HomeMy WebLinkAbout02-16-1994 CITY COUNCIL AGENDASARATOGA CITY COUNCIL
EXECUTIVE SUMMARY�'NO. `1 D AGENDA ITEM
MEETING DATE: February 16., 1994 CITY MGR. APPROVAL i
ORIGINATING DEPT.. City Manager's Office
SUBJECT: Request for Special Event Permit - Los Gatos Rotary Club
Great Race, February 27, 1994
Recommended Motion(s):
Conditionally approve the Rotary Great Race, authorizing the Public
Services Assistant to issue a Special Event Permit contingent upon
satisfactory compliance with terms of the City's :Special Event
Permit Ordinance.
Report Summary•
The Rotary Club of Los Gatos has requested approval from the City
of Saratoga for that portion of their annual Great Race which is
within the jurisdiction of the City. The Great Race is scheduled
for Sunday, February 27, 1994, beginning at 9:00 a.m. on Oak Street
in Saratoga :and proceeds east along the southerly shoulder of
Highway 9, ending in Los Gatos. The Rotary Club anticipates
between 2500 -3000 runners. Caltrans encroachment permits have been
acquired. Race organizers will provide security and traffic
control in accordance with the plan approved by the Santa Clara
County Sheriff's Department. The Los Gatos Rotary will reimburse
the City of Saratoga for any expenses incurred by the City in
.connection with this event.
Fiscal Impacts: None anticipated
Attachments:
1. Application letter of November 16, 1993, from Great Race
Coordinator responding to conditions of Special Events Permit
Ordinance.
2. Map of event
Motion and Vote:
I
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IMPERIAL BANK
P.O. Box 26427 • 226 Airport Parkway • San lose, CA 95159 • (408) 451 -5500
City Council
City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
Honorable City Council Members:
November 1, 1993
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N'0V 1 01995
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C'T`_' i.'t_i`. ^ GL::' °' ,.. Y'PLCE
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The Rotary Club of Los Gatos hereby requests City approval for the
1994, running of the Great Race - Saratoga to Los Gatos on Sunday
February 27, 1994. The race will be run along the same course as
last year, starting on Oak St. and proceeding east along the
southerly shoulder of Highway 9, ending in downtown Los Gatos. We
are in the process of securing Cal Trans approval, as well as the
approval of Monte Sereno and Los Gatos. We would also request that
we be allowed to use the public parking lot behind the savings and
loan for registration, as. we have in past years, from approximately
7 a.m. until 9:30 a.m.
We expect to attract approximately 2500 -3000 runners for the event.
We will have approximately 40 Rotarians at the starting point in
various pre -race locations. We will have a portable public address
system set up at the start of the race, which will then be
transported.to the finish line in Los Gatos.
Enclosed is an executed Indemnity Agreement, along with our
certificate of insurance. A map of the race route is also
attached.
We greatly appreciate your support of this traditional community
event which raises funds for local work of our Rotary Club. We
will be pleased to work with your staff to satisfy your concerns
and conditions.
Sincerely,
Deborah E. McCarroll
Chairperson
Great Race
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. � 41 1
MEETING DATE:
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY MGR. '
SUBJECT: Improvements to Congress Springs Park proposed by Saratoga
Little League
Recommended Motion(s) : Move to approve the proposed improvements as
recommended by the Parks and Recreation Commission and staff, and
waive City fees associated with the proposed improvements.
Report Summary: Saratoga Little League is proposing to fund and
install various improvements at Congress Springs Park which would
create a suitable "tournament field" for Little League play. The
scope of improvements are detailed in the attached memo from
Saratoga Little League dated December 7.
The Parks and Recreation Commission reviewed Little League's
proposal on October 4 and approved it with the following three
conditions:
1. That the Little League Board of Directors formally endorse
the proposal.
2. That all improvements and construction be subject to review
by City staff.
3. That all improvements be funded entirely by Little League.
The December 7 memo indicates that Little League has complied with
Condition 1 and accepts Condition 3. Condition 2 seems obvious,
however staff believes it should be modified to read as follows:
That all improvements receive the necessary zoning approvals
and.permits, and that all construction be subject to the necessary
inspections, required by the City Code.
The revised condition will further ensure that City processes are
not compromised in favor of Little League, and that City Code
provisions governing the improvements are respected.
Fiscal Impacts: None directly to the City as Little League will
bear responsibility for all costs associated with the installation
-and maintenance of the improvements. The City could however,
assist Little League by waiving application, permit and inspection
fees associated with the improvements. All total, these fees would
amount to approximately $500. ,
Advertising, Noticing and Public Contact: Nothing additional for
this item.
Consequences of Not Acting on the Recommended Motions: The
improvements would not be approved and further Council direction
would be conveyed to Little League.
Follow Up Actions: Little League will be advised of Council's
approval of their proposal and would be directed as to how to
proceed with the project.
Attachments: 1. Little League memo dated December 7, 1993.
2. Agreement between City and Little League concerning
use of Congress Springs Park.
Saratoga Littfe League
Home Field - Congress Springs Park, Saratoga, CA
TO: City Council - City of Saratoga
(c /o Bob Rizzo, Parks & Bldg. Superintendent)
FROM: Tom Barnum, President of Saratoga Little League
RE: Formal Proposal for Field Improvement Plan
DATE December 7, 1993
Background
At the end of the 1993 season, the Board of Directors of the Saratoga Little League
voted to make improvements to the "Majors Field" at Congress Springs Park. The "Majors Field"
is the. middle of the three existing baseball diamonds at Congress Springs Park. It is situated east
of the Snack Shack. The purpose of the improvements is to create a suitable "tournament field ".
Such a field would provide ample seating for spectators, allow for the announcing of games and
the singing of the National Anthem over a public address system, provide more practice areas, and
allow for greater cleanliness and ease of maintenance.
On October 4, 1993, the Saratoga Parks and Recreation Commission approved the
Saratoga Little League Field Improvement Plan. That Plan is set forth in detail in the balance of
this letter.
Field Improvement Plan
The Board of Directors of the Saratoga Little League has voted to make the
following capital improvements.prior to the beginning of the 1994 season:
1. "Blockhouse" constructed approximately 1 foot behind the backstop of the
Majors Field. The dimensions of the blockhouse should be 20' long (which
is as long as the backstop) and 12' deep. The blockhouse will contain the
scorekeeper booth, public address system, and all essential field maintenance
equipment (specifically a small motorized cart, a dragger, and templates for
marking the field). The blockhouse will be constructed in a brick and shingle
design identical in style to the Snack Shack. The model for this blockhouse is
the Lincoln Glen Little League blockhouse located at River Glen Park on the
corner of Pine and Bird in San Jose.
2. Enlarged bleachers at the Majors Field.
3. Concrete pads under the bleachers at the Majors Field.
4. Shade screens above the bleachers at the Majors Field.
5. Concrete floor in both dugouts and the on -deck areas of the Majors Field.
6. Chain -link fence to roof and fully enclose both dugouts and the on -deck areas
of the Majors Field.
Little League Baseball - California District 12
T -Ball, Farm, Minors AA, Minors AAA, Majors, Senior Minors, Senior Majors, Big League
7. Plywood (painted green) to cover 3 /4ths of the roof of both dugouts and the on-
deck areas of the Majors Field.
8. Two (2) bullpens (each with mound, pitching rubber, and home plate) with
partial chain link fence enclosures located along the outside area of the right
field out -of- bounds fence adjacent to the first base dugout.
9. Signage ( "Saratoga Little League Majors Field "). This will be a green sign with
white lettering on plywood to be hung at the top of the backstop facing the
parking lot.
10. Display board consisting of a plexiglass case in which announcements,
standings, and general information will be posted.
11. Grass infield (if an irrigation system can be developed and maintained).
12. Brass plaque listing all persons who contribute funds of $500 or more to this
project. The plaque will be imbeded in the wall of the blockhouse.
Organizational Structure
Field Improvement Chairman:
Matthew A. Crosby
Attorney at Law
Board Member, Saratoga Little League
13663 Howen Drive, Saratoga, CA 95070
(408) 370 -7500
Architect: Kenneth A. Rodrigues, A.I.A.
Kenneth Rodrigues Associates, Inc.
50 West San Fernando
San Jose, CA
(408) 993 -0700
General Contractor Consultants:
Funding
Duane Morse, Contractor Lic. No. 446583
Morse Enterprises
18701 Kosich Drive, Saratoga, CA 95070
(408) 996 -2345
Roger C. Allen
General Building Contractor
19105 Dagmar Drive, Saratoga, CA 95070
(408) 252 -7118
All funding for these field improvements will come from the Saratoga Little League.
The preliminary expected cost for these improvements is $15,000.00.
The money spent for this suggested improvement will be for things that you can see
and touch... things that will last a lifetime for the Saratoga Little League and the City of Saratoga.
The results will be immediate, dramatic, and enjoyed by generations of Little Leaguers in the City
of Saratoga.
Very truly yours,
Tom Barnum
PLANNED IMPROVEMENTS
For. The Majors Field
1. Blockhouse behind the backstop (will contain
scorekeeper booth, public address system, and
all essential field maintenance equipment)
2. Enlarged Bleachers,,
3. Concrete Pads ' Under Bleachers
4. Shade Screens Above Bleachers
5. Concrete Floor in Both Dugouts & On -Deck Areas
6. Chain Link Fence to Roof and Fully Enclose Both
Dugouts & On -Deck Areas
7. Plywood (Painted Green) to Cover 3 /4ths of Roof
of Both Dugouts & On -Deck Areas
8. Two Bullpens (each with Mound, Pitching Rubber,
and Home Plate)
9. Signage ( "Saratoga Little League Majors Field ")
10. Display Board consisting of Plexiglass Case for
announcements, standings, and information
11. Grass Infield
12. o irmoo Km(EmT listing all persons who contribute
$500 or more to this project.
AGREEMENT CONCERNING USE
OF CONGRESS SPRINGS PARK
THIS AGREEMENT, dated ��i, by and between THE
CITY OF SARATOGA, a municipal orp anon ( "City"), and SARATOGA
LITTLE LEAGUE BASEBALL, INC. ( "Little League ") , is made with
reference to the following facts:
A. City is the owner of a public park located on Glen Brae
Drive known as Congress Springs Park ( "the Park "), in which City
has constructed facilities, including ballfields, a snack shack
and parking areas.
B. Little League has regularly utilized the Park for the
conduct of games and practices during its season and desires to
continue such use.
C. Little League has constructed a building at the northwest
corner of the Park which is used by Little League for storage
purposes ( "the Storage Building ").
D. Little League and American Youth Soccer Organization -
Region 27 ( "AYSO") jointly own certain equipment installed within
the snack shack, as described in Exhibit "A" attached hereto and
made a part hereof.
E. City and Little League desire to execute this Agreement
to establish their respective rights and obligations concerning the
use and maintenance of the Park.*
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Times of use. Little League shall inform City as to the
approximate starting and ending dates of its baseball season. Such
notice shall be furnished to City at least thirty (30) days prior
to the commencement of the season. Little League shall be entitled
to the exclusive use of the ballfields and snack shack seven days
per week during the conduct of its games and practices. At all
other times, the snack shack shall be closed but the ballfields
shall remain open for use by the general public and organized
activities as authorized by City.
2. Responsibilities of City. City shall be responsible for
the following:
(a) Preparation of the turf fields at the beginning of
each season including overseeding, fertilizing, and
application of pesticide to control weeds in the
infield areas. Thereafter general maintenance of
Revised March 11, 1992 1
the turf fields including mowing, irrigation and
maintenance of the irrigation system. Little League
shall make arrangements with City for a preseason
inspection of the ballfields,-at which time Little
League shall advise the City of any objections to
the condition thereof.
(b) Providing utility services for the snack shack.
(c) Removal of trash from the trash containers in the
Park.
(d) Maintenance of the restrooms within the snack shack
and the exterior of the building.
(e) Maintenance and changing of locks on the snack shack
doors.
(f) Installation and removal of outfield fences and home
plate.
(g) Field•markings.
. 3. Responsibilities of Little League. Little League shall
be responsible for the following:
(a) Maintenance and repair of the equipment within the
snack shack owned by Little League and AYSO,
together with general custodial care of the snack
shack interior and general clean -up of the restrooms
and storage room within the snack shack building.
(b) Maintenance and repair of any item or piece of
equipment directly related to use and maintenance
of the park by Little League.
(c) Clean up litter and debris after each game or
practice and deposit of all garbage in the trash
containers.
(d) Maintenance of all three in- fields
(e) Maintenance of the three electronic scoreboards.
4. Rental charge. In consideration for the additional
maintenance and other services provided by City, as hereinabove
described, and for the exclusive use of the Park, Little League
shall pay a rental charge to City in the amount of $1,500.00 for
each season during the term of this Agreement. Such rental charge
shall be due and payable.on May 1st.
Revised March 11, 1992 2
5. Indemnification of City. Little League agrees to
indemnify and hold City, its officers, officials, employees,
volunteers, boards and commissions free and harmless from and
against any and all claims, demands, causes of action, damages,
liabilities, costs or expenses (including the expense of attorney's
fees for defending any action brought against. City or any of its
officers, officials, employees, volunteers, boards or commissions),
arising out of or in any manner relating to the use and maintenance
of the Park by Little League.
6. Insurance. During the term of this Agreement, Little
League shall maintain in full force and effect broad form
comprehensive liability insurance providing occurrence coverage of
not less than $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. Little League
shall furnish to City an endorsement to its policy in the form of
Exhibit "B" attached hereto.
7. Term of Agreement. This Agreement shall becom fe
e fctive
upon execution by the parties and shall terminate on 9 •
Little League may cancel this Agreement by giving written hotice
to City not less than sixty (60) days prior to the commencement of
its season. City may cancel this Agreement by giving written
notice to Little League not less than one hundred twenty (120) days
prior to the date on which the annual rental charge specified in
Paragraph 4 would otherwise be due and payable.
S. Successors and assigns. This Agreement shall inure to the
benefit of and shall be binding upon the successors of the parties
hereto by merger, consolidation, incorporation of an existing
unincorporated association or the formation of additional branches,
divisions or regions, but otherwise this Agreement is neither
transferable nor assignable.
9. Cancellation of prior agreement. This Agreement
supersedes and cancels the prior agreement executed between City,
Little League and other parties dated January 20, 1988, and the
same is hereby declared to be of no further force or effect.
Revised March 11, 1992 . 3
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
THE CITY OF SARATOGA, a
municipal corporation
By / - )Jayor
Attest
City Clerk
273 \agree \H ttle.leg
Revised March 11, 1942
4
SARATOGA LITTLE LEAGUE BASEBALL,
INC.
B1�.
Y
President
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. z ��-� AGENDA ITEM
MEETING DATE: FEBRUARY 161 1994 CITY MGR.
ORIGINATING DEPT.: PUBLIC WORKS
SUBJECT: Modification of Slope Easement on Lot 13 of Tract No.
7761, Mt. Eden Estates - Owner: Harbor Builders, Inc.
Recommended Motion(s): 1. Move to adopt the resolution abandoning
the existing slope easement. 2. Move to adopt the resolution
accepting the new slope easement.
Report Summary: Harbor Builders, Inc., the owner of Lot 13 in Tract
No. 7761 (Mt. Eden Estates) , is requesting that the City allow a
modification to the slope easement on the property so that the
easement corresponds with the slope as constructed. The existing
slope easement encumbers more of the property than the physical
slope does and actually extends into a portion of the building site
on the lot. The owner's engineer has staked both the existing and
proposed easements on the property and has prepared a legal
description of the modified easement which corresponds with where
the slope physically exists. I have checked this and determined
that the request is reasonable, therefore I am recommending that
the. Council approve the request by adopting the two resolutions
attached.
Fiscal Impacts: None to the City. The easement documents were
prepared by the owner and will be recorded by the City at no cost.
Advertising, Noticing and Public Contact: Nothing additional.
Consequences of Not Acting on the Recommended Motions: The existing
slope easement will remain on the lot.
Follow Up Actions: The two resolutions will.be recorded.
Attachments: 1. Resolution abandoning existing easement with
exhibits. 2. Resolution accepting new easement with exhibits.
dt-
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. aZ 13 AGENDA ITEM
MEETING DATE: FEBRUARY 16, 1993 CITY MGR. '
ORIGINATING'DEPT.: PUBLIC WORKS L ,
SUBJECT: Acceptance of Offer of Dedication of Pedestrian and
Landscape Easement along Fruitvale Avenue in connection with the
Kerwin Ranch Subdivision, Tract No. 8559
Recommended Motion(s): Move to adopt the Resolution accepting the
Offer of Dedication.
Report Summary: One of the conditions of Tentative Map approval for
the Kerwin Ranch subdivision, Tract No. 8559, requires the
subdivider to dedicate to the City a pedestrian and landscape
easement along Fruitvale Avenue. Another condition requires the
subdivider to dedicate an easement along Wildcat Creek to the Santa
Clara Valley Water District. Because a portion of these two
easements overlap one another, it is advantageous for the City to
accept the overlapping portion of the pedestrian and landscape
easement at this time, so it is preserved as such after the Water
District accepts their easement.
The attached resolution, if adopted, would accept the overlapping
portion of the landscape and pedestrian easement offered by the
subdivider. The remaining portion of the easement along Fruitvale
Ave., as well as the Water District's easement, will be offered by
the subdivider on the final map for the subdivision. The City
Council can then accept the remaining portion of the landscape and
pedestrian easement when it approves the final map.
Fiscal Impacts: None. The legal description and deed were prepared
by the subdivider and the recording will be done by the City at no
cost.
Advertising, Noticing and Public Contact: Nothing additional.
Consequences of Not Acting on the Recommended Motions: Not Acting on the Recommended Motions: The easement
will not be accepted by the ,City at this time. If delayed until
the final map is approved, it's possible that the Water District
will secure their easement first which could complicate the City'.s
efforts to secure the landscape and pedestrian easement afterwards.
Follow Up Actions: The resolution and deed will be recorded.
Attachments: 1. Resolution adcepting offer of dedication.
2. Grant of easement with exhibits A and B.
3. Letter from JMH, Inc. dated February 1, 1994.
';:ALLEY TITLE COMPANY
F,scrow #
Co. Bill #
Code Area
WHEN RECORDED MAIL TO
� J
MAIL TAX STATEMENT TO E A S E M E N T
Name D E E D
Addrau
City 8
State
12 1994
The undersigned Grantor declares
the fax to be
County Transfer Tax $
_Equity Full Value
Janaury ,
By this instrument dated for a valuable City Conveyance Tax $
consideration,
KERWIN RANCH, LP, a California Limited Partnership,
hereby GRANT (S) to
CITY OF SARATOGA, a municipal corporation
the real property situate in the . City of Saratoga,
County of_—__— Santa .Clara ___ . State of California,. described as follgws:
AN EASEMENT FOR PEDESTRIAN AND LANDSCAPE PURPOSES OVER THE FOLLOWItG DESCRIBED
PROPERTY
LEGAL DESCRIPTION IS ATTACHED HERETO AS EXHIBIT "A ".
PLAT MAP IS ATTACHED HERETO AS EXHIBIT "B".
KERWIN RANCH, LP, a California
r
Limited Partnership
By : 1�.. rl'.1.;w
GENERAL ACKNOWLEDGMENT
Slate of California
SS.
County of
On 1- 21-94 before rne, the undersigned, a Notary Public in and for said State, personally appeared
L111da J. k(Avl'5
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namc(s) is /are subscribed to. the within
instrument and acknowledged to me that lie /she /they executed the same in his/her /their authorized capacity(ics), and that by his/her /their
signalurc(s) on the instrument the person(:,), or the entity upuu behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SignatureZ�
THIS CERTIFICATE AIUST BE Type or Title of Document
ATTACHED 7'0 '1'llr DOCUN1LN•r
DESCRIBE -111 AT RIG11'1' Date of Document
T , TAVAY L. FRICS7
e7t� ,. m C;:mtTt• fi lUC!�SJJ .
L � ,, NOTARY NIOLIC - CAL'fGi2NLA
"' Santa clans County �J
IFOS My Comm. Expires Sept. 22,1997 .4
V
No. of Pages
DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF SARATOGA, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 5.345 ACRE TRACT
DESCRIBED'IN DEED TO WEST VALLEYBAPTIST CHURCH. A CALIFORNIA
CORPORATION, RECORDED IN BOOK 7177, PAGE 516, OFFICIAL RECORDS OF SANTA
CLARA COUNTY, SAID CORNER BEING IN THE CENTER LINE OF FRUITVALE AVENUE,
DISTANT THEREON N 0 °20'54" E 443.48 FEET FROM THE INTERSECTION THEREOF
WITH THE CENTER LINE OF ALLENDALE AVENUE; THENCE ALONG THE NORTHERLY
LINE OF SAID 5.345 ACRE TRACT, N 81024'49" E 40.12 FEET TO THE SOUTHWEST
CORNER OF THE LAND AS GRANTED TO THE CITY OF SARATOGA BY DEED RECORDED
AUGUST 27, 1968 IN BOOK 8242, PAGE 241, OFFICIAL RECORDS, TO THE TRUE
POINT OF BEGINNING. SAID TRUE POINT OF BEGINNING BEING ALSO THE
NORTHWESTERLY CORNER OF TRACT NO. 4768 AS RECORDED IN BOOK 33") OF MAPS.
PAGE 45, RECORDS OF SAID COUNTY; THENCE N 1 °36'05" W 98.30 FEET TO THE
SOUTHERLY LINE OF PROPOSED TRACT NO. 8.559: THENCE ALONG THE SOUTHERLY
LINE OF'SA ID PROPOSED TRACT NO. 8559, S 7105")'10" W 20.00 FEET TO A POINT
IN THE EASTERLY LINE OF FRUITVALE AVENUE AS DESCRIBED IN THE AFORE
MENTIONED GRANT DEED AS RECORDED IN BOOK 8242 AT PAGE 241, OFFICIAL
RECORDS, SAID POINT LYING IN A CURVE BEING CONCAVE TO THE EAST HAVING A
RADIUS OF 730.00 FEET. A RADIAL TO SAID POINT BEARS S 83 °39'03" W: THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71945" AN ARC
LENGTH OF 93.38 FEET; THENCE TANGENT S 13 °4.0'42" E 0.15 FEET TO THE POINT
OF BEGINNING AND BEING A PORTION OF THE QUITO RANCHO.
J.M.H. #3322
,JANUARY 1994
PEDESTRIAN AND LANDSCAPE EASEMENT
AT WILDCAT CREEK
JENNINGS - McDERMOTT - HEISS, INC. CIVIL ENGINEERING - LAND PLANNING
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Civil Engineering
JENNINGS - McDERMOTT - HEISS, INC.
SUITE a'i'f4?✓ // (408) 286 -4555
950 S. BASCOM AVENUE . SAN JOSE. CA 95128
Cite of Saratoga
13777 Fruitvale Avenue
Saratoga. CA 9507/0
Attn.: Lam Perlin
Cite Engineer
Dear Lam
Land Planning
February 1, 1994
Re: Our job T322
Land Surveying
You are presently in the process of plan checking Tract No. 8559, the first
phase of the Derwin Ranch. As part of the development requirements. the
Southerly portion of the property is to be dedicated to the Santa Clara Valle ,,- !C'ater
District for Wildcat Creel.. This dedication must be recorded before Final \,Ia'p
approval.
We are faced. however, with a Catch 22 situation. There is a small portion of
the landscape and pedestrian easement along Fruitvale Avenue that crosses the
Southwesterly corner of the future dedication. In order to protect this easement,
we have prepared a separate document dedicating the necessary easements to the
City of Saratoga across this triangular segment. I would like to have this recorded
before the dedication is made to the Water District. As part of the Final :Map
approval, additional easements will be provided for the rest of the landscape and
path area to the North of Tract No. 8559 along Fruitvale Avenue. These
dedications. however. would be- part of the Final Map recordation.
We would appreciate your assistance in having this easement accepted and
recorded as soon as possible. Please let me know if you need any other data or
fees in order to proceed with the acceptance and recordation. Thanks very much
for your assistance.
Very truly yours,
William Heiss
cc: De Anza Properties
Linda Davis
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2 4/4- AGENDA ITEM 4b-7
MEETING DATE: FEBRUARY 16, 1994 CITY MGR. '
ORIGINATING DEPT.: PUBLIC WORKS
SUBJECT: Approval of MOU Agreement with Santa Clara Valley Water
District concerning Storm Water Infiltration Device
Program
Recommended Motion(s): Move to approve Parts A and B of the
agreement and authorize the City Manager to,sign the agreement on
behalf of the City.
Report Summary: Attached for review and approval is a Memorandum of
Understanding Agreement with the Santa Clara Valley Water District
concerning implementation of a new program aimed at regulating
storm water infiltration devices. The agreement contains two
parts. Part A pertains to existing devices for which the program
is mandatory, and must be signed by the City. Part B pertains to
new devices for which the program is optional. Staff recommends
that the City enter into Part B of the agreement.
The new program will regulate storm water infiltration devices in
an effort to control pollutants from entering underground aquifers
from these devices. The regulated devices include storm water
drainage wells (dry wells, sumps, etc.), infiltration trenches and
galleries, and bubble -ups. Devices excluded by definition include
septic tanks and systems, lined retention and detention ponds,
catch basins; any naturally occurring body of water, underground
utility vaults and groundwater percolation ponds. Devices exempted
from the regulations include residential and building entry way
wells less than ten feet deep, and tree root watering holes also
less than ten feet deep.
Regulatory authority for this program is via the EPA's Underground
Injection Control Program developed under the 1974 Federal Safe
Drinking Water Act. Storm water drainage wells are considered
Class 5 injection wells by the EPA and are considered to have a
moderate to high groundwater contamination potential. Additional
authority is contained in a 1992 amendment to the Regional Board's
San Francisco Bay Basin Water Quality Control Plan (Basin Plan)
entitled "Shallow Drainage Wells ", and which requires local
agencies to develop a shallow drainage well control program. Other
authority exists in the enabling act for the Water District where,
for example, the District is empowered to prevent contamination or
pollution of groundwater, and in the state's Porter - Cologne Water
Quality Control Act.
The MOU is crafted so that cities can enter an agreement with the
Water District to regulate, inventory and control storm water
infiltration devices in accordance with the District's new policy
governing these devices. Part A of the MOU must be signed to allow
continued use of existing storm water, infiltration devices, while
Part B of the MOU only needs to be signed to allow construction of
new infiltration devices. Signing the agreement allows the City to
work cooperatively with the District to implement the program.
By signing the agreement-; the City is committing to-`perform' four
functions relative to the decision to maintain use of existing
devices and to allow new devices. These functions are:
1. Administering an educational program as part of the City's
NPS program by applying. educational and public information elements
to include storm water infiltration devices.
2. Preparing an annual report to the District of locations of
existing infiltration devices found during Hazardous Materials or
NPS inspections.
3. Providing the District with land use information and
working with the District to prioritize high risk areas for
eventual elimination or monitoring of high risk infiltration
devices.
.4. Implementing a regulatory oversight program for
construction of new devices and notifying the District of proposed
devices regulated under the policy.
i
Although this may seem like a lot of additional work to do for
another mandated environmental program, my instinct tells me that
this will not necessarily be the case. This is because Saratoga, ,
as a primarily residential city, is generally a low risk area and
the use of storm water infiltration devices within the City is
fairly limited. However, by signing both parts of the agreement,
the City will retain the flexibility to allow new devices to be
installed when and where appropriate, while ensuring that existing
devices do not contribute to groundwater problems. In my opinion,
the environmental benefits of such a program outweigh the limited,
mostly. administrative, additional costs.
Fiscal Impacts: It is difficult to estimate the costs associated
with this program at this time. Clearly, there is a sufficient
budget for the Water Quality Management activity, Program No. 20,
to fund any of the direct costs associated with the program. Most
of the program activities however, will be absorbed into existing
activities such as plan checking and inspections. If it is assumed
that direct program costs will amount to only a small percentage of
the NPS program costs, then the cost associated with this program
should be in the $3,000 to $7,000 range annually.
Advertising, Noticing and Public Contact: Nothing additional.
Consequences of Not Acting on the Recommended Motions: The
agreement will not be approved and the City will not be a
participant in the program. The exact impacts of this are not
clear at this time.
Follow Up Actions: Two signed copies of the agreement will be
transmitted to the Water District for execution-by them. Initial
activities to begin implementation of the program will most likely
take place later.this spring.
Attachments: 1. MOU Agreement.
2. SCVWD Resolution No. 93 -59.
3. SCVWD supplemental well standards.
SANTA CLARA VALLEY WATER DISTRICT
RESOLUTION NO. 93 -59
REGARDING STORM WATER INFILTRATION DEVICES
WHEREAS, it is believed that the proper construction, use and maintenance of storm water infiltration
devices may reduce the flow of contaminants into South San Francisco Bay; and
WHEREAS, there are types of land use which pose a high risk of groundwater contamination and areas
where groundwater is highly vulnerable to contamination; and
WHEREAS, storm water infiltration devices allow surface water pollution to enter the - subsurface and
bypass the unsaturated zone increasing the potential for groundwater contamination; and`
WHEREAS, groundwater basins in Santa Clara County provide about 50 percent of th e County water
supply as well as important natural water storage, distribution, and filtration capacities for enhanced
management of surface and groundwater supplies; and
WHEREAS, the. Santa Clara Valley Water District (District) Act (Stats. 1951, c. 1405, as amended)
empowers the District to prevent contamination or pollution of groundwater basins in Santa Clara County
and under authority of said Act, the District administers standards and ordinances regulating construction,
destruction,. and maintenance of wells or other deep excavations; and
WHEREAS, the Federal Clean Water Act and the Regional Water Quality Control Board ( RWQCB) San
Francisco Bay Basin Water Quality Control Plan Amendments dated September 1992 require protection
of San Francisco Bay from nonpoint source discharges and the Federal Safe Drinking Water Act requires
the permitting and registration of all storm water infiltration devices; and
WHEREAS, the RWQCB San Francisco Bay Basin Water Quality Control Plan Amendments prohibit
the unauthorized construction and use of storm water infiltration devices and requires the implementation
of a control program to locate existing devices. and regulate the construction and usage of existing and
new devices; and
WHEREAS, it is the District's objective to coordinate groundwater protection and storm water quality
improvement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Di
hereby rectors of the District that said Board
1. Will undertake a cooperative program with City and County jurisdictions to register existing storm
water infiltration devices and report the existence of the devices to the U.S. Environmental Agency
as required by the Federal Safe Drinking Water Act; and
2. Will issue and administer permits for any new storm water infiltration devices as defined in the
District Well Standards under authority of the District well ordinance; and
3. Prohibits construction of new storm water infiltration devices except in low risk areas where the
City or County having jurisdictional authority has executed a Memorandum of Understanding
(MOU) with the District or, by similar instrument, has established a regulatory oversight and
FL0726b
Resolution Regarding Storm Water Infiltration Devices
control program for such storm water infiltration devices in accordance with the District
"Standards for the Construction and Destruction of Wells and Other Deep Excavations in Santa
Clara County "; and
4. Requires that all local jurisdiction programs for regulatory oversight and control of storm water
infiltration devices shall include necessary regulatory elements as defined in the MOU to provide
reasonable and adequate protection of groundwater from contamination caused by the use of storm
water, infiltration devices; and
5. Agrees to assist such local jurisdiction programs by providing necessary standards and technical
guidance to facilitate the implementation of those local programs; and
6. Will implement a program which may include requiring the destruction of any or all storm water
infiltration devices in those jurisdictions where a local jurisdiction program is not being
implemented by execution of a MOU or similar instrument with the District by July 1994; and
7. Will conduct an evaluation of risk associated with allowing storm water infiltration devices to'exist
within vulnerable areas of the groundwater basin with high risk land use types; and
8. Will assist the City and County jurisdictions to prioritize destruction of existing devices in the
highest risk areas of the County and develop an implementation plan and schedule consistent with
the level of risk posed; and
9. May prohibit, permit, exempt from permit, or require destruction of any individual or category of
storm water infiltration .devices based on site specific or other special considerations or
circumstances.
0
FL0726b 2
e
r
Resolution Regarding Storm Water Infiltration Devices
PASSED AND ADOPTED by the Board of Directors of Santa Clara Valley Water District on
Mr, 2 4 IM by the following vote:
AYES: Directors J. DONOHUE P. T. FERRARO R. W. GROSS 1. JUDGE
J,
J. LENIHAN J. PANDIT S. SANCHEZ
NOES: Directors NONE
ABSENT: Directors NON9
ATTEST
1_! Lauren L. Keller
Susan ff°°��. Pino
Cler" f the Board
�,JL 771
FLO726b 3
SANTA CLAiZA VALLEY WATER DiSTRICT
VS/ JOE DONOHUE
By:
Chairman/Board of Directors
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2 J AGENDA ITEM :14
MEETING DATE: February 16, 1994 CITY MGR. '
ORIGINATING DEPT. FINANCE DIRECTOR
SUBJECT: ANNUAL REVIEW OF INVESTMENT POLICY
Recommended Motion(s): Adopt the amended Investment Policy.
Report Summary: On February 8, 1994, the Finance Advisory
Committee met to review and approve the annual update of the
Investment Policy.
The following changes are recommended and have been incorporated
into the Investment Policy:
Section II. Varied Investment Program - Qualified Government
Securities Mutual Funds have been discarded as authorized
media. for investment by the City of Saratoga. These
instruments can have a potential principal risk. The City has
never invested in this media. We do not have the staffing
resources to permit, active portfolio management in- house.
Section III. B. 1. Investment of Operating Reserve - Specific
reference as to the amount and calculation of the Reserve has
been deleted. The F.A.C. will report its recommendations for
the Operating Reserve on 3/16/94.
Section 'III. B. 2. Investment of Reserve for Housing
Assistance - Specific reference as to the amount of the
Reserve has been deleted. The F.A.C. will recommend a
revision of the Housing Assistance Policy at a later date.
Section IV. Statement of Responsibility - Reference to
Government Code Section 53646 is deleted. The requirement for
annual review is no longer a part of the Government Code of
the State of California.
No other changes are being recommended at this time.
Fiscal Impacts: None.
Advertising, Noticing and Public Contact: None.
Consequences of Not Acting on the Recommended Motions: None.
Follow Up Actions: City Clerk will certify the updated Investment
Policy.
Attachments: Amended Investment Policy dated 2 /16/94.
1-1
DATE:
TO:
FROM:
SUBJECT:
L:
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438
COUNCIL MEMBERS:
Karen Anderson
Ann Marie Burger
Willem Kohler
Victor Monia
MEMORANDUM Karen Tucker
February 16, 1994
City Council
George White, Secretary
Heritage Preservation Commission
Contract to Transplant Trees in the Heritage Orchard
In December, Matt Novakovich approached the Heritage Commission
and indicated that through his normal maintenance of the Heritage
Orchard that it had become clear that over 400 fruit trees needed
to be replaced.
One of the Heritage Commissioners, Linda Davis, offered to donate
a number of mature, fruit bearing trees for the purpose of
transplanting them from her Kerwin Ranch property to the Heritage
Orchard. These trees were scheduled to be removed when the approved
Kerwin Ranch subdivision was fully developed.
In February, Mr. Novakovich submitted an estimate to the Heritage
Preservation Commission to transplant these trees (a copy of the
estimate is attached for reference). The estimate calculates that
62 three year old fruit trees could be transplanted over the course
of two and a half days at a rate of $976.00 per day or a total of
$2440.00. It was also reported that the time frame for this project
was limited due to the fact that the dormant season for these trees
(the optimum transplanting period) usually ended in late February.
Linda Davis felt that it was extremely unlikely that the trees
would be still be available at this time next year.
The Heritage Commission reviewed this estimate and unanimously
supported this project if funds were available. The Commission felt
strongly that the City should seize the opportunity to obtain these
mature, fruit bearing trees for the Heritage Orchard. They believed
that the cost of buying similar mature trees would be prohibitive
and considered the fact that the survival rate of transplanted
mature trees was greater than that of seedlings. The Commission
concluded that this project could constitute the first positive
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step in replanting the Heritage Orchard. They directed staff to
work with Larry Perlin, Public Works Director and Bob Rizzo, Parks
Superintendent, to see if this transplanting could be achieved.
A staff meeting was arranged in which the cost estimate was
reviewed and it was proposed that projected savings in the Heritage
Lane Safety Tree Trimming budget (3031 -4510) could be diverted for
this the completion of this project.
Recommendation:
The Heritage Commission and staff strongly supports approving
$2440.00 from the Heritage Lane Safety Tree Trimming budget to be
used to take advantage of the opportunity to transplant 62 mature
fruit trees from the Kerwin Ranch property to the Heritage Orchard.
Res ctfully submitted,
George W ite, Secretary
Heritage Preservation Commission
attachment
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s.timate 4 < trans- planting -- trees from : Y,erwi
ranch . to ity. ?�eritage- orchard.. Trees should -be
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anc -sev °_r, apricots.. t e .could alse try to tra splant
a few of the four ;year old apricots -and see
smK if-we would be - successful -at .r awing them, n
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ve• `you" an estimate o 'i r ovine the
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