Loading...
HomeMy WebLinkAbout10-07-1981 CITY COUNCIL AGENDACITY OF SARATOGA AGENDA BILL NO: 1f5 DATE: October 7, 1981 DEPARTMENT: Maintenance Services Initial: Dept. Head: City Atty : City Mgr . SUBJECT: Agreement Between the City of Cupertino and the City of Saratoga For the Overlay of a Portion of Prospect Road Issue Summary The City of Cupertino is currently calling for bids for their "Annual Overlay Project ". Because of its size, estimated at $500,000, they anticipate very good unit prices for this work. The area of Prospect Road, shown on the attached exhibit is in much need of an overlay. Its surface is badly cracked and has numerous.pot holes. The attached Agreement provides for Cupertino completing the full street width with the City of Saratoga reimbursing them for our half on a bid unit price basis. The cost to us is estimated to be $5,500 +. (See attached). By participating in this needed cooperative project, the City will save between 25 to 30% of what we would normally expect to pay. This is due to the size of the Cupertino Project and because they are absorbing all design and administration costs. Recommendation Council should authorize the Mayor to execute the subject Agreement. Fiscal Impact Expenditure of approximately $5,500 which is to be included in the yet to be adopted 1981 -1982 Fiscal Year Capital Improvement Budget. This funds are provided from State Gas Taxes which are estimated to be $357,300 during this fiscal year. Exhibits /Attachments 1. Sketch plan of subject area 2. Proposed Agreement together with Cost Estimate for designated work quantities. Council Action 10/7: Watson /Mallory moved to approve agreement and authorize Mayor to execute. Passed 5 -0. --)) I i o� w' Q l N NQ SCA L E PP G SF'E. C 7- C/ 7' - --t,- R 0, $UUNDARY A6RITIkIENT BETWEEN TPE C17"f OF" �OP6 -RTMO A/Vo THE CITY OF SAA;?,A T O6A FOAF THE O IIE-RL.A K OF' A QOM? —rIOe l Off' 0� 'OSp� C T" RO.A D L t f J h I i r e 0 Q h r AGREDIENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF SARATOGA FOR THE OVERLAY OF A PORTION OF PROSPECT ROAD THIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter referred to as " CUPERTINO" and the CITY OF SARATOGA, a municipal corporation of the State of California, hereinafter referred to as "SARATOGA ". WITNESSETH: WHEREAS, CUPERTINO plans to overlay a portion of Prospect Road together with all work necessary to complete the overlay, all of which said improvements shall be hereinafter referred to as "PROJECT "; and 1iIiEREAS, certain portions of Prospect Road lie within the jurisdiction of Cupertino and Saratoga; I- 'HEREAS, for the best interest of the public, CUPERTINNO and SAPATOGA desire to have said portion cf Prospect Road overlayed in an orderly- and economical i:ianner �:is a joint cooperative project. \O'.•:, TiiERETORE, the parties hereto agree as follows: A`,TICLE I. PROJECT AMINISTRATION I.. Ti:. project will be performed by contract. CUPERTINO will prepare the plans, specifications and project cost estimate and will award and administer the contract pursuant to the laws governing CUPERTINO. CUPERTINO will make all payments to contractor, and it will pay all other costs in connection with the PROJECT. ARTICLE II FINANCE 1. The PROJECT is proposed to be financed by CUPERTINO and SARATOGA. Each party's share of the PROJECT cost will be based on the construction cost of the -1- overlay improvements within the party's jurisdiction. 2. SARATOGA'S estimated share of the PROJECT cost, is $5,500.00. SARATOGA agress to deposit $5,500.00 with CITY. (See-attached Exhibit A) 3. Upon completion of PROJECT, CUPERTINO shall determine the actual PROJECT_ cost and advise SARATOGA of its share of said cost based on the actual items of work construction in its area of improvement responsibility at the respective contract prices. Should SARATOGA'S final cost exceed the amount deposited with CUPERTINO, SARATOGA shall pay CUPERTINO the additional amount within thirty (30) days after billing by CITY. Should SARATOGA'S final cost be less than the "amount deposited with CUPERTINO, CUPERTINO shall refund the excess amount within thirty (30) days of final accounting by CUPERTINO. ARTICLE III • HOLD HARKLESS /INSURANCE a.) Hold Harmless Provision CUPERTINO shall include a hold harmless provision in the contract which shall read substantially as follows:. "Contractor hereby releases and agrees to protect defend, hold harmless and indemnify the Public Entities from and against all claims, injury, liability, loss, cost and expense, or damage, however same may be caused including all costs and reasonable attorney's fees in providing the defense to any claim arising therefrom, for any loss of or damage to property (real and /or personal) and for personal injury to or death of any person or persons arising out-of, occurring by reason of, or.in any way connected with the prosecution of the work by the Contractor or subcontractor under the Contract, or in consequence thereof, regardless of any negligence or alleged negligence on the part of any Public • Entity employee to the extent that such is not in conflict with Civil Code Section -2- 2782." b) Insurance CUPERTINO shall require any contractor awarded a contract for any portion of said PROJECT to secure and maintain in full force and effect at all times during construction of said PROJECT and until said PROJECT is accepted by CUPERTINO public liability and property damage insurance holding the designated parties harmless. The aforementioned insurance shall contain a provision that the insurance afforded thereby to CUPERTINO and SARATOGA and their respective governing bodies, officers and employees shall be primary insurance to the full limits of liability of the policy, and if CUPERTINO and /or SARATOGA have other insurance coverage, that other insurance shall be excess insurance only. ARTICLE IV AMENDMENTS No amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. ARTICLE V RECORDS AND ACCOUNTS CUPERTINO shall keep, maintain and render available for inspection by SARATOGA or its authorized representatives, records and books which will provide a complete and accurate account of all costs, fees and expenditures made by CUPERTINO on said PROJECT. ARTICLE VI TERMINATION If CUPERTINO has not awarded a contract for said PROJECT by this Agreement shall be null and void, unless an extension of time is • mutually agreed to in writing. -3- IN WITNESS WHEREOF, the parties hereto have executed the Agreement the day and year first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk APPROVED AS TO FO&NI: City Attorney ATTEST: City Clerk -4- CITY OF CUPERTINO By: CITY OF SARATOGA By : Mayor Mayor C C� r' • • • EXHIBIT A CITY OF SARATOGA 1. 11,190 S.F. = 143 Tons x $30 2. Raise 2 Manhole r. $150 3. Raise 2 Water Valve Box $100 4. 100 L.F. of Paint 5. Wedge Cut 130 L.F. x $0.75 143 Tons AC x $30 = $4,290.00 11,190 S.F. Fog Seal x 0.01 = 111.90 2 - Manholes - raised x $150 = 300.00 2 - Water Valve Box raised x $100 = 200.00 Wedge Cut 130 L.F. x $0.75 = 97.50 Paint $ $4,999.40 + 10;' contingency $5,499.34 Say $5,500.00 CITY OF SARATOGA AGENDA BILL NO: 810 DATE: October 7, 1981 DEPARTMENT: Maintenance Services SUBJECT: Community Center Addition - Change Order Number 1 Issue Summary Initial Dept. Hi City At City Mg Several additions and adjustments need to be made in the contract for the Community Center Addition. Item #1 - Hose Bibb and #4 - Interior Changes are relatively minor changes. Item #3 - Telephone Conduit is necessary to provide proper location and correct encasement protection for the telephone cable. Item #2 - Curb and Wall is a new item being recommended to improve appearance, protect landscaping and reduce maintenance. Architect Warren Heid and Contractor Christensen Construction have both approved the change order and amounts for each item. Recommendation Approve Change Order #1 for Community Center Addition and increase contract of Christensen Construction Company by the amount of $5,934.58• Fiscal Impact A total of $241,000 was allocated from HUD funds for this project. The architect fees and approved contract total $225,778 leaving a balance of $15,222. If this change order is approved the fund will have an uncommitted balance of $9,287,42. The only additional cost anticipated is the cost of Pacific Telephone and Telegraph to install phone cable in new conduit. Exhibits /Attachments Explanation of Change Order items. Change Order. Contractor's quotes. Council Action 10/7: Clevenger /Mallory moved to approve change order. Passed 4 -1 (Jensen opposed). REPORT TO MAYOR AND CITY COUNCIL SUBJECT: COMMUNITY CENTER ADDITION CHANGE ORDER # 1 MTG DATE AGENDA # EX VALT DATE: Sept. 25, 1981 COUNCIL MEETING: Oct. 7, 198:1 The following is an explanation of the requested change order. Item No. 1: Hose Bibb Cost: $187.50 It was necessary to provide an outside building source of water for landscape maintenance purposes, not only does the connection provide a faucet above ground but provides appropriate underground valves to connect a future irrigation system for landscape purposes. Item No. 2: Curb and Wall Cost: $3,000 The new parking lot was planned so access would not be allowed from the back City Hall parking lot and so the area would drain toward the present parking lot drainage channel. Following the grading of the lot which allowed us to locate all phone, electric and gas lines that connect the Community Center and City Hall, it was determined that original plans to "mound" the divider between the lots was not possible without incurring a major cost of relocating the ;lfi .1r.ge below ground boxes which house the phone and electrical.connections. Therefore, we currently have a "dirt" wall which will erode with rain and cause drainage problems, the area above the wall cannot be appropriately landscaped because of slope and the appearance is unacceptable to this Director. The addition of the two foot wall will eliminate all of the above problems and will provide further protection for the electrical and phone boxes as well as the phone conduit which will be layed below ground behind the wall. The retaining wall is to be at the north end and west side.of the parking lot and extends far enough on the western border to protect the grade of the Community Center backyard and the area to be relandscaped. Several small bushes will be relocated but the trees will remain. The wall. will be poured with cement six inches below and 24 inches above the surface of the parking lot. September 25, 1981 Community Center Addition Change Order #1 Page Two Item No. 3: Telephone Conduit Cost: $1,600 Council is aware that a major problem occurred during grading and trenching for the Addition with the location of the telephone cable. The cable was originally layed in a haphazard manner, a minimum of 12 to 24 inches below ground level, not in a straight line and was unprotected except for a plastic casing. The line was cut once during trenching and Pacific Telephone did restore service but made no attempt to cover or protect the cable. In order to provide the proper protection and location of this cable, which connects all phones at the Community Center and Service Yard to City Hall, it is necessary for the City to provide the appropriate conduit and underground pull box so Pacific Telephone can reinstall the cable and make the proper: connections to the control board in the Community Center. I do anticipate an additional cost for Pacific Telephone to do the actual installation of phone lines, Contractor provides conduit and pull wires as per normal procedure. Item No 4: Interior Changes Cost: $1,147.08 After the contract for the building addition was awarded and construction began the Senior Area Coordinating Council Furnishings Committee met with staff and the architect to discuss and select interior wall colors, floor coverings, appliances, etc. The Furnishings Committee, in order to select the right items and atmosphere for the Seniors, requested to be allowed to provide wallpaper and carpet in some places where paint and tile had been outlined in the contract and to have the City consider the addition of applicances and lockers which are allowed expenses under the HUD program but which had been withheld from the original bid due to the total building contruction cost estimates. Following the interchange of ideas the result is the savings for the City provided by the Furnishings Committee and their agreement to pay for the cost of wallpaper and carpet, if the City would support the cost of two applicances and lockers. Basically, the City's additional cost is for a refrigerator, garbage disposal and lockers for the various groups and kitchen equipment. Staff consider the applicances and lockers to be a part of the building and therefore an eligible expense. The recommendation for this change is supported by the Senior Coordinating Council Furnishings Committee which is working to raise funds to furnish the interior of the building. Staff recommend the approval of all items outlined in the change order, the architect has reviewed all items and Christensen Construction Company has committed to the cost.for providing the changes. Construction of the building is progressing rapidly, and Contractor estimates completion in November. September 25, 1981 Community Center Addition Change Order #1 Page Three Staff will be available at the meeting to answer any questions you might have regarding this Change Order. &A-ta J�� Barbara Sampson, Director Maintenance Services Department ms cc: Warren Heid Christensen Construction Stan Carnekie Joan Pisani CHANGE ORDER AIA DOCUMENT G701 Distribution to OWNER ❑ UTG DATE ARCHITECT ❑ $3,000.00 CONTRACTOR ❑ AGENDA FIELD ❑ 1,600,00 OTHER ❑ -:: iDiT'� PROJECT: Addition & Alterations to Community CHANGE ORDER NUMBER: 1 (name, address) Center for City of Saratoga 19655 Allendale Avenue, Saratoga, Ca, INITIATION DATE: TO (Contractor): --� F R. Christensen Construction Co. Ind . ARCHITECT'S PROJECT NO: 8010 359 S • Baywood Drive, CONTRACT FOR: Additions and Alter- San Jose, California 95128 ations to The Saratoga Community Center L ____I CONTRACT DATE: May 20, 1981 You are directed to make the following changes in this Contract: Item No. 1: Installation of hose bibb per letter of 7/13/81 $187,50 Item No. 2: Addition of curb /retaining wall at parking area per Sheet G -3 and letter of 9/11/81 $3,000.00 Item No, 3: Installation of 2" telephone conduit per Sheet G -3 and letter of 9/22/81 1,600,00 Item No. 4: Change of appliances, painting, flooring, lockers, and windows per letter of 9/22/81 19147,08 Not Valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ 195,478.00 Net change by previously authorized Change Orders .... ............................... $ 0.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ 195,478.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order .......................... ............................... $ 5,934-58 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ 201,412-58 The Contract Time will be (increased) (decreased) (unchanged) by ( no ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: Warren B. Heid Roger S. Christensen AK W :6 Big Basin Way c rP�ncTgaywood Drive 9V 5 Fruitvale Avenue • Ac batoga, California A&almsJose, California /SA toga, California p 1 l LGt F c �IG�G C`'.ZL��� BY.— BY BY DATE 9 /24/81 DATE C, "r ah' DATE AIA DOCUMENT 0701 CHANGE ORDER APRIL 1978 EDITION AIA® © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6701 — 1978 R. CHRISTENSEN CONSTRUCTION CO., IIic -d 359 SO. BAYWOOD AVE., SAN JOSE, CA 95128 a TELEPHONE (408) 246 -1864 ROGER CHRISTENSEN July 13, 1981 Warren B. Heid, AIA 14630 Big Basin Way Saratoga, CA 95070 Dear Warren: Please issue a change order to add an exterior hose bibb, to the rear of the Saratoga Community Center, Per Barbara Sampsons request. The amount of the bibb and installation. $187.50 Than "ou, '0 S. Christensen g President RSC /sdc R. CHRISTENSEN CONSTRUCTION CO., INC. 359 SO. BAYWOOD AVE., SAN JOSE, CA 95128 TELEPHONE (408) 246 -1864 ROGER CHRISTENSEN September 11, 1981 Warren B. Heid, AIA 14630 Big Basin Way Saratoga, CA 95070 Re: Retaining Wall Estimate Saratoga Community Center Dear Mr. Heid: The following is a breakdown for a retaining wall 2 ft. High and 100 ft. long for Saratoga Community Center. Concrete 8 3/4 $ 542.00 Rebar 275.00 Forming Labor 2 Men/ 1 Day 720.00 Finishing Labor 2 Men /l Day 720.00 Trenching 180.00 Form Material 190.00 Misc. 100.00 $2,727.00 10% Overhead and Profit 273.00 TOTAL $3,000.00 Sincerely, R. CHRISTENSEN CO_NST CO INC. ,,1Zo&r S. Christensen RSC: sc R. CHRISTENSEN CONSTRUCTION CO., INC. 359 SO. BAYWOOD AVE., SAN JOSE, CA 95128 a TELEPHONE (408) 246 -1864 ROGER CHRISTENSEN September 22, 1981 Warren B. Heid, AIA 14630 Big Basin Way Saratoga, CA 95070 Re: Saratoga Community Center Dear Mr. Heid: Please issue a change order for the underground telephone lines. There will be 190 ft. of conduit 2" in diameter, with an underground pullbox as per the Telephone Company. Work will be performed by R, Christensen Construction Co, Material $ 307.39 Equip Rental 285.52 Labor 729.40 Total $1,322.31 Overhead 132,23 $1,454.54 Profit 145.46 TOTAL C.O. AMT $1,600.00 Thank you. R. MRISTENSEN CONSTRUCTION CO., INC. ge S. Christensen President RSC:sc R. CHRISTENSEN CONSTRUCTION CO., INC. 359 SO. BAYWOOD AVE., SAN JOSE, CA 95128 TELEPHONE (408) 246 -1864 ROGER CHRISTENSEN September 22, 1981 Warren B. Heid, AIA 14630 Big Basin Way Saratoga, CA 95070 Re: Saratoga Community Center Dear Mr. Heid: Please issue a change order for the following items: Appliances - Add Change in color $ 20.00 Refrigerator - Added 469.00 Disposal (Wasteking) - Added 109.00 $598.00 598.00 Painting - Excluded Rooms 103, 104, 105, 106, 107 ($240.00) (240.00) Flooring to be Armstrong Excelon N/C N/C Floor Tile omitted -Rms 103,104,105 ($360.00) (360.00) Wood lockers as per detail 12 Openings - Add $1,100.00 1,100.00 If metal lockers used Deduct $380.00. Change Windows - Deduct ($150.00) (150.00) TOTAL $948.00 10,10 Profit 94.80 TOTAL $1042.80 107o Overhead 104.28 TOTAL CHANGE ORDER AMOUNT 1147.08 R. CHRISTENSEN CONST. CO., INC. r RogeY S. Christensen President RSC:sc 1 AGENDA BILL NO. DATE: 10/7/81 DEPARTMENT: Comm. Dev. CITY OF SAWgLy -;A SUBJECT: Removal of Bus Loading Zone on Paseo Presada Initial: Dept. Hd. C. Atty. 1 C. Mgr. Issue Summary In May, 1981, there was a teacher's aid strike throughout the County. E1 Quito School on Bucknall Rd. was affected. The school requested and was granted a temporary Bus Loading Zone on Paseo Presada near Bucknall Road. The.strike is over and a resolution has been prepared which will supersede MV -lA5 which established the Bus Loading Zone. Recommendation Adopt Resolution No. MV -146, which supersedes MV -145. r Fiscal Impacts None Exhibits /Attachments Resolution No. MV -146. Council Action 10/7: Res. MV -146 approved on Consent Calendar. RESOLUTION NO. MV -146 RESOLUTION PROHIBITING PARKING ON A PORTION OF PASEO PRESADA The City Council of the City of Saratoga hereby resolves as follows: Section 1: The following portions of street in the City of Saratoga are hereby declared not to be congested areas and the following limits for parking of motor vehicles are hereby established for said portions of streets: Name of Street Description Parking Limit Paseo Presada East side of Paseo Presada from a starting point of ANY TIME 120'+ north of the center- line of Bucknall Road and ending at a point 345'+ north of the centerline of Bucknall Road This section is temporary and shall become effective at such time as the proper markings are installed as delineated above until rescinded by resolution This resolution supersedes Resolution No. MV -145, which esta- blished a Bus Loading Zone on Paseo Presada. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the vote: AYES: NOES: ABSENT: ATTEST: day of CITY CLERK , 1981, by the following MAYOR • • i AGENDA BILL NO. J1*7 DATE: 10/7/81 &R'nT=: Comm. Dev. CITY O 5t1itl�llX�1 S=.CT: Removal of Bus Loading Zone on Paseo Presada -------------------------------------------------------- - - - - -- Issue Sumnary Initial Dept. C. Atty. C. Mgr. In May, 1981, there was a teacher's aid strike throughout the County. E1 Quito School on Bucknall Rd. was affected. The school requested and was granted a temporary Bus Loading Zone on Paseo Presada near Bucknall Road. The - strike is over and a resolution has been prepared which will supersede MV -1A5 which established the Bus Loading Zone. Recommendation Adopt Resolution No. MV -146, which supersedes MV -145. • t Fiscal Impacts None Exhibits /Attachments Resolution No. MV -146. Council Action C CITY OF SARATOGA Initial: AGENDA BILL NO. Dept. Hd. DATE: 10./7/81 C. Atty. . DEPAI:I'=: Comm. Development C. Mgr. S=-Cr: PROHIBITION OF PARKING ON PORTIONS OF SARATOGA /LOS GATOS ROAD -------------------------------------------------------------------------------- - - - - -- Issue Summary Caltrans is installing bicycle lanes on Saratoga /Los Gatos Road from Big Basin Way to beyond Saratoga's City limits. They have requested that Saratoga prohibit parking on a portion of Saratoga /Los Gatos Road near the Village. Resolution No. MV -147 has been prepared to prohibit parking in the area requested. This area is not normally used for parking anyway. Recommendation Adopt Resolution No. MV -147. Fiscal Impacts $300.00 Exhibits /Attachments 1. Resolution No. MV -147 2. Location Map Council Action 10/7: Approved Res. MV-147 on Consent Calendar. r ' RESOLUTION NO. MV -147 RESOLUTION PROHIBITING PARKING ON A PORTION OF SARATOGA /LOS GATOS ROAD e The City Council of the City of Saratoga hereby resolves as follows: Section 1: The following portions of street in the City of Saratoga are hereby declared to be congested areas and the follow- ing limits for parking of motor vehicles are hereby established for said portions of said streets: Name of Street Saratoga /Los Gatos Rd. Saratoga /Los Gatos Rd. Description Westerly side of Saratoga/ Los Gatos Rd. from a start- ing point of 45'+ south of the centerline of Big Basin Way and ending at a point 3051+ south of the center- line of Big.Basin Way Easterly side of Saratoga/ Los Gatos Rd. from a start- ing point of 76'+ south of the centerline of Big Basin Way and ending at a point 326'+ south of the center- line of Big Basin Way Parking Limit NO PARKING ANY TIME NO PARKING ANY TIME This section shall become effective at such time as the proper markings are installed as delineated above. The above and foregoing resolution was passed and adopted by the City Council of the,City of Saratoga at a regular meeting held on the AYES: NOES: ABSENT: 0 ATTEST: day of CITY CLERK 1981 by the following vote: MAYOR r. ,,/ V Zica lol� lWrll-) Ai /�j /1 • Q i o C �l v1 Lora f/ol7 Mrlll-) -peso /J f /cam /1� V /- 7 i CITY OF SARATOGA ACk"WA BILL NO. liq DATE: 10/7/81 Initia Dept. C. Att DEP1U1(I1V1tNr: Comm. Dev. C M g r ----------------------------------------------------------- FINAL ACCEPTANCE FOR TRACT 6393 - BRIAN KELLY, INC. SARATOGA /SUNNYVALE RD. •------------------------------------------------ - - - - -- Issue Su mazy The one year maintenance period for the subject tract has expired and all deficiencies have been corrected. At this time, the City must take action to release the Improvement Bond on this project. Recommendation 1. Authorize release of the attached described Letter of Credit. Fiscal Impacts None Exhibits /Attachments 1. Memo describing tract and bond. Council Action 10/7: Approved on Consent Calendar. r{j► r. �'3 `��►,,;,` ° � y� 13777 FRUITVALE AVENUE SAIIATOGA, CALIFORNIA 95070 ^:•_ ".. - -- y (408) 867 -3438 MEMORANDUM TO: City Manager DATE: 9/23/81 FROM: Director of Public Works SUBJECT: Tract 6393 SDR (Final Acceptance) Location: Saratoga /Sunnyvale Rd.'near Prospect Rd. All improvements required of Tract 6393 and areed to in ;. Resolution No. 861 -- dated -Tune, 27, 1978 have been satisfactorily completed. — Therefore, I recommend the improvement security posted to guarantee that agreement be released. The following information is included for your use: 1. Developer: Brian Kelly, Inc ;Gordon Knapp, Inc; Oak Creek Investments Address: 12241 Saratoaa /Sunnvvale Rd. Saratoga, Ca. 95070 2. Improvement Security: Type: Letter of Credit Amount: $226,100.00 Issuing Co.: Bank of America 3. Address: P.O. Box 37020, San Francisco, Ca. 94137 Receipt, Bond or Certificate No.: Special Remarks: [1Y3iI1 : : RSS /dsm Robert S. Shook CITY OF SARATOGA / Initial: AGENDA BILL NO. Dept. Hd. DATE: 10/7/81 DEPAF:I'MEN"r: Comm. Dev. C. Atty. C. Mgr. SUBJECT: FINAL ACCEPTANCE FOR TRACT 5944 - DIVIDEND DEVELOPMENT. SARATOGA/SUNNYVALE RD. @ COX Issue Sunmary The one year maintenance period for the subject tract has expired and all deficiencies have been corrected. At this time, the City must take action to accept the streets and easements offered on the Tract Map and release the Improvement Bond. Recommendation 1. Adopt Resolution 36 -B- 199 2. Authorize release of the attached described Improvement Bond. Fiscal Impacts The City assumes future maintenance responsibility of the street and storm drains. Exhibits /Attachments 1. Memo describing tract and bond. 2. Resolution 36 -B- Council Action 10/7: Approved Res. on consent Calendar. I �VIEMOO RAND�IM MTG DATE AGENDA # O EXHIBIT O MEW o0 O&M&KOO& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (908) 867 -3438 TO: City Manager DATE: 9/23/81 FROM: Director of Public Works SUBJECT: Final Acceptance for Tract 5944 Location: Saratoga /Sunnyvale Ad. @ Cox Ave., Dividend The one (1) year maintenance period for Tract 5944 has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion 36 -B- which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 1. Developer: Dividend.Development Corp. Address: 3600 Pruneridge Ave. Suite 340, Santa Clara, Ca. 95051 2. Date of Construction Acceptance: January 16, 1980 3. Improvement Security: Type: Labor & Materials and Faithful Performance Amount: $86,900.00 Issuing Co: Hartford Accident & Indemnity Co. Address: None given, send to Dividend for forwarding. Receipt, Bond or Certificate No.: 5017382 4. Miles of Public Street: 0.47 miles 5. Special Remarks: Robe S. Shook RSS /dsm RESOLUTION N0. 36 -B- RESOLUTION ACCEPTING DEDICATION OF STREETS TRACT NO. 5944 It appearing that on or about January 16, 1980, the street, storm drain and other improvements as shown on the hereinafter "_referred to subdivision map and on approved improvement plans therefor were completed and thereafter were maintained by the subdivider for a. period of not less than an additional year from date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby, resolves as follows: That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easements a.s shown on the following described subdivision map: .21 & Map of Tract No. 5944 recorded in Book 395 of Maps, at Pages 22 , in the office of the County Recorder of the County of Sa.nta.'Cla.ra, State of California on May 9 , 19 77 . and as set forth in the Clerk's certificate on said map, is hereby re- scinded and the previously rejected offers of dedication on said map are hereby accepted, except the following: NONE and all of the above streets which are accepted under this resolution are hereby declared to be public streets of the City of Saratoga,. County of Santa Clara., State of California. BE IT FURTHER - RESOLVED: That the following described improvement bond or bonds are hereby order- ed released: That certain Improvement Bond No. 5017382 dated, April 12, 1977) and issued by Hartford Accident & Indemnity Co. The above and foregoing resolution was passed and adopted on the day of 19 81 , at a. regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: MAYOR / i? 13777 FRUITVALE AVENUE • SARA.TOGA. CALIFORNIA 95070 008) 887 -3 -138 MEMORANDUM TO: City Manager DATE: 9/23/81 FROM: Director of Public Works SUBJECT: Final Acceptance for Tract 5944 Location: Saratoga /Sunnyvale Rd. @ Cox Ave., Dividend The one (1) year maintenance period for Tract 5944 has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion 36 -B- which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 1. Developer: Dividend Development Corp. Address: 3600 Pruneridge Ave. Suite 340, Santa Clara, Ca. 95051 2. Date of Construction Acceptance: January 16, 1980 3. Improvement Security: Type: Labor & Materials and Faithful Performance Amount: $g6+900.00 Issuing Co: Hartford Accident & Indemnity Co. Address: None given, send to Dividend for forwarding. Receipt, Bond or Certificate No.: 5017382 4. Miles of Public Street: 0.47 miles 5. Special Remarks: Robe S. Shook P.SS/dsm I 1 CITY OF SARATOGA Initial: AGENDA BILL NO: _ Dept. Head: DATE: October 7, 1981 City Atty DEPARTMENT: Maintenance Services City Mgr ------------------------------------------------------------------------------------ - - - - -- SUBJECT: Agreement with Japan Bamboo Society of Saratoga Issue Summary On July 15th, the City Council approved the concept of the Japan Bamboo Society of Saratoga using a portion of Hakone Gardens to implement a bamboo grove. The City's Attorney has now completed the formal Agreement between the City and Society. The Agreement allows the Society to use designated areas, leaves control of use with the Department Director or Park and Landscape Supervisor and provides adequate protection for the City if the Society should discontinue appropriate maintenance or disband. Recommendation Authorize Mayor to sign Agreement between City and Japan Bamboo Society of Saratoga. Fiscal Impact Agreement allows Society to use water from the well at Hakone. No cost will be incurred. Exhibits /Attachments Agreement between City and Society. Council Action 10/7: Approved agreement on consent Calendar. 11TG DATE 16- -1`�'/ Ir AGREEMENT THIS AGREEMENT is made on this day of , 1981, by and between the CITY OF SARATOGA, a municipal corporation,__._ organized under the laws of the State of California (hereinafter referred to as the "CITY "), and the JAPAN BAMBOO SOCIETY OF SARATOGA, INC., a non - profit corporation organized.under the.laws of the State of California (hereinafter referred to as the "SOCIETY."). W I T N E S S E T H: WHEREAS, the CITY is the owner of a certain parcel of real property commonly referred to as Hakone Gardens Park, located in the City of Saratoga, California; and WHEREAS, the SOCIETY is a non - profit corporation organized by and composed of persons having a great interest in Hakone Gardens, Japanese culture and bamboo; and WHEREAS, the. purpose of the SOCIETY is to design, implement and maintain a bamboo grove garden in a portion of 'the Hakone Gardens Park in order to display bamboo in a natural setting, to use the unique qualities of bamboo to add to the spiritual, aesthetic, and utilitarian value of the Hakone Gardens Park, and to sell excess bamboo and products made from bamboo, the proceeds from which are to inure to the benefit of the SOCIETY; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid by the SOCIETY, receipt of which is hereby acknowledged by the CITY, the parties agree as follows: 1. The CITY agrees to permit the SOCIETY to design, implement and maintain a bamboo grove garden in Hakone Garden Park. The bamboo grove garden shall be generally located on the southeast -1- slope of upper Hakone Gardens Park, above Camellia Hill, and the upper pathway, with the understanding that the total _land area to s.. be used shall not exceed one (1) acre and that approval of the exact area to }be used shall be decided by the-Park .S- uper�visor_.and the Director of Property Maintenance of the- City ,o'f' S:ar;at=Q47 �. . ~~ 2. The SOCIETY agrees that the scope,' design and :any.: other pertinent matters relevant. to -.the- proposed d - bamboo ��zove= garden development or'maintenance shall be subject-to the c.onditions._ -and - established by the City.. 3. The SOCIETY agrees to specialize in planting and main- taining bamboo species from Southeast Asia and Japan, especially the large timber bamboo designated as "Mosso ". 4. The SOCIETY agrees to be responsible for the design, implementation and maintenance of the proposed bamboo grove garden including, but not limited to, the following duties: (a) The clearing of native underbrush; (b) The installation of a watering system; (c) The obtaining of rhizomes; (d) The planting and watering of rhizomes; (e) The weeding of the garden; and - (f) The watering and pruning of the bamboo plants. 5. The SOCIETY agrees to designate an. Operations Manager for the bamboo grove garden to serve as the SOCIETY's liaison with the Park Supervisor and the CITY. 6. The SOCIETY shall have access to the bamboo grove garden during the hours posted for general public access to Hakone Gardens Park, and the CITY may conditionally permit the SOCIETY additional periods of access upon request being made by the • -2- SOCIETY to the Park Supervisor. • 7. The SOCIETY agrees to bear all .the expenses 'for .designing, - - ,,,, implementing and maintaining the proposed bamboo grove garden, except that the CITY shall provide the water necessary for the cultivation of said bamboo grove garden from the well located at the Hakone Gardens Park. 8. Nothing herein contained in this Agreement shall limit or otherwise restrict the CITY's right to use, maintain and operate Hakone Gardens Park. 9. The SOCIETY shall not be deemed, nor act as, an agent, representative, officer or employee of the CITY. 10. The SOCIETY shall indemnify, save harmless, and defend in court, at their own cost and expense, the CITY, its officers, employees and agents, from all liability from loss, damage, injury, cost or expense to persons or property in any manner arising out of or incident to the performance of this Agreement, including without limitation all consequential damages, whether or not resulting from the negligence of the CITY or its officers, employees and agents. 11. The CITY agrees to permit the SOCIETY to sell bamboo harvested from the garden, or products made from bamboo harvested from the garden, the proceeds of which shall inure to the benefit of the SOCIETY and shall be used to further develop the bamboo garden, organize appropriate Japanese activities utilizing bamboo implements or design elements, and promote apprec- iation of Hakone Gardens Park, Japanese culture, and bamboo. • 12. The SOCIETY agrees to acknowledge the right of the CITY to purchase, or otherwise obtain, bamboo from the SOCIETY. -3- 13. The SOCIETY agrees that, should it disband, or for some other reason be incapable, or unwilling., to fulfill - "its` " baboo -' -' grove garden design, implementation, maintenance or othe -r responsi- bilities, all funds on account to the SOCIETY from its.-s -ale of, bamboo harvested from the garden, and products- macTe- -froidD Vaftb6 � harvested from the garden, and all bamboo in the garden, shall become the property of the CITY. = 1J- 14. The SOCIETY agrees that, - should it- disband';° or Tor some other reason be incapable, or unwilling, to fulfill its bamboo grove garden design, implementation, maintenance, or other responsi- bilities, it shall remove all bamboo in the bamboo grove garden to the satisfaction of the Park Supervisor, should the Park Supervisor so desire and order its removal. 15. This Agreement shall run for a period of two years from the date hereof, however, this Agreement may be terminated without cause within said two years by either party by giving ninety (90) days written notice to the other party. In the event that either party should so terminate this Agreement, all funds on account to the SOCIETY from its sale of bamboo harvested from the garden and products made from bamboo harvested from the garden, and all bamboo in the garden, shall be come the property of the CITY, and the city may order the SOCIETY to remove all bamboo in the bamboo grove garden. r: 16. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made, in whole or in part, by either party without the prior written consent of the other parties. 17. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be -4- r, L' • entitled to reasonable attorney's fees, which may be set by the Court in the same action or in a separate action _brought for..,__tl��t,�.�. purpose, in addition to any other relief to which he may be entitled. 18. This Agreement is made and executed in duplicate and either copy shall, for all purposes, be deemed as an original. 19. The effective date of this Agreement shall be ; 1981. _ IN WITNESS WHEREOF, the CITY has caused this instrument to be executed, and its corporate name and seal to be hereunto attached by its Mayor, pursuant to resolution wheretofore adopted by the City Council of the City of Saratoga, and the SOCIETY has caused this instrument to be executed on the day and year first hereinabove written. ATTESTED: City Clerk CITY OF SARATOGA, a municipal corporation By City Mayor JAPAN BAMBOO SOCIETY OF SARATOGA, INC., a non - profit corporation By -5- CITY OF SARATOGA 01 Ift Initial: AGENDA BILL NO: 1peW— Dept. Head: ..-- DATE: October 7, 1981 City Atty DEPARTMENT: Maintenance Services City Mgr SUBJECT: Volunteer Projects and Donations Issue Summary The Council has asked to be informed of any volunteer projects or donations which are made to the City of Saratoga. Three such events have taken place in the last several months. Brian Tsang of Boy Scout Troop 535 has completed a project toward his Eagle Scout badge. His project was to plan, build and install another table in the picnic area at Hakone Garden and to install the new border fencing at Hakone Garden. Michael Smith, also of Troop 535, completed requirements toward an Eagle Scout badge by planning and implementing the planting of 14 eucalyptus trees at El Quito Park, replacing those vandalized last winter. Mr. Sarath Vidanage, owner of Saratoga Gardens Nursery, has donated 31 eucalyptus trees to the City for use in public landscaped areas. Some of these trees have already been planted at E1 Quito Park and others will be planted in various areas this fall. The value of the donation from Mr. Vidanage is $2,170. Recommendation Acknowledge the work done by Brian Tsang and Michael Smith and accept the donation from Mr. Vidanage. Fiscal Impact The two projects and the donation combined are estimated to have saved the City approximately $4,000. Exhibits /Attachments None. Council Action 10/7: Approved. r ` /.Z 3 AGENDA BILL NO. DATE: October 1, 1981 DEPARTMENT: Administrative Services CITY OF SARATOGA Initial: Dept. Hd. C. Atty. C. Mgr. SUBJECT: Library Commission Recommendation - Consolidation of Services at Saratoga Community Library --------------------------------------------------------------------------------- - - - - -- Issue Suffn ary The City Council held a public hearing on September 16, 1981 regarding the consolidation of library services at the Saratoga Community Library. Following the hearing the Council voted to close the Village Library facility and to transfer services and funding to the Saratoga Community Library. The Library Commission met on September 23, 1981 and approved the recommendation of County Library Administration to add the following staff and services to the Saratoga Community Li brary.- One full time Librarian II /I $30,000 One half time Clerk 9,000 Additional janitor hours 4,000 Book budget augmentation 5,320 TOTAL $48,320 Following the public hearing on September 16, 1981 the Council also directed staff to report back to the Council with a variety of alternatives and associated costs for future uses of the Village Library site. See attached background memo for more detail on this issue. Recommendation Approve Library Commission recommendations listed above regarding the addition of $48,320 in staff and services for the Community Library. Approve Library Commission recommendations for termination of library Services at the Village on December 4, 1981, and completion of the move by December 31, 1981. Give additional staff direction regarding exploration of alternatives for Village Library site (see attached background memo). Fiscal Impacts None at this time. Exhibits /Attachments Library Commission Memo dated September 28, 1981 Background Memo Council Action 10/7: Consensus to appoint Clevenger as Council representative on Building Usage Task Force and Mallory as alternate; they will form task force. UMEW @:T 0&M&'xQ)2& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 NIEMORAND�IM TO:, Mayor and City Council FROM: Assistant City Manager SUBJECT: Future Use of Village Library Site DATE: October 2, 1981 Background Following the public hearing on September 16, 1981, the Council directed staff to compile suggestions made by the Library Commission, the Council, and the public regarding future potential uses of the Village Library site. Council also requested staff to evaluate costs associated with suggested alternatives. Alternatives suggested orally or in writing include: 1. Turn the Village Library building over to the Historical Society Nillys Peck) 2. Convert Village Library into a reading and meeting room staffed by volunteers (Library Commission and others) 3. Convert the Library into some other type of public use (several speakers at the public hearing). Staff would like to get further direction from the Council on how to proceed-and what type of a process should be followed. Issues for Council Consideration 1. Does the City Council intend to budget funds for renovation of the Village Library building ($19,500- 39,000)? The proposed budget for 1981 -82 does not currently contain any money budgeted for renovation of the Village Library building. 2. Does the City Council want staff to pursue alternative uses of the Village Library site which would incur operating and /or maintenance costs to the City? The proposed budget for 1981 -82 does not include any operating or maintenance costs for the Village Library site. 3. Does the City Council want staff to only pursue alternatives which would not incur operating or maintenance costs to the City? 4. Does the City Council want staff to only pursue alternatives which would generate revenue for the City? We are aware the above four questions are difficult ones to answer. However, before additional staff time is spent and additional citizen input is solicited, Council direction on these policy issues is needed. Process F.ol.lowing further clarification by the Council on how staff is to proceed, we would recommend the Council.designate a five member task force, representing various community interests (library, historical, business, finance, etc.), and perhaps a Councilmember to assist staff in developing alternatives and costs for future use of the Village Library site. Future use of the Village Library site could easily become an issue in the further development of the 1981 -82 budget. It would be helpful to get a consensus from the Council at this stage so that staff will know whether further additions will need to be made to the 1981 -82 budget requests. 2 �� Patricia M. Mullens ck U C T 11981 M E M 0 September 28,1981 To: Saratoga City Council From: Mary J. Moss, Chairman Saratoga Library Commission Re: Action taken at September 23rd meeting Approved the recommendation of Barbara Campbell, County Librarian, and Lois Thomas, Saratoga Librarian, to meet the essential needs for staffing at Saratoga Community Library:' (1) One full time Librarian.II /I.....$30,000 (2) -One half time Clerk .............. 9,000 (3) Additional Janitor hours......... 4,000 (4) Book Budget augmentation......... 5.320 TOTAL ......... $48320 Agrecd on Tim,T^ .ble for the transition of the Village Library: (1) December 4, 1981...Termination of County Service (2) December 31,1981...Completion of move. Transfer of building to the City (3) Renovation of building ... 2 -3 months (4),Reopening of building.... Depends on- reno-vation schedule and decizi.on of Council ofl'use of building Discussed question raised by a .citizen to a commissioner: itHow has the City used the income from rent paid by the County for 25 years ?" (Rent $175 is paid monthly. • CITY OF SARATOGA Initial. AGENDA BILL NO. Dept. Hd. DATE: 10/9/81 C. Atty DEPARrLT4 W: Planning & Policy Analysis C. Mgr. 14E: SUBJECT: Heritage Conservation Ordinance Issue Summary The draft Heritage Conservation Ordinance is submitted for Council consideration and adoption. It is the product of consultant assistance, review and modification by a Council appointed citizens committee as well as City staff, and redrafting by the Deputy City Attorney. The Ordinance provides for designation of heritage resources and establishes a process for controlling alteration or loss of those designated. Announcement of the'proposed ordinance has been sent to owners of properties potentially affected. " Recomnendation The proposed Ordinance is not part of the Zoning Ordinance and does not require a public hearing. The Council, as a courtesy to interested citizens, may wish to take public input. 1. Conduct first reading at 10/21 Council meeting and second reading at 11/4 Council meeting. 2. Following adoption, the Ordinance must be sent to the State Historic Preservation Officer who in turn will recommend it to the U.S. Secretary of the Interior. Certification by the latter renders certain properties covered by the Ordinance eligible for federal tax benefits. Fiscal Impacts Staff assistance will be necessary for the initial start -up of the Heritage Commission. The amount of subsequent staff assistance could be lessened by appointing Commissioners that have the time and expertise to implement the designation procedures. The process adds another step to permit review after the heritage resources are designated. Exhibits /Attachments Staff summary of Ordinance, including diagram of process. Draft Ordinance. Council Action 10/21: Mallory/Watson moved to read by title only and introduce. Passed 5 -0. 11/4: Callon /Mallory moved waiving of further reading of Ordinance 66. Passed 5--0. Callon /Mallory moved adoption of ordinance as presented originally before Council. Passed 4 -1 (Jensen opposed). Aff - 09UT @2 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 . MEMORANDUM TO: City Council DATE: 10/28/81 FROM: Director of Planning & Policy Analysis SUBJECT: Support for Heritage Commission One of the provisions of the Heritage Ordinance is a Commission which_ will require staff support. With the pending budget reductions, staff was asked to look at alternative means of supporting the Commission. Staff has approached West Valley College, specifically, Mr. Bob Fricke. Mr. Fricke will be teaching a Santa Clara County history course starting in February and he indicated that it may be possible to utilize a student as staff to the Committee. However, it would be for a limited period of time. The student assistance will be an ideal solution to assist in establishing the Commission. However, staff time will still be required due to our familiarity in establishing a Commission. The amount will be dependent upon the quality and experience of the students) . De Anza College has also been contacted and the chairperson of the History Department lives in Saratoga and is interested in serving on the Committee. It is possible that she may know someone in Saratoga who will be willing to assist for a longer period of time. Staff will follow -up with both individuals and keep Council apprised of the results. "Ag J&� R. S. I'obinson, Jr. RS R /mgr I e� REPORT TO MAYOR AND CITY COUNCIL DATE COUNCIL MEETING SUBJECT: Heritage Conservation Ordinance 10/12/81 10/21/81 The attached ordinance is the culmination of a thorough effort which began in May 1981 when the Council retained a consultant to review the City's prior work on an ordinance and make recommendations for an ordinance which would meet Saratoga's needs and would be certifiable by the U.S. Secretary of the Interior. The consultant's draft was referred for review and comment to an ad hoc citizens committee named by the City Council in June. The committee reported to the Council in August at which time the Council acknowledged the critique and agreed to the Committee's request to see the work through to completion. The ordinance now before you represents the direction of the committee, the suggestions of City staff,and the advice of and redrafting ,_ by! -the Deputy City Attorney. Summarized herein are the major features of the ordinance. Section 1 states the purposes. Section 2 defines the terms which are unique to this ordinance. Key to the ordinance are the three distinct types of designations: historic landmark, heritage lane and historic district.. Section 3 establishes the Heritage Preservation Commission, a five member advisory body named by the City Council. Commissioners provide liaison to the Planning Commission and the Saratoga Historical Foundation, and, with the intended expertise, should serve as a working body. Section 4 lists the powers and duties of the Heritage Commission. The major responsibilities are 1) to recommend the properties that should be designated by the Heritage Conservation Ordinance October 12, 1981 Page 2 City as heritage resources, and 2) to review and comment upon all applications for work to be performed upon or within designated landmarks, lanes, or districts. Section 5 sets forth the criteria for designation. These are consistent with state and federal standards, which is important for tax benefit eligibility. Section 6 contains the procedures for designating a heritage resource. The process is further summarized by a diagram attached to this report. Note that a proposed landmark designation is referred direct to the City Council, whereas recommended heritage lanes and historic districts go from the Heritage Commission to the Planning Commission so that provisions for inclusion in the Zoning Ordinance can also be recommended to the Council in conjunction with the heritage designation. It can be assumed that the initial work of the Commission will be the designation of structures already on the Santa Clara County, state, and federal inventories. No fee will be charged for the designation of individual landmarks as the ordinance intent is to encourage participation and most of the documentation has been done, or can be done by the owner. In the case of heritage lanes and historic districts, a fee is required as it is anticipated that additional staff time will be needed beyond what the Commission itself can do to set forth the legal boundaries and prepare the accompanying zoning ordinance provisions. Section 6 further provides for 1) notices and public hearings in the case of proposed heritage lanes and historic districts; 2) the right of an owner or owners to object and halt the designation; and 3) the communi- cation of the designation after its approval by the Council. Section 7 provides for termination-..of the heritage designation, but only if it can be established that the designation is no longer consistent with the purposes of the ordinance. Sections 8 and 9 set forth the procedures for obtaining a permit if an owner intends some alteration to a designated structure or natural feature.. This process is also diagrammed for your reference. The .role of the Heritage Commission is advisory. Responsibility for determining if the alteration is consistent with the intent of the ordinance lies with the Director of Community Develop - ment or, upon appeal, with the Planning Commission or City Application 1 for Designation A. Historic landmark By owner (no fee B. Heritage lane By 60% of owners of abutting lots ( fee) and PROCESS FOR DESIGNATION OF HERITAGE RESOURCES Recommendation 2 for.-Designation Heritage Commission -)Heritage Commission t C. Historic district Planning Commission By 60 % of owners (_public hearing, of lots within district (fee) zoning overlay) P1. & Po. Analysis 10/8/81 Page 1 Official Designation City Council City Council 1. Application for designation can also be initiated by Planning Commission, City Council or Heritage Commission itself. 2. In case of application by other than owner(s), recommendation is subject to no objection being filed by landmark owner (or 41% of owners in instance of lane or district). Heritage.Conservation Ordinance October 12, 1981 Page 3 Council. This alteration permit is supplemental to other permits normally required by the City (e.g., use permit, variance, building site approval, design review, building permit, etc.). . S. R binson, Jr. Director of Planning & Policy Analysis VR /ms Attachments Vicci M. Rudin Associate Planner Page 2 1_ UMMAINNIN 111,100 Mi (A permit is required to alter, demolish, remove, relocate or otherwise change any external architectural feature or natural feature of a designated heritage resource, or to construct, alter, demolish, remove or relocate any building, improvement, or other structure within a designated landmark area, heritage lane, or historic district. Painting, landscaping, and ordinary maintenance are not included.) Application Community Development Heritage Director of Decision to for permit —� Department — Commission CCootmunity Development Issue or (fee) (review and Deny Permit recommend) Decision can be appealed by Applicant or other interested party to and further _ X appealed to IF Planning Conn City Council VVI 'DRAF T /01218/ ORDINANCE NO. f� �YI$e4l chld vt�es AN ORDINANCE CREATING A HERITAGE PRESERVATION COMMISSION AND ESTABLISHING PROCEDURES FOR THE DESIGNATION, CONSERVATION AND CONTROL OF HERITAGE RESOURCES WITHIN THE CITY OF SARATOGA Section 1. Purpose It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources within the City of Saratoga is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Ordinance is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources represent- ing significant elements of its history; Pr ------(b an historic �-- and beavi (b Enhance the ^ character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c) Encourage public knowledge, understanding and appreciation of the City's past and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation and use of heritage resources; (e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. -1- Section 2. Definitions. Certain words and phrases used in this Ordinance shall be defined as follows: (a) "Alteration" means any exterior change or modifica- tion of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifica- tions of structure, architectural details or visual character- istics, grading, surface paving, the additign of new structures, m ajor -frees or other removal or alteration ofAnatural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but shall not include painting, landscaping and ordinary maintenance. (b) "Heritage Commission" means the Historical Preserva- tion Commission established pursuant to this Ordinance and "Commissioner" means a member of the Heritage Commission. (c) "Heritage resource" means any public or private property designated by the City, pursuant to this Ordinance, as having special historical, cultural,,archeological, scientific, architectural or aesthetic significance, interest or value as part of the heritage or history of the City of Saratoga, the County of Santa Clara, the State of California or the nation. (d) "Designated historic landmark" means a building, t ree� improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Ordinance. . (e) "Designated heritage lane" means a street, road, avenue, boulevard, pathway or trail designated as a heritage -2- resource pursuant to this Ordinance. (f) "Designated historic district" means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Ordinance. (g) "Improvement" means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (h) "Exterior architectural feature" means the architec- tural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Section 3. Heritage Preservation Commission. (a) Creation of Commission. There is hereby estab- lished a Heritage Preservation Commission consisting of five unpaid members who shall be residents of the City of Saratoga and appointed by the Saratoga City Council, with the follow- ing qualifications: (1) One member from the Saratoga Planning Commission; (2) One member who shall have been a candidate nominated by the Saratoga Historical Foundation; (3) One member who, by reason of training and experience, is knowledgeable in the field of construc- tion and structural rehabilitation, such as a licensed architect, engineer, contractor or urban planner; (4) Two members appointed at large having demon- strable interest in preservation of the heritage resources within the City of Saratoga. -3- (b) Term. The original appointment of Commissioners shall be as follows: one for two years; two for three years; and two for four years. Thereafter, appointments shall be made for a four -year term. No Commissioner shall serve more T y @ctnS, than Owe consecutive ker�e. (c) Vacancy and Removal. (1) In the event of a vacancy occurring during the term of a Commissioner, the City Council shall make an - interim appointment to fill the unexpired term of such Commissioner, and where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment, in the manner herein prescribed, with a person having such qualifications. (2) A Commissioner who ceases to be a resident of the City of Saratoga shall automatically be removed and shall be so notifed by the Chairman of the Commission. The Chairman shall then request the City Council to fill the vacancy. Any Commissioner may be removed at any time upon the affirmative vote of at least four members of the City Council. (d) Organization. (1) The Commission shall elect annually, on or before January 31st, one of its members to serve in the office of Chairman, and may elect such other officers from among its members as it deems necessary or desirable. Should a vacancy in any office occur, the Commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers. (2) The Director of Community Development or his designee (referred to herein as "Commission Staff ") OEM t� Gt +the direL,4 on., Or +k a eo mm SS i ort. shall act as secretary for the Heritage Commission, A OPPI cPa(-' shall be the custodian of its records, shall conduct official s�//correspondence and shall ProVidC. neesf a bal and technical work iaefifiar a at the request I he eo nr►,issio�. d! 1'S Ow P�rov T 'G �O�- glleri caL u)or d STS, nOn — ►non a4-0 or on behalf of the Heritage Commission. (3) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or Commis - Sion Staff,-as necessary. All meetings shall be open to TI CiT10 the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chairman having a vote. The Heritage Commission shall prescribe rules and regulations for the conduct of its business, thereafter having the powers and authority to perform the duties hereinafter enumerated. Section 4. Powers and Duties of Heritage Commission. The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and depart- ments of the City, and shall establish liaison and work in conjunc- tion with such authorities to implement the purposes of this Ordinance. The Heritage Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City of Saratoga for the purpose of establishing an official inventory of heritage resources. The inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Community Development Department. (b) Recommend to the City Council specific proposals n her#,+age -Free for designation as a historic landmark, heritag lane or historic district. -5- (c) Recommend to the appropriate city agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. (d) Review and omment upon existing or proposed A sFanda4,$ ordinances, plans or policies of the City as they relate to heritage resources. (e) Review and comment upon all applications for building, demolition, grading or tree removal permit involy- her i 0 e. rasoorc e- her. +ag ing work to be performed upon or within a designate h storic J or. e landmark, heritage lane or historic district, and all applica- tions for tentative map approval, rezoning, building sit ICT lea e re e. approval, use permit, variance approval, design rev�ew�C 1-ef7ova other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty (30) days after receiving the request for such comments. (f) investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal govern- ments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any -6- heritage resource. Such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public informa- tion and educational programs pertaining to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. Section 5. Criteria for Designation as a Heritage Resource. The Heritage Commission may recommend to the City Council designation of a proposal as a heritage resource if it satisfies any one or more of the following criteria: (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the county, the state or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or (c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or (d) It is representative of the notable design or craft QnJ -SO4pe des ol d ner%, o r of a builder, designer,, = architect;Aor Iandsoope, arai+ref.,, (e) It embodies or contributes to unique ,physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significa t concentration or lanfs ma+er'fi2 s continuity of site, buildings, st ucturesnor objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural MM setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. Section 6. Procedure for Designation of a Heritage Resource. The procedure for designation as a heritage resource shall be as follows: (a) Applications for Designation. Applications for designation as a heritage resource may be submitted to the heritage Commission by any of the following: (1) The owner or owners of a building, improve- ment, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark. (2) The owners of at least sixty percent (608) of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane.. (3) The owners of at least sixty percent (608) of all recorded lots within a specific geographic section of the city, requesting designation of the entire section as a historic district. Applications for designation as a heritage lane or historic district shall be accompanied by a filing fee to cover the administrative cost of handling the designation proceedings. The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. (b) Study of Proposal. The Heritage Commission shall conduct a study of the proposed designation, based upon -8- e x eep+ n +k e case o f her �n3 � frees) such information or documentation as it may require from the applicant, the Commission Staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an_ interest in the proposal or any information relevant thereto. (c) Objections to Proposals. In the event designation of a heritage resource is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the further event the Heritage Commission, as a result of its study of the proposal, deter- mines that the proposal should be recommended to the City Council for designation as a heritage resource, the Heritage Commission shall mail written notice of its intended recommen- dation to each person whose name appears on the latest adopted tax roll of Santa Clara County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty -five (45) days from the date of the notice. If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at least forty -one percent (418) of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty -one percent (418) of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation as a heritage resource for at least twelve (12) months after the -9- date of mailing the notice to the property owners unless, prior to the expiration of such twelve month period:. (1) The owner or owners of a proposed historic landmark withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty -one percent (418); or (3) In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty -one percent (418). (d) Recommendation by Heritage Commission. Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to subparagraph 6(c) above, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designa- tion be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. (e) Designation of a Historic +nr►drmt -*. 1?erource (1) The report and recommendations of the Heritage Commission on a Iandmaskpt proposed historic Icy together -10- with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commission's recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modi- fied, or shall by motion disapprove the proposal in its entirety. (2) In the event a designating ordinance is adopted by the City Council, such ordinance shall become 5pes 4I1er�e have �° u' effective "' -` " ^` a- u n adoption thereof Wait ? (pernoN4joti or L COUIdt. �CCUr� and the designated property shall thereafter be subject 4 re a r`ern o VQ to the regulations set forth in this Ordinance and such the ih+erim. �n further restrictions or controls as may be specified in the designating ordinance. (3) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or a sthetic Wr-Men Unwri} eK, or r1a Ina l interest or value as part of the heri age or�nhistory of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 5 of this Ordinance. (f) Designation of a Heritage Lane or Historic District. (1) The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documenta- tion pertaining thereto, shall be forwarded to the Planning Commission. (2) The Planning Commission shall conduct a public -11- hearing on the proposed designation within sixty (60) days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in subparagraph (g) of this Section 6. (3) The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission Staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conserva- tion, enhancement and preservation thereof. (4) The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documenta- tion pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. (5) If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted -12- within sixty (60) days. Notice of the public hearing shall be given in the manner provided in subparagraph (g) of this Section 6. The resolution may further provide that during the pendency of the final desig- nation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (6) At the conclusion of the public hearing, but in no event later than sixty (60) days from the date set in the resoltion for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. (7) In the event a designating ordinance is adopted by the City Council, such ordinance shall become s'i-i on, SQMei 9UP as effective up° n adoption thereof On P a 9 ' (I and the designated property shall therafter be subject �l to the regulations set forth in this ordinance and such further regulations or controls as may be specified in the designating ordinance. (8) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic (,Ur,,')f ,, U+Iwr(ReA, orrta1UrQ6 interest or value as part of the heritage or history of the city, the county, the state or the nation, and satisfies one or more of the criteria set forth in -13- Section 5 of this Ordinance. (g) Notice of Public Hearings. Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Ordinance shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed Heritage lane, notice shall be sent to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest adopted tax roll of Santa Clara County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. Failure to send any notice by mail to any property owner whose name or address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. (h) Notice of Designation. Following adoption by the City Council of an ordinance designating a heritage resource, -14- the Commission Staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Inventory of Designated Heritage Resources and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission Staff shall also send notice of the designation to: (1) The Heritage Commission; (2) The Planning Commission; (3) Any agency or department of the City request- ing such notice or affected by the designation; (4) The Saratoga Historical Foundation; (5) The Santa Clara County Historical Heritage Commission; (6) The California State Historic Preservation Officer; and A! (n� / (7) , New�spoper o h' Qenero l� C i' hcu la+i o A., �J Notice of the designation as a heritage resource and the complete legal description of the designated property shall be recorded in the Office of the Recorder for Santa Clara County, California. Section 7. Termination of Designation. (a) The owner or owners of a designated historic landmark, or the owners of not less than sixty percent (60 %) of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent (60 %) of all -15- recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation as a heritage resource. The application shall set forth in detail the grounds for termination and shall be accompanied by a filing fee to cover the administrative cost of handling the termination proceedings. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 6, subparagraphs (b), (d), (e), (f) and (g) of this Ordinance. (c) A designation may be terminated only upon a finding by the City Council that as a result of change in circum- stances, the designation is no longer consistent with the purposes and objectives of this Ordinance and no longer satisfies any of the criteria set forth in Section 5 of this Ordinance. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 6, subparagraph (h), and a Notice of Termina- tion shall also be recorded in the office of the Recorder for Santa Clara County, California. Section 8. Issuance of Permits. It is unlawful for any person to alter, demolish, remove, relocate ,off( otherwise change any exterior architectural ,+reeA br o4er. feature or "natural feature of a designated heritage resource, or to construct, alter, demolish, remove or relocate any building, improvement or other structure within a designated landmark area, heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without .first obtaining a written permit to do so in the manner provided in Section 9 of this Ordinanc . /Yorrna.L oncL re �{v'a r PrUMn q Qn Carte o F+ ds �r �ni r`olt -C'-' Qb t � fS proh�b a �J a41-C Section 9. Permit Procedure. The following procedures shall be followed in processing applications for permits required to be obtained under Section 8 of this Ordinance: (a) Applications. Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Saratoga Community Development Department, which shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. (b) Supporting Data. The application shall include the following data: (1) Documentation establishing ownership of the designated property by the applicant for the permit; (2) A clear statement of the proposed work; 1 (3) A site plan showing all existing buildings, a IeV'a04 I ands structures, trees over i� er�ena(• �re inches in diameter 9 caPi n q property lines, easements and the proposed work; W as el co ct (4) Plans showing the exterior elevations, mate- Species, j rials and grading of the proposed work; or-Freerem ova C. (5) Where the application is for demolition,n a detailed statement of the necessity for demolition trce(sI or together with photographs of thenstructure to be (l l / rmaih'o&• as rna� TOf I GQI. ( h� demolished; k,no,,vM the Q��I �� L- boV jf,-, (6) Such other information or documents as may be 51J� as I ne, %a+-e- D� requested by the Heritage Commission. f� P i nry o�,cons (c) Heritage Commission Action. The Heritage Commission arch +ec-r/ lanescap'e shall complete its review and issue a recommendation to the QrG�1 i +e C+ e q S-F o w n e r Community Development Department within thirty (30) days e + • after receipt of the application, filing fee and all supporting -17- data. iTri-eae leg-117 - rcq+trrrd; i- kercra c]���1 '^� ^�Utice,ACI G d action on the applica- q�Gi a+ C'�'f F61L of lea f7a _ti___ i� f ) S4 not on, `"" `" decisions Snyz�.�s� made at regular or noticed rs Pr�`a fa special pecial meetings of the Heritage Commission. The Heritage Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations, the Community Development Department shall forward a copy thereof to the applicant. (d) Issuance of Permit. If the Heritage Commission recommends issuance of the permit requested in the applica- tion, or issuance of such permit subject to conditions, the Director of Community Development shall proceed to issue the permit in accordannceyNw th the recommendation after the ,ee�ra expiration of days from the date the recommenda- 1 C1Or jb tion is delivered to the Community Development Department, provide de �� C'�� �C1 („ Qh provided that no appeal has been filed during such time � In has no+ re9ues-F . revi ecv. the event the Heritage Commission recommends denial of the application, the Director of Community Development shall notify the applicant that the requested permit will not be grantedl 6lncL o F apph can4-s czpPe .t, (e) Appeal. Any recommendationsv issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Community Development Department a written notice thereof within fifteen (15) days from the date the Heritage Commission delivers its recommendation to the Community Development Department. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for A of nofrmo re- +1an 400.0? the appeal, together with a filing fee - ire- •ae•rvc —C __a� °`h° '' Upon receipt of the -is- notice of appeal and filing fee, the Secretary of the Plan- ning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission that falls not less than fifteen (15) days after the date of filing the notice of appeal. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Commission. The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person. The appeal shall be taken by filing with the City Clerk a written notice thereof within fifteen (15) days from the date the Planning Commission renders its decision. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the *06.oD appeal, together with a 11414a, fee - " aki 80-6---o-1 1 _- ^a1J the appeaa. The appeal shall be set for hearing at the next available regular meeting of the City Council that falls not less than fifteen (15) days after the date of filing the notice of appeal. The City Council may conduct a hearing de novo on the appeal and may affirm, reverse or modify the decision of the Planning Commission. (f) Permit Criteria. The Director of Community Develop- ment, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (1) The proposed work is consistent with the purposes and objectives of this Ordinance; or (2) In the case of any property located within a designated landmark area, heritage lane or historic cvi /l . district, the proposed work ' e h hAQ_q f9 -19- the character of such area, lane or district; or (3) In the case of construction of a new building, structure or other improvement upon a designated landmark area, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing buildings, structures and improvements located within the designated area, lane or district. (g) Hardship. Notwithstanding subparagraph (f) of this Section 9, the Director of Community Development, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an applica- tion for a permit to conduct any proposed work upon or within a designated heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to F aaii: Yc -- - the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Section 10. Fees. The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for decir3 Aa eg 11i9tefie dj9k!jj.8t, ^' - n 0nd b4"TM for termination of designation, applications for any permit required under Section 8 of this Ordinance, ararL�.p� P ) -20- Section 11. Ordinary Maintenance and Repair. Nothing in this Ordinance shall be construed to prevent the ordinary maintenance, painting, landscaping or.repair of any exterior feature in or upon any designated heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Ordinance prevent the construc- tion, reconstruction, alteration, restoration, demolition or removal of any such heritage resource which has been certified by the Saratoga Building Inspector, or Fire Chief, or Code Enforcement Officer as being in unsafe or dangerous condition which cannot be rectified through use of the California Historical Building Code. Section 12. Duty to Keep in Good Repair. The owner, occupant or the person in actual charge of a designated historic landmark or property located within a desig- nated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. Section 13. Enforcement. The Saratoga Community Development Department shall have authority to enforce the provisions of this Ordinance, and any other laws, rules or regulations of the City of Saratoga which govern or relate to the issuance of permits for work to be performed upon or within a heritage resource, by any or all of the following means: (a) Serving notice upon the owner or occupant of a heritage resource requiring the correction or removal of any -21- violation of this Ordinance; (b) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Ordinance, including actions for injunctive relief to restrain or enjoin such violation. (c) Request enforcement assistance from the Santa Clara County Sheriff's Department and the Saratoga Code Enforcement Officer. Section 14. Severability. 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, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. -22- r k The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1951, by the follow- ing vote: AYES, and in favor thereof, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ATTEST: City Clerk -23- Mayor