O:~2E" Board of Directors: Pete Siemens, Mary C. Davey, led Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz • General ,1~lanager: L. Craig Britton 5/9/2003 Page 2 This proposed program, while relatively modest, will have a significant positive impact on the quality of life for our constituents, especially in these unprecedented economic times when people are even more interested in looking close to home for their outdoor recreation, and in preserving the bounty of our natural resources in the nearby mountains and on the coast. Further, such an extension of the District's boundaries would not change any land use designations or land use control, as the District does not have any regulatory or zoning authority, would not have any financial effect your agency. I believe the people of Saratoga will appreciate and applaud your Council's decision to support the District's proposal -it's clearly awin-win opportunity. The District General Manager and I are available to discuss any procedural or substantive questions you or your staff may have, and to schedule a meeting if you deem it desirable. Of course, we would welcome a call from you if you'd like to talk about any element of this proposal; please contact our General Manager, Craig Britton, at (650) 691-1200: In the meantime, I hope that you will have the opportunity to reflect on the very real need of our mutual constituents for preservation and management of public open space west of Skyline Boulevard, and protection of continuing agricultural activities on the San Mateo Coast. I'm sure you'll agree that an extension of the District's boundaries and responsibilities is the optimal way to meet these needs ofour region. Sincerely, Nonette Hanko President, Board of Directors cc: MROSD, Board of Directors p/ISave Anderson, Saratoga City Manager Richard Taylor, Saratoga City Attorney /' ~ LJ RESOLUTION NO. Resolution of the City Council of Saratoga Supporting and Endorsing the Midpeninsula Regional Open Space District's Proposed Extension of its Boundaries to the San Mateo County Coast to Preserve Open Space and Agricultural Lands WHEREAS, the Midpeninsula Regional Open Space District is a special district formed in northwestern Santa Clara County in1972 (and extended to southerrrSan Mateo County in1976) for the purpose of preserving and managing open space lands within its jurisdiction on the San Francisco peninsula; and WHEREAS, existing public benefits of the District's services include protecting nearly 50,000 acres of our nearby open space lands, providing for low-intensity publiorecreational use on approximately 220 miles of trails within 26 open space preserves,. permanently protecting local streams and watersheds, and preserving the sensitive habitats of a variety. of species of endangered plants and animals, maintaining historic structures and facilities on the land, preserving existing agricultural uses, and providing an environmental education program and volunteer opportunities; and WHEREAS, the City of Saratoga is within the jurisdiction of the District, and its constituents have reaped the priceless benefits provided by the District, many utilizing the lands for recreational purposes, others enjoying the unspoiled scenic backdrop provided by District lands, and all secure in the knowledge that these unspoiled open space lands are permanently preserved for their children, and the generations beyond; and WHEREAS, in the late 1990s, the District received requests and petitions from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) asking for its services in the preservation and management of open space larids, beyond its current boundaries west of Skyline Boulevard, and including the natural treasure that is the San Mateo County coastline, and in a subsequent public opinion poll by the District, approximately 90% of the respondents said that preservation of open space west of Skyline Boulevard was important; and WHEREAS, the 1998 Coastside Subregional Planning Study conducted by the County of San Mateo, the cities of Pacifica and Half Moon Bay, the Midcoast Community Council and sponsored by the Association of Bay Area Governments indicated the need for regional open space preservation and management services in this area, concluded that District boundary expansion was one of the most promising attempts in a decade to meet this need; and WHEREAS, public agencies, land trusts, and other non-profit entities, some of which currently own open space lands west of Skyline Boulevard and on the San Mateo. County coast, have indicated a great need for District services in providing for additional open space preservation and in providing experienced, long-term stewardship and management for those open space lands, especially in light of current budget constraints at the federal, state and county level which restrict other government agencies' ability to provide these services; and . WHEREAS, in response to these requests and this need, the District is considering extending its boundaries so that it may provide services to preservate and manage open space lands west of Skyline Boulevard, preserve agricultural lands on the coast, preserve the rural character of the coastal region, provide land management services for other land-owning agencies, enhance fire protection and public safety through the increased presence of its highly skilled field staff, and offer the public further opportunities for ecologically-sensitive recreational uses and environmental education; and WHEREAS, through this proposed annexation of the coastside, the District will greatly enhance the • protection of the pristine, "world-class" natural beauty, open spaces and agriculture of the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz/San Mateo County Line and from Skyline to the sea, one of the last remaining unspoiled coastlines so near to one of the world's major urban areas; and WHEREAS, the District's annexation proposal envisions purchasing (from willing sellers only, and often through acquiring conservation or agricultural easements) and/or managing up to 11,800 acres of pristine public open space and continuing-use agricultural land, over the next 15 years, thereby allowing orderly development, yet preventing urban sprawl; and WHEREAS, if successful, the District's efforts will provide for the people of the City of Saratoga and for the entire region expanded opportunities for public access on the coastside, increased resources for maintaining the physical and economic integrity of Coastal agricultural lands, elected representation for the coastside area on the District's board of directors, enhanced community programs in environmental education and open space volunteerism; and WHEREAS, such an extension would have no financial impact on the City of Saratoga, would have insignificant financial effect on other government agencies or services within the proposed annexation area, and would not change any land use designations or land use control, as the District does not have any regulatory or zoning authority, but would offer the District, orr behalf of the public, the opportunity to contribute its services to open space and agricultural preservation and long-term stewardship efforts, subject to all local, state, and federal land use regulations and - in compliance with all city and San Mateo County General and Coastal Plans; and will be the most efficient and effective way to provide these needed services; and WHEREAS, over the 30 years since its inception, the District has prdved itself to be a good neighbor, an excellent steward of open space. land on behalf of the public, a solid and fiscally conservative manager of public funds, and an organization very sensitive and responsive to the community's needs and desires, through a great deal of solicitation and consideration of public .input into the planning and management decisions-made by its board of directors, Now, THEREFORE, BElT RESOLveo for the reasons stated above that the City Council of Saratoga does hereby endorse and support the extension by the Midpeninsula Regional Open Space District of its boundaries to include lahds west of Skyline Boulevard from the southerly limits of the City of Pacifica to the San Mateo/Santa Cruz County line: Be It Further Resolved that the City Couhcil of Saratoga does hereby urge the Board of Directors of the Midpeninsula Regional Open Space District to file an application for the annexation of all of this territory with the San Mateo County Local Agency Formation Commission. Be it Further Resolved that the City Council of Saratoga does hereby urge, if such an application is submitted, that the San Mateo County Local Agency Formation Commission approve the application of the Midpeninsula Regional Open Space District for the extension of its boundaries to include all of the territory west of Skyline Boulevard from the southerly limits of the City of Pacifica to the San Mateo/Santa Cruz County Line. s ~Q C n h m ~ ~ w ~ O, o ~ t- w ,-r 'O ~', o. ~ '~ ~ m m c°o ~°' ~ ~ awa ° ~ ~° o ~ ~ m ~ ~ ~ Ca ~ ~ ~ ~ a. ° o ~ ~ a ~ c `~ d o rho- ~ A `~ c ~ "~ ~ G o ~ ca4o w ~ p; o m ~ ~ `< v w ~. r~ei ~, a ~ ~ ~ ~ o ~ v,~pnw ,~,7: ~.`C n~oasvnv,~ ~ rr ~•p~.o°~~a .mow o m° m fD ?~ ~ ,cs ~ N r- m n m n o a~ ~' Y o m v~ w o u,- °~ <o. a, ~ O n ~ ~ w `° m ~ ~ ~ ~ g ~ m ~ '~ ~ w ~ ~ 'a o &+ v n ~ C] o 'o ~. k "~ ~ ~ ~, " m ~ K O. ~ C7 ~ ~ O. °n n n O as ~ ~ ~ CD ~ a' ~ n ~ m m ~ ~ o m P', c°r N Q pi H CD N ~ K n .0 ~' O (~. ~. 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G+ ~ ¢. ~~ ~ r 04 n .7 m w w CD 'LS rD m CD `" ~ o ~ m ~ ~ ct ~ cQD ~ p ~• o ~ o ~• N `~ aka n ~ o °'°~" `O" ° w ~ g' m 7J ~ m ~. `C ~. ,. ~, ~, n ~ Y y w "o o ~ O Y m O S. as c. fA ~ ~ o ~' c aa, aK 'o°a, ~' o '~~ ~ m ._ a `~ ~ a aOn ~ ~ ~ o u°i a+ a ~ ° '°n ~ v, ~~y} w n N ~.. ~ ~ ~ p .G co `~' ,Y p ~i S. ~ 'c3 O Q' ~ J p ~. W ~ ~' ~ O A. ~~-j... ~ rni, '~ .~ O Cvi • w m n A C~ O y C °~ fD Si rn ,0., I C a w ~' (Ou ~ 'C '°°' coo ~ w ~. O P ~ O ~ •w.t.. -~.' '~ S :+ ~ ~ ~ p P~ c' ~ r+ ~ `° ~ ~ ~ ~ :?. a n ~ a. ~ o ?'. ~ ~; N ~ ~' jai m ~* ., ® ~ o w o a. x ~ ~ w ~ ~ ~ o ° °- _ :: e°P- ~t^ "~ RESOLUTION 03-0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING AND ENDORSING THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S PROPOSED EXTENSION OF ITS BOUNDARIES TO THE SAN MATED COUNTY COAST TO PRESERVE OPEN SPACE AND AGRICULTURAL LANDS Whereas, the Midpeninsula Regional Open Space. District. is aspecial district formed in northwestern Santa Claza County in1972 (and extended to southern San Mateo County in1976) for the purpose of preserving and managing open space lands within its jurisdiction on the San Francisco peninsula; and WHEREAS, existing public benefits of the District's services include protecting neazly 50,000 acres of our nearby open space lands, providing for low-intensity public recreational use on approximately 220 miles of trails within 26 open space preserves, permanently protecting local streams and watersheds, and preserving the sensitive habitats of a vaziety of species of endangered plants and animals; maintaining historic structures and facilities on the land, preserving existing agricultural uses, and providing an environmental education program and volunteer opportunities; and WHEREAS, the City of Saratoga is within the jurisdiction of the District, and its constituents have reaped the priceless benefits provided by the District, many utilizing the lands for recreational purposes, others enjoying the .unspoiled scenic backdrop provided by District lands, and all secure in the knowledge that these unspoiled open space lands are permanently preserved for their children, and the generations beyond; and WHEREAS, in the late 1990s, the District received requests and petitions. from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) .asking for its services in the preservation .and management of open space lands, beyond its current boundaries west of Skyline Boulevazd, and including the natural treasure that is the San Mateo County coastline, and in a subsequent public opinion poll by the District, approximately 90% of the respondents said that preservation of open space west of Skyline Boulevard was important; and WHEREAS, the 1998 Coastside Subregional Planning Study conducted by the County of San Mateo, the cities of Pacifica and Half Moon Bay, the Midcoast Community Council and sponsored by the Association of Bay Area Governments indicated the need for regional open space preservation and management services in this azea, concluded that District boundary expansion was one of the most promising attempts in a decade to meet this need; and WHEREAS, public agencies, land trusts, and other non-profit entities, some of which currently own open space lands west of Skyline Boulevazd and on the San Mateo County coast, have indicated a great need for District services in providing for additional open space preservation and in providing experienced, long-term stewardship and • management for those open space lands, especially in light of current budget constraints at the federal, state and county level which restrict other government agencies' ability to ~ provide these services; and . WHEREAS, in response to these requests and this need, the District is considering extending its boundaries so that it may provide services to preservate and manage open space lands west of Skyline Boulevard, preserve agricultural lands on the coast, preserve the rural chazacter of the coastal region, provide land management services for other land-owning agencies, enhance fire protection and public safety through the increased presence of its highly skilled field staff, and offer the public further opportunities for ecologically-sensitive recreational uses and environmental education; and WHEREAS, through this proposed annexation of the coastside, the District will greatly enhance the protection of the pristine, "world-class" natural beauty, open spaces and agriculture of the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz/San Mateo County Line and from Skyline to the sea, one of the last remaining unspoiled coastlines so near to one of the world's major urban areas; and WHEREAS, the District's annexation proposal envisions purchasing (from willing sellers only, and often through acquiring conservation or agricultural easements) and/or managing up to 11,800 acres of pristine public open space and continuing-use agricultural land, over the next 15 years, thereby allowing orderly development, yet preventing urban sprawl; and • WHEREAS, if successful, the District's efforts will provide for the people of the City of Sazatoga and for the entire region expanded opportunities for public access on the coastside, increased resources for maintaining the physical and economic integrity of Coastal agricultural lands, elected representation for the coastside area on the District's boazd of directors, enhanced community programs in environmental education and open space volunteerism; and WHEREAS, such an .extension would have no financial impact on the City of Saratoga, would have insignificant .financial effect on other government agencies or services within the proposed annexation azea, and would not change any land use designations or land use control, as the District does not have any regulatory or zoning authority, but would offer the District, on behalf of the public, the opportunity to contribute its services to open space and agricultural preservation and long-term stewardship efforts, subject to all local, state, and federal land use regulations and in compliance with all city and San Mateo County General and Coastal Plans; and will be the most efficient and effective way to provide these needed services; and Whereas, over the 30 years since its inception, the District has proved itself to be a good neighbor, an excellent steward of open space land on behalf of the public, a solid and fiscally conservative manager of public funds, and an organization very sensitive and responsive to the community's needs and desires, through a great deal of solicitation and • consideration of public input into the planning and management decisions made by its board of directors, Now, Therefore, Be It Resolved for the reasons stated above that the City o `~ Council of Saratoga does hereby endorse and support the extension by the Midpeninsula Regional Open Space District of its boundaries to include lands west of Skyline • Boulevazd from the southerly limits of the City of Pacifica to the San Mateo/Santa Cruz County line. Be It Further Resolved that the City Council of Saratoga does hereby urge the Board of Director's of the Midpeninsula Regional Open Space District to file an application for the annexation of all of this territory with the San Mateo County Local Agency Formation Commission. Be it Further Resolved that the City Council of Saratoga does hereby urge, if such an application is submitted, that the San Mateo County Local Agency Formation Commission approve the application of the Midpeninsula Regional Open Space District for the extension of its boundaries to include all of the territory west of Skyline Boulevazd from the southerly limits of the City of Pacifica to the San Mateo/Santa Cruz County Line. The above and foregoing resolution was passed and adopted at a regulaz meeting of the Sazatoga City Council held on the 21~` day of May 2003 by the following vote: AYES: NOES: ABSTAIN: • ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: May 21, 2002 ORIGINATING DEPT: Recreation PREPARED BY: SamTarani AGENDA ITEM: ~ ~'' CITY MANAGER: Y/~~?^'~-- DEPT HEAD• SUBJECT: On-Line Registration and Transaction RECOMMENDED ACTION(S): To authorize purchase of the web registration software (WebTrac) for the Recreation Department. REPORT SUMMARY: In order to provide on-line/web registration capabilities for recreation activities, we need to purchase and install Web Registration software in the amount of $15,450. The amount of $15,130 is already approved in the current Operation Budget. (See attached page from the 2002- 03 Operating Budget document). The benefits of upgrading include: • .Convenience and simplicity to the community by allowing them to register and pay. for recreational activities electronically using a computer at home; • 24-hour accessibility, and • Possible increase in registration and revenue for existing programs. FISCAL IMPACTS: Budget has already been approved and allocated for this purpose in the amount of $15,130. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Registration will continue as'is, without on-line activity registration available to the community. ALTERNATIVE ACTION (S): Continue with the current practice of over the counter and telephone activity registration. FOLLOW UP ACTION(S):. None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Approved budget document and revised cost. ~.~.I 2of2 Vermont W@bTraC -Real-Time Internet Software ..u ~~;~J~IE'`~`i ^I:,~ Small Workgroup Server-Based on 1 -15 RecTrac Users ~;.. ~ - Installation Plan -One ar Two Trips -See Conditions Below JJJ ec,;rmww~+ a Forks s; n:•m„ QUOTE -Software Purchase or Rental RecTrac, GolfTrac, 8 MainTrac User Interfaces t Prepared for: Ken Hambleton - Saratoga, CA Emaih khambletonfo]saratooz cz us Approved by: Kathy Messier Option • License Purchase & Rental Model Descri tion Fax: Phone: 408-866-1236 Date: 12/20/2002 Price Maintenance onthly Rental 1 WT WebTrac Internet Software -Small Workgroup Server $6,500.00 $1,200.00 $280 Includes RecTrac Integration Software 1 -15 Users Base Software Includes Choice Any (1) Below: 1 WRG Web Registrations $1,500.00 $300.00 $65 0 WGT Web Golf Tee-Time Reservations $0.00 $0.00 $0 0 WFR Web Facility Reservations $0.00 $0.00 $0 0 WPM Web Pass/ID Card Registrations $0.00 $0.00 $0 0 WCR Web Court Reservations $0.00 $0.00 $0 0 WTR Web Tdp Reservations (available 3/1/03) $0.00 $0.00 $0 0 WLR Web Locker Rentals (available 3/1/03) $0.00 $0.00 $0 0 WRV Web EquipmenUSite Rentals (available 3/1/03) $0.00 $0.00 $0 0 WPT Web Personal Tainer Scheduling $0.00 $0.00 $0 0 WLS Web League Scheduling Inquiries $0.00 $0.00 $0 0 W WR Web MainTmc Internal Work Order (available 12/1/02) $0.00 $0.00 $0 7 CM Less Credit One Module Included in Base Price ($1,500.00) ($300.00) ($65' 25 RTU RecTrac Additional WebTrac Users (71Agent) $1,250.00 $125.00 $50 Tofal We6Tmc Application SoRware $7,750.00 $1,325.00 $330 1 PR Progress WebSpeed Transaction Server, 25 Agents ~ $1,550.00 $265.00 $66 for W indows NT or 2000 Total WebTrac & Progress WebSpeed Software $9,300.00 $1,590.00 $396 On-Site Installation 8 Training 4 IT Installation 8 Training (Estimated) $2,240.00 1 Day(s) Travel Time @ $280/Day $280.00 4 EX Lodging/Meals/Car Rental (Estimated) $840.00 t TRV Airfare Travel (Estimated) $1,200.00 Total Support Services $4,560.00 Total WebTrac 8 Progress Software and Support Services $13,860.00 $7 590.00 Purchase Total WebTrac Intemet Software -Purchase $15,450.00 includes First Year Annual Maintenance OR Rental Total WebTrac Internet Software -Rental 1st Year 59.312 Transaction Agent Defnition -.1 Agent =Process estimated 50 -100 Simultaneous Transactions. Thus, 25 Agents = 1250 - 2500 Simultaneous Transactions Expenses are ESTIMATED at $7200 for airfare; $150 per day for lodging/meals; and $60 day for a rental vehiGe (for non-flying trips, car rental can be more due to tolls and gasoline usage). Actual expenses are billed upon completion of the trip. IMPORTANT: the 3-day on-site installation antl training trip should be sufFlcient, 'rf the customer has completed the installation of all hardware, network software, frewall, efc prior to the initial VSI Trainer visit, and DOES NOT modify the configuration after the Trainer has successfully completed the WebTrac software installation and has departed. Otherwise; asecond 3-day trip will be required, or chargeable telephone support must be scheduled to reconfigure the system. The VSI telephone support lines cannot be used for this purpose. NOTE: WebTrac Server PC -Additional Installation Cost Please refer to V51 WebTrac Installation Planning Guide regarding server configuration options. A minimum recommended server hartlware configuration would include a Pentium III 800 or higher processor with 256M6 or more memory, 9G8 or larger drive, Ultra SCSI, mooing Windows NT or 2000 Server. Although WebSpeed is also Linux and Unix certified, VSI is cunently supporting W indows NT.B 2000. Refer to Progress Certified Operating Systems. VSI ran provide pricing for hardware, configuration, and installation of the WebTrac server for1hose who do not have access to this service internally or from another source. NOTE: CretliUDebit Card Authorizatlons While either Intemet (IP) or Dialup Modem communications will work, IP is recommended, as it is much faster and more reliable. For IP, you can select Lynk Systems for processing, or Verfsign using a gerlifed processor for processing or PCCharge software using a PCCharge certifiedprocessor (see list). IP requires access to the Intemet If you elect to process via Dialup Modem, you can use PCCharge or ICVedfy software; along with cert~ed processors. ~7~~~ ~. City of Saratoga, California DESCRIPTION:' Management Information Systems NUMBER: 1065 DEPARTMENT: Administrative Services FUNCTION: General Government 1 PERFORMANCE GOALS: FY' 02/03 EXPENDITURE NOTES: To facilitate the implementation of recreation and I 1003 -Part-time MIS intern. facility software. 2. To evaluate, recommend -and implement upgrades to the end-user work station and local area network serving all City departments.. 3. To contihuously improve the City's .web site iri order to effectively provide public access 4o City information. 4'_ To provide intemet access, a-mail, .and electronic calendaring to all individuals throughoutthe City. 'PERFORMANCE HIGHLIGHTS FY 01/02: • Email"Implementation/Exchange server • .Setup Call-accounting ttlat monitors city telephone activity •: Document Imaging/Code Enforcement/City Codes and building permits • Computer Room improvement • Software Lic. and purchase of enterprise anti- virussystemfiorcomputervirusprotection • Workstation upgrades . :Provided in-house Outlook 2000 training to city . staff 4001 -Employee and Tech. Coordinator tralning or applications usage and systems administration. 4010 -Contract services to upgrade the City's web site. FY 01/02 upgrades provitled by existing staff. 4015 -Annual maintenance fee for HTE systems 'appl'ications and miscellaneous equipment. 6006 - FY 01/02 included IT tools $6,000, parts & supplies $3,000, and web registration's software $15;130. Significant program changes include: . • Website Improvement and in-house web server ' hosting • Majorreduction in replacement antl improvement progress. STAFFING: Administrative Services,Director 0.10 Tecfinology Codrdinator 1:00 MIS Assistaht 1.00 FUNDING SOURCE(Sl: 001 - GENERAL FUND Undesignated The full cost of this program is allocated to other .programs through the Indirect Cost Allocation formula. " Supplies & Serv' 8' FY 02103 EXPENDITURES Capital Equipment .. _ 10% ~~ ~ ~ Personnel - ~~ 82% EXPENDITURE TREND $300,000 $250,000 $200',000 $150,000 $100,000 $50,000 $0 99-00 ~. ~: 00-01 ~ 01-02 02-03 Actual Actual ' Yr-end Adopted 64 i City of Saratoga, California I ~ DESCRIPTION: Management Information Systems NUMBER: 1065 pEPARTMENT: Administrative Services i FUNCTION: ,General Government Services EXPENDITURE BREAKDOWN 2001-02 2002-03 % Change 2000-01 Actual Amended Year-end Bud et Estimate Approved Adopted -Bud et Bud et from 07.02 Estimate. I SUMMARY OF EXPENDITURES Personnel 'Supplies & Services Capital Equipment Indirect Cost Allocation TOTAL EXPENDITURES .. .158,846 1.68,1.51 165,884 178,856 187,525 13% 16,353 40,Ot30 16,375 18,650 18,660 14% 61,960 99,723 99,723 54,000 24,130 -76% 237,159 307,954 281,982 251,506 230,315 -18% 0 0 0 0 0 n/a . EXPENDITUREDETAIL (513 / 613) Personnel I 1001 Wages, Regular 1003 .Wages, Temp Part-Time ` 2001 Benefits Personnel Total 120,556 132,228 129,931 142,501 146,125 13% 15,244 15,000 15,141 15,000' 17,000 12% 23,046 20,923 - 20,812 21,355 24,400 17% 158,846 168,151 165,884 978,856' 187,525 13% I Supplies & Services 3001 Supplies - 3031 Pubiications/Subscriptions I 4001. Training 4010 Contract Services 4015 Maintenance Services I Supplies & Services Total 574 1;000 1,000 1,000 1,000 0% 0 100. 75 `100 0 -100% 6,26Q 1,500 1,500 -1,550 5,000 233% 1,081 26,680 3,000 5,000 6,660 122% 8;438 10,800 10,800 11,000 6,000 -44% 16,353 40,080' - 16,375 18,650 18,660 14% Capital Equipment 6002 Improvements -Buildings 4,836 0 0 0 0 I 6006 Furniture/Office Equip. 57,124 99,723 99,723 54,000 24,130- 6006 Furniture/Office Equip. A 0 0 0 0 Capital Equipment Total 61,960 99,723 99,723 54,000- DIRECT COST SUBTOTAL 237,159 307,954 289,982 251,506 1 8001 Indirect Cost Allocation 237,159 307,954 281,982 251,506 TOTAL EXPENDITURES 0 0 0 0 -18% SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 ORIGINATING DEPT: Recreation PREPARED BY: Joan Pisani AGENDA ITEM: CITY MANAGER: DEPT HEAD: 2ti ~~ SUBJECT: Civic Theater Upper Level Re-Roof Project -Notice of Completion RECOMMENDED ACTION(S): Move to accept .the Civic Theater Upper Level Re-Roof Project as complete and authorize staffto record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the Civic Theater Upper Level Re-Roof Project has been completed by the- City's contractor, Western Roofing Services, and has been inspected by Building Division staff. The final construction contract amount was $66,250. An additional amount of $6,625 was approved for change orders, and was not needed. In order to close out the construction contract and begin the one-year labor and 15 years materials warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staffto record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may connmence. FISCAL IMPACTS: The ten percent retention withheld from previous payments to the contractor will be released 30 days after the recordation of the Notices of Completion assuming no Stop Notices aze filed with the City. The adopted budget contains sufficient funds to cover the cost of construction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): r None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of Completion for the Civic Theater Upper Level Re-Roof Project. • C~ Recording requested by, Joan Pisani And to be returned to: City of Saratoga. Recreation Department 13777 Fruitvale Avenue Saratoga, CA-95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 21st day of May, 2003. Contract Number: N/A Contract Date: November 6, 2002 Contractor's Name: Western Roofing Service Contractor's Address: 2594 Oakdale Avenue, PO Box 24022, San Francisco, CA 94124 Description of Work: Civic Theater Upper Level Re-Roof Project Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Sazatoga, County of Santa Claza, State of California on May 21, 2003. CITY OF SARATOGA BY: ATTEST: Dave Anderson .Cathleen Boyer, City Clerk City Manager Gov. Code 40814 SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003.. AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: ~~ `~: CITY MANAGER: ~/~~^'~- DEPT IIEAD: C SUBJECT: Contract Renewal for Municipal Traffic Engineering RECOMMENDED ACTION(S): Approve aone-year contract renewal with Fehr & Peers Associates, Inc. for on-call Traffic Engineering Services and authorize City Manager to execute the same. REPORT SUMMARY: Attached is a proposal for contract renewal for on-call Traffic Engineering Services Fehr & Peers Associates, Inc. In addition, the current contract is attached for your information, Fehr & Peers has been performing traffic-engineering services for the City for over a year and they .have performed these services well. They possess a thorough knowledge of the traffic conditions ixi 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, City residents, and staff on various traffic issues. Currently, Fehr & Peers has been paid approximately $72,000 for their services, which can be broken down as follows: $11,500 for NTMP services $21,000 for school related traffic issues $39,500 for misc. traffic engineering services and studies The current Fiscal Year Budget for Traffic Engineering Services is $87,000. Next year's proposed budget for Traffic Engineering Services is $60,000. The reduced budget is based on a reduction in the services required for NTMP and school related traffic issues. In order to meet riext years proposed budget it will be necessary to meter these traffic issues during the year. Attached to Fehr & Peers' proposal is an updated rate schedule: Sorhab has been promoted to office manager and his rate has increased by $15/hr from $I50/hr to $165/hr. The City has t received a discount of $10/hr for Sorhab's services; which will continue at the new rate of $155/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. 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. 2 of 2 • FEHR & PEERS TRANSPORTATION CONSU ITANTS Apri130, 2003 Mr. John Cherbone City of Saratoga Public Works Director 13777 Fruitvale Avenue Saratoga, California 95070 Re: Renewal of Contract for Traffzc Engineering Consultant Sewices 1o25-aa6 Dear Mr. Cherbone: Fehr & Peers Associates, Tnc. 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 Council members respect our technical expertise and communication skills. Our current contract is up for renewal 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 $165 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 95110 (408) 278-1700 Fax (408) 278-1717 w w w. f e h ra n d p e e r s. <o m FEHR & PEERS TRANSPORTATION CO NSN ITANTS 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 Personal auto mileage at $.365 per mile Communication Expense (Telephone, fax, E-mail, etc.) • \_J 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 & 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: L 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 Exhibit 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 tothis 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 insofaz as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement aze attached hereto and are by this reference incorporated herein and made apart 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 Saratoga/Standard 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 or 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 (v' . Irt~.,-k~-i' S-f'.. 5~,~ r f~ Zoc~ SC f ,!S I(~ a--rrnt ". ~JO I/LY ec.i.~ MKS I~`~ Notices to City shall be 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 alI 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/Standard Contract Agreement Page 3 of My bocuments/Contracts 03/15/01 r~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By. ~ Date: ~~5,~_2,E~~ Print Name: ~. Sz~~rab ~ skid Position: Se~v. Hof ~~oc.ia~e./oFF~`c~ (~C~~~' CITY OF SARATO,G/A', a/Jmunicipal corporation By: 0~~..---^ Date: r -..r-t ~ y~ 2 ~, ~ ' Name: ~t ..~ ~~-ea-.~o~--- Title: _ ~.~j '~ir'l'.v~r ~c~~s.-` APPROVED AS TO FORM: By. J-~'""._ .:_ ~-' ~ Date: ~y^~. ~/ Z G'a'Z- City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: ` <~l ~J aoa dministrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reportirig Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements • City of Saratoga/Standard Contract Agreement Page 4 of 19 My Documents/Contracts 03/15/01 • 1 EXHIBIT A SCOPE OF WO12K Contractor shall complete the attached Scope of Work. • City of Sazatoga/Standazd Contract Agreement Page 5 of 19 My Documents/Contracts 03/15/01 Exhibit A -Scone 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: Neighborhood 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 traffc 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. -~I 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 month 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. l; 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. MONTIiLY 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 19 My Documents/Contracts 03/15/01 FEHRS~PETansposta~n'o~C~suttaina FEHR & PEERS ASSOCIATES, INC. FY 2002 Hou rly Billing Rates Classification Hourly Rate Senior Principal $175.00 -$185.00 Principal $135.00 -$175.00 Senior Associate $135.00 -$170.00 (S Rashid $140)' Associate $120.00 -$145.00 (S.DeBorde$135) Senior Engineer/Planner $80.00 - $130.00 Engineer/Planner $75.00 -$100.00 Senior Technical Support $65.00. - $95.00 Administrative Support $45.00 - $78.00 Technician $50.00 - $85.00 Intern $45.00. - $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 chazges, 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/Standard Contract Agreement Page 7 of 19 My Documents/Contracts 03/15/01 • s 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. 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. LJ CiTy of Sazatoga/Standazd Contract Agreement Page 8 of 19 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, ,disability, unemployment, workers compensation. or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay direcfly 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. PERSONNEL 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 aze 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/Standard Contract Agreement page 9 of 19 My Documents/Contracts 03/15/01 ~ . • b: Subsequent Conflict of Interest.. Contractor agrees that if an 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. shall 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 45 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. Funding 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. L_J City of Sazatoga/Standazd Contract Agreement .Page 10 of 19 My Documents/Contracts 03/15/01 • 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 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 Contractor or any employee or .subcontractor of Contractor is convicted or pleads nolo contendere 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 1 i of 19 My Documents/Contracts 03/15/01 i 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 preparation. ~ .The stamp/ seal shall be in a .block entitled "Seal and Signature of Registered Professional with report/design. responsibility" as pei•• 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 chazacter 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 azising 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 J CJ City of Saratoga/Standard Contract Agreement .Page 12 of 19 My Documents/Contracts 03/15/01 \_ J Contractor to indemnify and protect City as set forth below. 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 the 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. i 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/Standazd Contract Agreement Page 13 of 19 My Documents/Contracts - - 03/15/01 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain fox 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: 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 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 promptiy 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 i ~~..I City of Sazatoga/Standard Contract Agreement Page 14 of 19 My Documents/Contracts 03/15/Ol resolution, litigation, and jurisdiction .and severability shall survive termination of this Agreement. ~. 17. 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 claims, they shall submit them to non,-binding mediation in California at shared' expense of the parties for at least 8 hours of mediation. If mediation does not arrive , at a satisfactory ~ 'result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes aze 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 anew 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 Saratoga/Standard Contract Agreement Page 15 of 19 My Documents/Contracts 03/15/01 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, 1377? Fruitvale Avenue, Saratoga, CA 95070, Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements aze 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 Saratoga/Standard Contract Agreement Page My Documents/Contracts 03/15/01 • i • _ $ per person/$ per accident for bodily. injury _ $ per occurrence for property damage _ $ 500,000 combined single limit for bodily injury and property damage ~ • Gazage 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 8s .Omissions Liability coverage for a period of three years. after the expiration of this Agreement. Contractor may satisfy this requirement. by .renewal of existing 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: T 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 City of Saratoga/Standard Contract Agreement Page My Documents/Contracts 03/15/01 - • 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 $ind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall app1Y: 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/Standard Contract Agreement Page 18 of 19 My Documents/Contracts 03/15/01 - - 3. Coverage shall not be suspended, voided, canceled by either ' 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 i i City of Sazatoga/Standazd ContractAgreement Page 19 of 19 My Documents/Contracts 03/15/07 .. s SARATOGA CITY COUNCIL MEETING DATE:. May 21, 2003 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Christine Oosterhous, AIC)~EPT HEAD: _ SUBJECT: Appeal of a Planning Commission decision to approve design review and use permit applications to construct new facilities for St. Andrew's Parish and School located at 13601 Saratoga Avenue. APPELLANT: Marc King, property owner, 19640 liraemaz Drive. APPLICANT: St. Andrew's Parish and School, 13601 Sazatoga Avenue. RECOMMENDED ACTION: Conduct public hearing and uphold the Planning Commission . approval. Adopt attached City Council Resolutions of Approval (see attachment 12). REPORT SUMMARY: At a public hearing held onMazch 12, 2003 the Planning Commission adopted environmental :documents and conditionally approved Design Review Application No. 01-035 .and Use Permit Application 01-01310 construct new facilities for St. Andrew's Parish and School. The proposed project includes demolition of the existing buildings (with the exception of the sanctuary, which is to remain) and the construction of six new structures, Proposed buildings. include: a performing arts/gymnasium, administration offices, classrooms, a parish center,.a clergy building, and a bell tower. New building construction will total approximately 72,705 square feet. Special Conditions Adopted by the Planning Commission The Planning Commission approved the project with the following special conditions:. -The proposed bell tower shall be eliminated from the project. -Clerestory windows (narrow windows installed above eye-level) shall be installed in the parish center. -The height of the administration/classroom building shall not exceed 32.5 feet as viewed from Saratoga Avenue. -The height of the clergy building shall not to exceed 30 feet in height as viewed from Saratoga Avenue. -St. Andrew's -shall be required to install fencing and landscape screening as requested by the adjacent neighbors (see attachment 5). -Planning Commission approval shall be required to increase student enrollment beyond 450 students. Enrollment figures shall be submitted to the planning department each fall. -Outdoor concerts, amplified voices and music shall not be permitted in any outdoor location. -Interior building lights shall not be illuminated in the evenings when not in use. Please refer to the City Council Resolution of Approval (see attachment 12) for the entire list of standard and special conditions. Bell Tower Eliminated The proposed 54 $. bell tower was among one of the most discussed topics at the public hearing on March 12, 2003. Several of the Planning Commissioners expressed concern about the impact of the bell tower, both visually and acoustically. A motion was passed by the Planning Commissioners to require the elimination of the bell tower from the project. 450 Maximum Student Enrollment Also a concern of several Planning Commissioners was the potential for an increase in student emollment as it relates to traffic and congestion, and accommodating future development on the site. Yeazly student enrollment data which dates from 1958 to the present has been included for your reference (see attachment 10). A motion was passed by the Planning Commissioners to limit student enrollment to 450 and to require annual figures to be submitted to the planning department each fall. Planning Commission approval shall be required to increase the number of students enrolled at St.Andrew's School to more than 450. Follow-up Requested by the Planning Commission As directed by the Planning Commission at the March 12, 2003 hearing, staff met with St. Andrew's, and the property owner of 19541 Tweed Ct, William Vitek, at the project site on March 24, 2003.. The purpose of the meeting was to determine if Mr. Vitek would require the windows in the second story of north classroom building to be clerestory to avoid privacy impacts to his property. Mr. Vitek did not require clerestory windows in the north classroom building. Memorial Garden St. Andrew's currently buries cremated remains on-site in a small area located by the existing sanctuary. The proposed project includes an additional area to be used for this purpose. The proposed memorial gazderi, to include space for cremated remains and a meditation labyrinth, is located between Sazatoga Avenue and the existing sanctuary, While many public comments were received regazding the proposed expansion of the memorial garden, the city has no local ordinances to regulate or prohibit such activity. Research concluded that the State of California does not regulate this activity because it occurs on property owned by a religious entity. u 2 +~ '~ i Heritage Preservation Commission. Due to the project's location along Heritage Lane, the Heritage Preservation Commission (HPC) . reviewed the proposal. The HPC voted unanimously to support the project. Due Process and Due Diligence The grounds for the appeal as detailed by the appellant, Marc King, in his appeal application are in part "failure to provide due process and due diligence." St. Andrew's held several neighborhood meetings, of which the appellant was notified by mail. The appellant did not attend at any of these meetings. The Planning Commission held several study sessions. Staff notified the appellant of the study sessions by telephone. The appellant did not attend any of the study sessions. The project was presented to the Planning Commission in October 2002 for the sole purpose of receiving public testimony: The Planning Commission did not take action to approve or deny the project at that time. The appellant was notified by mail of this meeting. The appellant did not speak at the hearing mentioned above nor at the public hearing held in Mazch 2003.- Documents on file with the Community Development Deparhnent indicate the appellant was notified of all of the meetings discussed above. The appellant never gave public testimony at arty of the neighborhood meetings, study sessions, or public hearings. The appellant submitted written comments in opposition to the project over atwo-year period. Adjacent Property Owners An on-site meeting was held with staff, St: Andrew's, and the adjacent property owners who oppose the project to discuss landscaping and fencing, to minimize the project impact on adjacent property owners.. The agreement between the applicant and adjacent property owners is attached for your reference,(see attachment 5). One adjacent property owner, who resides at 13631 Saratoga Avenue, has submitted comments in support of the proposed project. A map of the project site and surrounding adjacent properties has been enclosed for your reference (see attachment 9). Environmental Documents The mitigated negative declaration and mitigation monitoring program reflect the project conditions adopted by the Planning Commission. The council is required to adopt the environmerital documents prior to taking action on the project. Staff suggests the council take one vote on the mitigated negative declaration determination. If necessary, staff will modify specific mitigations to reflect the council's final motion on the requested use permit and design review entitlements. Findings The findings for design review and use permit approval aze detail in the City Council Resolution of Approval. hr order to grant the appeal the City Council must find the project does not comply with the findirgs listed in the City Council Resolution of Approval (see attachment 12}. 3 1M Y I Relevant background documents, including the staff report, resolution of approvals, minutes, environmental documents, special studies, and comment letters are included in the packet materials. ALTERNATIVES: 1. Grant the appeal and overturn the Planning Commission's approval of the proposed project, thus denying the Design Review and Use Permit Application with findings. 2. 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 AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: 1. Planning Commisslon staff report 2: Project data proposed and existing 3. Planning Commission Resolution of Approva103-13 (Environmental Documents) and Resolution of Approva103-14 (Design Review and Use Permit). 4. Environmental Documents: Initial Study/Mitigated Negative Declaration a. Traffic Study b. Noise Study c. Arborist Report 5. Landscape screening, trimming, and fencing. agreement between the adjacent neighbors and St. Andrew's Parish and School. 6. Appellant statement from Marc King. 7. Comments received in support and opposition to the project, approximately 50 total. 8. Minutes from the March 12, 2003 Planning Commission meeting. 9. Vicinity map including the project site, surrounding property owners, and appellant's property. 10. Student enrollment statistics from 1958-2002. 11. Statement from the applicant, St. Andrew's Parish and School. 12. City Council Resolutions of Approval. 13. Reduced project plans. 4 SARATOGA CITY COUNCIL. MEETING DATE: May 21, 2003. AGENDA ITEM: ~_ ORIGINATING DEPT: Community Development CITY MANAGER: ~~~''-- PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: Jonathan Wittwer, Assistant City Attorney SUBJECT: Public Hearing and First Reading to Amend Article 16 of the Saratoga City Code relating to the Maintenance of Building Sites and Expiration of Building Permits RECOMMENDED ACTION: Conduct the Public Hearing, introduce the Ordinance, waive first reading, and direct Staff to place the matter on the Consent Calendar for the next regular City Council meeting. REPORT SUMMARY: 1. One of the areas that continue to create complaints from all of Saratoga's neighborhoods is the unsightliness of construction sites: This was discussed at the recent Council Retreat. On March 5, 2003 the City Council adopted a Resolution of Intent directing Staff to develop an ordinance to require fencing of construction sites. The City Council also directed that this ordinance take into consideration the line of sight. safety issues at intersections. The attached ordinance addresses these issues. It .requires that (1) construction sites be fenced with opaque material and (2) all equipment, material, portable toilets and trash dumpsters be maintained within the confines of the project. As this is a totally new ordinance, there is no °'~'~*~~x or bold italic presentation of the amendment, but rather a summary. 2. Another azea of concern is construction projects that continue for an unreasonable length of time, sometimes five to six years or more. This subjects the neighbors to unfinished construction sites, which are unsightly, attractive as unintended shelter. for humans and animals, and unsafe.. These conditions are a frequent .source of complaints. The ordinance is intended to give incentive for the completion of construction projects within a reasonable amount of time. It is designed to render the Code more understandable and to enable builders to know the procedures applicable to reinstatement of a building permit and to know the limit on the number of reinstatements. Discretion is more clearly vested in the building official to reinstate permits and no more than two permit reinstatements aze allowed in order to encourage completion of construction projects in a timely manner. As this is an amendment of an existing ordinance section staff has provided the typical strip and bold italic for the City Council t The portion of the draft ordinance relating to the .maintenance of construction sites may be summarized follows: From the time of issuance of a building permit until a certificate of occupancy is issued, the contractor (or the owner) is required to screen the construction project site from public view with a 6-foot opaque fence. The construction site is also required under this ordinance to be kept in a reasonably clean condition.. The fence is required to be located in a manner not to obstruct necessary line of sight at intersections of private or public roads. "Reasonably clean condition" shall means (1) No construction material or debris is on the public street or sidewalk. (2) A trash container is maintained on the project site at all times and debris on the site, which could otherwise blow away, is regularly collected and placed in the container. (3) All construction debris (wood scraps and other debris, which cannot blow- away) piled within the property lines of the prof ect in a neat and safe. manner. (4) The project site has signage visible from the public street that indicates the hours of operation including emergency contact information and as well as weekend and after- hours Sheriff contact numbers. The contractor (or owner) shall at all times maintain and use trash containers on the project site. A 32-gallon size container, with handles,. or similar container labeled "TRASH ONLY" shall be provided for each single-family residence, small commercial project or multi-family project up to four (4) units. A trash dumpster shall be provided for each multi-family project of more than four (4) units or each large commercial project. The Building Official, or his or her designated representative, may require additional trash containers or make such orders as are necessary to insure a clean project site: In the event of noncompliance, the Building Official may do any or all of the following: (1) Refuse to make further inspections on the project. (2) Issue a stop work order on the project. (3) Cause to be issued a citation for violation of this Chapter. The Ordinance Amendment also specifically authorizes the Building Official to require certain actions such as fencing or blocking access to crawl spaces. The portion of the draft ordinance relating to the Expiration of Building Permits may be summarized as follows: Every permit issued by the Building Official expires if any one of the following occurs: (1) The building or work authorized by such permit is not commenced within 180-days from the date of such permit; or (2) The building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180-days; or 2of6 .~ . (3) The permittee fails or refuses to request one of the five specified inspections required by the Uniform Building Code within any period of 180 consecutive days after the work authorized by the permit is commenced. If the Building Official conducts such inspection within such 180-day period, but declines to approve such inspection without correction of specified items and subsequent re-inspection, then the building permit shall not expire if such correction is made and passes re-inspection within 30 days after the end of the 180-day period described in this subsection. After expiration, work can be recommenced; only upon reinstatement or issuance of a new permit do so. A reinstated or new permit may be issued under either of the following circumstances: (1) Re-instatement may occur upon application for permit re-instatement within 180-days of expiration. The fee for issuance of renewed permit shall be one- half of the full permit fees if the reinstated permit is applied for issued within 180-days after expiration of the prior permit. (2) A new permit maybe issued upon application for a new permit at any time so long as any underlying Design Review Approval, Use Permit or other required planning approval remains effective. The building official may decline to issue more than one reinstatement of a building • permit if in the judgment of the building official the work authorized by the original permit is not being diligently prosecuted to completion. The building official may also condition any reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building official may approve no more than two reinstatements of a building permit. The building official may at any time exercise discretion to find that a building, structure or work for which a building permit has expired qualifies as an unsafe building,. structure or work and proceed to abate any nuisance associated therewith in accordance with this Section. Where a building permit has expired, and the building, structure, or other work authorized by such permit has not been completed, if a reinstated permit is not obtained within 180 days after expiration, the building, structure, or work shall be conclusively presumed to be, unsafe, a hazard to the public health, safety and welfare, and a public nuisance. The building official is authorized to exercise discretion to abate any public nuisance regarding any unsafe building, structure or work (including but not limited to one resulting under the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by: • (1) Proceeding under the Uniform Code for the Abatement of Dangerous Buildings; or 3 of 6 (2) Proceeding under the following alternative method of enforcement where a • building, structure, or other work authorized by a building permit has not been completed within 24 months of the date of issuance of the original permit: the building official may abate such public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of the building, structure, or other work, or construction of a fence or wall around the building, structure, or work so as to obscure it from view, or construction of other structures or blockades to prevent access to the building, structure, or other work by animals or humans. The provisions of this draft ordinance are applicable to any project in the City. of Saratoga for which a building permit is required. Section 16-15.030 of the Saratoga City Code is amended to read as follows: Section 16-15.030, Section 106.4.4 Expiration (a) Every permit issued by the building official under the provisions of the Uniform Building Code shall expire by limitation and become null and void if any one of the following occurs: (1) The building or work authorized by such permit is not commenced within 180 days from the date of such permit; or . (2) The building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days; or (3) The permittee fails or refuses to request an inspection ^••~°••^-•~ .° .w;^ ~°a° required by Section 108 of the Uniform Building Code within any period of 180 consecutive days after the work authorized by the permit is commenced. If the building official conducts such inspection within such I80-day period, but declines to approve such inspection without correction of specified items and subsequent re-inspection, then the building permit shall not expire if such correction is made and passes re-inspection within 30 days after the end of the 180-day period described in this subsection. (b) n°F ~° °••^'~ •°°~'~ ^^~'-^ After such expiration, such work can be recommenced, only upon reinstatement or issuance of a new permit °''°"''° F~°' °~'^~~°a to do so. The plans and specifzcations for a reinstated permit or new permit shall comply with all provisions of the City building code in effect at the time of reinstatement or issuance of a new permit. A reinstatement or new permit may be issued as follows: (1) Reinstatement. Expired Permits may be reinstated as follows. Application for permit reinstatement within 180 days of expiration, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment under • (2) above has not exceeded one year. The fee for issuance of °•• 4 of 6 .` renewed permit shall be one-half of the full permit. fee (based upon the fee schedule adopted by the City Council as of the time the reinstated permit is issued) if the new reinstated permit is applied for issued within 180 days after expiration of the prior permit,. , ~~ "~~ ~^' -- ---~~« F „ :C •t.e « ,.,,.:} x.,.xaca-[ixvrvi'rimrviiv-ii••.•,i«,.M .~ 1.4...7...... ..#e: ~»~l. a :.M;..« l.~e.7. ..«. }H C ,. ,.,,1. ~.t..le ..,7....4,,.7 1... 41,e !'':4.. !''... n:l n ..F 41.n 4;me 41-.a.e--a.•• vvieriiii i$ ___ oar _____.:au _: -y .. ~ . ' «r... n' (2) New Permit. A new permit may be issued following expiration of a building permit as follows. Application for a new permit at any time so long as any underlying Design Review Approval, Use Permit or other required planning approval remains effective. The full permit fee shall apply to the new permit (based upon the fee schedule adopted by the City Council as of the time the new permit is issued). Notwithstanding the. foregoing provisions, upon written request by the applicant showing, to the satisfaction of the building official, that the prior permit expired as a result of exceptional circumstances beyond the reasonable control of the applicant, the building official may waive or reduce the payment of a fee for. issuance of the reinstated or the new permit. The building official may decline to issue more than one reinstatement of a building . permit if in the judgment of the building official the work authorized by the original permit is not being diligently prosecuted to completion. The building official may also condition any reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building official may approve no more than two reinstatements of a building permit. The building official may at any time exercise discretion to find that a building, structure or work for which a building permit has expired qualifies as an unsafe building, structure or work and proceed to abate any nuisance associated therewith. Where: (i) a building permit has expired; and (ii) the building, structure, or other work authorized by such permit has not been completed; .and (iii) i~ a new no reinstated permit ~_ ....,.1. -°~-'~ ~° ,,,.. has been obtained within t~ii-ty I80 days after expiration }~r~a~, then .said building, structure, or work shall be conclusively presumed to be unsafe, abandoned, and a hazard to the public health, safety and welfare, and a public nuisance. The building official is authorized to exercise discretion to abate any public nuisance regarding any unsafe building, structure or work (including but not limited to one resulting under the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by: (3) proceeding under the Uniform Code for the Abatement of Dangerous . Buildings; or 5 of 6 ~,. (4) proceeding under the following alternative method of enforcement where a . building, structure, or other work authorized by a building permit has not been completed within [24 or 36 -Tom and Brad please choose) months of the date of issuance of the original permit: the building official may abate such public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of the building, structure, or other work, or construction of a fence or wall around the building, structure, or work so as to obscure it from view, or construction of other structures or blockades to prevent access to the building, structure, or other work by animals or humans. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff will continue to seek the cooperation of contractors and owners in maintaining building site cleanliness and promptly completing construction projects. ALTERNATIVE ACTION: 1. Do not adopt such an ordinance • FOLLOW UP ACTION: Place the matter on the next available City Council Agenda for second reading and adoption ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing Notice was published in the May 7, 2003 edition of the Saratoga News and was posted on May 7, 2003. ATTACHMENTS: Draft Ordinance • 6 of 6 ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING EXPIRATION OF BUILDING PERMITS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Maintenance of Construction Project Sites. Section 16-75.050 Section 16-75.050 Maintenance of Construction Project Sites (a) The regulations provided by this Chapter are in addition to and supplement any other regulations pertaining to building projects within the City of Saratoga. This Chapter is applicable to any project in the City of Saratoga for which a building permit is required. (b) From the time of issuance of a building permit for new construction, remodels affecting more that 50 percent of either the floor area or exterior wall modification until a certificate of occupancy is issued, the contractor shown on the building permit or, if there is none; the owner (hereinafter the "permit applicant") shall cause the construction project site to be enclosed by a 6-foot opaque fence and to be kept in a reasonably clean condition. Said fence shall be located in a manner not to obstruct necessary line of sight at intersections of private or public roads. (c) "Reasonably clean condition" shall mean: (1) No construction material or debris is on the public street or sidewalk. (2) A trash container is maintained on the project site at all times and debris on the site, which could otherwise blow away, is regularly collected and placed in the container. (3) All construction debris (wood scraps and other debris, which cannot blow away) shall be piled within the property lines of the project in a neat and safe manner. (4) The project site shall have a signage viewable from the public street that indicates the hours of operation pursuant to the City of Saratoga Noise Regulations, Article 7-30.060 hours of construction must be posted. Emergency contact information and as well as weekend and after-hours Sheriff contact numbers. (d) The permit applicant shall at all times maintain and use trash containers on the project site. A 32-gallon size container, with handles, or similar container labeled "TRASH ONLY" shall be provided for each single-family. residence, small commercial project or multi-family project up to four (4) units.. A trash dumpster shall be provided for each multi-family project of more than four (4) units or each large commercial project. (e) The Building Official, or his or her designated representative, shall have the authority, at the time of issuance of a building permit or any time prior to certification of occupancy, to require additional trash containers or make such orders as are necessary to insure a clean project site. (f) Should the Building Official determine that the project is not being maintained in a reasonably clean manner as defined herein or that the permit applicant has /V . failed to comply with an order issued pursuant to this Chapter, the Building Official may do any or all of the following: (1) Refuse to make further inspections on the project. (2) Issue a stop work order on the project. (3) Cause to be issued a citation for violation of this Chapter. Section 2. Building Permit Expiration. Section 16-15.030 of the Saratoga City Code is amended to read as follows: Section 16-15.030, Section 106.4.4 Expiration (a) Every permit issued by the building official under the provisions of the Uniform Building Code shall expire by limitation and become null and void if any one of the following occurs: (1) The building or work authorized by such permit is not commenced within 180 days from the date of such permit; or (2) The building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days; or (3) The permittee fails or refuses to request an inspection pursuant to this Code. required by Section 108 of the Uniform Building Code within any period of 180 consecutive days after the work authorized by the permit is commenced. If the building official conducts such inspection within such 180-day period, but declines to approve such inspection without correction of specified items and subsequent re-inspection, then the building permit shall not expire if such correction is made and passes re-inspection within 30 days after the end of the 180-day period described in this subsection. (b) After such expiration, such work can be_recommenced, only upon_reinstatement or issuance of a new permit to do so. The plans and specifications for a reinstated permit or new permit shall comply with all provisions of the City building code in effect at the time of reinstatement or issuance of a new permit. A reinstatement or new permit may be issued as follows: (1) Reinstatement. Expired Permits .may be reinstated as follows. Application for permit reinstatement within 180 days of expiration, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment under (2) above has not exceeded one year.. The fee for issuance of renewed permit shall be one-half of the full permit fees (based upon the fee schedule adopted by the City Council as of the time the reinstated permit is issued) if the reinstated permit is applied for within 180 days after expiration of the prior permit. . (2) New Permit. A new permit may be issued following expiration of a • building permit as follows. Application for a new permit at any time so long as any underlying Design Review Approval, Use Permit or other required planning approval remains effective. The full permit fee shall apply to the new permit (based upon the fee schedule adopted by the City Council as of the time the new permit is issued). Notwithstanding the foregoing provisions, upon written request by the applicant showing, to the satisfaction of the building official, that the prior permit expired as a result of exceptional circumstances beyond the reasonable control of the applicant, the building official may waive or reduce the payment of a fee for issuance of the reinstated or the new permit. The building official may decline to issue more than one reinstatement of a building permit if in the judgment of the building official the work authorized by the original permit is .not being diligently prosecuted to completion. The building official may also condition any reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building official may approve no more than two reinstatements of a buildingpermit. The building official may at any time exercise discretion to find that a building, structure or work for which a building permit has expired qualifies as an unsafe building, structure or work and proceed to abate any nuisance associated therewith. Where: (i) a building permit has expired;. and (ii) the building, structure, or other work authorized by such permit has not been completed; and (iii) no reinstated permit has been obtained within 180 days after expiration, then said building, structure, or work shall be conclusively presumed to be unsafe, abandoned, a hazard to the public health, safety and welfare, and a public nuisance. The building official is authorized to exercise discretion to abate any public. nuisance regarding any unsafe building, structure or work (including but not limited to one resulting under the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by: (1) Proceeding under the Uniform Code for the Abatement of Dangerous Buildings; or (2) Proceeding under the following alternative method of enforcement where a building, structure, or other work authorized by a building permit has not been completed within 36-months of the date of issuance of the original permit: the building official may abate such public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of the building, structure, or other. work, or construction of a fence or wall around the building, structure, or work so as to obscure it from view, or construction of other structures or blockades to prevent access to the building, structure, or other work by animals or humans. Section 3. Applicability This Ordinance shall apply to every building permit issued or reinstated on or after the effective date ofthis Ordinance. -. Section 4. Effective Date This Ordinance shall be effective on the 31S` day after final approval. Section 5. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declazes that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declazes its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 6. Publication. This. ordinance or a summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regulaz meeting of the City Council of the City of Saratoga held on the day of , 2003, and was adopted by the following vote following a second reading on the day of , 2003: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY SARATOGA CITY COUNCIL MEETING DATE: .May 21, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~ l~ PREPARED BY: Lorie Tinfow DEPT HEAD: (,~ SUBJECT: Saratoga Library Project Update: RECOMMENDED ACTION(S): Staff requests Council take the following actions: ^ Approve expenditure of up to $2500 to cover the puuchase and installation of track lighting along the Art Wall in the Saratoga Libraryby separate contractor. ^ Approve additional funds for Gilbane Building Co. services for'the period May 16 through May 31, 2003, at a cost of $6,400. ^ Provide direction on whether or not to install the acoustic panels on the Art Wall in the Saratoga Library at this time. ^ Announce the date of the Saratoga Library Grand Reopening Celebration and invite the public to attend. REPORT SUMMARY: Budget Summary Report. The budget summary has not been updated since my last report, My next report will include the May update. However, the budget information below reflects known construction change requests through May 13, 2003. Budget Status. The table below shows the status of funds: Total Project Costs (both committed and chan ere uests) _ $14,692,093. Total authorized bud et $14,750,000 Remainin Balance _ $57,907 Construction schedule. The substantial completion date has moved to May 21,.2003. Staff will provide up-to-date information at the meeting. Art Wall. Staff requests authority to expend up to $2500 to purchase and install track lighting along the art wall to highlight exhibited artwork. Further, staff requests direction on whether to The change request total represents all contractor requests made to date and is a "worst case" estimate. This number is simply shown for hacking purposes and appeazs on the attached Budget Summary as a subtotal under "Estimate of Changes to Contract " install the acoustical panels on the Art Wall now or to wait until alater date. Acoustical panels were planned as part of the finish work because of the many hard surfaces already in the central lobby and the level of activity typical around a circulation desk. Because of the special nature of the initial exhibit (which the Art Commission has decided to postpone), the wall was going to left without the panels, with the possibility of installing them once noise levels were known. Art. galleries and museums typically have a painted surface on which to hang the artwork. With the cancellation of the special exhibit, staff requests direction on how to proceed. Gilbane Building Co. Services. Council has approved funds to cover additional construction management services through May 15. On May 16, staff time will be cut in half at a cost of $6,400 for the period May 16 through 31. Staff expects no additional fund requests. Saratoga Library Grand Re-Opening Celebration. The celebration is scheduled for Saturday, June 21, 2003, from. l l am to 4 pm with the dedication ceremony held at 12 noon. The community is invited to attend. Activities will be staged in the parking lot so event parking will be off-site. More information will be available on the City's website. FISCAL IMPACTS: Approval of the track lighting and the additional construction management services will increase total library costs by $8,900. Costs of installing the acoustical panels are included in Thompson Pacific's contract. Should the installation be postponed until later, a credit will be issued now and any costs of later installation will be paid at that time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The track lighting will not be installed. Gilbane may discontinue services prematurely and hamper City staff's ability to complete the job. Without other direction, the acoustical panels will be installed now ALTERNATIVE ACTION(S): Authorize no or partial funding for Gilbane's additional services. FOLLOW UP ACTION(S): Staff will arrange for track lighting to be installed; process additional payment to Gilbane; and carryout Council's direction regarding the installation of the acoustical panels. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ^ None. SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist Ct3 AGENDA ITEM: CITY MANAGER: ((~°~G-~"-~~ DEPT HEAD: ~oWy\ SUBJECT: Approval of Design Plans for Playground and Park Improvements at Brookglen, EI Quito and Wildwood Parks RECOMMENDED ACTION(S): Approve design plans for Brookglen, El Quito and Wildwood Parks. REPORT SUMMARY: In direct response to Federally Mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July, 2002, at Brookglen and Wildwood Parks to replace existing play equipment that does not meet federal safety standards. The El Quito Park Task Force was formed over a year ago and has met on a regular basis, focusing on issues such as field usage/drainage/irrigation improvements, placement of a pedestrian/jogging path with par course around the perimeter of the park, play equipment replacement, and other small infrastructure improvements. At their regular meeting on becember 18, 2002, Council awarded design contracts for the park improvement projects as follows: the Beals Group for El Quito Park and Design Focus for Brookglen and Wildwood Park. The task forces for these park projects have been meeting with staff and the design consultants 1-2 times per month since January 2003, designing and completing play area layout changes and choosing play equipment options for each park. Public input meetings were recently held for each park to gauge public opinion and receive valuable feedback regarding the proposed play equipment options and play area layout changes. The input received from these public meetings was incorporated into the final park designs and approved at the May 5, 2003 Pazks and Recreation Commission Meeting. The drawings before you this evening represent the final designs for each park. The Parks and Recreation Commission, along with the task forces and the attending members of the community members involved, fully support these designs and are very please to present them to you this evening. ~ w a If approved, staff will go out to bid for construction of these projects in late summer. Due to summer camp activities and high usage by the general public during the summer months, staff is proposing to delay the actual demolition /replacement of the play equipment at these parks until the end of September 2003. Present this evening to respond to questions regarding the park projects is Derek McKee from the Beals Group and Rebecca Dye from Design Focus . Design Plans are auailable for review by City Council in the Public Works Department if you wish to view them prior to the City Council Meeting. FISCAL IMPACTS: Projects will go out to bid for construction with available funding in each projects budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Improvements to the parks will not be implemented and the City will not be in compliance with federally mandated Playground Equipment Safety Standards. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will go out to bid for the construction of each project. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Project Budgets WILDWOOD PARK BUDGET Budget: $125,000 EQUIPMENT: COST: S inner Bowls (2) $1,500.00 Double net climber with ro e, ladder and 15' bride $32,000.00 Swin s 2 bucket, 2 stra $3,500.00 Panel Play $3,500.00 Multi- ondo $3,100.00 2 seat ai lane $1,100.00 Woodie icku $2,900.00 Platform Whirl $3,100.00 S ider Climber $1,500.00 New su er slide $12,000.00 Balance beam $500.00 E ui ment installation est. (30%) $19,410.00 Benches $4,000.00 Wood Railin Modifications $8,000.00 Si a e $1,000.00 Fibar/gradin /bender board/drainage $12,000.00 Concrete handica ed access ram $1,000.00 DESIGN FEE Desi Focus) $11,930.00 TOTAL: $122 040.00 ADD ALTERNATE ITEMS: COST:- Boulders in lay area set with crane Qty 9) $5,500.00 Water table with fibar surfacin underneath $5,900.00 4 Benches 2 without backs installation included $1,000.00 TOTAL: $12 400.00 Note: Public Works staff will perform demolition work. BROOKGLEN PARK BUDGET Budget: $100,000 EQUIPMENT:. COST: S inner Bowls (2) $1,500.00 Net Tower and Access Net $20,010.00 Swin s 2 bucket, 2 stra $3,558.00 Dino Climber $6,100.00 Whims Riderpol hin $1,279.00 Whims Rider Seahorse $1,279.00 Woodie icku $2,900.00 3 Park Pets horse, cat, do $2,772.00 2 Ele hant Benches $1,800.00 1 Metal Backless Bench $1,000.00 Si a e $1,000.00 Drinkin Fountain $3,100.00 Bounce Buttons $2,495.00 Pathwa Modifications $5,500.00 Im ation and Turf Modifications $6,000.00 Fibar/ ading/benderboard/draina e $12,000.00 E ui ment installation est. 30% $14,233.00 DESIGN FEE Desi Focus $10,540.00 TOTAL: $97 066.00 ADD ALTERNATE ITEMS: COST: Painting of Maze and Basketball Lines $3,000.00 2 Picnic Tables and BBQ $2,000.00 Reset Li ht $2,000.00 TOTAL: $7 000.00 Note: Public Works staff will perform demolition work. < ~ ~ EI Quito Park City of Saratoga Project No. 020003 May 5, 2003 Conceptual Design Development Probab/e Statement of Construction Costs -Park Site Renovation Pathway, Site Furnishings, Par Course Equipment, Irrigation, and Drainage systems Budget for Park Site Renovation $250,000 1.0 Site Prep 2.0 Earthwork uanfit Unit Unit Costs Extension Mobilization, Management, and Bonding 1 L.S. $10,000.00 $10,000.00 Construction Fencing 1,000 L.F. $2.00 $2,000.00 Total Site Preparation & Traffic Control $12,000.00 Rough Grading 3,688 S. F. $1.00 $3,688.00 Total Earthwork $3,688.00 3.0 Par Course Equipment Decomposed Granite Redwood Header Par Course Equipment 939 S.F. $3.50 $3,286.50 87 L.F. $3.50 $304.50 Group A Apparatus and Sign 1 L.S. $3,025.00 $3,025.00 Group C Apparatus and Sign 1 L.S. $2,760.00 $2,760.00 sub-total $9,376.00 Tax, 8.25% $773.52 Freight $1,600.00 Installation, approx. 20% $1,875.20 Engineering, 2% $187.52 Contractor Mark-up, at 10% $937.60 Par Course Equipment: $14,749.84 4.0 Miscellaneous Items Redwood header 860 L.F.. $3.00 $2,580.00 Decomposed Granite 5,000 S.F. $2.50 $12,500.00 Infield fines 250 S.F. $3.00 $750.00 Total Miscellaneous Items $15,830.00 5.0 Pathway Surface 5,532 S. F. $4.00 $22,128.00 Rough Grading 5,532 S.F. $1.00 $5,532.00 Redwood Header Board 1,800 L.F. $3.50 $6,300.00 Total Pathway $27,660.00 5.0 Project Signage Project Signage 1 L.S. $1,500.00 $1,500.00 Tofa/Project Signage $1,500.00 6.0 Benches Benches 8 E.A. $850.00 $6,800.00 Concrete Pads and Footings 240 S.F. $6.50 $1,560.00 Total Benches $8,360.00 7.0 Trash Receptacles Trash Receptacles 4 E.A. $800.00 $3,200.00 Concrete Pads and Footings 60 S. F. $6.50 $390.00 Total Trash Receptacles $3,590.00 u tota Play-concepts-5-15-03 EI Quito Park City of Saratoga Project No. 020003 May 5, 2003 Conceptual Design Development Design Fee $12,700.00 Irrigation System (construction underway) Irrigation -Bid Costs 1 L.S. $55,000.00 $55,000.00 Total Irrigation System $55,000.00 Drainage System (construction underway) Sand Channel Green systems -Bid Costs 1 L.S. $69,000.00 $69,000.00 Total Drainage System. $69,000.00 Total $224.077.84 A-1 -Add Alternative One -Tree Care ** Prune and Protect Existing Trees 30 EA. $250.00 $7,500.00 Total Tree Care $7,500.00 Total Add Alternative One A-2 -Add Alternative Two -Demolish Existing Path ** 7 500.00 Demolish Existing Pathway 400 S.F. $1.25 $500.00 Total Pathway Demolition $500.00 Total Add Alternative Two 500.00 A-3 -Add Alternative Three -Demolish Existing Par Course ** Remove Existing Exercise Equipment 1 L.S. $2,000.00 $2,000.00 Total Sand Removal $2,000.00 Total Add Alternative Three 2 000.00 A-4 -Add Alternative Four -Remove Existing Decomposed Granite ** Existing Decomposed Granite Removal 3,300 S.F. $0.75 $2,475.00 Total Project Signage $2,475.00 Total Add Alternative Four 2 475.00 A-5 -Add Alternative Five -Planting ** Turf Replacement -Seeded Turf 10,000 S.F. $1.25 $12,500.00 30 Day Maintenance Period 1 L.S. $2,000.00 $2,000.00 Total Planting $14,500.00 Total Add Alternative Five 14 500.00 ** These items can be performed in-house if needed to meet budget. Play-concepts-5-15-03 EI Quito Park City of Saratoga Project No. 020003 May 5, 2003 ~ro~'a`~aje°~f~`~emen~ o~onstruction Costs Play Area Renovation Budget for Play Area $125,000 1.0 Site Preparation 2.0 Earthwork uantft Unit Unit Costs Extension Mobilization, Management, and Bonding 1 L.S. $10,000.00 $10,000.00 Construction Fencing 320 L.F. $2.50 $800.00 Tofal Site Preparation $10,800.00 Rough Grading in Play Area 4,500 S.F. $1.00 $4,500.00 Earthwall construction 20 L.F. $10.00 $200.00 Total Earthwork $4,700.00 3.0 Storm Drainage Storm piping Storm inlets in Play Area 4.0 Play Equipment Youth Play Equipment 240 L.F. $40.00 $9,600.00 3 EA. $800.00 $2,400.00 1 EA. $16,000.00 $16,000.00 sub-total $16,000.00 $1,320.00 $1,600.00 $3,200.00 $1,600.00 i & Certification $500.00 Miracle Custom Structure -Older 1 EA. $26,000.00 $26,000.00 sub-total $26,000.00 Tax, 8.25% $2,145.00 Freight, approx. 10% $2,600.00 Installation, approx. 20% $5,200.00 Contractor Mark-up, at 10% $2,600.00 Playground Safety Inspection & Certification $500.00 Tot Play Equipment: $39,045.00 Tot Play Equipment Miracle Custom Structure -Tot Tax, 8.25% Freight, approx. 10% Installation, approx. 20% Contractor Mark-up, at 10% Youth Play Equipment $24,220.00 Total Play Equipment $63,265.00 5.0 Miscellaneous Items Resilient Surface -Poured-in-Place Rubber 216 S. F. $21.00 $4,536.00 Total Miscellaneous Items $4,536.00 6.0 Project Signage 1 L.S. $13,000.00 $1,500.00 Subtotal $97,801.00 Design Fee Total $25,000.00 $122,801.00 Play-concepts-5-15-03 EI Quito Park City of Saratoga Project No. 020003 May 5, 2003 Conceptual Design Development A-1 -Add Alternative One -Swing Equipment 1.0 Demolition Demolish curb 44 L.F. $3.00 $132.00 Excavate new play area 800 S.F. $1.25 $1,000.00 Total Site Preparation & Traffic. Control $1,132.00 2.0 Earthwork Rough Grading in Play Area 800 S.F. $1.00 $800,00 Earthwall construction 90 L.F. $10.00 $900.00 ,700.00 3.0 Play Equipment Swing Set-belt 1 EA. $1,200.00 $1,200.00 Swing Set- bucket 1 EA. $1,200.00 $1,200.00 .Subtotal -Play equipment $2,400.00 Tax, 8.25% $99.00 Freight, approx. 10% $120.00 Installation, approx. 20% $240.00 Contractor Mark-up, at 10% $120.00 Playground Safety Inspection & Certification $500.00 Play Equipment $4,679.00 4.0 Miscellaneous Items Resilient Surface -Poured-in-Place Rubber 310 S.F. $21.00 $6,510.00 Total Landscape Maintenance $6,510.00 Total Add Alternative One A-2 -Add Alternative Two -Sand Play Area 1.0 Storm Drainage Storm piping Storm inlets in Play Area Drain @ Jug Filler Domestic Water Line 2.0 Concrete Total Storm Drainage 14 021.00 30 L.F. $40.00 $1,200.00 1 EA. $1,200.00 $1,200.00 1 EA. $800.00 $800.00 250 L.F. $2.25 $562.50 $3,762.50 Play Curb 45 L.F. $26.00 $1,170.00 Total Concrete $1,170.00 3.0 Miscellaneous Items Resilient Surface -Sand 8 C.Y. $60.00 $480.00 Resilient Surface -Wood Fibar 8 C.Y. -$60.00 ($480.00) Jug Filler /Hose Bib 1 E.A. $550.00 $550.00 Total Miscellaneous Items $550.00 Total Add Alternative Two 5 482.50 A-3 -Add Alternative Three -Tree Care ** Prune and Protect Existing Trees 12 EA. $250.00 $3,000.00 Total Tree Care $3,000.00 Play-concepts-5-15-03 EI Quito Park City of Saratoga Project No. 020003 May 5, 2003 Conceptual Design Development Total Add Alternative Three 3 000.00 A-4 -Add Alternative Four -Play Equipment Removal ** Demolish Existing Play Equipment 1 L.S. Total Play Equipment Demolition $5,000.00 Total Add Alternative Four 5 000.00 A-5 -Add Alternative Five -Sand Removal ** Removal of Ex. Sand (6") 180 CY. $15.00 $2,700.00 Total Sand Removal $2,700.00 Total Add Alternative Five ** These items can be performed in-house if needed to meet budget. PI ay-concepts-5-15-03 2 700.00 3 SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGER: ~-~~~----~ DEPT HEAD: SUBJECT: Redberry Annexation Discussion RECOMMENDED ACTION: Staff recommends the City Council discuss the annexation process. REPORT SUMMARY: Wanda Kownacki of Bainter Way, which backs up to Redberry Drive, requested the City Council place the issue of the potential annexation of properties on the Council Agenda. Staff has provided a map of the neighborhood and a LAFCo presentation for the Councils review. FISCAL IMPACTS: The discussion will. not generate any fiscal impacts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Atthe direction of Council Staff will proceed. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. LAFCO PRESENTATION 2of2 <~ t ~ A 2 a z z m D O z -o rn n O Z v C rn v 0 0 r n m z n z 0 0 z r '!f ~'1 n O y f ~ c~ rn ~ m D -cQ ~. m m v ~ ~ ~ o O m ~` ~ ~' ~ cu ~ ~ ~ m r N 1 0 v m O m v 0 m 0 m~ v m m ~. ~ ~~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ 0 0 m v~' 0 0 v D m ~' ~ _ ~ ~ ~ o ~ ' D . .. v ~ ~ . ~ ~ O ~ .~ 0 ~~ ' c n ~ ~ ~ rn ~ ~ - v o• c~' ~ o ' ~ ~ p ~ . m D m vi W 1 C7 .`< (~ ~ ~ ~ D ~ o ~ o cn ~ ~ v ~ ~ o ~ v ~ x -a ~ ~ ~ m o v cn ~ ~ - ~ ~ ~ ~ ~ m ~ c~ ' o v o ~ o n~ cn c~ m cn D n c 0 0 0 m 0 m v 0 r C7 O O 0 ~ r 0 0 ~ ~ ~ ~ ~ - ~. ~' ~~ v ~ ~ ~ ~ ~ ~ ~ v ~ c ~ v m . ~ m D -~ m v C Cn D .~ 1 D o ~ ~ o ~ - v ~ ~, ~ ~ c ~ o ~ .. m m 0 ~, m O `. v rn 0 r ~ n O 0 ~ ~ ~. CD O CD (n O~ ~ O C~ ~' ~ ~ O ~ O ~ O ~ ~ ~ ~ ~ ~ O n ~ r+ ~ = ~ O ' TI -* CD ~ ~ O ~ O ~ O ~ l~ t O ~ ~ ~. 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U O ~ ~ O ~. - .O N , Q ~ ~,: C ~ O ~ O ~ . ~ O C~ - ~ U Q O N ~ ~_' - y ~ L W ~ O .... 4- ~ ±n Q ~ ~ ~ ~ ~ U O:. ~-.~ N f~ O U 0 °o 0 Z V/ ^~^, ^W W V O O ~_+ N c c 0 0 0 a a. 0 -~ Q y w ~ _ . s.. ._ ~ ~ ~ .-. ~ _ N ~- O 0. j, tS ° C o o c ° a ~ z ~° ~ ._ +~ N p ca ~ L ~ ~ a a as r. SARATOGA CITY COUNCIL MEETING DATE: May 21,2003 AGENDA ITEM: ORIGIlVATING DEPT: Recreation CITY MANAGER: ~~ PREPARED BY: Joan Pisani DEPT HEAD: ~'~ SUBJECT: KSAR 15 Equipment Upgrades RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: At the meeting on April 2, 2002, after discussing the need for improved equipment, the City Council duetted KSAit representatives to evaluate the current broadcast system in the Council Chamber and come back with a recommended equipment upgrade list. KSAR 15 provides the City's public access television station and televises all City Council and Planning Commission meetings. In 1999, AT&T bumped KSAR from its long held; desirable location at Channel 6 to Channel 15. A legal battle ensued and in Mazch 2000, AT&T was forced to pay a settlement fee of $95,000. After legal expenses, a balance of $71,841.30 remained in the fund. Since that time the KSAR Boazd has made capital purchases and program improvements and the current balance in the account is $7,710.41. KSAR also has a capital equipment fund with a current balance of $88,688. In addition, KSAR recently received $25,000 from Comcast, pursuant to the franchise agreement, as a one-time payment for equipment purchases. Carolyn De Los Santos, Sazatoga Community Access Director, has worked with the KSAR staff to come up with a recommendation for new equipment to improve their service delivery. Attached please find the proposal from KSAR's vendor, VMI, totaling $45,013. This includes new equipment, tax, and installation. KSAR also needs to update several studio cameras as well. Carolyn will be at tonight's meeting to present the proposal. FISCAL IMPACTS: No fiscal impact at this time. • -... ~_ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NoY applicable. ALTERNATIVE ACTION(Sj: Not applicable. FOLLOW UP ACTION(S): If City Council recommends equipment purchases, staff will. forward the request to the KSAR Board for their consideration and action. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. KSAR Settlement Balance Statement 2. VMI Quote on KSAR Equipment Upgrades to Council Chamber ~~ C~ 2 of 3 i Administrative Services Department City of Saratoga May 13, 2003 Memorandum To: Joan Pisani, Recreation Services Director From: Jesse Baloca, Administrative Services Director Re: KSAR Settlement Balance Attached is a summary of the KSAR Settlement/Advertising balance of $7,710.41 as of today's date, which currently sits in the City's General Fund as a reserve to fund balance. Any June 30, 2003 remaining balance will be transferred to the separate operating/equipment trust fund as part of the City's year end closing process, which is also accounted for on the City's general ledges The current balance was reviewed and confirmed with Carolynn, KSAR Director last week. If you have any questions or need any additional information please contact me at ext. 212. Thank you. cc: Dave Anderson, City Manager Carolynn De Los Santos, KSAR Director • .a„ KSAR Settlement/Advertising Fund General Fund 001 Year 99100 95;000:00 Set-up AT&T reserve (23,158.70) Legal expense 71,841.30 Year 00101 (10,900.00) Dec 2000 Capital Purchase (11,195.89) Dec 2000 Capital Purchase (24,000.00) March 2001Transferto Trust Fund (5,500.00) March 2001 Capital Purchase Year 01102 (3,392.00) Oct 2001 Withdrawal Request (375.00) May 2002 Withdrawal Request Year 02103 (4;431.00) July 2002 Withdrawal Request (366.00) January 2003 Withdrawal Request (39.00) Apri12003 Withdrawal Request (3,932.00) April 2003 Withdrawal Request 7,710.41 • • umi Chris Tarrice VMI Inc. 211 E. Weddell Dr. Sunnyvale, CA 94089 Phone # (408) 745-1700 Fax # (408) 745-6721 Email: ctarrice c(s vmivideo.com KSAR Attn: Scott Lewis Email: scoff@fozztexx.com RE: Proposal for Saratoga Council Chamber Broadcast System Scott, • • Here is a revised price quote for the system we discussed. I have quoted installation now, after having gone to the facility to do a sight survey. It appeazs as though, all cable will be surface mounted: The new cabling should be smaller in diameter and less noticeable though. Scott indicated that the City should be able to open up the floor in the upstairs production azeas to give us access to the azeas we need for cab]e pulls. This price quote is based on that information. We would be removing the old cameras and mounts and would advertise that the new ones would go up lower on the wall. We would also suggest the camera location, stage left, be a little further back, so as not to have the shot blocked by the side stage azea. I have now included some of the rack mounting hardware and cabling required. I also double checked the lenses and found that Fujinon would have a S.Sx88mm appropriate for the AMX system. The price was lower too. With this lens objective you would have a 2.7'x 3.6' image area at 65'.Please feel free to give me acall with any questions. The pricing is as follows: 3) Sony DXC-390 3) Sony CMA-D2 2) Mid Atlantic Ul 3) Fujinon T16x5.5DA-D58 1) AMX AXP-PLV 1) AMX NI-2000 1) AMX PS-2.8 3) AMX AXB-PT15 3) AMX PS-6.5 1) AMX AC-RK 3) AMX WM-CAM 3) AMX CC-CAM 1) AMX 2) Sony PVM-14L2 1) Magni MM-410 Camera Paa/7ilt System 3 CCD Color Camera $2,210. $ 6,630. Power Supply ]77. 531. Rack Shelve for Power Supplies 26. 52. 16:1 Remote Control Lens (5.5-88mm) 1,825. 5,475. PosiTrak Pilot Pan/Tilt Controller and Touch Panel 4,174. Main Frame Controller 1,093 Power Supply for Controller 74. Remote Pan/Tilt Head 3,555. 10,665. Power Supplies far Pan/Tilt Heads 261. 783. Rack Mount for power supplies 49. Wall Mounts for Pan/'I'ilt Heads 201. 603. Adapter Cable 85. 255. Additional Custom programming for 880. Graphical layouts of Presets 14" Color monitor (no rackmount) 1,096. 2,192. WaveformNector rasterizer 2,828. ~ . I) Misc. Cables/Connectors/materials 1040. I) Installation Installation of camera mounts and pan/tilt units 4,610. . Removal of old cameras and mounts and cable. All new cable pulls and terminations including rackcabling Rack mounting of equipment and final test and training Total $41,934 Tax 8.25% 3,079. Grand Total $ 45,013. All VMI systems come with a comprehensive one-yeaz warranty. Service can generally be performed within a 24 hour time period. Phone support is always available same day. FOB: Dest. Terms: Net 30 Availability: 2-4 weeks ARO Sincerely Chris Tan•ice Manager Systems Installation r L • SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: tr/ PREPARED BY: Joan Pisani DEPT HEAD: __C~, "'"~'' f-~-9-a~^--~ SUBJECT: Future Use of Mc Williams House RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: In January of this yeaz the Chamber of Commerce moved out of the city-owned McWilliams House, located in Historical Park, after using it for 25 years. This mid-.1800 historical building is currently empty and its future use is undetermined. The City Council has requested that the future of the McWilliams House be agendized for discussion at tonight's meeting. After the Chamber of Commerce relocated their office, city staff completed a few of the repair projects... Staff removed and replaced the dilapidated fence. in front of the building, took down the gazebo in the back, installed a drainage system around the property, and removed the termite infested storage-shed attached to the house. Once the shed was removed it was discovered that there is no siding. on the house where the shed was located. Currently this area is taped off with heavy duty plastic. In February, a list of McWilliams. House needed improvements was presented to the City Council. The list included new front and back stairs and porches, replacement of the siding on the back of the house and painting the building exterior. After discussion, the City Council decided not to move forwazd with these minor upgrades. During the Capital Improvement Projects budget process the City Council designated $25,000 to hire an azchitect that specializes in preservation and restoration of historical buildings. Once the CIP budget is approved, an azchitect will be hired to complete a study on exactly what needs to be done and how it should be done. Listed below are options for the future use of the McWilliams House; Lease Building to Historical Foundation The Historical Foundation is very interested in using the McWilliams House to expand museum programs. The current museum is very small and .many interesting artifacts aze currently in r ,: storage, due to lack of display space. Members of the Foundation are very active volunteers and have a strong interest in preserving Saratoga's history. If the McWilliams House is used for museumpurposes, grant monies are available to improve the building. One opportunity is available through the County of Santa Clara 1'azks and Recreation Department and Historical Commission. In the. fall, $500,000 will be available for projects through Pazk Charter funds. To be eligible forthese funds the project must be located in a park, must be open to all county residents and cannot be used for administrative purposes, including office space.. The County generally does not fixlly fund projects, but does look favorably on projects that have a plan in place and are ready to move forward with completing the project. Lease Building to Smal[ Business In December 2002, staff determined the average market rental rate for the McWilliams House. Several small business locations were surveyed and it was determined that the average market rate in Saratoga is $2,64 per squaze foot. The McWilliams House use as a commercial building is constrained because it is located in a Historical Pazk, .which shazes limited parking with the Historical Museum. The City discounted the average market rate by $1 per square foot because of the property limitations. The McWilliams House is 480 square .feet. in size; therefore the monthly rental potential was estimated to be approximately $790. The McWilliams House existing condition will make it difficult. to find a tenant. The City would have to complete all building improvements, accessibility requirement and tenant improvements prior to commercial occupancy. Use the Building for City Purposes The City could retain the McWilliams House and use it as office space or as a location for small meetings. Some Commissions could meet there or use it as a work area. The Arts Commission. might be interested in it as a gallery, or the Heritage Commission might have some other ideas for the usage. If the City utilizes the McWilliams House, all of the building improvements will need to be completed before usage. bo Nothing Right Now Economically, it is not a good yeaz for the City Council to appropriate money for new projects. If desired, we can keep the McWilliams House as it is and revisit this issue at another time, when the City is able to finance the neededrepairs. Tn the meantime, staff could find a community service group to paint the exterior of the House, so it does not become an eyesore at Historical Park, Also, the termite work should be completed as to not cause further damage and preserve the building. 2 of 4 v FISCAL IMPACTS: None at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not applicable. ALTERNATIVE ACTION(S): Not applicable. FOLLOW UP ACTION(S): As directed by the City Councii. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. The Story of the McWilliams House. 3 of 4 ,_~ S~~'~~ Iliar~s a-IoUgQ games Mc Williams was born in Scotland in 1836 and grew up in Illinois. In 1864 James and his wife, Martha Hollen, settled in Mc Carthysville (later Saratoga) where he bought the blacksmith shop and related businesses from Henry Jarboe, a leading citizen and the first blacksmith in the village. The cottage was located close by and to the south of the present Pacific Valley Bank. Five daughters were born to Mr. and Mrs. Mc Williams. As the family grew a larger home was needed and in 1880 the family moved to Rose Hi11, a vine covered house on a knoll to the south of the smithy. • Mc Williams continued to operate the blacksmith shop until his death from a heart attack on August 27, 1900. Following his death the property was sold and later divided--but the little cottage remained undisturbed for well over a century in its original location. When in 1973 the house faced demolition the Saratoga Historical Foundation sponsored a committee, representing a .wide spectrum of the community, to save the house. The owner offered to donate the house to the Historical Foundation if it could be moved. The city made available a site on the city-owned property on Saratoga-Los Gatos Road and Oak Street. The committee went in to action. A drive for funds brought in contributions from a large number of individual donors. Money raised in this appeal .supplemented generous contributions from service groups and business owners, along with a grant from the city, made possible the relocation of this historic house. These funds also provided financial help in restoration, although many hours of hard work by volunteers completed the job. The Mc Williams house was dedicated as an historical landmark on July 4, 1975. SA~a~o9a }~isto~cal ~ou-~da#ior~ pD, ~o~ X72, Sa ~ato9a~ ~a. quo 7t ~~