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HomeMy WebLinkAbout04-05-2000 City Council Agenda Packet./ - AGENDA SARATOGA CTTY COUNCTL APRIL 5, 2000 OPEN SESSION,- 5:00 P.M. in the Administrative Conference Room - 13777 Fruitvale Avenue COMMISSION INTER~IEW5 ADJOURN TO CLOSED SESSION - 6:30 P.M. Saratoga vs. Hinz ~ Existing Litigation - Gov't. Code 54956.9(0) Santo Clara Superior .CGuFt No. CV784560. MAYOR'S REPORT ON CLOSED SESSION REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE. -- PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on Manch 31, 2000) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ', \ Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to 3 minutes on matters not on this agenda. Communications from Boards and Commissions - None Written Communications - None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on Current Oral Communications CEREMONY. AL I~TEMS 1. Proclamation Honoring Sylvia McLaughlin - One of the Founders of Save The Bay. 2. Proclamation Declaring April 6, 2000 National Tartan Day. CONSENT CALENDAR 3A. Financial Reports for the 8-Months Ending February 2000 and FycjcJ/00 Budget Adjustments. Recommended Action: Accept financial reports and adopt resolution. 3B. 3C. Agreement Between the city of Saratoga & Saratoga-Los Gatos ~Toint Union High School District. Recommended Action: Approve and authorize Interim City Manager to sign agreement. Approval of Check Register. Recommended Action: Note and File. 3D. 3E. Award of Construction Contract for the Vessing Road District Project. Recommended Action: That Council award the contract to Duran & Venables, Inc. in the amount of $t20,56! and authorize staff to execute change orders up to $30,000. Award of Construction Contract for the Kevin Moran/Gordiner Park Playground Improvements. Recommended Action: That Council award the contract to Playgrounds Unlimited in the amount of $268,786.93 and authorize staff to execute change orders up to $20,000. 2 3F. 3G. 3H. 3][. Approval of Minutes - Regular Meeting of March 15, 2000. Recommended Action: Approval Approval of Minutes - Adjourned Meeting of March 21, 2000. Recommended Action: Approval Resolution Approving Amendment to Franchise Transfer Agreement with TCT of Cleveland, Inc. and TCI Cablevision of California, Inc., dba AT&T Cable Services and Authorize the City Manager to Execute the Amendment. Recommended Action: Adopt Resolution. Planning Commission Action Minutes - March 22, 2000. Recommended Action: Note and File. 3,T. Authorize the Filing of an Application for Funds Through the Valley Transportation Plan 2020 for the Cox Avenue Railroad CroSsing Upgrade Project. Recommended Action: Endorse the project concept for submittal to the Valley Transportation Authority for inclusion in the VTP 2020 planning document. PUBI_TC HEARINGS Public Hearings will start promptly at 7:30 p.m. when the Council will move from whatever item it is considering at that time to public hearings. 4 Vessing Road District Initiation of Condemnation Proceedings. Recommended Action: Adopt resolution. Appeal of Planning Commission becision for Approval of Woodsiding vs. Stucco Siding for Property Located at 14261 Springer Ave. (Qian) Recommended Action: Deny the Appeal and Uphold Planning Commission's decision. Amendment to Appeal Procedures Ordinance. Recommended Action: Adopt ordinance. Community Development Block Grant - Allocations for 2000/2001. Recommended Action: That Council make allocations for approximately $:~66,478 for FY2000/0z CDBG and Human Services funds. OLD BUSTNESS 8. Short Term Repairs for Community Center & Senior Center. Recommended Action: Direct staff to move forward with facility improvements. NEW BUSINE55 10. 13. Economic Development Tnitiatives and Discussion of Redevelopment Formation Process for the City's Commercial Districts. Recommended Action: Accept report and direct staff accordingly, General Fund Operating Reserve Policy. Recommended Action: Adopt policy. Authorizing Mayor to Transmit a Letter to Gov. Davis Requesting Fiscal Relief in 5tare Budget ?O00/OZ. (Requested by Councilmember Baker) Recommended Action: Authorize Mayor to transmit letter. Discussion of 5ante Clara County Fire Training Facility. (Requested by Councilmember Baker) Recommended Action: Ixlone Approving Reconvening of Library Expansion Committee. Recommended Action: Approval 4 CITY COUNCIL ITEMS Agenda Items for the next Adjourned Meeting - April 2§, 2000 The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the next adjourned regular meeting. Other CITY MANAGER'S REPORT AD,TOURNMENT In compliance with the Americans with bisabilities Act (ABA), if you need special assistance to participate Jn this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.~02-35.~04 AbA Title IT) ,SCHEDULED CITY COUNCIL MEET']:NG5 April 19, 2000 April 25, 2000 City Council Meeting- Council Chambers Adjourned City Council Meeting - Adult Care Center- Z96§§ Allendale 7:00 p.m. 7:00 p.m. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM / CITY .' ' PREPARED BY: City Clerk SUBJECT: CEREMONIAL ITEM: PROCLAMATION FOR SYLVIA MCLAUGHLIN (One of the Founders of Save The Bay) RECOMMENDED MOTION(S): Approve the subject proclamation. REPORT SUMMARY: Attached is the proclamation recognizing Sylvia McLaughlin for her work with Save The Bay. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: None CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Proclamation will not be approved. FOLLOW UP ACTIONS: Mail proclamation to Dir. of Development, Save The Bay. ATTACHMENTS: Proclamation P OCLA A HONORING SYLVIA McLAUGHLIN WHEREAS, in 1961 Sylvia McLaughlin was one of three founders of The Save San Fra. ncisco Bay Association, now called Save The Bay, which has worked for nearly four decades to protect and restore the Bay and Delta and to improve public access to its shoreline; and WHEREAS, the San Francisco Bay is one of the natural wonders of the world, where saltwater meets freshwater from the Sacramento and San Joaquin Rivers to form the larges estuarine system on the West Coast of North America; and WHEREAS, the Bay-Delta defines our region and contributes greatly to the San Francisco Bay Area's high quality of life, providing economic benefits as well as drinking water for more than two-thirds of California's population and irrigation for hundreds of crops; and WHEREAS, Sylvia's work led to creation of the Bay Conservation and Development Commission in 1965 and the adoption of the Bay Plan in 1969 - inspiring several generations of grassroots conversationalists; and WHEREAS, Sylvia McLaughlin has received international recognition for her efforts to protect and restore the San Francisco Bay-Delta and its shoreline - a rich web of natural life where hundreds of species of fish, birds, and other animals make their homes; and WHEREAS, Save The Bay has worked effectively for four decades to preserve this vital aspect of California's environmental and economic life and is rededicating itself to a Century of Renewal as the year 2000 begins; and WHEREAS, Sylvia is retiring after 38 years of service to Save The Bay and its Board of Directors; and WHEREAS, the City of Saratoga is committed to keeping the Bay alive, healthy, and beautiful; NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Saratoga salutes Sylvia's unparalleled contributions to environmental protection, thanks her for her tireless efforts on behalf of the Bay, and its residents, and wishes her well in all of her future endeavors. April 5, 2000 Stan Bogosian, Mayor City of Saratoga SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM ~ cITY MANAGER~ PREPARED BY: City Clerk SUBJECT: CEREMONIAL ITEM: PROCLAIMING APRIL 6TM TARTAN DAY RECOMMENDED MOTION(S): Approve subject proclamation. REPORT SUMMARY: None FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: None CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A FOLLOW UP ACTIONS: N/A ATTACHMENTS: Information on Tartan Day history. PROCLAMATION TARTAN DAY APRIL 6, 2000 WHEREAS, the United States Senate, in 1998, has by resolution designated April 6th as National Tartan Day; and WHEREAS, the County of Santa Clara has also recognized April 6th as Tartan Day; and WHEREAS, April 6th has a special significance for all Americans and especially those of Scottish descent because the Declaration of Arbroath, the Scottish Declaration of Independence was signed on April 6, 1320, and the American Declaration of Independence was modeled on that inspirational document; and WHEREAS, the observance of Tartan Day commemorates all that is best in Scottish history and culture, as well as the great contributions that the Scots and Scottish- Americans have made, and continue to make, to the development of the Unites States of America; and WHEREAS, THE City of Saratoga encourages its citizens to celebrate the achievements of their cultural heritage; NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City Of Saratoga declare April 6, 2000, as Tartan Day. Stan Bogosian, Mayor Tartan Day-April 6 National Tartan Day Senate Resolution 155, March 20, 1998 Whereas April 6 has a special significance for all Americans, and especially those Americans of Scottish descent, because the Declaration of Arbroath, the Scottish Declaration of Indepen- dence, was signed on April 6, 1320, and the American Declaration of Independence was modeled on that inspirational document; Whereas this resolution honors the major role tl~t Scottish Americans played in the founding of this Nation, such as the fact that almost half of the signers of the Declaration of Independence were of Scottish descent, the Governors in 9 of the original 13 States were of Scottish ancestry, Scottish Americans successfully helped shape this country in its formative years and guide this Nation through its most troubled times; this resolution recognizes the monumen- tal achievements and invaluable contributions made by Scottish Americans that have led to America's preeminence in the fields of science, technology, medicine, government, politics, economics, architecture, literature, media, and visual and performing arts; Whereas this resolution commends the more than 200 organizations throughout the United States that honor Scottish heritage, tradition, and culture, representing the hundreds of thousands of Americans of Scottish descent, residing in every State, who already have made the observance of Tartan Day on April 6 a suc- cess; and Whereas these numerous individuals, clans, societ- ies, clubs, and fraternal organizations do not let the great contributions of the Scottish people go unnoticed; Now, therefore, be il Resolved, That tile Senate designates Alu'il 6 o1' each year as "National Tartan Day." SBSS member Don Macrae for submitting this article. County of Santa Clara Whereas on April 6, 1999, the County of Santa Clara and the Scottish-American community will host a flag-raising ceremony which recog- nizes and honors the celebration of~li~rtan Day; and Whereas the date chosen is one of historical signifi- cance for the Scottish community worldwide because it is the anniversary of Scottish inde- pendence; and Whereas on April 6, 1320, at Arbroath Abbey on the east coast of Scotland, a document was pre- pared which included the following lines: "For we fight not for glory, nor riches, nor honors, but for freedom alone, which no good man gives up except with his life;" and Whereas the observance of Tartan Day commemo- rates all that is best in Scottish history and cul- ture, as well as the great contributions that the Scots and Scottish-Americans have made, and continue to make to the history and develop- ment of the United States of America; and Whereas the County of Santa Clara encourages its citizens to celebrate the achievements of their cultur'al heritage, Now, therefore, be it Resoh~ed that the Board of Supervisors of the County of Santa Clara does hereby proclaim April 6, 1999, as Tartan Day Passed and adopted, this Sixth Day of April, Nine- teen Hundred and Ninety-Nine, by unani- moils vote. From last year's Tartan Day proclamation. The . eanac¼ie · March zooo · 5 Sat. 1 Sat. 1 Wed. 5 Thurs. 6 ,. cotci h of: Tartan Day at Ardenwood Farms. Enjoy the day, and drop by the Society's booth to visit. Ceilidh Dance, Masonic Temple in Mountain View, 7:30 P.M., with John Tay- lor and Twisted Knickers. $12 members, $15 non-members, $7 children under 18. Waulking~ with Norman Kennedy, at the Fireside Room of the First United Meth- odist Church, 7:00 P.M. $12 members, $15 non-members; send your check to Moira Theriault at 5021 Bucknall Rd., San Jos~, CA 95130. Norman's presentation Nonnaa Kennedy will be followed by a potluck, so bring a supper dish to share with others. Tartan Day Presentation, Santa Clara County offices on Hedding and North First in San Jos~, 11:30 A.M. tO 1:00 ~'.M.. Supervisor Pete McI-Iugh will present the Tartan Day Prodamation to Chief Ellie Andrew, followed by the raising of the American flag and the St. Andrew's flag. We'll also have several dans represented, and a choir, and a color guard, and more. Join your fellow Scottish-Americans in Fri. 7 recognizing the contributions made by the Scots in America. General meeting of the Sodety, 7:30 P.M. at the First United Methodist Church on Fifth Street in San Jos~ (directions on the back of this newsletter). After taking care of the Society's business, we'll have a pot- luck and some good fellowship around the table. As always, bring your favorite potluck dish (we don't care if you made it yourself, or if the Colonel made it!), enough to feed yourself and another. Also, please bring some canned goods to donate to the church's ministry to the homeless. Sun. and Mon., 28 and 29 Gold Rush Festival at San Jos~ Historical Museums. The Society will have a table set up to tell about the Scots' involve- ment in California's Gold Rush. Jun~ Sat. 17 Jul Campbell Highland Games. Our own lo- cal highland games. The Sodety's booth will need folks to man it during the day. Also, the Games Committee will be look- ing for volunteers to help. Call JudY Ross at (408) 291-8725 to sign up for the Society's booth; call Jim and Carol Suttie to help with the Games in general, (408) 225-3305. Fri., 7 General meeting of the Society, 7:30 ~,.M., First United Methodist Church. 6 · ,.. outh ] .9,- c°tcish ,. ociet9 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM CITY MANAGER: SUBJECT: Financial Reports for the Eight Months Ended February 2000 and Fiscal Year 1999/00 Budget Adjustments RECOMMENDED ACTION(S): Accept the financial reports and the Treasurer's report for the eight months ended February 29, 2000, and adopt the attached Resolution making adjustments to the Fiscal Year 1999/00 budget. REPORT SUMMARY: The accompanying financial reports represent the revenues, expenditures and fund balances in all City funds for the eight months ended February 29, 2000. This report also makes recommendations for adjustments to the Fiscal Year 1999/00 budget to fund changes in programs and activities which were not appropriated in the original budget adopted by the City Council in June 1999. Summary Overall, revenues are slightly higher than expected at this point in the annual cycle, and expenditures are slightly lower than expected. For the eight months ended February 29, the City is in a positive financial condition when compared to the annual budgeted revenues and expenditures. Note that the budget adjustments to revenues and expenditures that were adopted by the City Council in February and March have been incorporated into the projections. Revenues General Fund revenues are about $368,000 higher than expected as of February 29. This is due to higher than anticipated construction tax, interest income, and significant refunds and reimbursements which were received early in the year. Additionally, property tax revenues are slightly behind the estimated amount because the second installment of property tax revenues will not be received until April or May. In other funds, development revenues remain relatively high as'a result of the currently active development environment. Park Development fees are lower than originally budgeted because fees from the Azule Crossing development were anticipated when the budget was prepared, but the fees have not been collected yet. All other funds remain approximately as anticipated. Expenditures General Fund expenditures are about $150,000 less than anticipated as of February, with savings spread throughout various program budgets. In other funds, expenditures are very close to where they would be expected to be. Fund Balance The General Fund balance is $8,793,720 as of February 29, and $13,503,164 for all funds Combined. At this point, it is anticipated that these fund balance figures will be about $700,000 less by June 30, 2000, assuming that capital projects which were budgeted for the year but not yet spent, will be spent by June 30. BUDGET ADJUSTMENTS Following are a number of adjustments which staff recommends to keep the Fiscal Year 1999/00 budget in line with anticipated expenditures: Increase Temporary Wages in the City Manager's Office by $32,500, representing the Interim City Manager's wages from March 1 through June 30. There are sufficient funds in the General Fund balance to support this cost. Increase Accrued Leave Payout by $36,670 for the former City Manager's payment of accrued leave. The City was required to pay the former City Manager for 100% of his accrued leave hours. There are sufficient funds in the General Fund balance to support this cost. o Increase Wages and Benefits in the City Manager's Office by $13,585 for the balance of the former City Manager's severance pay which was not previously budgeted. The former City Manger was paid six months severance pay, pursuant to his employment contract, but just four months remained budgeted in the current fiscal year when that payment was made. The difference, approximately equal to two months salary and benefits, must be appropriated. This could be funded from Contingency. Increase the Facilities Maintenance program budget by $2,000 for the cost of the water fountain in the courtyard of City Hall. The Saratoga Rotary Club contributed $2,000 to the City to fund the fountain. Increase the Integrated Waste Management budget by $20,000 resulting from a significant increase in usage of the Household Hazardous Waste program. There are sufficient funds available in the Environmental Fund balance to support this level of increased usage. Increase the City Manager's budget by $8,060 for the cost of printing and mailing two issues of the City's newsletter, the Saratogan. One issue was mailed to residents in February, with actual direct costs of $4,030. It is anticipated that a second one will be completed before the end of the fiscal year at the same cost. (Note that staff time of approximately $1,800 per issue for content development has not been included in these figures.) There are sufficient funds in Contingency. Monthly_FebOO2.doc 2 Increase the Management Information Systems program budget by $3,000 for the cost of a good quality, industrial strength, color printer which will be used by all City staff, and particularly during the budget presentations. There are sufficient funds in Contingency. FISCAL IMPACTS: These changes to the Fiscal Year 1999/00 budget would have the following fiscal impacts: Uses of Funds Increase in General Fund Appropriations Increase in Other (Non-General) Fund Appropriations $95,815 20,000 Sources of Funds Increase in General Fund Revenues Use of General Fund Contingency Use of General Fund Balance Use of Other (Non-General) Fund Balance 2,000 24,645 69,170 20,000 CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The expenditures for Fiscal Year 1999/00 would exceed budgeted appropriations by year-end, most notably for salary and wages in the City Manager's Office and for the Household Hazardous Waste program. The City would also not be able to fund the Saratogan newsletter or be able to provide higher quality color graphics. · ALTERNATIVE ACTION(S): Instruct staff to return with revised recommendations, or wait until the books are closed after June 30 to make the budget increases as necessary. FOLLOW UP ACTION(S): Record budget adjustments into the City's Fiscal Year 1999/00 budget. Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A - Resolution Making Adjustments to the Fiscal Year 1999/00 Budget Attachment B - Financial reports for February 2000 Attachment C - Treasurer's Report for February 2000 Attachment D - Saratogan Newsletter Detail Cost Analysis Monthly_FebOO2.doc 3 RESOLUTION NO. 00-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING ADJUSTMENTS TO THE FISCAL YEAR 1999/00 BUDGET WHEREAS, the City Council adopted Resolution No. 99-36, adopting the budget for Fiscal Years 1999/00 and 2000/01 on June 16, 1999; and WHEREAS, subsequent to the adoption of said Resolution, the City Manager has recommended further changes to the City's budget; and WHEREAS, the City Council has considered the recommendations of the City Manager and believes that implementing these further changes will be in the best interests of the City. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Increase Temporary Wages in the City Manager's Office by $32,500, representing the Interim City Manager's wages from March 1 through June 30. Them are sufficient funds in the General Fund balance to support this cost. Increase Accrued Leave Payout by $36,670 for the former City Manager's payment of accrued leave. The City was required to pay the former City Manager for 100% of his accrued leave hours. There are sufficient funds in the General Fund balance to support this cost. Increase Wages and Benefits in the City Manager's Office by $13,585 for the balance of the former City Manager's severance pay which was not previously budgeted. The former City Manger was paid six month severance pay, pursuant to his employment contract, but just four months remained budgeted in the current fiscal year when that payment was made. The difference, approximately equal to two months salary and benefits, must be appropriated. This could be funded from Contingency. Increase the Facilities Maintenance program budget by $2,000 for the cost of the water fountain in the courtyard of City Hall. The Saratoga Rotary Club contributed $2,000 to the City to fund the fountain. o Increase the Integrated Waste Management budget by $20,000 resulting from a significant increase in usage of the Household Hazardous Waste program. There are sufficient funds available in the Environmental Fund balance to support this level of increased usage. 6. Increase the City Manager's budget by $8,060 for the cost of printing and mailing two issues of the City's newsletter, the Saratogan. One issue was mailed to residents in February, with actual direct costs of $4,030. It is anticipated that a second one will be completed before the end of the fiscal year at the same cost. (Note that staff time of approximately $1,800 per Monthly_FebOO2.doc 4 ATTACHMENT A issue for content development has not been included in these figures.) There are sufficient funds in Contingency. Increase the Management Information Systems program budget by $3,000 for the cost of a good quality, industrial strength, color printer which will be used by all City staff, and particularly during the budget presentations. There are sufficient funds in Contingency. AND BE IT FURTHER RESOLVED, the above adjustments to the City of Saratoga's Fiscal Year 1999/00 budget will be made using the following entries: Increase Decrease 001-1020-511-10.03 001-0000-330-20.00 001-1020-511-20.02 001-1045-513-20.02 001-2005-521-20.02 001-2015-523-20.02 001-0000-330-20.00 001-1020-511-20.02 001-1045-513-20.02 001-2005-521-20.02 001-2015-523-20.02 001-1010-511-50.02 001-1060-613-60.02 001-1040-441-04.00 260-5005-552-40.71 260-0000-330-20.00 001-1020-511-4041 001-1010-511-50.02 001-1065-513-60.06 001-1010-511-50.02 City Manager-Temporary Wages General Fund Balance City Manager City Manager City Manager City Manager 1,833 General Fund City Manager 9,510 City Manager 2,717 City Manager 679 City Manager 679 Contingency Facilities Maintenance-Building Improvement 2,000 Refunds and Reimbursements 2,000 $32,500 Accrued Leave Payout-CMO 25,670 Accrued Leave Payout-HR 7,334 Accrued Leave Pay-Emerg Prep 1,833 Accrued Leave Payout-Police Balance Severance-CMO Severance -HR Severance -Emergency Prep Severance -Police 32,500 36,670 13,585 Household Hazardous Waste- Interagency Fee 20,000 Environmental Fund Balance 20,000 City Manager-Wages/Printing/Mailing 8,060 Contingency 8,060 MIS -Equipment 3,000 Contingency 3,000 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 5th day of April, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Monthly_FebOO2.doc 5 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66% FUND BALANCE FIjND FUND DESCRIPTION }01 GENERAL FUND }02 MIS REPLACEMENT FUND }03 PERS RETIREMENT FUND TOTAL GENERAL FUND SPECIAL REVENUE FUNDS: [00 COPS SUP. LAW ENFORCEMENT 110 TRAFFIC SAFETY SRF 150 STREETS&ROADS SRF 160 TRANS DEV ACT SRF-CAP PROJ 170 HILLSIDE REPAIR SRF 180 LANDSCAPEfLGTNG SRF 250. DEVELOPMENT SRF 260 ENVIRONMENTAL PRG SRF 270 HOUSING & COMM DEV SRF 290 RECREATION SRF 292 FACILITY OPS SRF 293 THEATER TCK SRCHG SRF AUDITED UNAUDITED BALANCE YEAR TO DATE ADJUSTS & BALANCE JULY I. 1999REVENUE EXPENDITURE TRANSFERS FEB 29~ 2000 $ 6,872,663$ 5,280,078$ 3,189,122 $ (293.382)$ 8,670,237 60,000 35,000 95,000 28,483 28,483 6,932,663 5,280,078 3,189,122 (229,899) 8,793,720 15,663 69,394 31,623 3,415 56,849 77.758 4,211 (73,547) 528,297 796,176 267,879 62,419 147,654 134,502 75,571 887,209 1,200,824 895,878 1,192,155 203,034 608,250 206~88 (245,232) 359,064 158,54~. 100,566 57,978 374,472 616,620 242,148 93,171 135,260 42,089 15,772 8,919 (6,853) TOTAL SPECIAL REV. FUNDS 1,168,325 3,274,136 2,930,742 229,899 1,741,618 CAPITAL PROJECT FUNDS: 310 PARK DEVELOPMENT 2,251,983 9315 28,890 2~32,40~ DEBT SERVICE FUND: 400 LIBRARY BONDS DEBT SVC 5,574 87,990 88,198 5,366 AGENCY FUNDS: 420 LEONARD ROAD DEBT SVC 120 C.A. TV TRUST FUND 130 PARKING DIST #c2 DEBT SVC 140 PARKING DIST #3 DEBT SVC 200 DEPOSIT AGENCY FUND SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS 41,153 5,899 8,419 38,633 81,630 2,053 83,683 11,871 11,871 9,550 88,022 142,391 (4~.819) 395319 395,519 245,165 245,165 784,888 95,974 150,810 730,052 $ 11,143,433 $ 8,747,493 $ 6~87,762 $ - $ 13,503,164 AUDITED PROJECTED PROJECTED PROJECTED BALANCE YEAR TO DATE ADJUSTS & BALANCE JULY L 1999 REVENUE EXPENDITURE TRANSFERS ,~UNE 30, 2000 $ 6,872,663 $ 7,971.349 $ 5.139.155 $ (1,764,505) $ 7,940.352 60,000 35.000 95,000 28,483 28.483 6,932.663 7,971349 5,139.155 (1.701,022) 8,063.835 15,663 71,900 78,888 8,519 17,194 146,000 22,311 (123,689} 1,514,574 3,275,600 1,761.026 83,203 98,103 14,900 5,888 0 (5,888) 62,419 236,195 198,840 99,774 887,209 1.722,600 1,406,272 1.203,537 203,034 876,680 506,018 (329,390) 244,306 236,313 315.529 79,216 656,855 897,060 240.205 125,000 188,701 63,701 21,500 13,922 (7,578) 1,168325 5,696.708 7,001.244 1,701,022 1.564,811 2,251,983 111.780 203,714 2,160.049 5,574 94.262 93~05 6331 41.153 11,938 11~38 81,630 4,000 0 11,871 0 9,550 163,203 170,203 395,519 0 245,165 19,250 0 41,153 395.519 264,415 784,888 198391 182,141 801, $ 11,143,433 $ 14,072,4~$ 12.619,759 $ - $ 12,596,1bl ATTACHMENT B fs200, xls~.ECAP Page I 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66% REVENUES TITLE REVENUE RECAPBYFUND 001 GENERAL FUND SPECIAL REVENUE FUNDS: 100 COPS-SLESF FUND 110 TRAFFIC SAFETY FUND 150 STREETS & ROADS SRF 160 TRANSPORT DEVELOP ACT SRF 170 HILLSIDE REP/MR FUND 180 LANDSCAPE & LIGHTING FUND 250 DEVELOPMENT FUND 260 ENVIRONMENTAL PROGRAM FUND 270 HOUSING & COMMUNITY DEV FUND 290 RECREATION FUND 292 FACILITY OPERATIONS FUND 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS 310 400 CAPITAL PROJECTS FUNDS: PARK DVLPMNT CAP PILl FND DEBT SERVICE FUND: LIBRARY BOND DEBT SRV FND TOTAL AGENCY FUNDS 420 LEONARD RD DEBT SER FUND 720 CA TV TRUST FUND 730 PRK DST#2 DBT SR/AGNCY FD 740 PRK DST#3 DBT SR/AGNCY FD 800 DEPOSITS AGENCY FUND 990 SARATOGA PFA AGENCY FUND TOTAL AGENCY FUNDS TOTAL ALL FUNDS FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) $ 6,618,507 $ 7,971,349 $ 7,971,349 YEAR-TO-DATE 2/29/00 2/29/00 ESTIMATE ACTUAL $ 4,911,990 $ 5,280,078 71,900 146,000 1,336,080 83,203 5,888 236,195 1,248,200 876,680 236,313 656,855 125,000 21,500 1,514,574 1,514,574 1,248,200 1,722,600 69,394 69,394 73,500 77,758 527,223 528,297 4OO 156,130 147,654 1,148,400 1,200,824 567,962 608,250 153,155 158,544 354,340 374,472 89,650 93,171 15,500 15,772 5,043,814 5,222,308 5,696,708 3,155,654 3274,136 111~80 74,520 9,315 94,262 88,203 87,990 11,938 4,000 163,203 19,250 198391 12,066,754 13,598,090 $ 14,072,490 5,969 5,899 2,000 2,053 81,602 88,022 89,571 95,974 $ 8,319,937 $ 8,747,493 (YTD) ACTUAL/ 2/29/00 ESTIMATE 7.5% 0.0% 5.8% 0.2% 0% -5.4% 4.6% 7.1% 3.5% 5.7% 3.9% 1.8% 3.8% -87.5 % -0.2% -1.2% 2.7% 7.9% 7.1% 5.1% (1) fs200.xlskREVElqUE Page 2 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66% REVENUES TITLE GENERAL FUND FISCAL YEAR 1999.00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 001 PROP TAX SECURED/UNSECURED $ 1,192,200 TEA ALLOCATION 244,712 1,497,231 1,497,231 SALES TAX 1% SALES TAX PROP 172 TRANSFER TAX CONSTRUCTION TAX TRANS OCCUP TAX FRANCHISE FEES - PG&E FRANCHISE FEES - TCI FRANCHISE FEES - SJ WATER FRANCHISE FEES - GREEN VALLEY BUSINESS LICENSES MOTOR VEHICLE LICENSE FEE OFF HIGHWAY MV FEE HOPTR DISASTER RECOVERY OTHER REFUNDS & REIMBURSES FINES-FALSE ALARM FORFEITURES INTEREST RENTALS-CELL PHONE HAKONE RENT PASS THROUGH SALE OF ASSETS MISC. VEHICLE ABATEMENT ANIMAL LICENSES FUEL SALES GROUND MAINT PERMIT-ENCRMT. TOTAL GENERAL FUND 1,436,912 1,013,100 76,500 YEAR-TO-DATE 2/29100 2/29/00 ESTIMATE ACTUAL 794,800 $ 784,332 595,732 595,732 1,390,532 1,380,064 675,400 690,906 51,000 49,432 (YTD) ACTUAL/ 2/29100 ESTIMATE -1.3% 0.0% -0.8% 2.3% -3.1% 1,089,600 726,400 740,338 1.9% 288,800 192,533 225,224 17.0% 350,000 233,333 310,813 33.2% 264,000 176,000 180,775 2.7% 902,800 601,867 716,812 19.1% 235,000 173,500 101,208 105,010 3.8% 85,900 85,900 90,204 5.0% 286,800 167,300 171,525 2.5% 781,200 354,408 366,739 3.5% 278,161 185,441 201,552 8.7% 1,320,100 960,067 1,045,968 8.9% 170 500 560 16,000 9,333 7,816 1,336,270 969,900 1,054,344 8.7% 291,741 314,211 16,667 11,085 26,667 37,875 233,333 313,149 54,667 50,949 2,368 742 3,333 7,535 3,333 11,168 5,333 6,215 6,667 7,126 3,333 4,000 36,000 56,174 7.7% -33.5% 42.0% 34.2% -6.8% -68.7% 234,564 25,000 40,000 350,000 52,000 5,000 5,000 5,000 8,000 10,000 5,000 54,000 325,414 325,414 9,473 9,473 793,564 6,618,507 7,971,349 7,971,349 126.1% 235.0% 16.5% 6.9% 20.0% 56.0% 683,443 820,229 20.0% 4,911,990 5280,078 7.5% (2) (3) (4) (1) (5) (5) (6) (7) (8) (1) fS200.xls~,EVEKrOE Page 3 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66% REVENUES TITLE SPECIAL REVENUE FUNDS: COPS-SLESF SP REV FD 100 SUPPL LAW ENFORCE TRAFFIC SAFETY SRF 110 REFUNDS & REIMB. CROSSING GUARD MATCH FINES-VEHICLE CODE TOTAL TRAFFIC SAFETY SRF STREETS & ROADS SRF 150 REFUNDS & REIMB. ST HIGHWAY USER 2107.5 ST HIGHWAY USER 2106 ST HIGHWAY USER 2107 ST FHWA REIMB. ST 2105 S&H CODE TEA-21 MEASURE B TOTAL ST&RDS SRF TRANSPORT DEVELOP ACT SRF-CAP PROJ 160 TOTAL TDA HILLSIDE REPAIR SRF 170 INTEREST HILLSIDE STREET REPAIR TOTAL HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF 180 PROP. TAX SPECIAL ASSESSMENT INTEREST CONTRIBUTIONS TOTAL LANDSCAPE/LGTNG SRF DEVELOPMENT SRF 250 GEOLOGY REVIEW FEES ENGINEERING FEES PLANNING FEES ARBORIST FEE MAP/PUB/OTHER SALES DOCUMENT STRG FEES PERMITS-BUILDING PERMITS-GRADING INTEREST TOTAL DEVELOPMENT SRF FISCAL YEAR 1999-00 ORIGINAL BUDGET 71,900 6,000 140,000 REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) YEAR-TO-DATE 2/29/00 2/29/00 ESTIMATE ACTUAL 69,394 69,394 3,500 3,500 70,000 74,258 (YTD) ACTUAL/ 2/29/00 ESTIMATE 0.0% 0.0% 6.1% 146,000 73,500 77,758 5.8 % 37,657 24,575 6,000 6,000 89,555 90,715 156,330 161,463 112,682 119,793 64,554 64,554 228,000 228,000 39,060 6,000 153,523 267,994 75,000 193,169 224,082 377,252 -34.7% 0.0% 1.3% 3.3% 6.3% 125,000 125,751 0.6% 1,336,080 1,514,574 1,514,574 527,223 528,297 0.2% 83,203 600 400 5,288 5,888 400 0% 49,167 52,087 106,963 95,567 73,750 160,445 2,000 5.9% -10.7% 236,195 156,130 147,654 -5.4 % 60,000 54,000 54,000 180,000 320,000 338,400 338,400 50,000 61,500 100,000 200 7,000 12,000 12,000 725,000 1,000,000 32,000 40,000 43,892 120,000 111,628 225,600 247,400 66,667 65,602 133 8,000 10,750 666,667 693,846 21,333 27,706 9.7% -7.0% 9.7% -1.6% 0% 34.4% 4.1% 29.9% L248,200 1'283,100 1,722,600 1,148,400 1~00,824 4.6% (2) (9) (1) fS200.xls~REVEi~E Page 4 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66% REVENUES TITLE ENVIRNMNTAL PRG SRF ST REFUSE SURCHG AB939 ENVIRONMENTAL FEES 260 CLEAN AIR GRANT INTEREST TOTAL ENVIRON PRG SRF HOUSING&COMM DEV SRF 270 HCD/CDBG/SHARP GRANTS INTEREST SHARP LOAN REPAYMENT TOTAL HOUSING/COMM DEV SRF RECREATION SRF 290 FRIENDS OF WARNER HU'I~ON HOUSi SPORTS LEAGUE FEES CAMP FEES EXCURSION FEES CLASS/SPECIAL EVENT SNACK BAR SALES REDWOOD SPORTS PRGM. TEEN SERVICES SNACK BAR SALES WARNER HUT¥ON CONTRIBUTIONS TOTAL RECREATION SRF FACILITY OPS SRF 292 BUILDING RENT PARKS RENT TOTAL FACILITY OPS SRF THEATER TCK SRCHG SRF 293 THEATER TCK SRCHG TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS PARK DVLPMNT CAP PRJ FND 310 PARK DEVELOPMENT FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED BUDGET (if different) ESTIMATED ACTUAL (if different) 20,000 527,290 329,390 876,680 234,313 2,000 236,313 9,655 47,500 104,000 89,000 350,000 1,200 28,000 24,500 1,000 2,000 656,855 120,000 5,000 125,000 21,q00 5,043,814 5,257,208 5,696,708 YEAR-TO-DATE 2/29/00 2/29100 ESTIMATE ACTUAL 13,333 20,441 307,586 342,577 247,043 245,232 567,962 608,250 117,157 121,045 1,000 2,221 34,998 35,278 153,155 158,544 2,000 1,438 26,500 24,031 25,700 22,546 59,328 75,464 208,000 211,124 800 856 17,000 16,316 13,348 16,674 664 1,147 1,000 4,876 354,340 374,472 87,000 86,382 2,650 6,789 89,650 93,171 15,500 15,772 3,140,154 3,258,364 (YTD) ACTUAL/ 2/29/00 ESTIMATE 53.3% 11.4% -0.7% 7.1% 3.3% 122.1% 0.8% 3.5% -28.1% -9.3% (10) -12.3% (10) 27.2% 1.5% 7.0' 24.9' 72.7% 387.6% 5.7% -0.7% 156.2% 3.9% 1.8% 3.8% 111,780 74,520 9315 -87.5% (11) fs200.xls~REV'ElxlUE Page 5 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66 % REVENUES TITLE DEBT SERVICE FUND: LIBRARY BOND DEBT SRV FND 400 PRINCIPAL INTEREST OTHER TOTAL LIBRARY BOND DEBT AGENCY FUNDS: LEONARD RD DEBT SER FUND 420 SERVICES (ASSESS DISTRICTS) CA TV TRUST FUND 720 INTEREST INCOME PRK DST#2 DBT SR/AGNCY FD 730 SERVICES (ASSESS DISTRICTS) [PRK DST#3 DBT SR/AGNCY FD 740 SERVICES (ASSESS DISTRICTS) DEPOSITS AGENCY FUND 800 DEPOSITS SARATOGA PFA AGENCY FUND 990 INTEREST INCOME TOTAL AGENCY FUNDS GRAND TOTAL FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 80,000 14,062 200 YEAR-TO-DATE 2/29100 2/29100 ESTIMATE ACTUAL 80,000 80,000 8,203 7,990 (YTD) ACTUAL/ 2/29/00 ESTIMATE 0.0% -2.6% 94,262 88,203 87,990 -0.2 % 11,938 5,969 5,899 -1.2% -4,000 2,000 2,053 2.7% 163,203 81,602 88,022 7.9% 19,250 198,391 89,571 95,974 7.1% $ 12,066,754 $ 13,632,990 $ 14,072,490 $ 8,319,937 $ 8,747,493 5.1% (2) (2) (9) (9) (9) REVENUE NOTES: (1) Development Fees - Development activity remains higher than originally budgeted. (2) Property Taxes - Secured property tax paid in December/January and April/May. Some taxpayers paid their April payment in December. (3) TEA per arbitration agreement for FY 97/98 and 98/99. (4) Transfer Tax - Real estate transfers are very active. (5) Franchise Fees from PG&E and SJ Water received in April and February respectively. (6) Business Licenses - most business licenses renewed in January (7) Other Refunds and Reimbursements - Insurance premium refunds ($135,545) received in July, and Police refund ($88,850)received in Oct. (8) Cell Phone Rentals - Nextel and Sprint paid annually in December. (9) Assessment Revenues - January and May. (10) Recreation Fees - Sports and Camps revenues in early summer. (11) Park Development Fees - Azule Crossing was included in estimated revenues, but not collected yet. fS200.xlsLREVEI~E Page 6 3~28~00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66% EXPENDITURES 001 100 110 150 160 170 180 250 260 270 290 292 293 710 310 400 420 700 720 730 740 8OO 990 ORIG1NAL TITLE BUDGET FISCAL YEAR 1999-00 REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) EXPENDITURE RECAP BY FUND YEAR-TO-DATE 2/29/00 2/29/00 ESTIMATE ACTUAL GENERAL FUND $ 4,708,717 SPECIAL REVENUE FUNDS COPS SUP. LAW ENFORCEMENT 78,888 TRAFFIC SAFETY SRF 22,311 STREETS&ROADS SRF 3,095,022 TRANS DEV ACT SRF-CAP PROJ 98,103 HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF 179,478 DEVELOPMENT SRF 1,348,266 ENVIRONMENTAL PRG SRF 514,129 HOUSING & COMM DEV SRF 315,529 RECREATION SRF 894,878 FACILITY OPS SRF 188,701 THEATER TCK SRCHG SRF 13,922 HERITAGE PRSRVTN TRST FND TOTAL SPECIAL REVENUE FUN CAPITAL PROJECTS FUNDS: PARK DEVELOPMENT DEBT SERVICE FUND: LIBRARY BONDS DEBT SVC TOTAL AGENCY FUNDS LEONARD ROAD DEBT SVC QUARRY CREEK PROJ ADM C.A. TV TRUST FUND PARKING DIST #2 DEBT SVC PARKING DIST ge3 DEBT SVC DEPOSIT AGENCY FUND SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS 5,109,155 5,139,155 3,275,600 3,275,600 198,840 198,840 1,406,272 1,406,272 506,018 $ 3,339,822 $ 3,189,122 36,066 31,623 4,132 4,211 855,017 796,176 897,060 897,060 132,560 134,502 925,862 895,878 219,656 206,988 108,247 100,566 599,866 616,620 125,801 135,260 9,281 8,919 6~749t227 7Z029,355 7~001~244 567~000 603~714 203~714 93~505 11,938 170,203 182~141 12~300~590 13~017~870 12~619~759 3~016~488 2,930~742 30~000 28z890 88,000 88r198 8,500 8,419 143,000 142,391 15L500 150~810 6~625~809 $ 6~387~762 (YTD) ACTUAL/ 2/29/00 ESTIMATE -4.5% -12.3% 1.9% (12) -6.9% 1.5% -3.2% -5.8% -7.1% 2.8% 7.5% -3.9% -2.8% -3.7% 0.2% -1.0% -0.4% -0~q% -3.6% fs200ods~zXPEND. Page 7 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66 % EXPENDITURES TITLE 001 GENERAL FUND 1005 CITY COUNCIL 1010 CONTINGENCY 1015 CITY COMMISSIONS 1020 CITY MANAGER'S OFFICE 1025 CITY ATTORNEY 1030 CITY CLERK 1035 EQUIPMENT OPERATIONS 1040 FINANCIAL MANAGEMENT 1045 HUMAN RESOURCES 1050 GENERAL SERVICES 1060 FACILITIES MAINTENANCE 1065 MANAGEMENT INFORMATION SYS 2005 EMERGENCY PREPAREDNESS 2010 CODE ENFORCEMENT 2015 POLICE SERVICES 2025 ANIMAL CONTROL 3030 PARKS/OPEN SPACE 3035 GENERAL ENGINEERING 4005 ADVANCED PLANNING 7005 SENIOR SERVICES 7010 COMMUNITY SUPPORT 9010 CAPITAL PROJECTS-VESSING RD SUBTOTAL LESS OVERHEAD TOTAL GENERAL FUND FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) 44,350 51,450 51,450 200,000 76,700 76,700 68,909 71,709 71,709 274,945 347,494 347,494 283,265 378,265 378,265 76,638 97,738 97,738 171,444 353,742 371,867 371,867 149,876 159,927 159,927 112,797 452,541 454,541 454,541 142,809 223,325 223,325 56,828 59,340 59,340 47,748 YEAR-TO-DATE 2/29100 2/29/00 ESTIMATE ACTUAL 34,300 36,883 47,806 40.715 151,663 156,828 252,177 254,502 65,159 57,627 62,963 58,973 203,636 200,346 106,618 90,299 75,198 81,237 319,983 314,101 129,510 119,690 39,560 39,243 31,832 23,434 (YTD) ACTUAL/ 2/29100 ESTIMATE 7.5% -14.8% 3.4% 0.9% (13) -11.6% -6.3% -1.6% -15.3% 8.0% -1.8% -7.6% -0.8% -26.4% 2,664,456 2,666,968 2,666,968 28,843 488,705 498,178 498,178 190,096 104,737 154,737 154,737 31,980 66,200 150,000 180,000 6,010,909 6,411,347 6,441,347 (1,302,192) (1,302,192) (1,302,192) 4~708~717 5~109~155 5~139~155 1,777,979 1,689,442 19,229 19,662 302,151 288,267 98,530 103,910 56,247 51,678 26,320 24,348 44,133 36,402 180,000 178,444 4,024,992 3,866,031 (685,171) (676,909 3~339~822 3~189,122 -5.0% 2.3% -4.6% 5.5% -8.1% -7.5% -17.5% -0.9% (14) -3.9% -1.2% -4.5% fs200~Is~EXPEND. Page 8 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66,66% EXPENDITURES TITLE SPECIAL REVENUE FUNDS: 100 2030 COPS SUP. LAW ENFORCEMENT PLUS OVERHEAD TOTAL COPS SRF 110 2020 TRAFFIC SAFETY SRF PLUS OVERHEAD TOTAL TRAFFIC SAFETY SRF 150 STREETS&ROADS SRE 3005 STREET MAINTENANCE 3010 SIDEWALKS AND TRAILS 3015 TRAFFIC CONTROL 3020 FLOOD AND STORM DRAIN CONTR 3025 MEDIANS AND PARKWAYS 5010 CONGESTION MANAGEMENT 9000 CAPITAL PROJECTS SUBTOTAL PLUS OVERHEAD TOTAL STREETS&ROADS SRF 160 '9501 TRANS DEV ACT SRF-CAP PROJ 170 9703 HILLSIDE REPAIR SRF 180 3040 LANDSCAPE/LGTNG SRF PLUS OVERHEAD TOTAL LANDSCAPE/LGTNG SRF 250 4010 4015 4020 DEVELOPMENT SRF ZONING ADMINSTRATION INSPECTION SERVICES DEVELOPMENT REGULATION SUBTOTAL PLUS OVERHEAD TOTAL DEVELOPMENT SRF 260 5005 5015 ENVIRONMENTAL PRG SRF INTEGRATED WASTE MGMT STORM WATER MANAGEMENT SUBTOTAL PLUS OVERHEAD TOTAL ENVIRNMNTAL PRG SR FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED BUDGET (if different) ESTIMATED ACTUAL (if different) 70,369 8,519 78~888 21,600 711 22~311 1,610,916 87,579 177,753 183,550 183,550 98,263 90,069 345,320 328,851 328,851 291,750 483,000 483,000 2,701,650 2,882,228 2,882,228 393,372 393,372 393,372 3~095~022 3~275~600 3~275~600 98,103 158,490 177,852 177,852 20,988 20,988 20,988 179z478 198~840 198~840 355,627 400,621 400,621 370,175 375,869 375,869 163,954 171,272 171,272 889,756 947,762 947,762 458,510 458,510 458,510 1~348~266 1~406~272 1~406~272 164,849 184,849 156,738 290,763 455,612 '447,501 58,517 58,517 514~129 506~018 YEAR-TO-DATE 2/29/00 2/29/00 ESTIMATE ACTUAL 32,172 28,208 3,895 3,415 36z066 3L623 4,000 4,077 132 134 4~132 4~211 249,624 226,721 73,507 67,939 68,536 62,536 55,161 45,065 60,046 56,427 235,462 235,821 10,000 6,053 752,336 700,562 102,680 95,614 855~017 796~176 118,568 120,305 13,992 14,197 132~560 134zS0J 267,081 259,771 247,380 234,214 109,527 109,795 623,988 603,780 301,874 292,098 925~862 895~878 109,492 104,672 86,099 79,639 195,591 184,311 24,065 22,677 219~656 206z988 (YTD) ACTUAL/ 2/29100 ESTIMATE -12.3% -12.3% -12.3% 1.9% (12) 1.9% 1.9% -9.2% -7.6% -8.8% -18.3% -6.0% 0.2% -39.5% -6.9% -6.9% -6.9% 1.5% 1.5% 1.5% -2.7% -5.3% 0.2% -3.2% -3.2% -3.2% -4.4% -7.5% -5.8% -5.8% -5.8 % fs200.xls~_,XPEND. Page 9 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 PERCENT OF YEAR ELAPSED = 66.66 % EXPENDITURES 270 290 7015 9000 TITLE HOUSING&COMM DEV SRF HCDA ADMINISTRATION CAP PROJECTS (SR CTR & ADA) SUBTOTAL PLUS OVERHEAD TOTAL HOUSING&COMM DEV SRF FISCAL YEAR 1999-00 RECREATION SRF 6005 RECREATION 6010 TEEN SERVICES SUBTOTAL PLUS OVERHEAD TOTAL RECREATION SERVICES 292 6020 FACILITY OPS SRF PLUS OVERHEAD TOTAL FACILITY SRF 293 6015 THEATER TCK SRCHG SRF PLUS OVERHEAD TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS 310 9704 PARK DEVELOPMENT REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 90,166 216,221 306,387 9,142 315,529 569,355 571,537 571,537 108,535 677,890 680,072 680,072 216,988 216,988 216,988 894,878 897~060 897~060 58,223 130,478 188,701 8,955 4,967 13~922 6~749~227 7z029z355 7~001~244 567~000 603~714 203~714 YEAR-TO-DATE 2/29/00 2/29100 ESTIMATE ACTUAL 60,111 51,846 45,000 45,806 105,111 97,652 3,136 2,914 108z247 100,566 382,438 393,525 72,328 73,942 (YTO) ACTUAL/ 2/29/00 ESTIMATE -13.7% 1.8% -7.1% -7.1% -7.1% 2.9% 2.2% 454,766 467,467 2.8% 145,100 149,153 2.8% 2.8% 599,866 616z620 38,815 41,734 86,985 93,526 125~801 135z260 5,970 5,737 3,311 3,182 9z281 8~919 3~016z488 2,930,742 7.5% 7.5% 7.5% -3.9% -3.9% -3.9% -2.8% 30z000 28~890 -3.7% fs200~Is~XPEND. Page 10 3/28/00 CITY OF SARATOGA EIGHT MONTHS ENDED FEBRUARY 29, 2000 · PERCENT OF YEAR ELAPSED = 66.66% EXPENDITURES TITLE DEBT SERVICE FUND: 400 8015 LIBRARY BONDS DEBT SVC AGENCY FUNDS: 420 8020 LEONARD ROAD DEBT SVC 720 1040 C.A. TV TRUST FUND 730 8005 PARKING D/ST #2 DEBT SVC 740 8010 PARKING DIST #3 DEBT SVC 990 1040 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL EXPENDITURES FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) 93~505 11,938 170,203 182~141 12~300~590 13~017~870 12~619~759 YEAR-TO-DATE 2/29/00 2/29/00 ESTIMATE ACTUAL 88,000 88~198 8,500 8,419 143,000 142,391 151~500 150~810 6~625z809 6,387,762 (YTD) ACTUAL/ 2/29/00 ESTIMATE 0.2% (15) -1.0% (16) -0.4% (16) -0.5% -3.6% EXPENDITURE NOTES: (12) Traffic Safety - Crossing Guards will be paid later in the year. (13) Saratoga Creek litigation settlement costs and liability insurance paid. (14) Vessing Road - San Jose Water Dept payment of $126,441 paid in September (15) Debt service payments made in December and June. (16) Debt service payments made in September and March. fs200.xlsW_.XPEND. Page 11 3/28/00 CITY OF SARATOGA Cash and Investment Report Balance as of February 29, 2000 Anticipated Acquisition FDR* Book Market Par Maturity Monthly Institution Date Rating Value Value** Value Yeiid Date Term Earnings Cash & Investments: Cash: DD Comerica Bank - Savings N/A AAA $265,088 $265,088 $265,088 2.000% Revolving 1 $442 CK Comerica Bank - General Checking N/A AAA 216,509 216,509 216,509 0.000% Revolving I 0 CK Comerica Bank - Payroll Checking N/A AAA 6,396 6,396 6,396 0.000% Revolving 1 0 Subtotal Cash 487,993 a 487,993 487,993 1.086% I 442 L.A.I.F. & Investments: MF L.A.I.F. N/A N/A 11,208,431 b 11,184,549 11,208,431 5.824% Revolving I 54,398 CD Saratoga National Bank 07/03/98 AAA 500,000 500,000 500,000 5.900% 07/03/00 365 2,458 CD Heritage Bank of Commerce 10/14/98 AAA 562,683 562,683 562,683 5.650% 10/14/00 365 2,649 Subtotal CDs 1,062,683 1,062,683 1,062,683 5.768% 365 5,108 12,271,114 12,247,232 12,271,114 5.819% 183 59,506 12,759,107 12,735,225 12,759,107 5.638% 92 59,948 Subtotal L.A.I.F. & Investments Subtotal Unrestricted Cash & Investments Restricted Cash & Investments: SV Saratoga National Bank - CDBG ES US Bank - Library Debt Service CK Wells Fargo Bank - CDBG CK Wells Fargo Bank - CDBG N/A N/A N/A N/A AAA 89,981 89,981 89,981 2.530% Revolving I 190 AAA 5,800 5,800 5,800 0.000% Revolving I 0 AAA 25,186 25,186 25,186 0.000% Revolving I 0 AAA 7,353 7,353 7,353 0.000% Revolving I 0 Subtotal Restricted Cash & Investments 128,320 128,320 128,320 1.774% I 190 Total Cash and Investments " I I $12,887,427 $12,863,545 $12,887,427 5.600% Avg Yield 47 $60,137 Benchmark Yield Comparison 3 Month Treasury 5.78%[ I Year Treasur~ 6.IZ%I Schedule of Maturities: Immediate FY 1999-2000 Total General Fund Loans Receivable: Hakone Foundation # $11,824,744 1,062,683 $12,887,427 Reserve Analysis: General Fund Reserve requirement adopted 6/25/97: General Fund Balance as of 2/29/00. Available Funds: Unrestricted Pooled Cash & Investments available for current year expenses in al__.! funds: Includes unrestricted funds maturing within the current fiscal year) Maturity Principal Rate Date Term $182,209 6.500% 03/01/2004 3,650 $2,000,000 $8,793,720 $11,696,424 NOTES: DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account * FDR = The Financial Directory rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. **Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company. # This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received. This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing assets (notes receivable) are listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report. Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet uirements for the next six months. Approved by: ATTACHMENT C 3/28/00 (Unaudited Results) CITY OF SARATOGA SARATOGAN QUARTERLY NEWSLETTER COST ESTIMATE ACTUAL COSTS FOR FEBRUARY 2000 NEWSLETTER Cox, Susan - graphics design and layout Pizazz Printing - printing US Post Office - bulk mailing Total Actual Cost (excluding staff time) $300.00 2,479.47 1,251.26 $4,030.73 ESTIMATED COSTS FOR MAY 2000 NEWSLETTER Cox, Susan - graphics design and layout Pizazz Printing - printing US Post Office - bulk mailing Total Estimated Cost (excluding staff time) $300.00 2,479.47 1,251.26 $4,030.73 8,061.46 Total Both Newsletters NOTE: w Figures do not include staff time as follows: Beverly Tucker - 64.75 actual hours for 1st issue Beverly Tucker - 50' estimated hours for 2nd issue 1,884.87 1,455.50 MJW/Misc.xis ATTACHMENT D 3/28/00 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.: MEETLNG DATE: April 5, 2000 ORIGLNATING DEPT.: Recreation AGENDA ITEM: CiTY MANAGER: (~,_ ~ ~ ~)~~ -- PREPARED BY: Joan Pisani SUBJECT: Agreement between the City of Saratoga and Los Gatos Saratoga Joint Union High School District RECOMMENDED ACTION(S): Approve a cooperative program planning and facility use agreement between the City of Saratoga and the Los Gatos Saratoga Joint Union High School District in the amoum of $150,000 and authorize the Imerim City Manager to sign the agreement. REPORT SUMMARY: On February 9, 2000 the City Council agreed to comribute $150,000 to Saratoga High School's swimming pool fund in exchange for usage of their facilities for recreation programs. The City Council directed staffto negotiate an agreement with the Los Gatos Saratoga Joim Union High School District. The agreement has been reviewed and approved as to form by the City Attorney and some of the highlights are listed below. The agreement lists the school as getting first priority &usage, Recreation Department sponsored programs as second priority and community youth leagues third · District guarantees at least 400 hours of usage per year to the city · The District and the City will work together to develop aquatic programs that serve the entire community · The District will cominue to work with local organized youth sports leagues to provide practice and game fields when available · An inflation factor, with a cap, was built into the comract and fees will be reviewed every two years FISCAL IMPACTS: $150,000 from General Fund CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Saratoga High School will not get the money to complete their pool project and the Recreation Department will not be able to use the high school facility, for city sponsored programs. ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): Execute agreement and process payment. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: · Contract between City of Saratoga and Los G-atos Saratoga Joint High School District · Resolution Amending the 99/00 Budget AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND USE OF FACILITIES AND SARATOGA HIGH SCHOOL SWIMMLNG POOL FUND This agreement entered on ,2000 between the City of Saratoga. hereinafter referred to as "the City", and Los Gatos-Saratoga Joint Union High School District, hereinafter referred to as 'the District": is to formally acknowledge the agreement between the City and the District to initiate and implement joint program planning and facility utilization for the purpose of enhancing recreational opportunities for community residents. In consideration of the mutual benefits derived therefrom, the parties agree as follows: 1. Term: The term of this agreement is May 1, 2000 to April 30, 2005. The agreement max, be reviewed on a yearly basis. 2. Purpose: The purpose of this agreement is to enhance opportunities for community residents to participate in programs, recreational activities and to increase facility availability for community recreation programs. An outgrowth of these efforts will be a cooperative arrangement for maintenance of school facilities. 3. Scope: Program planning will focus on needs of the City of Saratoga Recreation Department for space to provide programs. The District agrees to continue to work with local organized youth sport leagues to provide practice and game fields when available. The District and the City will work together to develop aquatic programs that serve the entire Saratoga community. 4. Process: School courses, activities, school endorsed athletic programs and community programs devoted to youth presently using the Saratoga High School facility will continue to have priority in facility scheduling processes. Use of the facilities by the City will be coordinated in such a manner as not to interfere or conflict with District actMties. The School Principal and the City Recreation Director or designees shall be the contact persons for the coordinated program planning process. Written requests for facility use by the School will be coordinated with a 4 month timeline for schedule publication of each entity. 5 Leeal Responsibility/Insurance: The City assumes responsibility for injury or damage, which occurs as a proximate cause of its use of Los Gatos-Saratoga Joint Union High School District facilities and agrees to name the District as additional insured in the City's comprehensive general liability insurance policy. The City hereby agrees to, and shall, hold District, its elective and appointed Board, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any negligent or wrongful act or omission of City in the exercise of its use of the Los Gatos-Saratoga Joint Union High School District facilities. The District assumes responsibility for injury or damage, which occurs as a proximate cause of its use or maintenance of Los Gatos-Saratoga Joint Union High School District facilities and agrees to name the City as an additional insured in the District's comprehensive general liability insurance policy. District hereby agrees to, and shall hold the City. its elective and appointed Council, Commissions, officers, agents and employees harmless ~d defend and indemnify the same from and ~ainst any or all loss, liability, expense, claim, costs, suits, damages of e'~Serv kind, nature and description directly or indirectly arising from any negligent or wrongful act' or omission of District in the exercise of its use or maintenance of the Los Gatos-Saratoga Joint Union High School District facilities. 6. Facility Use and Maintenance: District shall have first Priority for any use of facilities. City of Saratoga Recreation Department sponsored programs will have second priority and community youth leagnes will have third. It is not the intention of the City to take over any pre- existing time slot or facility currently being used by community youth lea,.~ues. Compensation for use of District facilities will be paid by the City at agreed upon rates listed. Rates will be adjusted every two years, beginning March 1, 2002, by the greater often percent (10%) or the Bay Area CPI for the prior two years not to exceed fourteen (14%). The District guarantees at least 400 hours of facility usage by the City per year. Tennis Courts $6/hour (1-4 courts) Both .Gyms 35/hour Small Gym 15/hour Large Gym 20/hour Upper Field 6/hour Basketball Court 6/hour The City shall contribute a sum of $150,000 toward the swimming pool fund. The above compensation charged to City shall be deducted from the aforementioned swimming pool fund financial contribution made by City. Only after the swimming pool fund contribution has been totally drawn down will the City be obligated to pay such charges directly. 7. Billing: The District agrees to provide clean and safe facilities prior to usage by the City. In addition to the above referenced charges, the City shall pay the District for any extra-ordinary expenses reasonably relating to the City's use of the facility, including but not limited to additional District expenses to cover custodial, administrative, or supply expenses which the District must expend as a result of City's use of the facility. 8. Termination Provisions: This agreement may be terminated by either party at any time upon 30 days notice to the other party. Should either party decide not to continue this Agreement before the City's swimming pool contribution has been drawn down, the District shall deduct from the fund any fees owed to the District by the City pursuant to section 6 and the remainder of the pool fund shall be returned to the City within 30 days of the notice of termination. If the agreement is terminated a_,ffer the City's swimming pool contribution has been drawn down, the City shall pay any fees owed to the District pursuant to section 6 within 30 days of the notice of termination. 9. Amendments: No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. C~Y OF SARATOOA LOS OATOS-$AgAT~ ~OL~'T UNIOI~' SCHOOL DISTKICT (Title) ('rifle) (Da:e) APPOVF. D A~ TO FOI~.,M: (Cit~ A~omey) (Da~e) RESOLbTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FISCAL YEAR 1999/2000 BUDGET AND APPROPRIATING FUNDS FOR THE CITY'S CONTRIBUTION TO THE SARATOGA HIGH SCHOOL SWIMMING POOL WHEREAS, the Saratoga High School (the High School) is building a new swimming pool for its students and the community of Saratoga, estimated to cost approximately $1.5 million; and WHEREAS, on January 19, 2000, the Saratoga City Council deemed this project to be beneficial to the community and approved a contribution of $150,000 towards this project, to be paid to the High School at the time the agreement bem'een the City and the High School is approved by the City Council; and WHEREAS, the $150,000 represents a deposit against future use fees which the City may incur in its recreation programs, and is to be used in lieu of fee payment to the High School as the fees are incurred; and WHEREAS, the City has not yet appropriated funds for this project, but there is sufficient fund balance in the City's General Fund to make this contribution during fiscal year 1999/2000. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to appropriate $150,000 from the General Fund fund balance during Fiscal year 1999/2000 to make a contribution towards the Saratoga High S'chool swimming pool construction project: AND BE IT FURTHER RESOLVED, that the following budget amendment be made to the fiscal year 1999/2000 budget: General Fund Capital Projects - Grants to Other Agencies General Fund Balance 001-9010-613-40.70 001-0000-330-20.00 Increase Decrease $150,000 $150,000 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 5th day of April, 2000, by the f~)llowing vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk PoolReso SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM ~~-~ CITY MANnGER ~~.~~~___. SUBJECT: Approval of Check Register RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached is the check register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. I::: ...... ~: :">~:~ ;-~::' ;:":-": '~>' :'? -' ::~ :-,---~-::w:-:~ ...... -~ ::.-. ......... ._::.l-_lscal_y~ar~.~~~ ....................... . ....... :imf IFund# Fund Name Date Manual Void Total 3/23100 Checks Checks A81057-81186 1 GENERAL 301,847.41 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 43,172.14 160 Transit Dev 170 Hillside Repair 180 LLA Districts 5,395.22 250 Dev Services 4,435.73 260 Environmental 6,995.15 270 Housing & Comm 531.94 290 Recreation 14,729.91 292 Facility Ops 1,448.90 293 Theatre Surcharge 300 State Park 310 Park Develpmt 9,290.41 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Hedtage Prsvn 720 Cable TV 730 PD fY2 740 PD #3 800 Deposit Agency 2,004.63 810 Deferred Comp 830 Payroll Agency 990 SPFA 1,300.89 (1,690.02) [ (5o.oo) Subtotal 389,851.44 1,300.89 (1,740.02) PAYROLL CHECKS: B25352 - 25391 TOTAL Prepared by: Date: Appmve~,~y: .. ap~99 Z o oo oo ,-1 o o r,. ~., o oo § z 0 0 0 n. 0 o o o 0 000 000 o oo 0 § go § § § 0°8 8,, o° 7, oo o° 8 ~, oo oo oo o° 8 oo ~§ooo§ o Z o o o oo 0 0 Z ~ ~ ~ o o o o 8o© ¥ o° 7, oo 0 o o° 7, [-o z~ o~' §§§ oo Z'~Z 0 0 § ~o § 0 0 0 § oo g 0 Z O~ 0 oo g oo g 0 ggg§§ o o° § oo oo u G u ~ ~ z ~ § o § § 0 lul 0 oooooooooooo o o o oooo § z> 0 o 0 0 (~0 ...... ~ o o Ooooooo ooooooo oooo SARATOGA CITY COU~'NCIL EXECUTIVE SUMI~LARY NO. MEETING DATE: APRIL 5, 2000 ORIGINATING DEPT.: PUBLIC WORKS SUBJECT: Vessing Road Assessment District Improvements - Award of Construction Contract RECOMMENDED MOTION(S): 1. Move to declare Duran and Venables, Inc. to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Duran and Venables, Inc. in the amount of $120,561. 3. Move to authorize staffto execute change orders to the contract up to $30,000. REPORT SI ~-~MARY: Sealed bids for the Vessing Road Assessment District Improvements were opened on August 24, 1999. A total of six contractors submitted bids and a summary of the bids received is attached (Attachment 1). Duran and Venables, Inc. of Milpitas submitted the lowest bid of $120,561, which is 30% below' the Engineer's Estimate of $172,313. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated July 21, 1999. Because of the lawsuit with Mr. Hinz, a recommendation to award the construction contract was not feasible during the normal time period following the opening of a bid. In lieu of the situation, Dm-an and Venables agreed to hold their bid prices until April 15, 2000 (Attachment 2) to allow the City to work out the lawsuit. Recently, the City won the lawsuit with Mr. Hinz and will have an Order of Possession issued to it on April 17. It is therefore recommended that the Council declare Duran and Venables, Inc., to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 3) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $30,000 to cover any unforeseen circumstances, which may arise during the course of the work. 4 Funding of this work will be paid for through the Vessing Road Assessment District. ADVFRTISINC,. NOTICING AND PUBI,IC CONTACT: Nothing additional. CONSF. QUF. NCF. S OF NOT ACTING ON THE RFCOMMFNDED MOTIONs;: Duran and Venables, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that finn. The Council mav make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staffto re-bid the entire project. However, staffdoes not believe that a lower bid will be obtained bv re-bidding the project due to the competitive nature of the current bids received. ' AI.TERNATIVE ACTIONS: None in addition to the above. FOI.IO'~V IYP ACTIONS: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will be~n in May and last throu~mh the be~nning of July. ATTACHMFNTS: 1. Bid Summary. 2. Construction Contract. 3. Letter fi.om Contractor. DURAN& VENABLES, INC. Attachment 3 December 6, 1999 City Of Saratoga John Cherbome 13777 Fruitvale Avenue Saratoga CA 95070 Dear John, Please acknowledge receipt of this letter stating that Duran & Venables, is willing to hold their bid price for the 1999 Vessing Road Improvement Project, through April 15th, 2000. If you have questions, please do not hesitate to call me at 408-934-7300. ~'Markk/. ~etersen Chief Estimator DURAN & VENABLES INCORPORATED 261 BOTHELO AVENUE · MII.PITAS, CA 95035 (408) 934-7300 · CA. LIC. 375068 A AWARDED BY CiTY COUNCIL: Date: April~ =, 2000 CiTY OF SARATOGA: ATTEST: CONTRACTOR: City Clerk The foregoing Contract is approved as to form this day of 2~ uO0. Title License No. City Attorney Tax iD or SSN "Funds verified Finance Office Date " Contract No. 19 Attachment 2 CiTY OF SA~RA~GA SANTA CLA_P_A COLrNTY, CALIFORNiA CONTRACT FOR PUBLIC WORKS CONSTRUCTION VESSING ROAD IMPROVEMENTS THIS ~ ...... ~u~~, made this 5=h day of April, 2000, bv aha ~_w~ 5he Ci5y of Saratoga, a Municipal Corporation, in Sanna Clara County, California, hereinafEer called zhe ~'~ ~l~y, and Duran and Venabies, Inc. hereinaf5er called the Conuractor. WITNESSETH: WHEREAS,nhe City has caused to be prepared in the manner pre- scribed bv~ law, ~Dians, specifications and other contract ~c~ .... menns, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be~published in the manner and for "~h~= time recuired by law, a Notice Inviting Sealed Bids for doing nhe work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10%) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a con5ract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 17 ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications ("Changes and Extra Work"), the City shall pay the Contracnor according nc the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from 5he work or from action of the elements, or from any-unforeseen obsu~-z~ ~ or difficul5ies which may be encountered in the prosecution of 5he work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for ~e__, !] and faithfuily ~Derforming and co~Dleting the work wi5hin the time frame specified in the Notice to Proceed, all according ~o the contract plans and specifications, the details and ins5ruc- tions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 6. 2. Bid Proposal 7. 3. Bidder's Bond or Bid Guaranty 8. 4. Contract for Public Works 9. Construction !0. 5. Hold Harmless Clause 11. Performance Bond Labor and Material Bond Plans Specifications Insurance Certificates Prevailing Wage Rate In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 18 Attachment 1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: APRIL 5, 2000 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM MGR.:! CITY AD~ DEPT. HE SUBJECT: Kevin Moran and Gardiner Park Play Area Improvements - Award of Construction Contract RECOMMF. NDF~I) 1. Move to declare Playgrounds Unlimited to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Playgrounds Unlimited in the amount of $268,786.93. 3. Move to authorize staff to execute change orders to the contract up to $20,000. REPORT `qI1MMARY: Sealed bids for the Kevin Moran and Gardiner Park Play Area Improvements were opened on March 28, 2000. A total of four contractors submitted bids and a summary of the bids received is attached (Attachment 1). Playgrounds Unlimited of Sunnyvale submitted the lowest bid of $268,786.93, which is 11.7% above the Engineer's Estimate of $240,715. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated February 23, 2000. The Parks and Recreation Commission has approved the project plans and the scope of work at both parks. It is therefore recommended that the Council declare Playgrounds Unlimited to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staffto execute change orders to the contract up to an amount of $20,000 to cover any unforeseen circumstances, which may arise during the course of the work. IMPACT.q: Funding for this work is programmed in the adopted budget in Capital Project No. 9704 (Park Development Projects) - Account No. 4010 (Contract Services). The adopted budget contains sufficient funds to cover the contract and recommended change order amounts. ADVERTISING. NOTICING AND PI~RI.IC CONTACT: Nothing additional. CON~qEQIYENCE.q OF NOT ACTING ON THE RECOMMENDED MOTIONS: Play~ounds Unlimited will not be declared the lo;vest responsible bidder and a construction contract ;';'ill not be awarded to that finn. The Council may. make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staffto re-bid the entire project. However, staffdoes not believe that a lower bid will be obtained by re-bidding the project due to the competitive nature of the current bids received. AI.TFRNATIVE ACTIONS: None in addition to the above. FOI,I.OW UP ACTIONS: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin in April and last througah the be~nning of July. ATTACHMENTS: 1. Bid Summary. 2. Construction Contract. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Attachment 1 CI'TY OF ~,RATOGA BZD SUMMARY: Kewn Moran and Gardiner Park play Aria lmlxov~ents BZD OPENING DATE: Morch 28,2000 TEEM DESCRZPT/ON QuANTTTY UNZTS , REMOVAL OF EX. STRUCT., EQUIP. · AND TREES PER DEMO. PLAN ROUGH GRAD]:NG ]INSTALLATION OF A SUBDRA/N · SYSTEM [NSTALLAT/ON OF A 3' AC PATH W/ 4 ' CLASS T! BASE ROO( 450 1,785 670 SF ZNSTALLAT~ON OF A pLAYAREA SF SURFACE W/BASE P.C.C CURB 266 LF lrNSTALLATZON OF A KEYSTONE 325 LF RETAZNTNG WALL W/BASE ROCt( TNSTALLAT~ON OF LATERAL L/NES TNSTALLATZON OF SI'TE L.TGHT/NG 1tNSTALLATZON OF PLAYSYRUCTURES ENGINEER'S EST/MATE UNI'T PR/CE TOTAL SI0,000.00 $10,000.00, $25.00 $11,250.00, $4,000.00 $4,000.00 $8.00 $14,280.00 S15.00 S10,050.00 S30.00 S7,980.00 S25.00 $8,125.00 , EA , , $500.00 , $1,800.00 , I , LS , , S10,000.00 , $10,000.00 , I , LS , , S10,000.00 , S10,000.00 , · pLAYGROUNDS UNITMrI~D , LONE STAR LANDSCAPE UNI'T PR/CE, TOTAL UNIT PR/CE TOTAL S6,0S6.00 , S6,056.00 , S33.33 , S14,998.50 , S15,000.OO SIS,000.00 S18,000100 $40.00 S5,233.00 S5,233.00 S1,620.00 Sl,620.00 , S7.69 S13,726.65 S3.70 S6,604.S0 $18.18 S12,180-60 $19.00 S12,730.00 $35.50 , S9,443.00 , S14.00 . S3,724.00 S19.92 $6,474.00 S53.50 S17,387.50 $425.00 S850.00 , TNSTALLAT~ON OF A DR/NK~NG FOUNTA/N W/PLUMBING sg00.00 Sl,800.00 S13,865.00 S13,865.00 sg,700.00 S9,700.00 , ZNSYALLATZON OF A SAND CUSHZON , $25,000.00 S25,000.00 , ZNSTALLATZON OF A PARK BENCH Sll,050.00 1 ,LS , , $3,500.00 , $3,500.00 , $3,155.00 , $3,155.00 ,$4,750.00 S11,050.00 . S4,750.00 S10,763.00 S3,810.00 188 , CY , , S50.00 ,$9,400.00 , S69.91 , S13,143.08 , S57.25 3 , EA ,, Sl,800.00 , $3,000.00 , $1,400.00 , $4,200.00 , Sl,270.00 MORAN PAI~ 14. INSTALL.AT/ON OF A TRASH 3 , EA , , Sl,000.00 , $3,000.00 , $1,450.00 , $4,350.00 , S1,350.00 S4,050.00 CONTA,~NER , , 15. PRESCHOOL STRUCTURE & I , LS , , S18,751.00. S18,751.00, S18,751.00, $18,751.00, S18,751.00 S18,751.00 SWZNGS AS SPECZF/ED ON PLANS , , 16. SCHOOL AGE STRUCTURE AS I , LS , , S32,208.00, $32,208.00, S32,208.00, $32,208.00, S32,208.00 S32,208.00 SPECZF~ED ON PLANS ,, 17. REMOVAL OF EX. STRUCTURES & I , LS ,, S5,000.00, SS,000.00, $10,415.00, $'10,415.00 , S18,000.00, S18,000.00 GARDZNER PARK 19. ZNSTALLAT'[ON OF A PLAYGROUND , 403 , SF ,, $15.00, $6,045.00, S19.74, $7,955.22, S20.50, S8,261.S0, SURFACE W/BASE ,, 20. INSYALLATZON OF A KEYSTONE 186 , LF ,, $25.00, $4,6S0.00, $47.03, $8,747.$8, $50.S0, $9,393.00, 21. ZNSTALLATZONOFAPLAYGROUND , I , EA ,, $8,000.00, $8,000.00, $8~00.00 , $8~00.00 , $9,925.00, $9,925.00, 22. ZNSTALLATZONOFDRZNKZNG , I , LS ,, $3,500.00, $3,S00.00, $3,155.00, $3,155.00, $4,825.00, $4,825.00, ·FOUNTAZN (INC. PLUM. AND DRAZN) ,, 23. ZNSTALLATZON OF A SAND CUSHION , 150 , Ct' ,, S50.00 , S7,S00.00, s6g.73 , $10,459.50, S57.25 , $8,S87.50, 24. ZNSTALLATZON OF A BENCH 2 , EA ,, Sl,000.00, S2,000.00, $1,400.00, S2,800.00 , S975.00, Sl,950.00, 25. SCHOOL AGE STRUCTURE (LOWER I , LS ,, S37,260.00, $37,260.00, S37,260.00, S37,260.00, $37,260.00, S37,260.00, ,AREA) AS SPECZFZED ON Pt. ANS ,, 26. PRESCHOOL STRUCTURE (UPPER I , LS ,, ~8,816.00, $8,816.00, $8,816.00, ~8,816.00, S8,816.00, $8,816.00, ,AREA) AS SPECZI:/ED ON PLANS ,, ·, , $240,715.00, $268,786.93, , $294,030.00, TOTAL ,, 5. 6. 7. 8. 10. 12. 13. 14. 15. 16. 17. 15. 19. 20. cTrY OF SARATOGA - '--'"---- SZD SUMMARY: Kevin Moran and Gardiner park Play Area B~D OPENZNG DATE: I~lrCh 28,2000 ZTEM DESOLTPT~ON REMOVAL OF EX. STRUCT., EQU~'P. · AND TREES PER DEMO· PLAN ROUGH GR~DZNG ZNSTALLATZON OF A SUGDRAZN , SYSTEM ZNSTALLATZON OF A 3' AC PATH W/ 4 ' Cl..ASS ZZ BA~E ROCX ENGTNEER'S ES'~MATE · BLOSSOM VALLEY CONST. .lENS HANSEN QUANTTrY UNTTS · UNIT PR.ZCE , TOTAL UNIT PRZCE TOTAL 45O S10,000.00 510,000.00 , $24,181.00 S2S.0O $11,250.00 , S4,000.00 S4,000.00 , S50.00 ZNSTALLAT[ON OF A PLAYAREA SURFACE W/BASE P.C.C CURB I'NSTALLATZON OF A KEYSTONE RETAZNING WALL W/BASE ROOC ZNSTALLATLON OF LATERAL L1rNES ][NSTALLATZON OF STTE I TGHT'~NG ZNSTALLAT~ON OF PLAYSTRUCTURES S6,500.00 1,785 . SF · , S8.00 , S14,280.00 · $8.00 670 , SF S15.00 S10,0S0.00. S16.00 TOTAL UN~'PP3CE $24,181.00 $22,336.00 $22,500.00 $80.50 $6,500.00 $1,868.00 $14,280.00 S8.62 266 , LF , , $30.00 325 , LF ,, $25.00 S7,980.00 , S20.00 , S5,320.00 , SS1.75 S8,125.00 , $4Q.00 . 5t3,000.001 S61.8: ZNSTALLAT~[ON OF A DR.,TNK~NG FOUNTAZN W/PLUMBTNG 2 , EA , , S500.00, 51,000.00, S2,500.00 55,000.00, Sl,023.00 ZNSTALLA'rZON OF A SAND CUSHZON , I'NSTALLATZON OF A PARK BENCH I , LS , , S10,000.00 , $10,0Q0.00 , S15,000.00 SIS,000.00 S11,409.00 ZNSTALLAT~ON OF A TRASH I , LS , , S10,000.00 , $10,000.00 , S14,000.00 , S14,000.00 , CONTAZNER PRESCHOOL STRUCTURE & I , LS , , S3,500.00 , $3,S00.00 , S8,500.00 , S8,500.00 , SW/NGS AS SPEC~I~ED ON PLANS SCHOOL AGE STRUCTURE AS SPErTFZED ON PLANS 188 , Ct' ,. SS0.00 , $9,400.00 , $S0.00 , sg,400.00 REMOVAL OF EX. STRUCTURES & BARK MATER~T. AL PER DEMO. PLAN S10,166.00 CONCRETE ACCESSWALK S5,750.00 $103.50 3 , FA. , , S1,000.00 , $3,000.00 , S1,000.00 , S3,000.00 , SS00.00 3 ,EA , , S1,000.00 , S3,000.00 , S1,100.00 , S3,300.00 ,S250.00 I , LS , , S18,751.00 , S18,751.00 , S18,751.00 , $18,751.00 , S18,751.00 I , LS , , S32,208.00 , $32,208.00 , S32,208.00 , S32,208.00 S32,208.00 I , LS , , S5,000.00 , SS,000.00 , S19,429.00 , S19,429.00 140 , SF , , S10.00 ,$1,400.00 , S10.00 ,S1/400.00 $21,313.00 S22,336.0o S36,225-00 $1,868.00 S15,386.?0 S15,182.20 513,765.50 $20,088.25 $2,046.00 Sll,409.00 S10,166.00 S5,750.00 S19,458.00 SI,S00.00 $750.00 $32,208.00 S21,313.00 $8.04 , S1,125.60 ZNSTALLATZON OF A PLAYGROUND , SURFACE W/BASE 403 , SF ,, S15.00 , S6,045.00 , S16.00 , S6,,448.00 , S22.80 , S9,108.40 ZNSTALLATZON OF A KEYSTONE RE'rAZNZNG WALL W/BASE 186 , LF ,, S25.00 , $4,650.00 , $40.00 , S7,440.00 , S61.81 , S11,496.66 , 21. XN~ALLA~ON OFA PLAYGROUND , I , EA , , S8,000.00, S8,000.00, S14,000.00, S14,000.00, S9,131.00, S9,131.00, STRUCTURE 22. ZNSTALLAT/ONOFDILTNK]NG , I , 1.5 ,. S3,500.00, S3,500.00, S7,500.00, S7,500.00, $5,750.00, SS,750.00 FOUNTAZN (ZNC. PLUM. AND DRAZN) , · ' 23. ]rNSTALLATZONOFASANDCUSHZON, 150 , CY ,, 550.00 , S7,500.00, S60.00 , S9,000.00, S103.S0, S15,525.00, 24. ZNSTALLAT/ON OF A BENCH 2 , EA , , $1,000.00, S2,000.00, $1,000.00, S2,000.00, S500.00, Sl,000.00 , 25. SCHOOL AGESTRUCTURE(LOWER I , LS ., S37,260.00, S37,260.00, $37,260.00, $37,260.00, S37,2&0.00, S37,260.00, AREA) AS SPECZFZED ON PLANS · · 26. PRESCHOOL STRUCTURE (UPPER I , LS ,, $8,816.00, S8,816.00, S8,816.00, $8,816.00, $8,816.00, S8,816.00, ,AREA) AS SPECZFZED ON PLANS ·, ,, $240,715.00, , $318,953.00, ,$347,495.31, TOTAL K~V%N MORAN PARK GARDZNER PARK Attachment 2 CITY OF SARATOGA SANTA CLARA COUNTY, CALiFOrNiA CONTRACT FOR PUBLIC WORKS CONSTRUCTION KEViN MORA/~~ AND G~RD-'INER PARK P'.~3 ~REA IMPROVEMENTS THiS =ON_RA~T, made this 5'~ day of April, 2000, by and the City of Saratoga, a Municipal Corporat;ion, in San~a Clara County, Ca!iforni. a, hereinafter called the City, and Playgrounds Unlimited hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused no be prepared in the manner pre- scribed by law, plans, specifications and other contract docu- ments, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Nonice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, nhe Contractor in response to said Notice has submitned to the City a sealed bid proposal accompanied by a bid guaranny in an amount not less than ten percent (10%) of the amounn bid for 5he construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has denermined and declared the Contractor t© be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 17 ~RTICLE ii. CONTPJICT ~RiCES Except as provided in "~ iV of ~ .... on B the Specifications "Chances and Extra Work"), the City shall_ ~oav. the Contractor =n~ prices stated in the bid proposal submitted by the Ccnnractcr, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such pay~.ent as full compensation for ~!~- materials and auD~iances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficu!5ies which may be encountered in the prosecusion cf the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for al! liabi!i- nies and other insurance; for all fees or royalties cr other ex- penses on account of any patent or patents; for al! overhead and other expenses incident to the work and expected profits and for well and faithfully performing and compleuing the work wmnhin the time frame specified in the Notice to Proceed, all according no the contract plans and specifications, the details and instruc- tions, and the requirements of the City. ARTICLE III PARTS OF THE CONTRA~: Tha5 the compie5e contract document consists of the following: 1. Notice Inviting Sealed Bids 6 2. Bid Proposal 7 3. Bidder's Bond or Bid Guaranty 8 4. Contract for Public Works 9 Construction 10 5. Hold Harmless Clause 11 Performance Bond Labor and Manerial Bond Plans Specifications Insurance Certificates Prevailing Wage Rate In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. 18 A~f~R~E~ BY CITY COUNCIL: Date: A_~!~ 5, 2000 CITY OF SARATOGA: ATTEST: CONTRACTOR: City Clerk foregoing ~ - ~ ~ ..... on~ra~ ~s approved as to form 5his day of 2000. By. Title License No. City Atsorney Tax iD or SSN "Funds verified Finance Office Date " Contract No. 19 SARATOGA CITY COUNCIL EXECUTIVE SUMNLM~Y NO. MEETING DATE: March 15, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM _~F-_~ CITY MANAGER: ~..~_'~~d...~ ~ .~ ~---~ PREPARED BY: Ci~' Cl,.~r~l~..., SUBJECT: APPROVAL OF COUNCIL MINUTES RECOMMENDED MOTION(S): Approve subject minutes. REPORT SUMMARY: Attached are the draft minutes of March 15TM and March 21s'. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: None CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Minutes will not be approved. FOLLOW UP ACTIONS: None ATTACHMENTS: Subject minutes NLTNUTE5 SARATOGA CZTY COUNC]:L MARCH 15, Z000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. for the purpose of discussion on Boguslaw & Barbara Marcinkowski v. City of Saratoga, et al - Existing Litigation Gov't. Code 54956.9(a), Santa Clara Superior Court No. CV783661; Consideration of Initiation of Litigation - Gov't, Code 54956.9; and Saratoga vs. Hinz - Existinq Litigation - GoVt. Code 54956.9(a) Santa Clara Superior Court No. CV784560. Mayor's Report on Closed Session - 7:02 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regular City Council meeting to order at 7:04 p.m. and requested Councilmember Baker to lead the Pledge of Allegiance. ROLL CALl, PRESENT: Ann Waltonsmith, Evan Baker, Nick Strait, ,Tohn Mehaffey, Stan Bogosian. ABSENT: None ALSO PRESENT: Bill Norton, Interim City Manager Richard Taylor, City Attorney Carol Ann Butler, tnterim City Clerk ~Tames Walgren, bit. of Community Development Mary ,To Walker, bit. of Administrative Services ,Tohn Cherbone, bit. of Public Works CiD' Council Minutes March 15, 2000 REPORT OF CITY CLERK ON POSTZNG OF AGENDA FOR MARCH 1, 2000 Carol Ann Butler, ;Enterim City Clerk, reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of March 15, 2000 was properly posted on March 10, 2000. COMMUNICATZON$ FROM COMMI$5ION5 & PUBL.I~¢ Edward Hand, Representing West Valley Light Opera Ass'ri. Mr. Hand discussed suggestions for theater improvements to the Civic Theater. He submitted a letter to the Clerk outlining proposed suggestions. Mr. Hand stated the WVLOA would like the Council to consider improvements in next year's budget cycle. He indicated the group is willing to meet with staff and discuss suggestions. Mayor Bogosian directed staff to place the letter received from Mr. Hand on a future Council agenda. Chris Hawks, 20390 Blouer Drive Mr. Hawks commented on the continuous nuisance of existing lighting at the Argonaut 5hopping Center. Mr. Hawks noted the lighting is on 24 hours o day. He said this is an example of complete ineffe~ess of the center's owner. Mr. Hawks commented the lighting is at th~ the facade which is ;>5'-30' off the ground and is in violation of the zoning ordinance. He added the lighting is polluting the neighborhood and is hoping the City wil~_~oke action. Bert Mortal, 14420 Fruitvale ~"~ Mr. Mattel addressed the notice sent out by the City regarding connection to sanitary sewers. He referred to the article in The 5arato~lan being non-informative. He added that 477 property owners were noticed to connect up to sanitary sewers within 180 days. He expressed his frustration on the notification timeframe and his concern that realtors were notified prior to the property owners. The following speakers represented 5EIU/Library staff and addressed the ~Toint Powers Authority for the Library System. The speakers requested Vice Mayor Mehaffey, the City representative, to direct the ,TPA to create codes for the SEZU workers to comply with contract. Ci~' Council Minutes March 15. 2000 Carlos Hernandez Elizabeth Reese Rosemory Romo Kenneth ~lenn 2960 N. First St., San ,Tose 2960 N. First St., San ,Tose 2960 N. First St., San ,Tose 2960 N. First St., San ,Tose Written Communications - None Oral Communications - Council Direction to Staff - None CONSENT CALENDAR - 7:26 p.m. lA. APPROVAL OF MTNUTE$ - REGULAR MEETING OF MARCH 1, 2000. STAFF RECOMMENDA T't. ON That Council approve minutes of March 1, 2000, as submitted. Councilmember Woltonsmith removed Ttem lA from the Consent Calendar. Councilmember Waltonsmith corrected Page 9, item SA, ;)rd paragraph to read as follows: Councilmember Waltonsmith concurred with Councilmember 5trait on the need for revitalization and focus on commercial areas, but sees the need for a moratorium. Councilmember Waltonsmith corrected Page 15, item 10B(3), 2nd sentence to read as follows: 5he added they want to be on board with the plan but need conclusions, want the plan to be doable and want a sense of being in control of the discussion. Ci~' Council Minutes lB. lC. March 15.2000 Vice Mayor Mehaffey corrected Page 14, item 9D to odd asterisk to the corrected minutes. Vice Mayor Mehaffey corrected pnge 15, item lOB1), correct spelling to Shat. MEHAFFEY moved minutes of March ~[,~20000~be approved as corrected, seconded by STREIT and carried unanim~t .~.. APPROVAL OF ~INUTE5 - SPECIAL MEI_~I-ZNG OF MARCH 6, 2000. STAFF RECOMMENDATION That Council approve the minutes of March 6, 2000, as submitted. Vice Mayor Mehaffey removed Item 1B from the Consent Calendar. Vice Mayor Mehaffey requested the names of the interviewed recruitment firms be listed in the minutes. 5TRETT moved minutes of March 6, ZOO0, be approved as corrected, seconded by WALTONSMITH and carried with MEHAFFEV abstaining. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAVID M. MOYER FOR AGRONO/,/LIC SERVICES, NOT TO EXCEED $17,955. (CONTINUED FROM COUNCIL MEETING OF MARCH 1, ZOO0) STAFF RECOMMENDATION: That Council approve the agreement. Vice Mayor Mehaffey removed item 1C from the Consent Calendar. Vice Mayor Mehaffey indicated the name of the contractor was not listed in the agreement and that Exhibit "C" was not attached. Bill Norton, Tnterim City Manager, indicated that Exhibit "C" was not applicable, therefore was not attached. Richard Taylor, City Attorney, noted that Exhibit "C' would be included and noted as non-applicable. City Council Minutes MEHAFFEY moved approval of the oqreement os STREIT and carried unanimously. March 15. 2000 amended, seconded by ID, AGREEMENT TO PROVZDE AUDZq-ZN& SERVZCE5 THE AMOUNT OF $47,080. STAFF RECOMMENDATION FOR FY99/O0 FOR That Council approve the agreement with Maze & Associates Accountancy Corp. Vice Mayor Mehaffey removed item 1D from the Consent Calendar. Vice Mayor Mehaffey referred to Agreement (1) 5cope of Work, first sentence, that year(s) should reflect year. Vice Mayor Mehaffey noted contract did not reflect a retention paragraph. Mary .To Walker, Director of Administrative Services, indicated the contract was paid on a percentage of completion basis. MEHAFFEY moved approval of aqreement with Maze & Associates Accountancy Corp., seconded by 5TREIT and carried unanimously. OLD BU$INE55/PUBLT. C HEAl. N65 CONT~NUATZON OF CONS'rDERA'rlON OF ADOPT'J:ON OF INTERIM MORATOR.T. UM ORDINANCE ON RESTDENTZAL DEVELOPMENT OF COMMERCT. ALLY DESTGNATED LAND. STAFF RECOMMENDATION That Council adopt the interim ordinance. Richard Taylor, City Attorney, presented staff report and reviewed timeframe on moratorium and noted that August ZZ, ?000 was the deadline for placing a Council measure on the November, 2000, ballot. Cie,- Council Minutes March 15. 2000 ,Tames Walgren, birector of Community bevelopment, noted that applications received after March 1, 2000, would be put on hold. Councilmember Waltonsmith asked Mr. Walgren if the moratorium objectives cover the permitted uses as well as conditional uses of the Village. Mr. Walgren indicated the moratorium covered both. Vice Mayor Mehaffey questioned the definition of A Zoning. Mr. Walgren indicated it was agricultural holding zoning for the Williamson Act property. Councilmember Streit asked Mr. Walgren how many properties might be involved in the moratorium that haven't been previously developed within the last 10 years. Mr. Walgren indicated a summary had been provided to Council that indicated properties subject to the moratorium. He estimated not more than a handful in the Gateway and in the Village. Mayor Bogosian declared the public hearing opened at 7:50 p.m. Appearances: Betty Feldheym, 20184 Franklin Avenue Mrs. Feldheym expressed opposition to the moratorium. 5he stated the properties should be handled on an individual basis. Mrs. Feldheym stressed the need foe Iow and moderate housing in these developments. Eugene Zambetti, 14575 Oak .Street Mr. Zambetti requested Council eliminate CH-;> zoning in the Village from the moratorium. Nat Abrams, 14264 Taos Drive Mr. Abrams indicated he was the owner of the parcel noted on .Saratoga Avenue. He expressed opposition to the moratorium. Mr. Abrams added he has owned the property since 1962 and would like to develop it properly. He concluded that the problem is in Azule Crossing. The public hearing was declared closed at 8:05 p.m. Ci~' Council Minutes March 15. 2000 Councilmember Baker indicated he was in favor of a short-term moratorium with a measure to be placed on the November 2000 ballot. Baker added that it's good business management to have the moratorium through the end of this year and that it go before the voters. Councilmember Strait indicated he doesn't see the urgency in the adoption of the interim moratorium or necessity for a citywide moratorium. Strait stressed the importance of focusing on redeveloping properties; vitalizing commercial retail and adding needed parking. Strait added the need for the City developing a Redevelopment Agency. Vice Mayor Mehaffey commented that he did not see the need for an urgency ordinance, however, did see the purpose of the moratorium setting expectations. Mehaffey agreed on vitalization of the Village and Gateway and stated he would be supporting a moratorium. Councilmember Waltonsmith indicated she would like the moratorium to be the beginning of redevelopment and revitalization. Waltonsmith wants commercial space, and a vital community not a bedroom~ community for San ,Tose or Cupertino. Waltonsmith added the City(~..~' ready for a BMR plan Mayor Bogosian indicated he would be supporting the moratorium to go into effect immediately, with the measure to be placed on November 2000 ballot for voter approval. Title of Ordinance No. 196A: AN INTERIM ORDINANCE PROHIBITING THE APPROVAL OF SPECIFIED RESIDENTIAL DEVELOPMENT PROJECTS ON COMMERCIAL LAND AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY. BAKER moved adoption of Ordinance No. 196 with the modification that the ordinance doesn't include applications prior to March 15, 2000, seconded by WALTON.SMITH and carried with STREIT dissenting. 7 City Council Minutes March 15. 2000 Vice Mayor Mehaffey indicated he would like to revisit this issue with in 45 days. REQUEST FOR CONTZNUANCE OF LZU (APPLZCANT) KWONG (APPELLANT) APPEAL HEAliNG. STAFF RECOMMENDATION That Council grant continuance to Council Meeting of April 19, 2000, per Council adopted continuation policy. ~Tames Walgren, Director of Community Development, presented staff report. The public hearing was declared opened and closed at 8:50 p.m. 5TRE]~T moved continuance be granted to the Council meeting of April 19, Z000,seconded by BAKER and carried unanimously. Mayor I~ogosian declared a 10-minute recess at 8:40 p.m. reconvening at 8:50 p.m. with all Councilmembers present. APPROVAL OF RESOLUT'ZON FOR TRANSPORTA'i-ZON FUND FOR CLEAN AIR CTFCA) PROGAM MANAGER FUNDS (40%). STAFF RECOMMENDATION That Council adopt the resolution. Chris Korn, Administrative Analyst, presented the staff report. Appearances: Steve Blaylock, representing ALTRANS, was available for Council questions. Councilmember Waltonsmith inquired about monies for covered bus stops. Mr. Blaylock indicated it was not currently in the budget, but he could recommend this to the advisory committee. 8 City Council Minutes March 15. 2000 Title of Resolution No. 00-015: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY TO APPLY FOP, TRANSPORTATION FUND FOR CLEAN AIR (TFCA) - PROGRAM MANAGER FUNDS (40%) FOR THE PURPOSE OF CONTINUING THE ALTRANS TRIP REDUCTION PROGRAM AT K-12 SCHOOLS AND SANTA CLARA COUNTY COLLEGES. MEHAFFEY moved adoption of Resolution No. 00-015, seconded by STREIT and carried unanimously. APPO]:NTMENT OF REPRESENTAT]:¥E TO THE ADV]:$ORY COUNCIL OF THE COUN6"J:L ON A~TN~. . STAFF RECOMMENDATION That Council appoints Berry as representative to Advisory Council. Bill Norton, Interim City Manager, presented the staff report. STREIT moved appointment of $han Berry to the Advisory Council of the Council on Aqinq, seconded by BAKER and carried unanimously. PROPO$ED RELINC~UT$HMENT OF $ARATO~A-$LINNYVALE ROAD (FORMERLY $TATE RT. 8§) STAFF RECOMMENDATION That Council directs Interim City Manager and staff to take appropriate action. ,Tohn Cherbone, Director of Public Works, presented the staff report. Appearances: Betty Feldheym, 20184 Franklin Avenue Mrs. Franklin expressed her pleasure on the proposed relinquishment. 9 Ciq' Council Minutes March 15.2000 ,Teffrey Walker, 20451 Seagull Way Mr. Walker commented on the relinquishment being a fantastic offer and he would like to see sidewalk improvements immediately. Mr. Walker added the railroad crossing to the Argonaut Center is impassable and needs immediate attention. Mildred Perry, 20615 Leonard Road Mrs. Perry questioned types of road to be constructed and if asphalt would be used. Bill Norton, Interim City Manager, indicated it would be an asphalt overlay, which is not a rough surface. ,Tohn Mallory, 12258 Kirkdale Drive Mr. Mallory expressed support of relinquishment and requested a traffic light be installed at Seagull prior to construction. BAKER moved approval of cooperative aqreement between CalTrans and the City, subject to final review and approval by City Attorney on CalTrans modifications, seconded by 5TREIT and carried unanimously. 5ELECTZON OF EXECU'I-J;VE SEARCH FTRM: CZTV MANAGER POSTT~ON. STAFF RECOMMENDA'rTON That Council authorize the Interim City Manager to execute a contract between the City of Saratoga and Hughes, Perry & Associates for an amount not to exceed $18,500 for services related to the recruitment and selection of the new City manager. Bill Norton, Interim City Manager, presented the staff report. bonald Macray (No address submitted) Mr. Macray indicated he is a former Human Resources Officer and would offer his services to the City during the recruitment process. l0 Ci~' Council Minutes March 15.2000 Title of Resolution No. 00-01SA: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING ADJUSTMENTS TO THE FISCAL YEAR 1999-00 BUDGET. STREIT moved to authorize the Interim City Monaqer to execute o contract between the City of Saratoqa and Hughes, Perry & Associates for an amount not to exceed $18,§00 for services related to the recruitment and selection of the new City Manaqer and adoption of Resolution No. 00-15A, seconded by WALTONSMITH and carried unanimously. CITY COUNCIL ITEM5 AGENDA ITEMS FOR THE NEXT AD,TOURNED MEETING - MARCH 21, 2OOO Councilmember Strait requested that staff agendize a resolution Requesting the County of Santa Clara create a Task Force for the Union Pacific Railroad trail for Santa Clara County. Councilmember Strait requested that the Parks & Recreation Chair report on Commission Activities. Councilmember Strait requested presentation on request for $29,500 for improvement of major trails in the Mt. Eden area and Parker Ranch area. This item will be placed on the agenda for the adjourned Council meeting of April 25th. OTHER Councilmember Waltonsmith requested a report to Council on revitalization and renovation of commercial land. This item will be placed on the agenda for regular Council meeting of April 5*h. Councilmember Strait requested a Council agenda item for a Construction and Demolition Recycling Plan Model Ordinance. Staff will review and report back to Council. 11 City Council Minutes March 15. 2000 Councilmember Waltonsmith requested Resolution of Endorsement of Measure F for Fire Station Building. This item will be placed on the adjourned Council meeting of March 21st. Vice Mayor Mehaffey requested a status report on noted problems at the Argonaut Shopping Center. This item will be placed, on the regular Council meeting · of April 5th. CZ'FY MANAGERS REPORT · Council Chambers furniture update. Podium needs to be replaced and additional work needed on furniture. · Water fountain donated by Saratoga Rotary was installed March l0th and dedication is being set. · The Planning Commission of March 8th was not televised due to technical difficulties with TCT/ATT. · Dedication of plaque and tree in memory of ~Tim Shaw will be scheduled for March 74th at 3:30 p.m. · Mr. Norton expressed his appreciation to his welcoming reception held on March ].4th in the Community Center. Vice Mayor Mehaffey commented on a plaque being located at the water sculpture, which indicates non-potable water is being used. Staff will follow-up. AD,TOURNMENT There being no further business, the Mayor declared the meeting adjourned at 9:§8 p.m. Respectfully submitted, Carol Ann Butler, Tnterim City Clerk 12 MINUTE5 5ARATOE, A CITY COUNCIL AD,TOURNED MEETING ,TAINT SESSION/PARK5 & RECREA'i'ZON COMMMI55ION MARCH Z1, Z000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvole Avenue at 6:00 p.m. for the purpose of discussion on Conference with Legal Counsel - Initiation of Litigation Pursuant to GoVt. Code Section 54c)56.g(cc) (One Potential Case). Mayor's Report on Closed Session - 7:02 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosion called the adjourned City Council meeting to order at 7:04 p.m. ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evon Baker, Nick 5trait, Vice Mayor ~Tohn Mehoffey, Mayor 5ton Bogosian; Commissioners Clabeaux, Ioannou, Olsen, 5eroff and Chair Alberts. ABSENT: ALSO PRESENT: Commissioners badge & Fronczak Bill Norton, Interim City Manager Richard Taylor, City Attorney Carol Ann Butler, Interim City Clerk ~Toan Pisani, Director of Recreation Mom/,To Walker, bit. of Administrative Services City Council Minutes March 21. 2000 REPORT OF CITY CLERK ON Pos'r~NG OF AGENDA FOR MARCH ?1, 2000 Coral Ann Butler, Interim City Clerk reported that ,t~j-d~o Government Code Section 554954.;>, the agenda for the meeting of ~Aarch 15,~2000 was ,properly posted on March 17, ::>000. %'-~ ~/7~o~& ~ / CO~UNZ~ONS FRO~ Oral Communications on Non-Agendized Items. No items. CEREMONIAL ITEM5 RESOLUTION OF COMMENDATION FOR LARRY FINE, FORMER HERITAGE PRESRVATION COMNLT.$$IONER. Mayor Bogosian presented Larry Fine, former Heritage Preservation Commission, with Resolution of Commendation. Title of Resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING LARRY FINE. BAKER moved adoption of resolution of commendation, seconded by 5TREIT and carried unanimously. JOINT MEETING WITH PARKS & RECREATION COMM~:$SION/$A$CC SARATOGA COMMUNITY CENTER AND SENIOR RENOVATION OR REBUILD PROJECT PRESENTATION. STAFF RECOMMENDATION CENTER That Council direct staff on preferred option. Bill Norton, Interim City Manager, noted information would be taken from the architect's presentation. He suggested Council notify staff if any additional information is needed and staff would return to Council for action to proceed. 2 Ci~' Council Minutes March 21. 2000 ~Toan Pisani, Director of Recreation, reviewed history from 1996 on task force for the Park Development Fund. Ms. Pisani noted a priority list was established and the top priority was the renovation and expansion of the center. The architectural firm of Anderson-Brule was retained. Pamela Anderson-Brule, presented proposed plans for renovation and expansion plan. Brad Cox and Anik ~Thavari, from Anderson-Brule, were also part of the presentation. Mary ~To Walker, Director of Administrative Services, reviewed funding sources for project. Councilmember 5trait commented the plan appeared to be a great start, however, there was a need to look at long-term starting from the theater over to the center, including the corporation yard. He also noted consideration of ¢-$ zoning with a gymnasium concept. 5trait added the plan should go before the voters and encouraged more focus meetings be scheduled. Vice Mayor Mehaffey agreed with Councilmember Strait and commented the need to look into the future and phase the project. Mehaffey suggested looking at what can be done with the library as part of the project. Mehaffey noted he does not want to lose the heritage orchard, but would like to bring it together. Mehaffey suggested looking at temporary facilities. Councilmember Baker commented on looking at a broader scale and creating a vision for the citizens to approve. Baker noted to do temporary fixes and then create a "dream" and encourage citizens to sign up. Councilmember Waltonsmith commented on wanting to get more space for the citizens and the importance of usina the land wisely...~ ~.~.~:~q, Pamela Anderson-Brule commented to allow ~t to be a commun,ty process and come back with visiona~ ideas. She concluded the community process be the next step. City Council Minutes March 21. 2000 ~Toan Pisani, Director of Recreation, noted staff would look at phasing and the possibility of going to the voters. Mayor Bogosian expressed interest in addressing short-term fixes, as well as safety and health needs in the building. Bogosian added the need to develop a long-range strategy for the use of this site. Bogosian noted the orchard should be left alone and consideration of maximizing the use of existing space. Bogosian concluded the need to get hard figures from the users of the existing facility. Vice Mayor Mehaffey suggested looking at the number of community facilities that have bee/~eveloped with private funds and encouraged possibility of alternativ~ tog bond financing. Councilmember Baker sugges~red contacting citizens to generate funding. Mayor Bogosian declared a recess at 8:50 p.m. reconvenin9 at 9:05 p.m. with all Councilmembers present. SUMMARY OF PARKS & RECREA'I-ZON COMMT55TON ACT~VTT~ES. (PRESENTED BY CHATRPER50N ,TUD¥ ALBERTS) Chair Alberts apprised the Council of the following: · New playground equipment for Kevin Moran and Gardner Parks · Restroom renovation at Wildwood, El C~uito and Congress Springs Parks · Reformulation at Congress Springs - turf project · Commission has Adopt-a-Park Program · May 20*h - Creek Cleanup Day sponsored by Santa Clara Valley Water District - cleanup of Wildcat Creek · April 25th - Discussion of trails; annual maintenance budget for trails, specifically at Mt. Eden and Parker Ranch; $30,000 from the Park Development Fund to be spent for reconstruction and improvement of the trail segments. Chair Alberts concluded by commenting on the improved communications between the Commission and the City. She noted this is a result of Councilmember Streit's involvement and presence at the Parks & Recreation Commission meetings. She also thanked Ca~y Bloomquist, Administrative Analyst, and Community Development staff for their support. 4 Ci~' Council Minutes March 21. 2000 Mayor Bogosion suggested either o map or tour be provided to show trail deficiencies. Councilmember Waltonsmith requested trails be placed on City website. NEW BUSINESS AUTHOI:~TTNG THE MAYOR TO SEND A LETTER TO GOVERNOR DAV~.$ TO REC~UEST PROPO$'r'I~ON 14 FUNDS FOR THE SARATOGA COMMUNITY LIBRARY. STAFF RECOMMENDATION That Council grant authorization to transmit letter to Gov. Davis. Appearance: Ann Cross, Vice-Chair/Library Commission Ms. Cross reported on Measure N's passage by 76.9% and requested Council authorization of letter to Governor Davis. I~AKER moved Mayor be authorized to transmit letter to Governor Davis. indicatinq the City of Saratoqa would like to qo on record as an applicant for the Literacy and Community Libraries (Prop. 14) grant fundinq, modifying letter to reflect more statistical data, seconded by WALTONSMITH and carried unanimously. CON$"rDERAT~.ON OF ,SAN ,TOSE WATER COMPANY RATE TNCREASE$. STAFF RECOMMENDA'I".EON That Council direct staff to take action, if any, in response to rate increase application. Richard Taylor, City Attorney, presented staff report. Mr. Taylor indicated cities are entitled to protest rate increase and file objection within Z weeks. 5 Citx- Council Minutes March 21. 2000 Councilmember Baker requested staff check with other West Valley cities on what type of action they will be taking. PRESENTATZON BY LOS GATOS-SARATOGA HIGH SCHOOL DISTI:~CT, RE: RENOVA'I'ZON AND REMODELZNG PLANS FOR SARATOGA HTGH SCHOOL. Richard Meyer, bit. Of Building Projects for Los Gatos-Saratoga High School District, introduced the following: Dr. Cynthia Ranii, Superintendent of LG-SHSD Ran Adolfson, Board Member/LG-SHSb Jeff Teal, Ass't. Supt. Of Business 5ervices/LG-SHSb Bob Crowder - Manager of building program Maureen Owens Hill - Consultant Gary Black, Traffic consultant Dustin Notoriani, 5taft engineer at LG-SHSb The presentation was on overview of the Measure B Bond Program and 5 Year Zmplementation Plan. INVTTATZON TO JOTN AMICUS BI~EF IN APARTNIENT A$$OCZA TON OF LOS ANGE£E$ COUNTY V. CZTY OF LOS ANGELES CONCERNTNG I.ZMTT$ ON CZTY FEES. STAFF RECOMMENDA T'LON That Council authorize the City to join the amicus brief being prepared by the City of San Jose in Apartment Association of Los Angeles County v. City of Los Angeles, Ca/if. Supreme Court Docket #5082645. Richard Taylor, City Attorney, presented the staff report. Mr. Taylor noted the League of California Cities writes Friend of the Court briefs in improvement matters that effect local government. BAKER moved to authorize the City to join the amicus brief beinq prepared by the City of San Jose in Apartment Assoc/otion of Los Anqeles Courtly v. C/fy of Los Anq¢les, Coli£. Supreme Court Docket #5082645, seconded by 5TREIT and carried unanimously. City Council Minutes March 21. 2000 Bo RESOLU'I-ZON REQUES'I-J:N6 COUNTY OF ,SANTA CLARA TO CREATE A TASK FORCE FOR THE UN:ION PAC'ZFTC RATLROAD TRATL FOR SANTA CLARA COUNTY. STAFF RECOMMENbA'I'T. ON Thor Council adopt the resolution. Cory Bloomquist, Administrative Analyst, presented the staff report. Appearance: ~Tim Stollman, Member/Bicycle Advisory Committee Mr. Stollmon requested Council adopt proposed resolution. Title of Resolution No. 00-016: RESOLUT'~ON OF THE CT. TY COUNCIL OF THE CITY OF SARATOGA REQUES'rZNG THE COUNTY OF SANTA CLARA CREATE A TASK FORCE FOR THE uN'roN PACT. FTC RA:[LROAD TRATL FOR SANTA CLARA COUNTY. BAKER moved adoption of Resolution No. 00-16 with the deletion of "WHEREAS, top priorities are to neqotiate easement acquisition for the Trail with Union Pacific Railroad and obtain fundinq for project development; and", seconded by BOGOSTAN ond carried unanimously. RESOLU'I-.r. ON OF ENDORSEMENT FOR MEASURE F (SARATOGA FIRE STA'I']:ON BOND). STAFF RECOMMENDA T'[.ON That Council adopt the resolution. Bill Norton, Interim City Monager, presented the staff report. ? Ciw Council Minutes March 21. 2000 Title of Resolution No. 00-017: RESOLUTION OF THE CZTV COUNC'rL OF THE CITV OF SARATOGA ENDORSING MEASURE F. Measure F (Fire Station Bond) is slotted on the April 11, 2000 ballot. 5TREIT moved adoption of Resolution No. 00-017 seconded by BAKER and carried unanimously. Mayor Bogosian acknowledged Frank Lemmon, Public Safety Commissioner, for his active involvement of this measure. AGENCY AS$1ZGNMENT REPORTS North Central Flood Control Zone Adv. Committee- Councilmember Waltonsmith ¢ouncilmember Waltonsmith reported on Comprehensive Flood Management Program and indicated that Committee started its website on March 1'* which is www.hevnoah.com. SASCC Liaison - Councilmember Waltonsmith Councilmember Waltonsmith reported on status of 5ASCC budget; fundraisers and focus on the proposed remodel. Valley Transportation Authority PAC- Councilmember Waltonsmith Councilmember Waltonsmith reported on the Bicycle Plan 2020 and the Town of Los Gatos current evaluation of the park and ride program being the future transitf,~in the downtown area. Emergency Planninq Council - Councilmember Baker Councilmember Baker indicated no meeting. 8 City Council Minutes March 21. 2000 Santa Clara County Cities A=qsn. City Selection Committee - Councilmember Baker Councilmember Baker indicated that SCCCA would be meeting March 73rd. He encouraged fellow Councilmembers to read information on the regional housing needs. West Valley Sanitation District - Councilmember Baker Councilmember Baker indicated the meeting is scheduled for March 22nd. West Valley Solid Waste ~TPA - Councilmember Strait Councilmember Strait reported on funding of the Phase I Study and indicated ~TPA is requesting cities to contribute. Library ~Toint Powers Authority Board - Vice Mayor Mehafi:ey Vice Mayor Mehaffey reported on the available funding for libraries. He commented on the lawsuit brought by the County Employee's Union and noted that two-thirds of the library staff are temporary. He indicated that the ~TPA formula would allow for funding al: 1500 sq. ft. for the Saratoga library. However, inadequate funding from the ,TPA probably means that the Saratoga library will not receive its share. KSAP, Community Access TV Board - Mayor Bo~/osian Mayor Bogosian requested the KSAR letter be placed on the April 5*h agenda. Bill Norton, Interim City Manager, indicated the legal fees were under $20,000 and the KSAR Foundation Board is providing costs of the channel relocation for Council consideration. CITY COUNCIL ITEMS Mayor Bogosian requested a motion to place an urgency item on the agenda regarding TEA Bill. He indicated the State Senate would be taking testimony on April 5, ?000 and that he and Bill Norton, Interim City Manager would be attending. Cit3' Council Minutes March 21. 2000 BAKER moved approval of plocinq requested urgency item on Aqendo of March 21, 2000, seconded by WALTONSMT. TH and carried unanimously. Bill Norton, [nterim City Manager, indicated that staff was recommending contracting with a lobbyist for this issue as well as other legislative issues for a rate of $36,000 a year. BAKER moved to authorize the Tnterim Ci?y Monoqer to execute the contract to retain the lobbyist up to $36,000 a year seconded by 5TREIT and carried unanimously. Vice Mayor Mehaffey indicated that on April 4th & §th the Silicon Valley Manufacturing Group was traveling by bus to Sacramento if Mayor Bogosian and ];nterim City Manager were interested. OTHER Councilmember Baker announced the scheduled tree dedication ceremony in memory of ~Tim Shaw on Friday, March 24th at 3:30 p.m. AD,TOURNMENT There being no further business, the Mayor declared the meeting adjourned at 10:40 p.m. Respectfully submitted, Carol Ann Butler, ]~nterim City Clerk Z0 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE ORIGINATING DEPT CiO, Manager AGENDA ITEM ~ CITY MANAGER:~ PREPARED BY:Carv Bloomquist SUBJECT: Resolution approving amendment to Franchise Transfer Agreement with TCI of Cleveland, Inc. and TCI Cablevision of California, Inc., dba AT&T Cable Services and authorize the Cio- Manager to execute the Amendment. RECOMMENDED MOTION(S): Adopt a resolution approving Amendment to Franchise Transfer Agreement with TCI of Cleveland, Inc. and TCI Cablevision of California, Inc., dba AT&T Cable Services and authorize the Ci~, Manager to execute the Amendment. REPORT SUMMARY: A Franchise Transfer Agreement was entered into February 27, 1996 between the City of Saratoga and TCI of Cleveland, Inc., acting as the grantee, and TCI Cablevision of California, Inc., acting as the operator, to acquire ownership and operation of the cable television franchise in the City previously held by Brenmor Cable Partners, L.P. The CATV Franchise Transfer Agreement provided that KSAR, Saratoga's community access channel, would be carried on cable channel 6. Thereafter in 1999, TCI of Cleveland, Inc. and TCI Cablevision of California, Inc., merged with AT&T and are now doing business as AT&T Cable Services. In September 1999, a dispute arose whereby the City asserted that AT&T Cable Services was prohibited by the Franchise Transfer Agreement from relocating KSAR to cable channel 15. The City along with the Town of Los Gatos initiated a court action entitled "Town of Los Gatos and City of Saratoga v. Telecommunications ("TCI") of Cleveland, Inc., et al". The parties subsequently settled the dispute with AT&T Cable Services paying the City $95,000.00, providing up to $10,000.00 in advertising services to KSA1L and agreeing to pay $150,000.00 in the event of any future attempt to relocate KSAR. Under the settlement, the City agreed to relinquish its claim that KSAR must remain on cable channel 6. The Franchise Transfer Agreement must be amended to replace the requirement that KSAR remain at cable channel 6 with language reflecting the agreed circumstances under which AT&T Cable Services is now permitted to relocate KSAR from cable channel 6. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Resolution will not be adopted. FOLLOW UP ACTIONS: None. ATTACHMENTS: Copy of fully executed Amendment to CATV Franchise Transfer Agreement. RESOLUTION RESOLUTION OF THE CITY COL~CIL OF THE CITY OF SAIL&TOGA APPROVING AMENDMENT TO F1L'&NCHISE T1L&NSFER AGREEMENT WITH TCI CABLEVISION OF CALLFOP~NL~, INC., dba AT&T CABLE SERVICES AND AUTHORIZING CITY NL&NAGER TO EXECUTE THE AMENDMENT 'WHEREAS, the Franchise Transfer A~eement between TCI of Cleveland. Inc., TCI Cablevision of California and the CiD' of Saratoga entered into FebruaD' 27, 1996 required that KSAR, the local community access station, be carried on cable channel 6; and V~-IEREAS, in 1999 TCI of Cleveland, Inc. and TCI Cablevision of California. Inc., merged with AT&T, now doing business as AT&T Cable Services; and WHEREAS, in September, 1999, a dispute arose between the Ci~, and AT&T Cable Sen'ices whereby the Ci~' asserted that AT&T was prohibited by the Franchise Transfer Agreement from relocating KSAR to cable channel 15; and WHEREAS, the Ci~, of Saratoga and the Town of Los Gatos initiated a court action entitled "Town of Los Gatos and City. of Saratoga v. Telecommunications ("TCI") of Cleveland, Inc., et al.. seeking judicial relief in the dispute regarding channel relocation; and WHEREAS, the parties to the lawsuit subsequently entered into a settlement of the lawsuit. wherein the Ci~' a~eed, for certain consideration, to relinquish its claim that KSAR must remain on cable channel 6: THEREFORE, BE IT RESOLVED to reflect the agreement reached by the parties in settling the lawsuit, the Franchise Transfer Agreement must be amended as set forth in the attachment (Amendment to CA'I~'" Franchise Transfer Agreement and Amendment to Agreement Regarding AT&T/TCI settlement). PASSED AND ADOPTED this COL.-NCIL MEMBERS: day of .2000, by the following vote: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE CITY OF SA1L~TOGA SARa. TOGA, CALIFORNIA ATTEST: CLERK OF THE CITY OF SARATOGA SARATOGA, CALIFORNIA CITY OF SARATOGA CITY CLERK'5 OFFICE ~Aarch 21, ZOO0 To; From: Subject: Richard Taylor, City Attorney ,Tonathan Wittwer, City Attorney Tessa N~cGoldrick, Gen. N~gr., KSAR Corol Ann Butler, Interim City Clerk Settlement Agreement and Release Attached is a fully executed copy of the subject agreement; Amendment to CATV Franchise Agreement and Agreement Regarding AT&T/TCI Settlement. The original is on file in the City Clerk's Office. SETTLEMENT AGREEMENT AND RELEASF THIS SETT,L/E.j~IENrr AGREEMENT ANT) RELEASE (the "Agreement") is made effective as of th~day &March, 200,0, by and be~,een the City of Saratoaa CSarato_,za" i and Saratoga Comfnunity Access Cable TX.; Foundation CKSAR"), on one side. and TCI off Cleveland, Inc. (identified in the Complaint as "Telecommunications ('TCr) of Cleveland. Inc.") and TCI Cablevision of California, Inc., (identified in the Complaint as "Telecommunications ('TCI') of California, Inc.") (collectively, "AT&T") on the other side. RECITAL__.__SS: WHEREAS, on September 17, 1999, Saratoga commenced an action in Santa Clara Superior Court entitled .Town ofLos Gatos and City &Saratoga v. Telecommunications ("TCI") &Cleveland, Inc., et al., Santa Clara Superior Court, Case No. CV 784646 (the "Litiaation"). In the Litigation, Saratoga sought declaratory and injunctive relief, alleging, inter alta. t~at AT&T was acting in violation of the Franchise Agreement and Cable Franchise Transfer .6~eement between Saratoga and TCI of Cleveland, Inc. (as franchise grantee), and TCI Cablevision of California, Inc. (as franchise operator), by moving community access channel KSAR from its previous location at Channel 6 to Channel 15; WHEREAS, AT&T has denied and continues to deny any and all wrongdoing and liability with respect to the claims asserted by Saratoga and intended to defend vieorouslv against all of Saratoga's claims; WHEREAS, the parties have separately retained their own counsel and after consulting with such counsel have concluded that further proceedings in this action would be protracted and that they wish an amicable resolution of the action; WHEREAS, AT&T understands that the City of Saratoga needs to deft'ay direct capital costs, litigation expenses and any other costs identified by Saratoga resulting from the relocation of KSAR, and also wishes to improve telecommunication services in the City; and WHEREAS, the parties have reached a full, final and just resolution of their claims, taking into account the risks and costs of litigation, and each party is satisfied that full and fair consideration for the disputed claims is and shall be exchanged as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the promises, terms and conditions set forth herein, the sufficiency and adequacy of which is hereby expressly acknowledged, the parties agree as follows: 1) pa.vment. AT&T will make a cash contribution of Ninety-Five Thousand Dollars ($95,000) to Saratoga in the form ora check made payable to the City of Saratoga delivered to Saratoga c/o Jonathan Wittwer, Wittwer & Parkin LLP, 147 S. River Street, Suite 221, Santa Cruz, CA 95060 within ten (10) business days of the date of execution of this Agreement by Saratoga. This payment is not a franchise fee payment and is in 08777.007.0 i 05.a 1 addition to any payments that may be due under the franchise agreement, including but not limited to any P.E.G. payrnents due. The parties expressly' a~ee that this payment not an express or implied waiver by AT.&T of the five percent cap on franchise fees. 2) Advertising. AT&T will make available to Saratoga advertising spots for the purpose of publicizing the new' location of KSAR and/or programming on KSAR valued at approximately Ten Thousand Dollars ($10,000) in the aggregate based upon the scheduled rates charged to AT&T for such advertising. The ads shall be composed and produced by KSAR or Saratoga. Upon request, AT&T will provide Saratoga and KSAR with reasonable production assistance regarding up to three such ads. This production assistance shall include, at Saratoga and KSAR's election, the use of AT&T's local studio facilities, editing assistance by AT&T personnel in preparing the ad designed bv KSAR and/or Saratoga and technical assistance in formatting the ad for acceptance bv the ad agency for televising. The ads shall be nm on the major cable networks serving Saratoga and shall be assigned by the ad agency in accordance with the standard procedures used for other AT&T cable advertisements (i.e., 30 second slots, aired on a "nm of schedule basis"). Each spot will be televised within 8 weeks of KSAR's giving AT&T or the ad agency the ad spot ready for televising. AT&T estimates that this provision will result in approximately 300 30-second ads, and guarantees that, notwithstanding the S 10.000 value stated above, at least 250 30-second ads will be aired. All of the foregoing shall be in addition to ads and services previously provided by AT&T to publicize the relocation of KSAR. 3) No Pass Through. None of the costs to AT&T outlined in paragraphs one and two, above, shall be passed on to Saratoga cable customers. 4) Channel Location. KSAR shall remain at Channel 15 until September 30, 2008 (the remaining term of the existing franchise) unless one or more of the following occurs: ao Channel 15 must be provided to a broadcaster pursuant to one of the first three prongs of the existing "must-carry" regulations codified in 47 U.S.C. § 534(b)(6), namely, that a station "shall be carded on the cable system channel number on which the local commercial television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, or on the channel on which it was carried, on January 1, 1992, at the election of the station." This exception specifically excludes the language in 47 U.S.C. § 534(b)(6) which states "or on such other channel number as is mutually agreed upon by the station and the cable operator;" or b. Analog Channel 15 is eliminated or no longer exists at some point in the future; or Co The existing "must-carry" laws and regulations are amended or revised to create "must-carry" rights in Channel 15 for a station other than KSAR or Saratoga's Community Access Station. This exception specifically excludes, however, any 08777.007.0105.a 2 I 5) 6) new "must-carry" law or regulation which allows the cable operator and a broadcaster to select Channel 15 solely by mutual agreement. IfKSAR is relocated from Channel 15 during the remaining term of the existin~ franchise and none of the above specified criteria has been satisfied, and Saratoea is paid the sum Of One Hundred Fifty Thousand Dollars ($150,000). as the mutually agreed upon compensation for any relocation. Saratoga and KS:M~ shall receive at least thirry days' advance written notification of any such relocation. and the 5;150,000 shall be paid to Saratoga no later than thirty days before the relocation occurs. This payment shall be Saratoga's and/or I~S.a~R's sole and exclusive remedy for the relocation. This payment shall be owed to Saratoea for each relocation that occurs where none of the above criteria has been satisfi'-ed. AT&T shall not pass on to Saratoga cable customers the cost of anv of said agreed-upon compensation. eo To the extent that these terms and conditions are inconsistent with those set forth in Paragraph 8A of the Cable Franchise Transfer Agreement be~'een Saratoga and TCI of Cleveland, Inc. (as franchise grantee), and TCI Cablevision of California, Inc. (as franchise operator) made effective Februa_D, 27, 1996, the terms and conditions in the Cable Franchise Transfer Agreement are amended or deleted to be consistent with this Agreement, all as provided in the Amendment to the Franchise Transfer Agreement attached hereto as Exhibit A. Representations. AT&T represents that no broadcaster currently has any claim to Channel 15 under current "must-carry" requirements set forth at 47 U.SfC. § 534(b)(6). Releases. By Saratoea of AT&T. Saratoga (on behalf of itself and all of its past and present entities, subsidiaries, affiliates, directors, parmers, successors, attorneys, trustees, council members, officers, agents and representatives) hereby fully, forever, irrevocably and unconditionally releases, remises and discharges AT&T and all other defendants named in the Litigation, and all of their past and present parent entities, subsidiaries, affiliates, directors, trustees, parmers, agents, successors, attorneys, officers, shareholders, successors, attorneys, representatives and employees (collectively, the "Released AT&T Parties") from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, expenses, attorneys' fees and costs, of every kind and nature whatsoever, in law or in equity, known or unknown, suspected or unsuspected, foreseen or unforeseen, contingent or noncontingent, matured or unmanned, concealed or hidden, accrued or non-accrued, whether based on federal, state or other law, which Saratoga, or any of its past or present entities, subsidiaries, affiliates, directors, partners, successors, attorneys, trustees, officers, agents and/or representatives ever had, now have or may hereafter have, against any or all of the Released AT&T Parties, arising out of or in connection with any of the facts, circumstances, 08777.007.0105.a 3 Co' representations, statements, transactions, matters, events, acts, omissions, or failures to act, that are or were or at any time could have been alleged, included. referred to, alluded to or reflected in the Litigation regarding the relocation of communi~, access station KSAR from its previous location at Channel 6. Bv Saratoga of KSAR. Except for obligations provided herein and under the franchise agreement, if any, and in the related agreement between KS.t~R and Saratoga of the same date as this agreement, Saratoga (on behalf of itself and all of its past and present entities, subsidiaries, affiliates, directors, partners. successors, attorneys, u'ustees, council members, officers, agents and representatives) hereby fully, forever, irrevocably and unconditionallv releases. remises and discharges KSAR and all other defendants named in the Litigation, and all of their past and present parent entities, subsidiaries, affiliates, directors. trustees, partners, agents, successors, attomeys, officers, shareholders, successors. attorneys, representatives and employees (collectively, the "Released KS.M*, Parties") from any and all claims, charges, complaints, demands, actions, causes of action, suits, fights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, expenses, attorneys' fees and costs, of even: kind and nature whatsoever, in law or in equity, known or unlmown, Suspecte~! or unsuspected, foreseen or unforeseen, contingent or noncontingent, matured or unmatured, concealed or hidden, accrued or non-accrued, whether based on federal, state or other law, which Saratoga, or any of its past or present entities, subsidiaries, affiliates, directors, partners, successors, attorneys, trustees, officers, agents and/or representatives ever had, now have or may hereafter have, against any or all of the Released KSAR Parties, arising out of or in connection with any of the facts, circumstances, representations, statements, transactions, matters, events, acts, omissions, or failures to act, that are or were or at any time could have been alleged, included, referred to, alluded to or reflected in the Litigation regarding the relocation of community access station KSAR from its previous location at Channel 6. By KSAR ofAT&T. KSAR (on behalf of itself and all of its past and present entities, subsidiaries, affiliates, directors, partners, successors, attorneys, trustees, officers, agents and representatives) hereby fully, forever, irrevocably and unconditionally releases, remises and discharges AT&T and all other defendants named in the Litigation, and all of their past and present parent entities, subsidiaries, affiliates, directors, trustees, partners, agents, successors, attorneys, officers, shareholders, successors, attorneys, representatives and employees (collectively, the "Released AT&T Parties") from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, expenses, attorneys' fees and costs, of every kind and nature whatsoever, in law or in equity, known or unknown, suspected or unsuspected, foreseen or unforeseen, contingent or noneontingent, matured or matured, concealed or hidden, accrued or non- accrued, whether based on federal, state or other law, which KSAIL any of their 08777.007.0105.a 4 do eo past or present entities, subsidiaries, affiliates, directors, partners, successors, trustees, officers, agents and/or representatives ever had, now have or may hereafter have, against any or all of the Released AT&T Parties, arising o~t of or in connection with any of the facts, circumstances, representations, statements. transactions, matters, events, acts, omissions, or failures to act. that are or were or at any time could have been alleged, included, referred to, alluded to or reflected in the Litigation regarding the relocation of commtmiW access station KS.~R from its previous location at Channel 6. By KSAR of Saratoga. Except for obligations provided herein and under the franchise agreement, if any, and the related agreement between KSAR and Saratoga of the same date as this agreement, KSAR (on behalf of itself and all of its past and present entities, subsidiaries, affiliates, directors, panners, successors. attorneys, trustees, officers, agents and representatives) hereby fully, forever. irrevocably and unconditionally releases, remises and discharges Saratoga and all of its past and present subsidiaries, affiliates, elected officials, directors, trustees. council members, partners, agents, successors, attorneys, representatives and employees (collectively, the "Released Saratoga Parties") from any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, a_m'eements, promises, doings, omissions, damages, executions, obligations, liabilities, expenses, attorneys' fees and costs, of every kind and nature whatsoever, in law or in equity, known or unknown, suspected or unsuspected, foreseen or unforeseen, contingent or noncontingent, matured or matured, concealed or hidden, accrued or non-accrued, whether based on federal, state or other law, which KSAR, any of their past or present entities, subsidiaries, affiliates, directors, panners, successors, attorneys, trustees, officers, agents and/or representatives ever had, now have or may hereafter have, against any or all of the Released Saratoga Parties, arising out of or in connection with any of the facts, circumstances, representations, statements, transactions, matters, events, acts, omissions, or failures to act, that are or were or at any time could have been alleged, included, referred to, alluded to or reflected in the Litigation regarding the relocation of community access station KSAR from its previous location at Channel 6. By AT&T of Saratoga. AT&T (on behalf of itself and all of its past and present entities, subsidiaries, affiliates, directors, partners, successors, attorneys, trustees, officers, agents and representatives) hereby fully, forever, irrevocably and unconditionally releases, remises and discharges Saratoga and all of its past and present subsidiaries, affiliates, elected officials, directors, trustees, council members, partners, agents, successors, attorneys, representatives and employees (collectively, the "Released Saratoga Parties") fi'om any and all claims, charges, complaints, demands, actions, causes of action, suits, fights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, expenses, attorneys' fees and costs, of every kind and nature whatsoever, in law or in equity, known or unknown, suspected or unsuspected, foreseen or unforeseen, contingent or noneontingent, matured or unmatured, concealed or hidden, accrued or non- 08777.007.0105.a 5 7) accrued, whether based on federal, state or other law, which AT&T, any of their past or present entities, subsidiaries, affiliates, directors, partners, successors. attorneys, trustees, officers, agents and/or representatives ever had. now have or may herea~er have, against any or all of the Released Saratoga Parties. arising out of or in connection with any of the facts, circumstances, representations. statements, transactions, matters, events, acts, omissions, or failures to act. that are or were or at any time could have been alleged, included, referred to. alluded to or reflected in the Litigation regarding the relocation of community access station KSAR from its previous location at Channel 6. Bv AT&T of KSAR. AT&T (on behalf of itself and all of its past and present entities, subsidiaries, affiliates, directors, partners, successors, attorneys, trustees, officers, agents and representatives) hereby fully, forever, irrevocabh, and unconditionally releases, remises and discharges KSAR and all other defendants named in the Litigation, and all of their past and present parent entities. subsidiaries, affiliates, directors, trustees, partners, agents, successors, attorneys, officers, shareholders, successors, attorneys, representatives and employees (collectively, the "Released KSAR Parties") fi.om any and all claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, expenses, attorneys' fees and costs, of every kind and nature whatsoever, in law or in equity, known or unknown, suspected or unsuspected, foreseen or unforeseen, contingent or noncontingent, matured or matured, concealed or hidden, accrued or non- accrued, whether based on federal, state or other law, which AT&T, any of their past or present entities, subsidiaries, affiliates, directors, partners, successors, attorneys, trustees, officers, agents and/or representatives ever had, nov.' have or may hereafter have, against any or all of the Released KSAR Parties, arising out of or in connection with any of the facts, circumstances, representations, statements, transactions, matters, events, acts, omissions, or failures to act, that are or were or at any time could have been alleged, included, referred to, alluded to or reflected in the Litigation regarding the relocation of community access station KSAR fi.om its previous location at Channel 6. Future Business Dealings Between The Partie.q. This Agreement is a full and final resolution of the claims raised in the Litigation. The Litigation (and the facts, representation, statements, transactions, matters, events, acts, omissions, or failures to act that are, or were, or could have been included, referred to, alluded to or reflected in the Litigation) (collectively, the "Dispute") will not be an enumerated basis or reason given by the City of Saratoga for a denial of renewal, transfer, extension or other modification of the Franchise Agreement. The City of Saratoga will not rely upon or refer to the Dispute in any pleading or document filed or oral argument held in any subsequent judicial or administrative proceeding to justify, in whole or in part, the denial of a request for transfer, renewal, extension or modification of the Franchise Agreement. 08777.007.0105.a 6 8) 9) lo) 11) 12) Future Negotiations. Except as set forth in paragraph four above, nothing in this A~eement shall preclude future negotiations between the parties regarding channel locations for KSAR. Voluntam Dismissal. Saratoga shall cause all its claims against AT&T to be dismissed with prejudice, each party bearing its own cost and attorneys' fees and each part3· waiving all rights of appeal. Counsel shall forthwith execute and file a request for dismissal with prejudice within ten (1 O) days of receiving the payment referenced in paragraph 1 of this A~eement. No Admission of Liability. The parties understand and a~ee that this A~eement is a settlement a~eement and does not constitute an admission of any liabilit3' or any wrongdoing on the part of any of the parties. Fees and Costs. AT&T and Saratoga shall each bear its own costs and attorneys' fees incurred in the Litigation, including but not limited to costs and attorneys' fees resulting fi.om defendants' removal of the Litigation to federal court, and its subsequent remand to Santa Clara Superior Court. In the event that any litigation arises concerning the construction, implementation or enforcement of this Agreement, the prevailing part~, or parties in said litigation shall be entitled to recover against the non-prevailing party reasonable attorneys' fees and costs. General Terms and Conditions: no bo c° d° This Agreement shall be binding upon the parties and may not be abandoned, supplemented, changed or modified in any manner, orally or otherwise, except by an instrument in writing of concurrent or subsequent date signed by a duly authorized representative of the parties hereto. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors, agents, officers, trustees and directors. This Agreement, and a related agreement of the same date solely between KSAR and Saratoga, contain and constitute the entire understanding and agreement between the parties hereto concerning the subject matter of the Litigation and cancels all previous oral and written negotiations, agreements, commitments, and writings in connection therewith except that this Agreement does not modify the Franchise Transfer Agreement except as specified in paragraph 4 above. Nothing in this Agreement shall be interpreted or construed as creating any rights in KSAR that may be enforced in any manner against Saratoga. The parties affirm that no other promises or agreements of any kind have been made to or with any of them by any person or entity whatsoever to cause them to sign this Agreement and they fully understand the meaning and intent of this Agreement and that they are each duly authorized to bind the party on his behalf they have executed this Agreement. The parties respectively state and represent that they have had an opportunity to fully discuss and review and the terms of this Agreement with an attorney. The parties further state and represent that they have 08777.007.0105.a 7 carefully read this Agreement. understand the contents herein, free] v and voluntarily assent to all the terms and conditions hereof, and si_,zn o,~ their own free acts. ~ THE UNDERSIGNED ACKNOWLF. r)GE THAT THEY I-L&VE BEEN ADVISED BY THEIR LEGAL COUNSEL AN-D ARE FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542. WHICH PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WI[ICH THE CREDITOR DOES NOT ICNOW OR SUSPECT TO EXIST Eh' HIS FAVOR AT THE T~{E OF HIS EXECUTING TI-IE REIF. ASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTI-~MENT WITH THE DEBTOR. THE UNDERSIGNED, BEING AWARE OF SAID CODE SECTION. HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREL..~'DER. AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. ~. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which constitute one agreement. LN WITNESS WHEREOF, the parties have set their hand and sealed to this A~reement as of the date set forth above. - CITY OF SARATOGA Stan Bogosian Mayor Dated: _.,~' SARATOGA COMMUNITy ACCESS CABLE TV FO~'DATION By: ,..Tf.,,/,~"'..,- 8 Dated: Dated: TCI O.M~LEVISION OF C~...~ORN'IA. INC. 08777.007.0 i O$.a 9 A_PPRO\"ED AS TO FORM: COBLENT~, PATCH, D~U'FFY & BASS, LLP fen~ants Wittwer & Parkin LLP By: Jonathan Wittwer Attorneys for City of Saratoga 08777.007.0105.a 1 0 APPROVED AS TO FORM: COBLEN'TZ. PATCH, DUFFY & BASS, Bv' Richard R. Patch Attorneys for Defendants Wittwer & Parkin LLP Bv.' ffa~athan Wittwer Attorneys for City of Saratoga 10 A~fEN-DMEN"I' TO CATV FILa. NCHISE TtLa~NSFER AGR.EEMFNT This Ag'reement is made and entered into as of the last date subscribed below by and between THE CITY OF SARa, TOGA. a municipal corporation of the State of California ("CITY"). and TCI OF CLEVELAND. INC.. a Tennessee corporation ("GtL~.NTEE"). and TCI CABLEVISION OF CALIFORNIA. INC.. a California corporation as operator-in-fact ("OPERATOR"). This Agreement amends that certain CATV Franchise Transfer Agreement entered into February 27. 1996 between CITY. GRANTEE. OPERATOR, and BRENMOR CABLE PARTNERS. L.P.. a California limited partnership ("CATV FRANCHISE TRANSFER AGREEMENT"). RECITALS WHEREAS the CATV Franchise Transfer Agreement provided in paragraph 8.A. that Saratoga's community access channel would remain on cable channel 6. absent the occurrence of certain specified circumstances; and WHEREAS in that certain Settlement Agreement and Release made effective as of the ~ day of March, 2000 by and between the CITY OF SAIL&TOGA and KSAR and TCI OF CLEVELAND, INC. and TCI CABLEVISION OF CALIFORNIA, INC. ("Settlement Agreement") the parties have agreed to conditions pursuant to which Saratoga's community access channel known as KSAR formerlv located on cable channel 6 may be relocated to cable channel 15; and WHEREAS this Agreement amends the CATV Franchise Transfer Agreement to implement the Settlement Agreement; and WHEREAS Brenmor Cable Partners, L.P. a party to the CATV Franchise Transfer Agreement, by that agreement fully transferred all of its rights, title, interest, and obligations under its franchise agreement with CITY to GRANTEE and, in light of said transfer, is not a party to this agreement. AGREEMENT NOW THEREFORE in consideration of the promises, terms and conditions set forth in the Settlement Agreement and Release, the sufficiency and adequacy of which is hereby expressly acknowledged, the parties hereby agree as follows: Paragraph 8.A (Community Access Television -- PEG channels) of the CATV Franchise Transfer Agreement is hereby deleted in its entirety and replaced with the following: Exhibit A to Settlement Agreement and Release I itlBIT A KSAR Channel Location: GRANTEE and CITY a~ee that KSAR shall remain at Channel 15 until September 30, 2008 (the remaining term of the existing franchise) unless one or more of the following occurs: i) Channel 15 must be provided to a broadcaster pursuant to one of the first three prongs of the existing "must-carry" regulations codified in 47 U.S.C. § 534(b)(6), namely, that a station "shall be carried on the cable system channel number on which the local commercial television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985. or on the channel on which it was carried on January 1, 1992, at the election of the station." This exception specifically excludes the language in 47 U.S.C. § 534(b)(6) which states "or on such other channel number as is mutually agreed upon by the station and the cable operator:" or ii) Analog Channel 15 is eliminated or no longer exists at some point in the future: or iii) The existing "must-carry" laws and regulations are amended or revised to create "must-carry" rights in Channel 15 for a station other than KSAR or Saratoga's Community Access Station. This exception specifically excludes, however, any new "must-carrv" law or regulation which allows the cable operator and a broadcaster to select Channel 15 solely by mutual agreement. iv) If KSAR is relocated from Channel 15 during the remaining term of the existing franchise and none of the above criteria has been satisfied, and Saratoga is paid the sum of One Hundred Fifty Thousand Dollars ($150,000), as the mutually agreed upon compensation for any relocation. Saratoga and KSAR shall receive at least thirty days' advance written notification of any such relocation, and the $150,000 shall be paid to Saratoga no later than thirty days before the relocation occurs. This payment shall be Saratoga's and/or KSAR's sole and exclusive remedy for the relocation. This payment shall be owed to Saratoga for each relocation that occurs where none of the above specified criteria has been satisfied. AT&T shall not pass on to Saratoga cable customers the cost of any of said agreed-upon compensation. IN WITNESS WHEREOF, the parties have set their hand and seal to this Agreement as of the date set forth above. Exhibit A to Settlement Agreement and Release 2 THIS AGREEMENT may be executed in counterparts, each of which shall constitute an original, but all of which constitute one agreement. Dated: THE CITY OF SARATOGA. a municipal corporation of the State of California Dated: Mavor City Clerk TCI OF CLEVELAND, INC. a Tennessee corporation By: Dated: TCI CABLEVISION OF CALIFORNIA, INC., a California corporation By: 207741 v01.PA (4G@L01 !.DOC) 3/2/00 6:15 PM (95267.0001) Exhibit A to Settlement Agreement and Release THIS AGREEMENT ma)' be executed in counterparts, each of which shall constitute an original, but all of which constitute one agreement. Dated: THE CITY OF SAR&TOGA. a municipal corporation of the State of California By: Mayor Dated: Dated: Attest: City Clerk TCI OF CLEVELAND, INC. a Tennessee comoration TCI CABLEVISION OF CALIFORNIA, INC., a Califo~ corporation2 08777.007.0106.a 3 AMF. N-DMENT TO CATV FRANCHISE TIL~NSFER AGREEMENT This A~eement is made and entered into as of the last date subscribed below by and between TIlE CITY OF SARATOGA. a municipal corporation of the State of California ("CITY"). and TCI OF CLEVELAND. INC.. a Tennessee corporation ("GIL~.NTEE'). and TCI CABLEVISION OF CALIFORNIA. INC.. a California corporation as operator-in-fact ("OPERATOR"). This A~eement amends that certain CATV Franchise Transfer Agreement entered into February 27.1996 between CITY. G1L~NTEE. OPERATOR, and BRENMOR CABLE PARTNERS. L.P.. a California limited partnership ("CATV FRANCHISE TRANSFER AGREEMENT"'~. RECITALS WHEREAS the CATV Franchise Transfer Agreement provided in paragraph 8.A. that Saratoga's community access channel would remain on cable channel 6. absent the occurrence of certain specified circumstances: and WHEREAS in that certain Settlement Agreement and Release made effective as of the ~ day of March, 2000 by and between the CITY OF SARATOGA and KSAR and TCI OF CLEVELAND, INC. and TCI CABLEVISION OF CALIFORNIA, INC. ("Settlement Agreement") the parties have agreed to conditions pursuant to which Saratoga's community access channel 'known as KSAR formerly located on cable channel 6 may be relocated to cable channel 15; and WHEREAS this Agreement amends the CATV Franchise Transfer Ag-reement to implement the Settlement Agreement; and WHEREAS Brenmor Cable Partners, L.P. a party to the CATV Franchise Transfer Agreement, by that agreement fully transferred all of its rights, title, interest, and obligations under its franchise agreement with CITY to GRANTEE and. in li_oht of said transfer, is not a party to this agreement. AGREEMENT NOW THEREFORE in consideration of the promises, terms and conditions set forth in the Settlement Agreement and Release, the sufficiency and adequacy of which is hereby expressly acknowledged, the parties hereby agree as follows: Paragraph 8.A (Community Access Television -- PEG channels) of the CATV Franchise Transfer Agreement is hereby deleted in its entirety and replaced with the following: Exhibit A to Settlement Agreement and Release KSAR Channel Locatio_n: G1L~,NTEE and CITY a_o-ree that KSAR shall remain at Channel 15 until September 30. 2008 (th~ remainin_o term of the existing franchise) unless one or more of the following occurs: i) ii) Channel 15 must be provided to a broadcaster pursuant to one of the fzrst three prongs of the existing "must-carry" regulations codified in 47 U.S.C. § 534(b)(6), namely, that a statioh "shall be caned on the cable system channel number on which the local commercial television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, or on the channel on which it was carried on January 1, 1992, at the election of the station." This exception specifically excludes the language in 47 U.S.C. § 534(b)(6) which states "or on such other channel number as is mutually agreed upon by the station and the cable operator:" or Analog Channel 15 is eliminated or no longer exists at some point in the future; or ~ iii) The existing "must-carry" laws and regulations are amended or revised to create "must-carry" rights in Channel 15 for a station other than KSAR or Saratoga's Community Access Station. This exception specifically excludes, however, any new "must-carrv" law or regulation which allows the cable operator and a broadcaster to select Channel 15 solely by mutual a~eement. iv) If KSAR is relocated from Channel 15 during the remaining term of the existing franchise and none of the above criteria has been satisfied, and Saratoga is paid the sum of One Hundred Fifty Thousand Dollars ($150,000), as the mutually agreed upon compensation for any relocation. Saratoga and KSAR shall receive at least thirty days' advance written notification of any such relocation, and the $150,000 shall be paid to Saratoga no later than thirty days before the relocation occurs. This payment shall be Saratoga's and/or KSAR's sole and exclusive remedy for the relocation. This payment shall be owed to Saratoga for each relocation that occurs where none of the above specified criteria has been satisfied. AT&T shall not pass on to Saratoga cable customers the cost of any of said agreed-upon compensation. IN WITNESS WHEREOF, the parties have set their hand and seal to this Agreement as of the date set forth above. Exhibit A to Settlement Agreement and Release 2 THIS AGREEMENT ma3' be executed in counterparts, each of which shal! constitute an original, but all of which constitute one a~eement. Dated: THE CITY OF SARATOGA. a municipal corporation of the State of California Dated: By: -~,~-~ Mavor Attest: a Tennessee corporation By: Dated: TCI CABLEVISION OF CALIFORNIA, INC., a California corporation By: 207741 v01.PA ¢4G~L01 !.DOC) 3/2/00 6:15 PM (95267.0001) Exhibit A to Settlement Agreement and Release 3 THIS AGREEMENT mav be executed in counterparts, each of which shali constitute an original, but all of which constitute one agreement. Dated: THE CITY OF SARATOGA. a municipal corporation of the State of Caiifomia By: Mayor Dated: Dated: Attest: Ci~' Clerk TCI OF CLEVELAND, INC. a Tennessee comoration TCI CABLEVISION OF CALIFORNIA, INC., a Califomii corporation ~ 08777.007.0106.n 3 AGREEMENT REGARDING AT&T/TCI SETTLEMENT TI{IS AGREE1VfENT ("Agreement") is made and entered into effective on March 2. 2000 (Effective Date) bv and between the Citv of Saratoga. a California municipal comorauon ("Cltx- and Saratoga Community Access Cable TV Foundation. a California non-profit corporanon ( KS.aR ). RECITALS A. The City has commenced an action in Santa Clara Superior Court entitled Town of Los Gatos and City of Saratoga v. TCI of Cleveland. Inc.. et al.. case number CV784646 ("Litigation"). In the Litigation. the City seeks declaratory and injunctive relief, alle_.c-inz, inter alia. that AT&T, successor in interest to TCI of Clevelan~l, Inc.. was acting in vzolation of certain agreements relating to the cable television franchise in the City bv moving KSAR. a commumtx access television broadcaster, from its previous cable channel location at channel 6 to channel i5. B. The parties to the Litigation have negotiated the terms of a proposed settlement thereof. which provides, inter alia, that AT&T make a cash payment to the City in the amount of Ninety- Five Thousand Dollars ($95,000), and, in the event of any future relocation(s) of KSAR. a separate cash payment in the amount of One Hundred Fi/tv Thousand Dollars ($150.000) (individually a "Payment" and collectively the "Payments"3. The terms of the proposed settlement are contained in a draft agreement entitied SETTLEMENT AGREEMENT AND REI.EASE ("Settlement Agreement"), the terms of which the parties to the Litigation desire that KSAR also agree to as evidenced by its authorized signature on the Settlement Agreement. C. The City and KSAR each desire to approve the Settlement A~eement and also to aeree to a procedure by which the City Council of the City shall cooperate with KSAR to determine how to use the Payments to enhance telecommunications services in the City. NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the sufficiency and adequacy of which is hereby expressly acknowled~,ed, the City and KSAR agree as follows: ~ ' 1. Each party hereby approves the Settlement Agreement in substantially the form attached hereto as Exhibit A. 2. Upon execution and delivery of the Settlement Agreement, dismissal of the Litigation, and receipt of the Payment, the City agrees to maintain the full amount of the Payment in an interest bearing account, and shall not expend or disburse the Payment except pursuant to the procedure described herein. 3. Within ninety (90) days of the Effective Date, the City Council of the City and the Board of Directors of KSAR shall meet in a joint study session held pursuant to the requirements of the Ralph M. Brown Act (California Government Code {}54950, et seq.) during which they shall discuss how to use the Payments to enhance telecommunications services in the City. -1- 4. Within thirty (30) days after the joint study session of the City Council and the Board of D~rectors of KSAR. or as soon thereafter as the next re_oularlv schedt~led meetm£ o£ the C~tx Council occurs, the City Council shall consider in an o~en pt~blic meeting held t~ursuant to ihe Ralph M. Brown Act an agenda item concerning how to use the Payments to enhance telecommunications sen, ices in the City. 5. Nothing in this Agreement is intended in any way to result in a dele_oation of the C:tx Council's absolute authority and discretion to determine how to use the Payments. 6. Nothing in this Agreement is intended to create anv n~,hts or extend any benefits to anx third part3- including, but not limited to. AT&T. its successors in interest, its subsidiaries, or its subsidiaries' successors in interest. . ' 7. This Agreement may be amended only by a written instrument duly executed bx each of the parties hereto. ' Ex,' WITNESS WHEREOF. the City and KSAR have duly authorized the respective signatories below to execute this Agreement as of the Effective bate. Citv of Saratoga Saratoga Community Access Cable TV Foundation. a California non-profit corporation ("KSAR') Start Bogosian, Mayor Ci~, of Saratoga Tessa McGoldrick, G?)eral Manager ATTEST: Clerk of the City of Saratoga, Saratoga, California City Clerk Approved as to Form:  Attorney J~, Assistant City -2- E. CLIPMENT SI-luTE, JR. MARK I. WEINBERO£R MARC B. MIHALY. P.C. FRAN M. RACHEL B. HOOP~R ELLEN J. GARB[R CHRI~ M. TAYLOR TAHARA 5. GALANTER [LLI~ON FOLK RICN&RO 5. TAYLOR WILLIAM J. WHI~ ROBE--S PERLMU~ER SHUTE, MIHALY ~ W'EINBERGI!R .~.TTORN;YS AT LA.W ~g6 HAYES SAN F'RANCISCO, CALIFORNIA TELEPHONE (4 I S) F'AC$1MILE. (4 1 5) WWW.$MWLAW.COM - March 20, 2000 LLP OSA L. AR~II LISAT. B£LENKY MARK A. F£NST~R KATHERINE A TRI$OLINI BRIAN A SCMMIC)T LAUREL L. IMPETT, AICP ELIZABETH M. DODD Bill Norton Interim City Manager City of Saratoga 13777 Fruitvalc Avenue Saratoga, CA 95070 Dear Bill: For your information we will be forwarding the final AT&T bill Iat~r this week. The to:al billings for the AT&T matter by the City Attorney's Office were $19,605.90. Please give me a call if you have any questions. Very truly yours, SHUTE, MIHALY & WEI~TBERGER LLP RST:sb RICHARD 8. TAYLOR SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.- MEETING DATE: April 5, 2000 ORIGINATING DEPT: COMM. DEV. AGENDA ITEM: CITY MANAGER: qnfcxn, atic, n ©nk~ '~ ~ DEPT. HEAD: James Walaren. Director SUBJECT: Planning Commission Actions, March 22, 2000 RECOMMENDED MOTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission action minutes of March 22, 2000. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action minutes. CITY OF SARATOGA PLANNING COMMISSION ACTION M IN%TES DATE: Pla, CE: TYPE: Wednesday, March~,"' 2000 - 7:30 p.m. Council Chambers/CMc Theatre, 13~ Fruit~'ale Avenue. Saratoga. CA Regular Meeting ROLL CALL PRESENT: ABSENT: STAFF: Commissioners Barn,-, Jackrnan, Kurasch. Page, Patrick, Roupe and Chair Bernald None Director \Valgen and Minutes Clerk Swanson PLEDGE OF AII FGL4NCE MINUTES - March 8.2000 OtL~kL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 17, 2000. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR DR-99-060 (397-17-008) - BARRINGER, 14535 Fruitvale Avenue; Request for Design Review and Use Permit approval to demolish an existing 2,316 square foot residence and construct a new 5,195 square foot txvo-story residence with a maximum height of 25 feet. Use Permit approval is required to allow a detached 922 square foot guest cottage in the rear yard. The propert3? is 45,292 square feet and is located within an R-I-40,000 zoning district. (CONTINUED TO 4/12/00 AT THE REQUEST OF THE APPLICANT TO MODIFY THE LOCATION OF THE GUEST HOUSE DUE TO CONCERNS OF THE REAR YARD NEIGHBORS) CONTINUANCE APPROVED 7-0. PUBLIC HEARINGS If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be hmited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the pubhc hearing. PLANNING COMMISSION ACTION MINUTES MARCH '~ 2000 PAt,: ~ o DR-00-005 (397-18-083) - BURNS/BEAN, 14765 Live Oak Lane; Request for Design Review approval to demolish an existing 3,473 square foot, single story residence and construct a new 6,000 square foot single sto~' residence with a maximum height of 26 feet. The height of the existing residence is 18 feet. The propert-y is 39.900 (net) square feet and is located within an R-I-40,000 zoning district. APPROVED 7-0. V-00-001 (510-06-035) - CHARLES, 19200 Bountiful Acres; Request for Variance approval to construct a fence over 3 feet in height within the front and exterior side yard setback. Variance approval is also requested to allow columns in excess of seven- ft.'and gates in excess of five feet xxSthin the front and exterior yard setbacks. The site is located on a 40,075 (net) square foot parcel within an R-I-40,000 zoning district. CONTINUED 7-0 TO 4/12/00. DIRECTOR ITEMS COMMISSION ITEMS COMMUNICATIONS \¥RITTEN CitT Council minutes for regular meeting of March 1 and special meeting of March 6, 2000 ADJOURNMENT AT 10:30 P.M. TO NEXT MEETING \Vednesday, April 12, 2000, Council Chambers/CMc Theatre 13/~-'77 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: APRIL 5, 2000 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM SUBJECT: VTP 2020 Call for Bike Projects - Cox Avenue Railroad Crossing Improvements Recommended Motion(s): Move to endorse the project concept for submittal to the Valley Transportation Authority for inclusion in the Valley Transportation Plan (VTP) 2020 planning document. Renort Summary: The Valley Transportation Authority (VTA) has begun the process of preparing its Valley Transportation Plan (VTP) 2020 program. VTP 2020 will be a county-wide long-range transportation plan. It will be used to schedule projects and program State and Federal funds for the next 20 years. The VTA has requested the cities and the County submit transportation projects and priorities to aid them in developing VTP 2020. The VTA will evaluate the proposed projects for inclusion in one or more of the plan alternatives, and ultimately for inclusion in the final plan. Under current funding scenarios, the first opportunity for programming new projects included in the VTP 2020 will be in the Year 2006 State Transportation Improvement Program (STIP). However, if the State Legislature's proposed $4 billion bond measure appears on the ballot, and passes in Year 2000, nearer-term oppommities may become available. The Cox Avenue Railroad Crossing Improvement Project is designed to improve the railway grade crossing and bicycle lanes at the intersection of Cox Avenue and the Southern Pacific Raikoad. A rubberized grade crossing will be installed to provide a smooth transition over the tracks. The existing barricade will be removed to allow the existing bike lanes to be continued through the intersection. With these improvements, the roadway will be safer for pedestrians and bicyclists. Member agencies submitted $411 million worth of projects for inclusion in the Bicycle Expenditure Plan portion of the VTP 2020. Of this amount, 17 projects totaling $35 million were selected as top tier projects. The Cox Avenue Railroad Crossing Upgrade Project was ranked 17th (see attached expenditure program priority list). The VTA projects approximately $27 million to be available over the next ten years for bicycle projects. By endorsing this project, the City Council will enable the project to be included in the first funding cycle for bicycle projects. A 20% local match commitment will be required when the project receives final programming. None at this time. Con~etmence.q of Not Actinu on the Recommended Motinn~: The project will not be endorsed and will lose its position on the funding list. Alternative Aetinns: The City can do the project without outside funding. Follow' Il? Action~: Staffwill submit the City's endorsement of the project to the VTA. Adverti.qinu. Notieinu and Public Contact: Nothing additional. 1. Bicycle Expenditure Program Priority List BAC ID# Sponsor iProject Title priority i : rank ~ 1 133 ~ Cupertino i Mary Avenue Bicycle Foot Bridge (over 280) !BACrecommend: RunninG Total $2 000.000: $5,700,000 172 San Jose ',Los Gatos Creek Trail (Lincoln - San Femando) 173 San Jose !Los Gatos Creek Trail (San Femando-Santa Clara) $3,000,000 $8,700,000 151 Mountain View;Stevens Creek Trail, Reach 4 North (Yuba Drive to El Camino Real $500,000 $9,200,000 !Underpass to North Meadow) 136 Gilroy iUvas Creek Class 1 Trail connection to Gilroy Sports Park (Thomas $363,1201 $9,563,120 Rd. Bridge - Gilroy Sports Park Phase 1 and 2 area) 108 Campbell i Extend Los Gatos Creek Trail on east side south of San Tomas ..... ~§00~6~ .... ~-1-~.3'~'§~-~-~6~ i~Expressway (Mozart- San Tomas) 183 Santa Clara iSan Tomas Aquino / Saratoga Creek Trail (Hwy 237 - city limits) $5,000,000 $15,363,120 7 131 Cupertino iSan Tomas Aquino - Saratoga Creek Trail (Tantau - Barnhart) $150,0001 $15,513,120i 8 195 Sunnyvale iBorregas Ave Bike / peal O/C of Hwy 101 and Rt 237 $4,700,000: $20,213,120 9 148 Morgan HilliWest Little Llagas Creek Bicycle and Pedestrian Pathway (Spring $1,200,000: $21,413,120: iRd -Watsonville Rd) 10 142 Milpitas iUnion Pacific Bike/peal overcrossing (Gibraltar- Montague) $3,000,000'- $24,413,120i 11 200 Sunnyvale iBernardo Ave Undercrossing at Caltrain tracks $1,300,000! $25,713,120! 12 102 Campbell iPedestrian / Bike improvements on Hamilton from Salmar to $1,500,000i $27,213,120! i Creekside 13 181 San Jose, !RiverOaks Bddge $200,000. $27,413,120! Santa Clara i 14 118 County Roads !Shoulder Improvements Almaden Expressway between Ironwood $2,000,000:~ $29,413,1201 and Airports iand Koch (southbound only) 15 184 Santa Clara Santa Clara Intermodal Transit Center Pedestrian Overcrossing $2,000,000i $31,413,120! 16 135 Cupertino !Union Pacific Railroad Trail (De Anza Trail) $3 400 000:- $34,813,120i 17 ~: 186 Saratoga Cox Ave Railroad Project- improve grade crossings and bicycle $100,000i $34,913,120i i !paths SA1LATOGA CITY COL~CIL EXECUTIVE SUM3LARY NO. ' MEETING DATE: APRIL 5, 2000 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: PREPARED BY: ~I~' (~ ]~?. SUBJECT: Vessing Road District initiation of condemnation proceedings Recommended Motion(s): Open and close public hearing; adopt resolution. Report ~qnmma~': Please see attached memorandums fi.om Special Counsel Nave dated September 21, 1999 along with the resolution. This is the second time this item has come before the Council. The first time was on October 6, 1999, when the motion failed by a 3-1 vote. A four-fifths vote is required before condemnation proceedings can go forward. Although very constructive talks have been initiated with Mr. Dana and Ms. Rossiter, the offer of dedication for the needed ri~mht-of-way has not been si~maed. Staff and the Ci~' Attorney are confidant that an a~eement can be worked out and that the condemnation proceedings can be abandoned. However, because construction of the project is scheduled to begin shortly and in light of the amount of time condemnation proceedings take, it has been advised by Special Counsel that initiation of the condemnation proceedings go forward in the small chance an a~eement with ~Mr. Dana and Ms. Rossiter cannot be worked out. None. C~on.qemlenee~ of Not AetinE on the Recommended Motions: The condemnation proceedings would not go forward and construction cannot commence. Alternative Actions: None in addition to the above. Follow lin Actions: Special Counsel will proceed with the condemnation process. Adver~i~ino. Noticin~ and Public Contact: Nothing additional. Attachment~: As stated. 4 MICHAEL R NAVE STEVEN R MEYERS ELIZABETH H S)LVER MICHAEL S RIBACK KENNETH A WILSON DAVID W SKINNER STEVEN T MATTAS MICHAEL F RODRIQUEZ CLIFFORD F CAMPBELL RiCK W JARVIS KATHLEEN FAUBION AICP ARNE B SANDBERG BENJAM)N P ~AY DANIEL A MULLER LIANE M RANDOLPH PATRICK WI4iTNEL; KATHARINE G ~&~LLMAN JOHN W TRU~W GARY A WA~ JLILIE L HARRYMAN ADAM b LINDGREN DIANE 9 ROLEN CLAIRE S BARDOS KEV!N R BRODEHL JULIA L BOND KATHY E MOUNT BERNADETTE S CURRY DEBORAH L RHOADS EI-EEN MANNING-VlL~,R NICOLE A TUTT Of COUNSEL ANDREA j SALTZMAN CERTIFIED APPELLATE SPECIAUST STEFAN~E Y GANDOLFi MEYERS, NAVE, RIBACK, SILVER & WILSON A PROFESSIONAL LAW CORPORATION GATEWAY PLAZA 777 DAVIS STREET, SUITE 300 SAN LEANDFIO, CALIFORNIA 94577 TELEPHONE: !510) 351-4300 FACSIMILE: (510) 351-4481 September 21, 1999 SANTA ROSA. CA 95:-? TELEPF~ONE ~707! 545-8CC9 FACS'f,',,.LE: :7C7; 5-:-5-6E: 7 CE-%~'RAL vA--Ev 5250 CLARE~.~ONT STC-C<TO['.. CA 9520' ~E~E~HO'~E :209~ 951-4083 :ACS¢.' -E: :209i Repmy To' San Leandro Mr. Larry Perlin City Mahager Cit~, of Saratoga 13¢77 Fruitvale Avenue Saratoga, CA 95070 Re: Vessing Road Permanent Easements Dana/Rossiter Property Dear Larry: Enclosed please find a copy of the Notice of Intention to Adopt Resolution of Necessitv, together xxfith the original Resolution of Necessity for consideration at the meeting of October 6, 1999. Also enclosed is a copy of a le{ter offering to Mr. Dana and Ms. Rossiter the sum of S 1,000 for the easement. I have received Todd Johnson's appraisal (see enclosed copy), and it values this easement the same as the other easements. Please advise me or Kathv Mount as soon as the resolution is adopted, and xve xx411 prepare the necessar3, pleadings; Of course, if the owners agree to execute an easement deed, it xx411 not be necessary to file an eminent domain action. M1LN:jm Enclosures .Very truly yours, M~'-:STRS~)qAVE, RIBACK, SILVER & ~'VILSON i,- / / Michael R. Nave c: Richard S. Taylor, Citv Attornev J:3.VPD M NRS~.X'273\OS0~LTR PERLI N.92 ] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF PERMANENT EASEMENTS AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS Assessor's Parcel No. 0397-06-055 (Dana/Rossiter) IT IS RESOLVED by the Citv of Saratoga, California, as follo~vs: WHEREAS, it is desirable and necessary for the City of Saratoga to acquire permanent easements for public ingress and egress and road improvements, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, in order to improve Vessing Road; WHEREAS, the City of Saratoga is vested ~4th the power of eminent domain to acquire real property by virtue of Article 1, Section 19, of the Constitution of the State of California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, 1240.240, 1240.410 and 1240.610 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to all persons whose property is to be acquired bv eminent domain and whose names and addresses appear on the last Santa Clara County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City of Saratoga on the folloxx4ng matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in the manner that will be most compatible ,,x4th the greatest public good and the least private injur3-: and (c)Whether the property sought to be acquired is necessan- for the project; (d) ~,rhether the offer required bv Government Code Section 7267.2 has been made to the owner(s) of record. WHEREAS, pursuant to the proxdsions of Section 7267.2 of the Government Code of the State of California, the City of Saratoga has made an offer to the oxxq~er or oxvners of record to acquire the subject property for just compensation: NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. easement for public ingress and egress and road improvements in Vessing Road. 2. The permanent public easement is planned and located in the manner which will be most compatible with the greatest public good and the least private injuD'; 3. The permanent public easement sought to be acquired is necessaD,; The public interest and necessitv require the acquisition of a permanent 2 4. The offer required by Section 7267.2 of the Government Code of the State of California has been made to the oxxmer or owners of record of the real property form whom said easement ~411 be acquired; 6. The law firm of Meyers, Nave, Riback, Silver & Wilson, be, and it is hereby, authorized and directed to institute and conduct to conclusion an acti6n in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as it may deem advisable or necessan, in connection therewith: 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession. Passed and adopted at a regular meeting of the Citv Council of the City of Saratoga held on the 5th day of April, 2000, by the follow/ng vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk J: \~/PD\~NRS~\;rZ~\OSO\RESOLUT I .DAN EXHmlT A AP/q: 397-06-055 All that certain parcel of land situate within the City of Saratoga, County of Santa Clara, State of California. being a portion of Parcel "A" as shown on that ceratin Record of Survey map fried in Book 176 of Maps at page 7 in the office of the Recorder of the County of Santa Clara. State of California, ~nd more particularly described as follows: BEGINNING at a 3/4" Iron Pipe located in the centerline of Vessing Road as shown on that Certain Record of Survey map prepared for Robert C. Jones which map was filed for record on March 30, 1964 in Book 176 of Maps at page 7 in the office of the Recorder of the County of Santa Clara, State of California. s ' "Iron Pin~ h~ino ~l~e, ..... __ aid 3/4 __ --,- ....... the Northwest of Parcel A as shown on md Record of Survey for Robert C. J~s; corner THElqCE Easterly, from the Point of Beginning, along the Northerl line of said Parcel .... o .... Y A, North 89 47 20 East a distance of 295 7 t~ .... . . . 9 eettoa3/4 Iron emtheNo w and Westerly s~deline of Qttito Road, 40 feet wide; Pip rth csterly THENCE Westerly, along the said Northwesterly and Westerly sideline of Quito Road, and said line being also the Southeasterly A,tl Easterly line of said Parcel "A", said line South 51 °02'30" West a distance of 11.62 feet to a 3/4" Iron Pipe at an angle point in the Northwesterly and Westerly side line of Quito Road;. THENCE Southerly, conunumg along the Westerly sideline of Quito Road, said line being also the Easterly line of said Parcel A , South 0 37 East a distance of 9.73 feet; THE2qCE Westerly, departing from the said Westerly line of Quito Road, and along a line lying 17 feet Southerly and parallel with the said Northerly line of Parcel "A", South 89047'20'' West a distance of 286.79 feet to the line common of said ParCel "A" and Parcel '~B" as shown on said Record of Survey map for Robert C. Jones; THENCE Northerly, along the said line common of Parcel "A" and Parcel "B", North 0°12'40" West a distance of 17.00 feet to the Point of Beginning. This description prepared by ~varren E. McDowell Land Surveyor No. 3414 License Expires: June 30, 2000 EXHIBIT A EXHIBIT 'A' SCALE 1': t00' I I 01 NO0 ° 12' 40"W ~17. O0 I Im jj I SO0 '37'00"E 9.73'~ IS51002'30"W 1~'62' DEDICATION PLAT This Plat preB~'ed by me~ Icit" of Sarato-a I ~RRSN f.-,cSOW5fC I~(~'~'~] 'lstate of California~ Land Surveyor No. 3414 ~.~ ./~ I DATE: 03-24-20~ License Expires 06-30-2~~~~ ~ SCALE' 1"= 100 r 7974 PUMPKIN DRIVE ~F~~ I .... ', SARATOGA CITY COUNCIL EXECUTIVE SUMM.~RY NO: AGENDA ITEM: MEETING DATE: April 5, 2000 CITY M.~N'AGER: ~[~__~' --~~ ORIGINATING DEPT: Communi~~ Development DEPT HE.M): SUBJECT: DR-99-051, Qian, 14261 Springer Avenue Appeal of the Planning Commission's decision to approve the proposed residence with the condition that wood siding be used on all elevations. The applicant has proposed stucco siding and does not wish to change the plans. The subject property is 7,492 square feet and is located in an R-l-10,000 zoning district. RECOMMENDED MOTION: Deny the appeal and uphold the Planning Commission's decision. REPORT SUMMARY: Staff recommended that the Planning Commission approve the proposed 2,787 square foot, two-story residence and noted that perhaps wood siding on the front elevation would help to make the home more compatible with the neighborhood. The Planning Commission felt that the residence would fit better with this older neighborhood with wood siding on all sides. The Planning Commission approved the project unanimously (Commissioner Barry absent) with the requirement that the exterior siding be wood instead of stucco. Attached is a letter from the applicant explaining their decision to use STUCCO. FISCAL IMPACTS: None. _~d)VERTISING, NOTICING AND PUBLIC CONTACT: A hearing notice was mailed to surrounding property owners within 500 feet of the subject property and same notice was published in the Saratoga News on August 18, 1999. At the City Council's meeting on September 1, 1999 the heating was continued to October 6, 1999 at the applicant's request. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: If the City Council reverses the Planning Commission's decision and approves the Design Review application without the requirement for wood siding, then the residence would be built with stucco. FOLLOW UP ACTIONS: The City Attorney will prepare a Resolution for the next available meeting memorializing the decision of the City Council on this matter. ATTACHMENTS: 1. Resolution DR-99-051 2. Staff Report to the Planning Commission dated February 9, 2000 3. Planning Commission meeting minutes fi.om February 9, 2000 4. Letter from Paul Qian and Suying Yang dated February 21, 2000 C:~My Documents~rik'-CC Memos-.Qian.doc ATTACHMENT 1 APPROVAL OF RESOLUTION NO. DR-99-051 CI'1~' OF SARATOGA PLANLNING COMMISSION STATE OF CALIFOI~NIA Qian; 14261 Springer Avenue YVHERF-a,S, the Ci~' of Saratoga Planning Commission has received an apphcauon to. Design Review approval for the construction of a new 2,787 square foot, two-story residence on a 7,492 square foot pared; and %VHERF_a,S, the Planning Commission held a duly noticed Public Hearmv, at which time al/interested pames were given a full opportumtT to be heard and to presen~ exsdence: and V%/HEREAS, the applicant has met the burden of proof required to support said application for Design Rexqew approval, and the folloxx4_ng findings have been determined: The height, devations and placement on the site of the proposed residence, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoo& and (ii) communitT view sheds, xx4.11 avoid unreasonable interference with xqews and privacy, in that the location of the proposed residence w4_ll be partially screened from existing residences by mature vegetation. The natural landscape will be preserved insofar as practicable by desigmng structures to follow the natural contours of the site and rnmimizing tree and soft removal; grade changes v~421 be minimized and x~42l be in keeping with the general appearance of neighboring developed areas. The proposed residence m rdation to structures on adjacent lots, and to the surrounding region, vdll minimize the perception of excessive bulk and xx4.Ll be integrated into the natural em~onment, in that the structure's desioma incorporates elements and materials which mimmize the perception of bulk and integrate the residence into the surrounding em~onment m that the residence x~42l only be 20 feet high and that stone x~421 be used on pomons of the front devarion. The residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural emironment; and shall not (i) unreasonably impair the light and air of adjacent propemes: nor (ii) unreasonably impair the abilit3, of adjacent properties to utilize solar energ3,. File No. DR-99-051; 14261 Springer Avenue · The proposed site developrnent or grading plan incorporates current gradmng and erosion control standards used by the City,'. The proposed residence v,4_ll conform to each of the applicable desig-n policies and techniques set forth m the Residential Design Handbook and as required bx' Section 15-45.055. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural ctraxx~mgs, plans and other exhibits submitted m connection with this matter, the application of Qian Hao for Design Review approval be and the same is hereby granted subject to the folloxxmg conditions: PLANNING The development shall be located and constructed as shoxxm on Exhibit "A, incorporated by reference. Prior to submittal for Building permits, the follo,~x.~ng shall be submitted to the Planning Division staff m order to issue a Zomng Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page and containing the following revisions: All bay vdndows shall be designed so that the interior height of each ,~,4_ndow area does not exceed five feet and on the outside no part of the wmdov,' may be within two feet of fi_rushed grade. ii. The t-wo-car garage shall be at least 18 feet deep by 19 feet v~-Sde. iii. Wood siding shall be used on each entire elevation. All recommendations of the City Mbotist's Report dated October 18, 1999 and addendum dated November 3, 1999 shall be met. This includes, but is not limited to: . ~ The Arborist Report shall be incorporate& as a separate plan page, to the construction plan set and the grading plan set and all applicable measures noted on the site and graclmg plans. Five (5) ft. chain link tree protective fencing s. hall be shown on the site plan as recommended by the Arborist with a note to remain in place throughout construction.' The fencing shall be installed and inspected by staff prior to issuance of a Building Permit. C '3,ty Documents\Erik\.PC Staff Reports\Qmn Hao. doc File No. DR-99-051; 14261 Springer Avenue A note shall be included on the site plan staring that no construcnon equipment or private vehicles shall park or be stored within the dnplme o5 any ordinance protected trees on the site. iV. Prior to issuance of a Building Permit, the applicant shall subrmt to the CitT, in a form acceptable to the Communit3,' Devdopment Director, secunn- in the amount of S1,825 pursuant to the report and recommendation bx' the CitT Arbonst to guarantee the maintenance and preservation of t-tees on the subject site. Prior to Final Occupancy approval, the CitT Arbonst shall inspect the site to verif3' compliance with tree protective measures. Upon a favorable site inspection by the Arborist an& any replacement trees having been planted. the bond shall be rdeased. vi. :4_ny future landscaping shall be designed and installed in accordance xxqth the Arborist's recommendations. xSi. Prior to a Final Inspection, three 24-inch box, t~vo 15-gallon and three 5- gallon trees shall be planted as replacements for the four trees removed. No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. 4. No structure shall be perrmtred in any easement. No ordinance size tree shall be removed (with the exception of tree ,~ 1, 2, 3, 4) without first obtaining a Tree Removal Permit. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the Cit3,' for the purpose of preventing storm water pollution. FIRE PROTECTION DISTRICT The roof covering shall be fire retardant, Uniform Building Code Class "A" prepared or built-up roofing. Early Warning Fire Alarm System shall be installed and maintained in accordance ~qth the provisions of the Cit3, of Saratoga Code-Amcle 16-60. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be subrmtted to the Fire Dismct for approval. 10. Automatic sprinklers shall be installed in the newly constructed garage (2 heads per stall). The designer/architect shall contact the San Jose Water Company to determine the size of sen~ice and meter needed to meet fire suppression and domestic requirements. C 3,1y DocumentslErik?C StaffReports\QianHao doc File No. DR~99~051; 14261 Springer Avenue PUBLIC WORKS 11. :~m asphalt swale be constructed along Springer Avenue to the satisfaction of the Public Works Department. CITY ATIOmNEY 11. :Applicant agrees to hold City harmless ~rom all costs and expenses, mcludm< attorney's fees, recurred by the Cit3? or held to be the liabilin, of Cin' in connectioh with Cit3-'s defense of its actions in any, proceeding brought'in any ~tate or Federal Court, challenging the Cit3,'s action with respect to the applicant s project. 12. Noncompliance x~qth any of the conditions of this permit shall consUmre a violation of the penmt. Because it is impossible to estimate damages the Ci~' could incur due to the violation, liquidated damages of S250 shall be payable to this CiU' per each day of the xqolation. CS~ty Docurnents~a~kk~J~C Staff Reports\QUart Hao.doc File No. DR-99-051; 14261 Springer Avenue Section 2. Construction must be commenced within ~ A ~ ~-, months or ap~rov~ xx~ expire. Section 3..MI applicable requirements of the State, Counu', City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of :-Urticle 15-90 of the Saratoga CiU' Code, this Resolution shall become effective f:ikeen (15) days from the date of adoption. PASSED AND ADOPTED bv the City of Saratoga Planning Commission. State of Galiforl-da, this 9th day Of February'2000 by the followsng roll call vote: A~s: Commissioners Jackman, Kurasch, Page, Patrick, Roupe and Chair Bernald NOES: None ABSEN-r: Co~missioner Barry ABSTAIN: None Chair, Pld~aing~omssion ATTEST: C:~.My Documents:,ErikiPC StaffReports\Qmn Hao. doc ATTACHMENT 2 REPORT TO THE PLANNING COMMISSION Application No./Location: A ' / pplicant, Ox~mer: Staff Planner: Date: APN: DR-99-051/14261 Springer Avenue QIAN I-L~O ErikJ. Pearson, Assistant Planner February 9. 2000 503-27-068 Department Head: 7 North ;SITE E:STE:RLr~r AV~ 14261 Springer Avenue 000001. LXECUTIX, T SUMMARY CASE HISTORY Application filed: _~phcation complete: Notice pubhshed: Mailing completed: Posting completed: 9/29/99 1/14/00 1;26/00 1/27/00 1/20/00 PROJECT DESCRIPTION The apphcant has requested Design Review approval for the demohtion of an emstmg 1,170 square foot, single-story residence and the construction of a new 2,787 square foot, two- story residence. The maxdmum height of the new residence xx4_U be 20 feet. The site is 7,492 square feet and is located within the R-l-10,000 zoning dismcc STAFF RECOMMENDATION .Approve the Design Review application with conditions by adopting Resolution DR-99- 051. ATTACHMENTS 1. Staff Analysis 2. Resolution DR-99-051 3. Arbonst Report dated October 18,1999 4. Plans, Exhibit "A" 00000; File No. DR-99-051; 1 A Springer Avenue STAFF ANALYSIS ZONING: R-l-10.000 GENERAL PLAN DESIGNATION: Residential - Medium Density MLASURE G: Not Applicable PARCEL SIZE: 7,492 sq. ft. AVE1La. GE SITE SLOPE: <5% G1L4DING REQUIRED: No grading is proposed. MATERIALS AND COLORS PROPOSED: Exterior finish will be Winter Evcni::g ~av stucco with White on White trim and stone veneer accents. Roofing xxq_ll be charcoal blen~ colored asphalt shirt,es. Color and material samples x~41 be available at the public hearing. Proposal Code Requirement/ Allovcance Lot Coverage: 49% 60% Floor Area: First Floor 1.476 sq. fr. 2,794 sq. ft." Second Floor 988 Garage 323 sq. fr. TOTAL 2,787 Setbacks: Front 27 ft. 25 ft. Front - 2na floor 34 ft. 27 ft. Rear 59 ft. 25 ft. Rear - 2nd floor 61 ft. 37 ft. Left Side 8 ft. 6 ft. 2 Left - 2na floor 8 ft. 8 ft. Right Side 8 ft. 6 ft. Right - 2na floor 8 ft. 8 ft. Height: Residence 20 ft. 26 ft. This maximum floor area reflects a reduction for building height per ~15-45.030(f). Per Section 15-65.160, reduced side setbacks are allowed because the lot is substandard in terms of width. C:LMy Documents:X_rik~.PC SmffReports\Qian Hao doc 00000;3 File No. DR-99-051; i J1 Springer Avenue PROJECT DISCUSSION Design Review The applicant has requested Design Review approval for the demolition of an e:cistmg 1.170 square foot, single-story residence and the construction of a new 2,787 square foot, two- story residence. The maximum height of the new residence xx4_n be 20 feet. The residence has been designed to maximize the floor area allowed on the small lot. This has been accomplished by keeping the roof height low and by adding cantilevered bay windows instead of building the first floor to the setback line. The current proposal is the third design revision submitted by the applicant. The first proposal included a cream color stucco and terra cotta roof tile and pandess windows. Upon staff's request, stone veneer was added to the lower portions of the elevations and panes added to the xx~dows and the exterior color changed to gray and charcoal colored asphalt shingles. In order to meet the intent of Techniques 3 and 6 of Policy 1 of the Residential Design Guidelines, staff then asked for a reduction in the large vertical elements and suggested mox4_ng the lower floor to the setback line and keeping the second floor at eight feet from the side property lines. In order to keep the house within the allowable floor area, the applicant responded bx., adding the bay x~4_ndows on the right side. The bay xx~dows are not counted in the floor area as long as the interior height does not exceed five feet. This has been made a condition of approval in the attached Resolution. Staff feels that the colors and materials and overall bulk of the residence xx~ be compatible with the neighborhood. The Planning Commission may wish to require an architectural sryle more in keeping with this older area of the City. Staff would recommend requiring the use of horizontal wood siding on at least the first floor of the front elevation. This would also help to reduce the vertical massing of the structure. Parking The Saratoga CitT Code requires each residence to have at least nvo enclosed parking spaces within a garage. The residence x~4_ll have an attached two car garage. The floor plans indicate that the garage is 17 feet v,.qde by 19 feet long. Section 15-35.0400) of the Zoning Ordinance requires a two-car garage to be at least 19 feet wide bx., 18 feet long. It has been made a condition of approval in the attached Resolution that the garage be enlarged to meet this requirement. The six foot minimum side yard setback accomodate this increase. Grading No grading is proposed. Geotechrdcd Review This application did not require review by the City Geologist. C ',.My Documenrs..L."ib. PC Staff Reports'.Q~.an Hao doc 000004 File No. DR-99-051; 1 J1 Springer Avenue Heritage Prese~'ation Though the property is not listed on the Ciw's inventory of historic sites, staff referred the project to the Heritage Preservation Con2umssion b~cause of the overall age of the neighborhood. The Heritage Preservation Commission unammously approved the demolition of the existing residence on November 9, 1999..~ter looking at the ori~o-mal proposal, the Commissioners ageed that the elevations needed to be revised to be more compatible xx-ith the neighborhood. Building Site Exemption Because the proposal includes an increase of more than 50 percent of floor area on the site, the Public \Vorks Department rex.sewed an application for Building Site Exemption. This application was approved xx-qth the condition that an asphalt swale be consrr~cted along Springer Avenue. This has been made a condition of approval. Trees The Cit-y Arborist report dated October 18,1999 and the addendum dated November 3,1999 (attached) contains recommendations for the protection of existing trees on the site. There are nme trees on the propert-y and five on the adjacent lot to the north potentially at risk of damage by constructiorz The Arborist has noted that yew little damage due to construction is expected, but that the demolition phase could cause serious damage. The report contains recommendations for the restoration and protection of the health of all trees on site. One recommendation is that no soft cuts be made within 15 feet of the north property line. After discussing this requirement x~qth the City Arborist, staff learned that the rea'son for this setback is for the redwood tree toward the rear of the propert3,-. The small coast live oak and the olive trees should have no problem survMng the house foundation being constructed eight feet from the propert3,? line. ,&Il of the Arborist's recommendations have been made conditions of approval in the attached Resolution. Conclusion The proposed residence is designed to conform to the policies set forth in the Ciw's Residential Design Handbook and to satisfy all of the findings required x~qthin Section 15- 45.080 of the Cit3, Code. The residence does not interfere with views or privacy, preserves the natural landscape to the extent feasible, and x~.4l minimize the perception of bulk so that it is compatible v,.qth the neighborhood. The proposal further satisfies all other zoning regulations in terms of allowable floor area, setbacks, maximum height and imper~-ious coverage. STAFF RflECOMMENDATION Approve the Design Review application with conditions by adopting Resolution DR-99- 051. C:LMy Docurnents:,Erik\l~C Staff Reports\Qian Hao.doc 000005 BARRIE D. CC E AND ASSOCIATES Horticultural Consultants (~O8) 353-1052 23535 Summit Road Los Gatos, CA 95033 AN ANALYSIS OF THE HEALTH AND STRUCTURE OF TREES AT HOA AND SUYING PROPERTY 14261 SPRINGER AVENUE SARATOGA Prepared at the Request of.' Judi Crowley City of Saratoga 13777 Fmitvale Avenue Saratoga, CA 95070 Site Visit by: Barrie D. Coate October 18, 1999 Received: October 10, 1999 Due: November 1, 1999 Job #10-99-247 OOO013 AN' ANALYSIS OF THE t LTl-/AND STRUCTURE OF TREES AT H~ PROPERTY, 14261 SPRINGER AVENUE. SARATOGA uN'D SUYING 1 Assignment At the request ofJudi Crowley, Planning Department, City of Saratoga we have inspected the trees at 14261 Springer Avenue toward the goal of analyzing the effect of proposed construction on those trees. Summary There are eight trees on the property, a large co-owned multi-stem coast redwood on the property line, and five trees on an adjacent property to the north, which would be potentially effected by proposed construction. There would be very little damage to these trees based on the proposed construction detail, however the demolition phase could cause serious damage. Excellent } Fine Specimens Fair Specimens Marginal I Poor Specimens Specimens I Specimens 5,6,8,9, 12, 7 2, 11 4, 10 1,3 1_3 Exceptional specimens must be retained at any cost and whatever procedures are needed to retain them in their current condition must be used. Fine specimens must be retained if possible but without major design revisions. Mitigation procedures recommended here are intended to limit damage within accepted horticultural standards in order to prevent decline. Fair specimens are worth retaining but again without major design revisions. Mitigation must prevent further decline. Marginal specimens are typically worth retaining but could be removed if necessary to facilitate construction. Mitigations recommended here are intended to prevent significant decline. Poor specimens cannot significantly improve regardless of care. For any which are considered hazardous, removal is recommended. For those retained, mitigation may not be typically requested. Three of the trees which should be removed are the three silver poplar (Populus alba) trees one of which is dead, and a Siberian elm (Ulmuspumda) tree, which would have to be removed for construction of the proposed building in any ease. The trees along the north property consist of one very poor big leaf maple (Acer macrophyllum) two potentially very worthwhile European olives (Olea europea) and one young coast live oak (Quercus agrifolia). Prepared ~.: Barrie D. Coate October l8,1999 OOOO14 AN ANALYSIS OF THE. ,LTH AND STRUCTURE OF TREES AT Iq PROPERTY, 14261 SPRINGER AVENUE, SARATOGA AND SUYING Discussion Several of the coast live oaks and other trees have ivy growing up their trunks, a potentially dangerous condition which should be corrected by removal of that ivy. It should be relatively easy to prevent damage to most of these trees since the remaining trees are at the margins of the property, where they would not be in conflict with the proposed construction. The one exception might be the large multi-stem coast redwood tree on the property line toward the rear of the property on the north. A protective fence enclosing a large area will be necessary near that tree to prevent root damage. Because of the relation between the proposed construction and the existing trees it will be necessary to have a demolition fencing plan as well as construction fencing plan, those two serving different functions and are in different places. Recommendations 1. I recommend that trees #1, 2, 3 and 4 be removed partly because they'll be in the way of construction, and partly because they are very poor quality trees that pose a hazard. Demolition Period a. I suggest that they fences shown on the demolition fencing map be installed before any demolition equipment arrives on seen or the demolition process begins. b. When the concrete floor of the garage and the building are demolished and removed they must be demolished by jack hammer and the individual pieces loaded into a skip loader which is backing up to prevent the wheels of the skip loader bom rolling over the newly exposed soil. c. Immediately at~er exposure of the soil by removal of the concrete pads the area must be covered with 3 inches of tree chips and watered with at least one inch of water. 3. Before construction is completed the demolition period fences must be removed and reconfigured as shown on the construction period fencing plan. 4. Those fences must be in place before any construction begins on site and before any construction equipment arrives on site. I would not expect there to be significant effects on the trees on the north property line which broader this property, as long as attention is given to careful grade cutting. Since no grades were shown on the plans submitted to us I cannot tell whether grade cuts are planned in the frontyard area or not. Prepared ~': Barrie D. Coate October 18, 1999 000015 ~ ~ND SUYING 3 AN ANALYSIS OF THE l LTH AND STRUCTURE OF TREES AT H~ PROPERTY, 14261 SPRINGER AVENUE, SARATOGA I suggest that no soil cuts may be made below existing grade within 15 feet of the north property line. If grading is necessary in that area our office should be called to prepare a commentary on the proposed grading. It may be necessary to prune the two olive trees on the property line to raise them above the planned use on this property.. Only a ISA certified arborist should be allowed to do that pruning to prevent damage to those olive trees. The value of the trees to be removed on site is $1,614. That converts to three 24-inch box, two 15-gallon and three 5-gallon box replacement trees. Acceptable native tree replacements are: Coast live oak - _Ouercus agrifolia Valley oak - Quercus lobata Tan oak - Lithocarpus densiflorus Big leaf maple - Acer macrophyllum California buckeye - ~lesculus californica Coast Redwood - Sequoia sempervirens The value of trees to be retained $18,254. I suggest a 10% bond ($1,825) for their value to assure compliance with tree protection specifications. Respectfully submitted, Barrie D. Coate BDC/sl Enclosures: Tree Evaluation Charts Prepared by: Bame D. Coate October 18. 1999 O0001.G (D- I,) iill:lOIIdd ~ ~ZI'IlJ.~:I:I S(3~N (~- ~) QO0~ (S- 0 ~S¥~S1(3 N~O~IO (g- t) SJ.O~SNI (~-L) ,~J.l~Ot~id ONINn~ld £HOI~-ON3 S~'JISI~:~ NN~OaO NOIJ.¥BO/S3B 9NINNIHJ. NMO>~O 9NIN~393 NN~OBO (6-¢) Eh'NI/V~ (01.-7-) ~)NIJJ~:I NOI,LIQNOO (S-L) aan~onu~s .La3-~ Z~) a3i31NVlO HBO HBO IN:~..LSAS-u. gAIN 000017 (~-I.) AJ. ll:lOl~ld 'F~fAOl~t:a~! IHOI~JF HI~3 000018 EXJSTIN~ 81TE PLAN Jl/8' 000019 Consu'uction Period Fencing % i -~ ' _ 4o - .- -' - -~ %4 ~--~ ...... 4 ~ , ~ . ~ :I~ / /' ~d A$~1~$ / i1/v 0000~0 BARRIE D. C( E AND ASSOCIATES Horticultural Consultants (zl.O$) 353-1052 23535 Summit Road Los Gatos, CA 95033 RECEIVED PLANNING DEPT. AN ADDENDUM TO OUR REPORT OF OCTOBER 18, 1999 REGARDING 14261 SPRINGER AVENUE SARATOGA Prepared at the Request of.' Judi Crowley City of Saratoga 13777 Fmitvale Avenue Saratoga, CA 95070 Prepared by: Barrie D. Coate November 3, 1999 Job # 10-99-247 000021 AN ADDENDUM TO OU. :.h~ORT OF OCTOBER 18. 1999 REGARDI. 14261 SPRINGER AVENUE. SARATOGA We note that no demolition period protection was recommend in our report for Tree #7. I suggest that the lower 8 feet of trunk be wrapped with lath and wire snow fencing or equivalent before demolition begins. Respectfully submitted, lTarrie D. Coate, BDC/sl Prepared ~-: Barrie D. Coate, November 3, 1999 PL4N.'N1NG COMMISSION AGENDA F~RU.,~'~¥ 9, 2000 ATTACHMENT 3 PAGE!3 COMMISSIONERS KUIC,~SCH/ROUPE MOVED TO .APPROVE V-99-011 \VITH THE CONDITIONS OUTLINED IN THE ARBORISTS REPORT, REMOVAL OF THE DUMPSTER A\,XL,~Y FROM THE ROOTS OF THE TREE ~,VITHIN ONE \VEEK, THE INCLUSION OF ONLY ONE YVOOD BURNING FIREPLACE, AND THE INST.,M..I_,-XTION OF A FENCE AROUND THE TREE PRIOR TO ISSUANCE OF THE ZONING CI FA1C4.NCE. PASSED 6-0. (COMMISSIONER BA_RRY ABSENT) DR-99-051 (503-27-068) - QIAN, 14261 Springer Avenue; Request for Desien Review approval to demolish an existing 1,170 square foot, single-story residence and c~nstruct a new 2,787 square foot, two-story residence The maximum height of the new residence will be 20 feet. The site is 7,492 square feet and is located v~qthm an R-l-lc,.c;c~ .~a--,, -o~in,2 district. Director \Valgren presented the staff report, noting that the application has requested Design Rex-Jew approval to demolish an existing 1,170 square foot. single-story residence and the construction of a new 2,787 square foot, re, o-story residence. He said the property was 7.492 square feet and considered nonconforming in area and width for the R-l-10,000 zon'in~ district. The original application had a building that was abrupt and not an architectural style c~onsistent x~qth others approved in the area. The applicants did make improvements to tl~e building to incorporate horizontal breaks, some articulations to the elevations, changes to the colors and materials, and incorporation of a stone wainscoting. Staff can support the project but noted the Planning Commissioners might have some concern with the design. One additional remedy might be to discuss with the applicant wood siding on the building. Chairwoman Bernald opened the public hearing at 10:20 p.m. Eddy Shem LRS Associates, representing Mr. and Mrs. Qian, requested approval of the t-wo- story house. He said he reviewed the conditions and resolution and has no problems with them. He was acceptable to a different material siding. Lmda Clark, 14214 Springer Avenue, said she reviewed the plans with the applicant and like the changes recendy made to the design including the addition of the stone facing the front, the w4mdow boxes, and the arched windows. The changes were similar to the design of her owm home. She liked the contrast be~veen the stone and stucco. COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING (AT 10:25 P.M.) MOTION PASSED 6-0. (COMMISSIONER BARRY ABSENT) Commissioner Page commended the applicants for a nice design on a constrained lot and he liked the fact that the applicant worked closely with the neighbors. He was pleased to support the project. Commissioner Kurasch said the design fit the area, but she would like to see more texture. The idea of siding was excellent and could have the same warm feel, specifically if it was a lighter color. She xvould like to see the siding with the stone. PL-XN:'NING COMMISSION AGENDA FEBRUARY 9, 2000 PAGE24 ~ Commissioner Page andJackman supported the project. Commissioner Pamck said the design was nice and fit into the neighborhood. She ~referred wood and stone. Chairwoman Bernald supported the hor2ontal wood siding and brick. COMMISSIONERS PATRICIC/KURASCH MODIFICATION OF YVOOD SIDING (COMMISSIONER BARRY ,ABSENT) MOVED TO APPRO¥'E DR-99-051 \VITH THE REPLACING THE STUCCO. PASSED 6-0. DIRECTOR ITEMS - None COMMISSION ITEMS Commissioner Roupe referenced a letter x~-a-itten to the CiB' Council, dated Januan' 24, 2000, from Commissioners Bari3, andJackrnan, and discussed at_the Joint Meeting of the Cit3- Council on January 25, 2000. He felt the letter was inappropriate and inaccurate. He said the purpose of raising this issue at this time was to give other members of the Planning Commission a chance to comment as they might not have seen the letter. He was considering the option of taking the comments in the letter and incorporating them into a letter to the CiB, Council. He wanted to get his concerns regarding the letter on the record since the Planning Commission will be reconsidering the matter of the fencing. He had no issue x~qth the fact that indix~dual members of the Planning Commission disagree vdth the majoti~, opinion, nor did he have any problem with the letter ha~qng been sent to the Ci~? Council in the spirit of open communication. The issue of inappropriateness arose in the fact that the letter was sent to all members of the Ciw Council, but not sent to the other members of the Planning Commission when it was clear that the letter and points raised in it would be the subject of discussion. He felt there was no reason why the Planning Commissioners should not have received a copy of the letter. The first issue in the letter indicated that the discussion of fencing occurred at a late hour. He said the fencing issue was the last item on the agenda, after five individual applications were heard. He imagined the discussion on fencing began between 10 pan. and 10:30 p.m. and agreed the concluding remarks could have been made as late as 11 p.m. He questioned the statements in the letter that the Planning Commission was 'really- tired' and wery little act-ual time was spent on this serious issue.' He did not recall that any of the Planning Commissioners were tired. Ihe minutes of the meeting reflected that considerable discussion was spent on the issue. He felt the matter received a fair and open discussion.. Commissioner Patrick recalled that the meeting in general did not go that late and agreed' with Commissioner Roupe's recollection of the riming. ~ Commissioner Page agreed. ATTACHMENT 4 Paul Qian Suying Yang 14261 Springer Avenue Saratoga, CA 95070 February, 21,2000 Dear City Council, This is an appeal to the decision made by the planning commission that requiring of using wood siding on all elevations for the new residential construction located on 14261 springer Avenue. The original proposed plan recommended using painted stucco on all elevations. The reasons for us to appeal to the commission's decision are as following: 1. The commission's request of using wood siding was made without thorough consideration. The public review for our plan was started at late in the evening (around 10:00PM) on Feb 9, 2000. During the presentation, three out of six commissioners have agreed to our plan of using stucco on all elevations and one commissioner was not even clear of the difference between stucco and wood siding. In addition, the commissioners did not even consult our architect as why the choice of stucco was chosen versus xvood sidings. However, one of the commissioner did asl~ the opinions of one of our neighbor and the neighbor has support the stucco instead of wood sidings. Furthermore, when the commission chairman asked all the commissioners'opinion at the end of the review, the majority answers were either neutral or to favor our neighbors' opinion. Unfortunately, through out the entire review, our opinion and explanation were not taken into consideration. 2. The neighbor's supports were not taken into consideration. One of our neighbors, live on 14241 Springer Ave, spoke during the review and suggested the stucco will be a sound construction and appearance matches with the stone veneer design of the house. In her opinion, the wood siding and the stone veneer will not look attractive. We believe 'her opinion is worth considering. In addition, another neighbor of ours, lives on 14271 Springer Avenue, attended the public hearing that day and talked to the commissioners about their support of using stucco. Why we choose to use stucco instead of wood siding: 1. Safety consideration: I have consulted the Saratoga Fire Department on Feb 10, 2000 regarding the fire protection ability between the stucco and the wood sidings. They told me that stucco is a much safer material than ~vood siding because it will never catch on fire as wood siding. I have also consulted the Saratoga Building Department with regards to earthquake safe~', I was told that the stucco structure is much stronger to resist earth movement since it has built-in metal mesh. This is another reason why we have chosen stucco versus wood sidings. 2. Neighborhood property construction and appearance consistency: We believe it's a ve~ considerate decision for us to have our house constructed ( not in design style ) very similar to our neighbors property. It shows the structure consistency in the same community. In addition, The Heritage Preservation Commission has unanimously approved the plan on November 9,1999 after visiting our property on site. At that time, no one in the commission has requested of using the wood siding for the new house. There are 10 houses, between 1-20 years old, around the neighborhood are built with stucco instead of wood sidings. Below is a list of these properties: 14241 Springer Avenue 14271 Springer Avenue 14224 Springer Avenue 14345 Springer Avenue 14361 Springer Avenue 14371 Springer Avenue 14391 Springer Avenue 14352 Springer Avenue 143 70 Springer Avenue 14378 Springer Avenue Based on all the facts and factors mentioned above, We ( Paul Qian and Suying Yang ) are making this appeal from Planning Commission to City Council of Saratoga to reverse the decision made during the public review on Feb 9, 2000. We would like to use stucco instead of wood siding for the new construction of our property on 14261 Springer Ave, Saratoga. Thank you for your consideration and looking forward to hearing from you soon. You may reach me at (408) 733-4683 (H) or (408) 563-4301 (O). Sincerely, Paul Qian Suying Yang SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO: AGENDA ITEM: ~ MEETING DATE: April 5, 2000 CITY MANAGER: ~~~~_. ~ ORIGINATING DEPT: Communit3' Development DEPT HEAD: ~/~ · SUBJECT: AZO-99-001, Amendment to Appeal Procedures Ordinances The Planning Commission has recommended minor changes to the City's Zoning Ordinance regarding administrative appeals. The proposed ordinance amendment will make .Articles 2-10 and 15-90 of the municipal code internally consistent to state that Planning Commission decisions of all administrative appeals are final. The ordinance amendment will also clariS, that only discretionary decisions of the Communi~' Development Director are appealable. RECOMMENDED MOTION: Adopt the attached draft Ordinance. REPORT SUMMARY: Attached is a memorandum to the Planning Commission dated Januaw 12, 2000 presenting amendments to the fencing regulations as well as the appeal procedures in the Zoning Ordinance. Pages two and three explain the proposed changes to the appeals Section of the Code will make the Ordinance internally consistent. The Planning Commission voted unanimously (Kurasch absent) to recommend adoption of the Ordinance changes to the CiB, Council. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: A hearing notice was published in the Saratoga News on March 22, 2000. The Planning Commission hearing on January 12, 2000 was noticed in October. No public comment has been received. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City Code would remain internally inconsistent. Furthermore, it would remain unclear as to whether or not certain administrative decisions could be appealed to the City Council. FOLLOW UP ACT. IONS: The City Attorney will prepare a final Resolution for the next available meeting for a second reading and memorializing the decision of the City Council on this matter. ATTACHMENTS: Memorandum dated January, 12, 2000 Minutes from the Planning Commission meeting of January 12, 2000 Dram Ordinance C: ~\ly Documems:.Erik\CC Memos'~&ppeal Ord. Amendment_doc ATTACHMENT 1 13777 FRUITVALE AVENUE ° SARATOGA. CALIFORNIA 95070 ° (408) 868-1200 Incorporated October 22. 1956 MEMORANDUM COUNCIL MEMBERS: =_van ~aKer Stan zcn~ Me.'..a#ey h,'zC;(, Slre..'t TO: FROM: DATE: SUq3JECT: Planning Commission ErikJ. Pearson, Assistant Plann~-~e~'~ ~o January 12, 2000 Amendments to Hillside Fencing and Appeal Procedures Ordinances File No. AZO-99-001 HILLSIDE FENCING BACKGROUND At a joint meeting betxveen the Cit3.' Council and the Planning Commission on September 7,1999 it was decided that the regulations pertaining to fencing in the Hillside Residential zoning districts may need to be amended. Article 15-29 of the Zoning Ordinance limits fencing in the HR districts to not more than 4,000 square feet of enclosure. The Ordinance does allow the Planning Commission to approve exceptions based on the lack of visibility of the fencing from public views or for safer5., reasons. The Cit3, Council expressed concern that exceptions to this Ordinance were continually being requested, which ma5, mean that the 4,000 square foot limit should be relaxed so that fewer exceptions would be necessary. The perception was that granting fencing exceptions was the same as granting Variance requests - though the findings for Variances are much more resrtictive. At the September meeting, the Council also heard public testimony regarding the grox~tng population of deer in the hillside areas. Many residents are seeking to fence more of their properW to protect landscaping, pets, and humans from deer, coyotes, and mountain lions and feel that the current Ordinance prevents them from doing this. DISCUSSION The City Council directed staff to reconsider the hillside fencing exception process and to address the grox~4mg concerns regarding the increased deer populations. The latter topic is primarily being researched through the City Manager's office in terms of how best to control deer populations or deter deer from destroying residential landscaping. Fencing regulations in the hillsides are dearly integral to this effort. Fzle X o. ..4~0-~9-001 Page Two Hillside Fencing Exception Process The CitT could amend the current Ordnance to simply adopt a specific area of fencmg enclosure for aH lots withm HR dismcts. If, for example, homeowners were allowed to enclose a pre- detennmed percentage of their propert-y with fencing, the exception process could be elimina~ted. A sun'ey of fencing exceptions ganted over the last five years found that the average area enclosed with an exception was 36,861 square feet. The average percentage of each lot enclosed was 33 percent. These averages could be used to establish a maximum percentage of enclosure for ~ lots in the hillsides. If each homeoxxmer were allowed to enclose 30% of the2 t~roper~', the City would be able to ensure that at least 70% of the hillside land remains unfenced a~d open, and the Plannmg Commission would not need to consider exception requests. As a model for this t3,2oe of Ordnance, the Parker Ranch homeoxxmers association requested, and was ganted by the Plannmg Commission and Cit7 Council, a similar allowance for their subdMsion. The Resolution adopting their plan contamed the folloxxa_ng findmgs: The fencing may not enclose more than 50% of the lot area. The fencing is to be of an open-style material and contain no sharp points possibly injurious to xx~dlife. 3. No open space areas are permitted to be enclosed by fencing. 4. .a3_l fencing xx4_ll be setback 20 feet from side and rear propert3.? lmes, and 30 feet from front propert3,' lmes, to prevent contiguous fencing and to allow for the adequate passage of wildlife through open spaces. If the Plannmg Commission moves to adopt this type of an Ordnance, staff would develop resrtictions similar to what was adopted for the Parker Ranch subdivision. Protection of Residential Landscaping For the most part, the current Ordinance does allow for some protected yard areas. The most common exception is the property owner with a large vmeyard or orchard. One way to address these situations is to add additional hillside fencing exception findmgs for "the protection of agricultural operations". This could be defined and added as another basis for grantmg a hillside fencing exception. APPEAL PROCEDURES BACKGROUND The Zoning Ordinance currently allows an administrative decision made by the Communiw Development Director to be appealed to the Planning Commission. By omission, under the curren~ ?: \Plann~n~\Er--k\PC Memos \AZO- 99 - O01. doc 000001 File No. AZO-99-O01 Page. Three Ordinance that decision may again be appealed to the Ci~' Council. Staff does not behevc that this is the intent of the Ordinance. This was most clearly indicated recendv with the batting cage proposal on Sobey Road. The 'Cit3? Council was frustrated that such a simNe matter was permitted to go through such a lengthy appeals process. Staff recommends t~at the cument Ordinance be amended to clarff3? that administrative decisions are only appealable to the Planning, Commission. Specific administrative processes, Administrative Design Review for example, clearlx~- state that an appeal of the Community Development Director's decision re~ardm~ an Administrative Design Review application is to be heard bv the Planmng Commission a~nd tha~t the Planning Commission's decision "shall be final and not subject to appeal to the Ciw Council." The Tree R%o-ulations chapter of the Zoning Ordinance has similar language stating t'~at an appeal of the Director's decision on a Tree Removal Permit is to be heard bv the Plannm~ Commission and that decision is also final. The proposed change would simply ma'ke the genera] appeal section of the Ordinance consistent with other, more specific, sections. Staff further recommends clarif3,sng that only discretionary decisions of the Communiw Development Director are appealable. This chang~ would mak~ the Zoning Ordinance consistent' with the appeals section found in the General Provisions section of the Ciw Code. Section 2- 05.030(b) of the Code does not allow any 'xdght of appeal to the Cit3,' Council x('hen the decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgrnent pursuant to any of the provisions of the Code." The current Zoning Ordinance l*an~age does not make it clear that the non-discretionar}, issuance of a building permit is not an appealable action (e.g. a re-roofing permit is not appealable) RECOMMENDATION A_n imtial study documenting the potential emsronmental impacts of the proposed changes has been completed and advertised for public review. If the Planning Commission moves to recommend adoption of these Ordinance amendments, staff xxSll prepare an em~ronmental Negative Declaration for City Council approval. A'I-rACHMENTS :Article 15-29 "Fences, VValls and Hedges" (current ordmance) Resolution FE-90-001 (Parker Ranch fencing plan) Table of fencing exceptions applied for and approved P:\Pla~-nin~\Erik\PC Memcs\AZO-99-0¢!.doc 000003 ATTACHMENT 2 Planning Commission Minutes Page 13 January 12, 2000 Chairwoman Bernald moved the agenda to Director's Items. Director Walgren reported that an application for a new home on Montrose was approved at a certain measured setback which was beyond the required setback. When the foundation forms were constructed. ~t was revealed that it was closer to the side property line but still within meeting the setbac 'ks. He said that this issue requires the item to come back to the Commission, and is placing it on the agenda while the project is still under construction. Director Walgren responded to questions from Commissioners regarding the setback measurements and adjacent properties. COMMISIONERS BARRY/ROUPE MOVED THAT THE PLAN.~G COMMISSION CONCURRED WITH THE CI-L&NGE. PASSED 6-0 (COMMISSIONER KURASCH WAS ABSENT). AZO-99-001 (Cit.~'ide) - CITY OF SARATOGA; The Planning Commission will consider changes to the Ci .ty=-s zoning ordinance regarding hillside fencing regulations and administrative appeals. Under consideration will be: 1) amendments to the Hillside Residential zoning district fencing regulations, and 2) amendments to the administrative appeals process. .An Environmental Initial Study and Negative Declaration have been prepared by the CiD· of Saratoga and are on file in the Community. Development Department. (CONTINL'ED FROM 12/8/99). Director Walgren presented the staff recommendation to clarify the current appeals process in ~'o parts. He indicated that the first part would clarify the zoning ordinance that only discretionaD, decisions are appeal- able decisions, which is stated in the Municipal Code and is consistent with State law. However, he said the appeals section of the City's zoning ordinance is unclear. He reported that Chapter 2 is the Municipal Code.. which establishes the general appeals process for the entire city, and Chapter 15 is the zoning ordinance. He said that the staff report quotes language from Chapter 2 relative to ministerial versus discretionary decisions, stating that ".... the right of appeal to the City Council when a decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgment pursuant to any provisions of this code" is not an appeal-able decision. He noted that examples xvere included in the staff report. He said he would like to see the zoning ordinance made consistent with State law and the Municipal Code. Director Walgren reported that the second part of the appeals process involved clarifying the limitations on appeals. He said the city currently has a handful of administrative discretionary processes, including the administrative design review process, administrative tree removal permit, administrative second dwelling unit permit, and administrative sign permits, which can all be appealed to the Planning Commission. Refernng to those sections, he noted that they specifically state that an appeal to the Planning Commission is final. He stated that the staff recommendation is to clarify the appeals section of the ordinance to include "that an appeal to tWe Planning Commission is final" and applies to all administrative considerations. Responding to inquiries from Commissioner Roupe, Director Walgren stated he had discussed this issue with the City Attorney who agreed with staff observations. Director Walgren stated that if the Commission were to agree to the changes, they would only be recommendations to the City Council - not final amendments to the ordinance. He clarified that although the City Attorney has already been consulted regarding the proposed changes, the City Attorney would ultimately draft the ordinance amendments. Planning Commission Minutes January 12, 2000 Page 14 Commissioner Ban3.-' made a motion to consider a format to guide the process of the Planning Commission's deliberations on the fencing recommendations to be forwarded to the City Council. Before delving ~nto the specifics, the numbers, and the formulas, and other issues that might be raised, she suggested that the Commission establish a format for the Commission, the public, and s~taffto follow in guid~ deliberations and reaching a decision. She said this is a big issue for the community, and it would h~ve a lgt of~mpact on the community, and there are strong feelings about the issue. She proposed that the Commission &scuss the basis of'its decision and its rationale for making the decision it makes. 'Fnere was no second to her motion. Consensus was to continue discussing the appeals procedure before addressing the hillside fencing. COMMISSIONERS BARRY/ROUPE MOVED TO ACCEPT THE STA.FF PROPOSP& AND RECOMMEND TO THE CITY COUNCIL THAT THE LANGUAGE IN ~ ZONING ORDINANCE BE CL.~RIFIED AS RECOMMENDED BY STAFF. PASSED 6-0 (COMMISSIONER KURASCH WAS .~SENT). Director Walgren suggested that staff present the report on the hillside fencing, and then follow up with a discussion regarding procedure. Director Walgren reported that this was an ordinance amendment that was discussed at a September 9. 1999 joint meeting of the Planning Commission and the City Council. Issues discussed included hillside fencing, limitation on areas of enclosure, the exception process, and the concern of population of deer and wildlife in the hillside. Mr. Pearson reported that the hillside fencing ordinance was adopted in the late 1980's. He displayed a city zoning map, which outlined the boundary between the hillside residential district and the rest of the zoning districts in the city. He said the current requirements have a maximum enclosure area of 4.000 square feet which requires no more than 60 feet of solid fencing and the remainder has to be open wire i'encing through which small animals could pass. He noted that the only way to deviate from these standards is with an exception from the Planning Commission. He conveyed that the City Council has directed the Planning Commission and staff to reconsider these regulations for the following reasons: There have been many fencing exceptions requested in the past few years that possibly greater exception areas are needed to protect property, people, and landscaping from wildlife such as deer and coyote. He said staff's original idea was to increase the maximum enclosure area and remove the exception process; however, a need for flexibility could still exist in the code. Mr. Pearson added that staff is now recommending that the maximum enclosure area be increased and that the exception process be retained. He noted that exceptions are only granted when needed for safety reasons or if the greater enclosure area to be fenced is not visible from public streets and are hidden by vegetation or topography. He indicated that staff is recommending adding a case for exception for agricultural purposes such as orchards an~l vineyards where a larger area needs to be protected. He explained that staff is also recommending that with the new fencing regulations, it would also require setbacks for the fencing from property lines. The proposed new regulation would satisfy concerns regarding aesthetics and the circulation o_f wildlife between residences. He said the proposed setbacks are 30 feet from the front property line and 20 feet from the side and rear property lines. Mr. Pearson reported that when the current fencing regulations were adopted, the minimum lot size in the hillside area was one acre, and it is currently two acres. He said the minimum lot size increases as the slope 03/03/00 09:36 ORDINANCE 00- ATTACHMENT 3 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PROCEDLrRES FOR APPEALS OF ADMINISTRATIVE DECISIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. The Planning Commission of the City of Saratoga has recommended that the Zoning Regulations set forth in the Saratoga City Code be amended to provide that the decisions of the Planning Commission concerning appeals of administrative decisions pursuant to thc Zoning Regulations be f-real and to further provide that only discretionary administrative determinations or decisions be subject to appeal. B. The City Council has considered the recommendation of the Planning Commission and public comments and testimony at a duly noticed public hearing. C. This ordinance is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision Co). In the event that this ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision Co) (3) of the CEQA C-uidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this ordinance is to establish policy concerning City appeal procedures; the ordinance would make no change to the City policies concerning permissible land uses. Section 2. Code Amendments The Saratoga City Code is hereby amended as set forth below. In this section, text to be inserted into the City Code is indicated in bold italic type while text to be stricken is presented in~"*'4~'"*~',,, ..,-,.,.,,-~..~' type; text in standard type currently appears in the City Code. Section 15-090.010 (Appeals from administrative decisions) is amended as follows: Right to appeal An appeal may be taken to the Planning Commission by the applicant or any imerested person from the hole or any portion of an administrative determination or decision made by an official of the City pursuant to any of the provisions of this Chapter. The decision of the Planning Commission shall be final and not subject to further appeal. 1 Ordivanee No. 00- 03/03/00 09:36 ~ SHUTE.MIK~L¥ ~003/004 No appeal from ministerial acts. No right of appeal to the Commission shall exist when the decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this Chapter. Section 15-90.020 (Appeals from decisions of Planning Commission) is amended as follows: An appeal may be taken to the City Council by the applicant or any interested person from the whole or any portion of a decision made by the Planning commission pursuant to any of the provisions of this Chapter except that a decision of the Planning Commission with respect to an appeal of an administrative determination or decision made by an official of the City may not be appealed to the City Council. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This Ordinance or a comprehensive summary thereof.~hall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. / / I / 1 / / / / / 2 Ordinance No. 00- 03/03/00 Council of the City of Saratoga held on the ~ following vote: 09:37 '~ $HUTE. I~IHALY ~004/004 o. The foregoing Ordinance was introduced and read at the regular meeting of the~C~~~~ day of ,2000, and adopted by the' AYES: NOES: ABSENT: ATTEST: MAYOR, CITY OF SARATOGA,. CALIFORNIA CITY CLERK APPROVED AS TO FORM: CITY ATTOP~EY P:\SARATOGAh~J~SOLUTI~006.doc 3 Ordinance No. 00- SARATOGA CITY COL.~CIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2OOO ORIGINATING DEPT: City Manager AGENDA ITEM 7 r,. CITYMANAGE " ' - - PI~PARED BY: ~'~~-~ SUBJECT: Allocations for FY 2000/01 Housing and CommuniD' Development Act Funds (CDBG) and Human Services Grants RECOMMENDED MOTION(S): 1. Conduct the Public Hearing. 2. Make allocations for approximately $166,478 for FY 2000/01 CDBG and Human Services funds. REPORT SUMMARY: The City Council is being asked to conduct a Public Hearing to receive comments and recommendations on project proposals for 2000/01 Housing and Community Development Act (HCDA) funds provided through the Community Development Block Grant (CDBG) Program. Council is further requested to make a determination regarding the allocation of $166,478 of these funds for Saratoga's FY 2000/01 grant proposals. The availability of Block Grant funds for eligible projects and activities has been publici2ed in the local newspaper. In an effort to continue streamlining the CDBG program administration process during the upcoming fiscal year, only proposals for specific Saratoga projects sponsored by the City and by agencies operating in Saratoga are being considered during the 2000/01 funding cycle, with the exception of Bridge Housing Corporation, which is acting on behalf of Cupertino Community Sen, ices, Inc., the designated agency for the City of Saratoga for the provision of emergency services for food and shelter for needy Saratoga residents. COMM-LrNITY DEVELOPMENT BLOCK G1L~,IT PROGRAM BACKGROLLND The Cit3, of Saratoga and seven other "nonentitlement" cities (population under 50,000) within Santa Clara Count3.', including the Urban Count3', receive federal Housing and Community Development Act funds. These funds are administered by the Department of Housing and Urban Development (HUD), for eligible projects and activities. By regulation, nonentitlement cities receive funds through a cooperative Agreement with the Urban County of Santa Clara (the locally responsible grant recipient). Expenditure of these funds is restricted by federal regulations and additional guidelines imposed by the County. FY 2000/01 )d..LOCATIONS The total allocation to the County for 2000/01 is expected to be approximately $2,590,000. Approximately twenty percent of this grant will be disbursed for administrative expenses; fort3.' percent is allocated to the Countywide competitive pool where funds are prioritized for projects and activities to increase the supply of affordable housing in the Count3'; and the remainder is disbursed to the "nonentitlement cities" and the Count3, to be allocated for other eligible CDBG programs, which is the focus of this report. The City of Saratoga will receive $151,478 for projects, plus $15,000 to cover Saratoga staff administration expenses (and the same amount for County administrative expenses) for a total of $166,478 for Council's consideration for the 2000/01 CDBG funding cycle. Saratoga may allocate $34,507 of its total grant to Human Services proposals, as set by a pre-determined cap of the total County grant. Human Services include, but are not limited to: childcare, job training programs, counseling, recreation programs and sen'ices for senior citizens. FY 2000/01 HUMAN SERVICES AND CDBG FUNDING RECO1VhMENrDATIONS One Human Services and three CDBG grant project proposals were received during the application cycle. Additional considerations are the mandatory annual $15,000 contribution to fund the County's Rehab Program assistance to Saratoga and $15,000 to cover the Citys' administrative expenses. Attachment 1 contains a Chart of Staff's funding recommendations, and Attachments 2 through 5 are copies of the fipplicants' project proposals for Council's review. Human Services Proposal 1. ProP°sal: SASCC Adult Day CUe program (AttaChment 2) Saratoga Area Senior Coordinating Council submitted its annual proposal for CDBG Human Services fimding for continued support of the SASCC Adult Day Care Center Program during FY 2000/01. Recommendation: Due to an increase in Human Sen'ices Grant funds this year, staff recommends funding the Saratoga Adult Day Care Center Program with' the total 534,507 available from CDBG Human Sen, ices Grant funds instead of the S32,300 requested by the Saratoga Adult Day Care Center Program. CDBG Proposals 1. Proposal: Project Match (Attachment 3) Project Match is requesting S14,700 to subsidize the rent payments of its senior group home located at 20218 Blauer Avenue in Saratoga. Project Match has been a recipient of CDBG funding from the City for this project since 1991 to provide shared residential housing to approximately six low income seniors at a time. Recommendation: Staff endorses funding $14,700 to support Project Match in its effort to continue providing affordable housing to low income Saratoga seniors. Low income housing for Seniors has been identified as an affordable housing need in Saratoga. This is the same funding as in the prior year's funding. 2. Proposal: Bridge Housing Corporation (Attachment 4) On behalf of Cupertino Community Sen'ices, Bridge Housing Corporation is requesting $50,000.00 for a new construction project which will provide 24 affordable apartment units for individuals and families who currently live in Saratoga, Cupertino and other Santa Clara County cities whose household incomes are at or below 60% and 50% of the area median, as defined by HUD. Cupertino Community Sen'ices is the designated agency for the City of Saratoga for the provision emergency services of food and shelter for needy Saratoga residents. Furthermore, 5000 square feet of office/warehouse space will be built to accommodate Cupertino Community Services program operations, which have outgrovm the current site at the Quinlan Center. Ihis is the first year Bridge Housing Corporation has requested CDBG funding. Recommendation: Staff is recommending funding the Cupertino Community Sen, ices Apartments Project with $50,000 from the FY 2000/01 CDBG grant. 3. ProPosal: City of Saratoga Community Development Department (Attachment//5) The City of Saratoga Community Development Department is requesting $37, 271 to provide financial assistance to those Saratoga residents who, for economic hardship reasons, are experiencing difficulty complying with the recently adopted sewage disposal ordinance that applies to all property owners within the City of Saratoga. The ordinance requires that septic systems in the City be abandoned and the properties connected directly to the public sanitary sewer when a public sewer line is available within 200 ft. of a property line. Recommendation' Staff is recommending funding the City of Saratoga Community Development Department with $37,271 of CDBG grant funds in order to assist those Saratoga residents in financial need due to compliance with the sewage disposal ordinance. Fundin~ Requirement for County Housing Rehabilitation Assistance Each participating City utilizing the sen, ices of the County's Housing Rehabilitation Specialist is required to pay $15,000 fi:om its annual CDBG grant to cover these costs. These sen, ices include site inspections, estimates, work wxite-ups, the job bidding and award processes, and project supervision and compliance oversight. Recommendation: Staff recommends Rehabilitation Specialist services. funding $15,000 for the County's Housing FISCAL IMPACTS: As noted above, the City has been awarded an HCDA allocation from the Urban County program for project costs, plus $15,000 for staff administrative expenditures, for a total of $166,478 for FY 00/01. ADVERTISING, NOTICING AND PUBLIC CONTACT: CDBG Grant Application and Public Hearing Notice placed in the Saratoga News during March, 2000. CONSEQUENCES OF NOT ACTING: The City's FY 00/01 CDBG allocation will remain with the County, and Saratoga will not meet its policy goals relating to providing housing assistance, rehabilitation loans and alternate housing opportunities within the City. FOLLOW UP ACTIONS: Forward Council's CDBG recommendations to the County; execute a~eements with agencies receiving funding. ATTACHMENTS: 1. FY 00/01 Funding Recommendation Surmnary 2. SASCC Adult Day Care Pro.am Proposal 3. Project Match Proposal 4. Bridge Housing Corporation Proposal 5. City of Saratoga Community Development Department Proposal (Attachment CITY OF SARATOGA FY 2000/01 Funding Recommendations for Human Services and Community Development Block Grant Proposals Agency Type Project Amount Requested Amount Recommended SASCC Human Sr. Day Care Pro,am 32,300 34.507 Services Project CDBG Rent Subsidy Blauer 14,700 14,700 Match Ave. Sr. Home Bridge CDBG Cupertino Com. Sen'. 50,000 50,000 Housing Apartments City of CDBG San. Sewer Conn. Ord. 37,271 37,271 Saratoga City of Count5' Rehab 15,000 15,000 Saratoga Services City of Admin. Project Admin. 15,000 15.000 Saratoga GR.42~'D TOT.a~L $164,271 $166,478 Total Available FY 2000/01 CDBG Funds $101,971 34,507 15,000 15,000 $166,478 CDBG Human Services Cap County. Rehab Services Program Administration SASCC P.O. Box 3033 SARATOGA. CA 95070 (408) 868-1257 -- (Attachment ~2) March 24. 2000 Car3.- Bloomquist Administrative .~'mlyst 13777 Fruitvale Ave. Saratoga,. CA 95070 Dear Cary, Enclosed, please find the completed CDBG application. You will also find our most recem annual audit from June 30, 1999. If you have any questions, please give me at call at extension 253. Thank you. Sincerely, Mare. Richards Goulart Executive Director- SASCC Caring for and serving the needs of Saratoga Area Seniors CiD' of Saratoga Community Development Block Grant Program/ Human Services Grant Program FY 2000/2001 PROPOSAL COVER PAGE APPLICAN~r ORGANIZATION: NAME: ADDRESS: Saratoga Area Senior Coordinating Council P.O. Box 3033 Saratoga, CA. 95070 NAME/TITLE OF PROPONEN'r: ./Dane .CJa~st~sen. President SIGNATURE: '"--' .-7~y~.~. ~. /~ TELEPHONE NUMBER: - 408-868-1253 PROJECT NAME: Saratoea Adult Care Center - Day Care Program DOLLAR AMT. OF FUNDS REQUESTED FROM CITY OF SARATOGA $32.300.00 PROJECT ABSTRACT (Limit statement to space provided) The Saratoga Adult Care Center is a Social Adult Day Program, which has provided a safe and stimulating environment for frail elders and respite for caregivers for the past twelve years. The program is open Monday through Friday from approximately 9:30 a.m. to 3 p.m. Since the program serves mostly low-income elders. requests for funding are made to numerous sources in order to subsidize one of the fastest growing segments of our West Valley area's population. Adult Day Care Services are an ideal way to care for the needs of frail seniors, often eliminating the need for institutionalized care and reducing care costs for both the families and the community as a whole. The project will provide over 5000 hours of participant care, 351 participant days monthly to 40 'to 41 persons and respite to caregivers in at least 50 different families. The City of Saratoga does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services and programs. SARATOGA ADULT CARE CENTER THE SARATOGA AREA SENIOR COORDINATING COUNCIL NARRATIVE 3A. Organizational Qualifications The Saratoga Adult Care Center is a major program component of the Saratoga Area Senior Coordinating Council (SASCC) incorporated as a non-profit organization in 1979. SASCC also operates the Saratoga Senior Center for more active older adults. Recognizing the needs of the aging population, supported by a community assessment. SASCC opened the Saratoga Adult Care Center in 1988 as the first facility in Santa Clara County designed and buili specifically as an adult care center. It provides much needed respite for c~aregivers and promote~ a higher quality, of life for the participants at much less cost to both family members and public agencies. The Saratoga Adult Care Center's main objectives are to prevent or delay institutionalization of the frail elderly, enable them to remain in their homes for as long as possible and improve the quality of life for the participants and the caregivers. The need for this service will accelerate as the population ages. By the year 2010, Santa Clara County's population of individuals 85 years of age and over is expected to double. The Saratoga Adult Care Center opened in January 1988 and has steadily increased in number of days open from two at the onset to five full days weekly by February 1994. During this time, the average number of families served monthly increased from 9 to 40 at any one time, with well over 351 visits by participants each month. This increased utilization validates the need and demand for the service. Though licensed by Community Care Licensing for 30 participants per day, the Center comfortably serves 20-21 participants per day. Participants come from surrounding areas of the West Valley Corridor, including Saratoga, Los Gatos, Santa Clara, Campbell, West San Jose and Cupertino. The Board of Directors of the Saratoga Area Senior Coordinating Council is responsible for the Saratoga Adult Care Center. The Center operates under the guidance of its own Advisory board, whose members are nurses, physicians, business persons and community volunteers who know the area and have had experience with Adult Care. (Current list is attached.) The Administrative Director is responsible for the daily operations of the Center. She has a degree in Psycholo~- and has worked at the Center since it opened twelve years ago. The full-time Program Coordinator oversees activities, entertainment and pr~ects with the help of three part-time Program Assistants and a pan-time Social Worker. The staff is highly trained, each with many years of experience working with frail elders. Thirty trained volunteers supplement the six paid staff and provide over 500 hours of service annually. B. Past Performance and Evaluation The Administrative Director of the Saratoga Adult Care Center submits quarterly reports to the City of Saratoga as required and gives monthly reports to the Board of Directors and to the Advisor3." Board of the Saraioea Adult Care Center all to assure that effectiveness is evaluated regularly. The Center also meets state licensing ~nd sanitation requirements annually. The ongoing quality and effectiveness of the program is also measured bx our Participanv'Caregiver survey, which is filled out by family members twice a year. Results from the survey indicate a dramatic improvement in quality of life for both the participant and caregiver as well as changes in ~nental and physical functioning of the participant. Evidence that institutionalization has been avoided or delayed can be determined by census and discharge information. The Administrative Director works with the other Adult Davcare Directors in the county, with Volunteer Exchanee. the Network of Aging Providers and other community agencies. Staff has served on tl~e Senior Care Commissign. Los Gatos Senior Task Force and the Board of Information and Referral, Inc. The Center utilizes volunteers and community service organizations, which contribute hundreds of hours. All this interagency coordination helps to eliminate duplication of services where appropriate and builds awareness of the Adult Care Center's programs throughout the count'. C. Project Outcome Obiectives (9) Provide respite care daily to 20 frail and less independent participants fi.om the West Valley Area of Santa Clara Count3.'. (10) Prevent or delay institutionalization of individuals who require considerable personal assistance. (I 1)Provide socialization, instruction and structured activities for the less independent elderly such as exercise, crafts, skill development and nutritious meals daily in a licensed care facility. (12) Continue to facilitate caregiver support groups t~4ce monthly in cooperatio~ with the Alzheimer's Association and provide similar support services to local churches and civic organizations of the West Valley area. (13)provide respite and improve quality of life for caregivers and eliminate or delay the high 'emotional and financial cost of custodial care. (The Adult Care Center is about $9/hour as compared to the average nursing home, which charges about $150 per day.) (14) Continue utilizing volunteer services to help contain Center costs. (15) Maintain maximum enrollment of approximately 40 participants each month. (16) Increase funding base through local resources, participant fees and fund raising events in an effort to reduce dependence on City, and county funding. Due to the low-income status of the population served and the service- intensive nature of the program, becoming self-supporting is not feasible. D. Proiect Management The SASCC Board of Directors and the Adult Care Center Advisory. Board oversee the services provided b.v the Saratoga Adult Care Center. The Administrative Director who is responsible for the day-to-day operations of the Center reports directly to the Executive Director of SASCC for consultation and guidance purposes. All the staff at the Saratoga Adult Care Center is employed ~- the Saratoga Area Senior Coordinating Council and paid through a pa.vroll system administered by SASCC. The Administrative Director supervises four part-time and one full-time emplo.vee. The Program Coordinator reports directly to the Administrative Director. She is responsible for scheduling all activities, special events and classes for the participants. She provides clerical support for the center, leads many of the activities and oversees the three Program Assistants who also run activities and assist participants with participation, meals, toileting and all other special needs. When needed, the Administrative Director mav choose to assist with activities as well. The licensed Social Worker evaluates the needs of potential new clients, does home visit assessments, develops Care Plans, works with families in need, facilitates support groups and other related activities. She reports directly to the Administrative Director. The program provides exercise routines, memory training and stimulation through travelogues, crafts, music, a variety of entertainment, current events, discussions and directed conversation. Special adaptive exercises and skill training are focused on participants who need help with physical disabilities (e.g. stroke, aphasia, Parkinson's.) A full nutritious meal is served daily. Volunteers and instructors assigned by West Valley Colleae auo_ment the activities and help contain costs. ' ~ ~ Caregiver support groups are organized as a community service to assist those who are caring for dependent elders to cope with the stresses of providing such care. This group is facilitated by the social worker, meets t~ice a month and is co-sponsored by the Alzheimer's Association. The Administrative Director and Proeram Coordinator maintain strong public relations ties with local, count, and state senior organizations and participate in required trainines. They are involved with public spcakine engagements, oreanizational networkine and other important communitw, events. All this promotes high visibili~, for the proeram and has resulted in hig~ census levels for the last two years. A five-minute video was produced about the Saratoga Adult Care Center with the assistance of volunteers fi.om West Valley and Mission Colleges and is an excellent public relations tool. E. Statement of Need The Saratoga Adult Care Center provides non-medical, supportive day services to those persons over 60 years of age, in need of supervision and assistance with some activities of daily'living. The prom'am also provides ti~e badly needed respite to the caregivers of these frail elders. ~ Advances in medical technology, and increased life expectancy, have caused a sharp increase in the aging population. Simultaneously, the number of available caregivers capable of caring for elderly family members has decreased as the size of the American family and proximi~' to one another diminishes. Adult Care is a supportive service available to fi.ail seniors and their families, which is largely underutilized. This affordable care option can prevent or delay the need for institutionalization and enhance the family's ability to care for elderly relatives at home. while giving them time to carry, out necessary family tasks or emplovment responsibilities. According to County statistics, sixty percent of frail elders residing in Santa Clara County live at poverty level. As this se~mnent of our population continues to grow, funding for Adult Day Services has I~ecome more critical than ever. As a result, the Saratoga Area Senior Coordinating Council continues to seek funds from a variety of sources. Although the City of Saratoga has been unable to meet full funding requests, it offers in-kind services ~o the Adult Care Center and through a Communiw Development Block Grant, has been able to fund approximately 20% of the Care Center's budget. Other funding sources such as United Way are currently not accepting new funciing requests and Santa Clara County. has also denied funding for the passed t~7o years. A er'ant application has been submitted to the City of Campbell and one will be submitted to the City of San Jose in the summer of 2001 as well. F. Project Beneficiaries Beneficiaries are t~pically frail seniors who are isolated in their homes and would benefit from dav care in a safe and stimulating environment. Sixty percent of the projected beneficiaries are residents of Saratgga, with other participants coming fi'om adjacent areas of Campbell, Los Gatos, and San Jose. These persons with an average age of 85 years are on low, fixed incomes and 82% of these participants have low to very low incomes. The Adult Care Center now is usually full five days a week. Although revenues continue to increase, subsidy is still essential. G. Fiscal Please refer to the Program Budget sheet in which we request S32,300 to support a portion of the total operating costs of the Saratoga Adult Care program including salaries, organization costs, training expense, audit, insurance, mileage expense and necessary licenses and memberships. With intensive volunteer and fund raising efforts, this program creatively stretches its revenues. The budget is tightly controlled and expenses are reviewed monthly by the Finance Committee, Advisory Board and Board of Directors of the Corporation. Rent, utilities and janitorial services are provided in-kind by the City of Saratoga. This is a significant budget saver and the exact dollar value has not been accurately determined. Since 66% of the participants have low or very-low income, their daily payments are subsidized and average only $19 per day. With the efficient and Spartan us~ofresources the cost or'he program is factored at $9 per hour or $4~ daily per participant. This is considerably less than in-home or nursing care for an individual who might otherwise require public support. Funds are requested fi.om the City of Saratoga to underwrite the program for these beneficiaries. In addition, the Saratoga Adult Care program gains support from fund raising and marketing efforts through fashion- show luncheons, theatre parties, a spaghetti dinner and targeted requests. An on-going effort to involve businesses and community services results in additional contributions of time and fimding. Meal cost reimbursements from the Council on Aging (USDA) and donations from participant's estates have also added to budget stability. SASCC's Endowment Fund provides monthly allocations to supplement the deficit in the budget. Please 1. o SARATOGA ADULT CARE CENTER FINANCIAL INFORMATION BUDGET NARRATIVE provide the following information: Human Services Grant request of $32,300. This request, as a percentage of the total program budget equals 20% percent. However, the funding request is only 8% of the organization's projected budget. On what basis is the Human Services Grant portion computed? (Pro-rated based on number of clients served or other methodolo~,? The request is based on project cost of operations not met by other funding sources, participant fees, fund raising and Endowrnents .Allocations fi.om SASCC. Service is directed to 40 to 41 families with the Day Care facility. Another 200 families are given help and referral services. Costs are pro-rated according to the number of clients and the direct program costs. This Day Care budget is an estimated 39% of SASCC's overall operating costs. What is the average cost per Saratoga client to whom direct services are provided? The calculated program cost is $45.00 per participant per day. Participant fees, in the proposed budget, represent 4_~.> ~/o of total day care program costs. The Human Services Grant portion will subsidize $7.20 orl 6% per day per client. The grant subsidy is significantly less than one hour of home care. Has your organization ever had funds withdrawn or contract terminated for cause, unsatisfacto~' performance, or questionable costs on any financial statements or audit? If yes, please explain. No° Is your organization currently on probation or under investigation by any agency that is or was a funding source within the past two years? If yes, please explain. No. 6. Please complete the following: FUND BALANCE (ORGANIZATIONAL BUDGET) I Actual Fund Balance I End FY 98- 99 Estimated Fund Balance End FY 99 - 00 Unrestricted Fund 0 Restricted Fund 10,000 0 Land, Bldg & Equip. Fund I [Endowment Fund Restricted $1,390,000 Unrestricted $20,000 Restricted $1,500,000 Unrestricted $15,000 FINANCIAL INFORMATION ORGANIZATION BUDGET - REVENUES If the program for which funds are requested is one of two or more programs sponsored by the agency, then the prom-am budeet must be completed. (Ail agencies are required to complete the organization budget.) ~ ~ CITY OF SARATOGA *CDBG *GENERAL FUND *MAINTENANCE/REPLACEMENT IOTHER CITIES: Campbell STATE FEDERAL through USDA FEES FOR SERVICES FUND RAISING, DONATIONS RESERVE CONTINGENCY Actual Budget FY I 1999 / 2000 i 32,290 15,000 3,000 3,050 0 2,150 FUND ALL OTHER (LIST) *RESTRICTED DONATION *INTEREST *PROGRAMS *MEMBERSHIP DUES *VOLUNTEER LUNCH *"OUTLOOK" ADVERTISING *CAPITAL GAINS *DIVIDENDS *ALLOCATIONS FROM ORGANIZATION BUDGET *MISC. INCOME *MISC. SALES *SEE'S CANDY 88,200 46,420 0 Projected Budget FY 2000 1 2001 32,300 15,000 3.000 3,050 0 48,920 0 3,000 37,934 16,950 9,000 1,500 2,800 88,994 7,000 39,651 900 350 2,700 405,049 , TOTAL INCOME 377,614 NOTE: All amounts should be rounded up to the nearest dollar. 9,440 28,870 16,950 9,000 1,500 3,000 80,038 6,590 29,216 400 300 2,200 90,000 2,000 FINANCIAL INFORMATION PROGRAM BUDGET - EXPENSES Actual Budget i Projected Budget FY FY 1999/00 ~ 2000 / 2001 Expenses PERSONNEL 131,845 ~ 130,964 BENEFITS (included in Wages & salaries) 0 0 SUPPLIES - Day Care Needs 5,180 3,410 COMMUNICATIONS 1,335 1,255 PRINTING / ADVERTIXlNG 2,190 2,140 UTILITIES I 0 0 SPACE RENTAL i 0 0 EQUIPMENT RENTAL,. 0 0 TRAVEL (local -Confrnc, etc) i CONTRACTUAL 35O EQUIPMENT 150 SERVICES 12,650 11,800 INSURANCE 3,775 1,782 MISC. 7,615 6,660 EQUIPMENT Maintenance 130 75 SUBSCRIP. / PUBLICATIONS 625 800 Subtotal Expenses , 165,695 159,036 Capital Expenses CAPITAL OUTLAY 0 0 BUILDINGS ' 0 0 Subtotal Expenses TOTAL EXPENSES AND 3,000 I o 3,000 0 168,695 CAPITAL OUTLAY 159,036 Note: (1) All amounts should be rounded to the nearest dollar. (2) Includes Aclmin. Expense, Fund Raising Event Expense, Licenses, Telephone and Restricted Donation _Expenditures. FINANCIAL INFORMATION PROGRAM BUDGET - REVENUES If the pro.am for which funds are requested is One of two or more pro.ams sponsored by the agency, then the pro.am budget must be completed. (Ail agencies are required to complete the organization budget.) Actual Budget FY Projected Budget FY 1999 / 2000 2000 1 2001 CITY OF SARATOGA 32,290 32,300 OTHER CITIES: *Campbell 3,050 STATE 0 FEDERAL through USDA 2,150 FEES FOR SERVICES 88,200 FUND RAISING DONATIONS (CASH) RESERVE CONTINGENCY FUND ALL OTHER (LIST) *Allocations from organization budget *Interest *Restricted Donations TOTALINCOME 16,200 0 22,725 80 4,000 168,695 3,050 0 2,000 90,000 18,300 0 12,786 100 500 159,036 NOTE: All amounts should be rounded to the nearest dolar. FINANCIAL INFORMATION ORGANIZATION BUDGET - EXPENSES Actual Budget Projected Budget FY 1999 1 2000 FY 2000 / 2001 Expenses PERSONNEL 245,607 265,711 BENEFITS , 0 0 SUPPLIES & PROGRAM EXPENSES 8,990 , 7,590 COMMUNICATIONS 1,085 , 955 PRINTING / ADVERTIZING 6,600 7,265 UTILITIES 0 0 0 SPACE RENTAL EQUIPMENT RENTAL 0 0 0 TRAVEL (local- I Conferences, etc) 550 TRAVEL (Other) 0 . 0 CONTRACTUAL SERVICES 12,650 i MISCELLANEOUS 85,722 ~ 99,731 EQUIP. MAINTENANCE 255 ! 275 SUBSCRIP. / PUBLICATIONS I 625 800 Subtotal Expenses I 374,614 I 405,049 CAPITAL EXPENSES *CAPITAL OUTLAY 0 0 *BUILDINGS 0 0 *EQUIPMENT 3,000 0 Subtotal Expenses 3,000 0 TOTAL EXPENSES AND CAPITAL OUTLAY 377,614 405,049 NOTE: All amounts should be rounded to the nearest dollar. jOJECT Our Mission: To i~elp seniors meet their q~brdable housin o. needs in our communit: -- (Attachment #3) March 24, 2000 Mr. Car5,` Bloomquist Administrative Assistant Office of the City Manager Ciw of Saratoga 13777 Fruitdale Ave. Saratoga, CA 95070 Dear Mr. Bloomquist, Attached is the Project Mach CDBG request for $14,700 to support our Saratoga Senior Group Residence Rent Subsidy Program for FY 2000-2001. Project Match has been a recipient of this funding since 1991 for our Senior Group Residence located at 20218 Blauer Drive. If you have any questions or require further information, please do not hesitate to contact me. The current rental agreement with the owner coveting the period of the rent subsidy we are requesting is available upon request. A United Way Agency Funded in part by the cities of San Jose. Santa Clara. Saratoga, Milpitas. Campbell. and Los Altos: the County of Santa C~ara: and the Community Development Block Grant programs of Sunnyvale. Mountain View, and the Urban County of Santa Clara including the unincorporated areas an(] participating cities. City of Saratoga Community Development Block Grant Program/ Human Services Grant Program APPLICANT ORGANIZATION NAME PROPOSAL COVER PAGE project Matcl~ Inc. ADDRESS 555 Meridian Ave., Suite C San Jose~ CA 95126 NAME/TITLE OF PROPONENT Bob Campbell~ Executive Director SIGNATURE TELEPHONE NUMBER PROJECT NAME (408) 287-7121 Saratoga Senior Group Residence Rent Subsidy DOLLAR AMT. OF FUNDS REQUESTED FROM CITY OF SARATOGA $14,700 PROJECT ABSTRACT (Limit statement to space provided) This request if for rent subsidy funds to continue to provide affordable housing for low-income seniors in the City, of Saratoga. This is a request for the continuation of our partnership with the City in our Saratoga Senior Group Residence Rent Subsidy Program which began is 1991. The City of Saratoga does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services and programs SARATOGA SENIOR GROUP RESH)ENCE RENT SUBSIDY PROGRAM For over 20 years, Project Match has provided affordable housing for very_ low income seniors throughout Santa Clara County. At the same time, our innovative shared housing strate~' has provided companionship, security and affordable housing for thousands of seniors. Considering that over 107,000 seniors in the County have incomes below $25,000 annually and rental costs are above $800 monthly, Project Match's strategy is as vital now as it was 21 years ago. Our Saratoga Senior Group Residence Rent Subsidy Program we will serve seniors 60 years of age and older who have low-incomes. In our Group Residence Program we will continue to work to create environments that honor people as individuals and develop relationships that provide a sense of security, place and self worth. The Saratoga Senior Group Residence Rent Subsidy Program will provide shared housing for seniors in a single family home located on 20218 Blauer Dr. in the City of Saratoga. We will act as property manager of the group residence and coordinate all placement opportunities. Our Senior Group Residence Program has proved extremely successful in helping seniors experiencing depression that results fi.om the isolation of living alone, and has served as a model for other such programs throughout the nation. The Occupancy Rate at our Saratoga Group Residence is 100% this year. Project Match operates a total of 7 Senior Group Residence programs throughout Santa Clara County. There are currently 32 rooms available in our 7 Senior Group Residences. This year the average rent for a room in our Group Residences is $380. Our occupancy rate was over 94% in our Gorup Residences. The average length of stay in our group residences is two years while the longest residency is almost 10 years. The two primary reasons seniors leave our group residences are because (1) their medical needs become so serious that they require 24-hour care or (2) because the resident has been accepted into an affordable housing apartment of their own. Our goal is to help clients identify those qualities of life they value and to work together to obtain the necessary resources that will allow them to live by these values. This program has proved so successful that the television news magazine 20/20 featured it as an innovative solution to the problem of social isolation among seniors. Our program benefits seniors with very low incomes to: · Gain affordable housing · Identify their self care, mutual care, and professorial care needs and to get these needs met · Experience their living environments as affordable, safe, companionable, respectful, and community oriented Our Saratoga Senior Group Residence Rent Subsidy Program, located on Blauer Dr. will provide affordable housing for 6 low-income seniors 60 years of age or older. The house is currently at 100% occupancy with all six rooms being filled. The program provides this affordable housing through rent subsidies form the City's Hosing Find for Low Income Seniors. The house has been leased for this purpose since 1991 and the City of Saratoga has provided rent subsidy since that time. Eligibility Criteria 1. Priority for occupancy will be given to low-income seniors living or having families living in the City of Saratoga. 2. Shared housing will be provided for low-income (as defined by the HUD Program Income Limits for Santa Clara County) Males or Females, 60 years of age or older. All individuals li¥ing in or applying for vacancies in the house will be functionally independent (physically and emotionally). All potential applicants will be required to pass a health screening. The house will provide housing for 5 seniors and will operate at a minimum 95% occupancy rate over the period July 1, 2000 through June 30, 2001. 3. Low-Income limits for those who will be eligible for 2000-2001 will be as follows: · Maximum $39,850 (65% of median) annual income for one person Proposed Reimbursement to Project Match: 1. City will use only CDBG funds to subsidize rents. If at any point the program fails to meet CDBG Requirements, no City funds will be used. 2. City will reimburse Project Match monthly upon receipt of invoice in the amount of $1,225 for the period July 1, 2000 through June 30, 2001. 3. It is understood that the program can be extended beyond this period by mutual agreement. FINANCIAL IN'FORMATION BUDGET NARRATIVE Please provide the following information: Human Services Grant request of $14,700. This request, as a percentage of the total program budget equals 35 percent. On what basis is the Human Services Grant portion computed? (Pro-rated based on number of clients served, or other methodology?) The total Human Services Grant amount requested ($14,700) divided by the total Saratoga Senior Group Residence Rent Subsidy Program budget ($38,486). What is the average cost per Saratoga client to whom direct services are provided? $309 per client per month . Has your organization ever had funds withdrawn or contract terminated for cues, unsatisfactory performance or questionable costs on any financial statements or audit? If yes, please explain. NO Is your organization currently on probation or under investigation by any agency which is or was a funding source within the past two years? If yes, please explain. NO 6. Please complete: FUND BALANCES Unrestricted Restricted Land, Bidg, & Endowment Fund Fund Equip. Fund Fund Actual Fund Balance $88,821 $113,909 $1,533,033 $0 End FY 98-99 Estimated Fund Balance $208,821 $85,000 $1,498,278 $0 End FY 99-2000 FINANCIAL INFORMATION PROGRAM BUDGET -- REVENUES If the program for which funds am requested is one of two or more programs sponsored by the agency, then the program budget must be completed. (All agencies are required to complete the organization budget Actual Budget Projected Budget FY 199912000 FY 2000/2001 CITY OF SARATOGA 14,700 14,701~ OTHER CITIES: STATE FEDERAL FEES FOR SERVICES FUND RAISING, DONATIONS (CASH) 3,730 4,967 RESERVE CONTINGENCY FUND ALL OTHER (LIST) 22,788 22,78~ Rental Income 22,788 22,788 TOTAL INCOME 41,218 42,45~ FINANCIAL INFORMATION PROGRAM BUDGET -- EXPENSES Actual Budget Projected Budget FY 199912000 FY 200012001 Expenses PERSONNEL 3,883 3,999 BENEFITS 24i 248 SUPPLIES 351 362 COMMUNICATIONS 745 767 PRINTING / ADVERTISING 0 0 UTILITIES 3,921 4,039 SPACE RENTAL 29,400 30,282 EQUIPMENT RENTAL 0 0 TRAVEL (local - 0 0 conferences, etc) 149 153 TRAVEL (other) 0 0 CONTRACTUAL SERVICES 2,171 2,236 INSURANCE 357 368 MISC. 0 0 EQUIPMENT 0 0 SUBSCRIP. / PUBLICATIONS 0 Subtotal Expenses 41,218 42,455 Capital Expenses CAPITAL OUTLAY BUILDING EQUIPMENT Subtotal Expenses 0 0 TOTAL EXPENSES AND CAPITAL OUTLAY 41,218 42,455 FINANCIAL INFORMATION ORGANIZATIONAL BUDGET -- REVENUES Actual Budget Projected Budget FY 199912000 FY 2000/2001 CITY OF SARATOGA 14,700 14,700 OTHER CITIES: 148,356 152,807 San Jose 114.000 11 ... Sunnyvale 8,423 8.67~ Mountain View 4,333 4.463 Santa Clam 7,700 7.931 Campbell 4,900 5.047 Milpitas 5,000 5.150 Los Altos 4,000 4.120 STATE 'FEDERAL 4,000 4,0Ol) FEES FOR SERVICES FUND RAISING, DONATIONS (CASH) 142,768 157,223 RESERVE CONTINGENCY FUND · ,LL OTHER (LIST) 405,297 417,456 Urban County 20,690 21,311 County Social Services 15,600 16,068 Rental Income 160,122 164,926 Santa Clam County United Way 75,885 78,169 Foundations 133,000 136,990 TOTAL INCOME 715,121 746,188 FINANCIAL INFORMATION ORGANIZATIONAL BUDGET -- EXPENSES Actual Budget Projected Budget FY 199912000 FY 200012001 Expenses PERSONNEL 344,412 354,744 BENEFITS 53,254 54,852 SUPPLIES 138,288 142,437 COMMUNICATIONS 14,000 14,4213 PRINTING / ADVERTISING 10,2311 10,538 IUTILITIES 25,261 26.01g SPACE RENTAL 82,428 84,901 EQUIPMENT RENTAL 5.200 5,358 TRAVEL (local - 0 0 ~onferences, etc) 3,897 4,014 TRAVEL (other) 0 0 CONTRACTUAL SERVICES 25,078 35.444 INSURANCE 11,494 11,839 MISC. 0 0 EQUIPMENT 678 698 SUBSCRIP. / PUBLICATIONS 900 927 Subtotal Expenses 7t5,121 746,188 Capital Expenses CAPITAL OUTLAY BUILDING EQUIPMENT Subtotal Expenses 715,121 746,188 TOTAL EXPENSES AND CAPITAL OUTLAY 715,121 746,188 BRIDGE HOUSING CORPORATION (Attachment ~4) I HAWTHORNE STREET. SUITE 400 SAN FRANCISCO. CA 94105-3907 TEL: (415) 989-1111 FAX: (415) 495-4898 March 24, 2000 Mr. CaD- Bloomquist Administrative Analyst City of Saratoga 13777 Fmitvale Avenue Saratoga. CA 95070 Dear Mr. Bloomquist: Thank you, on behalf of Cupertino Community Services. Inc.. for the opportunity to submit the enclosed application for Grant Funds for the FY 2000/2001. I think you will find the prol~osed affordable housing project one that can expeditiously address the acute regional need for rental units for very low income individuals and families in our area. If you have any questions, please do not hesitate to-contact me at (415) 989-1111 extension 635. Sincerely. Stephanie Pearson Project Manager Cc: Paula Reeve. Senior Analyst A NOT-FOR-PROFIT, PUBLIC-BENEFIT CORPORATION City of Saratoga Community Development Block Grant Program/ Human Services Grant Program PROPOS&L COVER P~GE APPLICANT ORG]kNI ZATION NAME Cupertino Community Services, Inc. ADDRESS 10185 N. Stelling Road Cupertino, CA 95014 NAME/TITLE OF PROPONENT Mary Ellen Chell, Executive Director TELEPHONE NUMBER 408. 255.803 PROJECT NAME Cupertino Community Services Apartments S50,000 DOLLAR AMT. OF FUNDS REQUESTED FROM CITY OF SARATOGA PROJECT /%BSTI%ACT (Limit statement to space provi~e~) This is a new construction project of 24 affordable apartment units to be located in the City of Cupertino. CCS will be the owner, developer and manager of the project which will serve household whose incomes are at 50% of Area Median Income. The project also includes office/warehouse space for CCS administration and services. The City of Saratoga ~oes not ~iscriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services and programs. PROJECT NARRATIVE CUPERTINO COMMUNITY SERVICES APARTMENTS VISTA DRIVE, CUPERTINO, CALIFORNIA The Cupertino Community Services Apartments project addresses the critical community need of expanding the rental housing supply, specifically housing affordable to Iow and very Iow-income individuals and families. CCS proposes to develop, construct, own and manage 24 apartment units (12 one-bedroom and 12 two-bedroom units) and office space for its operations on a site located on Vista Drive in Cupertino. The approximately 23,000 two-story square foot building will have 18,000 square feet of residential space and approximately 5000 square feet of office and warehouse space and ample on-site parking. This will provide CCS with a larger, permanent facility. The funds requested will be used for land lease expenses and/or construction costs of the residential component. This is the first time CCS has requested funds from the City of Saratoga. Sponsor Background: Incorporated as a nonprofit, 501(C) 3 community based agency in 1976, Cupertino Community Services (CCS) has been providing emergency assistance to Santa Clara County communities of since 1973. Serving those in need, CCS helps seniors, Iow-income families and individuals, homeless men, women and families and youth at risk by providing food, rental assistance, shelter, clothing, transportation and supportive services. CCS has many programs in place including the United Way Emergency Assistance Network. This program provides rental assistance, utility payments and vouchers for shelter, medicine and clothing items to individuals and families in need. The Food Cupboard is a food distribution program supplied by Second Harvest Food Bank, local grocery stores and bakeries as well as individual donations. More than 80,000 pounds of food are donated annually and distributed from CCS Headquarters. The Clothes Closet receives donations of clothing for all ages and distributes to those in need. Special attention is also given to those individuals returning to the workforce. CCS coordinates the Rotating Shelter Program, which is run in collaboration with local churches to provide shelter, food and meals for homeless. The Transitional Housing Program (THP) is a project owned and operated by CCS located at 10411 Greenwood Avenue, Cupertino. The goal of the THP is for all adults (graduates of the CCS homeless shelter and single mothers with children) to have the ability to enter the larger community with more skills, mobility, a sense of independence, and increased self-esteem. CCS is. the designated agency for the City of Saratoga for the provision emergency services of food and shelter for needy Saratoga residents. In addition, CCS handles the management of all reduced rate rental units within the City of Cupertino (The Affordable Housing Program). This housing project specifically fills the acute need for affordable housing in Santa Clara County. This residential project would be another component in that continuum of assistance that CCS provides. The target population for the residential component will be individuals and families who currently live in Cupertino, Saratoga and other Santa Clara County cities who work in Cupertino and whose incomes are at or below 60% and 50% of the area median, as defined by HUD. UNIT MIX & RENTS % Median Estimated Yr. 2000 Price Unit Description Income NSF Qty,. Units Rents per SF 1 Bedroom, 1 Bath 50% 650 12 $738 5;1.14 2 Bedroom, 1 Bath 50% 780 12 $874 $1.12 Measurable Objectives: By development of 24 new apartment units, CCS has focused on augmenting the limited supply of rental units in Santa Clara County, specifically Cupertino and Saratoga, that is affordable to those who have been priced out of the housing market and must commute significant distances to their workplaces. Furthermore, the 5000 square feet of office/warehouse space will be built to accommodate CCS program operations, which have outgrown the current site at the Quinlan Center on Stelling Road. Desired Outcome: Cupertino Community Services Apartments will provide quality, non-luxury, affordable and safe rental housing on a long-term basis for very Iow-income individuals and families, or about 48 to 72 persons. The residential complex will be rent-restricted for a period of 55 years. Residents will also benefit from the opportunity to avail themselves of CCS's services and programs due to the close proximity of the CCS offices. Project Site: The building will be constructed on a site currently owned by the Santa Clara County Fire District, on Vista Drive and Stevens Creek Blvd. (a portion of APN 316-24-008). A new firehouse is being constructed on the front portion of the parcel. Once the building is complete, the final subdivision of the parcel will occur. The resulting size of the site for the CCS project is estimated to be 1.17 acres. The City of Cupertino is currently negotiating a long-term lease (57 years) of the property. The City will pay the lease payment in full at commencement. The City will then sublease the site to CCS for 55 years as a non-profit housing and services provider at no cost. Project Management: Project Operation and Management: During the Acquisition and Construction Phases of the Project, CCS will manage the process by working with BRIDGE Housing Corporation as development consultant. The Board of Directors for CCS has authorized BRIDGE Housing Corporation to act as Development Consultant for the purpose of coordinating the acquisition of the property and the project development and construction. The two organizations have been working together on the project for approximately 2 years. This work will be accomplished through adherence to the development plan and time schedule of milestones and regular meetings as laid out in the Consulting Agreement between the two organizations. During the Operational Phase, CCS will be the owner and manager of the project. A resident manager will be employed and will have an office on site. Grounds and Maintenance responsibilities will be out-sourced. Property management will be administered by CCS, which will build on CCS's experience managing the Transitional Housing Project, 10411 Greenwood Apartments. CCS will market, screen, lease and provide on-going site management of the rental units. Tenants will be required to execute one-year residential leases.. The location of the CCS offices on site will ensure close supervision of the management activities. A resident site manager, who will report directly to the CCS Executive Director, will be responsible for the day-to-day operation of the residential component of the complex, with regular reporting to CCS Executive Director and the CCS Board of Directors and the City of Cupertino. Project Development Budget: Total Development Costs for the Project are estimated at $6,411,303 including the office/warehouse space, the residential components and the land. A Development Budget Summary follows: DEVELOPMENT BUDGET SUMMARY Description A c quisit~on & Related Land Costs (demo) Construct]on: Building Construction: Site Construction: Off-Site Costs Furnishings & Equipment M tmic ipa 1 & Utility F e e s Arc hite c ture .,~ ngine e ring Marketing & Rent-Upf~'ac ancy Continge nc ]es Reserves Legal Taxes & I nsuranc e Title and Audit A ppraisa 1 & M a rke t Study Predevelopment Interest Construction F inanc lng Costs Deferred Constr. Interest M isc ellaneous Costs Consultant Fee Permanent Financing Fees Miscellaneous Costs OTA L DEVELOPMENT COSTS Total Amount 51,800,000 50 $2,614.440 S356.702 S 59.568 535.000 5201 745 5304 036 550 000 S226 536 5 75,000 $ 75,000 S20,059 535,000 S10,000 SO 5164,917 50 53,300 5 300,000 530,000 S50,000 56,411,303 CCS Office 5388,601 50 5564,430 577,008 512,860 50 543,555 S 65,638 50 S48,907 50 51,631 54,331 $7,556 52,159 50 535,604 SO 5712 564,767 $0 S 10,794 51,328,553 per Resid. Unit per NSF per GSF 575,000 50 585,417 511 654 S 1 946 SI 458 56 591 S9 933 52 083 5 7 401 53 125 53 057 655 $1,143 5327 S0 $5,388 50 5108 $9,801 51,250 $1,634 5104.90 599.12 50.00 S0.00 5152.36 5143.97 S 20.79 S 19.64 5 3.47 S 3.28 S 2.04 S 1.93 511.76 511.11 S17.72 516.74 S2.91 S2.75 S13.20 512.47 54.37 54.13 $4.37 S4.13 51.17 Sl.10 5 2.04 S 1.93 $0.58 S0.55 S 0.00 5 0.00 59.61 59.08 50.00 S0.00 50.01 S0.01 517.48 516.52 51.75 S 1.65 S2.91 52.75 $352.87 5227,973 $373.44 Project Financing Plan: The Sources of Funds Schedule for the entire project is as follows: Source of Funding Type Description Amount Term Interest Status Rate City of Cupertino G To be used for full payout of Ground Lease with $1,500,000 Grant A the Santa Clara County Fire District City of Cupertino G To be used for Residential Construction 176,000 Grant A City of Cupertino L Short Term Bridge Loan 450,000 5 years 0% P Santa Clara County L Predevelopment Expenses (Architectural & Eng.) 300,000 55 years 3% A CCS Capital Campaign E To be used for Office Construction 1,000,000 Grant $300,000 raised Santa Clara County L To be used for Residential Construction 747,800 55 years 3% R City of Sunnyvale G To be used for Residential Construction 200,000 Grant Staff recommending $100,000 City of Santa Clara G To be used for Residential Construction 40,000 Grant A City of Sar,,~o~a G To be used for Residential Construction 50,000 Grant P Federal Home Loan Permanent Financing 132,000 Grant P Bank _TOTAL 501 (c)3 Bond Proceeds L To be used for Residential Construction & Perm 1,516,500' 30 years 7.25% P Financing $6,411,300 Current cash flow projections show that debt service coverage for the permanent financing will be 1.15, based on net income of $142,762 in the first full year of operation. Debt service is estimated to be $124,141 based on a 30 year, 7.25% tax exempt bank-qualified bonds issued by the City of Cupertino of approximately $1,516,500. BRIDGE and CCS are currently in discussions with the City of Cupertino and Cupertino National Bank and Trust, which have expressed great interest in this approach. Projections utilize an annual rental increase of 3% and an annual expense increase of 4%. Project rents of $738 and $834 are well below the current market rates of $1548 for 1 BR and $1856 for 2BR units. The projected annual operating expense per residential unit is $3,300. Residential unit vacancy is conservatively projected at 5% per year. An annual deduction for replacement reserves is also computed at .6% of hard cost. Cash flow from residential operations will provide the debt service for the permanent financing. Secondary financing will be repaid from surplus cash flow from operations, with the exception of the CDBG and HOME funds, which will be begin debt service in Year 30 at a rate of 6% per annum. The City Bridge Loan is proposed to be paid by future City of Cupertino CDBG entitlement funds over a 5-year period. No expense projections have been developed for the office warehouse space operation. CCS will provide these at a future date. No income is projected for the office/warehouse component of the project. As stated previously, CCS will be the owner of the office building, which will be 100%, financed from the CCS Capital Campaign. Project Timeline: Jan-00 Finalization of Financing Plan Santa Clara County HOME Application (FY2000-2001) Mar-00 Prelim Site Plan / Density Studies w/Architect Neighborhood Meetings Applications to surrounding communities for funding Jun-00 Planning Application submitted Jul-00 Planning Commission Aug-00 City Council Approval Oct-00 Construction Documents completed Nov-00 Construction Plans bid by Subcontractors Jan-01 Ground Breaking Feb-01 Construction Start Aug-01 Preleasing begins Oct-01 Construction Complete FINANCIAL INFORMATION BUDGET NARRATIVE Please provide the following information: Capital Project 1. NH~xx~x~i~:~s Grant request of $ 50,000 This request, as a percentage of the total program budget equals]ess 'than percent. 2. On what basis is the Human Services Grant portion computed? (Pro-raued based on number of clients served, or other methodology?! This capita] expense grant request was based on the amount of ava~]ab]e funds for a housing project and also based on what is perceived to be the pro-rata share based on current CCS service to the Saratoga Community. What is the average cost per Saratoga client to whom direct services are provided? This is not a direct services request. The anticipated housing cost per client (resident) is $159,000 excluding land, the cost of one residential unit. Has your organization ever had funds withdrawn or contract terminated for cause, unsatisfactory performance or questionable cosus on any financial statements or audit? If yes please explain No. ' ' Is your organization currently on probation or under investigation by any agency which is or was a funding source within the past two years? No. If yes, please explain. 6. Please complete: FUND BALANCES Unrestricted Restricted Land, Bldg, & Endowment Fund Fund Equip. Fund Fund Actual Fund Balance 0 0 0 0 End FY 2000 Estimated Fund Balance 50,000 End FY 2001 FINANCIAL INFORF~%TION Capital Project PROGRAM BUDGET--REVENUES Sources of Funds If the program for which funds are requested is one of two or more programs sponsored by the agency, then the program budget must be be compleued. (Ail agencies are required to complete the organization budget.] CITY OF SAP~TOGA OTHER CITIES: Sunnyvale Santa Clara STATE FEDERAL(County HOME & CDBG) FEES FOR SERVICES FUND RAISING, CCS Capita] DONATIONS (CASH) RESERVE CONTINGENCY FUND ALL OTHER (LIST) City of Cupertino ...... CDBG ...... Future CD ".Bonds Estimated Federal Home Loan Bank AHP TOTAL INCOME Actual Budget FY 2000 0 0 Projected Budget FY 200i 50,000 100,000 40,000 1,047,800 ]ampa ign 1,000,000 ;G 1,800,000 176,000 450,000 1,516,500 132,000 6,411,300 NOTE: Ail amounts should be rounded to the nearest dollar. FINANCIAL INFORMATION PROGRAM BUDGET--EXPENSES Expenses PERSONNEL BENEFITS SUPPLIES CO~4UNICATIONS PRINTING/ADVERTISING UTILITIES SPACE RENTAL EQUIPMENT RENTAL TRAVEL (local-- conferences,etc) TRAVEL (other) CONTRACTUAL SERVICES INSURANCE MISC. EQUIPMENT SUBSCRIP./PUBLICATIONS Subtotal Expenses Capital Expense~ CAPITAL OUTLAY BUILDINGS EQUIPMENT Subtotal Expenses ~T~ EXPOSES C~IT~ OUTLAY Actual Budget FY 2000 PLEASE REFER TO DEVELOPMENT BUDGET FOR HOUSING PROJECT PAGE 3 OF NARRATIVE. Projected Budget FY 2001 Note: Ail amounts should be rounded to the nearest dollar. FINANCIAL INFORMATION ORGANIZATION REVENUE & EXPENSE BUDGET SUMMARY (July 1 - June 30 NOTE'*New Project Income & Expense/Capital Campaign excluded Actual Current Proposed % Change 1998/1999 Year 2000/2001 98/99- 1999/2000 99/00 INCOME Ci~, (includes all cities) $103,312 S174,669 $219,669 41% County/State/Federal Grants 69,767 64,000 64,000 (9%) Other Grants 121,673 172,850 169,235 30% Rental Income/Fees For Sen, ice 47,878 65,000 120,490' 26% Contributions 69,047 45,000 43,800 (53 % Other (Explain) Fundraising, Interest 128,400 37,000 37,000* (178% Total Income $540,077 $558,519 $654,194 8 % Expenses Personnel (Including Benefits) $244,209 $292,085 $332,270 16 % Operating Exp. rent, phone, utilities, etc. 187,524 216,334 216,334 13% Supplies 5,425 3,200 3,200 (70%) Equipment Costs 1,197 2,000 2,000 40% Travel 143 200 200 29% Conferences & Training 2,200 1,500 1,500 (47%) Real Estate Holdings: Mortgage,etc. 38,800 43,200 97,894* 10% Total Expenditures .$479,498 $558,519 $653,398 14% (Total carry over/loss) 60,979 (0) 796 (Attachment ~5) City of Saratoga community Development Block Grant Program/ Human Services Grant Program PROPOSAL COVER PAGE APPLICANT ORGANIZATION NAME City of Saratoga Community Development Department ADDRESS 13777 Fruitvale Avenue Saratoga, CA 95070 NAME/TITLE OF PROPONENT SIGNATURE TELEPHONE NUMBER PROJECT NAME James Walgren, Community Development Dir. (408) 868-1232 Sanitary Sewer Connection Ordinance DOLLAR AMT. OF FUNDS REQUESTED FROM CITY OF BARATOGA$37'271 PROJECT ABSTRACT (Limit statement to space provided) The City has adopted an Ordinance requiring all Saratoga residents to connect to the public Sanitary Sewer System within 5 years. The funds requested would be used to assist those residents in financial need due to economic hardship. The City of Saratoga does not discriminate color, national origin, sex, religion, age provision of services and programs. on the basis of race, or disability in the 13777 FRUITVALE AVENUE · SARATOGA. CALIFORNIA 95070 · (408) 868-1200 _Incorporated October 22. 1956 February 22, 2000 COUNCIL MEMBERS: Evan S.'.a~ ~o~3os,ar ,~o~ Mel~a#ey N:Ck Strei: NOTICE OF REQUIREMENT FOR CONNECTION TO PUBLIC SANITARY SEWER In an effort to improve underground and creek water quality in the region, the Saratoga City Council recently adopted a new sewage disposal ordinance that applies to all properties within the City of Saratoga. The ordinance requires that septic systems in the City be abandoned and the properties connected directly to the public sanitary sewer when a public sewer line is available within 200 ft. of a property line. A public sewer line is not considered "available" if existing grades do not permit a gravity flow connection, or if a legal easement or right-of-way to the sewer line does not exist. Your property has been identified as being within 200 fi. of an existing public sewer line. If you feel that your property has been incorrectly identified or cannot be connected to the public sanitary sewer due to grade or fight-of-way constraints, you may submit a report fi-om a Registered Civil Engineer or a Licensed Land Surveyor to the City for consideration. Othenvise, you will need to connect your property to the public sanitary sewer within 180 days of receipt of this letter. Property owners with properly operating septic systems may request up to a five-year extension of time to connect to the public sanitary sewer. To request an extension, you will need to submit a report fi'om a Registered Civil Engineer, a Registered Environmental Health Specialist or a person with a C42 State Contractors Board License, verifying that your septic system is functioning properly pursuant to Santa Clara County Environmental Health Department standards. If you cannot locate an RCE, REHS or C42 Licensee to prepare the report, you may contact the County Environmental Health Department directly for assistance. The attached Notice of Requirement for Connection to Public Sanitary Sewer provides more specifics of this program and its requirements. If you have any questions, you may contact the following agencies for assistance. A sanitation district boundary map is attached to identify the dislrict that serves your property. Printeo on recyclecl Daoer · City of Saratoga Community Development Department Shirley Nishkian at (408) 868-1244 forprogram information and requirements · Santa Clara County Environmental Health Department Kurt Fisher at (408) 299-6060 for septic system inspection requirements · Cupertino Sanitary District Carl Beckham at (408) 253-7071 to determine if sanitary sewer is available · West Valley Sanitation District Sam Young at (408) 378-2407 to determine if sanitary sewer is available The City understands that this notice may impose a financial burden on homeovmers, and there is ultimately a financial exception that can be made for qualifying individuals. Please contact City of Saratoga staff to inquire about a financial exception. Your sanitation district may also provide a financing assistance program, and should be contacted directly with inquiries. Thank you for your attention and anticipated cooperation in this matter. NOTICE OF REQUIREMENT FOR CONNECTION TO PUBLIC SANITARY SEWER February 22, 2000 Pursuant to Section 7-10.080 of the City of Saratoga Municipal Code you are hereby notified of the following: I. DETERMINATION. The Health Officer of the City of Saratoga has determined that you are an owner or occupier of property within the boundaries of the City of Saratoga from or upon which sewage is generated and which is not connected to an existing approved public sanitary sewer. The location of the property to which this notice applies is specified in the letter accompanying this notice. The Health Officer has further determined that an approved public sanitary sewer is available within two hundred (200) feet of the boundary line of the property which you own or occupy. Accordingly, your obligations are as set forth in Section II, below. II. OBLIGATIONS. Pursuant to Section 7-10.080 of the City of Saratoga Municipal Code you are required to take one of the following actions: Demonstrate by August 21, 2000 that the property (including all buildings on the property fi.om which sewage is generated) is connected to an approved public sanitary sewer. Request and receive an extension of time to connect the property (including all buildings on the property fi.om which sewage is generated) to an approved public sanitary sewer. The request for extension of time must be filed no later than April 7, 2000. The extension of time, if approved, may be for no more than five (5) years. C. Demonstrate by August 21, 2000 that the property has been vacated. D. Demonstrate to the satisfaction of the Health Officer of the City of Saratoga that the determination set forth in Section I above, is incorrect (i.e., no sewage whatsoever is generated on the property, no public sanita~' sewer is available within 200 feet of the property, the property (including all buildings on the property from which sewage is generated) is connected to a public sanitary sewer, or the property lies outside the CiD' of Saratoga). Evidence supporting this claim must be filed no later than April 7, 2000. Each of the options discussed above is described in more detail in Section IV of this Notice. All correspondence and other materials documenting compliance with the requirements of Section 7-10.080 must be in writing and delivered (in person or via the U.S. Mail or other recognized delivery service) to the address below; compliance correspondence will not be accepted via fax, telephone, or e-mail. Health Officer c/o Kristin Borel Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Questions concerning the program may be sent to the above address, or via fax sent to 408/868-1280, via telephone to 408/868-1244, and via e-mail to building~saratoga.ca.us. As noted above, correspondence and other materials documenting compliance must be delivered to the address above. III. NOTICE OF NON-COMPLIANCE. Pursuant to the determination set forth in Section I, above, a Notice of Non- Compliance will be recorded in the Santa Clara County Recorder's Office unless, prior to April 7, 2000, the City Health Officer has received either: Ao Evidence that the property (including all buildings on the property from which sewage is generated) has been connected to an approved public sanitary sewer; B. An application requesting an extension of time to connect to an approved 2 public sanitary sewer; or Evidence satisfactory to the Health Officer to demonstrate that the determination set forth in Section I, above, is not correct. Once recorded, a Notice of Non-Compliance will be removed from Count3, records only upon: The Health Officer's determination that the property (including all buildings on the property fi:om which sewage is generated) has been properly connected to an approved public sanitary sewer; or The Health Officer's approval of a request for extension of time to connect to an approved public sanitary sewer and the property owner's execution and recordation of the covenant required for such extension of time (see Section IV.B, below); or 3. The Health Officer's determination that the property has been vacated; or The Health Officer's determination that the determination set forth in Section I, above, is not correct. IV. REQUIREMENTS FOR SATISFYING OBLIGATIONS SET FORTH/N SECTION II ABOVE. Connection To An Approved Public Sanitary Sewer. In order to demonstrate that the property (including all buildings on the property from which sewage is generated) has been connected to an approved public sanitary sewer, the Health Officer must be provided with a letter from either the West Valley Sanitation District or the Cupertino Sanitary District stating that the property (including all buildings on the property fi:om which sewage is generated) has been connected to the District's public sanitary sewer system and that all applicable connection fees have been paid. All correspondence should be directed to the Health Officer at the address indicated in Section II, above. Bo Request and Receive An Extension of Time For Connection To A Public Sanitary Sewer. The Health Officer may grant an extension of time of up to five (5) years to connect the property to a public sanitary sewer if the on-site sewage disposal system on the property does not constitute a public nuisance. Extension Application. An application for an extension of time must include (a) the application form included with this notice, (b) an inspection report describing the condition of the existing on-site sewage disposal system, and (c) a covenant agreeing to connect the property (including all buildings on the property fi.om which sewage is generated) to an approved public sanitary sewer within the time allowed by the extension. The inspection report and covenant are described below: The inspection report is a written report summarizing the results of an inspection of the existing sewage disposal system on the property. The report must state whether the private on-site sewage disposal system is operating in compliance with the City of Saratoga Municipal Code. (A complete copy of the code as it applies to sewage disposal systems is available for review in the office of the Director of Community Development. Please send a request to the address indicated in Section II, above, if you would like a copy of the relevant provisions of the code mailed to you.) The inspection must be conducted and the report prepared by a registered civil engineer or a registered environmental health specialist, or any other individual who is determined by the Director of the Santa Clara County Environmental Health Department to be qualified to perform such inspection. (If you choose to have a report prepared by an individual who is not a registered civil engineer or a registered environmental health specialist, the inspection report must include a letter or other acknowledgment from the Director of the Santa Clara County Environmental Health Department confirming that the inspector is qualified to perform the inspection.) The inspection report may also include information regarding 4 existing soil conditions in the area, drainage conditions, the de~ee of development in the area, and the type and condition of the particular sewage disposal system serving the property. The information in the inspection report will be considered by the Health Officer in determining whether the existing on-site sewage disposal system is and can reasonably be expected to remain adequate for treatment and disposal of sewage during the period of the extension without constituting a public nuisance. The Health Officer will make this determination based on the condition of the on-site system itself as well as existing soil conditions in the area, drainage conditions, and the degree of development in the area. The extension application must also be accompanied by a letter from the property owner agreeing to enter into a covenant in which the property owner agrees (a) to cause connection of the property, (including all buildings on the property from which sewage is generated) to be made to the existing public sanitary sewer within the time period of the extension granted by the Health Officer or upon demand of the Health Officer, whichever date comes first, and (b) to notify any purchaser or transferee of the existence of the covenant and the performance or non-performance thereof prior to such purchase or transfer. Review and Approval or Denial of Extension Application. Upon receipt of an application for an extension of time, the City Health Officer will review the application and determine whether an extension will be granted and, if granted, the length of time for which the extension will apply. If the extension is granted, the Health Officer will complete the covenant to include the expiration date of the extension. The extension will take effect after the covenant has been signed by the property owner and recorded in the Santa Clara County Recorder's office. The term of the extension may be extended beyond five (5) years only upon a determination of financial hardship made by the City Council. If the extension request is not granted, a Notice of Non-Compliance will be recorded against the property and a letter stating that the 5 Co De extension request has been denied will be sent to the propert?' owner and will specify the date by which connection of the property (including all buildings on the properly from which sewage is generated) to the public sanitary sewer system must occur. o Appeal of Extension Application. The determinations of the Health Officer may be appealed to the City of Saratoga Board of Appeals pursuant to Section 3-15.080 of the City of Saratoga Municipal Code. The decision of the Board of Appeals shall be final. All correspondence concerning extension applications should be directed to the Health Officer at the address indicated in Section II, above. Vacation of the Property. Property owners or occupiers may also demonstrate compliance with the Code by vacating the property. In order to demonstrate compliance with the Code in this manner, the following information must be provided to the Health Officer: Certification by a registered civil engineer, registered environmental health specialist, or other qualified professional that all sewage facilities on the property have been abandoned in accordance with Section B11-29 of the Code of Santa Clara County. All correspondence concerning vacation of the property should be directed to the Health Officer at the address indicated in Section II, above. Inapplicability of Ordinance. As described in Section I, above, the requirement for connection to a public sanitary sewer applies only to property within the boundaries of the City of Saratoga from or upon which any sewage whatsoever is generated and which: (1) is not connected to an existing approved public sanitary sewer; and (2) is located such that a public sanitary sewer is available within two hundred (200) feet of the boundary line of such property. If you believe that your property does not meet the description above and that you have received this Notice in error, please provide evidence supporting that position to the Health Officer. Note that a public sanitary sewer within 200 feet of the boundary line of a property may not be available to that property 6 if the right-of-way necessary to connect the property to the sewer cannot be obtained or if the grade between the property and the sewer system does not allow connection. All correspondence concerning the validity of the determination in Section I, above, should be directed to the Health Officer at the address indicated in Section II, above. go REQUIREMENTS APPLICABLE UPON SALE OR TRANSFER OF PROPERTY. Please be advised that Section 7-10.070 of the Saratoga Municipal Code prohibits the transfer or conveyance of more than fifty (50) percent of the ownership interest in any real property, residence, place of business, or other building that (1) is located within two hundred (200) feet of an available approved public sanitary sewer and (2) has a private on-site sewage disposal system unless the buyer and seller arrange for connection to an approved public sanitary, sewer to the satisfaction of the Health Officer as a condition to close of escrow or transfer of ownership of the subject property. P :"-qARATOGA~t AT I hRST041 .V6 7 Cupertino Sanitary District (408) 253-7071 / AW MAP OF SARATOGA West Valley Sanitation District ,:;?(408) 378-2407 ~;;"~.'""'"X ;,,-~ ~ '*' ( / .q;:.~.--.-~:~,: ..... .,i .~i.. '.,',.~: -% ::-:":.i.: -.'. Sanitation District Boundary Map On-Site Sewage Disposal System Abatement Program Compliance Report/Request for Compliance Extension Please complete this form and file it with the City of Saratoga at the address listed below no later than the date specified in the Notice of Requirement for Connection to Public Sanitary Sewer. I. Property. and O,~aer Information Property Address: Assessor's Parcel No. Property Owner(s): Tenant(s) [if other than owner(s)]- Primary Contact (other than owner(s)): (Name) (Daytime Phone) (Street) (Fax) (City, State, Zip) (Evening Phone) (E-Mail Address) (Note: The Primary Contact is a person you authorize (other than yourself and any other owners) to receive correspondence and other communications from the City concerning your property's compliance with the Abatement Program.) II. Compliance Report/Extension Request Please check one of the following: The property named above has been connected to an approved public sanitary sewer. Attached please find a letter from the sanitary sewer district serving the property documenting this fact. I hereby request an extension of time to connect the property named above to an approved public sanitary sewer. Attach~l please find (1) an inspection report prepared in accordance with section 7-10.070 of the City of Saratoga Municipal Code and (2) a proposed covenant satis ~fying the requirements of section 7-10.080 of the City of Saratoga Municipal code. The property owner(s) agree to execute the attached covenant if the extension request is approved. The inspector's report was prepared by (name of inspector) based on an inspection performed on (date of inspection). The property named above has been vacated. Attached please find certification by a registered civil engineer, registered environmental health specialist, or other qualified professional that all sewage facilities on the property have been abandoned in accordance with Section B 11-29 of the Code of Santa Clara County. The property is not subject to the on-site sewage disposal system abatement requirements of the City of Saratoga for the reasons documented in the attached materials. By my signature below I declare that the information submitted herein and attached hereto is accurate and tree and that I am the owner of the property named above or am authorized to file this document and all attachments and make the representations herein and attached hereto on behalf of the owner(s) of said property. Filed this day of ,2000. (Signature) (Printed Name) (Address and phone if different from primary contact listed above) This document along with supporting materials must be filed with the City of Saratoga Health Officer addressed as follows: Health Officer c./o Kristin Borel Community Development Department City of Saratoga 13 777 Fruitvale Avenue Saratoga, CA 95070 2 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.: MEETING DATE: April 5, 2000 ORIGINATING DEPT.: Recreation AGENDA ITEM: CITY MANAGER:X~ ;~~ ?/~ PREPARED BY: Joan Pisani SUBJECT: Short Term Repairs for Community and Senior Center RECOMMENDED ACTION(S): Direct staff to move forward with facility improvements. REPORT SUMMARY: At the City Council meeting March 21, 2000 Anderson Brule Architects, Inc. made a presentation on a new Community and Senior Center facility. Their findings outlined size, location and cost options. After the presentation, the City Council requested additional information on a new facility. Realizing that a new building would probably be a few years away from being built, the City Council requested that staff'return with a list of the current building improvements needed. In January, 1999 a Community and Senior Center needs assessment report was presented to the City Council. This report was the result ora study of the condition of the existing facility, space requirements to meet program needs, and a user survey regarding the challenges presented by each physical space in relation to the program it currently supports. The needs assessment report recommended several facility improvements. After reviewing the list, it is felt the following problems should be addressed in the very near future: · Heating, ventilation and air conditioning systems are inadequate · Carpet, paint, ceiling tiles, flooring and window coverings are in need of replacement · Restrooms need upgrading and remodeling · Various plumbing fixtures need repair and/or replacement · Enlarged preschool area with adequate amenities (can be achieved by renting a portable) · Enlarge/remodel information office, redo front counter, provide proper work stations for staff · Convert small conference room to office space and work area to be used by all staff · Convert current preschool room to conference/class room · New roof for the entire building · Rent two additional portables for classroom space · Kitchen: reface cabinets, improve lighting, replace counter tops and stove · Replace drinking fountains (2) It .has been very difficult in the last week to get bids on the Projects listed above because local contractors and vendors are extremely busy. Attached you will find a priority listing of best guess cost estimates on the above improvements. FISCAL IMPACTS: $280,560 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Improvements will not be made to the Community and Senior Center. ALTERNATIVE ACTION(S): Direct staffto move forward with some of the improvements. FOLLOW UP ACTION(S): Staff.will begin improvements to the Community and Senior Center. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Priority and Cost Estimate List COMMUNITY CENTER & SENIOR CENTER REMODEL ESTIMATES 3/30/00 PRIORITY INTERIM UPGRADE EST. COST RUNNING TOTAL 1. HVAC - Modifications 2. NEW ROOF - Entire building 3. OFFICE - Enlarge Customer counter area Enlarge office space - Install proper Workstations 4. PRESCHOOL - Portable 30' x 40' To include .sewer, water, electrical & phone hook-up 4. CURRENT PRESCHOOL - Convert to conference and classroom - Reface cabinets CARPET - $24. sq. rd. installed 6. CURRENT CONFERENCE RM - Convert to office space and work area for staff 7. CLASSROOMS (2) - Portable 24' x 40' - To include Necessary hook-ups 8. CEILING TILES 9. WINDOW COVERINGS 10. INTERIOR PAINT 11. KITCHEN - Reface cabinets - Replace counters 'Replace stove - Upgrade lighting 12. PLUMBING FIXTURES - 2 Drinking Fountains $40,000. * $40,000. $60,000. $100,000. $10,000. * $20,000.(install) * $12,000. (annual rent) $8,000. * $2,900. $5,000. * $15,000.(install) * $12,000(annualrent) $4,000. * $6,000. * $4,900. * $15,000. * $ 4,000. * 13. FLOOR TILE (ASBESTOS) Multipurpose Rm 4200 sf Patio Rm 800 sf 5000 sf~ $3. sf $15,000. * SUB TOTAL 20% CONTINGENCY TOTAL * Staff estimate based upon prior information and other relevant project costs. $110,000. $142,000. $150,000. $152,900. $157,900. $184,900. $188,900. $194,900. $199,800. $214,800. $218,800., $233,800. $233,800. $ 46,760. $280,560. SASCC EO. Box 3033 SARATOG&CA95070 (408) 868-1257 TO: SARATOGA CITY COUNCIL FROM: SARATOGA AREA SENIOR COORDINATING COUNCIL DATE: MARCH 27, 2000 SUBJECT: FACILITY IMPROVEMENTS NEEDED FOR THE SENIOR CENTER AND ADULT CARE CENTER The following is a list of improvements that SASCC feels are essential in order to be able to continue operating comfortably for the next couple of years. It is our understanding that these basic improvements are a "temporary fix" until the City can put together a Master Plan that would include a total rebuild of the Community Center, Senior Center and Adult Care Center. Heating & Air Conditioning: Our offices are connected to the same heating and air conditioning system as the Dance Studio. As a result, we must tolerate fi'eezing cold air blowing down on us in the middle of the winter and other unnecessary times. The controls for both the air conditioner and the heater are located in the Recreation side of the Community Center, not easily reached by the staff in the Senior Center. gte would like separate heating and air conditioning and controls for the Senior Center. Carvetin~: The carpeting throughout the lobby and office areas of the Senior Center and Adult Care Center are badly worn and in some areas, torn, separating at the seams and tattered. The carpet has been installed at different times and therefore does not match in color or style. It is not only unsightly, but could be a tripping hazard if seams continue to pull apart, gee would like new carpeting throughout the lobby and office areas of the Senior Center and Adult Care Center. Class Space: We are in serious need of more classroom space. Our multipurpose room is large but does not allow for more than one program at a time because there is not a devise to break up the room or prevent sound fi.om disturbing simultaneous groups. We have a very small lounge that is booked continually so we are forced to use the Community Center's conference room and the EOC room at City Hall for many of our other programs and meetings. We have had to cancel classes and turn down offers for new programs due to lack of space. Also, we have a grant to start a small computer lab and very high demand for computer related classes. We are unable to proceed with any of these types of programs because of space restrictions, gte would like a portable classroom in which we could have classes, meetings, computer equipment and training. New Roof: The roof of the Community Center leaks terribly. Large leaks in offices have drenched computer equipment, file cabinets, paintings and ruined important documents on many occasions. There are also leaks in the multipurpose room and garbage cans, buckets, coffee cans etc. are used to catch dripping water. We have had a number of people slip on rainwater but luckily no injuries have occurred, gte would like a new roof put on the entire Community Center. Caring for and serving the needs of Saratoga Area Seniors SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO: AGENDA ITEM: MEETING DATE: April 5, 2000 CITY MANAGER: ~,.x~,~0_~; ~ ~~--~ ORIGINATING DEPT: Community Development DEPT HEAD: SUBJECT: Background report on the viability of creating a commercial district Redevelopment Agency or Business Improvement District or contracting with an Economic Development Coordinator to serve Saratoga's commercial districts. RECOMMENDED MOTION: Accept staff report and direct staff accordingly. REPORT SUMMARY: Councilmember Streit has suggested that the City consider establishing a Redevelopment Agency to reinvigorate Saratoga's commercial districts. To frame the discussion, staff recommends narrowing the districts to perhaps the Village and the southern one-half of the Gateway area. The northern half of the Gateway area is developed with established, well maintained, mixed use commercial-residential developments that are not likely to change in the near future. Similarly, the Argonaut and Quito Village shopping centers, and the other smaller commercial and office complexes throughout Saratoga, do not appear to be in need of redevelopment. Redevelopment Agency A Redevelopment District could be delineated to include the Saratoga Village and the southern Gateway area. Typically, the City Council would then become the Redevelopment Agency. To create the District, the City would need to conclude that the areas are physically "blighted" and in need of public agency intervention. Public money could then be used to repair and upgrade district infrastructure. Redevelopment Districts Redevelopment Report Page 2 are also used to buy or condemn properties and then build public buildings in their place to stimulate the district. The City is then paid back for its investment through the incremental increased property taxes collected as a result of the properties' higher value. Redevelopment Districts are also used to build public housing to meet regional affordable housing requirements. Gateway Area The City now has a Caltrans agreement to relinquish Saratoga-Sunnyvale Road to the City of Saratoga and pay the City approximately $2 million for its repair. This money will be pooled with the approximately $1 million the City already has to construct infrastructure and beautification improvements along Saratoga-Sunnyvale Road in the Gateway area. Since this work is now imminent, it is probably not necessary to consider a Redevelopment District for Gateway infrastructure improvements. However, a Redevelopment District may be beneficial to purchase/resale or upgrade private property. The Goals Statement and Implementation Measures drafted by the Gateway Specific Plan Task Force in 1996 are attached for reference. Saratoga Village In the mid-1980's, a task force of City staff, Village merchants and Chamber of Commerce representatives developed the Village Plan. At the time, the Village was a very different place than it is today. Parking District No. 3 did not yet exist, buildings were dilapidated and vacant and Big Basin Way was in poor condition. The Village Plan included goals and objectives that ultimately led to: · The completion of the four public parking lots. · The reconstruction of Big Basin Way roadway infrastructure, including street trees and decorative paving at crosswalks. Specific zoning regulations for the Village that precluded offices and residences from having street frontage on Big Basin Way in an effort to promote retail businesses and pedestrian vitality. Offices and residences may have street frontage in the upper Village subject to a Conditional Use Permit. · The Village Design Guidelines handbook. The infrastructure and beautification work done in the Village is approximately ten years old. It is probably not necessary to consider a Redevelopment District for Village infrastructure improvements. In both the Gateway and the Village area, the primary P:\PlanningXJames\CC Memos'uRedevelopment Report.doc Redevelopment Report Page 3 benefit of creating a Redevelopment District would be the ability of the City to physically redevelop individual commercial sites. The City has asked an attorney specializing in Redevelopment Law to address the Council on April 5 to give a brief overview of the legal viability of establishing a Redevelopment District in Saratoga. Business Improvement District A Business Improvement District could be created without the need to declare an area blighted. A BID could also provide financing for infrastructure and beautification improvements. This type of district, however, relies on the property owners within the specific districts to agree to assess themselves for these improvements. The attached minutes from a recent Saratoga Business Development Council meeting indicates that this subject was recently taken up and rejected by the commercial business representatives of that group. Economic Development Coordinator Both a Redevelopment District and a BID can be used to finance an Economic Development Coordinator position to develop programs to invigorate commercial districts. In 1996 an Economic Development Coordinator, working with the City manager and the SBDC, developed the attached Economic Development Plan for Saratoga's Commercial Areas. If the local business groups are not now able to advance the plan, an Economic Development Coordinator could be hired to support ongoing implementation of this plan. Other efforts of an Economic Development Coordinator could include an aggressive recruitment of specific businesses to Saratoga. Since there may not be support to fund an Economic Development Coordinator through a BID, the City Manager has suggested that the City consider funding this position from the General Fund. If the City Council pursues funding this type of a position, it would make sense to allow the SBDC to oversee the effort. FISCAL IMPACTS: The City will incur staff costs to administer a Redevelopment District, a BID or an Economic Development Coordinator contract. More directly, the City may incur the cost of the Economic Development Coordinator contract. This would likely range from $75,000 to $90,000 annually, including benefits. PSPlanningUames\CC MemoskRedevelopment Report. doc Redevelopment Report Page 4 ADVERTISING, NOTICING AND PUBLIC CONTACT: An agenda notice and this memo (without attachments) were mailed to each of the approximately 60 individuals/groups listed on the City's community mailing list, including the Chamber of Commerce. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: No direction to staff on this item would simply table the matter. FOLLOW UP ACTIONS: Staffwill follow up as directed by the City Council. ATTACHMENTS: 1. Gateway Plan Goals Statement and Implementation Measures 2. Saratoga Business Development Council meeting minutes 3. Miscellaneous newspaper articles chronicling City's past efforts 4. Economic Development Plan for Saratoga's commercial Areas P:XPlanningXJames\CC Memos'xRedevelopment Report. doc GATEWAY SPECIFIC PLAN TASK FORCE Goals Statement Draft Goals Statement and Implementation Measures Establish an attractive entrance to the City of Saratoga through the improvement of the physical appearance, the development of a pedestrian safe environment, the maintenance of a friendly neighborhood aunosphere and the enhancement of economic vitality in the Saratoga-Sunnyvale Road Gateway Corridor. Implementation Measures Traffic Control/Circulation Signalize Seagull Way intersection. Evaluate possible signalization of Kirkmont Drive intersection. Consider reducing the official speed limit in the Gateway Corridor to 35 miles per hour. 3. Locate or relocate bus stops at appropriate locations along Gateway Corridor· Road and Right of Way Improvements Install raised median islands along length of Gateway Corridor to provide landscaping, reduce vehicle speeds and create safe, logically placed left turn lanes. Establish adequate ingress and egress to commercial centers via left turn lanes at breaks in center median. Install curb and gutter along length of Gateway Corridor. Consider "choker" lanes to better control vehicle speed and increase pedestrian safety. Underground existing and new utilities along the Gateway corridor. Install distinctive pedestrian crosswalks at Seagull Way, Kirkmont Drive and Prospect Road intersections. Abandon bike lanes and develop a continuous dedicated bike and pedestrian pathways on both sides of the Gateway Corridor. Develop pedestrian trail or other limited public access to Calabasas Creek area directly adiacent to the Gateway Corridor. ~ Install *'Gateway** arch or other appropriate signage (such as monument signage in center median) at Prospect Road. Building Design Encourage commercial,, retail and professional office development or redevelopment. Encourage the use of common, natural looking building materials. Promote development and redevelopment that incorporates a traditional small town feel. Ensure that sensitive commercial/professional/retail development occurs in areas adjacent to residential uses by utilizing existing Design Review public hearing process. Landscape and Lighting Signs 1. Develop a landscape plan for planting in median strip and along pedestrian/bicycle pathway to include appropriate street fumiture such as benches and trash receptacles. Locate mature trees on median strip and along street Right of Way. Trees should be spaced so as to maintain the visibility of businesses along street. Consider permanent, Iow wattage, decorative white lighting within the tree canopies. Establish street tree program. Install decorative light standards along sidewalk side of corridor to light paths, parking areas and businesses. Focus median landscaping on area immediately north of railroad tracks. Establish'a group of citizens/business and property owners to encourage appropriate landscaping and upgrades on private parcels in the Gateway Corridor. Install mature trees and landscaping on the southwest comer (service station) of the Prospect/Saratoga-Sunnyvale Road intersection to compliment mature trees and landscaping on the southeast comer (Saratoga National Bank). Develop monument sign program for the Gateway Corridor. Monuments to display street numbers, name of center and, if feasible, the name of businesses. 'Locate monument signs along the public ROW at shopping center driveways. Develop design standards, including a Gateway logo, for monument signs. Evaluate, and update as necessary, existing signage and sign programs for each commercial center. 5. Develop special sign regulation for the Gateway area. 6. Limit but do not prohibit neon and other window signage. Miscellaneous Reconcile street number anomalies (i.e odd/even) along Saratoga-Sunnyvale Road such as in the Azule Shopping Center. Consider new, shorter;street name for Saratoga-Sunnyvale Road to avoid confusion with Saratoga Avenue. Saratoga Business Development CoUncil Tuesday, March 28, 2000 8:00 A.M. Saratoga City Hall Administrative Conference Room 13777 Fruitvale Avenue Saratoga, CA 95070 AGENDA 1. Introductions 2. Notes from January 25, 2000 meeting - see attached 3. Updates on Projects of Interest · Downtown Performing Arts Theater · Saratoga - Sunnyvale Road (Gateway) Improvements · .Azule Crossing Redevelopment Application · Mountain Winery 4. Committee Reports · Celebrate Saratoga 5. Old Business · Citywide Directional Sign Program 6. New Business · Review City Sales Tax receipts · Redevelopment/Economic Development possibilities 7. Date and time for next meeting - Tuesday, May 23, 2000, 8:00 A.M. 8. Adjournment Saratoga Bu~siness Development Council Meeting Notes January 25, 2000 The Saratoga Business Development Council convened at 8:15 a.m. in the Administrative Conference Room at City Hall. Councilmember John Mehaffey (Chair) called the meeting to order. An attendance roster is attached. Before proceeding further, Mehaffey proposed that a new Chair be selected for 2000. Abby Krimotat/Bili Cooper moved/seconded that Marilyn White be selected Chair of the SBDC for 2000. The motion passed unanimously. 2. Notes from September 28, 1999 meeting - White/Kristin Davis moved/seconded to accept the notes from the previous meeting. The motion passed unanimously. 3. Updates on Projects of Interest- Downtown Performing Arts Theater - Ken Carter reported on the status of the project. The appraisal for the barn building came in at only 40% of what the owner has indicated the sales price should be. This makes it difficult to arrange financing for the Eagle Wing Theater Board particularly since it does not appear feasible that a Charitable Remainder Trust could be established. The Board is now evaluating its options and is concerned about paying the $.5 million the owner wants for the property when they cannot be assured that the City will eventually approve the project. They are also looking at four other possible venues, three of which are located in Saratoga. They hope to be in operation in a temporary venue in August. Their ultimate plans are to produce eight shows per year, five weeks per show, plus several festivals. Larry Perlin suggested how the City might be able to assist with preliminary traffic and parking studies for the downtown site, and that the City might be persuaded to waive or defer application and permit processing fees until after a project is approved thus minimizing risk to the Theater Board to move forward with plans for that site. After further discussion, Bill Cooper/White moved/seconded that SBDC request the City Council grant special consideration to this project and provide assistance with traffic and parking studies, and fee deferrals so the project might move forward. The motion passed unanimously. Mehaffey indicated that he would mention this request at tonight's City Council meeting and that the Council could likely discuss it on February 16. Argonaut Center Renovations - Mehaffey reported that the project is nearing completion and only a few punch list items remain to be completed before final approval is granted. Tenant spaces are filling up and a grand opening was held in December. Saratoga-Sunnyvale Road (Gateway) Improvements - Perlin reported on the latest status of the project. He indicated the City has received tentative word from Caltrans that they have accepted the City's latest offer for relinquishing Saratoga- Sunnyvale Road to the City. A Cooperative Agreement is expected to be sent to the City within two weeks. The City also will be applying for a TLC Grant from the MTC to retain a consultant to help define a vision and concept for the Gateway area that would then be turned into an actual design. The schedule is to conclude the relinquishment effort this fiscal year, perform design development work in early FY 00-01, and construction in late FY 00-01. · Azule Crossing Redevelopment Application - Mehaffey reported that the project will be reconsidered by the City Council on February 2. Mountain Winery - Mehaffey reported that the City's comments on the draft Environmental Impact Report prepared by the County have been submitted to the County Planning Commission. Hearings are scheduled for March - April timeframe. 4. Committee Reports - Celebrate Saratoga - Davis summed up the 1999 event. This year's event is scheduled for September 23. The organizing committee that she chairs has begun meeting and several vacancies exist on various sub-committees. Persons interested in volunteering should contact either her or the Chamber. 5. Old Business- Citywide Directional Sign Program - Perlin reported that he had not yet seen the prototype sign for the next phase of the sign program. He will have the prototype available at the next SBDC meeting. 6. New Business - Review City Sales Tax Report - Perlin reviewed the quarterly sales tax report prepared by the City's sales tax auditors. 2Q99 receipts were $239,296 vs. $259,876 for 2Q98, or a drop of 7.9%. He attributed this to the renovation of the Argonaut Center and indicated that he expects to see sales tax receipts begin to rise as the project winds down. Discussion about Business Improvement Districts (BID's) - Perlin reviewed a memo from the City Attorney's office describing PBID's and PBIA's (Parking and Business Improvement Areas). The former assesses commercial property owners while the latter assesses business owners. The formations of both are similar although a PBID must follow the requirements of Proposition 218. Both are managed through a collaboration of business and property owners or by a non- profit entity that is set up for this purpose. The City's role is limited to administration and levy and collection of the assessments. Consensus was that these would not be feasible for either the Argonaut Center or Quito Village since they already have coordinated marketing efforts undertaken on behalf of the businesses in those centers by the property owners. Where they could work would be in the Village or the Gateway area however there was resistance to forming one several years ago when it was discussed by the SBDC. This is particularly true in the Village where property owners are paying for parking assessments and Landscaping & Lighting assessments already. No further action on this item was taken. 7. Date and time for next meeting - Tuesday, March 28 at 8:00 a.m. Place on the agenda an item to discuss specific projects or activities for which the SBDC would like to request funding from the City during the upcoming budget development process. Notes submitted by: Larry I. Perlin City Manager CITY HIRES TOP CONSULTANT TO PROMOTE LOCAL BUSINESS Council wants to attract shoppers and new merchants By CLARENCE CROMWELL The Saratoga City Council on Nov. 1 decided to pay a Chico-based mar- keting consultant $15,000 for a plan to to attract shoppers to Saratoga stores and lure new merchants to town. After interviewing six firms on Oct. 2, the Saratoga Business Devel- opment Council recommended that the city hire Downtown Revitaliza- tion Consultants. The company spe- cializes in economic development programs and has completed work for the cities of Los Altos, Los Gatos and Santa Cruz, among others. Dave Kilbourne, executive direc- tor of the company, said half the plan will involve marketing Saratoga as a good place to shop. The city needs to convince its residents to shop closer to home, rather than in Los Gatos and San Jose, he said. It must also draw outsiders to shop in the city. Kilbourne is well known as a pioneer in California's downtown revitalization movement, and has worked with dozens of cities around the state. He said he will help the city come up with a similar gimmick to attract.shoppers. A consistent, year-round ad cam- paign can heighten customers' awareness of a certain shopping dis- trict, Kilbourne said. The Village will probably lend itself naturally to such promotion. "The Saratoga Vil- lage has an upscale, friendly shop- ping atmosphere," he said. On top of drawing customers, Kilbourne hopes to attract unique businesses to the area. In a survey released Sept. 26, the business council determined that most resi- dents and merchants in Saratoga want a more diverse sampling of shops in the city. Downtown Consultants usually advertises in trade publications or newspapers to attract unusual or quirky businesses. For example, many cities could use a microbrew- cry pub, Kilbourne said. For the $15,000, the city ultimately gets a marketing plan and a workbook detailing how to promote the city. But first, Kilbourne plans to create a pro- ject committee consisting of business owners, residents and city staff mem- bers to help construct the plan. "We'll sit down and have some intensive workshops to see what people want." At press time, Kilbourne said he did not know when the process would get under way. NOVEMBER 8, 1995 SARATOGA NEWS 5 Expert to share secrets on business district success BID program could give local malls competition By A~mE M. BELT Ever since indoor malls began sprouting up across the country in the mid-1950s, their ever-rising revenues have been matched only by thc equal and opposite f'mancial fall of downtown business districts. Helping downtown businesses win thc war against malls/s Urban Planning Consultant Dave Kil- bourne's business. With more than 50 thriving California business dis- tricts bchindhim, Kilbourne will share his success secrets in Sarato- ga next week. In a free workshop sponsored by the SARATOOA NEws, Kilbourne will discuss "How to Develop, Revitalize and Promote Your Business District" from 8:30-10 a.m. on Wed., Oct. 9, at The Plumed Horse, 14555 Big Basin Way. A complimentary continen-. tal breakfast will be served. Kilbourne is California's lead- ing business revitalization expert, and the author of the pamphlet, "The BID Book: Guidelines for Forming a Down- town Business Improvement District Under California Senate Bill 1424." He walks businesses through each step needed to start a business improvement district-- a process which usual- ly takes from four to six months to complete. He says downtown businesses can compete on equal footing with large one-stop malls, like Valley Fair, by establishing a business improvement district (BID.). How'/ The answer is s~mple. BIDs establish an umbrella fund- ing mechanism similar to a mall's centralized retail management. Centralized retail management allows businesses within malls a tremendous savings on overhead costs. It also facilitates planning for promotional events and new business recruiting -- thc right kind of new businesses.The BID does the same thing for downtown businesses. "We're stcallng thc idea from them," he jokes, "but they've ' stolen plenty of ideas from us." Kilbournc is currently working to establish BIDs with businesses in Los Gatos and Los Altos. Downtown Chico, thc locus of Kilbournc's urban planning com- pany, provides one of thc best examples of thc BID's power to transform a sleepy retail sector into a thriving shopping center. Filtcen years ago, shortly after a new mall set up shop in Chico, downtown Chico businesses began to suffer. "Everybody thought thc mall was the second coming," Kilbournc says. "Thc traditional downtown shoppers went to the mall." As the shoppers left, so did thc store owners. When Kilbourne was hired to help set up a downtown BID, 25 percent of the store spaces were vacant. "Thc downtown merchants' association formed a BID out of desperation, as a way to fund com- munity promotion programs to bring shoppers and stores back downtown." Once the improvement district was established, downtown busi- nesses ~ at a cost of roughly $300 each per year -- began holding community events such as free concerts, car shows, boat shows, food festivals and "Downtown Chico: Live After Five," a festival of evening activ- ities (live theater, cinema, music) available long after the mall called it a day. They also began a beautification program replete with landscaping and street improvements. Today, downtown Chico has no vacancies ~ the mall is struggling to recruit businesses. "The vast majority of [business] owners find the BID concept very attractive," Kilbourne says. "The BID brings lost retail sales monies back to their stores." \hi. 43, ~o. It; \\'cdncsda.v. Ma~ lq. Saratogans like city's v llage-l ke arbiance~ B ut they vant more resident- 'serving businesses By CAROLYN LEAL Saratogans like their town's quaint village-like ambiance, its small-town atmosphere and its nat- ural beauty. However, they dislike Saratoga's lackof"community-serving" busi- nesses and want more "quality, diversified" stores. While they are fond of Saratoga's five-star restaurants, they point out that everyday family-style dining choices are limited. Citizens are proud of Saratoga's reputation as host to cultural, entertainment and art events and they see Saratoga as being "upscale, sophisticated and cul- tured,'' but they bemoan the lack of community consensus. These are some of the conclusions lrawn from a recent survey con- rated by consultant Dave Kil- ~urne of Chico, who has been hired by the city to plot a marketing strat- egy to bring more shoppers into Saratoga. The survey, published in the Chamber of Commerce newslet- ter, drew fewer than 100 responses. Kilbourne has coined "Savor Saratoga" as a possible city mar- keting theme that would encom- pass the five-star restaurants and cultural events. The phrase could be expanded to include "Discover Saratoga" and "Explore Sarato- ga,'' he suggested. As a way of funding a citywide promotional effort, Kilbourne has suggested formation of a Business Improvement District that could encompass all the merchants in the city. Kilbourne outlined advantages of the Business Improvement Dis- trict and asked 24 people in atten- dance at a recent merchants' meet- ing to indicate if they were in favor of forming such a district, which would charge merchants an annual fee to be used for promotion. If voted in, participation in the district wound be mandatory, he warned. Kilbourne later said 90 percent of the people at the meeting were interested in forming a BID, to include all-shopping areas within Saratoga. "The funds from each area would be carefully tracked, and those funds would be used for two levels of marketing--one? the city- wide image and concept of Sarato- ga; the other, the marketing of the individual business area," he said. If enough merchants support thc BID concept, the district would be created by petitioning thc City Council. About 200 such districts exist in California, Kilbournc said. Los Gatos is currently beginning a cam- paign to rcncw its B II). BIDs typically generate $25,000 to $50,001) per year to bc used to fund marketing programs. In many cities, the City Couucil matches merchant contributions, hc said. State lawon BIDs provides fora number of "safety features," Kil- bourne said, including that the BID must be real)proved by participat- ing businesses annually and all its funds be spent within thc estab- lished district boundaries on pro- grams and projects approved by participating businesses. Also, thc assessment formula cannot bc increased without going back through the full formation process, he said. Additional meetings will be held to determine merchant interest, Kilbourne said. "The next step is for representa- tives of individual businesses to talk to other businesses, then we'll probably put on another informa- tional workshop, but larger and more broad-based," he said. OCTOBER 'I~,'I~! sARATOGA NEWS Merchants get down.to"BID'.ness By~M. BELT Revitalization expert Dave Kil- bourne spoke to n group of roughly 40 Saratoga business owners Oct. 9 about the advantages'of starting a B,,_~,~ ess Improvement District. A BID is an umbrella funding m _cchnn{sm that allows busin .csses to. band together for such purposes as joint promotion, holiday decora- tions and reacting retailers... It has proven an excellent tool in' helping business districts through- out C~l{fornia compete with malls and shopping centers, Kilbourne said. .Regional centers have long benefited from centrn{izcd retail m .ana{~ement; the BID simply applies virtually thc same mecha- nism to old- fashioned downtownk. The two-hour brcnk~ast meeting, held at The Plumed Horse, was hosted by thc SA~A'ro~A Nv. ws. Metro Newspapers executive Dan Pulcrano, an organizer of the downtown San Jose and Los Oatos BIDs, said thc response of business nology. It's up to the businesses to determine whether it's appropriate for this community." BUsiness owner response to Kil- bourne's suggestions was strongly favorable following the meeting. "It was very interesting. An excel- lent idea," said Peggy Borgman of Pre~ton Wynne. "I'm concerned the Vfllago may be on thc small side [to reap the full benefits]. But Iwould absolutely join a BID. We've recy- cled some '[revitalization] ideas around here for a long time. There's kind of a lukewarm [pessimistic] environment. Some expertise would be welcome." The smallest California business district to establish a BID to date was the 40-business Loyola Corners in Los Altos, which has a $20,000 annual budget, .Kilbourne said. Former Saratoga Chamber of Commerce President Adrian Stan- ga said he was suprised to learn of a mechanism that has already helped downtown business districts in Cal- ifornia and other states recoup lost tion should all be under one umbrel- la .... We should puli together." Kilbourne emphasized the bene- fits of already-established business organizations working together through the BID. Because each business in an improvement district has a vote and helps to fund it, members tend to become actively involved in marketing and improve- ment plans,he said. ~"ne BID tends to unify busin_,~_ses and can serve as an effective lobbying and problem- solving mechanism. Klaus Pauche, owner of Plumed Horse, said, "If all th~ people could be brought to~ether, it could be the best thing to happen to the Village .... I think there is enough willingness here to improve thc busine~ss climate in thc Village. ...It certainly worked for other place.s. Why couldn't it work for us?" Kilbourne presented numerous ~..~n m pies of once- foundering down- town business districts that have risen from the ashes of obscurity to thriving centers of commerce. "I'd likc to find out more about owners here last Week was the most sales revenues from shopping malls. immediately receptive he's seen.. "I think theidea is good. _We need [thc BID concept], definitely," said · "I think they recogn!7¢ there ~. to s,tudy it,.", Stanga said."In Sarato- Sheila Arthur, executive director of too-many empty storefronts m ga, In particular, we should all be the chamber, "Anything that can Saratoga and something needs tobe working together. TheV'dlage Asso- help business in Saratoga is worth done," Pulcrano said. "We wanted ciafion, the ChnmberofCommerce, looking into, The economic situa- to pmmot, e awaren¢-s_~.of this tech,.., the Saratoga V'dlage Host As.socia:. tion in Saratoga is pretty bad." WEDNESDAY DECEMBER 6, 1995 3 Saratoga dusts off its welcome mat B Big plans: Consultant's report will suggest ways the city can attract more shoppers and tourists. BY CONNIE SKIPITARES A' Chico-based Consultant' is moving ahead to develop a pro- posal on how to better market Saratoga's comml~rcial areas to bring more business to town. The plan will analyze the busi- ness base the city now has and propose' new types of businesses that could benefit certain com- mercial 'areas. "It will look into what our strengths and weaknesses are and give us ideas on improving the business mix and the overall economic climate," said City Man- ager Harry Peacock. "It has noth- ing to do with expanding retail, but finding out what isn't here that we'd like to have and how to make the most of what we have." Peacock said businesses have "always been reactive. Instead of being ahead of the curve, we're behind it. This will give us a di- rection, something everybody can look at and say: This is what we want to do." A working outline of the pro- ject explains that consultant Dave Kilbourne of Downtown Re- vitalization Consultants will ex- plore better ways to promote one of Saratoga's chief strengths -- its fine gourmet restaurants -- as well as Some of its specialty retail shops and art galleries, using a regional marketing approach. He will also look at ways the city can draw a more diverse business mix; how it can better promote retail-oriented events, fairs and festivals; and how it can See DOWNTOWN, Page 3 A Marketing-Oriented Economic Development Plan For Saratoga's Commercial Areas Downtown ?.evitallzatlon Con~ultant~ Chico, California §-26-96 Saratoga Commercial Marketing Program: The overall goal of this program is to create an Image of Saratoga as a desirable commercial venue, a destination of choice In which to vlslt, shop, dine and carry out professional and banking buslness. Saratoga needs to address two distinct markets. The Primary Market, which Includes all local residents and the Secondary Market, which Includes ali non-local residents typically located within the greater Saratoga region. Saratoga's Primary Market currently represents slgnlficant retail sales leakage as they patronize nearby shopplng alternatives In 5an Jose, Cupertlno and Palo Alto. The Secondary Market currently represents a largely untapped stream of tourism actlvity that is highly desired as a means of replacing and/or supplanting local sales tax losses due to retail sales leakage from within the Primary Market. Regarding the approach to the Primary Market, current levels of local retail sales leakage to neighboring shopping alternatives such as Valley Fair and Stanford Mall need to be mitigated. Unfortunately, thls rate of leakage is not likely to be significantly abated until more community-serving retail uses are available within Saratoga. Regarding an approach to the Secondary Market, the attraction of new visitors and shoppers into Saratoga from throughout the region needs to be an ongolng prlority. This commercial marketing program is especially focused on stimulation of the Secondary Market at this time. Recommendations for market share enhancement · 1) The Economic Development Council needs to encourage expansion of the diversity of the current business mix in order to recapture local shoppers as well as attract a larger population of new visitors for the first time. In order to accomplish thls goal, an aggressive commercial recruitment campaign needs to be initiated using recommendations offered in that section of this Plan. 2) The Economic Development Council needs to encourage existing businesses to become more active and Involved and to adopt longer, more unlform buslness hours. "Hobby buslnesses" characterized as those operating on a limited schedule often draln the vitality of a shopping area. Furthermore, businesses operating on a sporadic schedule tend to diminish the professional credibility of thelr neighbors who may be malntalning more reliable operating hours. Shoppers and visitors are frustrated and discouraged by not knowing what to expect from tlme to time regarding availability of goods and services. An economic motive for possible extension of Saratoga's traditional retail hours is aptly expressed by the "48-84 Formula" which points out the economic reality of very divergent hours of operation as seen when comparlng small locally-owned shops with buslness hours maintalned by typical national discount retailers. Saratoga businesses mlght be open Monday through Saturday from 9 to 5, whlch totals 48 hours of available shopplng tlme. On the other hand, national discounters and regional malls such as Valley Fair, as well as the newly burgeoning factory outlet centers, are typically open. Monday through Sunday from 9 to 9 which totals 84 hours of available shopplng giving them a two to one advantage over businesses operating on a six day per week, eight hours per day schedule. Saratoga's shops need to consider staying open longer with more standardized hours if they hope to compete more effectively. To further lllustrate this point, one of the Mall's busiest days is Sunday due to the fact that most downtown areas, as well as neighborhood shopping centers such as Qulto Village and the Gateway Stores are closed. There Is truth to the old saylng, "If you are only open from 9-5 during the week, you are only open for the unemployed." 3) The Economic Development Council needs to facilitate and Implement one or more of the concepts and/or themes provided withln this plan for use as a ma rketlng strategy. As the old song suggests, "accentuate the positive and ellmlnate the negative." F, egarding accentuatlon of the positive, in the oplnlon of the community, what makes Saratoga a better, more desirable place to visit ? A brief survey taken over the past several months shows that there is a personal opinion profile for accentuating the positive aspects of Saratoga Indicated by the response pattern listed below. A partial listing is as follows: "What are Saratoga's greatest strengths or assets ?" · Its small town "quaint" atmosphere and ambiance · Physical Iocatlon-foothille, natural beauty of area · Large number of five-star restaurants · Ideal weather conditions · F, eputation for being upscale, sophisticated and cultured · Arts, culture and entertainment (concerts, plays, etc.) · Excellent local schools · Community's uniqueness and quaintness · Community spirit of volunteerlsm · Business proprietors are unique, sincere, and responsive · Potential for resort atmosphere · Highly educated residents · Saratoga Is family-oriented · Historic significance · Trees · Wildwood Park...A great community resource · Desire of residents to retain quality and character of community · Close to major populations · Accessibility...on main routes 85 and 9 · No large commercial developments such as the "big box" retailers Goal: Building upon the many positive attributes listed above which make Saratoga a deelrable place to live, work, visit, shop, and dine; develop a colorful and creative theme that would serve as an effective marketing strategy. Following a series of planning meetings over a period of several months,. a number of excellent and hlghly appropriate speclflc commercial marketlng- oriented themes have been put forward by members of both the business community as well as numerous other civic leaders and residents. The following three possible marketing phrases represent a quintessence, or distillation, of the top six category choices combining 92 responses to the question, What Are Saratoga's Greatest Strengths Or Assets ? · Saratoga's quaint, charming "village-like" ambiance combined with its small town friendly community atmosphere, as well as the natural beauty of Its physical location. (52 responses) · Saratoga's reputation of being upscale and sophlsticated with a wide offering of cultural arts and entertainment. (21 responses) · , Saratoga's large number of locally owned five-star restaurants. (19 responses) Based on community opinion and suggestions, speciflc marketing program .theme recommendations are as follows. Theme 1) By far the most popular and desirable aspect of Saratoga, In the oplnlon of a signlficant majority of those surveyed, relates to Its Ideal Locatlon, Setting, Climate and Natural Beauty combined with Its Small Town Village-Like Ambiance. With this mandate in mind, the followlng phrase expands upon that very popular concept. -Welcome To Saratoga. Experience Its Friendly .Small Town Village Ambiance While Enjoying The Natur'al Beauty And Climate; Of Our Historic Foothills Retreat" In order to build upon this very appropriate theme, promotion of the local ' hospitality industry should be emphasized including a focus on Saratoga's traditional friendliness, its concentration of five-star restaurants and local wineries as well as a possible new local microbrewery. Theme 2) Retreat To Saratoga. (An Escape-Oriented Theme. ) Saratoga should be promoted as a retreat. The friendly small town amblance, location and 'setting with an excellent climate and natural beauty, as mentioned above, offers Saratoga as an Ideal escape or retreat, for the evening, the weekend, or longer. When Inviting visitors to retreat to Saratoga, a lodging or I~ed and Breakfast sub-theme should also be pronounced. ."Escape From the City and Run For The Hills, Saratoga Loves Company~ as well as ... "Retreat From The Ratrace And Relax In F'eacet~ul Nearby Saratoga" note: it can be seen that themes one and two form a natural conceptual combination. Theme 3) "Savor Saratoga, Offering a Delicious Variety Of Epicurean Experiences" This concept offers a restaurant-oriented theme Intended to promote the concentration of locally-owned five star dlnlng opportunitles. While lnvlting visitors to retreat to Saratoga, as In Theme 2, promotion of the local hospitality Industry is a natural endeavor. In fact, emphasis on local hospitality services, including Saratoga's friendliness, its concentration of flys- star restaurants and local wineries, USaratoga has good taste..." provides a possible sub-theme. A relevant quote from one public opinion survey response states, "A new microbrewery Is an excellent Idea. We need to find a successful niche market like mlcrobrewlng, restaurants, tourism, etc. Also, don't sell local wineries short. We need attractors for tourists and we have established wlneries needing marketing that we should be promoting." With regard to further enhancing the "Savor Saratoga" theme, as mentioned above, serious consideration should be given to the posslbl!lty of recruiting a microbrewery. One of the newest and fastest growing industries in the country, a micro-brewing operation offers a wide varl~ty of benefits to the host city, such as: · Tourism stimulation .... i.e., The brew trekking phenomenon · Additional sales tax revenues · Attractor for other buslnesses in area · Excellent corollary business to work with existing concentration of testa ura Mrs · Excellent addition to the local hospitality Industry Theme 4) Based on Saratoga's traditional relationship wlth culture and the arts, an appropriate and highly effective theme might be developed around an emphasis of local culture tourlsm advantages as exemplified by Ashland, Oregon with its multi-million dollar annual cultural tourism industry based on the per~orming arts. Further theme development based on Villa Montaivo as well as the various local art resources and galleries of Saratoga would be e~ective. This emphasizes an up-beat, gracious, friendly and cultured attitude and environment while possibly o~fsetting the "etu~" reputation. The eu~eete~ theme phraee I~ ~elt Saratoga. The Friendly Culture~ Village" A eu~eetion written in on one of the public opinion eu~eye recommence the followln~. "Montalvo iea tremen~oue community reeource for the a~e and it ehould be developed an~ publicized ae euch. Poeeibly tie a~e culture theme in with ~atee of pefformancee of Montalvo, Saratoga Theater, et~." Ae hae been mentlone~ a number of timee'~uring ell~e ~ie~ueeione ae well ae ~uring Economic Development Council an~ Marketing Committee meetinge, the concept oi CulturaI.Tourlem o~ere an excellent tie with the theme Saratoga ae "The Friendly Culture~ ~illage". While promoting 5aratoga'e a~e an~ culture, emphaeize the concept Cultural Touriem by expreeeing the ~haraoter, pereonality an~ hieto~ Saratoga through the uee o~ a eeriee ~ outdoor pu~llc a~e wall murale. (Chemalnue, 5.C. offere an excellent example). Prior to ~oing thle, i~entifloation o~ poe~Ible mural eubjecte, l.e., the traditional hletorE aepecte o~ the community euch ae ire local heritage orchar~e, vineyar~e, et~. will nee~ to be ~u~her accompliehe~. A be~innin~ of thi~ ta~k ha~ been complete~ ~hrou~h the u~e o~ a one-pa~e eu~ey form. The reeulte of that a~e-related community oFlnlon eu~ aekin~ what eubjeote ehould be illuetrate~ through a clt~wl~e wall mural pro, ram are ae · One or more mural~ o¢ Sarato~a'e foun~in~ Fathere (an~ Mothere). · A eerie~ of a~rarian ~oenee from 5aratoga'e earlier fruit an~ ~rape ~rowin~ in~uet~. · A possible ~erle~ o¢ ~cen~ ~ak~n ~rom ~arl~ pNo~o~ o~ ~ara~a'~ Main 5~ree~. ~he 5~y Are~ ~ colony i~lu~i~ $he ~on~lne Theme 5) A number of Independent but closely related sub-themes built upon a series of action verbs. for example: A) "Discover Saratoga", Ideal for the Gateway Business Area due to their position as the first business district experienced as visitors enter Saratoga from San Jose and Cupertino B) "Explore Saratoga", Ideal for the Quito Village Shopping Area as they are located somewhat off of the beaten trail. (see graphic example, "Shopping Downtown Can Be An Adventure", in the Marketing Appendix.) C) "Savor Saratoga", Ae wae mentioned earller, ~hi~ phrase i~ ve~ appropriate for uee wi~hln ~he Pown~own Village area wi~h i~e concen~ra~ion o~ ~cellen~ ree~auran~ and wine ~ae~ing exFerlence~.. Conversely, ~hl~ ~ame eFecific ~heme ma~ no~ be ae appropriate for o~her Saratoga bueineee areae wi~hou~ ~he Village'e concentration o~ dining choice~. SeVeral o~her action verb Fhraeee ~ha~ could be employed on a rotating baei~ b~ any, or all, of ~he ~everal ~hoFFing area~ are, "~Ferience Saratoga" and "Celebrate Saratoga". In correlation with the specific commercial marketing themes listed above, several examples of possible Saratoga marketing themes or "romance" phrases are as follows: 1) "Welcome To Saratoga, Experience Its Friendly Village Ambiance While Enjoying The Natural l~eauty And Climate Of Our Foothills F, etreat." 2) "F, etreat From The Eat F, ace and F, elax In Nearby ?eaceful Saratoga" "Escape From the City and F, un For The Hills, Saratoga Loves Company" :5) "Savor Saratoga, Offering A Delicious Variety Of Five-Star Epicurean Experiences" 4) "Visit Saratoga, The Friendly Cultured Village" 5) "Discover Saratoga", "Explore Saratoga", "Savor Saratoga", etc. it is recommended that themes one through five listed above be ' considered for, and possibly developed iht&, a series of complementary commercial marketing strategies. Additional marketing themes and concepts suggested during the public opinion gathering phase the program are as follows: · "Experience The Saratoga Shopping Stroll". Saratoga as an upscale shopping experience offers an attractive potential theme. In addition to emphasizing Saratoga's natural beauty, general ambiance and tradition of hospitality, consideration should be given to promoting Saratoga as a premier shopping experience. A marketing suggestion written in on one of the public opinion surveys offers the following thought, "Promote local specialty retail shopping featuring lines and Items the blg stores don't necessarily carry. Picture Saratoga as a Jackson Hole, Aspen or Sun Valley sort of place...Williams-Sonoma, F, alph Lauren, cowboy boots and antique shops, etc." It goes without saying.that prior to this possible marketing dlrectlOn taking meaningful form and shape, more specialty retail uses need to be establlshed withln the project area. The newly opened Blue I~ock Shoot provides an excellent example of thls sort of upecale shopping opportunity that needs to be further developed. · "Saratoga Market Days...Saturdays Just Got Better:" This new marketlng program will coordinate special events and activities every Saturday to be based around the new Saratoga Farmers Market. The fact that this program will include all four Saratoga business areas Is an excellent beginning for the long-term citywide marketing program described at length in this section. Saratoga Market Days Is a joint effort between the City, the Chamber and all individual business areas for the stated purpose of drawing more visitors and customers into the area while giving the City a festlve and fun image. Plans are to provide a series of events and themes changing on a weekly basis. Examples are a Saturday featuring special sales, another Saturday emphasizing children's events and activltles, a third Saturday featuring music and entertainment events and a fourth Saturday possibly offering food and wlne tasting-oriented events and activitles. · "Saratoga Has Character, Personality And History" The purpose of this approach is to promote the historic significance of Saratoga wlth possibly emphasis on the connection between Saratoga and the hlstoric upstate New York city of Saratoga Springs. · Use various themes for individual shopping areas based on primary businesses located there that are easily identified by the shopping public. For example a home Improvement business, a kitchen shop, a carpet store, a pool shop, a glass shop, a series of personal Improvement salons, a hair and body spa or a well-known locally owned grocery, etc. · An Old Fashioned Nostalgla-t~ased Theme, possibly emphasizing the traditional village Hardware Store, Yard Goods, and Old Fashioned Village Grocer appealed to a number of survey participants. Other suggested marketing phrases: · "Discover The Culture Of A City Within The Charm Of A Village" · "Visit Saratoga and Be Refreshed" · "Saratoga, The Redwood Retreat" Other Saratoga Marketing-Related Issues To Be Considered. Overcoming the challenge of marketlng all Saratoga business areas fairly and effectively must be a priority. A challenging aspect of the cltywide commercial marketing program is to overcome or compensate for the Inherent differences between Saratoga's four local business areas, all of which need to be represented equally within the scope of the commercial marketing plan. The Gateway Area, the Argonaut Center and Quito Village all share many points of commonalty, not the least of which is that they are all traditional neighborhood commercial (NC) shopping areas. This point causes them to be different from Saratoga's historic downtown core area traditionally referred to as Saratoga Village. There is a feeling of being left out of the mainstream of commercial area recognition experienced by the three neighborhood commercial shopping areas, As was polnted out by one survey respondent, "Non-Village areas feel disassociated from the main focus." The marketing challenge revolves around the difficulty of developing an effective marketing strategy that fairly and equally represents all four areas. An excellent illustratlon of this polnt Is the interest shown on the part of many Village merchants, active In the recent plannlng process, to subscribe to the "Savor Saratoga" theme. As was mentioned earlier, this provides an excellent theme for many of the Village food service businesses but does not account for the marketing needs of the three nelghborhood commercial areas. It is recommended that the "Savor Saratoga" theme be employed by the Village merchants as one of their area-specific themes while the three neighborhood commercial areas consider utlllzing Theme Five whlch employs a series of actlon verbs such as "Discover" or "Explore" Saratoga which is more appropriate to their needs. As a result of dlecusslng this Issue during the last two Marketing Committee meetings, it is felt that this recommendation will meet with the approval of all participating business areas. On behalf on Qulto Village, Argonaut Center and the Gateway Area, the point must be raised that a sensitivity to the generic use of the term "village" also exists. It is felt by representatives of those areas that the use of this term is not in the best Interest of their non-village commercial centers. With this in mind, sensitlvity to thls Issue must be considered when using themes One and Four which employ the "village" term. In the Interest of balanced reporting, it must be mentioned that a majority of survey participants from throughout the community indicated that the "village" concept embodies the desirable ambiance of Saratoga. As a means of further exploring the challenge of equally and falrly representlng all Saratoga buslness areas from a marketing point of Hew, several guldelines for the structuring of the Saratoga Marketing Committee are recommended. · The ongoing Saratoga Marketing Committee should be comprised of at least two representatives from each participating business area. · Committee leadership should be made UP of one representative from each business area. · ~egularly scheduled monthly meetings should be attended, as poeslble, by all Interested merchants. · It is recommended that the venue for these monthly meetings be rotated throughout the four areas equally. · It is recommended that, an Executive Marketing Committee be made up two representatives from each participating business area. These specific recommendatlons regarding structured management of the Marketlng Program will become especially important if a Business Improvement District (BID) is formed for the purpose of financing program implementation. At the time of BID formation, decisions will have to be made regarding the expenditure of both citywlde and area-specific marketlng funds. While the proceedings of the orlglnal ad-hoc Marketing Committee were extremely efficient and frultful, It was felt by some that the meetings were, to some degree, domlnated by representatives of the Village area. Thus, the above recommendations for Committee leadership and meetlng venue selectlon are made. Regarding ongoing Marketing Committee activity, it is felt that the natural evolution of this process will be for each individual business area to have its own area-specific marketing group which will meet In-area for the purpose of developing and implementing area-specific plans and programs. It is hoped that these individual area planning sub-groups wlll then provide regular representation of their interests and Ideas to the overall permanent Saratoga Marketing Committee. The process of specific business areas having their individual marketing programs of choice, as well as their Marketing sub-committees, will be greatly facilitated if a Buslness Improvement District is approved by the communlty. It is a basic recommendation of this Plan that a BID be formed for the purpose of providing marketing funding for both an overall Saratoga Image Building and Marketing Program as well as indlvldual business area marketing programs. With this multi-level program funding concept In place, the existence two levels of marketing programs, financed through the BID, as well as a two-level Marketing Committee structure makes excellent planning sense. It must be realized by all participatlng business areas, as well as individual participating businesses, that while this Marketing'Program is Intended to be citywide and of demonstrable benefit to all areas and lndlvldual merchants, each business area and each indlvldual business must stlll carry out their own marketlng programs. The overall citywide Marketing Program Is designed to serve as a public relations and image building program Intended to heighten regional awareness of Saratoga and wlli undoubtedly bring more shoppers and visltors into the community. A great deal of what happens to this Influx of new vlsltors once they arrive in Saratoga depends on the lndlvidual business areas and merchants populating them. The Program does not guarantee to get shoppers and visltors to enter individual businesses; that Is where the factors of individual store marketing and in-store merchandising enter the equation. With this in mind, one primary success occurring wlthln the group dynamics of the original ad hoc Marketing Committee was the development of a program of peer group assistance in the areas of store merchandising and physical appearance. Assistance in these areas has been offered by several Village merchants skilled In commercial display arts and design. In addition to these committee members offering their tlme to advise nelghboring businesses, they have also agreed to join with other cooperating buslnesses In forming a Task Force to carry out actual physical Improvements on a scheduled, organized basis with interested businesses. It was understood that these physlcal Improvements would Include Improvements to store facades with regard to painting, slgnage and Individual window displays as well as Improvements to store Interi0rs for the purpose of creating theme-related store decor and merchandise displays. It is hoped that an area-wide program of storefront vlsual Improvements will result from this peer group assistance. A second peer group servlce of value is the in-store merchandlsing evaluation system used with success in many business areas. Further professional assistance in the area of in-store merchandising as well as in the areas of storefront Improvement, lighting, commerclal slgnage and window dlsplays is provlded by Kent l~urnes, Principal of Kent l~urnes Marketing and Merchandising Associates located in Grass Valley. Additional Information on Kent l~urnes and his specific services as well as peer- group in-store evaluation forms are provided.in the Appendlx. Another corn mercial marketing concept that deserves close scrutiny is the possibility of developing an Internet presence representing and servicing all businesses wlthin Saratoga that wlsh to partlcipate in this told-nineties marketing phenomenon. The benefits of Saratoga's business community "going on-liner, both as a group and Individually, has been diligently represented by several business community members attending many of the Marketing Committee meetings as well as many of the Economlc Oevelopment C:ouncil sessions. 13riel information relative to this possible additional level of Saratoga business community marketing is provided in the Appendix. The Marketing Committee discussed the possibility of s?onsorlng a commercial marketing graphic design of the type oft, eh used by downtowns and neighborhood commercial areas as they attempt to emphasize a creative, colorful and interesting public Image. This sort of marketing tool serves the dual purposes of offsetting retail sales leakage to nearby malls as well as attract new shoppers and visitors Into the business community. It should be polnted out that the Marketlng Commlttee indicated a desire to possibly utilize a fine arts oriented- Image thought to more appropriate to Saratoga with its reputation for culture and the arts, rather than the typical graphic arts marketing and public Image enhancement design illu~graged by ghe Chico, Loon~i~, Woodland and Elk Grove example~. Several examples of marketing and public Image program graphic design, are offered in the Appendix. Civic Bea utlfication Frog ram: The Importance of creating an effective program of visual "special effects" through marketing-oriented civic beautification programs and projects emphasizing Saratoga's unlque personality and character was agreed upon by the Marketing Committee, A list of marketing-oriented beautification programs was given to the Committee during the second meetlng, Committee members were asked to review the list for the purpose of selecting specific projects appropriate for their Individual business areas as well as for the overall general Saratoga buslness community, As a follow-up to thls assignment, the same civic beautlfication questionnaire was distributed during the April 13 public workshop. A slide discussion of 80 commercial marketing-oriented civic beautlfication programs and projects in effect in other simllar cities preceded the distribution of the surveys. Survey results were as follows: The desire to see a "general paintLup, fix-up, clean-up campaign" was chosen as the number one priority by a majority of those partlcipatlng in the civic beautification survey, Only four points behind first place was the project Involving "entryway arches, entryway signage and/or monumentation', This specific project is especially desired by businesses located in the Gateway Area as it would provide an attractive demarcation icon between 5an Jose and Saratoga while welcoming those entering Saratoga from the north and east, It is the recommendation of this Plan that a Saratoga "Gateway" program be considered for the business areas along the Saratoga-Sunnyvale Road. In addition to this project serving as a primary beautification landmark, it could also be considered to be a marketing strategy-oriented special effect. A public arts program characterized by "a comprehensive series of wall murals illustrating Saratoga's history" was supported by many Saratoga merchants attending the second town hall-type workshop. This project was ranked in third place. It should be remembered that Marketing Theme # Four was based on Saratoga's tradltlonal relationshlp with culture and the arts. With this in mind, the planning and implementatlon of a citywlde wall mural series to serve as a marketing-oriented civic beautificatlon program becomes even more appropriate. Regarding a possible public wall arts program, several specific subjects and historic themes were discussed for possible future use. Among them were: · a hlstoric grouping of Saratoga's founding fathers, and mothers. · an overall general history of Saratoga including a focus on the etiology of the City's name a series of agrarian scenes illustrating fruit pickers at labor a series of bucolic scenes taken from early "Main Street" activltles including an Identification of early businesses a possible scene Involving the Fontaine Sisters as well as other notables out of Saratoga's colorful Fast association with the arts and cultures of several decades ago Funding for the mural program might come as a shared investment of unknown percentages between the building tenant, the building owner, the BID Program, if one is formed, and the City. it Is estlmated that a high impact wall art program can be accomplished for the fee structure indicated below. This estimate does not cover the costs of supplies and materials. The Indlcated fee assumes all walls to be painted will be in good condition and ready for the artist. The data is provided for three slze categories of wall murals. 1) Smaller paintings of authentic local historic scenes. approx, size to be 5' X T approx, cost to be $300 each a possible series of 10 to 12 murals should be consldered for a total cost of $3,000. 2) Larger wall murals that might depict scenes of Saratoga's agrarian past such as a close-up of fruit pickers and fruit packers in action a~ well as a group portrait of Saratoga'~ founding fathers. approx, size to be 10' X 20' approx, cost to be $1,000 to $2,000 each" a possible series of four scenes should be considered for a total cost of approx. $6,000. 3) The largest wall murals might Illustrate scenes from Saratoga's rich past Involvement with the arts and culture. A second graphic theme might be a full wall-scale duplication.of a scene of Big Basin Way circa early 1900s. approx, size to be 20' X 30' approx, cost to be $3,000 to $4,000 each a possible series of two palntings should be considered for a total cost of approx. $7,000. Therefore, a full-scale public arts program for the downtown area mlght provide sixteen to eighteen murals for a total of approx. $16,000. Fundlng for this effort may result from a co-sponsorship between the City, the BID, the corn merclal tenant and possibly the property owner. If the project sponsors, most Ilkely the BID Organization (s) and the City agree to the full Implementation of this program, they wlll accomplish a secondary marketing strategy on the scale of both Chemalnus, B.C. and 5teubenville, Ohlo., two public arts programs that have achieved international recognltion as well as phenomenally increased attraction of both visitors and new businesses to thelr respective downtown areas. A direct quote from the Book, T.he Chemainus Murals, The Little Town .That Dld, provides us with specific data concerning the degree of success that small Brltish Columbia town of 4,000 population experlenced. "In 1983 Chemainus won the prestigious New York Downtown IRevitallzation Award for its redevelopment of the downtown core. It has since gained world-wlde acclaim for the integrlty and superb artistry of its huge depiction's of the town's history. ~Ince the beginning of the wall murals program Chemainus has attracted In excess of one hundred new businesses as well as 5~JO,O00 to 4~JO, O00 new vlsltors a year and a $3.5 million dinner theater." Additional narratlve relating to the commercial marketing benefits of a public arts wall mural program as typified by programs in Chemalnus, B.C., Steubenville, Ohio and Lake Placid, Florida Is provided In the Appendix. A copy of the questionnaire relating to specific wall mural topics is also provided in the Appendix. Other visual "special effects" chosen by the Committee for further consideration Included: (these Items are Ilsted by popular choice ranking) · A program of improved and up-dated commercial signage. · A program providing overall greenery in the form of plants, trees and parks. · A program of banners, flags and pennants to give the area a feeling of festivity and c°lor. · A facade Improvement program was especlally desired by Committee Members doing business in the traditional Saratoga Village area. The use of colorful awnlngs on commercial buildings The use of seasonal decorations throughout the community. The adaFtive re-use of local historic buildings. The possible development of sidewalk cafe-type uses. Other civic beautification programs and projects that were not on the survey form but were written in, are as follows.' · Public restrooms are needed for the Village Area. · More parking In the Village Area is needed. Also existing parking needs to be better signed. · No skateboards or bicycles should be allowed on ;the sidewalks of the Village Area. · Village Area merchants must be strongly encouraged to park away from the main street. · Road Improvements are needed in the Gateway Area, as are sidewalks, pathways, crosswalks and streetlights. · I~usiness Directories should be erected in each indlvidual business area. Suggested Step-By-Step Format For Beginning ..A Wall Mural Program In Saratoga 1) Hold Meeting (S) To Develop Suppor~ For Wall Mural Program 2) Review Available Historic Photos...Select One Or More After Working Through Traditional Corn mittee Approval Process 3) After Photo(S) Is Selected, Meet With Available Artists 4) Have Picture Enlarged, Have Photo Backed With Foam Core Or Other Backing Material 5) Get On Council Agenda, Explain Project, Receive Approval 6) Ac~[uire NecessaryPermlt (5) 7) Break Down Enlarged Photo Into Grids, Posslbly I"X 1" 8) Establish Scale For Photo, (1" To 1' Is Good Also 1" To 2') 9) Develop Cont. ract With Artist 10) Develop Agreement With Property Owner 11) Establish "Frame" Size On Wall 12) Begin Wall PreParation, Work With Artist On This 15) 14) Paint Wall Into Scaled Grid Begin Painting .Listing Of Downtown Marketing-Oriented Visual "Special Effects" Projects 1) Entryway Arches 2) Entryway 5lgnage And/Or Monumentation 3) Landmarks 4) Flags, Banners And Pennants 5) Sidewalk Cafes 6) Adaptive l~e-Use Of Historic Buildings ~o) ~) ~2) ~) ~4) 7) Awnings Commercial Signage Greenery Public Area And Private Property Lighting Seasonal Decoratlons Alternative Transportation Generalized Paint-Up, Clean-Up, Fix-Up Projects Public Arts Programs, Wall Murals As Special Effects A) Founders Portraits B) Overall General History Of City C) Illustration Of Early Industry, i.e., Agrarian activities, frult orchards, vineyards, etc. D) Colorful Local Characters E) Scenes Of Early Malnstreet Activlty And Buslnesses, Etc. F) Local Ethnic Heritage, Natlve Americans, Etc. G) Architectural Art H) Commercial Signage As Public Art 15) Other Publio Arts Programs, Statuary, Tile Mosaics, Etc. _Saratoga Corn merclal Recruitment Program: Commercial recruitment is a common goal shared by many business districts as they strive to carry out economic development programs. That common goal and purpose Is the desire to both improve the Image of their corn mercial areas through reduction of the number of commercial vacancies seen by shoppers and vlsitors as well as to Improve the overall business mlx of the area by attracting the most desirable new businesses to fill existing vacancles or vacancies as they occur. A third value of bringing in desirable new businesses is the pos~Ibillty of infilling for the purpose of offsetting an existing business-mix skew which may compromise the overall economic health of the project area. Efforts on the part of cities throughout the country to attract desirable new businesses into their tradltional central buslness districts have led to the development of a new real estate-orlented art and science with Its own doctrlne as well as its own fallures and success stories. The City of Saratoga should be a 'strong supporter of commercial recruitment programs as It stands to benefit greatly through the advantage of substantially increased sales tax revenues. Through the use of a community preference survey conducted during June and July of last year, it was learned that Saratoga residents desire to see more communlty-serving businesses Including, but not limited to, one or more new grocery stores, several new apparel stores, a hardware store, bed and breakfast uses and entertainment facilities, as well as additional moderately priced family-oriented dining opportunities. Knowing what the community will support Is the first step in any successful commercial recruitment campaign. It is a know fact that the current overall mix of businesses in Saratoga leaves something to be desired. It is felt by many community members that the current business mix Is skewed in favor of personal care salons, antique shops and restaurants at the loss of a more desirable tradltlonal aggregate of communlty-serving businesses as Ilsted above. Furthermore, the problems Inherent with this unfavorable business-mix are exacerbated by numerous functional vacancles or "hobby businesses" which maintain abbreviated business hours. The limited number of hours these part-time businesses are open to the public compromises the necessary critlcal mass of activity Important for any successful business area. It is known that some potential shoppers avold areas characterized by functional vacancies and part-time businesses due to the unknown nature of business hours. If possible, the City should consider enforcing a minimum number of "open hours" to be adhered to by business license holders within the project area. Other survey responses indicated the desire for both a brew pub-type bar and a mlcro brewery such as the nearby Los Gatos Brewlng Company. The phenomenal growth in popularity of the micro brewery Industry has amazed and Impressed entrepreneurs and buslness consultants throughout the country. A recent article In "The Celebrator", which is recognized as America's premier micro brewery publication, Indicates that there are very specific economic development benefits to any city or commercial area that hosts a micro brewery and/or brew pub. (A copy of this thought-provoking article is ?rovided in the Commercial F, ecrultment Section of the Appendix.) Several specific economic development benefits associated with a brew pub are as follows: Tourism attraction. "Brew Trekking" is becoming a very popular pastime with many beer aficlonados · Generation of retail sales tax revenues through the attractlon of visitor dollars into the community · The creation of good paying jobs by a clean, light Industry is an economic development coup that many cities are striving to achieve · Micro Brewerles are good business neighbors...they proudly promote the downtown area through aggresslve and creative advertising campaigns. Many Micro Breweries carry out adaptive re-use projects Involving older, often vacant local buildings. · Micro Breweries often Contribute significantly to beautification of the business area through construction of attractive new facilities. · Micro Breweries often provide activitles in the area of entertainment and art, especially during the evening when additional activity may be desired. Micro Breweries effectively serve as adjuncts to marketing strategies and theme development programs. The new marketing strategy and theme development concept, "Savor Saratoga", works especially well with this kind of new business use. Information provided to the Saratoga Business Development Council in this Marketing Plan includes a full program of incentives, listed below, to be used in attracting new investment into the Saratoga community as well as a full Iistlng of commercial recruitment activities to be carried out during the program. Additlonally, guldellnes for Involving the local real estate brokerage community are suggested wlthln thls section. What Incentlves Can Be Provided To Attract New Businesses ? A Uhypothetical" list of lncentlves deslgned to encourage the establlshment of new businesses to fill existing vacancies, or vacancles as they Occur, Is as follows.. 1) Emphasize that aggressive and creative marketing programs are in place as a means of promoting the use of the area's businesses, such as: · retail-oriented promotion programs · Image buildlng campaigns for the overall commercial area · a marketing strategy program · institutional (public relations) advertising programs 2) Cltywlde civic beautiflcatlon, aesthetics and streetscape Improvement programs are under way. Support and commltment for the buslness district on the pa~t of the City is strong. 4) The City will work with new businesses to waive or make licensing and permit fees more convenient and affordable. Furthermore, the City will work to streamline the permit process. 5) Technlcal asslstance provided by the City of Saratoga Economic Development Council is available to new businesses for the purposes o~. * networking among area businesses · assisting with business management plan development · developing advertising programs · asslsting with sponsoring marketing & merchandislng seminars · assisting with lease negotiation · assisting with business flnancing, such as: * technical assistance with the completion of loan applications * Iow Interest rate loan pools available to new businesses * financial counsellng programs 6) An ongoing funding mechanism may be In place to Insure that citywide marketlng programs will continue on a year-to-year basls. The establishment of a 5uslness Improvement District (BID) under Calif. 55 1424 is an excellent example of this sort of ongoing funding tool. Outline of Specific Activities To 5e Carried Out During a Commercial Eecruitment Program: 1) Sponsor a comprehensive survey to be distributed throughout the community for the purpose of determining what new businesses Saratoga shoppers would support. 2) Establish a Commercial Recrultment Committee. This group should include members of the Project Committee, the Chamber, business owners, property owners, representatives from the Economic Development Council and representatives of the commercial brokers .profession. 3) Hold commercial recruitment orientation workshops to familiarize participants with the concept as well as to confirm overall program goals. Assign roles and responsibilities. 4) Sponsor a series of public and private workshops to gather Input from local business owners, property owners, commercial brokers and community leaders. Promote the strong points of the project area, such as: · Community and City Administration support for new business start-ups is strong. · An effective Economic Development Council operates within the framework of City government. · A comprehensive Commercial Marketing Program has recently been completed and is now In the Implementatlon Phase · Favorable lease and rental rates are available. · An aggressive Marketing Program on the part of the City of Saratoga is underway. · Program support from community Financial institutions is strong. · Creative and interesting events and activities programs occur on a regularly scheduled basis, 6) Develop a property Inventory listing all businesses wlthln the project area (s). 7) Compile an up-to-date listing of all existing businesses and commerclal vacancies ..."commercial opportunitles". 8) Identify and analyze potential project area development sites. 9) Develop a Commercial Recruitment Program Information package to be used as a marketing tool for distribution to potential new businesses and Investors. (see "Los Altos Commercial Recruitment Information Package" In Appendix) 10) Create an advertising campaign for the purpose of marketing Saratoga's ~commerclal opportunities". Consider placing advertlsements in the San Jose Mercury News" Business Op?ortunitles" and "Business To Business" sections of the classified ads. Furthermore, conslder taking out one or more display ads for the purpose of promoting business opportunltles within the project area. 11) Establish a means of tracking the rate of program success in relatlon to contacts made. Involvement of Saratoga's Commercial Brokers and Leasing Agents: A) Establish a coordination agreement between the project committee and commercial real estate brokers and leasing agents who have local knowledge of properties and/or who have substantial retail and commerclal clients. It is important to work effectively with local commercial real estate brokers as they provide a direct link to recruitment progress and success through their established contacts. It is also critlcally Important that brokers and leasing agents not perceive the recruitment program as a competitive effort within the corn munity. B) Work with these brokers and agents by Including them In planning sessions, workshops and promoted "Business Opportunity Ex?ositlons" C) Serve as a clearing house function regarding appropriate marketing information relevant to the project area. Provide this information to brokers and their clients. P) Insure that the commercial recruitment effort of.the Committee not viewed as competitive by the real estate brokerage profession Y, egional and National Program Representation: The Saratoga citywide Commercial Y, ecruitment Program should also Include representation at regional trade fairs and the Annual International Councll of Shopplng Center (ICSC) Convention. Short-Term Utilization of (:;ommercial Vacancies~ ~/hile It is acknowledged that few commercial vacancies currently exist in Saratoga, nevertheless, a short-term solution to be applied as needed, to the universally unattractive nature of commercial vacancies is to implement any program that will create activity in that space to prevent the look of emptiness. Several tern ora uses for vacant storefronts Include: 1) A window display program, possil~ly in connectlon with a local wlndow decorations contest or seasonal theme illustration. 2) Leasing to temporary retail outlets not in competitlon with exlsting local merchants. 3) Leaslng to seasonal shops such as Christmas decoratlons boutiques. 4) The temporary expansion of local, possibly contiguous, stores that need addltional display areas. In summary, a brief outline of'a Saratoga Commercial Recruitment Program is a follows: 1) Identify the Commercial Recruitment Project Committee. 2) Carry out a current space-use analysis of all participating Saratoga business areas. 3) Identlfy skewed sectors of current tenant mlx, such as personal care salons, etc. 4) Begin developlng demographlcs of project area as well as regional demographics, where appropriate. 5) Begin series of public workshops and community preference surveys. 6) Carry out Inventory of existing vacancies or "commercial opportunities". 7) Identify ownership of available commerclal properties. Begin working with them. 8) Begin working with Saratoga area commercial brokers. Develop project coordination agreement. 9) Identify strong businesses and weak businesses as well as functional vacancies or "hobby businesses". 10) Begin development of Commercial Recruitment Information Package, including map of current vacancies, i.e., available properties. 11) Attempt to identify catalyst project, such as a micro brewery to occupy undeveloped space or primary vacancy. 12) Consider sponsoring "business opportunities exposition". 13) Begin actively contacting target businesses, groups, organlzations, entitles and corporations. 14) Track program results Saratoga Commercial Marketing Program Funding. Most cities look to either Redevelopment Agency funding, Community Development i~lock Grant (CDi~G) Program funding or the establishment of a Business Improvement District (BID) as a means of implementing economic development programs such as the Saratoga Commerclal Marketing Program. It is understood that at this time Saratoga does not have a Redevelopment Agency and also does not qualify for state CDBG program funding. Absent these two traditional program fundlng tools, the remaining scope of options Is limited. Although a listing of twelve individual economic development funding sources Is provided in the Appendix, certalnly the one single funding mechanism used most commonly for the purpose of Implementing commercial area economic development programs and projects is the Business Improvement District mechanism enabled under California SB 1424. The E~ID mechanism, which Is more frequently used that both RDA and CDI~G funding combined, typically Involves the development of a partnership between the prlvate and publlc sectors of the local economy. a portion of the Scope of Work describing Items to be accomplished within the parameters of this Commercial Marketing Program was an explanatlon of the basic BID concept as well as the facilitation of a BID Feaslbility Analysis for the purpose of determining how the marketing program might be funded. BID Legislative History: In 1965 the California Legislature responded to the increasing problem of statewlde downtown decay by passlng Assembly Bill 103. This bill, categorized as "enabling leglslatlon" and attached to the Californla Streets and Hlghways Code, was Intended to glve our tradltlonal downtown areas as well as smaller neighborhood commerclal areas such as Qulto Village or Argonaut Center a means of assessing themselves for the purpose of financing general business improvement. AB 103 enabled business areas to finance annual retail promotional programs, Image building campaigns, parking Improvement projects, clvic beautification efforts, Christmas decorations, commercial recruitment programs, centralized retail management programs, etc. During the period 1965 to 1979, AB 103 was used by approxlmately fifty Californla merchants organlzatlons as a very effective method of business area improvement financing. In 1979 Proposltion 13 was passed halting the formation of any new tax assessment districts as well as other taxlng mechanisms then In place throughout the state. At thls time the California Downtown Association (CDA) became Involved by hlring a lobbyist to rewrite AB 103 in order to conform with the purpose and restrictions of Proposition 13. The updated I~III, strongly supported and approved by the California Legislature, was passed in the Fall of 1979 as AB 1693. Since that time approxlmately 150 additional Californla business areas have passed business Improvement dlstrlcts in order to fund programs designed to enable them to compete more efficiently with the ubiquitous regional malls. Ten years after the establishment of AB 1693, the CDA decided once again to further update the business impr, ovement legislation by rewriting AB 1693 as SB 1424. This new and Improved version of the orlglnal AB 103 is felt to be more bulletproof, i.e. more impervious to challenge by those merchants unwilling to financially participate in the economic revitalization of their traditional central buslness districts. Benefits Of Attempting Establlshment Of A l~lP At Thls Time. Several major factors support the successful establishment of a Saratoga BID at this time. The City of Saratoga is solidly behlnd the establlshment of a BID if the merchants see fit to support it. Furthermore, the possibllity of providing a match of l~iO fees collected through the Saratoga business community has been discussed with the C ty. Additionally, the past four months have been devoted to the creation of a Saratoga Commercial Marketing-Oriented Economic Development Program. This program and documentation will serve as the necessary incentive or catalyst that must be provided to merchants In order to win their support for the establishment of a f~lP. Following lengthy discussions with the Project Committee over the past four months regarding the feasibillty of establishing a I~ID, and after talking to many business and property owners, It ie strongly recommended that Phase Two (I~ID establishment) be pursued ae soon as possible following the completion of Phase One which is the Saratoga Economic Development Program. A benefit of beginning the BID establishment program at or soon after completion of Phase One Is that the energy and momentum generated through the past several months wlll be malntained. If Phase Two is delayed, the overall chances for successful establishment will be compromised as will the benefit of a reduced establishment fee. The longer the new Economic Development Program is delayed, the less effective It will be when Implemented. If the beglnnlng of program implementation does not occur within-the first twelve months after completion of Program Development, many of the recommendations will be outdated and useless. .BID Concept Introduction Workshop An overall i~usiness Improvement District concept Introduction was provided during the April 13 public workshop. The possibility of one or more Saratoga BIDs as the most likely means of providing long-term funding for cltywlde economic development programs and projects was explored. Items that were discussed Include: · History of the DID enabling leglslatlon as well as original legislative Intent. · How a BID proved to be an effective means of fUnding the hlghly successful downtown Chico commercial marketing program. A sequential outllne of BID formation actlvltles was provlded and discussed. A suggested annual BID assessment formula was dlscussed. An estimate of how much a Saratoga BID might earn per year. A suggested Annual BID l~udget. Possible financlal Involvement on the part of the City. A series of BID concept introduction documents were provided. A listing of BID benefits to merchants was developed and provided. A listing of BID concept safety features was provided, A brief discussion of the new 5ID legislation, A5 5754, was carried OUt. The necessity and purpose of beginning the i~ID formation work as soon as possible after the completion of the overall Saratoga Marketing Program was discussed. A discussion of means of funding the one-time cost of DID establishment, to be provlded by DEC at a reduced fee, was carried out. The following is a two-page document, shown in quotes, that was used to present the BID concept to those attending the Workshop. "Saratoga Corn munity Opinion'Su~ey Regarding The Possible Establishment Of One Or More I~usiness Improvement Olstricts. The Business Improvement District (BID) funding mechanism is being considered as a possible primary means of financing the new Saratoga Marketing Program. Approximately 200 BIDs exist in Californla today. Nearby I~lPs Include San Jose, Palo Alto, Los Altos, San Mateo, Mountain View, Santa Cruz (currently considering a second I~ID), Soquel, Monterey and Gilroy. Los Gatos is currently beglnning a campaign to re-new Its t~ID and Capitola is currently considering Its first BID. 51Ds typically generate $25,000 to $50,000 per year to be used to fund commercial marketlng plans, programs and strategies. There Is a strong trend nowadays for the City to match annuals fees pald In by the private sector. This encouraging trend Is due to the fact that a successfully established and managed I~lO brings in a great deal of addltlonal sales tax revenues to the City as a result; of the Increased commercial success of Individual participating businesses. A note of caution...If approved by the business community, the BID becomes a mandatory benefit assessment district, The good news is that the 5iD law provides for a large number of legislatlve "safety features", such as; the BID must be re-approved by particlpating businesses annually and all BID funds must be spent back wlthin the established BID boundaries on programs and projects approved by participating businesses. Also, the I~ID assessment formula cannot be Increased at any future time without going back through the full formation process. A great deal of discussion has occurred lately regardlng the possible establishment of one or more Saratoga BIDs. One purpose of tonlght's public information workshop is to discuss the BID concept as well as the basic formation process Involved in the creation of a BID. We need to have your input regardlng the possible benefits or disadvantages of having a Saratoga BID. Please review the attached survey form and give us the benefit ofyour thlnking on this Important Issue. Your opinion is greatly appreciated." a slide discussion focusing on BiD-related commercial development projects and programs was carried out. Following the slide-discusslon, several possible formats for the utilization of one or more 51Ds within the community were discussed. 5ID options for Saratoga include, a) the establishment of one all-encompassing Saratoga-wide Business Improvement Dlstrict (or) b) Multiple 51Ds established within individual business areas such as the Gateway 51D, the Downtown Village 5ID, the Ouito Village BID, etc. Following the slide show.and a lengthy discussion of the benefits and vlrtues, as well as the shortcomings of the BID concept, a short questionnaire was distributed to those attending the workshop. The dual purpose of this survey was to determine, 1) what level of support or opposition regarding the BID concept might exlst among workshop partlcipants and, 2) if in support of the BID concept, whlch format would be most strongly supported by those merchants in attendance. F, esults of this brief survey provlded the very clear message that the establishment of a BID as a possible funding mechanism for Saratoga Marketing Programs was a very popular concept. Nineteen out of twenty- one workshop attendees supported the pursuit of one or more BIDs. Within that group of nineteen BID supporters, seven preferred separate and distinct BIDs for each business area while the remaining twelve favored one citywide BID to be used as the primary funding source. It must be made clear at this point that those supporting the establishment of a single citywide BID gave their support based on the fact that all funds collected would be carefully tracked and allocated back to the individual business area from whlch they came. For example, if the Gateway Area produced $15,000. per year in BID collections while the Downtown Village Area produced $10,000. and Quito Village produced $5,000., those same amounts would be re-allocated back to their source to be used for both specific in-area and citywide marketlng program efforts. It was agreed that a percentage, possibly 50% of all BID fees collected, would be earmarked for a generalized Saratoga-wide Marketing Program. Two persons in attendance did not thlnk that a I~lP should be pursued at this tlme. There were no responses to the "other funding optlons" choice. The question of "where do we go from here ?" regarding a follow-up on BID establishment was asked at the end of the workshop by several persons desiring to see the BID formation move forward. It was recommended that representatives from each business area meet with their neighbor businesses to explain the BID concept. After this Is done, and after the Marketing Plan is completed, another l~lP concept information workshop could be scheduled for the purpose of specifically focusing on the possibility of forming a Saratoga BID. Additionally, a letter should be sent to City Council indicating that there is an organized interest on the part of the business community In formlng a I~ID within Saratoga. if the BID is pursued in 1996, a suggested sequential approach toward District formation is as follows: 1) Achieve consensus, Identify motive / catalyst to form l~lP: examples commonly identified; *need management-administration format for marketing program~ implementation * need to mitlgate retail sales leakage * need to more effectively compete with regional mall~ and national discounters * problem of commercial vacancies * need for commercial marketing program, image-building *need for streetscape-pedestrlanization improvement~ * Imperfect tenant mix-too many of the right/wrong businesses * need for add'l parking or heightened awareness of existlng parklng 2) 3) 4) 5) Establishment of Formation Committee: * typically this group would be made up of re?resentatlves of each Involved business area * need to strive for wide, diversified representation Initial 5lO planning work with Committee & Consultant: * orientation of Commlttee to 5ID concept and formatlon process * develop suggested Dlstrlct boundaries * establish zones of benefit * develop suggested assessment formula matrix * develop 5ID program * develop BID budget The Corn mitres needs to develop a full and accurate Inventory of existing businesses: * work with City staff-work with business Ilcense list 5end memo to City Hall requesting support for 510 formation campalgn: * tradltlonal method is the use of a "Proposal To Form 510" 6) Begin development of Primary 510 Information Package: * distribute to all businesses, City Staff, City Councll, media, etc. thls is the primary public relations tool and should contain the following: · 510 programs · District boundaries Zone~ ~ 5eneflt An explanation of the overall 5ID concept Suggested annual a~ses~ment formula with fee matrix BIO budget An explanation of the BID Law ~afety feature~ ?) Schedule Public Informatlon Workshops designed to educate buslnessowners on 510 concept: (a very critical public relations process) * develop local media support * attempt to Identify opposition, if any Formation Committee members to go out in teams: * visit area business owners following distribution of Information Fackage * efforts need to be made to match up Formation Commlttee teams with business peer-types 9) Hold add'l public Information workshops if necessary 10) Work with any opposition that has been Identified on individual basls, use business peers whenever posslble 11) If necessary, develop Memo of Understanding (MOU) to be accepted and approved by Council City staff to develop Resolution of Intention to Form District: * guidellnes provided by consultant 13) City staff to begin draftlng 511;) Ordinance *guidelines provided by consultant 14) Notice of Intent to Form District is mailed to all businesses by City * must be First Class postage * Formation Committee to attach mitigating cover letter Notice of Intent To Form Oistrlct is published in a newspaper of local (general) circulation: 16) Consider circulating a petition of support, or non-opposition, if necessary 17) Get an accurate estimate of any organized opposition, arrange meeting(s) if necessary 18) The big nlght...Protest Hearing is held before Council: * It is critically important to have all. DID supporters present as well as their employees, neighbors, friends and relatives. (It is effective to hold a pre-hearing gathering to organize supporters as well as to guarantee thelr attendance .... ) 19) Final reading and adoption of I~lP Ordinance: * it is also recommended to have Formatlon Committee members present-for this reading .Suggested BID AssesSment Formula: Regarding the assessment formula, the typical formulation Involves three criterla that are applied to every business withln the district receiving benefit..They are: 1. Location: It is understood that retail Improvement efforts are "centered" In that they begin in the core of the project areas and tend to ripple out with a slightly diminished effect. Businesses at the periphery typically pay half the amount paid by their counterparts located in the most central blocks. 2. Type Of Business: It is understood that the main thrust of the annual program is the stlmulation of the retail economy; therefore, retallers (which includes restaurants and bars) pay a base amount with all other business types paying a fraction of that amount. For example: .service-oriented businesses such as hair salons, auto maintenance businesses, repair shops, etc. may pay one-third to one-half less than what retailers pay. Professionals. such as attorneys or dentists, etc., would posslbly pay one-half of what service-oriented businesses are assessed. Banks traditionally pay a fiat annual fee of $500 to $1,000. Number Of Employees: It is felt that larger businesses tend to benefit proportionately more than smaller shops. According to this criteria, the assessment is increased according to overall number of full- time employees. Part-time employees are comblned to total full-time. I~lP Programs: Regarding how the funds are spent once collected by the City and turned over to the sponsorlng organization, which, as was mentioned earlier, might be a consortium of representatives from each participating business area as well as representation from the Saratoga Chamber of Commerce, the followlng typical buslness Improvement programs are listed in general order of choice: 1. P, etail marketing strategy programs such as have been described in detail elsewhere in thls Plan 2. Theme development and Image-buildlng campalgns 3. A Commercial Recruitment Program 4. Civic beautlficatlon and pedestrlanizatlon programs 5. Citywlde festivals, fairs, concerts, and other special events These programs are primarily designed and implemented to allow Saratoga merchants to more effectively compete with nearby shopping, alternatives such as are found in San Jose, Cu.pertino, Sunnyvale and Palo Alto. Some general benefits derived from a ~aratoga ~u~Ines~ improvement'~ District are as follows: 1. No more "free rider~". Eve~ merchant pays their falr ~hare toward general Improvements. In many CBD~ without the benefit of a business Improvement district, store "A" and store "C" mlght voluntarlly donate toward Christmas decoratlons or overall image-bullding campaigns whll~ store "B" doesn'~ donate, yet will ben~t equally at the expense The BID giws ew~ business owner th~ oppo~unity to financially pa~icipate In ~aratoga'~ n~w cltywlde 2. The Business Improvement District ~roduc~s a de~ndabl~ annual financial base with which to d~ign and Implement an ~ectiv~ program of promotions, actlvitie~ and improv~ment~ ... which provid~ dollar~ u~d to ~ucce~fully compete with th~ regional mall~ andlor nearby n~ighboring metropolitan retail 3. The Business Improvement District concept allows for a well-financed, unified lobbying force to work with city/county government, local media ! representatives, local school districts and institutions of higher education, transportatlon companies, vendors of goods and services, federal government agencies, law enforcement agencies, etc. Several critical factors necessary for the successful formatlon of a Business Improvement [)istrict: 1. A falr and equitable assessment formula supported by all Saratoga merchants 2. Strong support of a majority of areawide buslnesses regardlng the DiP concept 3. Strong support from City Council and City Admlni~tration 4. 5uppo~ of local media ... e~peclally locally read new~paper~ D. Communication with local merchant~ through memo~, public meeting~ and hearing~ YeW Important BID supporters.. City Councll, City Manager, City Economic Development Director, City Attorney, City Finance Officer, Managers and Boards of Directors of the Chamber of Commerce, Medla Editors, Owners and Managers of Major Downtown Saratoga Businesses. .BID Safety Features Provided By SB 1424 The BID formation process provides for a system of checks and balances that very effectlvely protect participating merchant from escalating assessments or mlsuses of the annual funds as follows: 1. The assessment cannot be Increased once the BID is approved without a full and formal public hearing before Clty Council. 2. The BID must be re-approved by participating Saratoga businesses annually. 3. The BID membership controls how the money is spent and what the annual programs are to be. 4. The BID membership elects Its .own Board of Directors. 5. The annual fees collected can only be spent wlthln the district boundaries and can only be used for the specific physical and economlc revitalization of the area. 6. The BID can easily be dis-established by the members by presenting City Council with a petition representing 50 percent or more of the annual fees paid. Possible BID Programs Management Concerning possible programs management formats If a BID Is establlshed within Saratoga, the following three scenarios cover likely possibilities. The BID Management Organization, possible a consortium of all participating business areas plus representation from the Saratoga Chamber of Commerce, could decide to hire a full-tlme programs admlnistrator or they could hire a part-time programs manager or they could carry out the BID programs based on the efforts of a voluntary cadre. All three of these management ~cenarlos are equally prevalent throughout the state and country with the primary decldlng factor being amount of funding available for adminlstratlve services. Possible City-Sponsored Match Of Annual BID Collections As Well As. Sponsorship Of BID Establishment Fe.e_ There is hope that the City will take an active role with regard to provldiBg financial support of the BID formatlon effort as well as possible providing ongoing financial support of the BID program. Merchants supporting the DID concept hope that the City will sponsor the one-time cost of f~ID ~ formation as well as possibly match annual fees collected from through- out the private sector. The traditional source of BID formation funding is the City or a combination of City and private sector. F, eductlon In I~ID formation Fe~. Downtown IRevitalization Consultants has offered to provide BID formatlon assistance at a 25% fee reduction based on having already worked in the community on the Commercial Marketlng Plan. Several additional 511) concept-related documents used during the dlscusslon and survey are provlded in the Appendix. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: APril 5, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM /~ CITY MANAGER:~ ~..__~i .~,~~ / SUBJECT: General Fund Operating Reserve Policy RECOMMENDED ACTION(S): Adopt the attached policy regarding the General Fund Operating Reserve. REPORT SUMMARY: On October 26, 1999, the City council discussed a policy regarding the amount of operating reserve that should be maintained in the General Fund. The attached policy memorializes the direction which the City council gave to staff regarding the General Fund Operating Reserve. FISCAL IMPACTS: None. There are sufficient monies in the General Fund balance to execute this policy. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City would not have a formal policy regarding the General Fund Operating Reserve. ALTERNATIVE ACTION(S): Alternative courses of action would include not adopting a General Fund reserve policy at all, or directing staff to recommend a different policy. FOLLOW UP ACTION(S): Adjust the General Fund Operating Reserve at year-end to include interest income. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: General Fund Operating Reserve Policy CITY OF SARATOGA GENERAL FUND OPERATING RESERVE POLICY ADOPTED It is the policy of the City of Saratoga to reserve a portion of the General Fund balance as an operating reserve. This reserve shall be known as the General Fund Operating Reserve (the Reserve). The Reserve shall be $2,000,000 (two million dollars) as of July 1, 1999, and shall be adjusted at the end of each fiscal year by the amount of interest income earned on the balance in the Reserve. The rate to be used in computing interest income will be the City's average rate of return for the twelve months ended June 30. The General Fund Operating Reserve shall only be used in the case of a fiscal emergency, and must be appropriated by the City Council before being used. r SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM // DEPT. HEAD, ,~ SUBJECT: Fiscal Relief for Cities in the FY 2000-01 State Budget RECOMMENDED ACTION(S): Authorize the Mayor to send a letter to Governor Davis requesting fiscal relief in the FY 2000-01 State budget. REPORT SUMMARY: The League of California Cities is recommending that city officials write letters to Govem0r Davis recommending state budget relief. Attached is a letter to the Governor detailing th:e specific relief we were encouraged by the League to ask him to support. FISCAL IMPACTS: No immediate fiscal impacts. Potential future increased state funding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): Direct staff to modify the attached letter to Governor Davis, or send no le FOLLOW UP ACTION(S): Send the attached letter to Governor Davis, after receiving Mayor Bogosi. tter at all. m's signature. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Letter to Governor Davis requesting fiscal relief for cities in the FY 2000-01 State budget 13777 FRUITVALE AVENUE · SARATOGA, CALIFORNIA 95070 · (408) S6S-1200 b~corporated October 22, 1956 March 27, 2000 COUNCIL MEMBERS: Evan Baker Sran Bogosia:? John Mehaffey Nick Srreit Ann Waftonsmi!h Govemor Grey Davis State Capitol Sacramento, CA 95814 Subject: Fiscal Relief for Cities in the FY 2000-01 State Budget Dear Governor Davis; Billions of discretionary dollars were shifted from local governments in the early 1990's. Since the late 1990's however, the California economy has been on a tremendous upswing. Now is the time to restore local governments and the services they provide. We are asking for fiscal relief for cities in the FY 2000-01 State Budget, specifically in the following areas: · A minimum of $500 million should be apportioned to cities and counties for streets and road maintenance and rehabilitation on an ongoing basis. This injection of funding is a prudent investment in the critical transportation network on which the public depends. Infrastructure spending pays off in a multitude of ways, reducing congestion and air pollution, and increasing the productivity of our economies. · Cap the property tax shift at its current level. Please support Senator Burton's SB 1637 and Assembly Member Pacheco's AB 1860. The increase in value of the portion of property taxes shifted to the state grew by $250 million this year alone. This easily eclipses the revenue relief granted to cities and counties in last year's budget. With a surplus in the billions of dollars, it is essential that, at a minimum, your office supports freezing the shift at its current level. · Appropriate $1.5 billion in one-time relief for local agencies. Please support Senator Peace's and Assembly Member Longville's budget proposal which requests that $1.5 billion be set aside for local government fiscal relief. The intention of the proposal is that it be used for infrastructure-related improvements to local agencies. One-time funding makes sense to begin to address the huge backlog in unmet and deferred needs at the local level. MJW/t.etter2.doc Printed on recycled paper. Cities are the economic engines of the state. Congestion, quality of life, and public safety issues are all solved at the local level. Now is the time for us to make prudent investments in local infrastructure and program enhancements to meet this expanding demand. I.xx:al fiscal relief must be part of this year's budget effort and the amount should be substantial. Local govemments provide critical public safety and quality of'life services and now is the time to address unmet needs. Sincerely, Stan Bogosian Mayor, City of Saratoga cc: City Council · Page 2 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5~ 2000 ORIGINATING DEPT: City Manager AGENDA ITEM / ~ CITY MANAGER: PREPARED BY; Paula Reeve SUBJECT: Additional Information Concerning the Santa Clara Valley Regional Fire Training Center Proposal RECOMMEND ACTION: N/A REPORT SUMMARY: As a result of Councilmember Baker's attendance at the Santa Clara County Cities Association meeting, it has been requested that Council consider the feasibility of conceptually supporting the Santa Clara Valley Regional Fire Training Center Proposal. FISCAL IMPACTS: N/A ADVERTSING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING: N/A ATTACHMENTS: 1. Staff.Memo 2. Regional Fire Training Center Proposal March 29, 2000 TO: FROM: SUBJECT: The City Council Paula Reeve, Senior Analyst Office of the City Manager Additional Information Concerning the Santa Clara Valley Regional Fire Training Center Proposal Background At the last meeting of the Santa Clara County Cities Association, Chief Hugh Holden of the Santa Clara County Fire Chiefs' Association presented a proposal to establish a regional training center to serve the needs of the Santa Clara County Fire Service and Mission College's Fire Science Program (Attachment 1). Chief Holden asked the Cities Association members to have their respective City Councils conceptually approve the idea. Councilmember Baker had reservations concerning several issues that were not addressed in the proposal, and asked staff to provide additional information for the discussion on this matter at the April 5 meeting. Facility and Training Requirements My conversations with ChiefKraule of the Saratoga Fire District and ChiefHolden of the Mountain View Fire Department revealed that the City of Modesto, the California Department of Forestry and several other Southern California cities have similar facilities serving the regional training needs of various fire districts. Chief Holden stressed that while each jurisdiction in Santa Clara County currently has some type of training capacity, no single agency can conduct the full range of required training. Due to the costs associated with this piecemeal approach, certain types of training are prohibitively expensive and infrequent. Page 2 of the proposal provides a site layout plan to address a comprehensive array of training needs. Of particular importance is the need for a location to store the tanks to house the fuel used in training scenarios to realistically simulate fire, heat and smoke. Financial Considerations Page 11 of the proposal provides a project cost estimate that raises more questions than it answers. Most notably, the estimate does not address site acquisition expenses; how the project will be paid for, and the basis on which each participating agency's proportional share of the costs will be allocated. Chief Holden intends to make another presentation to the Santa Clara County Cities Association where he will introduce a Business Plan addressing these financial considerations. He anticipates that the capital project costs would be paid for through state and federal grants, and that ongoing operating and maintenance costs will be borne by the Community West Valley/Mission College District that intends to house the Mission College Fire Science Department in the facility. The Fire Districts and Departments would also divert their current training budgets to offset operating costs. Chief Holden has scheduled a second meeting with NASA AMES to further discuss the possibility of acquiring land at Moffett Field. Recommendation The proposal has merit as far providing a facility to centralize special fire training functions and unmet special needs in Santa Clara Valley, however it lacks adequate financial information on which to base a recommendation for conceptual support. Therefore, I am suggesting that the City Council advise Councilmember Baker to have the Santa Clara County Fire Chief's Association present the Project Business Plan to the Santa Clara County Cities Association for further review and comment prior to granting their conceptual support. Paula E. Reeve Senior Administrative Analyst Attachment: Regional Fire Training Center Proposal z z Z z Z SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 5, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM CITY MANAGER.~~~ PREPARED BY: City Manager SUBJECT: Reconvening the Community Library Expansion Committee RECOMMENDED MOTION(S): Approve reconvening the Community Library Expansion Committee. REPORT SUMMARY: On March 30, 2000 the Library Commission approved a recommendation to the City Council to reconvene the Library Expansion Committee. The purpose of the committee is to help prepare an RFP for architectural design services for Council approval review, recommend an architect to the Council, and monitor the design and construction of the library expansion. The memb'ers of the committee would be the same as the prior expansion committee with the exception of members who have moved or are no longer available. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: None CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Contact committee members to notify them of their reinstatement expansion. Committee will not be formed and expansion process will not proceed with their guidance. FOLLOW UP ACTIONS: None ATTACHMENTS: A. Proposed Community Library Expansion Committee Roster B. Library Expansion process and project timeline ATTACHMENT A Saratoga Community Library Expansion Committee - 2000 Reconstituting the 1997 Committee 1. Stan Bogosian, City Council Representative 2. Marcia Manzo, Library Commission 3. Cathy Foscato, Library Commission 4. Ruth Gipstein, Library Commission 5. Ed Sessler, Community Representative 6. Jack Grantham, Community Representative, (former expansion community representative) 7. Saratoga City Manager 8. Friends of the Saratoga Libraries Representative 9. Planning Commission Representative 10. Heritage Preservation Commission Representative 11. Julie Famsworth, Santa Clara Library Representative Dolly Barnes, Saratoga Librarian, (non voting) City Staff support (non voting) I1, llll IV. ATTACHMENT B Saratoga Community LibraryExpansion Process March 30,2000 Library Expansion Committee - Options A. City Council reconvenes 1997 Library Expansion Committee B. City Council appoints a new Library Expansion Committee Role of the Library Expansion Committee A. Create a expansion/renovation project timeline B. Define objectives in ~Renovation of the Current Facility" phase of architectural work to be performed C. Define objectives of "exterior facade and orchard protection" directives for architectural work to be performed D. Define objectives of "interior library features" as a directive for architectural work to be performed E. Collect data pertinent for distribution to architect: updated Building Program, Needs Assessment etc. F. Review and approve RFP under guidance of Acting City Manager G, City to advertise RFP in appropriate journals and send to appropriate architectural firms H. Review proposals from architectural firms 1. check references on firms 2. discuss each firm - make appropriate visits to see work 3. disqualify firms not acceptable 4, narrow list to 4 or less firms and conduct interviews 5. make recommendation of architectural firm to the City Council I. Review and approve architects preliminary drawings J. Review and approve architects construction documents Selection of the Citizens Oversight Committee A. City to advertise for citizens to. serve B. City Council to interview and select the committee from Saratoga residents Role and functions of [he Citizens Oversight Committee A. To ensure that all bond monies are being appropriately spent B. To ensure that the orchard is protected and enhanced as best possible C. To approve architect selection prior to presentation to City Council; ensuring that bond dollars are being spent wisely Public Information Conduit - Now to Project Completion - Options A. Library Commission B. City Staff April,~' April 7 April 21 May 3 May 5 June 2 June 6-16 June 24 June 28 July 5 July 5-21 Nov 20 Dec 6 May 6 May 9 May 10-31 June 6 June 7- July 17 July 18 July 23 August 4 Saratoga Community Library Expansion Project Timeline City Council approves reconvening Library Expansion Committee Reconvene Library Expansion Committee Final revisions to RFP City Council approves RFP City to Send RFP to Architects and advertisers Deadline for RFP's Expansion Committee meets to review architect proposals Architect Interviews Citizens Oversight Committee to review Architect recommendation Recommendation to City Council of architectural firm City negotiations with Architect - sign contract Preliminary Architectural Drawings due City Council approves Preliminary Architectural Drawings Construction Documents due from architect City Council approves Construction documents City interviews and hires Construction Project Manager City Council approves Construction Project Manager Construction firm interviews and negotiations City Council approves Construction Firm Construction contract let Ground Breaking Ceremony