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HomeMy WebLinkAbout10-18-1995 CITY COUNCIL STAFF REPORTS-� W SARATOGA CITY COUNCIL EXECUTIVE SUMMARY,NO. 2.6 '-0 AGENDA ITEM MEETING DATE: October 18, 1995 CITY MGR. ORIGINATING DEPT. City Manager's Office 7b SUBJECT: Assignment of City Vehicle to City Codes Administrator Recommended Motion(s): Authorize the assignment of a City vehicle ( #56) to the City Codes Administrator and approve modification of City policy to include City Codes Administrator as recipient of $100 for an expense allowance. Report Summary: There are several City of Saratoga employees who by'the nature of their positions require access to a City vehicle on a 24 -hour basis. These positions include the City Manager, the Street Maintenance Superintendent and the Parks and Building Superintendent. These positions may have occasion to be called off the official "clock" to respond to events in the community that require immediate attention, expertise or direction. The position of the City Codes Administrator has evolved in such a manner to require more than business -hour access to a vehicle. Specifically, the City Codes Administrator manages the Code Enforcement Division, also the City's complaint management system and the Building Division. As noted in the report item 8C of September 20, 1995, the newer code enforcement responsibilities require the Codes Administrator to respond to numerous types of routine field situations, problem cases and emergencies in addition to conducting periodic construction inspections. After recent budget reductions to the Code Enforcement staff of .4 FTE, some added participation by the Codes Administrator has also occurred. The City Codes Administrator has been utilizing his personal, unmarked car for City business relating to code enforcement, building inspections and related activities and has at times faced skepticism from residents who are less than comfortable about being approached by a stranger in an unmarked car. Having a marked car will lessen those occurrences. Also, because there are often demands from the field to which the Codes Administrator needs to respond, it is necessary to have a vehicle that is equipped with safety and identification features including official markings, radio communications capacity, and lighting and emergency equipment. Having an assigned vehicle will mean that the Codes Administrator will continue to be on 24 -hour call to respond to City business needs and /or emergencies and that the car will be taken to and from his home. City -owned vehicles assigned to personnel such as this can be used to go to and from one's place of work as well as trips incidental to travel to and from the job. At present, the City Codes Administrator utilizes his own vehicle for City business. This sometimes presents a problem when situations arise during and after normal business hours when an appropriately equipped vehicle is more suited to the demands of the position. Assignment of a city -owned vehicle to this position will take away this conflict. Presently, the Codes Administrator receives $300 monthly for car allowance, memberships in professional organizations, professional development funds for attendance at training workshops, seminars, meetings and conferences. It is recommended that the Codes Administrator forfeit $200 of the monthly allowance and therefore have the same monthly allowance ($100) as two other middle managers in the City who also are assigned city vehicles (the Street Maintenance Superintendent and the Parks and Building Superintendent) . The net reduction in compensation would be $2400. It is further proposed that vehicle #56, a 1986 Chevy Celebrity, be the specific car assigned to Codes Administrator Joe Oncay. As far as impacts on the availability of cars for use by employees throughout the City, there will remain three "pool cars" for shared use by City employees and four cars that are now specifically assigned to personnel: the City Manager, the City Codes Administrator, the parks and Building Superintendent and the Street Maintenance Superintendent. The $2400 cost savings will be offset by the annual cost of operating, maintaining and fueling vehicle #56, estimated to be $1429 for a net savings of $971. In sum, it is recommended that Council authorize the assignment of City vehicle #56 to City Codes Administrator Joe Oncay. In addition, the Council is asked to approve a change to the City's Management Expense Allowance policy to reflect the change from $300 monthly allowance for the City Codes Administrator to $100 as noted in the attached summary paragraph from that policy. Fiscal Impacts• As noted above, the net cost savings to the City is estimated at $971 per year. Advertising, Noticing and Public Contact: None required. Conseauences of Not Actina on the Recommended Motions: The City Codes Administrator would have to continue to use his private vehicle for City business and as a result, would not always have access to the necessary .emergency and safety features necessary to conduct his duties. The estimated net savings of $971 would also not be realized. Follow Up Actions: The City Manager will new assignment of Cit y the City Manager t o Allowance policy and Attachments: advise the Public Works Department as to the vehicle #56 and will advise the Assistant to make changes to the Management Expense issue updates to City departments. Management Expense Allowance policy 3 9 Revised 10/18/95 MANAGEMENT EXPENSE ALLOWANCE Effective July 1, 1993, a monthly management expense allowance will replace car allowances, funds for individual memberships in professional organizations, and professional development funds for attendance at training workshops, seminars, meetings and conferences. Any expenses which are incurred by a management employee which are in excess of the monthly allowance will not be reimbursed. To offset income taxes on the allowance, a manager must submit documentation in a form acceptable to the Finance Director for business - related costs. The amount of allowance for Department Heads, (Public Works Director, Community Development Director, Finance Director, Assistant to the City Manager and Recreation Director) will be $350 per month. The allowance for Middle Management employees will be [$300 per month for the position of City Codes Administrator and] $100 per month for the Street Maintenance Superintendent [and], the Parks and Building Superintendent and the City Codes Administrator as long as they are assigned City -owned vehicles. Allowances will be pro -rated for positions which are less than full -time. * Note: deleted language appears in [ ] and added language appears in bold type. 4 "Irk SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 6 AGENDA ITEM MEETING DATE: October 18, 1995 CITY MGR. " ORIGINATING DEPT. City Manager's Office SUBJECT: Holiday Schedule for Christmas, Christmas Eve, (1995) and New Year's Day (1996) and New Year's Eve (1995) Recommended Motion(s): That Council approve the following as holidays: Friday, December 22 and Friday, December 29, 1995. With this it is recommended in the future that the existing City policy for holidays be expanded to provide direction for those years when the December holidays fall on Friday /Saturday or Sunday /Monday (combinations currently not anticipated in current policy). For the Friday /Saturday combination it is recommended that the City holiday be observed on the Monday following those holidays; for the Sunday /Monday combination it is recommended that the City holiday be observed on the Friday preceding those holidays. Report Summary: The end of calendar year 1995 and beginning of calendar year 1996 present a unique opportunity for interpretation of present City policy relating to days off around the Christmas and New Year's holidays. At present, our holiday time off policy for this time of year is as follows: If a holiday falls on a Sunday, the following Monday will be observed. If a holiday falls on a Saturday, the preceding Friday will be observed. When there are two sequential holidays falling on weekends (Christmas Eve and Christmas Day, New Year's Eve and New Year's Day), the nearest additional weekdays will also be observed. The language referring to the "two sequential holidays falling on weekends" covers those years when the holidays are on Saturday and Sunday. This year these holidays fall on Sunday and Monday. The question has arisen as to whether City Hall ought to close on the Tuesdays following the holidays or the Fridays preceding the holidays. There are several alternatives and /or combinations of these two days of the week that could be played out here. One would involve taking each of the succeeding Tuesdays off; a second would involve taking each of the preceding Fridays off. Another option postulated would entail closing City Hall the week of December 25 with the observed holidays being Monday and Tuesday December 25 and 26 and Friday and Monday December 29 and January 1 respectively. City Hall would be open again for business on Tuesday, January 2, 1996. Wednesday and Thursday, December 27 and 28 would be days taken on leave time or leave without pay. The SEA was notified about this issue and provided an opportunity to comment on this issue. An initial survey was circulated throughout City departments which asked employees whether they would prefer taking each of the Tuesdays off or each of the Fridays off. Of the respondents, 70.5% (31) were in favor of having the Tuesdays off; 25% (11) were in favor of having the Fridays off, and 4.5% (2) were in favor of having the first Tuesday and second Friday off. A second survey was sent around asking all employees to indicate "yes" or "no" as to whether they preferred closing City Hall the full week of December 25 with the understanding that the 27 and 28 would either be leave days or taken as leave without pay. Of the 56 responding employees, 79% (44) support the concept, 12.5% (7) did not support the concept, and 9% (5) expressed no preference or would cope with either decision. The occurrence of this year's holidays falling successively on Saturday and Sunday brings about another combination of days which also is not addressed by current City policy. It is our assessment that the following combination should be addressed: that there is no language to address what happens when the holidays fall on a Friday /Saturday. Consideration of this scenario in fact helps us determine how to address many of these "odd" combinations of holidays. Service Availability Impacts: 1. Close Both Fridays -The service availability impact of having City Hall closed on both preceding Fridays would be that there would be a four -day week the week of December 18 -21 followed by a three -day week the week of December 26 -28 and then another four -day week the week of January 1 -5; a.k.a. a "4 -3- 4" plan. 2. Close both Tuesdays -The service availability impact of having City Hall closed on both Tuesdays would be that the week before Christmas would be a normal five -day week and the next two weeks would each be three -day weeks; a.k.a. a 115 -3 -3" plan. 3. Close the full week of Christmas -The service availability impact of having City Hall closed the week of Christmas would entail having a normal five -day week the week before Christmas followed by a five -day closure of City Hall followed by a four -day week the week of January 1 -5; a.k.a. a 115 -0 -4" plan. 4. Close on whatever combination of Monday /Friday makes for a Friday through Monday block of time off -The service impact of having City Hall closed on an applicable Friday or Monday relative to the holiday weekends means that the schedule will never entail more than a 114 -3 -4" plan (i.e., except for Thanksgiving week, there will only be one other three -day work week in any given year). Potential Emplovee Impacts: Because this would entail compensation and conditions of employment, there could arise lengthy negotiations about this issue. The schedule is being brought to the Council's attention due to the fact that there does not exist specific language in the current MOU or related City policy documents addressing this year's scenario or the Friday /Saturday scenario. Having the holidays taken off on any of the weekday scenarios noted above would not require employees to use leave credits where that is applicable. These scenarios would also not require those employees who do not have leave to take leave without pay. The scenario which would close down City Hall the week of Christmas could potentially impact employees' leave times. Were City Hall to close down, such action might be analogous to the Council implementing a work furlough where the City would force employees to take time off from either their leave or time off without pay depending on the individual employees' circumstances. This would likely have a positive fiscal impact for the City in that there would be a reduction in payroll expenses equivalent to the amount of employee hours taken without pay. There are other issues which would arise if the City were closed for business during the week of Christmas: For example, would it be good customer service to keep a business or homeowner from a timely issuance of a building permit due to the inability to get one for five business days? What kind of liability exposure might we have if we were unable to provide emergency services for sewers or other infrastructure problems? What criteria would be used to determine which services are most likely to require a skeleton crew? It will be important that whatever decision is made is memorialized within City policy documents so that there is guidance for future years having these odd sequences of holidays. Recommendation: It is staff's recommendation that if the December holidays fall on Friday /Saturday that the City be closed on the Monday following this scenario; on those holidays where they fall on a Sunday /Monday, it is recommended that the City be closed on the Fridays preceding those holidays. This will afford the City more weeks that are four days long and fewer weeks where they are three days long as noted above in the 114 -3 -4" plans. Such scenarios will provide a consistent staffing presence and therefore better 3 customer service to our residents. Again, this will also entail less entangled labor issues that are off -cycle from regularly - occurring negotiations. Fiscal Impacts: There will be no fiscal impact resulting from the recommended schedule. As noted above, there would be a fiscal impact were Council to consider the alternative of closing for the full week of Christmas. Advertising, Noticing and Public Contact: Publication of agenda in the Saratoga News. Conseauences of Not Acting on the Recommended Motions: If Council took no action on this issue, staff would be required to return to Council with some other plan for providing employees time off during the holidays. Follow Up Actions: City Manager to direct Assistant to City Manager to release notification to the SEA and all other employees regarding the Council's action on the holiday schedule. 4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 7(97-,(0 AGENDA ITEM MEETING DATE: October 18, 1995 CITY MGR. ORIGINATING DEPART.: Community Development SUBJECT: Synopsis of Construction Activity at 15470 Quito Rd. Recommended Motion(s): Direct staff to continue working with Mr. Hammack regarding his concerns with the construction of the new retaining wall in San Thomas Aquino Creek. Report Summary: At the City Council meeting on September 26, 1995, Mr. Hammack addressed the Council regarding his concerns relating to the City's approval for the repair of an existing retaining wall in San Thomas Aquino Creek located at 15470 Quito Rd. The City Council advised Mr. Hammack that the issue would be placed on the agenda at the next Council meeting and instructed staff to prepare a synopsis of the matter. On July 26, 1995, the property owner of 15470 Quito Rd., Mr. Foster, applied for a building permit to repair 36' of an existing wood retaining wall in San Thomas Aquino Creek. The plans were reviewed by the Planning Department, Plan Check Engineer and Building Inspector. The plans consisted of a parcel map indicating the location of the wall and structural details with associated calculations. It was not clear from the parcel map that the proposed work was located in the creek. However, the structural detail indicated the creek water line. The planner on duty and the building inspector did not realize the significance of conducting work within a creek and did not require the necessary approvals from outside agencies. Since that time, I have reiterated the proper procedure for processing such application and will prepare a standard operating procedure for future reference. On September 6, 1995 work commenced and the Codes Administration Division received a telephone call from Mr. Hammack expressing his concerns about the project. The complaint was routed to me and I realized that approvals from outside agencies had not been obtained. I instructed staff to visit the site and issue a stop work order. Staff proceeded to the site, contacted Mr. Foster and a stop work order was issued. The proposed project requires approval from four outside agencies; 1) Santa Clara Valley Water District (SCVWD) , 2) Department of Fish and Game, 3) Army Corp. of Engineers and 4) San Francisco Bay Regional Water Quality Control Board (SFBRWQCB). Mr. Foster has been notified of the approvals required from outside agencies. The applicant must provide evidence of compliance with SCVWD, SFBRWQCB and Fish & Game regulation prior to commencing work. The Army Corp. of Engineers permits this type of work under the federal existing non - reporting nationwide permit. In accordance with federal law, the applicant reviews the criteria established in the federal regulations and, through self evaluation, determines if the proposed work qualifies under the nationwide permit. If the project qualifies under the nationwide permit work may commence provided other required approvals have been verified. Federal law prohibits the City from imposing any additional notification requirements regarding compliance with the nationwide permit. After the stop work order was issued, the Codes Administration Division contacted all outside agencies and advised them of the project. On September 11, 1995, Gary Combes, of the Department of Fish & Game, visited the site and issued approval to proceed on September 14, 1995. The applicant submitted plans to the SCVWD on October 10, 1995. The staff engineer for SCVWD, Richard Anderson, informed me that the plans appear to be adequate. However, he has scheduled a site meeting on October 16, 1995 with Mr. Foster, the engineer of record and myself to review the application. Additionally, he indicated that the foundation for the new retaining wall must extend approximately three feet below the creek bed to prevent undermining. On October 11, 1995, Mr. Foster indicated that he will contact the Army Corp. of Engineers and complete the self evaluation to qualify under the nationwide permit. The Army Corp. of Engineers directs applicants to SFBRWQCB as part of the nationwide permit process. Once the SFBRWQCB and SCVWD issues approvals the Department will review the plans regarding compliance with City ordinances and aesthetics. The Community Development Director has discussed this matter with Mr. Hammack and explained that he will meet with Mr. Foster and Mr. Hammack, on site, prior to authorizing the work to commence. The Community Development Department received a letter from Mr. Hammack on September 25, 1995 in which he expressed many concerns regarding the project. The Community Development Director has reviewed the letter and noted Mr. Hammack's concerns. The Department understands Mr. Hammack's concerns and will exercise necessary discretion in determining an acceptable design for the new retaining wall. Fiscal Impacts• None. Advertising, Noticing and Public Contact: None. Consequences of Not Acting on the Recommended Motions: The approval process for this application may not incorporate concerns of the neighboring properties. Follow Up Actions: None. Attachments: None. c: \wpdocs \reportl.doc ffx u7, Ped� r."' R E SEP 2 5 1995 TO: City of Saratoga CITY OF SARATOGA Saratoga City Hall CITY MANAGER'S OFFICE Saratoga, California Attn. Mr. Paul Curtis Head, Community Development FROM: Calvin M., and Lenore Hammack 15440 Quito Road Saratoga, Calif. 950'70 Phone /Fax 354 -7991 Ref: Permit for construction of a downstream extension of an old bank retaining wall on San Thomas Aquino Creek at 15470 Quito Road by Howland and Carol Foster, owners. We urgently protest the issuance of the referenced permit for a very substantial extension of an ancient, hazardous and ugly cement block retainin(j'wall along the San Thomas Creek running along the rear of the Foster property, said cement block wall being the only such construction in the neighborhood. The Hammack property is adjacent to the Foster property and down stream, the creek also running along the back of that property and in the township of Monte Serreno. The Garzee property is directly across the creek from the Foster property. Only a small fraction of the proposed extension can be considered a replacement of prior construction, and no part can properly be called repair. The main part of the proposed construction is to be on virgin stream bank. The grounds we submit in support.of this protest are:. A. The Effects of Illecgal Activity The interrupted allegedly illegal activity has resulted in damage to the bed and bank of the creek rendering it even more vulnerable to potential flooding and thus putting an undue urgency on agencies attempting to evaluate the proposal for the referenced work. The allegations are recited at the end of this letter. It suffices here to state that it does not seem proper that the Foster's purpose should be furthered by the illegal destruction already done in the creek. Not only was damage done to the bank and bed of the creek but evidence as to the preexisting condition of the bank was destroyed, thus the engineers and agents of the Water District and the Fish and Game department and the Garzee's insurance company are unable to evaluate fairly that previous condition. Remnants of the few feet of the end of the wall that remained after last years flood were also removed furthering the problems of evaluation of the preexisting condition. The city should not be hastened, as a result of the illegal activity, into approving the concrete block wall proposed. Of the available options this type of construction is the most difficult to specify, the most costly and time consuming to build, the most unsightly, the most difficult to modify in case of error. B. Endangerment of Property. The lands of Garzee and Hammack are endangered owing to the contemplated modification of the water flow of the creek by, in our opinion, inexpert hands. The exact direction and plan shape of the proposed wall has not been established by any survey nor by the design or approval of a registered civil engineer specializing in hydraulics. No site survey or contour maps have been prepared by which such a competent engineer could design a wall in such a manner as to minimize the risks inherent in the installation of such a wall. The design of the wall must minimize velocity and turbulence which can place the lands of Garzee and Hammack as well as those of Foster at such risk. There are civil engineers who specialize in locating and configuring creek retaining walls so as to minimize the hazard of that construction to property across and downstream and so as to reduce the hazard to children and pets during high water. Engineers of this caliber will not proceed without a topological map of the stream including the main channel and the banks at, above, and below the position along the creek of the proposed wall extension. 7t appears No such engineer has been made formally responsible for the design and location of the wall in any of the organizations associated with this project, including the City of Saratoga. C. Endangerment of Life. No provision has been made, or seems to be contemplated, to protect the lives of children as is required for swimming pools. The continuing hazard to children presented . by a potential drop of six or seven feet into a shallow pool of water is certainly commensurate with that the hazard of a swimming pool. At high water, close proximity and immediate depth of high velocity water probably makes the walled creek of even greater hazard than the swimming pool. Attempting to extricate oneself from the creek at high water is almost impossible at the walled edge of the creek. The added brick augmentation of the existing wall applied to the proposed wall would increase its hazard. D. Survey and Property Line No survey of the project has been conducted by a registered land surveyor or registered civil engineer as is required by law for such projects. The Garzees particularly protest the issuance of a wall of this type without a fully legal land survey. In this case the wall could be instrumental in determine not only the boundary between the lands of Foster and the lands of Garzee, but also instrumental in determining the boundary between the townships of Saratoga and Monte Sereno. It is likely that the Water District can be held liable for any loss suffered by the Garzees owing to the issuance of a permit without a properly performed and documented land survey describing the exactly where on the site the proposed wall extension is to be located and the configuration of the extension. 2 E. Unsightliness. The extension will be unsightly from the Garzee side, and the Garzees particularly protest the construction of the wall on these grounds. The use of concrete block for this purpose is so unfortunate in view of the many alternative to the block wall that are available: Rock, buried scrap concrete, even bagged concrete would all be preferable to the horrid looking concrete block construction that is contemplated in the application for permit. F. Wild Life Habitat. The habitat of an appreciable amount of wild life would be wantonly destroyed by the issuance of a permit for this wall. We hold this truth to be self evident. Were any of the inspectors of the City or the other agencies to view the condition of the creek, the wall, and the bank from any more than the upper edge of the Foster bank they would probably come to the same conclusion. G. Precedence The precedence of recent management of the creek has been to avoid the use of sheer concrete walls if at all possible. In this particular case there is no compelling need for the use of such a wall. Issuing a permit for this wall under the present condition of the terrain and local sets a precedent for other such construction both by the Fosters and by others. The Fosters may well expect by this precedent to'be allowed to extend their wall down stream toward the Hammack property line. The Garzees, or their successors, can be expected, in view of the permitted degradation of the opposite side of the bank, to build a similar wall on their side. The total restriction of high water flow can then be expected to cause a water velocity increase of perhaps an order of magnitude at the property line. The precedent set by the City in granting a permit to this new wall on the virgin creek bank (No wall had been there before.) can only result in the lovely San Thomas Aquino Creek becoming a concrete drainage canal or ditch. Certainly it will no longer be a creek. Our engineers should no simply rely on the decision of the Water District people, who are not concerned with community pride, ethics, and the beauty of nature, the water table, or even the soundness of the structure. H. The Condition of the Old Wall The decrepit condition of the existing wall,that wall from which the small length at the end was torn away, suggests that it is not reasonable to issue a permit for the sought extension of this wall without considerable modification of the existing wall upstream from the five foot section that was torn out in the storm. In issuing a permit for such an extension, it would seem that the City in a way certifies that the whole wall is safe. It is perfectly conceivable that were the old wall or a portion of it collapse that the water could get in behind the newly constructed wall and be funnelled directly into the downstream property. It would not seem that the required drainage fill specified in the original application would resist such erosion at the rear of the wall. Only the representative of the Water District has been persuaded to get down into the creek bed to inspect the 3 wall that appears to have more or less survived the storm. We know of no such inspection either performed or planned by the City authorities. In the area where it is desired to construct the extension of the preexisting wall it is clearly seen than this section is greatly undermined. This is not a condition that can be blamed on a tree falling on top of the wall. There are several factors that would seem to be important to one attempting to evaluate the condition of the existing wall: 1. Undermining. - The undermined condition of that part of the wall from which the five foot end piece was torn away and the similar undermining of the wall upstream from the end that was torn away. 2. The Construction - The design of the original wall should be determined by a careful inspection by a registered engineer competent in such matters. One must consider the great age of the wall and take account of the techniques commonly employed in such construction at the time it is estimated the wall was built. One should look for signs that rebar had been used. A casual inspection indicated that there was none. There seems to have been no footing provided for the wall other than perhaps a bed of stones. 3. Necessary Impact - An estimation of the impact that would have to be applied to the top of a cement wall of proper design in reasonable condition in order to tear it away from the rest of the wall. 4. Actual Impact - An estimation of the force or impact that was applied by the fallen tree that is said to have contributed, at least to some extent, to the destruction of the end part of the wall. In this connection one might wish to consider the whatever softening of the blow would be afforded by the eighteen inch topping of brick that had been added to the concrete structure below. By visual inspection, one finds that all the old wall appears to have been constructed with no concrete or other solid footing and that there is sever erosion under the wall ' there is sever undermining of that section of the wall from which the end piece was torn owing to the storm. One must ask then as to the relative contributions to the demise the wall during the storm. Was it a giant blow that no wall could have withstood? Was it that the wall was so inadequately constructed, so undermined by the water, and so aged by earthquake and storm over the decades that it just fell away at the slightest provocation? It is noted that a large ancient section of concrete completely damming creek indicates at least one previous failure of the wall. The answers to these question should indicate what may be expected of the surviving wall after it has been extended. With the indicated questions, answered in some detail and with considerable expertise, a reasonable decision might be forthcoming as to the nature of the modification of the existing wall that might permit a proper 4 termination of that to replace the raw end that had been there before the storm tore five feet of it away. I. Misleading Wordina Three critical words have appeared relative to this application for building permit, and apparently to the applications to the other agencies. These words would seem to have a profound influence on the judgement of those evaluating the proposal. 1. "Repair" and "Replacement" versus Extension - Apparently in the applications for permits, and in discussions between and among participants in this affair, regarding the character of the work intended some misleading words have appeared which seem to have colored the judgement of the officials involve. Only the downstream five feet or so of the ancient decrepit wall crumbled during the storm. Only building a wall of no more than about five feet length can be possibly called a replacement of the destroyed section or a repair of the remaining ancient wall. Yet it would seem that the insurance company is to be charged for an extension of the wall of some thirty -five feet down stream, possibly including the actual replacement part. The use of the words "repair" and "replacement" in a permit issued the City of Saratoga tends to add the professional authority of the city engineers in essentially certifying that there was a viable wall in that exact location for the entire length of the proposed wall and that it was that wall that collapsed during the storm. According to statements given to one of us by City personnel, no agent or inspector or investigator had taken the trouble to descend into the creek bed to investigate the evidence of destruction prior to the illegal backhoe work and before issuance of the permit. Furthermore, no such agent of the City, has yet made such a descent to inspect the remaining evidence of the tenuous state of the wall before the storm and the damage to the unwalled bank created by the illegal use of the backhoe thereon. In addition to the insurance people the Water District and the Fish and Game people look to the city for guidance and help in the enforcement of their rules and regulations. It is astounding, the dependence of the other agencies and organizations place on the use of the two words "repair" and "replacement" being allowed and accepted in the permit by the City. In our view, the use of these words in the application for the construction of a wall that is to be any longer than about five feet is intentionally deceptive, and the City is a party to the deception if it accepts this wording in the issuance of the permit. 2. Five Foot Wall - The application calls for a five foot retaining wall. In our view it should be obvious to anyone walking up the creek, not on its banks, from the Hammack property line that the wall, installed with appropriate engineering standards, would be over six feet most of the way and in some places over seven feet. It is not obvious where a wall of five feet in height could be installed appropriately. Again we have no information that any City agent got down in the creek to examine the appropriateness of this height dimension. We cannot help wondering whether or not this five foot height dimension was put in the application or the permit in order to clear the application past the City regulation limiting hillside retaining walls to five feet. The question of course is whether or not a creek bank of six or seven feet or more can be called a hillside. Certainly an engineering drawing for a wall such as this one would be expected to conform to the physical realities of the site and not merely conforming to the legal requirements of the City. J. Motives for Building the New Wall. In view of all the commotion caused by this project it behooves a participant in that commotion to ask what motive drive one to such an unwanted construction. 1. Increased Lot Size - Attaining the greatest possible area of level land area in their real estate plot. Land values are going up. In this way, the lot area available for present agricultural use is maximized making possible maximum use of creek water for agricultural and /or garden use. Later on, of course, this maximized area can be used for the construction of swimming pools and expanded housing. 2. Reduced Maintenance - One must admit that for the pleasure of living on a creak, aside from being able to suck water out of it for gardening, there is a price to pay in the effort and vigilance it takes to care for it. The termination of one's property in what seems to be a properly constructed river wall would seem to endow a piece of property with an appearance of stability, wishfully increasing its value. However, not everyone will enjoy having a concrete drainage ditch running by the back door, and the property value may indeed decrease. Certainly the value of the property across the creek will decrease. K. Alternatives. There are several alternatives available to enable stabilization of the creek. None of these alternatives would seem as atrocious in appearance, as great in expense, as difficult to adjust, as harmful to wild life as a concrete wall. APPENDIX Violation of Permit Laws 1. Law Violation - We allege that, on or about Thursday, September 9, 1995. At least one of the Fosters, possibly through a prime contractor unknown to us, engaged, authorized and ordered Mr. Dennis Eugene Lisher (owner of Denny's Backhoe, Inc., Gen. Eng. Lic. No. 698386) to commence work preparatory to construction of said wall by using his backhoe.to tear out about 35 feet of the C7 embankment of said creek without having obtained a permit for doing so from either the Water District or the Fish and Game Department. We further allege that Mr. Lisher initiated this work according to instructions. 2. Premeditation. - We submit that Mr. Lisher may have started his work on the bank without the knowledge that no permit had been obtained. However, Mr. Lisher continued work after he had been thoroughly advised that no permit had been obtained and had been warned of the charges he might face were he to continue backhoeing the bank. In our view, the Fosters had to be fully knowledgeable of the legal requirement for getting such permits because some of us had advised them of this requirement on numerous occasions. These occasions started well before the storm last winter, which storm caused destruction of about five feet of the downstream end of the ancient concrete wall. There was discussion of the said permits only a week or so before the protested illegal backhoe action, at which time Mr. Foster stated that he was going to leave the matter of permits up to the insurance people and the contractors. The last time that the matter of county and state permits was raised with the Fosters was during the day the illegal backhoe work " was in progress, and when the contractor(s) interrupted their work long enough to determine that there was no permit and to receive orders from at least one of the Fosters to continue their illegal activity in spite of warnings as to the illegality of their actions. 3. Damage. - We submit that great damage was done, by the backhoe, to the bank of the creek and to evidence of the prior physical status of the creek in the area of the wall destroyed. We submit that this evidence had it not been destroyed could have affected the decisions of the agents of the City of Saratoga, the Water District, the Fish and Game Department and insurance people. 4. City Blame. - Hearing statements that the Fosters were informed by the City that was no requirement for any other permit than that issued by the City, the City people involved were contacted. These people appear to accept only a limited blame as follows: a. The City people did not make a point of informing Mr. Foster of the law about said permits. b. The City people did not tell Mr. Foster that no permit other than theirs was necessary. C. The issue of permits was simply not discussed. d. There is no legal requirement for the City people to inform a person getting a permit from them about the requirements of other agencies. 7 5. There appears to have been five chances for the violation of the rules of the Water District and the Fish and Game Department to have been avoided along with the appearance of possible conspiracy to intentionally violate these rules. a. At least one of the Fosters could have heeded our repeated warnings and could have at least checked with the City or the SCCWD or the F &G or with their hired civil engineer or licensed general contractor about the necessity of getting the permits before work was started. b. The person who issued the City building permit could have informed the applicant of the necessity of getting the said permits. The City inspecting person examined the site at the bank of the creek. The permit application was reviewed by a structures engineer at the City. Both of these people must have known of the requirement for the permit. It is our understanding that it has been the policy of the City not to issue a permit until the permits from the County and State agencies had been obtained. C. The licensed professional engineer (CIVIL) who is certified to have designed the wall must have known of the necessity of obtaining such permits. The drawing clearly shows that the wall was intended to be placed at the creek and he stated to one of us that he had inspected the site. It is hard to believe that he would not mention at least the Water District and the functions of that organization during his claimed inspection of the site and submission of his plan. Action against this gentleman for negligence seems appropriate and is being taken before the Professional Engineering Licensing Board. Effect of this action on the career of this gentleman may be minimal as he has declared himself to be retired. d. Mr. Lisser, and the prime contractor if there was one, should have assured was, it would seem, ethically bound to counsel his client in the matter. It is a part of the requirement for holding General Engineering Contractors license to know the law relative to the work upon which he is to be engaged and to be certain that all actions he takes is in accord with the law. We have been unable to determine the identity of this contractor and thus do not know whether or not he has a current valid license as a General Engineering Contractor. ( Denny's Backhoe Inc. appears to have a current general engineering contractor's license and appear to have known that they were working on a stream embankment. That organization appears to have proceeded without establishing the existence of the proper permits. This action appears irresponsible and possibly in violation of Codes governing contractors. In fact Denny's Backhoe Inc. comprises but a single officer, Denny Lisser, the operator of the machine.) R ,1 It would seem that to get by these five opportunities for enlightenment about the requirements of the law without deriving any inkling about the relevance thereof to the proposed activity indicates either very bad luck or very laudable determination. 6. ,Motives - One should seek to understand the motives that may exist for a person to seek to buy pass the process of obtaining the required state and county permits when such permits are rarely denied and the mottoes of both agencies seems to be: "We cannot prevent a land owner from constructing a creek retaining wall on his property if he wants to ". The motives suggested include: a. Saving time. Although the eventual issuance of the permit seems always to be a certainty, the time required and possible complications can be annoying. b. Avoiding the bother. The Water district requires at least an inspection of the site, and the submission of plans containing the specification of the work to be accomplished. c. Tile chances of being caught are not great. We are told that the Water District and the Fish and Game department are markedly understaffed. A. Conclusion. We submit that the illegality of action in this instance is not excusable on the basis of ignorance of the law.and that offenders should not be allowed to profit by illegal actions and that particular care should be exercised by the agencies involved in issuing permits where occurrences of illegalities have been indicated. cc: City Council Mr. Larry Perlin 9 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.: (6 ?-S MEETING DATE: October 18, 1995 AGENDA ITEM: I� ORIGINATING DEPARTMENT: Comm nity Development ?J CITY MANAGER APPROVAL: f`J SUBJECT: AZO -95 -001 (a) & (b) - Proposed amendments to Saratoga's Subdivision and Zoning Ordinances. An environmental Negative Declaration has been prepared pursuant to the requirements of the California Environmental Quality Act. Recommended Motion: Adopt the environmental Negative Declaration and introduce the amended Ordinances as recommended by the Planning Commission. Report Summary: Description: The Planning Commission has initiated amendments to the following sections of Saratoga's Subdivision and Zoning Ordinances: a) Article 14- 50.040 Amendment to parcel Lot Line Adjustment procedures allowing staff to approve Lot Line Adjustments which conform to all applicable ordinances. Currently, Lot Line Adjustments are required to be reviewed and approved by the Planning Commission. b) Article 15- 70.020 Amendment within hillside subdivisions effect when the subdivision originally approved, in lieu setbacks. Discussion: to allow residential development to use those building setbacks in and site development plan were of current lot - percentage based At their July 26th public hearing the Planning Commission voted 6 -0 (Commissioner Patrick absent) to recommend approval of the proposed amendments to the City Council. These Subdivision and Zoning Ordinance amendments had previously been reviewed by the Planning Commission at publicly noticed study session and regular public hearing meetings. These amendments are intended to "correct" areas of the Subdivision and Zoning Ordinances which have become unnecessary or ineffective. Pursuant to City Council policy, these amendments were introduced at the August 22nd adjourned meeting as an opportunity to familiarize Councilmembers with the items. The Council was supportive of the changes and directed staff to schedule the items for formal consideration at a regular City Council meeting. The original Staff Memos to the Planning Commission discussing the proposed amendments in detail are attached for reference. The revised building Gross Floor Area definition, AZO-95-001 (d) , was accepted by the Planning Commission as an interim policy guideline only; the Commission did not want to address amending this ordinance until after the Design Review Task Force had completed their study. Public Notice: A public notice was published in the Saratoga News. Fiscal Impacts• None. Follow -up Actions: None. Consequences of Not Acting on the Recommended Motion: Existing Ordinances would remain unchanged. Attachments: 1. Draft Ordinances 2. Environmental Negative Declaration 3. Staff Memos dated 3/8/95 & 6/6/95 j ames \memo. cc \azo951 U F Pe MAN 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCEL MEMBERS: Ann Marie Burger Paul E. Jacobs Gillian Moran M E M O R A N D U M Karen Tucker Donald L. Wolfe TO: Planning Commission FROM: James Walgr ssociate Planner DATE: March 8, 1995 SUBJECT: AZO- 95- 001(a); Proposed Amendment to Hillside Subdivision Building Setback Requirements Description: The Planning Commission is initiating an amendment to Section 15- 70.020 of the City Code. This amendment would allow residential development within hillside subdivisions to apply those building setbacks in effect when the subdivision and site development plan were originally approved, in lieu of current lot- percentage based setbacks. This is the first of four proposed ordinance amendments which were first presented at the Planning Commission's annual retreat in January. These amendments are intended to "correct" sections of the Zoning Ordinance which are not working as effectively as anticipated; none of these amendments would effect the City's basic land use objectives and development criteria for the prospective districts. Discussion: Subsection 15- 70.020(b) of the City Code was adopted in 1992 as part of comprehensive Zoning Ordinance amendments which were reviewed and approved by the City Council based on the Planning Commission's recommendation. Prior to these amendments, building setbacks were based on the particular zoning district a property was located in (see attached setback exhibit). The amendments called for setbacks to be based either on these minimum distances or on percentages of the parcel's width and depth, whichever resulting distance is greater. These percentage setbacks only apply to undeveloped sites; to apply it to the entire City would have caused scores of existing homes to be considered nonconforming. Printed on recycled paper. AZO- 95- 001(a) Page Two On level parcels these increased setbacks have not created significant hardships. On hillside- parcels, however, these increased percentage setbacks are often contrary to the intended building site when the subdivision was first approved. The attached site development plan for Lot 3 of the Chadwick Place subdivision represents where the future residence was anticipated to be built when the subdivision was approved. This plan also shows typical environmental constraints within the hillsides, such as steep slopes, fragile drainage systems and open space protection easements. Applying percentage based setbacks to this parcel now would result in the home being located off of the approved pad, on steeper slopes, within an open space easement and closer to the natural drainage swale. In order to preserve the intent of the setback ordinance to increase required setbacks when possible, and to provide environmentally sensitive hillside building locations in cases where building sites were included in subdivision -level site development plans, staff is recommending the following amendments to Article 15- 70.020: (a) The Planning Commission is hereby designated as the approving authority under this Article with power to grant variances from the regulations prescribed in this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front yards, side yards and rear yards, allowable floor area, height of structures, distance between structures, signs, off - street parking and loading facilities, fences, walls and hedges, and alteration or expansion of nonconforming structures, in accordance with the procedures and requirements set forth in this Article. (b) No variance for setbacks Est- anee betweeft strttetttres, f enees , walls anel hedges shall be required hemmer for new main and accessary structures proposed to be built en emist gi-aded pads where: (1) The kxl pads 1 graded pursuant to an approved tentative map, recorded final map and approved grading plan, consistent with the final map; of (2) The location of the building site was an important factor in approving the subdivision, as demonstrated by a preponderance of evidence, such as supplemental site crttt plans, discussion in staff reports or public ........:::...... .p minutes, applicable environmental documents, adopted findings and a resolution approving the project and in adopted conditions of approval. AZO- 95- 001(a) Page Three The i ......................... I.- :► Director shall determine ...:::::::::::::::::...........:.:.: .....:....::::....:: :.......... the applicability of this subsection. The Director's decision shall be subject'to appeal pursuant to Section 2- 05.030. Relief granted under thisubsection does not relieve the project from other applicable .... requirements of this Chapter. Recommendation: Direct staff to proceed with preparing the proposed ordinance amendments for review and continue the public hearing to a date uncertain. Once the remaining three amendments have been reviewed by the Planning Commission, a Resolution (including all of the amendments) together with an environmental Negative Declaration will be noticed for a final public hearing for formal recommendation to the City Council. Attachments: 1. Setback Exhibit 2. Typical Hillside Site Development Plan Setback and Lot Coverage Requirements: INTERIOR LOTS THE MINIMUM YARD REQUIREMENTS FOR ALL LOTS, WITH THE EXCEPTION OF VACANT LOTS AND LOTS CREATED AFTER JANUARY, 1992, ARE AS FOLLOWS: ZONE DISTRICT FRONT SIDE REAR IMPERVIOUS SIDE: 10% of 1st /2st COVERAGE R -1- 10,000 25 10 25/35 60% R -1- 12,500 25 10 25/35 55% R -1- 15,000 25 12 30/40 50% R -1- 20,000 30 15 35/45 45% R -1- 40,000 30 20 50/60 30 %* HR 30 20 50/60 25 %* (up to max. 15,000 sq. ft.) THE MINIMUM YARD REQUIREMENTS FOR ALL VACANT LOTS AND LOTS CREATED AFTER JANUARY, 1992, SHALL BE EITHER THE ABOVE, OR AS FOLLOWS, WHICHEVER IS GREATER: FRONT: 20% of lot depth SIDE: 10% of lot width REAR: 25% of lot depth SETBACK ENVELOPE 42 * Excluding driveways providing access to required parking (Impervious Coverage includes any structure or hard surface which substantially impairs the permeability of the soil). S\ ov► c D�\c6pme4 or} Iran cilsru� ve, (CCACV) Tc,(wej.4 64. V-,4qCd UX6 �CUOpe-AA CLIACIC UA e4,4+, (5w6 !4ecr-,v 4ct�oxivl OWC4 c6-tv 4c, 4Ire - w" i cw,17 ;tcx►te. -w mt 4wc C-,ri , NO m om*vpx-vW d PnAyfo*% JOW�14WM: t*r Ad TAW I D7' J4 5irm: vp5. f ox Jf tv, S\ ov► c D�\c6pme4 or} Iran cilsru� ve, (CCACV) Tc,(wej.4 64. V-,4qCd UX6 �CUOpe-AA CLIACIC UA e4,4+, (5w6 !4ecr-,v 4ct�oxivl OWC4 c6-tv 4c, 4Ire - w" i cw,17 ;tcx►te. -w mt 4wc C-,ri , NO m r I 93MISS laill � 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: Ann Marie Burger Paul E. Jacobs M E M O R A N D U M Gillian Moran Karen Rucker Donald L. Wolfe TO: Planning Commission FROM: James Walgr n, Associate Planner DATE: June 6, 1995 SUBJECT: AZO- 95- 001(c &d); Proposed Amendments to Lot Line Adjustment Procedures and Allowable Floor Area Definition Description: Discussed herein are the last two, of four, proposed ordinance amendments which were first presented at the Planning Commission's annual retreat in January. These amendments are intended to "correct" sections of the Zoning Ordinance which are not working as effectively as anticipated. At previous meetings the Planning Commission heard suggested amendments to the building height -to- allowable floor area and percentage setback requirements. The remaining two proposed amendments include simplifying the Lot Line Adjustment application procedures and. clarifying the current definition of. building floor area. Discussion: Community Development Director to act on Lot Line Adjustment applications which conform to all applicable Zoning and Subdivision Ordinance requirements. As the Planning Commission knows, the State Subdivision Map Act (Section 66412) states that local agencies shall limit their review and approval of Lot Line Adjustments to "a determination of whether or not the parcels resulting from the Lot Line Adjustment will conform to local zoning and building ordinances ". Local advisory agencies are prohibited from imposing conditions or exactions on Lot Line Adjustment approvals, except to facilitate the relocation of existing utilities or easements. The City's Subdivision Ordinance (Section 14- 50.040) establishes the review procedure used when considering Lot Line Adjustment applications, and reiterates the criteria outlined in the Map Act. Printed on recycled paper. This code section was adopted in 1962 when the City had a Zoning Administrator, a staff position, which acted as the advisory agency for all ministerial and most discretionary permit approvals. Much of the authority of this position was later transferred to the Planning Commission, which then became the "advisory agency" for Lot Line Adjustments as well. Since Lot Line Adjustment reviews are tightly regulated by the Map Act, there is no real benefit to having the Planning Commission review them. Staff is therefore recommending the following changes to Section 14- 50.040 of the Subdivision Ordinance: 14-50.040 Action b Y ::.::.::.::.... !aaa f findings. .............................. (a) Within fifty days after the application is accepted as complete, unless such time is extended by mutual agreement of the advisory agency and the applicant, the x shall approve, conditionally approve or disapprove the application and shall report such action to the applicant. A copy of said report shall be kept on f ile in the City of f ices for a period of not less than f ive years, and in all events, until the recordation of a record of survey or deed, as required under Section 14- 50.060, and final acceptance by the City of any public improvements to be constructed by the applicant and, termination of the applicant's responsibility to maintain such improvements. b The rn.. ��r ,;;�?��x�.cs��rr���.r�.�i.�r shall not approve a lot line adjustment unless it makes al'1 of the following findings; (1) That the proposed lot line adjustment is consistent with the General Plan and any applicable specific plan. (2) That the proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter. For the purpose of this finding, the lot line adjustment shall be deemed consistent if no new violation of such regulations is created by the lot line adjustment, or if the nonconformity created by the lot line adjustment is specifically approved by the advisory agency through the appropriate process, such as the granting of a variance or use permit under Chapter 15 of this Code or the granting of an exception under this Chapter. (3) That the proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of, the subject properties. In this connection, the advisory agency may grant tentative approval if it finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the advisory agency to determine that the public at large has acquired easements for access through or use of any portion of the subject properties. Clarifying the definition of building Gross Floor Area. Saratoga's current definition of building Gross Floor Area, as amended in 1987, has been subject to staff interpretation in several instances as to what the definition includes or excludes. Staff is proposing to clarify this definition with the following text modifications to Subsection 15- 06.280 of the Zoning Ordinance: 15- 06.280 Floor area; gross floor area. (a) Floor area means horizontal area measured in square ,feet b Gross floor area means the otal<:<:: >:<::: :>:::: ::::: >::: » :::::: >::: ><: g floor space under roof of all floors of a building me�asured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts; wter-o •i`'t-••` Recommendation: Direct staff to proceed with preparing the proposed ordinance amendments for public hearing review and approval. A final Resolution including each of the four amendments, together with an environmental Negative Declaration, will be noticed for a public hearing for formal recommendation to the City Council. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. AGENDA ITEM 9 MEETING DATE: October 18, 1995 CITY MGR. APPROVAL ORIGINATING DEPT: City Manager's Office SUBJECT: Adoption of CDBG County /City Contract for FY 1995/1996 Recommended.Motion: Adopt Contract and Authorize City Manager to execute. Report Summary: Through a Joint Powers Agreement the City of Saratoga participates with nine other small cities and Santa Clara County as Urban County recipients of Community Development Block Grant funding. The federal government requires each participating jurisdiction to annually execute a contract specifying each party's responsibilities and obligations. Attached to the contract is a list of projects and the budgeted amount for this year. The contract has been revised from its earlier format and there is an addendum to Exhibit G. The revisions to the contract focus on specific insurance levels required of cities and non - profits when major constructions projects are undertaken. The addendum to Exhibit G is simply formalizing the current insurance requirements that are practiced in most Urban County Cities. Other than the changes mentioned, the contract formalizes the existing operation of the program and does not impose any new obligations on the City. The City's balance as of July 1,' 1995, for FY 1995/1996 is $511,867.64. Fiscal Impacts: None Follow -Up Actions: Staff will send signed CDBG County /City Contract for 1995/1996 to the County. Consequences of Not Acting on the Recommended Motions: City will not be reimbursed for projects eligible for CDBG funding. Attachments: 1. CDBG County /City Contract for 1995/1996 2. List of projects for FY 95 -96 3 TWENTY -FIRST PROGRAM YEAR ' SUMMARY OF ALLOCATION CDBG FY95/96 FOR THE CITY OF SARATOGA PROJECT SCR IO PROJECT O NUMBER FUNDING FY95/96 SG DEV FOR LOW INCOME SA -88 -11 15,897.96 HSG DEV FOR LOW INCOME SA -92 -11 13,868.03 HSG DEV FOR LOW INCOME SA -93 -11 49,957.00 ADA COMPLIANCE SA -94 -41 3,690.00, CITY -WIDE CURB CUT PROG SA -94-42 112,500.00 HOUSING REHAB ADMIN SA -94 -52 1,954.65 ADA COMPLIANCE - ARCHITECTURAL SA -95-41 124,000.00 BARRIER REMOVAL CITY FACILITIES LOW INCOME HOUSING FUND SA -96 -11 50,000.00 TRI- AEGIS- ALLENDALE HOME SA -96 -12 50,000.00 ACQUISITION INNVISION - MONTEREY ST INN SA -96 -13 5,000.00 EMERGENCY HOUSING CONSORTIUM- SA -96 -14 10,000.00 REHAB RECEPTION CENTER PHASE II EMERGENCY HOUSING CONSORTIUM SA -96 -15 3,000.00 MONTEREY GLEN INN REHAB PHASE II TIMPANY CENTER REHAB OF FACILITY SA -96 -16 5,000.00 SARATOGA AREA SENIOR SA -96 -31 18,500.00 COORDINATING COUNCIL - DAYCARE SARATOGA AREA SENIOR SA -96 -32 18,500.00 COORDINATING COUNCIL - OPERATIONS URBAN COUNTY REHAB SERVICES SA -96 -53 15,000.00 GENERAL ADMIN SA -96 -91 15,000.00 511,867.64 Prepared by Lisa Perez. Countv HCD 21 vear Proiects SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 (o 23 AGENDA ITE MEETING DATE: OCTOBER 18, 1995 ORIGINATING DEPT.: PUBLIC WORKS CITY MGR. DEPT. HEAL SUBJECT: Approval to purchase replacement play structure at Congress Springs Park Recommended Motion(s): Move to authorize issuance of a $13,006.93 purchase order to Landscape Structures, Inc. for purchase of -a replacement play structure for Congress Springs Park. Report Summary: The Parks & Buildings Maintenance Superintendent has secured a proposal to replace the play structures at Congress Springs Park which were vandalized in early August. The recommended replacement structures would meet new applicable safety standards and are designed for children between the ages of 5 and 12 years. The Parks & Recreation Commission reviewed the design of the replacement structures on September, 5 and recommends Council approval of them. The new structures would cost $13,006.93 and would be obtained through a vendor which has recently supplied several of the play structures at other City parks. Approval of the purchase at this time is requested as it will take between 6 and 8 weeks for the new structures to-be delivered. In the meantime, staff will solicit bids for installation of the structures including disabled access modifications to the play area now required by the Americans with Disabilities Act. This work is estimated to cost an additional .$9,000, bringing the total cost of the replacement to around $22,000. Fiscal Impacts• A claim has been filed with the City's insurance carrier, ABAG Plan Corp., for replacement of the play structures and all related work. ABAG staff has indicated that the City's claim will be honored less the City's $5,000 deductible amount. The claim will be processed once cost estimates for purchase and installation of the new structures are submitted. Thus, the City should receive an insurance settlement for around $17,000, while the deductible amount of $5,000 can be funded from the balance in the Park Development Fund (Fund 31). Once bids for the installation are approved, a resolution to amend the budget as follows will be presented for Council approval: Increase Park Development (Fund 31) revenues by $17,000 to reflect receipt of the insurance settlement. Transfer $22,000 from Fund 31 balance to Activity 36 (Park Maintenance), Account 6715 (Land Improvements) to fund the purchase and installation of the new play structures. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: Authorization to purchase the replacement play structures will not be provided. Staff would follow whatever other course of action the Council would choose to pursue. Follow Up Actions: 1. A purchase order for $13,006.93 will be issued to Landscape Play Structures, Inc. 2. Bids will be solicited for installation of the play structures and access modifications to the play area. Attachments: 1. Report from Parks & Buildings Maintenance Superintendent. 2. Quotation from Landscape Play Structures, Inc. 3. Plans for proposed replacement play structures. J SUBJECT: REPLACEMENT OF DAMAGED PLAY - STRUCTURE AT CONGRESS SPRINGS PARR Recommended Motion(s): Approve purchase of replacement play - structure for Congress Springs Park Report Summary: On August 8, 1995 the old wooden play- structure at Congress Springs Park was destroyed by an arson fire. This structure which was over fifteen (15) years old, consisted of a platform, slide, swings and a tire swing. These play- structures were scheduled to be replaced within the next five to six years to meet SB2733 State Legislation which mandates compliance with Federal Playground Safety Standards by the year 2000. The property loss is covered by the Association of Bay Area Governments (ABAG) group policy with the City. ABAG will pay for the purchase of the replacement and its installation, less the $5,000 deductible. The total estimated cost of $22,000 for the purchase of a new structure and installation. The new play - structure must meet current standards which are determined by the American Society for Testing and Materials (ASTM), "Standard Consumer Safety Performance' Specification for Playground Equipment for Public Use ", and the Federal Consumer Products Safety Commission's (CPSC) 1°Publ.ic Handbood for Safety ". This new structure must meet the Americans with Disabilities Act which requires all public facilities (including playgrounds) be free of architectural barriers.to access if constructed or installed after January 1, 1995. The recommended new play- structure will conform to all mandated standards. The play- structure components consists of a platform deck, peak roof, spiral slide, snake climber, curved slide and an independent swing set. The cost of this play- structure is $13,007 to purchase, approximately $9,000 to install the structure and modify the play area to comply to ADA access standards. ABAG has stated that they will cover the purchase cost and installation, less the $5,000 deductible, once they receive the formal estimates for purchase of the new structure and its installation. On September 5, 1995 the Parks and Recreation Commission approved the play- structure replacement as designed. Fiscal. Impact: This is an un- anticipated expenditure of $5,000 for the deductible. Follow Up Action: None Consequences of Not Acting on the Recommendation Motion: The play- structure would not be purchased at this time and possibly be rescheduled for a later date. This structure is important because it provides play environment for many children between the ages of 5 to 12 years old who are involved in /or with the many activities scheduled throughout the year at Congress Springs Park. ~ ' =. - F _RD�T: 1,r1 i 1EGC~ U �?�P�.'' V 4rE x411_149 . 47 902 09: =C @9 tUJy 2RMILANDSCAPE STRUCTURES TD :6129726091 PAGE 1/3 r r. �c��1LN GVtT'N �LU1NC� QUOTE SHEET Quote No: 1061719 Date: 09 -06 -95 Rep Organization: ROSS RECREATION By: RF Contact Person: 3WI14G PHILBIN Project Title: CONGRESS SPRINGS PARK Location: SARATOGA, CA Phone No: Style: Playbooster Posts: Aluminum Bury Type: Direct Bury Q'T'Y N0. DESC RI IFTION UNIT UNIT WEIGHT PRICE WT. PRICE PLAYSTRUCTURE COMPONENTS POSTS 2 111404 124" ALUM. POST 4 111403 182" ALTUX, POST FOR ROOF ROOFS 1 111408 PEAK ROOF DEGKS 2 111228 1 111248 ENCLOSURES 1 111267 1 111267 1 116247 SLIDES 1 111414 1 11,5353 ATTACHMENTS 1 111359 SQt3JI�PE TENDSP.. ECK TRANSFER MODULE, RIGHT 48" DECK POLY MALL POLY WALL W /DIHEEL VERTICkL LADDER - PANEL 24" SLIDEWINDER 48" DECK SPYROSLIDE FOR 72" DECK /CONNECTORS SNAKE CLIM13EiR 72" DECK Weight & Cost of Playstructure Items Concrete: 27.20 cu -ft, Fcatings: 15 Labor; 34.00 Tian - riours INDEPENDENT COMPOISNTS TNDEPENDEN'r SWINGS 1 100050 5" ARCH BELT SwM"G, 2 PLACE 30 118.00 60 236.00 41 161.00 164 644.00 200 1143.00 127 480.00 254 960.00 400 1821.00 105 368.00 ill 463.00 40 335.00 208 1015.00 470 2330.00 102 675.00 2114 $ 9990.00 245 1480.00 Weight & Cost of independent Items 245 $ 1490.00 Concrete: 7.00 c1.1 -ft, FoOtingS: 4 Labor: 3.00 Mar- -Hours FF. ` - : r� 0 PP F'cPT I0t'1 El-U i P. 40.3 7411049 -9S 09:29 FROM:LANDSCAPE STRUCTURES 10=6129726091 Page: 2 Date: 09 -06 -95 `I._ i QUOTE SHEET Quote No: 1061719 Project Title: CONGRESS SPRINGS PARK N0. 47 D4 ' PAGE 2/3 Style: Playbooster Posts: Aluminum Bury Type: Direct Burg QTY DESCRIPTION UNIT UNIT WEIGHT PRICE WT. PRICE - - - -- -------------------------------------------------------------------------- Weight & Cost of Equipment 2359 $ 11470.00 Estimated requirements for Equipment. Ccucrete: 34.20 cu -ft, Footings: 19 Labor: 37.00 Man -Hours T" Estitrated Man -Hours do not include site preparation ko&4,r Quote is valid for 30 days. Signed Date 1uA2rkWA ink Alp- MI C). "` �bG1` 7tii` ST12FE►' 1{; 4' t3 :i�Gf.flEtA,t+c�'•Weipc�tjsa.9 ►�ai�4J 0517$'x:: 2�33P7�< i�Sl �Q :32q?003Si'•r/YX:'iS= aT!.'`)�2' ;x .: r sf±r CCI \IGI �I_SS �hI III \I IURIIr1:1 LA�ID+SCA�E SrRuG7URES INC ROUTE 3. 601 7TH $T. SOUTH DElANO, MINNESOTA 55328 (612) 972-3391 1A0432SM35 FAX (612) 972-6091 106 17 19 BY MCM CCI \IGI �I_SS �hI III \I IURIIr1:1 LA�ID+SCA�E SrRuG7URES INC ROUTE 3. 601 7TH $T. SOUTH DElANO, MINNESOTA 55328 (612) 972-3391 1A0432SM35 FAX (612) 972-6091 106 17 19 BY MCM CONGRESS SPRINGS PARK SARATOGA, CA PUYBOOSTER COMPONENT SYSTEM 9 -6 -95 RF ROSS RECREATION SMNL N FEET IT 1' SATETY 1101E wn • mnw �m1r � v n mtun at 1ma v K s®. . u loon a u A1� mw os anaAn m+ow c j - -- / / 111111 Qt sMmEr6roT7M I I 1 116247 2r BECK OFF PUN. WDER 31' -9° LAM �SCA� \ 1 IIS7SS 77 W(ROM I I • I L 111767 POLY VmL W/iE° 72 s111um \\ L / I I 48 �. 72 1 4U 111767 32 1 Fmy `Au 111716 ,11106 4r MW tur 16 8 °FNt R0°` ' r - -- r— TRANSFER 1 POW , 1 i MMUM Tau OF / Acmmm PRO!- SURFACM 32' ROSS RECREATION EQUIPMENT CO. IRL 555 5th Street, /210 Santa Rosa, CA 95401 (707)526- 4800/ Fax (707)528.Og12 F------ - - - - -- I I I I I I I I I I I I I I _J L_ I 1 I I I I I 100 1 BELT SW , 1 I I I I I I I I I I 8 L------- - - - -�� girl x �9 tXF! to J l KxII \IG`' 994 by Larxt=" Structures Im M NtO reserved. u►NCSCAVE 10/ 106 17 19 BY MCM CONGRESS SPRINGS PARK SARATOGA, CA PLAYBOOSTER COMPONENT SYSTEM 9 -6 -95 RF ROSS RECREATION SCALE: M FEET 0' 1' 5' 10' SAFETY NOTE WS A OUW.X HWW VXW Or AT {LAST Tit HDGHT Or TIE HP ACQ59B[ wrir/r�ll IEIOW Or TIE AMICE"t C0X1ENT. (REF O'9C ovalm Sm1m 10: affACNP.) STRUG7�R�=I" 31' -9 "" 1994 by Landscape structures Inc. All rights reserved. e e0... S 32' ROSS RECREATION EQUIPMENT CO. INC. . 555 5th Street, 1210 Santa Rosa, CA 95401 (707) 526 -4800 / Fax (707) 526 -0812 — — — — — — — — — 1 I I I I I 100050 I 5' ARCH 1 BELT SWING I I I I I I I I I I I 1!5� — — — iSPIROSUOE L------- - - - --1 NUy� 11WJJUF0 J 77 ic- LLA C�O La tz C) / I ' 111414 SUDEWINDER \ I \ \ 111267 POLY (WALL W EFL 72 717J59 \ — — SNAKE CUMBER 1 48 I 72 I — — — 116247 40 — 24' DECK RIFF. 111267 PERM. LADDER 32 POLY WALL 24 111248 111408 / 1 6 Q PEAK ROOF —i. TRANSFER U MODULE I r— � ` TRANSFER I PP I I \ 1 I 1 I I 1 I 1 1 MINIMUM AREA OF 1 / ACCESSIBLE PROTECTIVE I / \ 1 SURFACING \ I 1994 by Landscape structures Inc. All rights reserved. e e0... S 32' ROSS RECREATION EQUIPMENT CO. INC. . 555 5th Street, 1210 Santa Rosa, CA 95401 (707) 526 -4800 / Fax (707) 526 -0812 — — — — — — — — — 1 I I I I I 100050 I 5' ARCH 1 BELT SWING I I I I I I I I I I I 1!5� � L------- - - - --1 NUy� 11WJJUF0 yW< ic- LLA C�O z U Egli, ic- LLA C�O La tz C) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z % 2 Z AGENDA ITEM MEETING DATE: OCTOBER 18, 1995 CITY MGR.:/ ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: S8(4 SUBJECT: Grant of Right -of -Way to San Jose Water Company for water main installation in Village Parking District No. 2 Recommended Motion(s): Move to approve the Grant of Right -of -Way and authorize its execution by the City Manager. Report Summary: San Jose Water Company is requesting a Right -of -Way in Village Parking District No. 2 for the purposes of installing and maintaining a water main to serve Tract No. 8683, the five townhouse units currently under construction at the -end of Fifth Street. If approved by the City, water service to the development would be provided through a connection to the existing water main on Fourth Street rather than through a new extension on Fifth Street which would need to cross Big Basin Way. Because of'the considerable additional cost to provide water service to the development from Fifth Street, and the desire to not trench across Big Basin Way, staff recommends approval of the Water Company's request. Fiscal Impacts• The Water Company is requesting acquisition of the Right -of -Way for the sum of $1. However, staff has worked out a separate arrangement whereby the developer will reseal and restripe the entire parking lot at his expense. This will allow for at least two additional parking spaces to be created, thus satisfying a request made earlier this year by several of the property owners within the District who, you may recall, contended that the number of spaces originally promised them when the District was set up, were never all provided. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The Grant of Right -of -Way will not be approved. The Water Company will instead proceed to serve the development through an extension along Fifth Street. Follow Up Actions: The Grant will be executed and recorded. Attachments: 1. Grant of Right -of -Way. WHEN RECORDED MAIL TO: San Jose Water Company 1221 South Bascom Avenue San Jose, CA 95128 Attn.: James Bariteau DOCUMENTARY TRANSFER TAX: None /No Monetary Consideration APN: R I G H T- 0 F - W A Y T H I S I N D E N T U R E, made and entered into this day of , 19 , by and between First Party, and SAN JOSE WATER COMPANY, a California corporation, Second Party. WITNESSETH: First Party, for and in consideration of the sum of one (1) dollar, in lawful money of the United States of America, to him in hand paid by Second Party, the receipt whereof is hereby acknowledged, do by these presents, grant to Second Party and to its successors and assigns forever: The right and privilege of excavating for and laying pipelines as and when and as often as the same may be desirable in the opinion of Second Party, together with all fittings, connections and appliances which Second Party may desire to install in connection therewith, for the transmission and distribution of water and also the right of maintaining, using and replacing and /or enlarging the same for such purposes and also the right and privilege of relaying, repairing, removing and /or renewing the same. using pipe, fittings, E5- 240.doc (City of Saratoga) connections and /or appliances either of the same size or sizes as may first be installed or of any other size or sizes and also a right -of -way along the same, upon, in, through, along and across the following described land situate in the County of Santa Clara, State of California, to wit: All that certain real property situate in the City of Saratoga, County of Santa Clara being an easement for the construction, repair, maintenance and replacement of a water line and appurtenances thereto, described as follows: Beginning at the northeasterly comer of Parcel E as said Parcel is shown on that certain Parcel Map filed for record in Book 440 of Maps at pages 41 and 42, Santa Clara County Records, said point being on the southerly line of Fourth Street as shown on said Map; thence along the said southerly line of Fourth Street N47000'00"W 35.27 feet to the TRUE POINT OF BEGINNING; thence leaving said southerly line S43 °00'35 "W 154.80 feet to the northeasterly line of Lot 1 as shown on the Map of Tract No. 8683, filed for record in Book 663 of Maps at pages 6 and 7, Santa Clara County Records; thence along said northeasterly line of said Lot 1 N47 000'00 "W 14.00 feet to the northwesterly comer of said Lot 1; thence along the northwesterly line of said Lot 1 S43 000'35 "W 150.00 feet to the southwesterly comer of said Lot 1, said point being on the northerly line of Fifth Street as shown on said Map; thence along said northerly line of Fifth Street N47000'00"W 12.00 feet; thence leaving said line N43 000'35 "E 145.21 feet; thence N88 000'35 "E 15.56 feet; thence N43 000'35 "E 148.59 feet to the northeasterly line of said Parcel E and the southerly line of said Fourth Street; thence along said line S47 000'00 "E 15.00 feet to the TRUE POINT OF BEGINNING. The foregoing rights and privileges hereinabove granted are made upon the following terms and conditions: First Party shall neither construct nor permit to be constructed any building or any other permanent structure on said right of way. First Party shall neither plant nor permit to be planted trees within said right of way. E5- 240.doc (City of Saratoga) First Party shall neither change nor permit to be changed the grade over said right of way. The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, First Party has executed this Indenture the day and year first above written. E5- 240.doc (City of Saratoga) M By: M By: Q Z CJ) Q (32 ii .FOURTH STREET N47.00.00'W p`L 0 � QV - o.e . 7)0. 67.00 T, I I• /� - -35.27 -• 1 I cD CD I �I m 1 15• WATPP W' EASEMENT I o I 'v O an I z 0 I I z EXISTING IO' STORM DRAIN EASEMENT 0 �Q� N88.00'35 -E 15.56 -I- N47 00'00 -W — — -- / 62.83 N88'00*35 -E 15.56 3• PGI. 44 0 - - - -� �� P •& 42 o0 0 00 o M T NO• W� ��• � �,�,TRAG S 1 W Q og8�6 00 663 0 I �n I I N4410LWN 11.00-' N47.00'00'W 62.83 IF H STREET SCALE : I- � 40' , K! RKEBY ENGINEERING CORP. I 10950 N. Stoney Ave. Cupertino, CA. 95014 (408)252-9690 j PLAT TO ACCOMPANY DESCRIPTION SCCIe: I" = 40' (Date: JUNE 1995 Job No. 93 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. V ��j AGENDA ITE MEETING DATE: OCTOBER 18, 1995 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD SUBJECT: Approval of Program Supplement #12 to the City -State master agreement for Federal -Aid projects Recommended Motion(s): Move to adopt the Resolution approving Program Supplement #12 to the Local Agency -State Master Agreement for Federal -Aid Projects. Report Summary: The attached Resolution, if adopted, will approve Program Supplement #12 to the Master Agreement dated August 17, 1977, between the City and the State covering terms and conditions for receipt of federal funds for local transportation projects. Program Supplement #12 incorporates the storm damage repairs completed earlier this year to Pierce Road between Masson Court' and Vintage Lane into the master agreement. The Program Supplement must be approved before the City can apply for and receive federal funds which are administered by Caltrans, and the approval of the Program Supplement must be memorialized by the City Council by adoption of a resolution. Fiscal Impacts• Since the work performed constitutes emergency repairs and was completed within 180 days from the end of the storm period, the City is eligible for 100% reimbursement of all costs associated with the repair work, approximately $90,000. The approved budget contains a General Fund revenue estimate of $75,000 in Account 9890 (Refunds & Reimbursements) for this item. Advertising, Noticing and Public Contact: Nothing additional. Conseauences of Not Acting on the Recommended Motions: The resolution would not be adopted and the Program Supplement would not be approved. Until it is, the City can neither claim nor receive federal reimbursement for costs incurred. Follow Up Actions: The Program Supplement will be transmitted to Caltrans along with certified copies of the resolution. Upon receipt of the fully executed copy, a claim for reimbursement will be processed with Caltrans. Attachments: 1. Resolution approving Program Supplement #12. 2. Program Supplement #12. 04- SCL -0 -SAR ER- 2851(002) SPECIAL COVENANTS OR REMARKS DATE: 09/21/95 1. The effective date of this agreement is 01/03/95 2. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 4. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. 5. Emergency repair work will be reimbursed at 100% if completed within 180 days from the end of the storm period. The storm period is January 3, 1995 through and including February 10, 1995. Local Agency records must clearly identify those costs incurred on or after January 3, 1995. Incurred costs are defined as disbursements made or in process for goods and services delivered. Emergency repair work completed after August 9, 1995 will be funded at the federal -aid reimbursement ratio of 88.53 %. Restoration work, including preliminary engineering, will be reimbursed at an 88.53% ratio. The Local Agency will be responsible for the matching requirement. 6. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 7. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 Date: September 21, 1995 PROGRAM SUPPLEMENT NO. 012 Location: 04- SCL -0 -SAR to Project Number: ER- 2851(002) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 04- 927839 FOR FEDERAL -AID PROJECTS NO. 04 -5332 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 08/17/77 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: IN THE CITY OF SARATOGA ON PIERCE RD. BETWEEN MASSON COURT & VINTAGE LANE (DAF# Sar -BJ -1) TYPE OF WORK: EMERGENCY REPAIR LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds $ 104375109G $ City of Saratoga By Date Attest Title Matching Funds 104375 $ Local OTHER OTHER 0 $ 0 $ 0 STATE OF CALIFORNIA Department of Transportation By Chief, District Liaison Branch Office of Local Programs Date I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Chapter statutes I Item 303 1995 2660- 101 -890 Year 95-96 Date $ 104375.00 Program 1BC1 Fund Source 20.30.010.650 C 225000 892-F [7 AMOUNT 104375.00 Page 1 of 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING PROGRAM SUPPLEMENT #12 TO LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL AID PROJECTS #04 -5332 WHEREAS, the City of Saratoga and the State of California Department of Transportation have entered into a Local Agency -State Agreement for Federal Aid on August 17, 1977, and WHEREAS, in accordance with Paragraph 2 of Article II of said master agreement, said agreement may be supplemented from time to time, and WHEREAS, the City of Saratoga has completed a project to repair damage to Pierce Road between Masson Court and Vintage Lane caused by the storms of January, 1995, and WHEREAS, Program Supplement #12 to said master agreement will incorporate said project into said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that Program Supplement #12 to Local Agency -State Agreement #04 -5332 is hereby approved subject to all of the terms and conditions thereof, and BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute Program Supplement #12 on behalf of the City. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 18th day of October, 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor Deputy City Clerk •. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z(oZd AGENDA ITEM S MEETING DATE: October 10, 1995 CITY MGR. ORIGINATING DEPT. City Manager's Office SUBJECT: Communications Site Lease Agreement- Pacific Bell Mobile Services for Lease of a Portion of Congress Springs Park for Installation of a Personal Communications Service Antenna Site. Recommended Motion(s): Authorize the City Manager to Negotiate a Lease Agreement Between the City and Pacific Bell Mobile Services Under the General Terms and Conditions as Contained in the Staff Report of October 10, 1995. Report Summary: Background In August. Pacific Bell Mobile Services (PBMS) agent, JM Consulting Group, Inc., contacted City staff to discuss the desire of PBMS to install a new mobile telephone system in Saratoga and surrounding jurisdictions using a technology which PBMS has named Personal Communications Service (PCS) . A fact sheet prepared by JM Consulting entitled, "The Next Generation of Wireless Technology ", provides some information on the nature of the PCS system. PBMS is seeking to locate five cell sites in Saratoga. According to PBMS these sites should be located in the vicinity of the areas circled on the attached map to provide the needed coverage for the mobile network. The sites tentatively identified are: 557 -near Fruitvale and Saratoga /Los Gatos Road, 542 -near the Route 85 /Quito Road overpass, 541 -near Route 85 and Cox Avenue, 554 -near the intersection of Blauer and Saratoga /Sunnyvale Road, and 555 - located in the Village area. JM Consulting has already filed an application for a site in the Village to be placed on top of the liquor store which will meet the need for location 555. The firm has approached the City proposing to lease a portion of Congress Springs Park near the old storage building adjacent to Glenbrae Avenue and the freeway soundwall, just west of the last 30 foot pole installed for the screening which protects the freeway from balls leaving Congress Springs Park. JM Consulting has submitted a proposed lease agreement to the City which is attached. Page 2 - Communications Site Lease Agreement- Pacific Bell Mobile Services Discussion A PCS cell site consists of 2 modular cabinets connected together which measure four feet three inches long by five feet three inches high by two feet five inches deep. They are mounted on a concrete foundation. They do not have to be installed within a building. A typical antenna array consists of six antennae, mounted in pairs, placed 120 degrees apart atop a 30 foot tubular pole similar to a street light standard. The antennae are mounted on a typical 8 foot mast arm which extends off of the mounting pole. Each antenna is five feet high, eight inches wide and four inches deep. See attachments. The PCS system operates at very high frequencies (1710 -1880 MHz, and 1850 -1990 MHz). The transmitter has a maximum input power of 250 Watts. PBMS is proposing to enter into a lease agreement with the City for a five year term with an option to extend the lease for five additional five year terms. JM Consulting has indicated the PBMS is proposing to pay the City $500 a month to lease the site from the City. Congress Springs Park is in the R1- 12,500 Zoning District of the City. Under the provisions of that zone, public utility facilities require securing a Condition Use Permit in order to place a facility in that zoning district. The proposed lease does contain a provision that the lease would expire if required permits are not obtained by PBMS. However, this provision should be worded to make such an expiration automatic rather than upon 30 days written notice by PBMS as the proposed agreement provides. With such a provision the City could negotiate the lease conditional upon PBMS securing of the proper Conditional Use Permit through the normal planning process. This would avoid the chicken /egg problem of first applying for a CUP and then having the City not agree to a lease. Because of this it seems more appropriate for PBMS to file for the CUP with the concurrence of the City, rather than for the City to act as applicant. The City Attorney is reviewing the proposed Lease Agreement and there will no doubt be modifications proposed to the Agreement as it is (in my view) in a form which is more suited to private property and location on top of a building rather than on public property and an open site. At this point the staff is seeking general direction from the City Council as to whether it wishes to entertain such a proposal. In terms of the potential down side regarding use of the park, staff does not believe that the placing of a cell site at the location indicated would interfere in any way with current operation and use of the park nor do we expect that it would interfere in the future. We do feel that a 30 year lease is overly long and that $500 a month for the entire term of the lease is not in the best interest of the City.. Page 3 - Communications Site Lease Agreement- Pacific Bell Mobile Services Fiscal Impacts: Would increase revenue to the general fund in the use of money and property category by at least $6,000 a year. Advertising, Noticing and Public Contact: None at this stage as a public hearing would be required on any application filed by PBMS. Consequences of Not Acting on the Recommended Motions: PBMS would presumably seek another nearby site or abandon its efforts to have the network serve Saratoga. Follow Up Actions: Complete negotiations on the Lease Agreement and return the Agreement to the City Council for approval. _Have PBMS file for a Conditional Use Permit. Attachments: Letter of Interest from JM Consulting Group Proposed Communications Site Lease Agreement The Next Generation of Wireless Technology Typical Antenna and Equipment Specifications Map of Proposed Cell Site Locations in and Adjacent to Saratoga Consulting Croup, Inc. TELECOMMUNICATIONS SERVICES August 8, 1995 Mr. Harry Peacock City Manager City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Re: SF541 -02 G2 & 6th Congress Springs Park Dear Harry, D E C E � V E (1 U AU6 V IM crty u F SARATOGA CITY MANAGER'S OFFICE It was nice to speak to you last week about Pacific Bell Mobile Services (PBMS) proposal to install Personal Communications Service (PCS) antennas at Congress Springs Park and possibly other sites in the City of Saratoga. I'm sorry I missed your meeting today with the Mayor of Saratoga and Gene Zambetti of JM Consulting Group. Although you have probably received our promotional material, I thought I'd send another package for your review along with a draft lease template. In the meantime I will discuss the outcome of your meeting with Gene and look for other potential sites in the City of Saratoga. Perhaps we can meet next week to address any further questions or concerns. If you have any questions you may call me on my direct line at (415) 737 -5361. Sincerely, JM CONSULTING GROUP, INC. Randy S wabacher Site Acquisition Representative RFS /cm cc: SF541 File 844 Dubuque Avenue • South San Francisco, California 94080 • Telephone: (415) 737 -5338 • Fax: (415) 737 -5301 COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ( "Lease ") is dated this day of 1995, by and between PACIFIC BELL MOBILE SERVICES, a California corporation ( "Lessee ") whose address is 4420 Rosewood Drive, Building 2, 4th Floor, Pleasanton, California 94588, and a ( "Lessor ") whose address is The parties hereto agree as follows: 1. Premises. Lessor owns the real property legally described in Exhibit "A" commonly known as (Assessor's Parcel Number ). Subject to the following terms and conditions, Lessor leases to Lessee that portion of Lessor's property depicted in Exhibit "B ", including any applicable easements for access and utilities (the "Premises "). 2. Use. The Premises may be used by Lessee for any lawful activity in connection with the provision of mobile /wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance and operation of communications facilities. Lessor agrees, at no expense to Lessor, to cooperate with Lessee, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Condition Precedent. This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all governmental permits and approvals enabling Lessee, or its assigns, to construct and operate mobile /wireless communications facilities on the Premises. 4. Term. The term of this Lease ( "Term ") shall be five (5) years v commencing with the issuance of a local building permit allowing Lessee to construct its mobile /wireless communications facilities on the Premises, or December 31, 1996, whichever is earlier ( "Commencement Date "). Lessee shall have the right to extend the Term of this Lease for five (5) additional terms ( "Renewal Term ") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Lease shall automatically be extended for each successive five (5) year Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to extend this Lease at least thirty (30) days prior to the expiration of the original Term or Renewal Term. 5. Rent. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of Dollars ($ ) ( "Rent ") per month. Rent shall be payable on the 1st day of each month, in advance, to Lessor's address specified in Paragraph 17, Miscellaneous. COMMUNICATIONS SITE LEASE AGREEMENT Page 1 of 6 SP 7/24/95 If the Commencement Date is other than the first day of a calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences, and thereafter, Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month of this Lease, or if this Lease is terminated before the expiration of any month for which Rent should have been paid. 6. Improvements; Access. (a) Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease and prior to the Commencement Date to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests ") to determine the suitability of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities. During any Tests or pre- construction work, Lessee will have insurance as set forth in Section 12, Insurance, and will notify Lessor of any proposed Tests or pre- construction work and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease will terminate. (b) Lessee has the right to construct, maintain and operate on the Premises radio communications facilities, including but not limited to radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ( "Lessee's Facilities "). In connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the property of Lessee and are not fixtures. Lessee has the right to remove all Lessee's Facilities at its sole expense on or before the expiration or termination of this Lease. (c) Lessor shall provide access to Lessee, Lessee's employees, agents, contractors and subcontractors to the Premises twenty -four (24) hours a day, seven (7) days a week, at no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain, install and operate Lessee's Facilities on the Premises. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow access. Lessor shall be COMMUNICATIONS SITE LEASE AGREEMENT Page 2 of 6 SF 7/24/95 responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Lessee's use of such roadways. If Lessee causes any such damage, it shall promptly repair same. (e) Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back -up power). Subject to Lessor's approval of the location, which approval shall not be unreasonably withheld, Lessee shall have the right to place utilities on (or to bring utilities across) Lessor's properties in order to service the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute easement(s) evidencing this right. (f) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. (g) Upon the expiration, cancellation or termination of this Lease, Lessee shall surrender the Premises to Lessor in good and broom clean condition, less ordinary wear and tear. 7. Interference with Communications. Lessee shall meet and comply with all non - interference rules of the Federal Communications Commission ( "FCC "). Lessor shall not permit the use of any portion of Lessor's property in a way which interferes with the communications operations of Lessee described in Paragraph 2, above. Such interference shall be deemed a material breach by Lessor, and Lessor shall have the responsibility to promptly terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore Lessee shall have the right to bring action to enjoin such interference or to terminate the Lease immediately upon notice to Lessor. 8. Taxes. Lessee shall pay personal property taxes assessed against the Lessee's Facilities and Lessor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises and this Lease. 9. Termination. This Lease may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of termination to Lessor prior to the Commencement Date; (iii) by Lessee if it does not obtain or maintain, licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities; or (iv) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference. COMMUNICATIONS SITE LEASE AGREEMENT Page 3 of 6 SF 7/24/95 10. Destruction of Premises. If the Premises or the Lessee's Facilities are destroyed or damaged so as in Lessee's judgment to hinder the effective use of Lessee's Facilities, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying Lessor no more than 30 days following the date of damage or destruction. In such event, all rights and obligations of the parties which do not survive the termination of this Lease shall cease as of the date of the damage or destruction. 11. Condemnation. If a condemning authority takes all of the Premises, or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for the Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation (which for Lessee shall include, the value of its Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the lease and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority. 12. Insurance. Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. Each party to this Lease shall each maintain standard form property insurance ( "All Risk" coverage) equal to at least 90% of the replacement cost covering their respective property. Each party waives any rights of recovery against the other for injury or loss due to hazards covered by their property insurance and each party shall require such insurance policies to contain a waiver of recovery against the other. Lessee shall name Lessor as an additional insured with respect to the above Commercial General Liability insurance. Lessee shall have the right to self- insure with respect to any of the above insurance. 13. Assignment. Lessee may assign this Lease at any time upon notice to Lessor. 14. Title and Quiet Enjoyment. (a) Lessor warrants that it has full right, power, and authority to execute this Lease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the Term of this Lease or any Renewal Term. (b) Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion COMMUNICATIONS SITE LEASE AGREEMENT Page 4 of 6 SF 7/24/95 of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to Lessor. 15. Repairs. Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, its employees, agents, contractors or subcontractors. 16. Environmental . Lessor represents that the Premises have not been used for the generation, storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near the Premises. Notwithstanding any other provision of this Lease, Lessee relies upon the representations stated herein as a material inducement for entering into this Lease. 17. Miscellaneous. (a) If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. (b) This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (c) Any notice or demand required to be given herein shall be made by certified or registered mail, fax, return receipt requested, or reliable overnight mail to the address of the respective parties set forth below: Lessor: Lessee: Pacific Bell Mobile Services 4420 Rosewood Drive, Building 2, 4th Floor Pleasanton, CA 94588 Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. (d) This Lease shall be governed under the laws of the State of California. (e) The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. COMMUNICATIONS SITE LEASE AGREEMENT Page 5 of 6 SF 7/24/95 (f) Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration of this Lease will so survive. (g) Upon request either party may require that a Memorandum of Lease be recorded in the form of Exhibit "C ". (h) This Lease constitutes the entire Lease and understanding between the parties, and supersedes all offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. ATTEST WITNESS Date: ATTEST WITNESS Date: COMMUNICATIONS SITE LEASE AGREEMENT SF LESSOR By: _ Title: Tax ID #: Date: LESSEE PACIFIC BELL MOBILE SERVICES, a CALIFORNIA CORPORATION By: Title: Date: Page 6 of 6 7/24/95 EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: (e.g., Legal Description from Title Report description) COMMUNICATIONS SITE LEASE AGREEMENT Page 1 of 1 SF 7/24/95 Exhibit "A" EXHIBIT B DESCRIPTION OF PREMISES The location of the Premises within the Lessor's property together with access, ingress, egress, easements and utilities are more particularly described or depicted as follows: A final drawing or copy of a property survey depicting the above will replace this Exhibit "B" when initialed by Lessor. Notes 1. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee. 2. Setback of the Premises from the Lessor's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. COMMUNICATIONS SITE LEASE AGREEMENT Page i of 1 SF 7/24/95 Exhibit "B" EXHIBIT C RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO: Pacific Bell Mobile Services 4420 Rosewood Dr., Bldg. 2, 4th Floor Pleasanton, California 94588 Attention: MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ( "Memorandum ") is executed as of 199_, by and between ( "Lessor "), and PACIFIC BELL MOBILE SERVICES, a California corporation ( "Lessee "). RECITALS WHEREAS, Lessor and Lessee have executed that certain Communications Site Lease Agreement ( "Lease ") dated as of 199_, covering certain premises and related improvements ( "Premises ") in certain buildings situated on certain real property located in the City of , County of . State of California, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official Records of County, California; NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows: 1. Demise. Lessor has leased the Premises to Lessee and Lessee has hired the Premises from Lessor, subject to the terms, covenants and conditions contained in the Lease. 2. Expiration Date. The term of the Lease ( "Term ") is scheduled to commence on or about , 199_ and shall expire (_) years thereafter, subject to Lessee's option to extend the Term pursuant to Section 4 of the Lease for . additional terms of years each. 3. Lease Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Lease. In the event of conflict between the terms of the Lease and this Memorandum, the terms of the Lease shall control. [SIGNATURE PAGE FOLLOWS] COMMUNICATIONS SITE LEASE AGREEMENT Page 1 of 2 SF 7/24/95 Exhibit "C" IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease as of the date and year first written above. ATTEST WITNESS LESSOR Date: ATTEST WITNESS Date: STATE OF CALIFORNIA COUNTY OF Name: Title: LESSEE PACIFIC BELL MOBILE SERVICES By: Title: A CALIFORNIA CORPORATION On before me, . personally appeared _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the per-son(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: STATE OF CALIFORNIA ) COUNTY OF ) On before me, . personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: COMMUNICATIONS SITE LEASE AGREEMENT Page 2 of 2 SF 7/24/95 Exhibit "C The Next Generation of Wireless Technology, Consulting Group, Inc. TELECOMMUNICATIONS SERVICES PACIFICWA WAMBELL. Mobile services fact sheet PCS Service Will Extend the Reach of the Average Consumer Personal Communications Services (PCS) is a family of new services that will change telecommunications in two ways. First, it will permit calls to be routed to people instead of places. Calls will follow the user through 'follow -me calling' or through the use of a new PCS personal phone number. Second, PCS will enhance the control people have over their telecommunications services by allowing them to determine when and where they can make and receive calls. "Market trials and research studies point to a broad appeal for PCS," said Terry Valeski, Vice President of Marketing and Business Development for Pacific Bell Mobile Services. "And the reality is that for the first time in history, cordless and cellular phone sales are exceeding sales of wired telephones." Pacific Bell Mobile Services will offer the ability to tie traditional wireline services together with PCS mobile voice and data services. 'We realize that a large percentage of people value a wireless service that enhances their wired telephones instead of a stand -alone wireless service,' Valeski said. Imagine people in homes and businesses being free to make or receive calls without being restricted by their telephone cords. Conversely, for cellular users today, imagine being able to bring calls inside buildings and having your outside wireless service work with your home and business phone systems. We will also offer PCS services for those consumers who want to keep their wireless calls completely separate from their wired services. A flexible, full- range, family of services is our vision of PCS.' Pacific Bell Mobile Services believes the growth of PCS will be different than that of cellular services, which have traditionally been aimed at business users. While business customers are an integral part of their planned customer base, the company is focusing on developing applications and services for the largely untapped mass market. "We envision a PCS world in which the average consumer will be able to have one voice mail system working across their wireline and wireless services. If they are Internet users, they could also expect to retrieve their voice messages by e-mail. We want to be as simple yet as sophisticated as our range of users will be,' Valeski said. Pacific Bell Mobile Services expects PCS to cost consumers less than cellular service. New features such as text message service, integrated billing with Pacific Bell, new coverage options, and the ability to work with wireline services are expected to appeal to the mass market. A variety of options are being examined to make it more convenient for consumers to acquire PCS phones and activate the service. PCS is based on the newest form of digital wireless technology which improves upon the sound quality of cellular. Complex encryption techniques virtually eliminate the ability to eavesdrop on PCS calls and minimize the risk of unauthorized users placing fraudulent calls on a PCS phone, one of the biggest problems facing the cellular industry today Pacific Bell Mobile Services plans to offer PCS service widely throughout California by early 1997. U= UR" PACIFIC13BELL. Mobile s•r icts fact sheet Economic Benefits of PCS 1. Wireless services will be more affordable for more people • Todav's high prices for cellular service are due primarily to a lack of competition. • "Cellular service in California is not currently competitive and market forces are not yet adequate, to protect California customers from paying unjust and unreasonable rates for such service," according to the California Public Utilities Commission. • With competition, wireless prices will fall making the service affordable to more people. An FCC study estimates that adding an additional wireless firm will lead to a 25% reduction in prices. 2. Development of PCS will create new jobs • Estimated 300,000 jobs could be added to U.S. economy in next ten to 15 years through the contributions of PCS, according to President Clinton. • Initial granting of bandwidth for PCS by the Federal Communications' Commission led to a $11 billion investment in PCS systems whose impacts included $3 billion in exports and 100,000 jobs in 1992, the president said. 3. Wireless Communications Improves Productivity, Service: • 83 % of users studied said quality of business relationships improved • 80% said they had improved service to existing customers • 77% said sales and field people generate more revenue • 72% said sales and field people make more contacts per day. (Sources: Wireless for the Corporate User, 11- 12193, V. 2, No. 4; Mobile Phone News, 1111193) PACIFIC , , BELL, Mobile Ssrvicss fact sheet ase Studies of Wireless Applications: • Bank ofAmerica Realized a 20% increase in productivity among its 400 - member automated teller machine repair staff by equipping them with wireless links for hand -held computers. (Source: Network World, 818194) • AT &T AT &T says mobile offices have increased by 15% to 29% the time its sales people spend with customers. (Source: Wall St. Journal,. 6117194) • American Express Using virtual offices helped American Express increase sales calls 40 %' set ua 20.000 new establishments improve customer slelecommut in isfaction ratings by 28% improve employee satisfaction by 25% (Sourceg Re view, 10194) • United Services Automobile Association USAA in San Antonio Texas has increased the productivity of executives and technicians at its headquarters by issuing them PCS phones for use on and off their campus The purpose is to make them reachable for important decisions or questions when they aren't near their office phone. (Source: National Underwriter, 414194) • United Parcel Service UPS dramatically increased customer satisfaction by using a custom designed cellular data service to keep track of every package traveling aboard its 56,000 trucks each day. UPS now knows the precise location of every package. (Source: Radio Communications Report, 1013194) • AVIS Avis doubled the base of customers they were able to serve without increasing personnel at rental counters With wireless data, preferred service customers aboard buses heading for Avis parking lots are able to complete their rental transaction before they arrive. Their reservation is verified, the car selection confirmed, billing information validated, the credit card charge approved and the rental contract signed. Customers receive a parking space number and a vehicle description. Then the bus drops them off in order of parking space. (Source: Wireless for the Corporate User, V. 2, No. 2., 1993) • Pitney-Bowes Pitney -Bowes in Stamford, Conn. justified their investment in a wireless data system with a payoff of their investment in 2.4 years. They were able to reduce di_ isnatching office space and staff by 60% cutting 18 call centers to six Field service reps gained 8% in productivity because they no longer had to search for pay phones. (Source: Computerworld, 217194) • Physician Sales & Service Inc Half of sales force was equipped with laptop computers and modems for wired and wireless communication, and the Jacksonville, Fla., company plans to provide them to all field sales reps. Wireless communication saved each rep about one half hour per day. Also helps ensure rapid delivery of supplies to doctors and cynics by enabling rep to check inventories and customer accounts while at customer's site (Source: Investor's Business Daily, 11116194) • Travelers Group (insurance) Company's 236 auto insurance claims adjusters use analog cellular network to process claims. This lets them track down auto parts in salvage yards produce detailed damage estimates update their schedules without traveling to the office Have used this for two years. By using existing laptop computers and cellular phones, the cost of adding wireless data capacity was only $500 per user. (Source: Investor's Business Daily, 11116194) 0 PACIFICr�BELL, Mobile Services fact sheet PACIFIC BELL MOBILE SERVICES Pacific Bell Mobile Services (PBMS) is new subsidiary of Pacific Bell. Established in July 1994, PBMS plans to offer customers more choices in high quality, reliable and affordable telecommunications products and services by focusing on the emerging new wireless communications systems called Personal Communications Services (PCS). PCS is a rapidly evolving digital technology that is expected to change the future of telecommunications through easy -to -use, lightweight and highly mobile communications devices - including portable phones, pagers, computers and personal digital assistants. In the future, PCS will provide voice and data capabilities for customers' communications needs anywhere and at any time. Unlike most cellular systems, PCS is based on digital technology and thus offers better voice quality and the capacity for multiple communications services. Many experts believe that PCS will be more affordable to a wider range of consumers than today's cellular options. PCS will be more secure than today's cellular communications devices, and offer better protection from fraud, as well as more privacy. PCS phones will fit in pockets and handbags, and offer such features as voice mail, call - screening, call - waiting call- referral, short messages and paging, among others. You will be able to have a phone conversation whether you are in the garden, at a soccer match or in a shopping mall. It also will let users call for emergency assistance without looking for a pay phone. "Pacific Bell Mobile Services' goal is to be California's premier wireless communications services provider," says Lyn Daniels, PBMS president and chief executive officer. We are uniquely positioned to achieve this goal because we are the only regional telephone company eligible to bid for the higher capacity PCS licenses in its service area that were auctioned by the Federal Communications Commission (FCC). This will enable PBMS to apply immediately the customer knowledge and technical expertise our company has acquired through years of offering communications services to Californians as well as through intensive PCS research efforts over the past three years — and to build and bring to market a superior PCS wireless communications network throughout California." Pacific Bell Mobile Services plans to offer PCS services widely throughout California by early 1997. 0 BASIC WIRELESS COMMUNICATION SYSTEM .r_ Typical An'.tenna.., and Equipment Specifications Consulting Group, Inc. TELECOMMUNICATIONS SERVICES BTS (Base Transceiver Station) The BTS is a self - contained, all weather cabinet designed to house all of the radio equipment, back up batteries and monitoring devices created for the specific site. Size and W sight of BTS and Ba& Unit The unit is 51.25" wide by 28.75" deep by 47" tall. The base unit is 51.25" wide by 28.75" deep by 16" tall . The cabinet and the base unit together weigh approximately 1,500 pounds when fully configured. An additional sub -base may also function as a weight distribution load assembly. Clearances The cabinet needs to stand alone with space required on all sides. Access space is required directly in the front to facilitate opening the door to a 90 degree position. Installation hookups and Power Requirements All hookups enter at the base of the unit. The power needed at the cabinet can be three phase or single phase (208V or 240V respectively) and will be protected by a 20 or 30 Amp circuit breaker. Antennas Heights Antenna heights are determined by Pacific Bell Mobile Services' Radio Frequency Manager. Number Size TVDe and Mounting The sites will consist of three (3) sectors of up to three (3) antennas each. Each antenna typically is 6 " -8" wide by 60" tall by 4 deep and weighs approximately 10 pounds. These dimensions do not include mounting hardware. Low Noise Amplifier Each antenna will be installed with a low noise amplifier. It is approximately 12" x 9" x 5" in size and will mount within 8' of the antennas. Configuration Layout Typically, antenna sectors will be facing in three different directions: 0 degrees, 120 degrees, and 240 degrees of True North. Coaxial Cable Number of Runs There will be two (2) coaxial cables per antenna. In a three sector site there could be up to a total of eighteen (18) runs.. Dilllensions The cable sizes that will be used are either 7/8" or 1 -5/8 ". 2 Technical data The RHS 2102 consists of two main pleces; a cabinet and a mounting base. They are both assembled In factory and delivered to site. The mounting base is intended to be delivered to site and installed during preparation of the site. It eontalas terminals for the power connection, mains switch, overvoltago protectors, space for a transport module and For the antenna cables. 2.1 Physical dimensions Cabinet Volume, Re: 49S Weight, lbs: empty 375 batteries 176 climate unit other 220 _ equipment 287 1058 fully equipped Mounting base Volume, Re.: 13.1 Weight, lbs: 220 51.18" .ice- y 51 Mai ..................... » ......; im ISO Mounting base 51.18" Outside measurements of cabinet and mounting base- 51 1/9 Cfl'S COMMUNICA110N5 L30X $ IM BTS. DWG 4r 16" BTS (Base Transceiver Station) DECIBEL PRODUCTS IftALLORMER DB98OH90.- { 4(' 17710 -ISM L*tz -M 1800 -1000 MHZ Q00 , 15.5 ded DIRECTIONAL ANTENNA frlod•t Number Terminatlort 089001 t90N•ta / .M N- Fema)• I Oe9eOHOOE4.0LI4,1 7.19 Female Frequency Rang* •tQ: 1710 -1 am MHz -M: 1830.1990 MHZ Gain > 13.3 d8d. 17.9 d81 Null Fill First lower ntA is ' > -1 ad8 down from max. VSWR < 1.3:1 8.amwldth (3 d8 from maa4 Horizontal 90 a 3.0' Vertical S.S a 0.S' Front to Back Ratio > 23 d8 Polarization Vertical Max- Input Power 230 Watt Application PCN, PCS. E-NETZ Otter Information Qowntitt brackets avuUbie: DBWal Wight 10 LBS. Wind Area 3.3 M (.31 " Wind Load 131 Ibf (5a2 M 39.4 kp (at 200 krn/h) Max. Wind Speed 140 mph (220 kmlh)O Material Reflector Screen: PassMW Akmlrlum Radlatorw Paaaitled Ahrrnintam Radome: ASS Moundng Hardware: Gahwized Steel Color Normal Gray Mounting Moundng daunps to be ordered separabe Weather Protection Fully protected by metal and A8S Ughtning Protection AS metal parts grounded Packing Slze 72' x 12'x e' Shipping Weight 13.2 1b3 (a kg) Radiation Pattern's (Relative Fleid Strength) W W Horizontal Vertical �u 5& CONNECTOR P 15.5 dBd (17.6 dBi) Gain - Directional Antenna with 900 horizontal 3 dB beam - width for -KU, 1710 -1880 MHz and -M: 1850 -1990 MHz. Typical monopole antenna & mounts shown in parking area. Typical roof mounted antennas & equipment with screening. Typical roof mounted antennas painted to match color scheme. S/b'd mm WAVIM t J .— n -7,Aro 70P ,r sot a MAIM AW4 I �r S/b'd mm WAVIM t J .— n -7,Aro 70P ,r sot a MAIM AW4 I R �) mm A�-M YM MAOE Y 17-3/0 T ,,45 3r ZW aMOWING Mna ff ,SR -1 Q I law C" B-o• (*m JUA M JSR -11.25 — 1HSX6 . ,T :i M O&YO AND WASMM AS1Y 11rw OOk0 MM O,Ar ODaT 11ATI" MOO= "n't (2.) AM O-I30 rME 2 GNAT COMM (. • 20 DAVD-7.000 M (S) Fina yA14!<Af:1 m TO AM O 1080-B. (4.) oMaM (4 » GFZD4 (IP3) WAM (a) ALL pQ0W sty RK.vA1a80 PIM AS1, AM co a� .) 'GIC PF A1i11 A-121 r wl w� A� s a HMO ms AM a aeouMo+mc . ,L A:TM A-8i POLL SECTION PDT TO 9CJ1E jM iDLBD -BASE PLATE -ROUND 11A DIA I1LTYAA _ MAIM AW4 30• K R �) YM 17-3/0 =100 x SM ,,45 3r ZW 2021-1 ,M-10 St-r 30' 25 11A j � cusr iN. �` n. � L C ( � �. �a„ % • ii + @ll.lu`pt RR wuwR rn. a..o wraa A 1_ � � �. � . d .. L. 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V mt,,f •r °-' r � � JET 1� °°"""' a `� t y $a d y a� Mr f T I� PAI d f T I� 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: REPORT Ann Marie Burger 11/30/95 Paul E. Jacobs Gillian Moran TO: City Council Karen 7ucker Donald L Wolfe FROM: City Codes Administrator, Joseph Oncay SUBJECT: Status of Construction Activity in San Tomas Aquino Creek at 15470 Quito Rd. Background: At the regular Council meeting on October 15, 1995, staff presented a synopsis of construction activity at 15470 Quito Road. The construction activity consists of repairing and extending a retaining wall in San Tomas Aquino Creek. A copy of that report has been attached for your review. During oral communication at the November 15, 1995 regular Council meeting, Mr. Hammock, 15440 Quito Rd., addressed the Council regarding the lack of construction activity at the site. Council instructed staff to prepare a status report of the project for Council review at the December 6, 1995 Council meeting. Report Summary: The permit issued by the Department of Fish and Game limits all work in or near the creek to the period of April 15 to October 15. The owners, Mr. & Mrs. Foster, were not able to obtain the necessary approvals from the Army Corp. of Engineers prior to October 15, 1995. Therefore, no work may commence in or near the creek until April 15, 1996. Staff spoke with the representative of Fish and Game, Mr. Combes, regarding the project. Mr. Combes confirmed the fact that no work may proceed until next year. He does not believe that there is an imminent hazard. He has instructed the Foster's to "winterize" the bank until such time that the work may proceed. "Winterizing" consists of placing plastic sheets over the affected bank and securing it with sand bags. Mr. Combes indicated that "winterizing" on a daily basis during construction after October 15, 1995 was not an option at this time. At the time of this report, "winterizing" has not been completed. However, at the City's request, Mr. Combes has advised the Foster's to complete the required "winterizing" within 5 days or the Department of Fish and Game will issue a citation for the violation. Staff have been in contact with the project engineer for the Printed on recycled paper. ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • User name: JOE (19) Queue: SARATOGA /PLANSTAFF • File name: A Server SARATOGA • Directory: • Description: LPT1 Catch * December 1, 95 2:47pm * * * J 000 EEEEE * J 0 0 E * J 0 0 E * J 0 0 EEEE * J 0 0 E * J J 0 0 E * JJJ 000 EEEEE * * ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * L PPPP TTTTT * L P P T * L P P T .. * L PPPP T * L P T * L P T .. * LLLLL P T .. ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Santa Clara Valley Water District (SCVWD), Richard Anderson. He does not believe that an imminent hazard exists on the site. He has made specific recommendations for the construction of the retaining wall. However, SCVWD does not have an easement on the Foster property and has no authority to mandate implementation of those recommendations. Nevertheless, the Foster's have agreed to construct the new wall in accordance with those recommendations as soon as work is authorized to commence. Once plans and specification have been prepared by the Fosters and approved by SCVWD the City will issue a permit for the proposed work. The City has the possible option of declaring the existing condition a nuisance and conducting an "Emergency Abatement" in accordance with the City Code. However, this approach will most likely require the City to comply with the regulation established by the SCVWD, Army Corp. of Engineers and the Department of Fish and Game. At this time, it is unclear if this approach is a viable option. Staff is working with the aforementioned agencies and the City Attorney to explore the possibility of exempting the City from regulatory statues. The City continues to move forward with an equitable solution to this situation. The City is in continual contact with the Foster's. Recently, staff received a letter from the Foster's describing their difficulties in settling the insurance claim against the adjacent property owner. The tree which fell into the creek, diverted the waters, and damaged the Foster property was located on Mr. Mar's property across the creek. A copy of the letter has been enclosed for your review. Staff will continue to work within the context of the City's authority to insure the safety of all affected properties and address Mr. Hammock's concerns. attachments: 1) Synopsis of Construction Activity dated Oct. 18, 1995 2) Copy of Foster letter dated November 28, 1995 c: \wpdocs \fosterl.rpt SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: October 18, 1995 AGENDA ITEM CITY MGR. ORIGINATING DEPART.: Community Developmen SUBJECT: Synopsis of Construction Activity at 15470 Quito Rd. Recommended Motion(s): Direct staff to continue working with Mr. Hammack regarding his concerns with the construction of the new retaining wall in San Thomas Aquino Creek. Report Summary: At the City Council meeting on September 26, 1995, Mr. Hammack addressed the Council regarding his concerns relating to the City's approval for the repair of an existing retaining wall in San Thomas Aquino Creek located at 15470 Quito Rd. The City Council advised Mr. Hammack that the issue would be placed on the agenda at the next Council meeting and instructed staff to prepare a synopsis of the matter. On July 26, 1995, the property owner of 15470 Quito Rd., Mr. Foster, applied for a building permit to repair 36' of an existing wood retaining wall in San Thomas Aquino Creek. The plans were reviewed by the Planning Department, Plan Check Engineer and Building Inspector. The plans consisted of a parcel map indicating the location of the wall and structural details with associated calculations. It was not clear from the parcel map that the proposed work was located in the creek. However, the structural detail indicated the creek water line. The planner on-iiuty and the building inspector did not realize the significance of conducting work within a creek and did not require the necessary approvals from outside agencies. Since that time, I have reiterated the proper procedure for processing such application and will prepare a standard operating procedure for future reference. On September 6, 1995 work commenced and the Codes Administration Division received a telephone call from Mr. Hammack expressing his concerns about the project. The complaint was routed to me and I realized that approvals from outside agencies had not been obtained. I instructed staff to visit the site and issue a stop work order. Staff proceeded to the site, contacted Mr. Foster and a stop work order was issued. The proposed project requires approval from four outside agencies; 1) Santa Clara Valley Water District (SCVWD) , 2) Department of Fish and Game, 3) Army Corp. of. Engineers and 4) San Francisco Bay The approval process for this application may not incorporate concerns of the neighboring properties. Follow Up Actions: None. Attachments: None. c: \wpdocs \reporti.doc huwland and Carol Foster 15470 Quito Road Saratoga, CA 95070 (408) 395 -8552 Mr. Richard E. Mar State Farm Insurance Claim Office 2045 Hamilton Avenue Suite 150 San Jose, CA 95125 November 28, 1995 RE: State Farm Claim No.: State Farm Insured: Date of Loss: Dear Richard: Via Telefax: (408) 879 -3335 05- A304-703 Robert Paul & Shawna Garzee 01/08/95 We are in receipt of your letter of November 1, 1995, regarding settlement of the claim for our retaining wall. We called you on November 13th, after returning from a 3 week business trip, and explained that the numbers you used to calculate your settlement were based on our quotation of August 8, 1995, from .Schooler Construction Co., Inc. These numbers were derived before the meeting on October 11, 1995, with Richard Anderson of the Santa Clara Valley Water District ( SCVWD) - which you also attended, and the intervention of Mr. Calvin Hammack, who has claimed before the City Council of Saratoga, that he represents your very busy client in this matter. During the meeting with Mr. Anderson, additional requirements were made by the SCVWD in order for them to issue us a permit. Based upon Mr. Hammack's concerns, the City of Saratoga is also requiring additional "beautification° stipulations, which again will be reflected in the overall cost. All of these issues have resulted in delays and we are now stuck in two dilemmas. The first dilemma is that the time has expired for us to do work on the wall based on the permit from the Fish and Game Department. Rather than finishing the wall, we must now "Winterize" the area and wait until after the rainfall period to commence repair work. This requires visquine and sand bags and labor - again, additional charges. Everyone expects that there will be additional erosion and creekside damage which will have to be dealt with and repaired. The second dilemma is that neither the City of Saratoga, nor the Regional Water Quality Control Board will issue us permits until the SCVWD issues us a permit. We cannot get the SCVWD permit without additional engineering. Although our insurance company, Farmers Insurance, has recently paid us $5,135.00, ($6,135.00 based on the original claim, less our $1,000.00 deductible). All of this has been used to satisfy our obligations for the additional engineering, consulting and excavation work done to date. You have stated on many occasions that your company intends to pay this claim, yet to date, no moneys, other than the original bill from Melvin Hill for the first engineering drawings, have been paid. We have no money to pay for the additional engineering required, so we are in a "Catch 22" situation. Howland I. and G A L. Foster November 28, 1995 State Farm Insurance Claim Office Page 2 As we have explained to you many times, Richard, it is not our desire to drive the cost of the project up; in fact, our original proposal was for approximately $8,000. It is due to negligence that the additional property damage was incurred. We do not feel that we should have to assume the burden of the labor and the costs to rectify the situation to meet the requirements of all of the agencies and concerned citizens involved. Besides the actual costs of this project, we have spent well over 40 hours of our own time, trying to get the necessary permits, etc. Nowhere in your proposal are we being compensated for this time. Our most recent quotation from Schooler Construction which was prior to the October 11 meeting is $37,920.00, not including permits, approvals, inspection fees, engineering costs, drafting and design costs, consulting costs, and required landscaping and beautification. Consultation, engineering and drafting fees through October 10 are $3,911-25. To be honest, Richard, as the requirements keep changing weekly, the idea of a fixed settlement does not seem appropriate. We cannot obtain any further permits until the required additional engineering is completed and approved. When all respective agencies have given us the necessary permits, we can then go to our contractor for a final bid. In the meantime, the "Winterizing" must be bid, approved and accomplished by a licensed contractor since I, Howie Foster, am under the care of a licensed Dr. for a shoulder injury. When and where do the costs and the requirements of our time stop? Please do not waste any more of your time or ours submitting blanket offers and release forms for our approval. We require a letter from State Farm within ten days agreeing to pay all invoices for the repair of damages as they are submitted. In addition, we require a written stipulation from State Farm to extend the time past the one year statute of limitations on negligence actions on behalf of Mr. & Mrs. Robert Garzee and State Farm. If both of these items are not received within 10 days from the date of this letter, we will be contacting your supervisor with the same request. If within five days of that request we do not receive these letters, we will be forced to seek appropriate legal remedy. Sincerely, Z-Cizi� Howland I. and Carol . Foster cc: City of Saratoga, Building Department Attn: Jim Sutherland Mr. & Mrs. R.P. Garzee Via Telefax: (408) 354 -3577 Thomas J. Ferrito, Attorney at Law