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HomeMy WebLinkAbout09-04-1991 City Council Agenda packetSARATOGA CITY COUNCIL 2 EXECUTIVE SUMMARY NO. 'r AGENDA ITEM MEETING DATE: September 4, 1991 CITY MGR. APPROVAL ORIGINATING DEPT: City Manager Impacts: None Motion and Vote: bl� Recommended Motion: Authorize Mayor to sign Agreements. Attachments: 1. Memo from City Attorney 2. Correspondence from Mid Peninsula Housing and Citibank 3. Subordination agreements with Citibank SUBJECT: Subordination Agreements for CDBG Loan to Mid Peninsula Housing Coalition, Buildings #751 and #975 Report Summary: Saratoga loaned $100,000 of CDBG funds to Mid Peninsula Housing Coalition for the rehabilitation of two fourplex units in the City of Campbell in 1989. Now Mid Peninsula is refinancing their current first mortgage on the properties and the new lender, Citibank, requires subordination agreements for buildings #751 and #975 from the City of Saratoga. The subordination agreements do not change the City's status with respect to repayment of the loan. The rehab loan is currently subordinate to the first mortgage on the properties. The agreements have been reviewed by the City Attorney. (Memo attached.) Citibank has agreed to deletion of language in the agreement which is not in accordance with HUD regulations. MIC AE_H NAVE 5TEVEr4 R rAEYERS E.vET EL'LAEETH H S,L'V( MICHAEL S RrB.A_K ".ILLLY T TAM: \1IChAEL F R;;•(ir�! VEC K A'hLEEN Fa ..i 3i(j1: PREGERICK S. ET-I_FIIIDGE :•'E. A. ?iiFiFRic IJAVlD lV. SKINNER OF COoNSEL ANDREA S4LTZMAN L' 'IC =MIL ('IF.b'C C I HL MEYERS, NAVE. RIBACR WEST A PQOFESS LAW CORD ^Fa'',ON A' Fv!AY PLAZA 77 DAV'S STRFE`, SUITE 300 SAN, LEANDRO CALIFORNIA 94577 (4151 351 -4304 FAX,: (415) 351 -448i MEMORANDUM TO: Carolyn King Assistant to City Manager QUESTION: FROM: Michael S. Riback, City Attorney RE: Mid Peninsula Housing Coalition Subordination Agreement CONCLIBIONi !LL NO: 415. 351 -4481 #C59 F'02 PENINSULA QFFICE 1 8;:i,iCWARI) AVc. SUITE 250 9inLiP4 ,AlIF, A 94510.4; I 1415( 348./134 FAr.l4lh1 3.12•CE88 MARIN OFFICE z.: ':.;RAN AJ: St: E NovATC, (7A 94945 R E P LY Y O San Leandro DATE: August 27, 1991 You have asked for my opinion regarding what effect if any the City's execution of a subordination agreement relating to property at 751 and 975 Sharmon Palms Lane would have upon the City's outstanding balance of $100,000 ($50,000 loaned to each property) loaned to Mid Peninsula Housing Coalition for rehabilitation of the subject properties. The execution of the subordination agreements relating to the subject properties, allowing Mid Peninsula Coalition to refinance its outstanding loan on the subject properties, will place the City's deed of trust in a junior or second position behind the deed of trust for the refinanced loan amount. However, this will not have a detrimental effect upon the City's deed of trust since it is already in a secondary position and the new loan is a refinancing of existing debt. BACKGROUND AND ANALYSIS: In 1989 the City of Saratoga loaned $100,000 of its Community Development Block Grant funds to Mid Peninsula Housing Coalition "MPHC for the purpose of rehabilitating properties at 751 and 975 Sharmon Palms Lane, for their subsequent use as affordable housing rental units. At that time, MPHC executed its deed of trust covering the two properties and securing notes in TO: Carolyn King, Assistant to City Manager FROM: Michael S. Riback, City Attorney RE: Mid Peninsula Housing Coalition Subordination Agreement DATE: August 27, 1991 PAGE: 2 the principal sums of $50,000 for each property. These deeds of trust are currently in a junior position to the deed of trust for the loan taken out by MPHC to acquire the property. MPHC now wishes to refinance the current first mortgage in order to take advantage of a loan available from Citibank through the Federal Home Loan Bank Affordable Housing Program at an extremely favorable interest rate. The City has been requested to execute a subordination agreement which is necessary for MPHC to obtain its new loan. I have spoken with representatives of Citibank who indicate that the loan to MPHC is simply for the purpose of refinancing the existing debt. MPHC is not seeking a loan in an amount in excess of its existing debt. The purpose for obtaining the new loan is to take advantage of the reduced interest rate which will also reduce MPHC's payments on the loan and, according to Citibank, help make the project more financially viable for MPHC. The subordination agreement itself does place the City in a junior position with respect to the principal loan from Citibank; however, that does not alter the City's current position. I did discuss with a Citibank representative the language in the subordination agreement which appears to allow the borrower to use the borrowed funds for any purpose whatsoever, whether or not related to the subject property. Citibank has agreed to the deletion of this language (contained in the "Notice" set forth at the end of the subordination agreement, just above the signatUre lines). The language may be deleted by line out with the initials of the signators. If you have any questions, please give me a call. MSR:dsp mnrw 273 \memo \mid- pen.msr 7 Michael S. Riback City Attorney August 19, 1991 Ms. Carolyn King City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Reference: Dear Ms. King, Sincerely, ---CiM Cd /4/1/1/14)4-------- Daniel Krimmer Construction Manager MID PENINSULA HOUSING COALITION 430 Sherman Avenue Suite 203 Palo Alto, California 94306 Telephone (415) 688 -8300 \O-DS \PVS b AIG20 VP\ CVO O G ERA L4 9 pVT� C� ��1 �„�NA Sharmon Palms Refinance I have enclosed`subordination agreements from CITIBANK for buildings 751 and 975. We are refinancing the current first mortgage with Wells Fargo Bank with a 7.6% loan which is available from CITIBANK through the Federal Home Loan Bank Affordable Housing Program. Please call me at (415) 688 -8300 if you have any questions. Otherwise, please have the enclosed documents signed and returned to our office. We will then sign the subordination agreements and send them to First American Title Company in San Jose. Real: Estate Investor Services Dear Dan: Citibank, F.S.B. 415/627 -6200 One Sansome Street Fax San Francisco, CA 415/362 -8823 94104 Mr. Dan Krimmer Mid Peninsula Housing Coalition 430 Sherman Avenue, Suite 203 Palo Alto, CA 94306 cc: M. Freedland August 13, 1991 Mid Peninsula Sharmon Palms As we discussed early this week, I am enclosing Subordination Agreements to cover the loans from the City of Campbell Redevelopment Agency, the City of Saratoga and the County of Santa Clara, respectively. I also have revised the Subordination Agreements I sent to you earlier since the borrowing entity's corporate designation was incomplete. Rather than MID PENINSULA SHARMON PALMS CORPORATION, a California nonprofit public corporation, it now reads "a California nonprofit public benefit corporation" which matches the vesting on the preliminary title reports. Also, the Subordination Agreements are grouped by property address and escrow number (as shown on the face of each document) to enable the title company to appropriately record the documents at closing. Please note that the City of Campbell Redevelopment Agency Subordination Agreements also include a subordination of the agreement incorporating each parcel under the Regulatory Agreement. This was also done for the state loans, so there shouldn't be any problem with the City of Campbell. If you should have any questions, please call me at (415) 627 -6015. Ver y? truly yours, John M. Becket Loan Administrator CITIBAN(O® Reams Estate Investor Services Citibank, F.S.B. 415/627 -6200 One Sansome Street Fax San Francisco, CA 415/362 8823 94104 August 1, 1991 Fran Wagstaff Executive Director Mid Peninsula Housing Coalition 430 Sherman Avenue, Suite 203 Palo Alto, CA 94306 Dear Ms. Wagstaff: This will confirm that Citibank is prepared to make funds available to the Mid- Peninsula Sharmon Palms Corporation substantially according to the terms and conditions outlined below: Borrower: Mid Peninsula Sharmon Palms Corporation Lender: Citibank Federal Savings Bank Amount: $1,424,000 Purpose: Term financing for seven fourplex apartment buildings located at 739,751, 775, 949, 964, 975 and 989 Sharmon Palms, Campbell, California. Interest Rate: First 10 years The interest rate for the first ten years shall be 7.60 This interest rate is made possible by a Federal Home Loan Bank Affordable Housing Program .Subsidy in the amount of $251,092 Years 11 -20 Commencing on the tenth anniversary of the first day of the month immediately following closing (the "Initial Readjustment Date the rate will equal 2.25% over the weekly average yield on the U.S. Treasury Securities adjusted to a constant maturity of 10 years, as published in the statistical release H.15 most recently available on such Initial Readjustment Date. If the Federal Reserve has then stopped weekly publication of statistical release H.15 or the 10 -year Treasury Constant Maturity Series, the rate will equal 2.25% over the then current yield (regardless of original coupon rate) on any U.S. Treasury Security chosen by Citibank FSB for which yield quotes are publicly available, such security to have a remaining term of maturity regardless of its original issuance date) of ten years or as close to ten years as is available from the source from which Citibank FSB is obtaining such quote. CITIBAN(O® f RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITIBANK, Federal Savings Bank Real Estate Investor Services One Sansome Street, Suite 2200 San Francisco, CA 94104 Attn: John Becket Loan No. 9530691 Property: 975 Sharmon Palms Lane Escrow No.: 505357 REIS 060 (Rev. 3/91) SUBORDINATION AGREEMENT MIICE: TBIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENTS. THIS AGREEMENT is made this 5th day of August, 1991, by MID- PENINSULA SHARMON PALMS CORPORATION, a California nonprofit public benefit corporation, owner of the land hereinafter described and hereinafter referred to as 'Owner)' and THE CITY OF SARATOGA, a municipal corporation, present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary." WITNESSETH THAT WHEREAS, Owner did execute a deed of trust to TITLE INSURANCE AND TRUST COMPANY, a California corporation, as trustee, covering the property described on Exhibit A attached hereto and incorporated herein by this reference (which property, together with all improvements now or in the future located on the property, is referred to as the "Property") to secure a note in the principal sum of $50,000.00, in favor of Beneficiary, which deed of trust was recorded on November 13, 1989, as Instrument No. 10324179, in the Official Records of the County of Santa Clara, State of California; and WHEREAS, Owner has executed or is about to execute a deed of trust, and note in the sum of $1,424,000.00, dated August 5, 1991 in favor of CITIBANK, Federal Savings Bank, hereinafter referred to as "Lender,' payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan from Lender that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner, and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: -1- Its: (1) That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would effect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: (a) He consents to and approves (i) all provisions of the Note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the Note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. OP THE WLD ""BENEFICIARY": THE CITY OF SARATOGA, a municipal corporation By: REIS 060 (Rev. 3/91) "OWNER"": MID PENINSULA SHARMON PALMS CORPORATION, a California nonprofit public benefit corporation By: Fran Wagstaff, Exec. Director (ALL SIGNATURES MUST BE ACKNOWLEDGED) -2- EXHIBIT A (Description of Property) Exhibit A to Subordination Agreement executed by MID PENINSULA SHARRON PALMS CORPORATION, a California nonprofit public benefit corporation, as "Owner" and THE CITY OF SARATOGA, a mIrrvicirual corporation, as "Beneficiary,' dated as of August 5, 1991. LEGAL DESCRIPTION: REAL property situated In the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Lot 37 as shown upon that certain Map entitled, "Tract No. 2697", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 6, 1960 in Book 118 of Maps, page 48. Excepting therefrom the underground water, with no rights of surface entry, as conveyed to the San Jose Water Works, a California corporation, by Deed recorded May 25, 1960 in Book 4805, page 388 of Official Records. PARCEL TWO: A non exclusive easement for ingress and egress over the Westerly 10 feet of Lots 27 through 36, inclusive of Tract No. 2697. APN: 404 -32 -011 ARB: 405 -43 -37 June 4, 1991 (F 505357 505357.A) REIS 060 (Rev. 3/91) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 207/ AGENDA ITEM: MEETING DATE: September 4, 1991 CITY MANAGER: ORIGINATING DEPARTMENT: MAINTENANCE DEPARTMENT SUBJECT: BEAUCHAMPS PARK DESIGN AND SPECIFICATIONS Recommended Action: 1) Approve preliminary design as prepared by the firm of Wallace, Roberts Todd and request that consultant proceed with the working plans and specifications. 2) Approve an additional $118,000 in addition to the $142,000 already allocated for completion of the Park. Summary: The attached minutes from the Parks Recreation Commission Meeting reflect the Commission's decision to recommend that the draft Plan, showing one tennis court, a paved half court, walkways, playground equipment, turf, and a landscaped screen and street border be approved and that the budget for Beauchamps Park be increased so that complete improvements can be made at this time. The current budget for Beauchamps is $120,000 for improvements plus $20,000 for design. The Preliminary Cost Estimate (attached) for the recommended Plan is $235,200. The budget should be increased to $260,000 to cover the cost of the complete project, including design. Fiscal Impact: An additional $118,000 is needed to complete the Beauchamps Park project. Attachments: 1) Report to Council. Motion and Vote: c G° A 3f� To CITY COUNCIL Date August 15, 1991 From SECRETARY TO THE PARKS AND RECREATION COMMISSION Subject BEAUCHAMPS PARK The Parks and Recreation Commission has, over the past several months, been working with the Landscape Architectural firm of Wallace, Roberts, and Todd on the City -wide Parks Master Plan. A major element of that Plan was the consideration of improvements for Beauchamps Park. During the Master Plan process the Commission and Consultant had two workshop meetings with the residents of the Beauchamps subdivision. These meetings were noticed with individual mailings and were attended by as many as 30 residents. Additionally, a Public Hearing, noticed in the paper, was conducted by the Commission. As the master planning process was concluding, the City again contracted with W R T; this time, for preparation of the working plans necessary for the construction of the Park. In developing the improvement design the consultant and staff met with the residents twice. The latter meeting was at a formally noticed Public Hearing before the Commission. Although there have been several items for which obtaining complete agreement as to what should be included was impossible, we believe the plan, as it now stands, represents the consensus of the neighbors and the Commission. The plan however represents a Capital expenditure of approximately twice the amount that is included in the current budget. SUMMARY AND RECOMMENDATIONS The attached minutes from the Park and Recreation Meeting reflect the Commission's decision to recommend that the draft Plan, showing one tennis court, a paved half court, walkways, play ground equipment, turf, and a landscaped screen and street border be approved and that the budget for Beauchamps Park be increased so that complete improvements can be made at this time. The current budget for Beauchamps is $120,000 for improvements plus $22,000 for design. The Preliminary Cost Estimate (attached) for the recommended Plan is $235,200. The budget should be increased to $260,000 to cover the cost of the complete project, including design. BACKGROUND The land for Beauchamps Park, about 2.2 Acres, was dedicated to the City by Dividend Development as a condition of map approval. While the Commission's intent was not to make immediate improvements, once the lots were sold and occupied, the residents made strong requests to have the park completed as soon as possible. The City Council was responsive to the neighbors and included $142,000 in the Capital Improvement Budget. This budget estimate was based on an assumed cost of approximately $50,000 per acre to develop. The estimated cost per acre was based on a large turf area with little or no hard surface or shrubbery. During all of the meetings with the residents of the surrounding subdivision, their strong desire for tennis courts was made clear. It was felt that the turf area should be reduced because of its high watering requirements. The consultant recommended a wide screen planting along the bordering neighbors and a wide strip of ground cover along the street frontages. They also felt that a half court of asphaltic concrete and a pathway through the park were essential features. Staff felt the park should have security lighting, a drinking fountain, and a bicycle rack. The Commission wanted a climbing play structure and an area which would enhance children's creativity and sharing. The area is to be shaded and have the availability of water to mix with sand. During the various meetings, discussion as to cost and compromise lead to the following key priority decisions as to the final design. 1. Provide turf area to get rid of the present "ugly" field. 2. Provide one (1) tennis court. 3. Complete other improvements (least important is the half court). 4. Provide second tennis court. IMPROVEMENT ALTERNATIVES The draft plans (attached) for the complete park call for the following: about 40,000 sq. ft. of turf, a wide screen planting of trees along the westerly boundary, a wide strip of groundcover along the perimeter streets, an "asphalt" paved walkway running along the entire width, a "decomposed granite" picnic area with three (3) picnic tables, a "concrete" curbed sand play area with play equipment, an asphalt 1/2 court area, a fenced tennis court, four (4) benches, a bicycle rack, a water fountain, and security lights along the pathway. IMPROVEMENT ALTERNATIVE I No Budget Increase The funds currently allocated ($142,000) will provide for the one tennis court, the turf area and the asphalt pathway through the park. The other areas of the park could be turfed temporarily. Phasing of the rest of the improvements could be done as money becomes available. While staying within the current budget, phasing will increase the long term cost of the completed park. Having a 70,000+ sq. ft. turf area will increase water usage. IMPROVEMENT ALTERNATIVE II Increase Budget The estimated cost to build the complete park, as proposed, is $260,000 including design services.(See attached "Preliminary Cost Estimate By eliminating various elements such as the 1/2 court, tennis court, etc., varying costs can be developed. The cost of adding an additional tennis court is estimated to be about $20,000. FUNDING ALTERNATIVE The current appropriation for this park is coming from the Park Development Fund and the Roberti'Zberg Fund. The estimated combined balance of these funds after the $142,000 appropriation for Beauchamps Park is $344,111 growing to $389,236 at the end of F.Y. 1993. With the recent increase in the Park Development Fees, we now anticipate the fund will exceed $420,000 at that time. FUNDING ALTERNATIVE I City to Fund There are several sources of funds the City could use for the additional $118,000 needed to complete the park at this time. All might require the delay or down scaling of future projects. 1. General Fund Many future projects as well as much is general City operations are proposed to be funded by this fund. 2. Park Development Fund The Parks Master Plan indicates that Azule Park is scheduled for F.Y. 1994 at a total cost of $365,700. Even with the increased fees, this Fund will be unable to support the completion of both parks. 3. Roberti'Zberg Fund This State funding program has provided approximately $15,000 per year to the City for many years. However, since it is funded by the State on an Annual basis, there can be no reliance on it in the future. 4. State Park Bonds Money for Park Acquisition and Improvement is provided by State bond election on a fairly regular basis. Although the bond measure failed at the last election Parks Bonds have an excellent record for passing and therefore some reliance of future measures providing some funding to the City is anticipated. FUNDING ALTERNATIVE II Neighborhood to Fund 1. Assessment District Several methods of assessing the residents of the Beauchamps Subdivision are provided by statute. An annual assessment of $30 on the 40+ lots for 15 years would raise the necessary $118,000. RECOMMENDATIONS The Parks and Recreation Commission, after hearing testimony from the neighborhood, the consultant, and staff, determined that, with minor modifications, the design presented at the meeting of July 1,1991 met its and the neighbors desires. Although not providing everything for everybody the plan had a very strong consensus support. A portion of that support was tied to the timing and the quick completion of the full improvements. Although the Commission did not recommendation the method of funding the additional $118,000, it is staff's recommendation that it comes from the Park Development Fee (as increased) and that any shortage in future park development funding be met through the use of future State Park Bonds. This may cause a minor delay in the completion of some future project. Native Trees: Oaks, Alder Bay Native Grasses and Wildflowers Drinking Fountain Bike Rack Bench 10' Path Light Flowering Accent Trees. Open.Turf Play:Area Tennis .Court Playground. Picnic Area Trash Receptacle BeauCharnes Lane 0 WRT 911887 NO lalE22.TL99C: 9 10 29 30 19 Nbilace Roberts lbdd tall Soak 711111mr /*Fazio:0.0411N H51100131 •L••■•••■■•■■■•• Illem BEAUCHAMPS PARK Saratoga, California _PRELIMINARY PLAN WRT BEAUCHAMPS PARK PRELIMINARY COST ESTIMATE Plans Dated July 22, 1991 Item Area /Unit Unit Cost Total Rough Grading 10,000 Site Drainage 7,500 Site Electrical 2,500 A.C. Paving 4,200 sf 2.00 8,400 D.G. Paving 1,150 sf 1.50 1,725 Sand 3,350 sf .75 2,500 Concrete Curb 200 If 15.00 3,000 Curb Cuts 2 ea 750.00 1,500 Wood Header 2,100 If 2.75 5,775 1/2 Court 9,000 Tennis Court 35,000 Play Equipment 25,000 6' Bench 4 ea 600.00 2,400 Picnic Table 3 ea 1,500.00 4,500 Bicycle Rack 1,200 Trash Receptacle 3 ea 250.00 750 Water Fountain 3,000 Security Lights 3 ea 1,600.00 4,800 Trees 26 ea 250.00 6,500 Native Grasses 19,000 sf .85 16,150 Groundcover 28,700 sf .85 24,395 Seeded Lawn 40,280 sf .85 34,238 60 Day Maintenance 4,000 Subtotal 213,833 10% Contingency 21,367 TOTAL $235,200 4 C_MM I 0 13777 FIZUITVrA_E AVENUE,' SARATOGA, CALIFORNIA (408) 867-34 UTES COUNCIL MEMBERS: SARATOGA PARKS AND RECREATION COMMISSION TIME: MONDAY, July 22, 1991 7:30 P.M. PLACE: SARATOGA COMMUNITY CENTER 19655 Allendale Avenue, Saratoga, California TYPE: Regular Meeting Chairman Ward called the meeting to order at 71:30pm. ':,;ui°rt na reCyCfW paper Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman I. ORGANIZATION A. ROLL CALL Present: Crotty, Franklin, Gilman, Miller, Pierce Swan, Ward Staff: Trinidad B. MINUTES Approval of Minutes 7/1/91. Minutes were approved with following changes: P. 2 Commissioner Pierce's comment that the creeks belong to everyone should be changed .to !'the creeks should belong to everyone." P. 3 V. Change Kevin Moran Park to Gardiner Park. C. POSTING OF THE AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 1991. II• OLD BUSINESS This meeting was dedicated to the presentation and approval.of the final draft proposal of the Beauchamps Park plans. The presentation was made by the firm of Wallace, Roberts Todd by their representatives Steve Wheeler and Kathryn Ramsden. There were ten residents in attendance. Secretary Trinidad gave a brief background on previous meetings. for the benefit of the residents. He stated that while it appeared that the neighborhood would like to have two tennis courts and paved off- street parking, it is staff's recommendation that only a single tennis court be built with no off street parking, because of the cost, limited space, and because the Master Plan states, that one of the distinctive features of a neighborhood park versus a community_ park is one that has no off street parking. Parks Recreation Meeting of July 22, 1991 Page 2 It was further pointed out that the current capital improvement fund provides $120,000 for Beauchamps Park improvements, while the plan being proposed tonight, which includes one tennis court,' is estimated to cost $235,000. Steve Wheeler then made a complete presenta.ti ?n of all the various features being proposed. Of major interest is a heavily planted buffer area separating the park from the a small group picnic area, an area with properties limpbin i g play y s ctur for young children, a paved half -court which can be used for es skating, remote control cars, ball bouncing, etc., a tennis court, a large turf area and a sloped area planted with ground cover which runs along the exterior perimeter. The park will also have a bicycle rack, benches, water fountain and three 10' high security lights. Commissioner Franklin questioned whether the low ground cover would encourage bike riding on the sloped bank and onto the street. Steve Wheeler stated that their concern was that taller plantings along the slope could interefere with the site distance along Beauchamps and would not necessarily stop any traversing. It was felt that bike riding would not be a problem, but if it was, it could be remedied upon identification. Commissioner Crotty expressed her pleasure on the type at El Quito Park and is hoping that this t o will be considered for Beauchamps. She also stated that a solid, well- draining surface should be provided under the drinking fountain. Residents, who were not identified individually, felt as follows: They were generally very pleased with the desi n of the and wished to be assured it was a small 9 park for multiple family use as opposed Picnic area planned sed site distance along Beauchamps to large group use, that the Beauchamps, and vehicular speed should be addressed s along Secretary Trinidad responded that the Plan would be taken before the City Engineer to evaluate all traffic concerns. Parks Recreation Commission Meeting of 7/22/91 Page .3 It was the consensus of the residents in attendance that an additional tennis court should be a higher priority than the paved half- court. It was stated that while the lots in Beauchamps are large enough to provide their own paved basketball area, they are not large enough for tennis courts. Secretary Trinidad pointed -out. that tennis courts have a rather narrow users group and that the paved half -court would provide a recreapion area for young children, teenagers and adults alike. The neighborhood's priorities were decided to be as follows: Landscaping and coverage of the unsightly, unimproved land, play equipment, picnic area, one tennis court, second tennis court, and then paved half- court. After general discussion between the Commissioners and the audience, it was determined that since the estimate for the proposed design far exceeds the current capital improvement' amount budgeted, that the proposed plan represents the best opportunity for acceptance by the Parks Recreation Commission, the residents and the City Council. At this point, the public hearing was closed and the Commissioners offered their input. M. Swan generally supported the proposed design; however, felt that the children's play. yard is lacking in that the children need the opportunity to play together and that the'play equipment should help in filling that need and also develop their creativity. She does not like the "pipeline" play'structures and further is concerned with the overall cost of Beauchamps.. D. Miller stated the need for a sandbox. Also does not like the "pipeline" equipment. She feels that if additional funding is not possible, the tennis courts should be deferred until later. M. Pierce likes the Plan.. Does not want to see anything deferred and feels the Commission and neighbors should push to get it now. F. Franklin likes the current Plan and feels we should do it now. Is sorry there is so much neighborhood contention about the additional tennis court. J. Crotty likes the current. Plan and feels it should be completed now, but feels we should prioritize as discussed during public hearing. She likes the "pipeline" equipment but is willing to accept other equipment, also. mt Parks Recreation Commission Meeting of 7/22/91 Page .44 A. Gilman would like to see the whole parkcompleted now. Likes the equipment installed at Brookglen Park but is willing to accept other equipment, also. Chairman Ward agreed with and supported the comments made by other Commissioners and further stated that he, too, supports completing the whole park as designed now. It was moved that the Plan be approved with the single tennis court. 6/1. Opposing vote was cast by M. Swan who felt more input was needed for children's play equipment. It was then decided that prior to final determination of play equipment, staff and the consultant should consider utilizing equipment which would better meet the creativity criteria discussed by Commissioners Swan and Miller. VI. Adjournment 9:15. 1 SUBJECT: Written Communication from Dr. Edward Levin, 13481 Pierce Rd., requesting completion of Improvements associated with SD 88 -006 (Saviano) Recommended Action: SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. T- 4 AGENDA ITEM MEETING DATE: September 4, 1991 CITY MGR. APPROVAL ORIGINATING DEPT: Engineering Direct staff to complete the improvements associated with SD 88 -006 and to reply to Dr. Levin. Report Summary: The attached letter from Dr. Levin requests that the City complete the installation of the wood retaining wall which was originally required of the developer of SD 88 -006. As you may recall, the property owner along Pierce Rd. to the north of Dr. Levin, Mr. Kenneth Schoniger, objected to the installation of the wall and persuaded the Council to delete the requirement for its installation. Because construction of the wall had already begun before the Council made its decision, the portion of the Pierce Rd. embankment along Dr. Levin's property was already cut into and remains exposed and unprotected. Except for certain remedial measures such as placing erosion control matting on the exposed portions of the embankment and planting a ground covering, there is little that can be done to protect the embankment and correct the problems particularly where the cut into the embankment is vertical. It has been staff's opinion all along and still is staff's opinion that the wood retaining wall should be installed. The original intent of the wall was to protect the road against the very problem which is now occurring and also, to allow for an incremental widening of the edge of the road along one of its narrowest locations. If the Council agrees, the cost to install the wall at this time would be approximately $6500. Fiscal Impacts: Depends on Council's decision. $1000 for erosion control up to $6500 for installation of the wall. Attachments: 1. Letter from Dr. Levin dated August 14. 2. Portion of improvement plan for SD 88 -006. Lotion Vote: I aa ,,,,,t o AUGUST 14, 1991 Mayor Willem K o h l e r City of Saratoga About five months ago the road was widened and my property was cut into, exposing not only tree roots but the water lines to my home. Post holes were made but then all work was stopped and has never been resumed. I spoke to Dr. Stutzrnan, who was Mayor at that time and he said the city had changed its plans and there was nothing he could do. However, the city would do something else to prevent soil erosion and slides and also cover the exposed water lines. Needless to say, nothing yet has been done. Once the rains begin, we're going to have a mess, and a serious safety problem. Also, those exposed water lines leave me extremely vulnerable to any mishap as they can easily be broken by a falling rock. I called Larry Perlin with these concerns and he felt the best solution would be to complete the retaining wall and suggested I write this letter. On a totally separate issue is the metal retaining barrier already completed on the opposite_side of the road. The bright silver color is aesthetically out of place for a country road and I'd like to request that it be painted brown, similar to those on Prospect near the old Parker Ranch. Sincerely yours, ret Edward N. Levin, M.D. 13481 Pierce Road Saratoga 741 -5933 DECEMO AUG 16 1991 CITY OF SARATOGA CITY A NAGER'S OFFICE Dear Mayor Kohler, I reside at 13481 Pierce Road, with my property beginning at Chalet Clotilde and extending along Pierce Road for approximately 150 feet. About one year ago I learned that the city was planning to cut into my property in order to widen the road. Because my property next to the road is very steep, I was concerned that this would result in soil erosion resulting in slides and the loss of several large oak trees. I went down to the City Offices and voiced my concerns to one of the engi n eers, and I was that the tty was just as concerned and nut to worry because a hand built retaining wall was to be constructed to prevent these problems. INSTL 2" PCP (MA) AND 2. TL PLAsric. rE.AAas Fr6 BONO Loc. WI RI. PER C.P3 *Co 4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 G AGENDA ITEM MEETING DATE: September 4, 1991 n CITY MGR. APPROVAL ORIGINATING DEPT: Engineering Fiscal Impacts: Not known at this time. ,Attachments: Bid Summary. Motion Vote: N/A. -o SUBJECT: Civic Center Improvements Capital Project No. 956: Summary of Bids Recommended Action: Receive as information. Report Summary: Sealed bid proposals for the Civic Center Improvements were opened on Wednesday afternoon. A total of five contractors bid the project. A summary of the bids is attached. Swenson and Associates of Campbell submitted the lowest base bid of $1,268,350 which is 17.6% below the engineer's estimate of $1,520,205. Because of the complex nature of the bidding on this project, staff is unable to determine at this time whether the low bid submitted is a responsible bid. Both staff and the low bidder have additional work to do to make this determination. Additionally, staff must determine which, if any, of the alternate bid items should be included in the contract which is ultimately awarded. At your meeting on Wednesday, staff will present you with a report recommending whether Swenson and Associates should be declared the lowest responsible bidder and if so, additional recommendations for awarding a construction contract. SUMMARY OF BIDS ENGINEER'S ESTIMATE L, n F E Stu E JS (1 Item Description Unit Price Total Unit Price Total Unrt Price Total Unit Prloe Total 8 t 11 I 5�.3 i ;?68 /1- 1 /6 '4(9 16 000 A 4 17 ;2.4 .S v s Ott) 7 ,2 A 6 i7 D l o /L T Project Name: C U it a ,U e kL Project Na CITY OF SARATOGA ENGINEERING DEPARTMENT SUMMARY OF BIDS Page: By: Bid Date: 9/2 /7 l SUMMARY OF BIM ENONEER'S ESTIMATE /4L% (.c i j A) /lap G S G !l/ i PrI tJ 1L -`LS 4 1 Tote' Item No. Awn Quantity Deaai Unit Price Total Unit Price Total Unit Rice Total 1 Unit Rice g -;t 8, 1, 1 4 12 6 0c3 1 21 coo it 1 IS' vt 0 C C.vn 11, A Z Id I 0 00 {l 1h 3 8 3 0 1/) 6OD 2d I mu/ 4 W ao 1X 60 ia r mo o A (o ,Q 17Q 7 87 Project Nam C 1 U i C. C r l-'T 4 Project No. CITY OF SARATOGA ENGINEERING DEPARTMENT SUMMARY OF BIDS Pape: BY. Bid Data S /2-d/ c SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. V* AGENDA ITEM MEETING DATE Sept. 4, 1991 ITY MGR. APPROVAL 1 61 /li�u.14 ,14- ORIGINATING DEPT: Engineering 4! &pg SUBJECT: Civic Center Improvements Capital Project No. 956: Award of Construction Contract Recommen4led Action: 1. Declare Swenson and Associates of Campbell to be the lowest responsible bidder. 2. Authorize the City Manager to execute the attached contract with Swenson and Associates for $1,289,560. 3. Authorize staff to execute change orders to the contract up to $75,000. Report Summary: Since the bid opening last Wednesday, staff and the Project Architect have analyzed the low bid submitted by Swenson Asso- ciates of Campbell. Per the instructions in the bid documents, Swenson and Associates submitted an itemized breakdown of their bid both by bid item and by major elements of work before 3:00 p.m. last Thursday. These figures were compared to the project estimate and found to be reasonably consistent. Additionally, staff has checked six of the references listed by Swenson and Associates for whom they recently completed similar projects. In all cases, favorable comments were provided. Fiscal Impacts: The recommended contract award includes the Base Bid of $1,268,350, Alternate Bid Item No. 2 (Fruitvale Ave. parking lot) for $6,560, Alternate Bid Item No. 3 (north parking lot) for $13,640 and Alternate Bid Item No. 6 (Misc. drywall in the Commu- nity Center) for $1,010. The total contract award would be $1,289,560. Sufficient funds exist in Capital Project No. 956, Account No. 4510 to award the contract and to cover unanticipated changes up to $75,000. ,Attachments: 1. Contract for Public Works Construction. Motion k Vote: o CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION CIVIC CENTER ADDITIONS AND IMPROVEMENTS THIS CONTRACT, made this 4th day of SPpi mhPr 1991 by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Swenson and Associates hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused to be prepared in the manner pre- scribed by law, plans, specifications and other contract docu- ments, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10 of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sun or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga City Engineer or his authorized agent. 19 le ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications "Changes and Extra Work the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruc- tion or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frames specified in the Notices to Proceed, all according to the contract plans and specifications, the details and instruc- tions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Bidder's Bond or Bid Guaranty 4. Contract for Public Works Construction 5. Hold Harmless Clause 6. Performance Bond 7. Labor and Material Bond 8. Plans 9. Specifications 10. Detail Manual 11. Insurance Certificates In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. AWARDED BY CITY COUNCIL: CITY OF SARATOGA: Date September 4, 1991 ATTEST: CONTRACTOR: City Clerk The foregoing Contract is approved as to form this day of 19 City Attorney 21 By Title License No. Tax ID or SSN Overview Printed on recycled paper. Recommended Motion M E M O R A= -N_ D U M- TO: Mayor and City Council FROM: Stephen Emslie, Planning Director SUBJECT: Zoning Amendment concerning Real Estate Open House Signs 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: 8/30/91 Karen Anderson Martha Clevenger Wi/lem- Kohler Victor Monia Francis Stutzman Staff recommends that the City Council introduce the ordinance recommended by the Planning Commission and adopt the' Negative Declaration. Pursuant to City Council direction, the Planning Commission has drafted amendments to the sign ordinance to clarify the following aspects relating to open house signs: 1. Placement: Signs were to be located on private property with the owners' permission, or within the parkway adjoining private property. 2. Removal provisions: Change the three day notice provision to allow summary removal by a City agent. 3. Penalties: -Levy a $50 fine for illegal placement of a sign. In addition to the above, Council direction to the Planning Commission also address the following issues: 1. Limitation of the number of signs at an intersection: The maximum number of signs at any one intersection is two. 2. Size Limitation and Sign Type: The maximum size is limited to one square foot. Sizes may either mounted on a stake, or be a free- standing "A" frame sign. 3. Prohibited locations: Signs shall not be located _within medians. 4. Prohibition of Appurtenances: Signs shall not include streamers, balloons or similar devices designed to attract attention. 5. Identification: To facilitate enforcement, signs are required to identify the agent using the sign. 6. Permits: The ordinance requires an annual encroachment permit to be issued for signs located in the public right -of -way. 7. Time Limit: Signs are to be removed at sundown each day of open house. Background The Planning Commission broadened the scope of the recommended ordinance as a result of input from staff, the Board of Realtors, and the public. The following summarizes the issues debated by the Planning Commission: 1. Sign Type: The Planning Commission debated whether "A" frame signs should be permitted in the recommended ordinance. The Planning Commission concluded by including "A" frame signs for the following reasons: a. "A" frame signs allowed in Saratoga would be consistent with adjacent cities. b. Realtors in Saratoga also conduct business in nearby cities. Therefore, a consistent sign type would facilitate enforcement. c. Stake type signs are not preferred by some realtors who find them difficult to install due to the five year drought. 2. Encroachment: The Planning Commission allowed signs in public right -of -way within curbside parkways. After considering the safety and liability concerns associated with signs in these locations, the Planning Commission concluded that from an enforcement standpoint, signs would be better regulated if they were located in the right -of -way since this is where they would be placed regardless of City regulations. The Planning Commission did, however, recommend that an encroachment permit be required to address safety and liability concerns. 3. Penalties: The Planning Commission also discussed the amount of fines for violations. Some testimony was given indicating that the $50 fine was excessive. The Planning Commission concluded, however, that $50 provided sufficient deterrent to encourage compliance. Conclusion SE:cw The Planning Commission has acted to implement the Council's direction to resolve inconsistencies with the Sign Ordinance relative to open house signs. In doing so, the Planning Commission addressed additional issues and concerns in concert with the community and the Board of Realtors. The end result is a broader ordinance that the Planning Commission and staff recommend for adoption as this ordinance reflects actual conditions and promotes compliance. Respectfully submitted, S EP EN EM IE, Planning Director Attachments: 1. Draft Ordinance 2. Planning Commission minutes dated 2/27/91 3. City Manager's Memo dated 9/21/90 4. Draft Negative Declaration PLANNING COMMISSION MEETING February 27, 1991 Page 13 PUBLIC HEARINGS Continued 10. AZO -90 -009 City of Saratoga, a draft ordinance to establish regulations concerning the placement of real estate signs in all zone districts within the City of Saratoga (cont. from 1/9/91). Mr. Emslie reviewed the staff memorandum dated February 27, 1991. The public hearing was opened at 10:05 p.m. Mr. Eric Morley, Legislative Advocate for the Los Gatos Saratoga Board of Realtors, addressed the Commission regarding the proposal. He expressed concern regarding the provision that there should not be more than two open house signs at any intersection because it would be difficult to identify who placed the additional signs. Mr. Emslie responded that if there were more than two signs at an intersection all signs would be considered noncomplying and the Code Enforcement Officer would remove all of them. Mr. Morley suggested as an alternative proposal to the provision that there should be no more than one sign per direction per intersection. That would maximize the use of each sign and would allow for more than two signs per intersection in some cases but would be a fair way to assess an issue from a Code Enforcement Officer's position. This could be done by increased cooperation within the real estate community. Mr. Bill Murphy, 12150 Saragien Dr., addressed the Commission regarding the above mentioned provision. Mr. Morley also discussed the staff recommendation regarding the issue of A -frame signs versus stake signs. He said that because of the drought, it is difficult to drive stakes into the ground. He stated that many communities discourage stake signs because of safety. reasons. Mr. Morley indicated that those who are violating the sign ordinance should be penalized and not those who are attempting to comply. The Board is concerned about the administration process of having an annual encroachment fee and the enforcement of that because of liability and financial issues. Mr. Gene Zambetti, 14510 Big Basin Way, addressed the Commission and suggested that numbers be placed on the open house signs in order to identify the agents to whom they belong. PLANNING COMMISSION MEETING February 27, 1991 PUBLIC HEARINGS Continued DURKET MORAN MOVED TO CLOSE THE PUBLIC Passed 7 -0. MORAN /CALDWELL MOVED ORDINANCE NO. 71. Commissioner Caldwell of discussion. TO RECOMMEND THAT stated she seconded Page 14 HEARING AT 10:28 P.M. THE CITY COUNCIL ADOPT the motion for purposes Mr. Emslie discussed the suggestion regarding one sign in an intersection for each direction and indicated that worked very well in a community in which he worked in the past with the use of generic signs. Commissioner Bogosian said he was inclined to agree with several of the considerations regarding A -frame signs and was in favor of a numbering system for identification of the signs as was suggested. Commissioner Moran felt that persuasive reasons were offered and she could support the use of A- frames. She also was agreeable to an amendment to restriction No. 8 to include independent as well as real estate company people and would include affiliates as well as employees although she was not in favor of including homeowners in that provision. Commissioner Tappan commented that he believed homeowners were, in some cases, more abusive than some of the realtors with regard to placing. signs. CALDWELL DURKET MOVED THAT THE MOTION BE AMENDED TO AMEND SECTION 1(A)(1) TO PROVIDE THAT THERE BE ONE SIGN PER DIRECTION PER INTERSECTION; THAT SECTION 1(A)(2) BE AMENDED TO ALLOW FOR A -FRAME STYLE SIGNS; THAT SECTION 1(A)(8) BE AMENDED TO PROVIDE FOR ENCROACHMENT PERMITS FOR EMPLOYEES, INDEPENDENTS AND AFFILIATES; THAT SECTION B BE AMENDED TO PROVIDE FOR A CITATION PROCESS WHERE THERE IS DIRECT CONTACT WITH THE PERSON WHO HAS VIOLATED THE ORDINANCE AND ALSO TO ALLOW FOR THE SIGNS TO BE SOLD BACK TO THE REAL ESTATE COMPANIES, THEIR EMPLOYEES, INDEPENDENTS OR AFFILIATES. In response to Chairperson Tucker's question regarding how the Commission could provide for review of whether the A -frame signs are working, Mr. Emslie responded that the Commission could provide direction to staff to review the provision one year after the effective date of the ordinance. The motion on the amendment carried on a 6 -0 -1 vote (Commissioner Tappan abstained). PLANNING COMMISSION MEETING February 27, 1991 Page 15 PUBLIC HEARINGS Continued The motion on the original motion carried on a 6 -0 -1 vote (Commissioner Tappan abstained). Mr. Murphy requested that the Commission also consider an amendment to extend closing time of open houses to sundown. CALDWELL /MORAN MOVED TO AMEND ORDINANCE NO. 71 TO AMEND THE LAST PHRASE OF SECTION 1(A)(9) TO READ "AND NO LATER THAN SUNDOWN." The motion carried on a 6 -0 -1 vote (Commissioner Tappan abstained). 11. V -91 -001 Park, 14800 Masson Ct., request for variance approval to allow a 5 ft. tall ornamental iron fence with 6 ft. brick columns to be located within a required front setback. An exception request is also part of the application to allow a greater than 4,000 sq. ft. area of enclosure within the Saratoga Heights subdivision and NHR district per Chapter 15 of the City Code. Using an overhead projector, Mr. Walgren presented the Report to the Planning Commission dated February 27, 1991. The public hearing was opened at 10:50 p.m. Mr. Maurice Camargo, the architect for the project, addressed the Commission and described the project. He said the purpose of the fence was to secure the front area of the house for the family. Mr. Joseph Park, applicant, addressed the Commission regarding the project and pointed out that the primary reason for construction of the fence is a safety issue as he has a small child. He distributed a copy of a petition signed by the neighbors in support of the fence. Ms. Marie Rose Gaspar, 14754 Pierce Road, addressed the Commission in support of the proposal. FORBES /CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 11:03 P.M. Passed 7 -0. FORBES /CALDWELL MOVED TO APPROVE THE ENCLOSURE WITH THE OPEN WIRE FENCE AND DEFER THE REST OF THE FENCING PROPOSAL TO A STUDY SESSION. Commissioner Caldwell indicated she seconded the motion for purposes of discussion. Printed on recycled paper. Harry Peacock City M ager BOB WE) ff 0 IV 0 cc: City Council Planning Director 13777 FRL'ITVALE AVENUE SARATOGA, CALIFORNIA 95070 Q __yam 1Y' (408) 867 3438 �FnR September 21, 1990 COUNCIL MEMBERS: Karen Anderson Martha Clevenger Willem Kohler Victor Mona Franc's Stutzman TO: Planning Commission, City Attorney FROM: City Manager SUBJECT: Amendment to Sign Ordinance regarding enforcement and open house signs in residential districts On September 19, 1990 the City Council reviewed a letter from Miles Rankin and a report from the City Manager regarding real estate signs and enforcements of the sign ordinance. A copy of both documents is attached. The City Council has directed the Commission to hold public hearings amending the sign ordinance along the lines recommended by the City Manager. These amendments would: 1. Limit the placement of open house signs to private property and parkways adjoining private property with the adjoining private property owners permission. 2. Change the three day notice provision to exclude removal of open house signs. Allow open house signs to be summarily removed by any officer or employee of the City or the Sheriff's department. 3. Levy a fine of $50 for illegal placement of an open house sign. I would urge the Commission to take this matter up at its earliest convenience and ask that the City Attorney draft an amending ordinance to be heard at an early date. Until then, we can rely only on the "immediate and substantial hazard" provision to effectively enforce violations. This has only limited application and opens the City of challenges. Effective enforcement is extremely difficult under such circumstances. X iS+v\ e 9k aft o vt, S15 30.150 Open house signs in residential districts Non illuminated, open house signs are permitted in any residential zoning district, but limited to no more than two double -faced signs per intersection. No signs shall be located in bike lanes, sidewalks, median strips or streets, nor shall such signs be located within seventy feet of the right -of -way line of a designated scenic highway. No sign shall exceed one square foot of area or four feet in height and no open house sign shall contain individual or company advertising. Owner identity shall be affixed to the edge of each sign and shall not exceed one -half inch by two inches. Signs shall be fixed to a single pole of wood or metal material. Whenever any such sign is to be placed on private property, permission must first be obtained from the owner of such property. Each sign shall be removed each day after closing of the open house for that day. Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653- of the City of Saratoga, that the following de- scribed project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PROJECT DESCRIPTION Zoning amendments to revise regulations pertaining to the City's Sign Ordinance, Section 15- 30.150 of the City Code relative to real estate open house signs. The ordinance includes regulation limiting the size, placement, type and number of signs allowed to advertise property for sale in the City of Saratoga. NAME AND ADDRESS OF APPLICANT REASON FOR NEGATIVE DECLARATION File No. DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 The proposed zone amendments will provide improved enforcement of the City's Sign Ordinance in order to minimize the aesthetic impact of the unregulated placement of real estate open house signs. Executed at Saratoga, California this day of Director of Planning Director's Authorized Staff Member 1991. Printed on recycled. paper. Staff Recommendation: M E M O R A N D U M 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Mayor and City Council 8/30/91 FROM: Stephen Emslie, Planning Director SUBJECT: Status report on DR -91 -013; Appellant /Applicant: West 14801 Andrew Court COUNCIL MEMBERS: Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman On August 9, 1991, the Planning Commission conducted a study session to review a one -story alternative pursuant to City Council direction. The study session was attended by concerned neighbors as well as the architect representing the applicant. While the Planning Commission concluded that the one -story design addressed many of the compatibility and privacy concerns, it directed that the revised plans return to the Commission at a re- noticed public hearing. The applicants are currently preparing finished drawings depicting the one -story addition in preparation for the upcoming hearing. Since staff has not received nor reviewed the finished plans, no public hearing date has been established. This report is made to the Council pursuant to State law which requires that the Planning Commission provide a report within forty -five (45) days after remanding the application to the Planning Commission. The Commission requires approximately thirty (30) additional days in order to complete the hearing process to resolve this appeal. Staff recommends that the City Council receive this report and allow the Planning Commission thirty (30) additional days to complete the review of the proposed one -story addition at a regular public hearing. Off` SE:cw Printed on recycled- paper. Background: Fiscal Impact: 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 Recommended Motion: M E M O R A N D U M COUNCIL MEMBERS: TO: Mayor and City Council 8/30/91 FROM: Stephen Emslie, Planning Director SUBJECT: Contract amendment for completion of the draft Open Space Element Staff recommends that the City Council approve the final contract amendment to add an additional $3,025 to the previously amended contract, for a total contract amount of $32,315, and authorize staff to execute the attached letter of agreement. Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman The following chronology represents the history of the City's Open Space contract with Willdan Associates: December 1990 City Council approves contract for $16,380 April 1991 City Council approves amendment for a total contract of $29,290 August 1991 Willdan Associates proposes amendment for a total contract of $32,315 Staff finds that the additional costs associated with contract increase is a result of the Open Space Task Force's request for additional maps and graphics not called for in the initial scope of work, nor the recent contract amendment. The Council should note that the Open Space Task Force requested the additional graphics after the Council reviewed the most recent contract amendment. The City's budget for advance planning consulting services contains (0C f reserves to accommodate the increased contract amount. There is no need for a budget adjustment to accommodate this request. Status of Open Space Element: The consultant is awaiting City authorization to complete the final graphics to conclude the final draft. Staff anticipates receiving the draft element on September 13, 1991. Upon satisfactory completion of the draft, the Planning Commission will begin its hearings to consider the recommendations of the Open Space Task Force. Respectfully submitted, SST SE:cw E Director Attachment: Wilidan letter dated August 1, 1991 August 1, 1991 Mr. Stephen Emslie Planning Director City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 WILLDAN ASSOCIATES ENGINEERS P_ANNERS Professional Consulting Services Since 1964 RE: Change Order, City of Saratoga Open Space Element Dear Stephen: As we discussed on July 19, 1991 a considerable effort in time and materials has been put forth to produce high quality graphics for the City of Saratoga Open Space Element. As a follow up to our discussion, I have prepared a summary letter which identifies contract changes and the estimated additional costs associated with these changes. The following estimates are effective June 15, 1991, through project completion. Task 4: Revised Open Space Element Preparation During discussions between yourself and Mr. O'Connell, graphic requirements for the Open Space Element were expanded to include two additional maps: a Trails Map at 600 scale and a Ridgeline Map as separate from the Gateways and Watercourses map. Mr. O'Connell has and will continue to exert an effort which is beyond the original scope of work for the project. The effort required to complete the project now requires an additional 35 hours in professional time. Material costs have also exceeded the original estimate and thus an additional 1000.00 is required. All maps are being prepared in color, camera ready for reduction and reproduction by Steve O'Connell. O'Connell 35 hours 45.00 per hour 1,575.00 Materials for the production of graphics 1.000.00 2,575.00 r 6140 STOt1ERIDGE MALL ROAD SUITE 340 PLEASANTON. CALIFORNIA 94588 (415) 460 -8558 FAX (415) 460 -8562 Willdan Associates will produce a final draft for presentation before the Planning Commission and City Council. Willdan will continue to absorb the time and materials costs for formating and enhancing the text. Editorial and coordination time is budgeted below. Brekke 6 hours 75.00 per hour 450.00 Very truly yours, Therese Brekke Willdan Associates GRAND TOTAL 3,025.00 Your signature at the close of this letter constitutes agreement with this change order and an order to proceed with the tasks as revised. Stephen Emslie City of Saratoga