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HomeMy WebLinkAbout08-13-1981 CITY COUNCIL AGENDACpiJ -��e CITY OF SARATOGA Initial: AGENDA BILL NO. Dept. Hd. DATE: Aug. 11, 1981 C. Atty. DEPARTMENT: City Clerk C. Mgr. SUBJECT: RESOLUTION IN RECOGNITION OF CONTRIBUTIONS OF SHER,%N MILLER Issue Summary It would be appropriate for the City Council to recognize the contributions of Mr. Miller as long -time editor and publisher of the Saratoga News and extend condolences to his family on his death August 9, 1981. Recomnendation Pass resolution. 1 Fiscal Impacts None. Exhibits /Attachments Resolution. Council Action 8/19: Clevenger /Mallory moved adoption of Resolution 1027. Passed 5 -0. • RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CI'T'Y OF SARATOGA IN RECOGNITION OF THE VALUED CONTRIBUTIONS OF SHERMAN MILLER TO THE CITY THROUGH MANY YEARS OF SERVICE IN THE FIELD OF JOURNALISM WHEREAS, Sherman Miller founded the Saratoga News, which has furnished residents of Saratoga with timely information and entertainment since September 1, 1955; and, WHEREAS, Mr. Miller served as editor of the Saratoga News for many years and remained active as a contributor until his death on August 9, 1981, skillfully blending articles of all types with photographic coverage to produce a newsy, bright, and help- ful newspaper; and, WHEREAS, he was one of the leaders in the movement for incorporation of the City of Saratoga on October 22, 1956; and, WHEREAS, Mr. Miller was for many years well known to Councilmembers and City staff as one who maintained a lively interest in City affairs; and, WHEREAS, he will be greatly missed by Councilmembers and staff as a friend and associate. • NOW, TARE, BE IT RESOLVED, that the invaluable services rendered to Saratoga by Shernlan Miller are hereby recognized by the Saratoga City Council, and condolences are extended to Wilma Miller, his wife of many years; their son, Dr. Malcolm Miller; and their grandson. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1981, by the following votes: AYES: NOES: MAYOR, City of Saratoga, California ATTEST: M 21_. CI'T'Y OF SARATOGA AGENDA BILL NO.� DA'L'E: August 14, 1981 DEPAMx 1fM: City Manager SUBJECT': REGULATION OF SECOND HAND MERCHANDISE DEALERS TO ASSIST IN IDENTIFYING STOLEN GOODS Initial: Dept. Hd. C. C. Mgr. Issue Summary 0RS During the past several years, the incidence of burglary has increased many fold. Part ofjthe reason for this increase is attributable to the strong market in second hand or "antique "rand in precious metals. Such goods are easily "fenced" or traded through second hand goods or antique shops, whether knowingly or innocently on the part of the dealers. To combat the crime by providing an easier means of identifying stolen goods when offered for trade or sale, the Sheriff's Department recommends that we adopt an ordinance, identical to one passed by the Board of Supervisors, that requires merchants and dealers in second hand goods to hold such goods in their original state for a 30 -day period, and to allow a peace officer to examine such goods during this period. A $30.00 license fee is imposed and would be collected by the Sheriff to process applications for registration. Recomnendation Introduce ordinance by reading title only. Fiscal Impacts Minimal fiscal impacts upon the City are anticipated. There are a small number of dealers and merchants in Saratoga who would be affected., All are believed to be legitimate dealers who should not be adversely affected by the requirements of the proposed ordinance. All dealers have been notified of the proposed ordinance by the Sheriff's office. Exhibits /AtttachTenis Draft ordinance Council Action 8/19: Mallory /Clevenger moved introduction by title only and waiving of further reading. Passed 5 -0. Mallory /Jensen moved adoption of Ordinance 38.102. Passed 5 -0. • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE V OF CHAPTER 4 OF THE CODE OF THE CITY OF SARATOGA BY ADDING DIVIS -TO'N 6, ENTITLED "SECONDHAND DEALERS" The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. Article V of Chapter 4 of the Saratoga City Code is hereby amended by the addition of a new Division 6 to read as follows: DIVISION 6 SECONDHAND DEALERS Sec. 4 -143. Authority. Pursuant to the authority provided in Article 4 (commencing with,Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code, the City of Saratoga establishes the following requirements for the conduct of any secondhand dealer business located in the City of Saratoga. Sec. 4 -144. Definitions. The definitions contained in Article 4 of Chapter 9 of Division 8 of the Business and Professions Code are incorporated herein. Sec. 4 -145. Right of Inspection of Records. Every secondhand dealer licensed under Business and Professions Code section 21641, shall produce his or her business records for inspection by the following persons: (a) Any officer holding a warrant authorizing him to search for tangible personal property, as defined in Business and Professions Code section 21627. (b) Any person appointed by the sheriff of the county. (c) Any officer holding a court order directing him to search for tangible personal property, as defined in Business and Professions Code section. 21627. Such inspection shall be for the purpose of insuring compliance with the reporting requirements of the Business and Professions Code section 21628. Sec. 4 -146. Right of Inspection of Property. Every secondhand dealer licensed under Business and Professions Code section 21641, shall produce for inspec- tion, upon request of any officer specified in the previous section, all tangible personal property, as defined in Business and Professions Code section 21627, which such secondhand dealer shall have acquired in the course of business within the previous 30 days. Such inspection shall be for the purpose of insuring compliance with the reporting requirements of Business and Professions Code section 21628. Sec. 4 -147. Alteration of Original State. All tangible personal property, as defined in Business and Professions Code section 21627, acquired in the course of business and subject to the reporting requirements of Business and Professions Code section 21628, shall be segregated and shall not be altered from its original state and appearance until after the 30 day period as specified in Business and Professions Code section 21636 or until earlier release pursuant to Business and Professions Code section 21636. -2- n r� L J • • • Sec. 4-148. License Application Fee; Investigation. The fee for processing an application for a license under Business and Professions Code section 21641 shall be thirty dollars ($30.00) in addition to any fee required by the Department of Justice. The fee for renewal of a license shall be thirty dollars ($30.00). Secs. 4 -149 to 4 -199. (Blank.) SECTION 2. 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, 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, sub- section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 3. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted this day of 1981, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK -3- MAYOR CITY OF SARATOGA Initial: AGENDA BILL NO. Dept. Hd. DATE: August 5, 1981 C. Atty. DEPARTMENT. Planning C. Mgr. ------------------ - - - - -- ----- - - - - -- Approval of a rezoning from R -1- 12,500 to R -M -4000 at SUBJECT: 14239 Saratoga- Sunnyvale Road (C -197) Applicant- Clarence Neale Issue Summary On July 8, 1981, the Planning Commission passed a resolution recommending that the 1.16 acre site be rezoned from R -1- 12,500 to R -M -4000. This rezoning would bring the zoning of the site into. conformance with its general plan designation as apartments. The applicant has indicated he wishes to locate two of the structures to be removed from the Saratoga Federated Church property onto the site for senior citizen housing. Recommendation 1. Conduct the public hearing on the rezoning. 2. Determine the merits of the rezoning and approve or deny. 3. Staff recommended approval to the Planning Commission. Fiscal Impacts None anticipated Exhibits /Attachments 1. Planning Commission Resolution 2. Negative Declaration dated June 29, 1981 3. Staff Report dated July 1, 1981 4. Minutes for the July 8, 1981 Commission meeting 5. Site maps Council Action 8/19: Mallory /Callon moved to approve rezoning. Passed 5 -0. 1 , 4. ,r�ISt,ly.jUa4 a� �� ,I f,- ar 1�`yf ap �., d• - r ?RESOLUTION 'NO..". C -19 7 - -d,d ;Q' KESOLUTION RECOMMENDING PROPOSED AMENDMENT TO t +qtr +xg +;W, {THE ZONING ORDINANCE OF THE CITY OF SARATOGA _ r ,o e � u k Jr>�.t�•ntR�L�r 14,, 'C t �L„ r'w 51 ,Y'��•� 4t \ t•' t x,, t: $ ti c rr •; y� 3 ' 4 r. %W Y w r< •F ifs r i.L �yt:. S � r a a _ r Nr" - y WHEREAS,' the Commission held a Public Hearing on said proposed s;;K r J1 F amendment, which Public Hearing was held at the following time and place rfi z }� Y'A� ri � s,to wit. At the hour of 7 30 p.m on the 8th day of July, 1981 at the City Council ,Chambers, 137V77 Fruitvale Avenue, Saratoga, California; and t + °1{ }ih +iiAt I fir, thereafter said hear, , ing was closed, and WHEREAS, after consideration of the proposed amendment as it '{ ',,would affect the zoning regulation plan of the City of Saratoga, and "after consideration of a Negative Declaration .prepared for the project h`i,sand brought before the Commission, this Commission has made certain ' 11 findings and is of the opinion that the proposed amendment attached here } .. to and marked Exhibit "A" should be affirmatively recommended to the H af. City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of.Saratoga as follows: That the proposed amendment attached hereto „. be and the same is hereby affirmatively recommended to the City Council �i of the City of Saratoga for adoption as part of the Zoning Ordinance of "1 y said City, and that the Report, of Findings of this Commission, a copy of which report is attached hereto and marked Exhibit "B ", be and the same 'd s' hereby approved, and " BE IT FURTHER RESOLVED that the Secretary is directed to send a { co py of this Resolution,of Recommendation with attached Proposed Amend- ment and Report of Findings and a summary.of hearings held by this Com y 1. r l3 . 7a tmisSion to the City Council for further action in accordance with State ,...._ `' , ,. F } YrF Law ;t I, yv ) ,, + .: t •: , � - t "'l-.PASSED AND ADOPTED by the City of Saratoga Planning Commission, } >t r p , C # #>.State` of alifornia, this 8thl day of July, 1981, by the following roll t�'� i call vote ctrt5� F,�,• 7r i. � �i'3° ' -N ComrmL i� s�, st ir ot ,n'v, e,r� s Bolger + , . C� ro' .. Lade n sm AYES ; t r,. y �' i ,L' yJ.'t' Jt •' ':r r c tiP Commissioners Schaefer and Zambetti L� t Commissioner Monia ABSENT v �� .� "'!t'�s S�f. ' yt. rf i s"y.'.�. a �a , ;^t� btr+,., r 'r•r > f� r ,. ", /L•G '- G D a air an o t e Planning Commission I IC 7 PTMnTN(;.0 C -197 EXHIBIT "B" 1. The proposed rezoning will bring the zoning of the site into confor- mance with the Land Use Element of the 1974 General Plan of Saratoga. 2. The rezoning is required to achieve the objectives of the zoning ordinance as prescribed in.Section 1.1 of said ordinance. 3. The proposed rezoning will not have a significant impact on the environment (Negative Declaration determined to be an appropriate document). File No: C -197 DECLARATION TBAT J:1,IVTI'.ONI.ENTAL IMPT,CT REPORT NOT R17.QU IItED .(Negativc'Declaration) Environmental Quality Act of 1970. Tho undersigned, Director of Planning and Environmental Control of the CITY OF SARAT03A, a Municipal Corporation; after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Lnvironmcntal.Quality Act of 1970, Sections 15030 th ouc;h 15023 of the California Administrative Code, and Resolutiolz 653 - of the City of Saratoga, that the following described project will have no si.gni=icant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. PP.OJL'CT DESCRIPTIOi1 Rezone a 1:16 acre parcel from R- 1- '12,50b to RM -4000. The site is located at 14230 Saratoga - Sunnyvale Road and identified as.APN 397 -27 -15 in the records of the Assessor of the County of.Santa Clara.— The action is required to bring the General Plan and zoning into conformance. pA1,1E ANTD ADDRESS OF APPLICANT Mr. Clarence N. Neale 14165 Saratoga-Sunnyvale-Rd. Sarato a �A 9 070 TZEhSO� I• "0 NE ATIVE DECLARATION The.proposed project will not have a signifi.cant adverse impact on the environment since-it is an infill project which will not require the significant.extensioji: of.urban.services and will comply with current codes and ordinance when the project is physically developed. E::ecuted at Saratoga, California this 29th day of' June R. S. ROBINSON, JR. DIRECTOR OF PLANT\ II`G AND EI`��IROI.r l:i�7 CO '2111: CITY 0 ISAI'.ATOGA , E DIRECTOR' S AUT11011IZED TAFr MEMBER C C REPORT TO PLANNING COMMISSION DATE: 7/1/81 Commission Meeting: 7/8/81 SUBJECT t C -197 - Clarence W. Neale 14230 Saratoga - Sunnyvale Road REQUE ST: Rezone the subject parcel identified as A.P.N. 397 -27 -15 -from R -1- 12,500 (Single - Family Residential) to R -M -4,000 (Multi - Family Residential). ENVIRONMENTAL ASSESSMENT: A negative declaration for this project. has een prepared. PUBLIC NOTICING: This project has been advertised by publishing in the newspaper, posting, and by mailings to 89 nearby property owners. GENERAL PLAN DESIGNATION: Apartments ZONING: R -1- 121500 SURROUNDING LAND USES: Single family residential (R -1- 10,000 and R -1- 12,500) to the north and east; multi - family residential (R -M -3000 and R -M -4000) to the south and west. SITE SIZE: 1.16 acres (50,529 sq. ft. ±) SITE SLOPE: Gentle STAFF ANALYSIS: The current R -1- 12,500 zoning for the site is not consistent with the apartments designation established for the site in the 1974 General Plan. The purpose of this application is to remove this inconsistency and bring the zoning of the site into conformance with the General Plan as per Section 65860 of the Government Code. ;.Staff feels that under certain conditions the site would -be appropriate for higher density development. The site is currently occupied by two dwelling units which will remain on the site. The applicant proposes, for the time being, to relocate the two structures on the Saratoga Federated Church site to his property. The structures would be brought up to code and placed between the exist- ing structures. The units would be rented to senior citizens at a cost - of $ 350..to $400-per--month. - - — ----- --- --- - -- - - Report to Planni — Commission 7/1/81 C -197 Page 2 Access to the site from Saratoga- Sunnyvale Road is through Neale's Hollow Lane and Arbeleche Lane. The applicant has indicated that a 301wide non - exclusive easement allows him access on -the above mentioned routes. However, since the proposed rezoning could increase the max- imum number of dwelling units that would be allowed on the site from 4 units to about 12 units, Staff has determined that a second access to the site is necessary for adequate fire protection and the provision of emergency services. It is also suggested that the entrance to Neale's Hollow be widened to provide easier access to the site. The applicant feels that the present access is sufficient. Under Section 18.11 of the zoning ordinance the Commission.can.recommend to the Council that the site be conditionally reclassified from an R -1 to an R -M district to ensure compliance with community objectives. The conditions that can be applied to the proposed rezoning are: 1. That one of the uses for which the property was reclassified shall be established, and /or 2. That a particular use represented by the applicant as being in- tended by him shall be established, and /or 3. That a particular use and /or structure or structures represented by the applicant as being intended by him shall be established and con- structed, within a specified period of time, and in accord with such plans as presented by the applicant in requesting the change of zoning granted, the nonhappening of which would in such specified period of time automatically reinstate the previous district 'classification ex- isting prior to the ordinance changing the zone. Staff recommends that, if the rezoning is to be approved, a condition be added to require a complete developmental plan for the site, in- cluding a second access to the site, prior to the rezoning becoming effective. Staff has tried to contact the Santa Clara Valley Water District to determine if a second access to the site could be provided from their property immediately to the East. There is an existing gate protected driveway that..could be utilized if the Water District were willing. FINDINGS: If the Commission determines that this rezoning should be recommended for approval by the City Council, the following findings should be made: 1. The proposed rezoning will bring the zoning of the site into con- formance with the Land Use Element of the 1974 General Plan of Saratoga. 2. The rezoning is required to achieve the objectives of the zoning ordinance as prescribed in Section 1.1 of said ordinance. 3. The proposed rezoning will not have a significant impact on the environment (Negative Declaration determined to be an appropriate. document). OPTIONS: 1. Recommend ;conditional approval of the rezoning to t e,City Council. 2. If the Commission feels this proposed rezoning is un- acceptable they should recommend that the General Plan designation for the site shown on the 1974 General Plan Map be ammended to Medium Density Residential to reflect the site's current zoning. Report to Planning (Commission (_ 7/1/81 C -197 ` \ Page 3 This could then be addressed by the General Plan Advisory Committee. 3. Schedule this item for a study session and request further information from the applicant. RECOMMENDED ACTION: Staff recommends that the Planning Commission forward to the City Council the attached resolution recommending con- ditional reclassification of the site's zoning from R- 1- 12,500 to R -M- 4000 to bring the zoning of the site into conformance with the Land Use Element of the General Plan. The following conditions shall be added: 1. Prior to final approval by the City Council of this request, the applicant shall prepare a total site development plan showing the place- ment of existing and future structures for Planning Commission and City Council review and approval. Applicant-shall also submit proof of a viable secondary access to the site to provide adequate fire and emer- gency access. 2. The structures shown on the above mentioned site development plan shall be in place within two years of approval of that plan by the City Council. If this is not accomplished, the rezoning of the site shall revert to R -1- 12,500. Approved: Michael Flores, Assistant Planner MF /as P.C. Agenda: 7/8/81 t l 4 H '� � r V /�Ybit1•j "y�rcq�,J�'�ia' )� °��t19.,�;.y1° ,4 y - / � .. '�. ' Commission 1 2 'M Minutes 7/8/81 g ,. }w t F f 'S. -4- ,: , '0?: Y .•' �;'SDR -1499 (conta �w +existing legal lot and the applicant has a right to build on it. i,,•Richard Stowers, architect, 'questioned 1 the condition by the Saratoga >3'Fire District requesting 'a 32 foot radius on site. He explained that �� <a turnaround having'that large a radius would be detrimental to the site ,C '.,because" "of the`trees and topography. It was determined that the Fire llistrict_ does have various options to a standard 32 foot radius turna- �z ound, and Condition V, -,B should read "Construct a turnaround at the prroposed dwelling site having a 32 foot inside radius or other approved re p e turnaround which must meet uirements of the Fire Chief. Details t hf q shall be shown on building lans. P .. ,Commissioner Zambetti moved, seconded by Commissioner King, to approve the Negative Declaration for SDR -1499. The motion was carried unanimously. Commissioner Zambetti moved, seconded by Commissioner King, to approve per the Staff Report dated July 8, 1981 as amended, and Exhibit ' "B ". The motion was carried unanimously. PUBLIC HEARINGS f., 6a. Negative Declaration - C -197 - C. Neale 6b C -197 C. Neale, Consideration of Rezoning from R -1- 12,500 to R -M -4,000 on the 1.15+ acre parcel located at 14230 Saratoga - Sunnyvale Road Staff described the proposed rezoning. They commented that they have 'rt{3 concerns regarding secondary access. The Santa Clara Valley Water District has indicated that up to one - quarter of the site would be taken up by easements due to flood hazards, and this would significantly reduce the ,? `? .� maximum number of allotted units that could occupy the site. Chairman Laden stated that the issue at this time is the rezoning of this [ property to bring it into conformance with the General Plan. She explained that the owners can later bring in a site development plan, at which time yy Y the structures can be conditioned and the access can be addressed. She n rh ,added that the Commission can either suggest a rezoning or General Plan Amendment to the City Council. kr5K�,,' j a The public hearing was opened at 8:05 p.m. r� C: 14 6 S S 1 R d d t, h h ..._. .. larence Neale, 1 5 aratoga- unnyva e oa , state t at e as two .'accesses to the property in his deed, both of which are accessible to ,,'..A,<-..Highway 85. He explained the history of the site, explaining that the ,5,,,_ property had previously been zoned R -M -4,000 and had not been developed; s ;';therefore the zoning had reverted back to R -1. Mr. Neale described the cess roads.and the proposed project, stating that he wished to build ?iecunits for senior citizens on this property. 1 The Deputy City Attorney clarified that the rezoning'of the property },.would not give building site approval; that can be dealt with at a later date. Chairman Laden explained to Mr. Neale that the emergency access condition could be addressed with the Fire Chief when the time comes to ,> develop r'Commissioner King moved to close the public hearing. Commissioner Bolger y econded the motion, which was carried unanimously. ,�f4r'r,Commissioner Crowther questioned why a inning of R -M -5,000 was not being c' considered, since it is listed in the ordinance. Staff explained that the is consistent with adjacent developments and there is presently 1. no R -M -5,000 in'the City. ,, Commissioner Crowther commented that he felt 000, would be more consistent with the density requirements of the _.f General Plan. ,He noted that this site is already being used for multi- .2 4 'V'Commission :.J Page 3 ing i. nutes 7/8/81 I A ;,trj� 'o, V 6" U­ 'an i s- d, - reciiy �adj ace'nt tib, another multi - family !residential area. r, =Commissioner Schaefer :agreed that `she felt the R-M-5,000 zoning would be -.reasonable. After discussion, it was the consensus of the Commission �,k�that a R-M-4,'bqo.. zoning would be consistent with the General Plan. ;z::The Negative Declaration for the rezoning was discussed, and it was 'd t ermined that the sentence reading "The applicant intends to provide ;,senior c rental housing on the site" should be deleted. Chairman citizen Laden explained to Mr._ -Neale that he can specify senior citizen rentals pl, - to the bank and City when he comes in with a site development plan. ommissioner King moved to recommend to the City Council the amended .'Negative Declaration and rezoning to R-M-4,000 for application C-197, bringing it into conformance with the General Plan; making the necessary findings. : "Commissioner Zambetti seconded the motion, amending it to 40,1 the conditions recommended in the Staff Report, that the applicant shall prepare a-total site development plan and submit proof of a viable secondary access to the site.' The amendment failed for lack of a second C ommis sioner Bolger seconded Commissioner King's motion for recommendation of ?,N the Negative Declaration and rezoning. Commissioner Crowther moved to rv, V amend the motion to rezone the property to R-M-5,000 instead of R-M-4,000. Commissioner Schaefer seconded the motion, which failed, with Commissioners Bolger, King, Laden and Zambetti dissenting. The vote was taken on the recommendation for -rezoning to R-�-4,000 and the Negative Declaration. E., Commissioner Zadbetti stated he w uld be voting no, explaining that it be a.conditional rezoning and he feels that at some future time, final approval is given at the City Council level, the applicant should submit a site development plan to ensure a viable double access for fire and emergency. He added that he feels, if the site development plan was not activated in two years, then the plan should revert back to a :,j R-1-12,500 zoning. Commissioner Schaefer agreed. The motion for rezoning tr to R -M-4,000 was carried, with Commissioners Zambetti and Schaefer dissent- U ing. v:,:. Chairman Laden suggested to Mr. Neale that he follow Commissioner's Zambettils Vt !suggestion to present a site development plan to the Planning Department their..review• Mr. Neale stated he would do so as soon as possible. T., UP - 503 Dr. Collinson,'Re4uest for a Use Permit to allow the continuation new ownership, of an existing veterinary clinic in the C-N (Neighborhood-Commercial) district at 13561 Quito Road described the proposal r. J4, public hearing was opened at 8 45 m. . .�S i n c e no one appeared, Commissioner Zambetti moved to close the public Nl.hearing.' Commissioner Crowther seconded the motion, which was carried "'�' ,'unanimously 4 C ommiss ioner'Crowther moved to approve UP -503, making the findings. Com- missioner Schaefer, seconded the motion, which was carried unanimously . that .the'Commission should , ould co'n'sider changing the use permit suggested? -run with the land','"as opposed to with the owner. The whole issue of pe'rmiiswill., ;be taken up in.a future study session. 7 0. 4 s t for 'a Use Permit to allow the construction of 'I­"'­a­d'eta'c':hed garage over,,'6'y in height re ired (12,,,,max.) in the, qu d ear':yar at '19621 Juna Lane rt,.on- ,the proposal was given .,Dy. Staff ".%The setbacks of the 'project discussed A 4L.' OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA COYnLCD IR COR IORMARCE WITH $t C.317' • . Ol THE RLV ErVt AND TAXATION CODE PAGC- [IIE I- ASS DATE MARCNSSOD 4 y� I'• _ I �Q7 LfRED E. 'CARLSGN•ESSOR 26 ± al SCALE 111-100/' iC! ` 7 P�j 9 3.488Ac. LL r s C7. I/ J 9 O I! C \` 1 O i911 ' 1 \�\ •... 9R I 1 I 1 lijsT � - - - ziszy t Je" 1S `, PARCEL 2 PARCEL! 111 �0 1 70 r x' 2 -1 3 j 4 20 01 I 0 asS' o 4 /S -i /F Fn /7 W —__ —_" o. nlaD _ x ,LOP Q !9 i I Gz I-- 1� I VICTOR pt -, W 41 Z � "s.li I t .13 C � � ,9 10 9 /0 V I > I I B II °I // is 2 eel _� _'1 ^1����PTN CITY OF I'�79 J PT N.t o.1i'AC. IW Ii PTN.14 w. n 12 $ARATOG 4ITI. 3 I Klso -4 SARATOGA - SUNNYVALE _115"'V 1 it 14,;67 503 RD.S. 374/53 31 OAR, IItA:Z AC y 4z Lo ,r 0.8089 At ` ,S 28 \ N SARAT06A 1' �' Y G 0. 62 A . C. � 0.30 AL� �+ •�� I MARY PARKER HOP/ ESTER CITY OF SARA' QQN ti Initial: AGENDA BILL NO . Dept. Hd . DATE: 8/13/81 C. At DEPARI=:. Public Works C. Mgr. - )11'� SUBJECT: REPORT AND ASSESSMENT FOR WEED ABATEMENT - 1981 SEASON Issue Summary Fire Marshall has submitted the list of unpaid weed abatement charges for the 1981 Weed Abatement Program in Saratoga. Recommendation Hold Public Hearing and, if appropriate, adopt Resolution No. confirming report and assessment. t Fiscal Impacts None Exhibits /Attachmients Resolution No. Council Action 8/19: Jensen /Mallory moved to adopt Resolution 1028. Passed 5 -0. • RESOLUTION NO. RESOLUTION CONFIRMING REPORT AND ASSESSMENT RE: WEED ABATEMENT WHEREAS, at a regular meeting held on August 19, 1981 the Fire Marshal of Santa Clara County did submit a report to this Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses plus applicable administrative and collection costs are to be assessed, all pursuant to Article II, Chapter 6 of said City Code, being the Weed and Rubbish Abatement provisions of this City, and WHEREAS, the Council having heard said report, and all objections therto, and the Council finding that no modifications need be made to any of said assessments, and good cause appearing therefore, The City Council of the City of Saratoga hereby resolves as follows: The report of the Fire Marshal of Santa Clara County as of August 3, 1981, which report is dated August 3, be and the same is hereby con- firmed. Attached hereto as Exhibit "A" and incorporated herein by refer- ence is a list of the assessor's parcel numbers, names and addresses of owners of said property, list of unpaid bills, and the amounts of the assessment for each of said parcels. Each of said parcels as shown on the attached exhibit is respectively declared to have a lien against it in the amount set opposite said parcel number in the last column thereof, and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as gen- eral Municipal property taxes are collected. A certified copy of this resolution and assessments shall be .filed with the Santa Clara County Auditor. :•.'.:z? =; <- c= =s :, _:;..::::..., ,;,::.<. The above and foregoing resolution was duly and regularly introduced and passed at a regular meeting of the City Council of the City of Sara- toga held on the day of 1981, by the following vote: C7 AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR County of Santa Clara California EMA/GSA Environmental Management/ General Services Agency Ms. Betsy Cory Deputy City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 `C.OMCD AU r) 4 1981 Subject: Report and Assessment for Weed Abatement - 1981 Season Dear Ms. Cory: Office of the Fire Marshal 70 W. Hedding St., East Wing San Jose, California 95110 299 -2041 Area Code 408 August 3, 1981 Enclosed are five (5) copies of the 1981 Report and Assessment for Weed Abate- ment for the City of Saratoga. It will be appreciated if you will have the lists posted according to code requirements. The date of the public hearing for presentation and confirmation of the weed abatement assessments is confirmed for August 19, 1981 at 7:30 p.m. I will attend the public hearing. Thank you for your assistance. If you have any questions, please don't hesitate to call me. Yours very truly, !!1i Cli ford M Johnson Fire Marshal CMJ /k enc. (5) cc: Chief Ernest Kraule (w /list) Saratoga Fire District 64� () b L ® An Equal Opportunity Employer COUNTY OF SANTA CLARA OFFICE OF THE FIRE MARSHAL 70 WEST REDDING STREET SAN JOSE, CA 95110 1981 WEED ABATEMENT ASSESSMENTS CITY OF SARATOGA 1981 WEED ABATEMENT CHARGES TOWN; Saratoga P.I. CODE 845 OWNER APN AMOUNT CARREIA, ABEL M. & LEILA R. 366- 12-031 $ 643.96 12299 S. Hwy 9 Saratoga, CA 95070 CARREIA, ABEL M. & LEILA R. 366- 12-068 844.30 12299 S. Hwy 9 Saratoga, CA 95070 QUARNSTROM, JOHN E. & THERESA A. 366- 13-007 112.52 P.O. Box 510 Pescadero, CA 94060 MARDESICH, NICK 366- 22-022 60.82 563 Alberta Ave. Sunnyvale, CA 94087 JACKSON, DONALD K., et al 386 - 30-034 145.46 P.O. Box 1522 Cupertino, CA 95014 NEIPP, BARBARA G. 391- 02-032 60.76 13040 Saratoga - Sunnyvale Rd. Saratoga, CA 95070 RODEO OAK CREEK PARK OF SARATOGA 391 -03 -277 83.16 P.O. Box 3216 San Jose, CA 95156 RODEO OAK CREEK PARK OF SARATOGA 391-03 -282 314.82 P.O. Box 3216 San Jose, CA 95156 CAL -WEST COMMUNITIES, INC. 391-06 -143 112.92 780 Welch Rd. Palo Alto, CA 94304 CAL -WEST COMMUNITIES, INC. 391 -06 -144 106.98 780 Welch Rd. Palo Alto, CA 94304 TITLE INS. & TRUST CO. 391 -14 -022 184.14 P.O. Box 67 Saratoga, CA 95070 1981 WEED ABATEMENT CHARGES TOWN: Saratoga OWNER CARDONA, CARL & JACQUELINE 18737 Aspesi Dr. Saratoga, CA 95070 SHRIVER, PATRICIA J. 18733 Metler Ct. Saratoga, CA 95070 KOMPOLT, MURIEL L. 18725 Metler Ct. Saratoga, CA 95070 RAY, DANNY P. & GEORGIA A. 1218 Flora Ave. San Jose, CA 95117 STURLA, WARREN A. P.O. Box 21 Saratoga, CA 95070 STURLA, WARREN A. P.O. Box 21 Saratoga, CA 95070 MVS CO. P.O. Box 67 Saratoga, CA 95070 BELLICITTI, ISABELLE 18500 Marshall Ln. Saratoga, CA 95070 BATTAGLIA, JOSEPH P. 760 N. First St. San Jose, CA 95112 BARRON, JACOB S. & RUTH Z. 14140 Ten Acres Ct. Saratoga, CA 95070 WORTHINGTON, J.R. & BARBARA A. 14131 Ten Acres Ct. Saratoga, CA 95070 -2- P.I. CODE 845 APN AMOUNT 391 -55 -016 $ 106.98 391 -55 -017 87.00 391 -55 -019 28.48 391 - 56-049 214.04 391 -62 -001 26.40 391 -62 -002 129.34 391 -62 -017 253.20 397 -01 -006 79.86 397-01 -019 155.26 397 -01-052 110.16 397 - 01-053 115.22 1981 WEED ABATEMENT CHARGES TOWN: Saratoga P.I. CODE 845 OWNER APN AMOUNT KOSICH CONSTRUCTION CO. 397 -01 -064 $ 156.74 18867 Kosich Dr. Saratoga, CA 95070 THOMAS, CLAYTON F. & DOROTHY L. 397 -02 -106 96.12 1741 Saratoga Ave., No. 210 San Jose, CA 95129 BUEHNER, OLIVER W., Trustee 397-02 -109 49.08 18650 Allendale Ave. Saratoga, CA 95070 SUNDQUIST, STEVEN V., et al 397 -03 -050 118.80 5985 Tandera Ave. San Jose, CA 95129 ALLEN, PATRICIA E. 397 -05 -039 80.20 18579 Vessing Rd. Saratoga, CA 95070 SPEARS, ALBERT & ROSALEEN 397- 05-068 89.10 11 Reservoir Rd. Los Gatos, CA 95030 JANOVICH, STEVE & FRANCES 397 -07 -086 191.70 7639 Prospect Rd. San Jose, CA 95129 RENNA, RALPH & DORIS 397 - 07-087 147.28 3613 Country Wood Ct. San Jose, CA 95130 ROLIZ, INC. 397 -07 -092 170.44 P.O. Box 1137 Saratoga, CA 95070 ROLIZ, INC. 397 -07 -095 109.36 P.O. Box 1137 Saratoga, CA 95070 HAAS, RONALD & BARBARA 397 -07 -096 102.46 14264 Taos Dr. Saratoga, CA 95070 -3- 1981 WEED ABATEMENT CHARGES TOWN: Saratoga OWNER O'DONNELL, DANIEL B. & JOANNE 19135 Monte Vista Dr. Saratoga, CA 95070 MADDEN, GARY & MARY 1832 Dry Creek Rd. San Jose, CA 95124 FRUITVALE AV UNIT TWO IMPROVEMENT P.O. Box 126 Saratoga, CA 95070 JOHNSON, JOHN D. & LOIS A. 2Q Notre Dame San Jose, CA 95113 MOORE, ELLEN C. 1089 S. Daniel Way San Jose, CA 95128 ROBERTSON, CHARLES 1006 Saratoga - Sunnyvale San Jose, CA 95129 IOE, LORY F. & MARILYN B. 715 Blackfoot Ct. San Jose, CA 95123 RODONI, LILLIAN P.O. Box 305 Saratoga, CA 95070 DIVIDEND DEVELOPMENT CORP. P.O. Box 2805 Santa Clara, CA 95051 DIVIDEND DEVELOPMENT CORP. P.O. Box 2805 Santa Clara, CA 95051 -4 P.I. CODE 845 APN AMOUNT 397 - 08-057 $ 92.08 397 - 13-037 162.06 397 -16 -117 106.92 397 -22 -012 63.38 397 -24 -022 93.22 397 -25 -064 118.06 397 -25 -097 87.22 397 -29 -005 317.58 397 - 37-018 74.84 397 - 37-019 74.84 1981 WEED ABATEMENT CHARGES TOWN: Saratoga P.I. CODE 845 OWNER APN AMOUNT DIVIDEND DEVELOPMENT CORP. 397 -37 -020 $ 74.84 P.O. Box 2805 Santa Clara, CA 95051 DIVIDEND DEVELOPMENT CORP. 397- 37-021 291.52 P.O. Box 2805 Santa Clara, CA 95051 ANDERSON, EARL R. & CLARA H. 407 -17 -003 101.80 1900 Pollard Rd. Los Gatos, CA 95030 CONE, BETHEL M., et al 503- 09-007 23.02 409 Alberto Way, Suite 3 Los Gatos, CA 95030 CONN, MICHAEL L. & CAROLE A. 503 -14 -032 100.18 3969 Freed Av San Jose, CA 95117 CHADWICK, ALLEN L. & BARBARA 503- 15-027 322.24 13539 Mandarin Way Saratoga, CA 95070 COCCIARDI CORPORATION 503- 15-031 52.18 22631 Mt. Eden Rd. Saratoga, CA 95070 MARCHANT, ROBERT & DIANNA 503- 15-035 82.36 21567 Rainbow Dr. Cupertino, CA 95014 MARTINEZ, MICHAEL R. & MARILYN J. 503 -17 -026 299.22 5885 Dash Ct. San Jose, CA. 95120 FLYNN, GEORGE W. & PATRICIA B. 503 -17 -027 106.92 390 Hillsdale Ave. Santa Clara, CA 95051 LARSEN, TOR G. & ELSE G. 503- 18-070 192.44 12929 Pierce Rd. Saratoga, CA 95070 -5._ 1981 WEED ABATEMENT CHARGES TOWN; Saratoga P.I. CODE 845 OMR APN AMOUNT TOUGAS, BERNARD E. & DORIS G. 503- 19-067 $ 147.42 20604 Wardell Rd. Saratoga, CA 95070 BAKER, NORMAN 503- 23-032 138.10 P.O. BOX 387 Saratoga, CA 95070 CHABRE, AIMEE, et al 503 -24 -004 88.84 24550 Santa Cruz Highway Los Gatos, CA 95030 CASABONNE, YVES G. & ANNETTE E. 503 -24 -007 17.88 20120 Harriman Ave. Saratoga, CA 95070 CARROLL, STANLEY E. & CAROLEE 503 -24 -039 142.36 13410 Beaumont Ave. Saratoga, CA 95070 MC BAIN & GIBBS, INC. 503 -28 -117 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503 -28 -118 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503 -28 -119 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503 -28 -120 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, II-. 503 -28 -121 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 50.3 -28 -122 46.04 P. 0. Box 908 Half Moon Bay, CA 94019 -6- 1981 WEED ABATEMENT CHARGES TOWN: Saratoga OWNER MC BAIN & GIBBS P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS P.O. Box 908 Half Moon Bay, CA 94019 RIDDER, JOSEPH B. 750 Ridder Park Dr. San Jose, CA 95190 SCHROEDER, BERT N. & PAULINE M. 21300 Saratoga Hills Rd. Saratoga, CA 95070 RIDDER, JOSEPH B. 750 Ridder Park Dr. San Jose, CA 95131 WALKER, THOMAS E. & SUSAN 1134 Littleoak C1 San Jose, CA 95129 BOHN, ROBERT H. & GAY M. 20056 Kern C1 Saratoga, CA 95070 NOONAN, PETER B. & MARGARET L. P.O. Box 1380 Campbell, CA 95008 DE MARTINI, ALLEN..F. & BARBARA J. 17th Floor Mills Tower San Francisco, CA 94104 MEDALLION DEVELOPMENT CORP. 3600 Pruneridge Ave., Suite 330 Santa Clara, CA 95051 DHAKA, VIR A. & MOHINI 31028 Marne Dr. Rancho Palos Verdes, CA 90274 -7- P.I. CODE 845 APN AMOUNT 503 -28 -123 $ 46.04 503 -28 -124 46.04 503 -29 -012 235.24 503 -29 -029 106.92 503 - 29-078 128.32 503- 30-002 98.14 503 -30 -030 149.04 503 -30 -057 172.86 503 - 31-002 138.10 503 - 31-052 506.38 503 -53 -061 144.66 1981 WEED ABATEMENT CHARGES TOWN: Saratoga P.I. CODE 845 OWNER APN AMOUNT PONTIER, LENA 503 -53 -064 $ 114.96 P.O. Box 212 Saratoga, CA 95070 KENNEDY, CHARLES H. 503- 55-046 14.64 21197 Haymeadow Dr. Saratoga, CA 95070 SHANAFELT, JOHN J. 503 -55 -063 110.56 918 Vermont St. San Jose, CA 95126 MC BAIN & GIBBS, INC. 503 -62 -014 92.08 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503- 62-015 92.08 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503- 62-016 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503 -62 -017 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MC BAIN & GIBBS, INC. 503-62 -018 46.04 P.O. Box 908 Half Moon Bay, CA 94019 MCMAHON, PATRICK R. & PAMELA A. 510 -52 -005 158.02 553 Bucher Ave. Santa Clara, CA 95051 PRONGER, NORMAN (TRUSTEE) 517 -12 -032 37.86 20600 Lomita Ave. Saratoga, CA 95070 KOCHER, RAISA R. 517 -22 -037 53.66 15139 Park Dr. Saratoga, CA 95070 -8- 1981 WEED ABATEMENT CHARGES TOWN: Saratoga P.I. CODE 845 OWNER APN AMOUNT MARKULIN, JOHN & ANGELA 517 -22 -101 $ 72.36 14777 Montalvo Rd. Saratoga, CA 95070 FULDE, WALTER J. & CATHERINE D. 517 -22 -103 72.36 15164 Montalvo Rd. Saratoga, CA 95070 09- CITY OF SARATOGA AGENDA BILL NO. DATE: Auqust 5, 1981 In De C. WAdministrative Services C. ------------------------- ------------------------------------------- SUB_EC'r: Municipal Solar Utility Program - Joint Powers Agreement and Contract Agreement Issue Summary The attached Joint Powers Agreement establishes the California Solar Energy Conservation Development Authority (CalSECDA) relative to the City's proposal to participate in the second phase of the California Energy Commission's Muncipal Solar Utility Program. The Contract Agreement is between the City and CalSECDA and fulfills CEC requir(�nents for program participation. P--ccnTnendation It is recommended that the Saratoga City Council authorize the JPA creating CalSECDA and the Contract Agreement between CalSECDA and the City. It is also requested that the Council designate a council representative to the CalSECDA Board. I • Fiscal Impacts Each new phase two participant will be reimbursed up to $3,000.00 for travel and per diem. A membership requirement of $1,000.00 each, may be deducted, from the $3,000.00 or donated: by the provision of in -kind services. Consultant assistance to address the specific needs of participant proposed programs in the amount of $45,000.00 is available. CalSECDA staffing costs are also provided by the CEC. Saratoga's proposed program options will target revenue generation for on -going self- sustaining operation of our MSU activity as a primary program goal. Exhibits /Attachments • Muncipal Solar Utility Program memo- • Proposed CalSECDA Joint Pavers Agreement • Proposed Contract Agreement (City of Saratoga and CalSECDA) • Saratoga MSU Program Options: Broker Model and Facilitator Model Council Action 8/19: Jensen /Clevenger moved to adopt staff recommendation to approve agreement and authorize Mayor to execute. Passed 5 -0. eClevenger /Mallory moved to appoint Callon representative CalSECDA Board; Jensen 1st alternate; Carnekie 2nd alternate. Passed 5 -0. asm TO: City Manager (09,2W @a O&M&ZOO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 . FROM: Housing and Community Development Coordinator SUBJECT: .Municipal Solar Utility Program DATE: 8/5/81 In April of 1981, the City responded to a Request for Proposal issued by the California Energy Commission (CEC) for the development of municipal solar utilities. Shortly thereafter, Saratoga's proposal was selected along with eight others statewide. Saratoga's participation will be in the second phase of the CEC's program. As in Phase I, program participants will join together to form a Joint Powers Authority which will act as the CEC grant recipient (total Phase II budget amount is at least $118,000.00). Preliminary work to date has pro- duced the name California Solar Energy Conservation Development Authority (Ca1SECDA). In recognition of the benefits to be derived from this program, many Phase I organizations remain participants in the second phase. In this regard, the City of Oceanside will serve as the Ca.1SECDA finance control agency with all requests for reimbursement going to that city. John Casey, Mayor of Oceanside, will serve as Ca1SECDA chairman, a role that he also filled during Phase I. Phase II participants are requested to appoint an elected official to the Ca1SECDA board. The local staff program manager (Stan Carnekie) will serve as the City's alternate representative. The Ca1SECDA Board meets once monthly throughout the ten month contract period. Five workshops, which will be quite intensive, and last an entire day, will be held as per contract requirement. These workshops will address specific participant needs and proposed program objectives. It.has been suggested that the monthly business meetings be held back to back with the workshops, so as to facilitate attendance.and reduce travel and related costs. The current schedul.e of meetings and workshops is as follows: August 13 (Thursday) Ca1SECDA meeting 14 Workshop - "Marketing a Municipal Solar Utility" Location: Arcata September 11 (Friday) Ca1SECDA meeting 12 Workshop - "Legal Barriers" Location: San Jose October 16 (Friday) Ca1SECDA meeting 17 workshop - "Consumer Financing Packages" Location: Monterey Park City Manager -2- August 5, 1981 November 5 (Thursday) Workshop - "Consumer protection" 6 CalSECDA meeting Location: Saratoga (Community Library) December 4 (Friday) CaISECDA meeting 5 Workshop - "Miscellaneous Issues in MSU Development Location: Oceanside Subsequent meetings and locations remain to be scheduled. The proposed Contract Agreement is between CaISECDA and the Phase II parti- cipants vs. the CEC and participants. This provides greater local control and flexibility while meeting CEC program requirements. To date, the City is on target with the deliverables required by contract, i.e., submittal of proposed Work Plan: two options, Broker Model and Facilitator Model. Con- tract requirements call for the submittal to the City Council, by the end of the contract period, of two program options, neither of which must be adopted. The two program options offered have been specifically developed to provide the City Council with a broad range of choice in the depth of the City's MSU involvement. Option 1, the Broker Model offers a more indepth approach with the formation of an Alternative Energy Resources Commission or Task Group oriented toward the development of an Energy Element to the City's General Plan. This option as well as Option II, the Facilitator Model, would establish aninhouse alternative energy information and referral service inclusive of the development and implementation of various energy and related ordinances. The 'Facilitator Model (Option II), offers a less intensive involvement, by deleting the Task Group and replacing the Energy Element with scaled down energy conservation measures to be included within the Conservation Element to the General Plan. It should be noted that both of our proposed options are flexible and not cast in concrete, they may be modified during the course of the contract as determined needs, circumstances, and experience dictates. As previously mentioned, at the time of contract expiration, the Council will be presented with two MSU options. At that time, the City Council will be requested to adopt one of the options and begin imple- mentation. Should the City Council choose not to adopt either option, written articulation of the Council's action in not adopting will suffice to complete the contract requirements. , /da cc: Mike Flores Stan( "Zarnekie Housing and Community Development Coord. �S :tii1 E.�i1 OO R ,��;V�DTIij'�11 C 13777 FRUIWALE AVENUE • SARATOGA, CALIFORNIA 95070 (•108) 867 -3438 TO: City Attorney DATE: 7/14/81 FROM: Housing and Calumity Development Coordinator SUBJECT: Transmittal for corrt'nent of revised CSECDA Joint Powers Agreement --------------------------------------------------------------------------- Transmitted herewith is the recently revised CSECDA Joint Powers Agreement. As per our previous conversation relative to the prior draft, municipal cor- porations will be the only signatories to this JPA. Those profit and non- profit corporations selected for Phase II participation shall be non voting members of CSECDA via a separate agreement with the Authority. Your review of this draft is arequested. I would like to schedule this for City Council action at their regular meeting on August 19, 1981. Being that you are now basically familiar with this matter, and since ; ,have a considerable amount of work to complete in order to meet the above dead e, your prompt review and comments would be greatly appreciated. /da cc: City Manager California =' Solar Eneri; y Conservation Development Authority Date: July 10, 1981 wy' 'rO: CalSECDA Members ��✓'� FROM: Mignon Marks SUBJECT: Revised Joint Powers Agreement (JPA) Attached is a copy of the JPA which was modified at the Ca1SECDA meeting on July 2.. The major change to the JPA involves the eliminat:_on of references to duties required under the Energy Commission's contract. Instead, the new agreement treats Ca1S:I:CDA as an independent association of local jurlsdiction�;. (CalSECDA will enter into indi- vidual contracts with each community to compl,v with the Energy Commission's contract requirements). Please have your jurisdiction's legal counsel review this ,IPA and have it approved by your governing board if either has not been done already. The original document is being routed around for signature and will ultimately be .filed at John Casey's office: in Oceanside. '[he individual contracts between Ca1SECDA and the local communities will be m._ciled to you separately around July 20. L DESCRIPTION: MUNICIPAL SOLAR UTILITY PROJECT OPTION 1 The City of Saratoga will develop a ccanprehensive energy program designed to reduce the communities reliance on non- renewable energy sources. As noted in the League of California Cities' Energy Statement, the effects of energy costs and problems of supply are felt most immediately at the local level. Energy directly affects the amount of money that each household has to spend. Furthermore, it effects the cost of local government and, indirectly, the level of service to the public. The League suggests that cities take the lead in developing public programs to.conserve.energy, to distribute energy so that everyone can be able to heat their homes, and to facilitate the accessibility of alternative sources of energy. Cities are well suited to this task due to their authority to administer building codes, determine land use, implement ordinances and oversee that development which takes place in the ccaramunity. CCities are also the most immediate and accessible form of government available to the public. Thus, cities can effectively work in cooperation with residents, local businesses and community groups to carry out programs that address the unique needs of the local community. Within the operational constraints of a small, minimum service city, an energy program will be developed that will provide a foundation for overall energy - conservation. The cornerstone of the program will be the creation of an Energy Element to the City's General Plan. Additional energy conservation will be facilitated by the development of an Alternative Energy Information and Referral Section within the Community Development and Regulation Management Department. The Energy Element to the General Plan would establish the basic policy of the City's energy conservation effort. It could lead to the implementation of energy related ordinances, i.e., requirements for energy audits, solar retrofit for domestic hot water where appropriate, solar requirements for new construction, i.e., solar water heater requirement for new residential construction, solar water heater pre - plumbing requirement for new construction, etc., solar access for subdivision development and existing residential structures, and other energy conservation measures which may be developed and applicable to the City of Saratoga. -1- Page 2' The City Council will establish an Alternative Energy Resources Commission C(AERC) or Task Force to assess City needs, review state -of- the -art energy con- servation measures, develop recommendations for the creation of the Energy Element and the full implementation of the Saratoga Solar Policy. It is planned that the AERC would be comprised of no more than six members that would represent a broad spectrum of conmunity concern, technical expertise and enthusiasm. A City Alternative Energy Information and Referral Service will be developed that would provide a comprehensive range of energy related information and technical assistance services, i.e., tax credit information, volume purchase arrangement, design, installation and system maintenance, consumer protection, assistance with City regulations, etc. This information and Referral Service could also assist the development community by familiarizing them with City requirements. The Information and Referral Service would act to facilitate the goals of the Energy Element on a coordinated, day - to-day basis. During the term of the Califorrnia Energy Commission - Ca1SECDA - City contract, the City will develop those tools which are determined to be necessary for the successful implementation of the MSU option selected by the City Council. An implementation plan will be developed for each proposed option during the contract period phase which will identify specific goals and objectives, basic data and community needs, an action plan and the development of program activities. C BRJKER MODEL: GOALS AND OBJECTIVES 1. To reduce community -wide dependence on fossil based energy resources. 2. To encourage the conversion of systems using non - renewable energy resources to solar systems wherever cost - effective applications exist. 3. To facilitate the overall usage of alternative energy by providing a City Alternative Energy Information and Referral Service. 4. To provide financial assistance to those of low to moderate income in the retrofit of solar domestic hot water heating systems, via the Saratoga Housing Assistance and Rehabilitation Program. COBJECTIVES: 1. To establish a City Alternative Energy Resources Commission /Task Force that will review, accept, reject or modify work completed by staff to: a. identify the potential for energy conservation within the City and develop criteria for acceptable energy conservation standards and make recommendations to the City Council; b. bring about citizen participation from all elements of the community, i.e., business, industry, and education, city residents and civic groups; c. review background data and formulate recommendations for the creation of an Energy Element to the City General Plan; -3- Page 4 d. review existing and developing alternative energy Cimplementation techniques for their applicability within the City of Saratoga. 2. To develop and implement a solar retrofit and energy conservation component to the Saratoga Housing Assistance and Rehabilitation Program (SHARP). a. for those of low to moderate income, provision of financial assistance in the acquisition and installation of residential solar energy systems. Such families /individuals have traditionally been found to have less discretionary income and therefore are less likely to utilize.solar or alternative energy systems. b. provide . technical assistance in housing, C inspection surveys, which identify housing deficiences, etc., architectural services when necessary, contract assistance, work and system operation inspection during and after installation and warrantee maintenance. 3. To develop an in -house Alternative Energy Information and Referral Service. Centralized service would include, but not be limited to: • Information on State of the Art solar systems. • Tax credit information. • Possible volume purchase and other cost reduction methods for system conversion or installation. • Consumer protection assistance, i.e., performance bonding, maintenance contracts, warrantees, etc. • Solar access evaluation and easement acquisition assistance. Page 5 • Assistance with City required regulations relative Cto solar and alternative energy. o Develop additional assistance as may be appropriate. o Develop program transfer package. 4. To develcp a coordinated approach, within the City organizational structure, to facilitate alternative energy utilization by: a. provision of technical assistance to do- it- yourself solar system or component installers. b. inspection of solar installations to insure com- pliance with building codes and quality workmanship. c. expedite permit processes for alternative energy purposes. i . Cd. consider the feasibility of establishing a City Energy Division. 5. To examine legal implications of accamplishing planned objectives. 6. To assess the potential for revenue generation in order to maintain an ongoing energy service. 7. To compare the two options provided and recommend appropriate action to the City Council. 8. To obtain the approval of the Saratoga City Council to begin implementation of the chosen option /plan. BROKER MODEL: ISSUES 1. COMMUNITY ISSUES: a. Given the Citys traditional minimum service orientation, which MSU activities and services are most feasible? b. Should the City establish mandatory requirements for alternative energy utilization throughout the ccm unity? 2. LEGAL ISSUES: a. Is the City's Liability exposure increased by implementation of any of the components of this model? If yes, which are they, what is the liability(s), and how may they be mitigated? b. Does the City face legal problems by assisting in volume purchase C_ or servicing arrangements aimed at cost reduction for solar system utilization? c. Can the City recommend specific contractors, service providers, etc. for alternative energy systems and components? d. Identification of legal concerns in implementing mandatory solar ordinances and conservation procedures. 3. FINANCIAL ISSUES: a. What potential sources of revenue generation exist within current state limitations for providing services under this model? 1. Assistance in the development of an Energy Element to the General Plan. a. Solar easement assistance. b. Passive solar design criteria develognent. c. Preparation of basic data for MSU. d. Solar panel design criteria /minimize visual impact. e. etc. 2. Provision of successful alternative energy ordinances. 3. Development of an altneative energy library including material suitable for disemination to residents as well as technical material appropriate for building inspection and plan check functions. 4. Suggestions for successful program marketing and public relations (workshops). i . 5. Provision of successful citizen participation techniques especially as �- they may be appropriate to the proposed Alternative Energy Commission /task force. 6. Provision of solar access protection ordinances (e.g. solar easements). 7. Provision of design ordinances and criteria for passive and active solar systems. 8. Successful energy conservation methods and ordinances. 9. Consultation on legal problems of mandatory ordinances, i.e., a) mandatory nature of energy conservation ordinances - legal justification; b) implications of City arranging volume purchase /service agreements for solar with local private business. 10. Analysis of economic impacts and cost effectiveness. 11. Assist in developing building codes for alternative energy sources (parti- cularly solar) and training Building Department personnel in implementing those codes. 0►C Wayne Dernetz Robert Shook Rob Robinson Barbara Sampson IMPLEMENTATION OF MSU PROGRAM PARTICIPATING STAFF Key staff members who may participate in the development of the MSU Program: POSITION City Manager Public Works Director EDUCATION B.A. Economics M.S. Public Administration B.S. Civil Engineering M.S. Civil Engineering LOCAL GDW. AREAS OF EXPERTISE Finance /Budget General Plan Development Negotiations Project Design & Implementation Management Consultant General City Engineering Expertise, including Flood control, rights -of -way, Building 20 years experience as City Engineer Planning Director A.A. General Education Recreational Planning B.A. Chemistry Behavioral Design Planning M.A. Landscape Architecture Urban Design Impact Evaluations 10 years municipal Govt. experience Director Community Services A.B. Physical Education/ Life Science General Secondary Teaching Credential (Not Active) Community Services Parks & Recreation - City Owned Property Government & Public Buildings 23 years experience Municipal Govt. Stan R. Carnekie Housing and Community A.A. Pre -Law Program Development & Implementation Development Coord. B.S. Industrial Relations & Grant Application Personnel Mgmt. Housing Development (Assisted) (MSU project coord.) MPA Masters Degree - Public Needs Assessment Administration 7 years Municipal Govt. experience Life, College Teaching Credential - American Government /Political Science Michael Flores Assistant Planner B.S. Geography Current Planning (MSU project co- coord.) Concentration in environmental Implementation & modification of zoning studies ordinances General Plan Review 4 years municipal government experience -8- \__: 1--) C SROEER MODEL: CITIZEN PARTICIPATION The Saratoga City Council will appoint an Alternative Energy Resources Commission or Task Force (AERC). The AERC will be composed of local citizens representative of a broad base of concerns and levels of expertise. As the AERC completes its charge, recommendations will be made to the City Council and the General Plan Citizens Advisory Committee relative to the generation of an Energy Element to the General Plan. West Valley Conn unity College may be utilized as appropriate, to encourage and meet program objectives. Courses in energy conservation may be developed. Throughout the development of the Energy Element, resident input will be encouraged by attendance at public meetings and ultimately during legally required public hearings prior to adopting the Element. Additional methodoligies of assessing local resident needs and concerns in the area of alternative energy may be implemented as they are developed during the course of this contract. CSECDA DELEGATES CSE ®A Representative for the City of Saratoga: Mrs. Linda Callon, Mayor. Stan Carnekie, City Housing and Community Developmnt Coordinator will be the alternative delegate and program coordinator; and Michael Flores, City Assistant Planner, will be program co-coordinator- WA ACTIVITY JULY '81 Refine Work Plan .- Develop basic data /potential solar etc. energy usage _ Define Energy Commission /Task Force objectives & I.D. potential participants _ Establish Energy Commission /Task Force and begin work Design & implement solar component to Housing Rehab. program for low to moderate income residents Begin the development of solar I & R Service Begin development of City processes to facilitate solar implementation Examine legal barriers and potential problems w/ MSU activity Identify potential sources of revenue generation per citys MSU activity Begin design of Energy Element to General Plan Energy Commmission study - modification of proposed MSU options Begin development of solar and energy related ordinances Determination of which MSU option to present to City Council Begin implementation of City Council approved option Begin ongoing MSU activity CITY OF SARATOGA MUNICIPAL SOLAR UTILITY PFmJECT SCHEDULE AUGUST SEPT. OCT. NOV. DEC. JAN. '82 ON GOING FEB. MARCFF APRIL MAY Jlf7E 1_J MUNICIPAL SOLAR UTILITY PROJECT FACILITATOR MODEL OPTION 2 DESCRIPTION: ., The City of Saratoga will develop a limited energy program designed to-assist citizens in reducing their reliance on non - renewable energy sources. This option is a less intensive version of Option 1 in that no Energy Task Force would be formed and no Energy Element would be generated. The existing conser- vation Element to the General Plan would be modified to include policies and objectives which would create a base for implementation measures encouraging energy conservation and use of renewable sources of energy. Examples of these implementation measures (which would be proposed by staff) are described in the Goals and Objectives section of this draft. Public input on these objectives and policies would occur as part of the General Plan review process in which the City is currently involved, with using an existing General Plan Citizens Advisory Committee. The objectives and policies ofikhe Conservation Element would act as the base for energy audit, solar access, and solar water heating ordinances. CThe Saratoga Housing Assistance and Rehabilitation Program (SHARP) would be modified, as in Option 1, to provide financial assistance in the erection of alternative heating systems. The City would develop an Alternative Energy In- forrmation and Referral Service, however, its range of service would be more limited to existing staff. The City would likely be less active in promoting solar energy through methods such as coordinating mass buying of solar panels by residents. -1- GOALS: Iow Rig FACILITATOR MODEL: GDAIS AND OBJECTIVES 1. To reduce community -wide dependence on fossil based energy resources. 2. To encourage the conversion of systems using non - renewable energy resources to solar systems wherever cost- effective applications exist. 3. To facilitate the overall usage of alternative energy by providing a City Alternative Energy Information and Referral Service. 4. To provide financial assistance to those of low to moderate income in the retrofit of solar domestic hot water heating systems, via the Saratoga Housing Assistance and Rehabilitation Program. 1. Modify the Conservation Element using the existing General Plan Citizens Advisory Committee to: a. Develop implementation measures which would encourage energy conservation and use of renewable sources of energy such as: i) Require subdivisions to take maximum advantage of solar heating and cooling opportunities. ii) Provide and guarantee solar access for new and existing structures to the maximum extent possible. iii) Require solar hot water heaters to provide the primary source of heat for domestic and swimming pool water. iv) Require energy audits and energy conservation measures upon resale of dwellings. v) Encourage energy conservation education programs. vi) Encourage consumer protection through local guidelines and use of state and utility programs. b. Encourage citizen participation from all elements of the community, i.e., business, industry, and education, city residents and civic groups. c. Review existing and developing alternative energy Implemen- tation techniques for their applicability within the City of Saratoga. 2. To develop and implement a solar retrofit and energy conservation component to the Saratoga Housing Assistance and Rehabilitation Program (SHARP). -2- Page 3 a. Fbr those of law to moderate income, provision of financial assistance in the acquisition and installation of residential solar energy systems. b. Provide technical assistance in housing inspection surveys, architectural services when necessary, contract assistance, work and system operation inspection during and after instal- lation and warrantee maintenance. 3. To develop an in -house Alternative Energy Information and Referral Service. Centralized service would include, but not be limited to: a Information on State of the Art solar systems. a Tax credit information. a Possible volume purchase and other cost reduction methods for system conversion or installation. • Consumer protection assistance. o Solar access evaluation and easement acquisition assistance. a Assistance with City required regulations relative to solar and alternative energy. jj e Develop additional assistance as may be appropriate. e Develop program transfer package. 4. To develop a coordinated approach, within the City organizational structure, to facilitate alternative energy utilization by: a. Inspection of solar installations to insure compliance with building codes and quality workmanship. b. Expedite permit processes for alternative energy purposes. 5. To compare the two options provided and recommend appropriate action to the City Council. 6. To obtain the approval of the Saratoga City Council to begin imple- mentation of the chosen option /plan. FACILITATOR MODEL: ISSUES 1. COMMUNITY ISSUES: s a. What level of MSU activityjservice is most effective and appropriate for a small, minimum service City? b. Should the City establish mandatory requirements for alternative energy utilization throughout the ccmunity? 2. LEGAL ISSUES: a. Is the City's Liability exposure increased by implementation of any of the components of this model? If yes, which are they, what is the liability(s), and how may they be mitigated? b. Can the City recommend specific contractors, service providers, etc. for alternative energy systems and components? c. Identification of legal concerns in implementing mandatory solar ordinances and conservation procedures. 3. FINANCIAL ISSUES le a. What potential sources of revenue generation exist within current state limitations for providing services under this model? -4- � C FACILITATOR'MODEL: TYPES OF REQUIREMEN`T'S 1. Provision of successful altnerative energy ordinances. 2. Development of an alternative energy library including material suitable for disemination to residents as well as technical material appropriate for building inspection and plan check functions. 3. Suggestions for successful program marketing and public relations (workshops). 4. Provision of solar access protection ordinances (e.g. solar easements). 5. Provision of design ordinances and criteria for passive and active solar systems. 6. Successful energy conservation methods and ordinances. 7. Consultation on legal problems of mandatory ordinances such as: a. City liability b. Case law precedence . c. Constitutionality of ordinances C8. Analysis of economic impacts and cost effectiveness. 9. Assist in developing building codes for alternative energy sources (particularly solar) and training Building Department personnel in implementing those codes. i -5- r . AGENDA BILL NO. DATE: August 13, 1981 DEPARTMENT: Planning CITY OF SARATOGA Initial: /Af4E� Dept. Hd. -------------------------------------------------------- SUBJECT: Specific Plan Implementation' Ordinances C. Atty, C. Mgr. Issue Summary Staff has received six (6) proposals to write the implementation ordinances for the Specific Plan Area per the attached RFP. Recomnendation After comparing the proposals with respect to approach, scope, final products, process, staffing required, experience, cost and timing, Staff recommends acceptance of the proposal by John Blayney and Associates (attached). Fiscal Impacts The proposals ranged between $15,200 (with no meetings) to $48,000. The recommended proposal has a maximum fee of $18,000 with attendance at six public meetings. (It would be $14,650 without meeting attendance.) These costs are to be recovered by the $172 /lot Specific Plan fee charged at issuance of building permits. Exhibits /Attachments 1. Request for Proposal 2. Proposal for Preparation of Ordinances for Northwestern Hillside Specific Plan Council Action 8/19: Clevenger /Mallory moved to accept proposal frcin Blayney -Dyett and proposed agreement. Passed 5 -0. City of Saratoga REQUEST FOR PROPOSAL The City of Saratoga has recently completed a Specific Plan for the Western Hillsides. In order to implement the Policies and Action Pro - grains of the Specific Plan, it is necessary to adopt various ordinances in a timely manner. The City Council, at their June 2, 1981 meeting, approved the Specific Plan and created a.four -month moratorium in order to allow sufficient time to create these ordinances. (This moratorium may be extended by the City Council). I. SCOPE OF WORK The consultant selected for the project will prepare and draft or- dinances; a report regarding transfer of Development Rights and how the City of Saratoga can implement such a program. Additionally, the consultant shall be expected to participate in the public hearing process through the City Council's final approval. The consultant will be expected to deliver all draft and final ordinances plus copies of all research papers utilized in preparing the reports and ordinances. i A. Ordinances To Be Reviewed 1. Grading'Ordinance Revisions 2. Creation of a Zoning District for the Northwest Hillside Area which includes a Transfer Development Right (TDR) provision. 3. Review of the above mentioned ordinance in order to have compliance with the Open Space Element and the Specific Plan B. A Detailed Report Explaining The Transfer Development Right Process C. Specific Ordinances To Be Revised (All ordinance drafts must comply with applicable state codes and authorities) 1. Grading a. In total compliance with Measure "A" policies b. Inclusion of all grading limitations as indicated in Specific.Plan Policies document C. Incorporating where appropriate erosion control procedures 2. Zoning District Ordinances a. Inclusion of a Transfer Development Right provision b. Creation of allowed-and conditional uses within the district Request for Proposal Page 2 City of Saratoga C. Agricultural uses within the district d. Setback requirements, heights, coverage factors, amount of area to be enclosed by fences. e. Inclusion of the slope /density formula to include a chart indicating the minimum lot size requirement according to average slope of lot. f. Open space provisions to include open space easements, con- servation easements. g. Development standards for ridgeline lots h. Provisions under which horses may be allowed based on Specific Plan Policies and the ABAG 208 studies A copy of the existing Grading Ordinance and the current HCRD ordin- ance and a summary copy of the Special Plan Policies is enclosed for your review. Under the current concept envisioned by the City, the firm which would be awarded the contract would work in conjunction with a project team comprised of the Deputy City Attorney and City Staff members. It is expected that the Staff project team would give initial guidelines, in- terpretation of the Specific Plan policies where necessary, assistance with resource material and review of all Draft Ordinances. The Deputy City Attorney would give preliminary guidance regarding the Ordinance and be available to review all work with the Staff and Consultants. All consultant requests for assistance from the Attorney or Geologist must go through the Planning Director unless other arrangements have been made between the various parties. II. TIME SCHEDULE The City of Saratoga has imposed a four -month moratorium which was initiated on June 2, 1981 and would expire the early part of October. We have indicated to the Council the difficulty in meeting this particular timeframe. However, all efforts should be made to have the public hearing process started by mid - October at the Planning Commission level. The proposal s1Tould indicate your ability to meet this particular time schedule. III. COST The estimate for completion of the project must include preparation of the draft ordinance and participation in meetings with the Plan- ning Commission and City Council. Meetings may be bid separately, but specify your rate for such meetings. Additionally, we would expect that you would submit to the City a completed, reproducible copy of all drafts and a final copy of the ordinance. Request for Proposal Page 3 ' City of Saratoga Your proposal must indicate a "Not to Exceed" Figure. IV. PROPOSAL REQUIREMENTS The proposal shall indicate in detail what is proposed for in- clusion in the ordinances; consultant's experience and qualifi- cation in Hillsides issues and specifically, Transfer Development Rights. Include a resume of individual(s) expected to work on the project with the proposal. It is expected that the City will award the contract on August 19, 1981, therefore, your proposals along with a sample agreement should be received by July 31, at City Hall. V. INFORMATIONAL MEETING In order to clarify the project, there will be a meeting on Monday, July 20, at 3:00 P.M. in the Community Center Building to answer questions and distribute a copy of the Specific Plan Policies. VI. MATERIAL AVAILABLE IN ADDITION'TO SPECIFIC PLAN • Detailed Geological Mapping - William Cotton • Existing Grading $ HC -RD Ordinance i • FEIR for 300 of Area • Circulation plan for area • Traffic Studies - 1981 • ABAG 208 Hydrology /Erosion study • County Resource Maps • Trails & Pathway Maps & Programs • Statement of City Policies re: Grading & Geology Enclosures: 1) Grading Ordinance 2) HCRD Ordinance 3) Northwest Hillside Specific Plan Policies ri I i i PROPOSAL FOR PREPARATION OF ORDINANCES FOR NORTHWESTERN HILLSIDE SPECIFIC PLAN Submitted to City of Saratoga M BLAYNEY -DYETT, URBAN AND REGIONAL PLANNERS July 31, 1981 Blayney -Dyett Urban and Regional Planners John A. Blayney, A.I.C.P. Michael V. Dvett, A.I.C.P. Robert W. Glover, A.I.C.P July 31, 1981 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Mr. R. S. Robinson, Jr., Planning Director Dear Ladies and Gentlemen: In accord with your invitation, we are pleased to submit the accompanying proposal for preparation of ordinances to implement the Specific Plan for the Northwestern Hillsides. We believe our experience working in Saratoga and in Santa Clara County and pre- paring zoning regulations, including hillside development standards, and ordinances providing for transfer of development rights equips us to meet your needs. Our proposal is organized in seven sections: Approach Scope of Work Schedule and Budget City Staff Participation Firm Experience Individual Qualifications Sample Agreement In addition to the material describing our qualifications in this proposal, we are enclosing a firm brochure and loan copies of relevant reports. We urge you to contact client references for their appraisals of our commitment to quality, our creativity, and our adherence to time schedules. Cordially, John A. Blayney sp 177 Post Street. Suite 750 • San Francisco, CA 94108 (415) 421 -7735 • APPROACH The Northwestern Hillside Specific Plan, prepared pursuant to Measure "A," will allow construction of about 480 additional homes in the 2,100 -acre study area. Saratoga intends to adopt specific and detailed regulations that will allow these homes to be built with the least possible impact on the natural environment and existing rural character. The consultant will have primary responsibility for preparing zoning and grading regulations, while the City staff will draft other ordinance revisions called for by the Specific Plan. The objective should be to draft the simplest, least limiting set of regulations that will accomplish the intent of the Specific Plan while minimizing the amount of project review time. It would be possible to select sites for each of the homes to be built that would preserve the existing character to the satisfaction of nearly everyone. The objective of the ordinances to be prepared is to approximate this result without an onerous or arbitrary degree of regulation. Both potential developers and affected residents should be able to determine what will be approved in advance of preparation of a development proposal. Because we believe there is more than one way of accomplishing most of the plan's objectives, we will prepare a report listing alternative regulatory methods, illustrating their application, and describing the pros and cons of each. Following response from City reviewing bodies, we will draft the regulations. Our experience has been that this "options approach" speeds the decision process. We must examine alternatives in • any event, and we anticipate that members of the Planning Commission, the City Council, and interested citizens will want to know why one method is being recommended over another. _• Many of the options will represent trade -offs; regulation of one element may make regulation of another unnecessary or may require another approach to it. For example, if the maximum area of natural ground surface or natural vegetation that may be distrubed is prescribed, grading standards and building coverage will be affected. The visible bulk of a house usually will be less if grading to create a natural- appearing pad is permitted; but if existing trees would screen a house built on natural grade, the least intrusion would result and visible padding should be dis- couraged. A system for transferring development rights may be needed to keep development off important ridgelines. Our options report will explain and illustrate the TDR concept, but it also will describe alternatives to TDR that we may find feasible. -1- SCOPE OF WORK . 1. Review of Relevant Studies; Specify Work Schedule; Assignments Our first step following selection will be to study the existing HC -RD and grading ordinances and the results of their application in detail. We also will review EIRs prepared for portions of the area and relevant sections of the General Plan, inlcuding the Open Space Element. A detailed time schedule will be prepared incorporating both consultant and City staff efforts and procedures to ensure coordination. 2. Regulatory Options Report A report will be prepared to explain and evaluate alternative regulatory devices for implementing the Specific Plan. Sketches will be included where needed to clarify concepts. a. Transfer of Development Rights TDR could be used to keep ridgelines open and may or may not be found necessary to accomplish this objective. The concept will be explained and experience cited, with particular attention given to recent and currently active programs at Malibu and elsewhere in California. Possible applications will be described and impacts on possible receptor areas evaluated. Topics to be covered will include: — Donor sites (ridgetops; possibly riparian areas or highly visible hillsides). — Receptor sites (in same ownership, in Northwest Hillside study area, outside study area). — Mandatory transfer vs. incentives to transfer vs. conditional transfer (each may be applicable to different site conditions). — Method of determining development rights. Allocation could be based on slope density formula, with or without a bonus usable at the receptor site. Limits on density increase at a receptor site must be specified. — Economics of transferable development rights. — Possible legal or precedential problems resulting from mandatory transfer. — Administrative system; extent of City involvement. b. Need for TDR Factors to be evaluated in determining need for development rights transfer or • other mitigating measures will include: -2- — Effect of development on or near ridgetops of different topographic char - acter and with different vegetation. For example, does preservation of ridgetops call for keeping rooflines below a topographic ridge or for avoiding homes silhouetted against the sky as seen from Pierce Road? — Visibility of development. More intensive development can be acceptable where trees dominate. c. Lot Design and House Siting Rarely is sufficient attention given by the subdivision designer to the location of the building site on lots for custom houses. Sometimes owners or architects will select a site that impinges more than necessary on the character of the neighbor- hood when another site on the same lot could provide equal living amenity. To be equitable and effective, siting guidelines must be established at the tentative map approval stage of development rather than after submission of a preliminary architectural design. Alternative levels of detail of regulation will be offered. Issues of concern will include: — Possible limitations on vehicular access: Should access to all portions of the site or even to main living levels be restricted on some sites? — Shared use of access drives as a means of minimizing disturbance of natural terrain. Pros and cons will be examined, together with market acceptance. .. — Area to be enclosed by fences; appearance; impact on adjoining property. d. Grading If final appearance is the major criterion, assuming safety and erosion control are satisfactory, regulation should focus on limiting vegetation removal and blending with natural slopes and revegetation. A combination of limitations on disturbance of natural terrain or specific types of vegetation, and height and slope of cut and fill slopes, could be used to minimize development impacts. In some cases, minimizing grading may result in more intrusive development. e. Roads and Driveways Location criteria and design standards for roads and driveways require balancing rural character, safety, speed, maintenance and construction cost, and cut and fill standards. Alternative standards consistent with the Specific Plan will be analyzed and reviewed with the public works staff. 3. Implementation Checklist Following review of the options report, a checklist will be prepared listing all of the policies in the Specific Plan and noting the recommended means of carrying out the policy, the ordinance (if appropriate) that will contain the provisions, the responsibility (consultant or staff) for ordinance preparation, and the date scheduled for completion of the ordinance outline and the completed draft. This step will avoid duplication or omission by defining the location of regulations that could be incorporated in the zoning ordinance or grading ordinance or could be in other ordinances. 4. Draft Zoning Ordinance District for Northwest hillside Area The ordinance will be compatible with the City's current zoning ordinance, employing the same definitions, organization, and procedures to the extent feasible. A tentative outline will include: — Purpose Statement: A clear statement of the reasons for the district will aid in public understanding and will establish intent in the event of judicial review. — Permitted Uses, including horses under specified conditions. — Conditional Uses, including agriculture and plant nurseries, and criteria to be applied in granting or denying approval of specific conditional uses. — Geologic and Soils Report — Design Review (Reference to Ordinance NS 3.47) — Density: Basic density; rules based on slope /density formula, geological hazards, • preservation of vegetation, and ridgeline preservation. Density transfer provisions will be included as appropriate and necessary. Items to be specified will include: - Types of transfer permitted or required: Within same parcel; to non- contiguous parcel in study area under same ownership; sale to receptor parcel under different ownership within or outside the study area. - Basis of determination of transferable credits. - Limits on credits transferable to receptor parcels by location and zoning district. - Administrative provisions (including legal status of land from which credits have been transferred). — Building Site Designation; Access Requirements and Limitations: Building site designations; provision for review. Access designation; provision for review. Joint access. Access standards; width, grade. — Development Standards for Ridgeline Lots — Front Yard, Side Yard, Rear Yard: Provision for reduced or increased yards based on building site designation, type of access, or transfer of density credits. Area • to be enclosed by fences. QE ry ND 'M .1 — Building Height: Provisions based on location relative to ridgeline and road. Pro- visions based on roof type, visible bulk, and grading. Greater height may be permitted where there is minimum distrubance of the natural grade and existing woodland is retained. Regulation of the maximum visible bulk may be appropri- ate. — Coverage; Floor Area Ratio Standards for buildings (consistent with design review ordinance), impermeable area, and area enclosed by fences. — Applicability to Existing Parcels and Structures . — Open Space and Conservation Easements: When required; form of dedication. 5. Grading Ordinance The present ordinance will be revised to carry out the intent of the Specific Plan and the zoning regulations. Because the grading ordinance will apply citywide and because it already is quite complete, it should remain focused on the procedure for monitoring grading. Based on preliminary review, the erosion planting and driveway standards sections are the only portions that appear to need substantial review. The zoning district regulations will be written to discourage or prevent unnecessary grading, but where grading is necessary the standards will be designed to produce the best final result rather than the minimum total yardage. Where extensive grading would result in loss of valuable natural vegetation, incentives or requirements to minimize the area of disturbance will be prescribed. -5- SCHEDULE AND BUDGET 0 We will complete the Regulatory Options Report within 30 days following authoriza- tion to proceed and will complete the ordinances in draft form within 30 days after receiving policy direction on their content. If the City wishes us to select among the regulatory alternatives with the advice of the City staff project team, the total time from beginning to completion of ordinance drafts can be reduced to 60 days. We will complete one revision of the reports and the ordinances at the time selected by the City, and John Blayney will attend six public meetings within a maximum fee of $18,000. Additional revisions and meeting attendance will be on a time and materials basis at the rates listed if the maximum fee has been reached. Our budget allocation is as follows: Hours Rate Total John Blayney, Partner, Project Manager 200 $65.00 $13,000 Michael Dyett, Partner 20 $60.00 1,200 Joan Young, Planner /Urban Designer 120 $27.50 3,300 Direct Costs 400 TOTAL 340 $17,900 This budget includes $3,250 for time and direct costs covering preparation and attendance at six public meetings. If the City wishes to exclude meeting attendance from the base fee, the guaranteed maximum would be $14,650. 9 We believe that the success of the program is dependent on a cooperative effort to complete the tasks listed under City Staff Participation in the following section. We are assuming at least one full-time equivalent City staff person effort during the report and ordinance preparation period, and have allocated 10 to 15 percent of our time to testing application of the regulations to specific conditions and sites in the study area. -6- CITY STAFF PARTICIPATION .0 We anticipate frequent working meetings with the City staff group that has responsi- bility for the program. In addition to reviewing and commenting on drafts of each of our products, we request the following staff contributions: 1. Identification of specific development (subdivisions) within the study area or else- where in or near Saratoga that meets and does not meet the intent of the Specific Plan. By looking at specific cases and the regulations applicable at the time of approval, we can sharpen our understanding of community concerns and the City Council's intent. Specific cases are likely to be brought up at public hearings. 2. Identification of specific ridgelines that have priority for rentention as open space. Determination of the amount of developable land in parcels that include ridges that could be developed using the standards of the Specific Plan will establish the need for a development rights transfer system. 3. Test application of draft development regulations to one or more large parcels capable of subdivision. If these are parcels for which subdivision maps previously have been prepared, the amount of work will be reduced and the result of the regulations will be more easily seen. 4. Consultation with the City Geologist to ensure correct interpretation of geological and soils work already completed. 5. Consultation with City engineering staff road and driveway standards and grading y ordinance administration. 3* 6. Preparation of outlines or drafts of related ordinances to ensure coordination. The scope covered by the zoning district regulations can vary depending on what is to be covered elsewhere. -7- I FIRM EXPERIENCE • Blayney -Dyett was organized in January 1976 as John Blayney Associates and was renamed Blayney -Dyett in September 1979. John Blayney was co -owner of Livingston and,Blayney from 1959 -75. The firm was formed to offer public agencies and private organizations comprehensive planning services. The Blayney -Dyett principals have completed over 100 planning projects working together. Our current staff of nine is engaged in a wide range of projects, including implementation regulations for the Mendocino County Coastal Element; a new zoning ordinance for Austin, Texas; revision of the Tracy General Plan; and preparation of a Specific Plan for a 13- square- mile area surrounding the Redding Airport. Blayney -Dyett capabilities include: - Zoning Regulations - Growth Management Strategies - Environmental Assessment - Development Standards - General Plan Preparation - Open Space and Recreation Plans - Housing Studies We highlight the following assignments as particularly relevant to the Saratoga Hillside Ordinance Program and urge you to contact client references for their appraisals of the quality of our work. • Development Regulations Mendocino County Coastal Element Implementation Program, 1980-81. Preparation of zoning regulations and other ordinances necessary to carry out the policies of the land use plan and ensure consistency with the Coastal Act were prepared under contract to the Coastal Commission. B -D work also included preparation of a specific program for public access; guidelines and review criteria for the historic town of Mendocino, special communities, and viewsheds; and post- certification permit procedures. To meet the requirements of the Coastal Act, the regulations prescribed detailed standards to be met and review procedures similar to those that may be needed in the Northwest Hillsides. Client: California Coastal Commission Reference: Noah Tilghman, Chief Planner, North Coast Region, (707) 443 -1623 Palo Alto Zoning Ordinance, 1976 -77. New zoning regulations designed to implement specific Comprehensive Plan programs and correct deficiencies in previous regulations were prepared in a cooperative effort with the city's planning staff and with extensive participation by the Planning Commission. The regulations include new multi- family zones, new off - street parking regulations incorporating required bicycle parking and administrative flexibility, and concepts to encourage housing in traditionally non- residential areas. The ordinance was adopted by the City Council early in 1978. Client: City of Palo Alto Reference: Naphtali Knox, former Director of Planning and Community Environment, (415) 321 -7874 • Downtown Portland Development Regulations, 1974 -75. New regulations adopted in 1979 are intended to maintain the small- scale, high intensity character of downtown. Limitations are imposed on parking capacities and locations to implement the city's policy of reducing air pollution and encouraging walking and transit use. Interruptions of retail frontage, blank walls, and setbacks that threaten the vitality of the retail core are regulated. Bonuses are awarded to stimulate downtown housing development. A transfer of development rights system intended to preserve historical buildings was included in the proposed ordinance. Client: City of Portland Reference: Rodney O'Hiser, Senior Planner, Downtown Plan Office, (503) 248 -4253 Rancho Cucamonga Zoning Ordinance, 1978 -79. Following completion of the Land Use and Circulation elements of the new city's first General Plan, a zoning ordinance was prepared to replace county regulations adopted as an interim measure. Problems to be solved include simplifying administrative procedures; setting design standards that reflect differences in the three communities —Alta Loma, Cucamonga, and Etiwanda- that comprise the 35- square -mile city; and fitting regulations both to older areas developed under permissive county zoning and to the two-thirds of the city that is not yet urbanized. Particular attention was given to hillside development standards. The adoption process has been delayed pending completion of the remaining elements of the General Plan. Client: City of Rancho Cucamonga n Reference: Jack Lam, Director of Community Development, (714) 989 -1951 Santa Cruz Greenbelt Study, 1979 -80. In March 1979, Santa Cruz voters approved Measure O, an initiative establishing a greenbelt around the city and mandating a growth management program to implement greenbelt policies. B -D is working with the City Attorney and Planning Department staff, evaluating environmental resources and establishing allowable open space uses consistent with the policies set in the IL initiative. Hillside development regulations including a provision of transfer of development credits have been prepared. The draft ordinance includes detailed devel- opment standards and provides for development agreements between the city and landowners. Client: City of Santa Cruz Reference: Steve Russell, Senior Planner, (408) 429 -3571 Hillside Community Planning Palo Alto Foothills Environmental Design Study (Open Space vs. Development), 1969 -70 (Livingston and Blayney). Analysis of alternative uses of 7,500 acres of open land, including environmental studies and projection of governmental costs and revenues, resulting in a conclusion that public purchase and retention of the land as open space would be less costly to Palo Alto taxpayers than development by private builders. Client: City of Palo Alto -9- Hamilton New City Development Plan, Santa Clara County, California, 1964 -66 • (Livingston and Blayney). Plan for a 10,000 -acre community for 100,000 population on steep land in the Santa Clara Valley foothills. Contruction was deferred. Client: Oceanic Properties Visitacion Ranch Development Plan, 1961 -62 (Livingston and Blayney). Plan for high density residential development on portion of Mt. San Bruno. Construction was deferred pending resolution of the continuing conflict between proponents of open space preservation and developers. Client: Crocker Land Company Saratoga and Santa Clara County Experience Saratoga General Plan, 1959 -60, revised 1967 (Livingston and Blayney). Palo Alto Comprehensive Plan, 1973 -76. Continuous assistance to the city staff included programming, conceptual design, preparation of technical memoranda, report writing, and participation in dozens of public meetings. The plan, adopted in 1976, received a 1977 Northern California Section AIP Honor Award. Client: City of Palo Alto Reference: Naphtali Knox, former Director of Planning and Community Environment, (415) 321 -7874 Criteria for Determining Whether a Residential Development Yields Net Benefit (San Jose Measure B Study), 1975. This study, mandated by a 1973 initiative to stop or slow residential development where schools were overcrowded or other public facilities were lacking, was part of a comprehensive growth management study of optimum city size, minimum necessary public facilities and services, costs and benefits of resi- dential development housing for all income groups, and environmental impacts. Recommendations: (1) A uniform system of charges to developers should be adopted for relief of school overcrowding if it exists at the time a building permit is issued. (2) A determination of the "net benefit" should be made before a residential devel- opment is approved by finding that the sum of economic, fiscal, social, and environmental benefits outweighs the disbenefits. (3) An urban service program, con- sisting of a five -year program for financing minimum necessary public facilities, should be adopted for each planning area. Fiscal net benefit for each project would be based on conformity to the urban service program rather than on a cost - revenue analysis of a single project. (4) All developments containing sale housing should include a specified share selling at an unsubsidized "market minimum" price. (5) Master Environmental Impact Reports should be prepared for each urban service area to provide better analysis of cumulative effects and to reduce the need for project EIRs. (6) Development taxes should be proportional to the value of the housing unit and waived for market minimum housing. Client: City of San Jose Reference: Donald de la Pena, formerly with San Jose Office of Policy Research, (408) 297 -8273 9 -10- Varian Plant Location Study, 1961 (Livingston and Blayney). Search for a 100 -acre ,,-• site in San Mateo and Santa Clara counties for an electronics plant, comparing the present value of short - and long -range costs and benefits. Vallco Park, a commercial - industrial complex in Cupertino, resulted. `I Client: Varian Associates J Reference: Edward Ginzton, Chairman of the Board, Varian Associates t 1 1 i 7 -11- INDIVIDUAL QUALIFICATIONS 0 John Blayney, Partner, will be project manager and principal author of the report and the ordinances. He will attend staff and public meetings in Saratoga. John Blayney is a planner and architect with extensive experience in preparing zoning ordinances, including hillside development regulations. He was co -owner of Livingston and Blayney, City and Regional Planning Consultants, from 1959 -75, and has been a principal in his present firm since 1975. Related experience as partner in charge or participating partner includes: — Preparation of zoning ordinances for Pleasanton, Riverside, Palo Alto, Rancho Cucamonga, and Austin, Texas. — Hillside development regulations, including requirements for preservation of natural vegetation, Corte Madera. — New City of Hamilton in foothills east of Morgan Hill (not built). This project (for Oceanic Properties, developers of the Sea Ranch) explored alternatives for development on steep hillsides. — Development Plan for Visitacion Ranch Property, San Mateo County. Plan for much denser hillside development than would be permitted in Saratoga was blocked by the continuing debate on the future of Mt. San Bruno. — Palo Alto Foothills Environmental Design Study (Open Space vs. Development) for • the City of Palo Alto. — Palo Alto General Plan Revision, 1973 -76. — Saratoga General Plan, 1960. — Mendocino Coastal Element Program. Detailed development regulations to meet Coastal Act requirements comparable to Northwest Hillside Specific Plan. — Portland Downtown Development Regulations, including transfer of development rights provision for historic preservation. — Moraga Meadows EIR. Review of subdivision design that proposes development along ridges in a community with General Plan policies calling for avoidance of ridgetop development. John Blayney holds B.S. and B.Arch. degrees from the University of Southern California (1949), an M.C.P. from the University of California (1954), and a California architectural license. He is a member of the American Institute of Certified Planners and Lambda Alpha Honorary Real Estate and Urban Economics Society. Michael Dyett, Partner, will provide critical review in the analysis of trade -offs under alternative development regulations. Mr. Dyett has had extensive experience in formulating policies and standards to manage land development in environmentally sensitive habitats. Assignments particularly relevant to the Saratoga ordinance • program include: -12- I` G le it j — Partner in Charge, Santa Cruz Greenbelt Program. This project involved an evaluation of the land capability and suitability for development of the city's 3,000 -acre greenbelt. Mr. Dyett prepared a resource management plan and proposed development standards and implementing regulations, including an analysis of hillside development options and including use of development agreements to provide for TDR. — Development impact analysis for San Jose and Del Mar. — Author, Simi Valley Cost - Benefit Analysis Procedures — Partner in Charge, San Francisco Bay Habitat Protection Progam — General Plan studies for Santa Barbara County and Santa Rosa Mr. Dyett received his B.A. and Master of Regional Planning degrees from Harvard University, and is a member of the American Institute of Certified Planners. Joan Young, Planner /Urban Designer, will participate in the preparation of design guidelines and development regulations, with particular emphasis on siting homes in critical environmental areas. Her experience includes: — Project Planner, Mendocino Coastal Element Implementation Program — Urban Designer, Santa Cruz Greenbelt Study — Project Planner, Redding Airport Land Use Plan — Teaching Associate (Design and Planning Methodology), College of Environmental Design, University of California at Berkeley — Site Analysis, Hamilton Air Force Base (for Van Der Ryn, Calthorpe & Partners) Ms. Young completed both her B.A. (highest honors) and M.A. in architecture at U.C. Berkeley. -13- DRAFT AGREEMENT • FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into the day of , 1981 by and between the CITY OF SARATOGA, a Municipal Corporation of the State of California, hereinafter referred to as "City," and Blayney - Dyett, A California Corporation, 177 Post Street, Suite 750, San Francisco, California 94108, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, City desires to retain consulting services for preparation of ordinances to implement the Northwestern Hillside Specific Plan; and WHEREAS, Contractor is qualified to conduct such studies; and WHEREAS, Contractor is willing to render services required in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, agreement, and conditions herein, the parties hereto do hereby agree as follows: 1. Contractor's Services. Contractor shall diligently perform the services and furnish the materials hereinafter set forth: a. Contractor shall complete the scope of work set forth on pages 2 through 5 of the Contractor's July 31, 1981 proposal to the City, incorporated herein by reference as Exhibit A. b. Contractor's principal will attend up to 6 public meetings, provided that attendance at meetings more than 90 days following completion of all products or in excess of 6 shall be charged at hourly rates plus direct costs if the maximum fee has been reached. c. Contractor will meet with the technical staff of the City and other pertinent agencies involved as mutually agreed to be necessary for the effective con- duct of the work. d. Contractor shall furnish 10 review copies of all products, together with originals suitable for further reproduction. 2. City Participation and Services. The City staff shall participate as described under the section titled "City Staff Participation" of the Contractor's July 31, 1981 proposal. n U -1- TV ) + 3. Term. The work described inItem (la) shall be performed in accordance with the time schedule set forth in the section titled "Schedule and Budget" of the Contractor's July 31, 1981 proposal. The time schedules may be altered by mutual agreement of the City and the Contractor. 4. Ownership of Work. All documents, data studies, surveys, drawings, maps, and reports furnished to the Contractor by the City, as well as reports and supportive i im data prepared by the Contractor under this contract, shall be considered the prop- erty of the City and, upon completion of the services to be performed, be turned over to the City. 5. Compensation and Payment. The City agrees to pay the Contractor for all ser- vices rendered and materials provided in the performance of the specified work scope a sum not to exceed $17,900, provided that additional services specified in i,. paragraph 1(b) shall be charged at standard billing rates as set forth in Exhibit B if the maximum fee has been reached. Contractor shall bill the City monthly for work done and direct costs incurred during the preceding month, and City shall pay within 30 days of receipt of bill- ing. Personnel shall be billed in accord with the schedule shown in Exhibit B. j Direct charges incurred by Contractor in the performance of services specified by 3 this Agreement shall include purchase of maps and photographs, reproduction - costs, travel and subsistence, long distance telephone, delivery costs, and any fees, insurance, permits, and licenses applicable to this Agreement only. Time spent traveling is not charged when a full day is worked on this project. Secretarial services are included in professional hourly rates. 6. Contractor's Status in the Performance of the Services Specified Herein. Con- tractor is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Services called for herein shall be deemed to be unique, personal services and Contractor shall not assign, sublet, transfer, or otherwise substitute its interest in this Agreement, or its obligation hereunder, without the written consent of the City. 7. Changes. The- City may, from time to time, request changes in the scope of service performed by Contractor. Any increase or decrease in the amount of Contractor's compensation occasioned by such changes shall be as mutually agreed upon in writing between the City and Contractor. 8. Unqualified Right of Termination by City. City reserves the unqualified right to terminate this Agreement at any time by depositing a notice of termination in the U.S. mail to the Contractor that the Agreement is terminated, and no further work shall be performed by Contractor. If the agreement is so terminated, the Contractor shall be paid for services performed up to the time notice of termina- tion is received for all services rendered and expenses incurred in accord with the rates listed in Exhibit B. 9. Compensation for Testimony and Preparation Thereof. If any legal action is brought against the City in connection with the services that are the subject of this Agreement, by other than Contractor or subcontractor and not based upon the wrongdoing of Contractor or subcontractor, and it becomes necessary for -2- r ! Contractor or any employee thereof to testify or provide information or material in any such action, or if the City requests such involvement, the City shall compensate Contractor for professional time at Contractor's standard rates and for any expenses necessarily incurred in connection with such testimony and the preparation thereof. Such compensation shall be in addition to the maximum charge for the services to which reference is made in paragraphs 1(a) and (b) of this Agreement. 10. Hold Harmless. Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, liability, costs, and expenses of whatever nature, including court costs and counsel fees arising out of injury to or death of any person or persons or loss of or physical damage to any property resulting in any manner from the willful acts or negligence of Contractor, its subcontractors, agents, employees, licensees, or guests in the making or performance of this Agreement. 11. Insurance. Contractor agrees to maintain in full force and effect during the course of this Agreement bodily injury liability insurance in the amount of $500,000 per occurrence and property damage liability insurance in the amount of $100,000 per occurrence. In addition, Contractor shall be responsible for and pay for all Workman's Compensation Insurance and agrees to furnish City with a copy of its Workman's Compensation Insurance Policy, if requested. • 12. Conflict of Interest. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contrac- • for further covenants that in the performance of this contract no person having any such interest shall be employed. 13. Equal Employment Opportunity. Contractor is an Equal Opportunity and Affirmative Action employer and agrees to comply with applicable requirements governing equal employment opportunity. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written. CITY OF SARATOGA A Municipal Corporation RN ATTEST: IM -3- Blayney -Dyett A California Corporation r� U • • EXHIBIT B BLAYNEY -DYETT PERSONNEL COSTS John Blayney, Partner Michael V. Dyett, Partner Other Professional Staff $65 per hour $60 per hour 2.75 times hourly payroll costs (rates range from $20 to $40) Rates include clerical costs. Rates subject to adjustment effective July 1, 1982.