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HomeMy WebLinkAbout04-04-1990 COUNCIL AGENDA STAFF REPORTS1' SARATOGA CITY COUNCIL Q EXECUTIVE SUMMARY NO. 17 q4 AGENDA ITEM V MEETING DATE: April 4, 1990 CITY MGR. APPROVAL If ORIGINATING DEPT: Community Services SUBJECT: Introduction of an Ordinance Adding Section 6- 15.120 and 6- 15.130 to the City Code Concerning Unlawful Gatherings and Disturbances Recommended Motion: After public hearing, introduce ordinance by title only and direct staff to return to Council with a resolution affixing fees for the second response component of the ordinance. Report Summary- The Public Disturbance Ordinance proposed by the Public Safety Commission, which is modeled to a large extent after two similar ordinances in place in Los Gatos, consists of two parts. The first part of the ordinance focuses on juveniles in possession of alcohol. It would make it a misdemeanor for anyone to serve alcohol to a juvenile on private property unless that juvenile is under the supervision of his /her parent or guardian. Existing law already makes it illegal to serve minors alcohol on public property or at places open to the public. The second part of the ordinance sets up a civil mechanism whereby the City can elect to recover its costs for a second police response to a public dis- turbance (such as a party) if one is required. The ordinance would apply to both adult and juvenile disturbances, and makes a finding that officers responding to a disturbance a second time are deemed to be on a special security assignment over and above the level of services financed by the general taxpayer. Fiscal Impact: Should the above - referenced ordinance be adopted, an unknown revenue savings in the Sheriff's budget may result through the recovery of costs for second responses to parties together with a possible decrease in the number of parties requiring the atten- tion of the Sheriff's Office. Attachments: 1. Report dated 3/29/90 from the Community Services Director 2. Proposed Ordinance 3. Summary of party statistics from Sheriff's office for calendar year 1989 4. Summary prepared by CASA on Saratoga juvenile parties 5. Summary of public disturbance ordinances in other jurisdictions 6. Petition presented to Public Safety Commission in October containing 129 signatures encouraging the adoption of a public disturbance ordinance. Motion & Vote: (408) 867 "144'38 COUNCIL MEMBERS: Karen Anderson April 4, 1990 Martha Clevenger David Movies Donald Peterson To: City Counc i l Francis Stotzrnao From: Todd W. Argow, Community Services Director Subject: Introduction of an Ordinance Adding Section 6- 15.120 and 6- 15.130 to the City Code Concerning Unlawful Gatherings and Disturbances -------------------------------------------------------------- - - - - -- Recommendation 1. Hold Public Hearing 2. Close Public Hearing 3. Waive the Reading of the Ordinance 4. Introduce Ordinance by Title only 5. Direct staff to return to Council with a Resolution affixing fees for the second response component of the Ordinance Background In response to City Council direction, the Public Safety Commission has explored the feasibility of enacting an ordinance dealing with social disturbances including but not limited to parties requiring the attention of the Sheriff's Office. Many other State and County cities have enacted other similar ordi- nances providing for the recovery of costs for second police responses, and establishing regulations for the consumption of alcohol by juveniles. The Commission has met with the police chiefs of neighboring cities which have adopted such ordinances, and held a series of meetings with the Sheriff's Office to explore the extent of the problem in Saratoga. Finally, the Commission held a public hearing on March 12, 1990, which was extensively publicized to obtain community input prior to finalizing their recommendations to the Council. The Problem Unsupervised juvenile alcohol parties have been a continuing concern in Saratoga and in many of our neighboring communities. Frequently parents, away on weekend trips, leave their high school age children alone and unsupervised. Associated with these parties are alcohol and other forms of intoxicants, party Printed on recycled paper crashers, neighborhood vandalism to lawns, shrubs, mailboxes, debris; and a new aggressive, rather than passive, ethic generat- ing assaults at the parties, and challenges to responding Offi- cers. Conservatively, Saratoga can anticipate approximately eighty parties a year which get out of hand and require the attention of the Sheriff's Office. Current procedure in responding to com- plaints from neighbors is to make contact with the party host, disperse those in attendance, and confiscate or destroy the alcohol. Only very flagrant violators are addressed at the scene due to the large number of participants. Follow -up contact is then initiated with a letter to the parents of the host from the City Manager suggesting precautions which could be taken to prevent reoccurrences. As the parties continue, and as there is very limited enforcement authority for minors in possession of alcohol on private proper- ty, and as there is substantial continued community concern regarding youth substance abuse, the Public Safety Commission with the assistance of our City Attorney developed a very simple and straight forward ordinance designed to fix responsibility and accountability on the host of parties who either ignore, encour- age, or do not take any action to prevent a public disturbance and the illegal consumption of alcohol. The Proposed Ordinance The Ordinance proposed by the Public Safety Commission, which is modeled to a large extent after ordinances in place in Los Gatos, consists of two parts. The first part of the Ordinance focuses on juveniles in posses- sion of alcohol. It would make it a misdemeanor for anyone to serve alcohol to a juvenile on private property unless that juvenile is under the supervision of his /her parent or guardian. Existing law already makes it illegal to serve minors alcohol on public property, or at places open to the public. Therefore, the ordinance actually extends the application of existing law to include private places in addition to public places. The second part of the ordinance sets up a civil mechanism where- by the City can elect to recover its costs for a second police response to a public disturbance (such as a party) if one is required. The ordinance would apply to both adult and juvenile disturbances, and makes a finding that officers responding to a disturbance a second time are deemed to be on a special security assignment over and above the level of services financed by the general taxpayer. -2- Printed on recycled paper. In terms of process, officers responding to a public disturbance the first time would ask the host to sign a warning notice which states that they could be held liable for the costs of a second response if one is required. The host receives a copy of the warning; the original is kept for the record. If the individual responsible for the disturbance is a juvenile, then the parents could be held responsible for the costs of the second police response. Analysis The Public Safety Commission has spent a considerable amount of time examining alternative ways of addressing the local party and public disturbance issue. They agreed that there is no way which is faultless; that is where there are not exceptions or loopholes involved. They found that the issue of greater significance over what a given ordinance says is how the ordinance is applied in the field. Clearly, the Commission felt that the ordinance they proposed was not intended to be applied across the board without exception. Rather, it was to be an added tool available to law enforcement personnel in the field to be applied on a discretion- ary basis if the circumstances warranted it. The degree to which the ordinance is appropriately applied would depend on how clear- ly the City communicated its intentions to the Sheriff's Office, and on how well the Sheriff's command trained their officers in the application of the ordinance. The Commission chose the Los Gatos models for their proposed ordinance for a number of reasons; two are noteworthy. First, the Los Gatos ordinances attack the public disturbance problem from two perspectives. The first is a criminal approach to the use of alcohol by juveniles which treats one aspect of the prob- lem.' The second approach is a civil one which deals with all public disturbances, both juvenile and adult in nature. The Commission felt it was important to communicate that they were not singling out juvenile parties specifically, but rather were attempting to deal with the broader issue of public disturbances, regardless of the cause. The other reason the Commission chose the Los Gatos models concerned a statement made by one of the police chiefs at a Commission fact finding meeting. That comment was a recommenda- tion that public disturbance ordinances should be as similar as possible between neighboring jurisdictions. The police chief pointed out that party -goers run from jurisdiction to jurisdic- tion in search of their parties. When the regulations between jurisdictions are significantly different, it sends mixed mes- sages especially to the kids and young adults, thereby decreasing the effectiveness of either jurisdiction's ordinances. -3- Printed on recycled paper. Conclusion If Council approves the ordinance as proposed by the Public Safety Commission, staff will instruct the Sheriff's Office on the intended application of the ordinance in Saratoga. Staff will also develop a fee schedule for the second response part of the ordinance which will be presented to the Council in a resolu- tion format at a future Council meeting. PREPARED BY: r Todd W. Argow, ity Services Director SUBMITTED BY: r Harry R. Peacock, City Manager jm -4- Printed on recycled paper. AD ORDINANCE NO_ 71. AN ORDINANCE OF THE CUX OF SARATOGA ADDING SEMONS 6- 15.120 AND 6- 15.130 TO THE CITY CODE CONCERNING UNLAWFUL GA'i'FIESQi�S AND Dl T MBANCES REQUIRING A SECOND POLICE RESPONSE The City Council of the City of Saratoga hereby ordains as follows: SECIION L: A new Section 6- 15.120 is added to Article 6 -15 of the City Code, to read as follows: nS645.120 Certain gathermgS imjawful (a) No person under the age of twenty-one. years sba1L have in his or her possession or consume any alcoholic beverage at any place not open to the public, Mess that person is accompanied by and under the supervision of his or her parent or legal guardian. (b) No person shall suffer, permit, allow, or host a gathering at his or her place of residence where one or raore persons under the age of twenty-one years are present and alcoholic beverages are in the possession of, or being consumed by, any person under the age of twenty -one years who is not accompanied by and under the supervision of his or her parent or legal guards. (c) Any violation of this Section shall constitute a misdemeanor: SECTION 2: A new Section 6 -15 -130 is added to Article 6 -15. of the City Code, to read as follows; ■ll a': I ! %r; I :-1 111 I!.' 411:1 f "- It 6; t�v •.1-c Where a disturbance occurs at a premises which is determined by a police officer to constitute a treat to the public peace, health, safety or general welfare, and a second response by police personnel to such disturbance is made, the police personnel utilized dining the second response shall be deemed to be on special security assignment over and above the services normally provided. The person or persons in charge of the premises and the person or persons responsible for the event, or if any of those persons is a minor, then the parents or legal guardians of that minor, shall be jointly and severally liable for the cost of providing police personnel on special security assignment, such cost to be determined according to rates and charges as established from time to time by resolution of the City CoumciL" SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or Rev. 2121/90 _1_ unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, ]-*respective of the fact that one -. or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4-. This Ordinance shall be in full force and effect thirty days after its passage and adoption. sr * *ss The above and foregoing Ordinance was regalady introduced and after the wafting time reel &ed by la-w, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1990, by the following vote: AYES: NOES: ABSF.N-T: ATTEST: 'MAYOR CITY C`_T.FRK Rev. 2/21190 -2_ o SARATOGA PARTIES FROM JAN 01 THRU DEC 31, 1989 04 01 05 08 10 19 13 11 05 04 06 02 SARATOGA VANDALISMS FROM JAN 01 THRU DEC 31, 1989 18 11 28 20 25 28 30 29 14 16 22 .29 TOTAL NUMBER OF RESPONSES TO PARTY DISTURBANCES: 88 NUMBER OF REPEAT RESPONSES TO PARTY DISTURBANCES: 08 TOTAL NUMBER OF RESPONSES TO JUVENILE PARTIES: 63' TOTAL NUMBER OF RESPONSES TO ADULT PARTIES: 25 AVERAGE TIME SPENT AT EACH CALL IN MINUTES: 33 HOURS SPENT AT JUVENILE PARTIES: 38 ADULT: it NUMBER OF JUVNEILE CITATIONS: 37. ARRESTS FOR OTHER: 06 TWO VANDALISM REPORTS RESULTED FROM JUVENILE PARTIES, ONE WAS DAMAGE TO A PATROL VEHICLE, THE OTHER TO THE RESIDENCE. . LUDED 'IN THE "ARRESTS FOR OTHER" ARE ARRESTS MADE FOR DUI, ASSAULT WITH A DEADLY WEAPON, DRUNK IN PUBLIC (03) AND CONTRIBUTING TO THE DELINQUENCY OF A MINOR. 3 /y/oo JUVENILE ALCOHOL PARTIES IN SARATOGA 7 mo 48 #Depties Total Min. Spent Warnings Month Total Calls Party Size 4 Jan. 4 15-100 Mar 4 12- 150 Apr 4 8 - 50 May 8 7 - 300 June 12 8 - 150 July 10 6 - 150 Aug 6 10- 350 7 mo 48 #Depties Total Min. Spent Warnings Arrests 9 225 4 0 24 880 2 0 10 250 0 1 25 1810 2 2 34 925+ 2 7 21 535 5 1 14 635 0 0 137 5260+ Min. 15 11 Charges: Calculations for Second Response Fees Santa Clara: Hourly direct costs + fringe benefits + overhead = 594 to 76C per min. + any damage to City property Gilroy . Hourly direct costs + fringe benefits + overhead; No actual calculations given;r any damage to City property Los Gatos . Hourly direct costs + fringe benefits + overhead = $1.39 per min. + any damage to City property Alameda . Hourly direct costs + fringe benefits + overhead; No actual calculations given;+any damage to City property San Fernando: Hourly direct costs + fringe benefits + overhead; No actual calculations given; +any damage to City property Alcohol & Minors (contrasting Los Altos & Los Gatos Ordinances) The Los Altos Ordinance makes it unlawful for adults to serve alcohol to minors in their homes under all circumstances. Los Gatos Ord. #2 allows alcohol to be served as long as each minor is under direct supervision of her /her parent or guardian. PEEPARED BY TODD ARGOW (8/31/89) Z y Adult Party Size COMPARISON OF "PARTY ORDINANCES" Fee /Fine Minimum Required? Charged FROM OTHER JURISDICTIONS No Fee varies. Effective Applies to: Charged by minute Time Applies to: City /Agency Date of Ord. 1st response 2nd response Period Adults Juveniles Santa Clara 4/1/88 Warning Cite Within Yes Yes to max. of $500. Not stated No 12 hours Los Altos 2/28/89 Cite N/A N/A No Yes Gilroy 1/4/88 Warning Cite Not Yes Yes Charged by minute to stated Not stated No Los Gatos 5/1/89 Warning Cite Not Yes Yes Ord. #1 stated Los Gatos 5/1/89 Cite N/A N/A No Yes Ord. #2 Alameda County 3/28/89 Warning Cite Not Yes Yes stated San Fernando 11/7/88 Warning Cite Within Yes Yes 12 hours Charges: Calculations for Second Response Fees Santa Clara: Hourly direct costs + fringe benefits + overhead = 594 to 76C per min. + any damage to City property Gilroy . Hourly direct costs + fringe benefits + overhead; No actual calculations given;r any damage to City property Los Gatos . Hourly direct costs + fringe benefits + overhead = $1.39 per min. + any damage to City property Alameda . Hourly direct costs + fringe benefits + overhead; No actual calculations given;+any damage to City property San Fernando: Hourly direct costs + fringe benefits + overhead; No actual calculations given; +any damage to City property Alcohol & Minors (contrasting Los Altos & Los Gatos Ordinances) The Los Altos Ordinance makes it unlawful for adults to serve alcohol to minors in their homes under all circumstances. Los Gatos Ord. #2 allows alcohol to be served as long as each minor is under direct supervision of her /her parent or guardian. PEEPARED BY TODD ARGOW (8/31/89) Z y Adult Party Size Supervision Fee /Fine Minimum Required? Charged 3 or more No Fee varies. persons Charged by minute to max. of $750. 10 or more N/A Fine /or infraction ($100 - $500) Not stated No Fee varies. Charged by minute to max. of $500. Not stated No Fee varies. Charged by minute, no max. One or more Yes Fine /or misdemeanor ($1,000 max. and /or jail) Not stated No Fee varies. Charged by minute to max. of $1,000. Not stated No Fee varies. Charged by minute to max. of $500. Charges: Calculations for Second Response Fees Santa Clara: Hourly direct costs + fringe benefits + overhead = 594 to 76C per min. + any damage to City property Gilroy . Hourly direct costs + fringe benefits + overhead; No actual calculations given;r any damage to City property Los Gatos . Hourly direct costs + fringe benefits + overhead = $1.39 per min. + any damage to City property Alameda . Hourly direct costs + fringe benefits + overhead; No actual calculations given;+any damage to City property San Fernando: Hourly direct costs + fringe benefits + overhead; No actual calculations given; +any damage to City property Alcohol & Minors (contrasting Los Altos & Los Gatos Ordinances) The Los Altos Ordinance makes it unlawful for adults to serve alcohol to minors in their homes under all circumstances. Los Gatos Ord. #2 allows alcohol to be served as long as each minor is under direct supervision of her /her parent or guardian. PEEPARED BY TODD ARGOW (8/31/89) Z y s, SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS PARTY ORDINANCE pg. 2. NAME ADDRESS PHONE /-2,(Q (.91 Au" �x _�. �' - e -..._C lam. ►_� -..- ___._._...._._� ��.�1..4 � . w-�►�► � � ....I -. . __�.__�l_. _...� � �� __.. 111�1111 01111 - - -- CITY OF SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE CITY ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS ORDINANCE pg. 2. NAME ADDRES S PHONE 7V Ce % 73 A 7- 7ff -? 5 S --835 QAQ �� /7/1�'n�c�' %3�(� ��� / r� fir- �-►��� � % �� ,q L,4�4 l OQD f c �� �04,13 ln07 AA�Z44-0� �� SC z � ��. ,z- g6 7 �'S'l —�'y30 SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS PARTY ORDINANCE pg. 2. NAME ,� P-L-1 ADDRESS im PHONE u . � � �/ 4u� (9 A 14 q 0 1� .:5'55- 74 1 4c) ` CITY OF SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE CITY ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS ORDINANCE pg. 2. NAME ADDRESS PHONE 1 (7,'1- k r> ( 1 tl-,A -J !1 M C,?�c �� -1 Scoff f_ 7 -- r T • SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE L. I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS PARTY ORDINANCE pg. 2. NAME ADDRESS PHONE 7 Air.- .�- I u 5so7 G�! L� CDLV-Vl -A-v CITY OF SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE 1 WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE CITY ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS ORDINANCE pg. 2. NAME ADDRESS PHONE 0&vL -71iri u) I F d�6v 6,7 l C'i� lf1 �, - ry a _ w CITY OF SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I.WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AND LOS ALTOS. THESE CITY ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES. *See the LOS ALTOS ORDINANCE pg. 2. NAME ADDRESS PHONE 7 T :7 :L -14 9 CITY OF SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED By LOS GATOS AND LOS ALTOS. THESE CITY ORDINANCES WERE PASSED TO DISCOURAGE .ALCOHOL PARTIES. *s UNSUPERVISED JUVENILE ee thb LOS ALTOS ORDINANCE P9. 2. NAME ADDRESS PHONE 2 717 PC- C"2 I rj /L Alw I- CITY OF SARATOGA JUVENILE ALCOHOL PARTY ORDINANCE I WOULD LIKE TO HAVE SARATOGA CITY COUNCIL CONSIDER PASSING A "PARTY ORDINANCE" SIMILAR TO THOSE ADOPTED BY LOS GATOS AI4D LOS ALTOS. THESE CITY ORDINANCES WERE PASSED TO DISCOURAGE UNSUPERVISED JUVENILE ALCOHOL PARTIES NAME *See the LOS ALTOS ORDINANCE pg. 2. �- ADDRESS l� �•�`- ' � `�` . �� UCH � 7 PHONE Y �i2<� o(,- oo�rw 9Ccc� v � - C s,. l� 7� / - YS -7 L'�) (, -7 - -(60 6- �, ✓i — 2 1-2 ?7i.L ?,u3Yo i 14 t -:- / �!�; • /!yam �; 7 4-17 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ( j AGENDA ITEM MEETING DATE: April 4, 1990 r ORIGINATING DEPT: Planning CITY MGR. APPROVAL ------------------------------------------------------------------ - - - - -- SUBJECT: Draft 1990 Community Open Space Survey ------------------------------------------------------------------ - - - - -- Recommended Motion: Review the draft survey and direct staff to return with final survey with cross tabulated results. Report Summary: The Open Space Survey has recently been completed and the results compiled. The consultants who prepared the questions and conducted the survey will be present at the Council's meeting to re- spond to specific questions. The Council has the opportunity to request additional information to cross reference the survey results with spe- cific geographic regions of the City. Staff and the Survey Review Committee can be directed to prepare the final survey and the cross referenced information. Fiscal Impacts: None. Attachments: 1. Draft Open Space Survey 1 i SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.1 ` AGENDA ITEM MEETING DATE: April 4, 1990 CITY MGR. APPROVAL ORIGINATING DEPT: Engineering_ SUBJECT: Status of SD 88 -006 and Pierce Road Improvements Recommended Action: Receive as information. Report Summary: Fiscal Impacts: None. Attachments: Motion and Vote: b(L .. 01LJT�x 99 O (VV A\ (4OS) 867-134" IS March 30, 1990 MEMO TO: The Mayor and City Council FROM: Larry I. Perlin, City Engineer COUNCIL MEMBERS: Raven Anderson Martha Clevengei David Movies Donald Peterson Francis stutzman RE: Status of SD 88 -006 and Pierce Road Improvements DISCUSSION: This is an information item only. No Council action is required. At your March 7 meeting, Council asked for a status report on SD 88 -006 (the three lot subdivision on Pierce Road by Ralph Saviano) and the related offsite improvements. Council's request was in response to concerns raised by Mr. Steve de Keczer, the property owner at 13415 Pierce Road. As a condition of approval for SD 88 -006, Mr. Saviano is required to widen Pierce Road to a 26 foot width along the frontage of his subdivision, approximately from Surrey Lane to Old Oak Way. Included in this work is the widening of the bridge just north of Chalet Clotilde Drive, a storm drain crossing approximately 400 feet south of Surrey Lane and the typical underground utility services to each of the three lots. To date, Mr. Saviano has performed only a small portion of the required road widening and has installed sections of berm in the vicinity of the two curves on Pierce Road. The berms, which are substandard in workmanship and which Mr. Saviano has been informed he will need to replace, are also what Mr. de Keczer's concerns are about. Mr. de Keczer maintains the berms further reduce the width of the roadway in certain spots and thus create more of a hazard than before they were installed. To some degree Mr. de Keczer's concerns are valid although it was believed by staff that it was better to have the berms remain in place throughout the winter to block debris from sliding into the road. As it now appears that the rainy season has ended, the berms can probably be removed without consequence and Mr. Saviano has been directed to do so. As for the completion of the remaining offsite improvements, Mr. Saviano's schedule calls for work to begin in mid to late spring and be completed by early fall. As a good portion of the work involves activity in Calabazas Creek, it is necessary to wait until creek flows subside to perform such activities. 1 Printed on recycled paper. The City Inspector is keeping a close watch over Mr. Saviano to insure that all work is performed in a quality manner and that impacts from his project are kept to a minimum. Should any Council member notice problems with the project or desire further information, please see me. E Printed on recycled paper. 4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO- -L7 MEETING DATE: April 4, 1990 ORIGINATING DEPT: Engineering AGENDA ITEM q (\1 /i CITY MGR. APPROVAL SUBJECT: Storm Drainage Agreement for Tract 8311 - Paul Masson Recommended Action: It is recommended that Council approve the proposed agreement between the City and Dividend Development Corp. regarding the storm drainage improvements for Tract 8311 and authorize the City Manager to execute the agreement for the City. Report Summary: See Attached Memo. Piscal Impacts: Attachments: Motion and Vote: None. i t 2s , ?)7 u �wtl (_Q 1 � Y( JoR � ° ° HOC I:37 ; � t- }�UrI���,�I_I.:�V'I.�l'�.. s.��l,�►�� ��� .�.<:,�t_ii��>►zNl.�s�. >��7E� ( 4081 867 -:34: 38 March 29, 1990 MEMO TO: The Mayor and City Council FROM: Larry I. Perlin, City Engineer RE: Storm Drainage Agreement for Tract 8311 - Paul Masson COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman DISCUSSION: Attached for consideration is a proposed agreement between the City and Dividend Development Corp. concerning storm drainage improvements for Tract 8311 (Paul Masson). The agree- ment stipulates the terms under which Dividend will construct storm drainage facilities to serve their project as well as a large portion of the Quito area which is subject to periodic flooding. In exchange for constructing these improvements, the City will waive the payment of storm drainage fees by the de- veloper. The estimated cost to install the storm drainage im- provements is $130,000. The fees which would be waived total just under $77,000. The developer is willing to proceed in this manner because if they opted to pay the fees, they would still be required to install costly retention facilities as part of their project to prevent the City's storm drain system from becoming overburdened during peak storm events. In addition, the develop- er would be required to maintain any such retention facility for as long as it were in use. The City Attorney has reviewed the proposed agreement and is satisfied with its contents. RECOMMENDATION: It is recommended that Council approve the proposed agreement between the City and Dividend Development Corp. regarding storm drainage improvements for Tract 8311 and authorize the City Manager to execute the agreement for the City. ACTION REQUIRED: Approve recommendation. Printed on recycled paper. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. j I q& AGENDA ITEM 0 MEETING DATE: April 4, 1990 CITY MGR. APPROVAL ORIGINATING DEPT: En ineerin SUBJECT: Implementation Agreement for Non -Point Source Control Program RecommendedActim It is recommended that Council review and approve the proposed Implementation Agreement for the Santa Clara Valley Non - Point Source Control Program and authorize the Mayor to execute the Agreement for the City. Report Summary: Please see Attached Memo. Pbud Impacts: None. Attachments: Motion and Vote: n l�J � C01 N-\V @g (C�,, IDA 408) 867-1' 34" 38 COUNCIL, MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stotzman March 30, 1990 MEMO TO: The Mayor & City Council FROM: Larry I. Perlin, City Council RE: Implementation Agreement for Non - Point Source Control Program DISCUSSION: At your last meeting, Council authorized the City of Saratoga to be listed as a co- applicant on the NPDES Permit Application along with the other Santa Clara Valley cities, the county and the Santa Clara Valley Water District. It was reported that staff would be returning with an agreement which would bind the permit applicants together to carry out an NPS Control Pro- gram in the Santa Clara Valley. Attached for your consideration is the proposed Implementation Agreement for the Santa Clara Valley Non -Point Source Control Program. The agreement was developed by the Cities of Palo Alto and San Jose and is now being circulated to each agency for execution. The City Attorney is reviewing the Agreement and will be prepared to comment on it at your meeting. As previously reported, the NPS Control Program is envisioned to contain both an areawide component and a local component. The estimated cost of the areawide component for FY 1990 -1991 is $2.6 million. Saratoga's share of this cost is proposed to be 1.59 %, the same percentage we have assumed for the development of the program thus far. This amounts to a little over $41,000 and excludes the cost of the local component which is,as of yet, undetermined. As more information about the NPS Control Program is developed, Council will be kept informed. For your next meeting, I am ar- ranging for representatives from the Water District to give a presentation on the NPS Control Program. The information which will be presented will assist the Council with decisions that will need to be made during the upcoming budget review sessions about Saratoga's level of involvement with the program. Printed on recycled paper RECOMMENDATION: It is recommended that Implementation Agreement Source Control Program Agreement for the City. ACTION RE8'D: Approve recommendation. Printed on recycled paper. Council review and approve the proposed for the Santa Clara Valley Non -Point and authorize the Mayor to execute the SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 11 1 AGENDA ITEM 813 MEETING DATE: April 4, 1990 ORIGINATING DEPT: Planning CITY MGR. APPROVAL ------------------------------------------------------------------ - - - - -- SUBJECT: Appeal of DR -89 -124: Planning Commission denial of second addition. Appellant /Applicant: DR. and Mrs. Levin, Location: 18851 Ansley Place. Recommended Motion: Staff recommends that the City Council consider the compatibility of the second story addition in the one story neighborhood and consider granting approval of DR -89 -124 subject to additional land- scaping and reduction of second story windows. Report Summary: The application was reviewed and denied by the Planning Commission. The Commission felt that the second story addition was inappropriate for this one story neighborhood. However, the Planning Commission allowed the applicants to return with a revised plan by denying the application without prejudice. The residents in the neighborhood are on opposite sides of the issues involved in this application. Staff feels that the City must look toward its existing regulations and policies for resolution of this request. Provided the addition does not result in privacy impacts nor appears over built for the site, staff feels the compatibility findings to be present. Fiscal Impacts: None. Attachments: 1. Memorandum from Planning Director 2. Planning Commission minutes 2 -14 -90 3. Previous staff report 4. Correspondence A � f n♦ ugu'ff @:T O& ° &U(Mo& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 MEMORANDUM TO: Mayor and City Council DATE: 4/4/90 FROM: Y Emslie, Planning Director SUBJEC Appeal of DR -89 -124: Appeal of the Planning Commission denial of second story addition; Applicant /Appellant: Mr. and Mrs. Levin. Location: 18851 Ansley Place. OVERVIEW The Planning Commission denied a second story addition to a one story home in the predominantly one story Saratoga Woods neigh- borhood. Much input was given to the Planning Commission from adjacent neighbors as well as residents of the area. Concerns were expressed that the second story addition would establish a precedent that, over time, would negatively change the character of this neighborhood. BACKGROUND The applicants are proposing to add a 637 sq. ft. master bedroom to their existing 2730 square foot home. The addition is oriented on the extreme left side of the existing residence and is a maximum of 22 ft. high. The second story wall is located at the minimum side yard setback which is 10 ft. and coincides with the lower floor. The front second story wall is set back approxi- mately seven ft. behind the lower level wall creating a roofline separation between the two floors. The second story is also behind the rear first floor wall which creates a visual separa- tion when viewed from the rear yard. The existing lot meets the minimum size required by the R -1 -10,00 zone district, measuring 11,000 sq. ft. The left side yard contains dense foliage which screens views from the adjoining neighbor. The rear yard also contains some mature landscaping but views from rear yard neighbors are not completed obliterated. The existing residence is located at the minimum side and rear setbacks resulting in no available location for a one story addi- tion except for in front of existing residence. 1 The project details can be summarized as follows: ZONING: R -1- 10,000 GENERAL PLAN: M -10 PARCEL SIZE: 11,000 sq. ft. AVERAGE SITE SLOPE: 1% GRADING REQUIRED: none MATERIALS & COLORS PROPOSED: Cedar shingle roof; horizontal wood siding to match the existing home. PROPOSAL LOT COVERAGE: 5356 sq. ft. (49 %) HEIGHT: 22 ft. SIZE OF STRUCTURE: 1st Floor: 2730 sq. ft. 2nd Floor: 637 sq. ft. TOTAL: 3367 sq. ft. CODE REQUIREMENT/ ALLOWANCE 6050 sq. ft. (55 %) (existing) (proposed) 26 ft. 3370 sq. ft. SETBACK: Front: 25 ft. Front: 25 ft. Rear: 25 ft. Rear: 25 ft. Right Side: 10 ft. Right Side: 10 ft. Left Side: 10 ft. Left Side: 10 ft. The Saratoga Woods can be generally classified as one story ranch style tract developed over a short period in the 1950's and 19601s. The neighborhood has seen second story additions of varying degrees of architectural success. One second story is visible from the applicant's property. Many Saratoga Woods residents presented written and oral testi- mony to the Planning Commission objecting to the approval of a second story at this location. Specific concern was raised from the property owner adjoining the applicant's rear yard regarding privacy intrusions and view obstruction. The other residents opposing the proposal stated their concerns that further second stories would destroy the neighborhood character by propagating further inappropriate and overbuilt additions throughout the neighborhood. The Planning Commission also received the testimony of the applicants and their representatives. The applicants stated their intention to add to the residence in a sensitive and com- patible manner. The applicant stated that since the layout of the existing floor plan and the lack of developable rear yard prevented single story additions, the second story proposal was their only option. The applicants also felt that the addition enhanced the quality of the existing residence and neighborhood. 2 Staff reported that the proposed addition was incompatible with the existing home and the surrounding neighborhood. Staff rea- soned that the location of the addition at the extreme end of the existing structure produced an unbalanced and isolated addition. Further staff reported that while two story additions were seen in the neighborhood, this specific block was completely one story. Although the addition proposed similar finished materi- als that are presently found on the home and throughout the neighborhood, and employed both hip and gable and roof features also typical, staff was unable to recommend that the project would be compatible with its surroundings. The Planning Commission found the proposed addition to be incon- sistent with the one story character of the neighborhood. Al- though several commissioners felt continuing the public hearing would allow the applicant and the Planning Commission to consider revised plans, a majority felt such action would not be produc- tive. Therefore, the proposal was denied without prejudice which would have allowed the applicants to return with a revised appli- cation as soon as possible. ANALYSIS The issues involved with this application are divisive, provoca- tive and have far reaching implication for the neighborhood. Many are concerned that approval of the second story addition in any form will open the door for further additions that may create negative impact on other residents. Many are also concerned that denial of the second story addition will stifle positive improve- ment to the neighborhood and will discourage fulfillment of the needs of growing families. Staff feels that denial of the addi- tion must be only considered after exhausting architectural options that address the compatibility with this one story neigh- borhood and reduce the impact to immediate neighbor. The following facts are essential to staff analysis of the issues surrounding this application. 1. Saratoga maintains a two story, 26 ft. height limit through- out the City. 2. The applicants proposal conforms with all development stand- ards such as height set back and coverage, and is less than the maximum square footage allowed by code. 3. Although the Planning Commission has begun a program to identify neighborhood characteristics for specific geographic areas, this program has not been completed for Saratoga Woods. No definitive policies are in place to guide develop- ment in this neighborhood except the City's design review criteria that applies City wide. 4. Saratoga Woods is approaching an important transition its lifecycle. Changing family needs for space and amenities are exerting great pressure to expand existing homes. Given that many homes are built to set backs on 1/4 acre lots continued requests for second story additions will result regardless of the outcome of this application. Therefore, the precedent created by the application will have far reaching implica- tions. In order to establish high standards for future requests the utmost consideration should be given to archi- tecturally pleasing proposals that do not adversely impact surrounding properties. 5. The location of the addition must be considered in terms of the most compatible architectural appearance as well as in terms of impact to adjacent residences. Staff was concerned that the addition's location at the extreme end of the structure procedures an unbalanced architectural appearance from the street. However, this location also produces less visual intrusion in to the rear yard areas of adjacent neigh- bors. Therefore, staff feels the chosen location represents a compromise between architecture and privacy. 6. There are proposed second story windows on the rear elevation that produce visual and glare impacts. Staff feels the windows in the proposed upper story bathroom should be re- duced in size and number to minimize glare to adjacent properties and be made obscure to prevent privacy intrusions. 7. The side property line adjacent to the addition contains mature vegetation that effectively screens the adjacent owner, however the rear property line is not as screened. Additional mature landscaping in essential at the rear property line to mitigate rear yard impacts to adjoining rear yard owners. 8. The applicants have submitted revised architectural eleva- tions for the second story addition. Essentially the revised plan retains the addition in the same location, reduces the height to 21.5 ft.; uses conventional windows to match the existing structure; and converts the gable end to a hip roof which reduces the wall height of the front elevation. Staff feels these changes, although minor, further promote a more compatible architectural exterior. In conclusion, Staff feels the addition in and of itself is com- patible with the existing structure. However, the question asked by both proponents and opponents is: Are second stories appropri- ate for this neighborhood. While the City may ultimately decide that this neighborhood must remain single story in order to retain its uniqueness, such direction is not currently in place. Staff must look toward existing criteria for guidance in evaluat- ing this proposal. If modifications are made to reduce impact to surrounding neighbors staff would conclude it has no option other than to recommend approval. 4 STAFF RECOMMENDATION Staff recommends that the City Council open the public hearing, receive appropriate testimony, consider the compatibility of the second story addition in this one story neighborhood, and approve DR -89 -124 subject to reduction of upper story windows and in- creased landscaping. 5