HomeMy WebLinkAbout11-01-2000 City Council Agenda Packet AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
NOVEMBER 1, 2000
OPEN SESSION - 5:30 P.M.
ADMINISTRATIVE CONFERENCE ROOM- 13777 FRUITVALE AVENUE
COMMISSION INTERVIEWS
5:30 p.m.
5:40 p.m.
5:50 p.m.
6:00 p.m.
6:10 p.m.
Lindsay Caims
Ramy EI-Diwany
Nicolette Kirk
Michelle Midhdoll
Stephanie Morrison
Youth Commission~
Youth Commission
Youth Commission
Youth Commission
Youth Commission
ADJOURNED TO CLOSED SESSION - 6:30 P.M.
MAYOR'S REPORT ON CLOSED SESSION
Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)).
Name of Case: City of Saratoga v. West Valley College
Santa Clara County Superior Court No. Doc. CIV756340.
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
October 27, 2000)
COMMUNICATIONS FROM'COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the Cit~v Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Communications from Boards and Commissions - None
Written Communications - None '
Oral Communic//tions - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
CEREMONIAL ITEMS
lA. Commendation for Sally ~fowse, Library Commissioner
Recommended action:
Present Commendation.
lB.
Appointment of Library Commission Members.
Recommended action:
Approve Resolution of Appointment and Administer Oath of Office.
CONSENT CALENDAR
2A.
Approval of Council Minutes of:
October 4, 2000 - Regular Meeting
October 24, 2000 - Special Meeting
Recommended action:
Approve submitted minutes.
2B.
Review of Check Register.
Recommended action:
Note and file.
2C.
Review Planning Commission Actions Minutes-
October 25, 2000.
Recommended action:
Note and file.
2D.
Authorization to City Manager to execute amendment to agreement for Cal ID
Program.
Recommended action:
Authorize execution of amended agreement.
PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of
ten minutes maximum for opening statements. Members of the public may comment on
any item for up to three minutes. Applicant/Appellants and their representatives have a
total of five minutes maximum for closing statements. Items requested for continuance
are subject to Council's approval at the Council meeting)
o
Appeal of Planning Commission decision to approving a proposed subdivision
- property located at 20251 Los Gatos-Saratoga Road (Howell & McNeil).
Recommended action:
Appellant request a continuance to 11/15/00.
OLD BUSINESS
None
NEW BUSINESS
Resolution declaring weeds growing on certain described property to be a
public nuisance and setting a public hearing.
Recommended action:
Adopt r~solution declaring weeds a public nuisance and set a public hearing
date.
Clara County SherifFs Office to increase traffic patrol services.
Recommended action:
Adopt resolution and execute contract for increase in Traffic Patrol Services.
o
Placement of Community & Senior Center Portables.
Recommended action:
Accept report and direct staff accordingly.
Authorization to City Manager to execute amendment to Architecture Sen'ices
Contract.
Recommended action:
Authorize City Manager to execute contract.
Methodology for Competitive Salary Survey.
Recommended action:
Accept report and authorize Geoffrey L. Rothman and Associates to
commence with the survey.
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in 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. ! 02-35.104 ADA Title
SCHEDULED CITY COUNCIL MEETINGS
November 15, 2000 · Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
7:00 p.m.
December 6, 2000
Regular Meeting
Council Chambers
13777 Fruitvale Avenue
Saratoga, California
7:00 p.m.
December 12, 2000
Adjoumed Meeting/Reorganization
Council Chambers
13777 Fruitvale Avenue
Saratoga, California
7:00'p.m.
December 20, 2000
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
7:00 p.m.
December 26, 2000 Adjourned Meeting CANCELLED
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000
ORIGINATING D.]EPT: City JM~'~ager
PREPARED BY:(~~
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: Commission Interviews for Youth Commission
RECOMMENDED ACTION:
That Council conduct interviews.
REPORT SUMMARY:
The following people have been scheduled for interviews:
Lindsay Cairns
Ramy E1-Diwany
Nicolette Kirk
Michelle Midhdoll
Stephanie Momson
Youth Commission
Youth Commission
Youth Commission
Youth Commission
Youth Commission
There is one vacancy to be filled on the Youth Commission to replace an unexpired term of
Sheeva Ghassemi. The term will expire on July 1, 2001.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointments will not be made to the Youth Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTIONS:
Adopt resolutions and administer Oath of Office at the November 22, 2000 City Council
Meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Applications of the above named applicantsl
2 of 3
Last Name F~rst lqame~)
Address
S-c~ool~5Mtenflingt"~u-r~ 2d~-151~sch~ol ~ar.
Middle Initial Phone Number
~ C~y Zip Code
iI
~--~rade ~evel
Please list your school and community activities. (clubs, volunteer jobs, athletics, charities)
· . ~
Which aspects of the Youth Com~ssion interest you?
Please list three school and/or community references:
I have( read thee application packet and understand the commitment is 10 hours per month
in addition to the monthly meetings. I also understand I must attend 80% of all commission
meetings activities and programs.
Appli~'~ture xOI ~q !oo
Date
I understand the commitment involved with the Youth Commission and. approve of my
, _. =._,
Parent/Guardian Signature Da(e '
Last Name .~ First Nam/e Middle Initial
Address a
City
School Attending during 2000:01 school year.
Phone Number
Zip Code
,/
Grade Level
Please list your school and community activities. (clubs. volunteer jobs, athletics, chanties)
Which aspects of the Youth Commission interest you?
.-, - // - / .
P~i'St 'three school and/or community references:
I have read the application packet and understand the Commitment is 10 hours per month
in addition to the monthly meetings. I also' understand I must attend 80% of all commission
meetings activities and progr~tm~.
Apl~licants ~igna~ure - ' ~ Date
I understand the commitment involved with the Youth Commission and approve of my
son/d~ughter's, applying.,,~-~./ , ~
Parent/Guardian Signature Date- l ' ' ! "" ~'
Last Name
First Name
Middle Initial Phone Number
,,"iI. f.I ]-- .- [~.... f. ', ',,
City Zip Code
School Attending during 2000-01 school year.
Grade Level
Please list your school and community activities. (clubs, volunteer jobs, athletics, charities)
~ :...~'.; .'i i".~. ~' '~ "'"'" .:., 4-~, "" "'! ':!..i ~.'i ' *' f' '"' ' ' ' ' ', t',"
. , i l..,, , '"i ''?~¢':' 'i ' -- :.-.. ~,. i/"! .'.'a ~.,. t , ~' x.'~!/; ,.~,, ,,.-, '.~-.,..~. , I ~ ."'
'" ' ' , ' i ~" '" 'Q -' i," '
-- ? " . ,,,.,.
; ...... ~,'",Wi'.," 'i '"" ji-,!,~-, :.-.. 'i; ,,.'-,," '"-': , ,,;i,~"<' ~,,~ ,,?'.- -::' .4,f;x,: ..... . ~"v. ,. ~ ,
li,"l r .... · JJ".' . ~,', . '.:! ., ~'r,: .......... '.., ........ i?,'/ '.:'~.', .. ','. , -
- -'"."i '""V'/' ' q" ? *'"'" ~' ....... ·
i-%!-.? "'~':',.,'i'}!'.ii",.'" ' ' - . '-,. ..... '
-:: ,?.,....i ! .-i-- . ,.-[":"' i' "'i .....
Which aspects of the Youth Comrmssion interest you?
",:"~ , i',,\"' .... ':'': "'~ ' '":: ~:'. ~ i :~"." ~ "
'. · ,' ~ -."., ,x ,, . ~' '/. i.' ...... .',.. .... '~. ". .l
"' ' , " 1 "'" ' 'I] ~' (' ".': ~ .....'~ ,,./. :....
........ i '~'~ ;, ,. '\"',.' ! ," i',' ' ."
Please list three school and/or community references:
· : .''~ ,'.' .... '. ~}~ .'~c ,'"'u""~i '"
2. '' . , .... i
"' ' '"' '
3. ..... ~.~'07 ~T.~C.,¥q.. , ' 'q.1~.7' ~~'' ~'.' .' ,'' cc~.~,':;~.jx ..(_'"'
I have read the application packet and understand the commitment is 10 hours per month
in addition to the monthly meetings. I also understand I must attend 80% of all commission
meetings activities and programs.
" ..4-
'"'"'- "~ '"," .... ;
Applicants Signature Date
I understand the commitment involved with the yoUth Commission and approve of my
son/daughter's applying.
£ ' .
Parent/Guardian Signature Date '
Last Name
First Name
T
Middle Initial
Address
School Attending during 2~00-01 school year.
Phone Number
CitY~'; ' Zip Code
q
Grade Level
Please list your school and community activities. (clubs, volunteer jobs, athletics, charities)
Which aspects of the Youth Commission. interest you?
Please list three school and/or community references:
I have rind the application packet and understand the comtment is 10 hours per month
in addition to the monthly meetings. I also understand I must attend'80 % of all co~ssion :
. meetings activities and programs.
S]~ature / Date
I understand the commitment involved with the Youth Co~ssion and approve of my
so.daughter's applying.
P~enffGu~d~n Signature Date
Last Name F~rst J,,l~e -
Address
Middle Initial ' Phone Number
Zip Code
Grade Level
Please list your school and community activities. (clubs, volunteer jobs, athletics, charities)
Which aspects of the Youth Co~ission interest you?
Please list three school and/or community references:
,. D~,~,^ Doe,_. '5,0-'~- zz ~_5
I hare read the application packet and unders~nd the ~o~it~ent is 10 hours per ~onth
in addition to the ~onthly ~eetings. I also unders~nd I ~ust ~ttend 80 [ of all commission
~eetings actirities and pro, rams.
Applicant~ Signature Date /
I understand the co~tment in,oiled with the Youth Co~ission and approve o~ ~y
_
P~enffGu~dian Si~ature Date
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000
ORIGINATING D'I~PT: City I~/ager
SUBJECT: Commendation for Sally Towse
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
RECOMMENDED ACTION:
Present Commendation.
REPORT SUMMARY:
Attached is a commendation for Sally Towse, outgoing Library Commissioner.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of commendation.
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
SALLY TOWSE
WHEREAS, Sally Towse has served on the Library Commission since 1991, when she
accepted an interim appointment and then she graciously continued her fine work by serving
two additional four year appointments, and
WHEREAS, she served as Chairperson for numerous years to the Library Commission, and
WHEREAS, she served as the Saratoga's first representative to the Citizen's
Advisory Commission to the Joint Powers Authority, and
WHEREAS, she has been the resident computer/internet authority on the Commission, and
WHEREAS, she has weathered the three attempts to expand the library, serving through the
preparation of three Library Needs Assessments and one Library Expansion Committee, and
WHEREAS, she maintained a data base for the entire Library Awareness Program, and
WHEREAS, she has given her fellow commissioners invaluable historical perspective
about the library as well as the community, and
WHEREAS, she sat on the steering committee for the Library Foundation's
overwhelmingly successful Jump, Jive, and Raise the Roof fund raising event in June of
1999, and
WHEREAS, she continues to serve as Saratoga's Library Foundation President, and
WHEREAS, her love of the Book-Go-Round and the Commission's annual holiday meeting
therein, and the Commission's love of Sally's chocolate brownies, we are honoring her
departure from the Commission by holding her last meeting at the Book-Go-Round with
bountiful amounts of chocolate brownies, and
WHEREAS, Saratoga City Council is proud of the citizens who contribute time and talent
to our community,
NOW, THEREFORE, THE CITY OF SARATOGA, does hereby commend Sally Towse
for her service and dedication to the Saratoga Community Libraries.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this the
1 st day of November 2000.
Stan Bogosian, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000 AGENDA ITEM:
ORIGINATING~ Ma~n(~ CITY MANAGER:
PREPARED BY~, ~ \~ ~_.~)_~~PT HEAD:
SUBJECT: Appointment of Library Commission Members and Oath of Office.
RECOMMENDED ACTION:
That Council approve the attached resolution appointing the following to the Library
Commission:
Ruth Gipstein
Donald Johnson
Ci Ci O'Donnell
The terms for this commission will expire on 10/01/04.
REPORT SUMMARY:
Attached is the resolution appointing Ruth Gipstein, Don Johnson, and Ci Ci O'Donnell to the
Library Commission. The Oath of Office will be administered and signed by the
Commissioners.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointments will not be made to the Library Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City's Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A - Resolution of Appointment
Attachment B - Oath of Office
RESOLUTION NO. 00-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING THREE MEMBERS TO THE LIBRARY COMMISSION
WHEREAS, a notice of vacancy was posted, applications were received, interviews have
been conducted, and it is now appropriate to fill the vacancies on the Library
Commission:
NOW, THEREFORE, BE IT RESOLVED, that the following appointments are made for
a terms expiring October 1, 2004,
Ruth Gipstein
Doanld Johnson
Ci Ci O'Donnell
The above and' foregoing Resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 1 st day of November2000, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Stan Bogosian, Mayor
Cathleen Boyer
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Ruth Gipstein, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution .of the .State of California against all
enemies, foreign and domestic;.that I. will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that
I will well and faithfully discharge the duties upon which I am about to enter.
Ruth Gipstein, Library Commission
Council Appointed: November 1, 2000
Subscribed and swom to before me
this day of
,2000.
Cathleen Boyer, City Clerk
City of Saratoga
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Ci Ci O'Donnell, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that
I will well and faithfully discharge the duties upon which I am about to enter.
Ci Ci O'Donnell, Library Commission ·
Council Appointed: November 1, 2000
Subscribed and sworn to before me
this day of
,2000.
Cathleen Boyer, City Clerk
City of Saratoga
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Donald Johnson, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that
I will well and faithfully discharge the duties upon which I am about to enter.
Donald Johnson, Library Commission
Council Appointed: November 1, 2000
Subscribed and sworn to before me
this day of
,2000.
Cathleen Boyer, City Clerk
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000
ORIGINATING D~EP~F~: City Manager
PREPARED BY _ .
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT:
RECOMMENDED ACTION:
Approve minutes as submitted for the following City Council Meetings:
Regular Meeting - October 4, 2000
Special Meeting - October 24, 2000
REPORT SUMMARY:
N/A
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - October 4, 2000
Attachment B - October 24, 2000
MINUTES
SARATOGA CITY COUNCIL
October 4, 2000
The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room,
13777 Fruitvale Avenue at 6:00 p.m.
Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)).
Name of Case: City of Saratoga v. West Valley College
Santa Clara County Superior Court No. Doc. CIV756340.
Mayor's Report on Closed Session - 7:05 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 7:06 p.m. and requested
Councilmember John Mehaffey to lead the Pledge of Allegiance.
ROLL CALL
PRESENT:
Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey,
Mayor Stan Bogosian.
ABSENT: None
ALSO PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Paula Reeve, Senior Administrative Analyst
Mary Jo Walker, Director of Administrative Services
John Cherbone, Director of Public Works
James Walgren, Director of Community Development
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 4, 2000
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of October 4, 2000 was properly posted on September 29, 2000.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
None
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
City Council Minutes
October 4, 2000
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF
None
CONSENT CALENDAR
IA.
APPROVAL OF COUNCIL MEETING MINUTES
REGULAR MEETING - AUGUST 2, 2000 (AMENDED)
REGULAR MEETING - SEPTEMBER 6, 2000
STAFF RECOMMENDATION:
That Council approve minutes.
Councilmember Mehaffey pulled Item IA from the Consent Calendar.
Councilmember Mehaffey indicated there were a few errors in both sets of minutes and
will pass the corrections on to the City Clerk after the meeting.
MEHAFFEY/BAKER MOVED TO APPROVE MINUTES OF AUGUST 2, 2000 &
SEPTEMBER 6, 2000 AS AMENDED. MOTION PASSED 5-0.
lB. .APPROVAL OF CHECK REGISTER
STAFF RECOMMENDATION:
That Council approve check register as submitted.
STREIT/BAKER MOVED TO NOTE AND FILE CHECK REGISTER. MOTION
· PASSED 5-0.
1C. APPROVAL OF FINANCIAL REPORT- MONTH END JUNE 2000
STAFF RECOMMENDATION:
That Council accept the Financial Report.
· TITLE OF RESOLUTIONS:
00-050 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA MAKING APPROPRIATIONS ADJUSTMENTS TO THE
FISCAL YEAR 1999/00 BUDGET.
00'051 - RESOLUTION OF THE CITY OF SARATOGA OF THE CITY
COUNCIL AUTHORIZING PURCHASE ORDER AND RELATED
APPROPRIATIONS CARRYOVERS FROM FISCAL YEAR
1999/00 TO FISCAL YEAR 2000/01.
2
City Council Minutes
October 4, 2000
1D.
1E.
Councilmember Mehaffey pulled Item 1C from the Consent Calendar.
Councilmember Mehaffey requested an explanation in the program designated "General
Services" for $27,002.00 for telephones and printing for Y2K.
Director Walker responded that the City appropriated $25,000.00 in preparation for Y2K.
The funds covered all improvements and repairs the City had to make to the computer
system excluding the telephone system.
Director Walker indicated that the City had to spend an additional $5,200.00 upgrading the
telephone and voice mail system. In addition, there were a few extra unbudgeted printing
cost and telephone maintenance costs.
Councilmember Mehaffey referred to the program designated "Development Regulation"
and requested more detail of what "General Contracts" meant.
Director Walker explained that due to staffing shortages in the Community Development
Department, several contracted planners had to be hired. :
MEHAFFEY/WALTONSMITH MOVED TO ACCEPT FINANCIAL REPORT.
MOTION PASSED 5-0. i
REVIEW PLANNING COMMISSION ACTION MINUTES
STAFF RECOMMENDATION:
That Council note and file the minutes.
STREIT/BAKER MOVED TO NOTE AND FILE ACTION MINUTES.
PASSED 5-0.
MOTION
APPROVAL OF FINAL MAP - PROPERTY LOCATED AT 14906 SOBEY ROAD
STAFF RECOMMENDATION:
That Council approve resolution for final map.
TITLE OF RESOLUTION: SD-99-004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
APPROVING THE FINAL MAP OF SD-99-004 14906 SOBEY ROAD (JEAN).
SARATOGA
Councilmember Mehaffey pulled Item 1E from the Consent Calendar.
Councilmember Mehaffey noted the property has a flag driveway that passes thru it and
questioned if the City allowed that type of driveway.
Director Walgren explained that the property is at the end of an existing private road that
serves several, flag oriented parcels and share a driveway that is approximately 12 - 14 feet
3
City Council Minutes
wide.
MEHAFFEY/STREIT MOVED TO APPROVE
october 4, 2000
FINAL MAP-14906 SOBEY
1F.
ROAD. MOTION PASSED 5-0.
APPROVAL OF SUMMARY VACATION - PROPERTY LOCATED AT 14440
ESTERLEE AVENUE
STAFF RECOMMENDATION:
That Council approve resolution for summary vacation.
Councilmember Mehaffey and Councilmember Waltonsmith pulled Item 1F from the
Consent Calendar.
Councilmember Waltonsmith questioned Whether or not the Trail Commission approved
this vacation. She indicated that she would not want to give City owned land away if it
could be used for something else.
Director Cherbone explained there are no trials around the area, it's not an improved road,
and is basically an empty field at the end of an existing road.
Councilmember Waltonsmith questioned whether Esterlee Avenue connects Canyon View
Drive to Springer Avenue.
Director Cherbone responded that Esterlee does connect those two streets.
Councilmember Mehaffey questioned the value of the property and asked if the City was
giving this property to the neighbors or vacating an existing easement.
Director Cherbone explained it was not fee title but public right away.
BAKERAMEHAFFEY MOVED TO POSTPONE THE APPROVAL OF SUMMARY
VACATION-PROPERTY LOCATED AT 14440 ESTERLEE AVENUE, UNTIl,
ALL CONCERNS OF THE COUNCIL HAVE BEEN ADDRESSED. MOTION
PASSED 5-0.
Mayor Bogosian indicated that it was not the appropriate time to begin the Public Hearing.
Mayor Bogosian moved on to other items on the agenda.
City Council Minutes
October 4, 2000
OLD BUSINESS
3. APPROVAL OF AMENDMENT TO RESOLUTION 00-046 CONCERNING THE
PRESERVATION OF THE HERITAGE ORCHARD
STAFF RECOMMENDATION:
That Council approve amended resolution.
TITLE OF RESOLUTION: 00-049
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
RECOGNIZING THE HERITAGE ORCHARD
Dave Anderson, City Manager, presented staff report.
Mr. Anderson indicated that the original resolution was approved by the City Council on
September 6, 2000 and has been amended to include the words "in perpetuity".
MEHAFFEY/WALTONSMITH MOVED TO APPROVE AMENDED
RESOLUTION. MOTION PASSED 5-0.
NEW BUSINESS
6. APPROVAL OF RESOLUTION ADDING A NEW POSITION - ECONOMIC
DEVELOPMENT COORDINATOR
STAFF RECOMMENDATION:
That Council approve resolution.
TITLE OF RESOLUTION: 85.9-125
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY'S CLASSIFICATION PLAN
Dave Anderson, City Manager, presented staff report.
Mr. Anderson indicated that in the 2000/2001 budget funds were' allocated to hire an
Economic Development Coordinator. Mr. Anderson explained this new position has
been structured as a 2-year term position and is intended to facilitate economic
development efforts. The Coordinator will act as a liaison between the City of Saratoga
and the business community. The pay range was developed after a salary survey was
performed using comparable positions in the surrounding area.
Councilmember Streit noted that although the Gateway District and Downtown is the
main focus for redevelopment, all of the other business/commercial areas in the City o[
Saratoga should be addressed.
Councilmember Waltonsmith asked the estimated time frame on filling this position.
5
City Council Minutes
October 4, 2000
Mr. Anderson indicated the position should be filled by the first of the year.
STREIT/WALTONSMITH MOVED TO APPROVE RESOLUTION ADDING A
NEW POSITION TO THE CLASSIFICATION PLAN. MOTION CARRIED 5-0.
AUTHORIZATION TO CITY MANAGER TO EXECUTE A CONTRACT WITH
GEOFFREY L. ROTHMAN AND ASSOCIATES TO PERFORM A
COMPETITIVE SALARY SURVEY FOR REGULAR AND LIMITED TERM
EMPLOYEES
STAFF RECOMMENDATION
That Council authorize City Manager to execute contract for comPetitive salary survey.
Dave Anderson, City Manager, presented staff report.
Mr. Anderson informed the City Council that three firms were invited to submit
proposals for competitive salary survey for regular and limited term employees. The
firms were asked to propose separate costs for two components:
1. Methodology and comparison city selection and
2. The salary survey itself.
Mr. Anderson explained that after reviewing the proposals, Geoffrey R. Rothman &
Associates was selected. Their services have been requested to identify eight to ten
comparable cities and perform a competitive salary survey for Regular and Limited
Term Employees. Geoffrey R. Rothman & Associates' fees are not to exceed $5000.00.
Staff will request additional appropriations to cover this cost at mid-year budget
adjustments in January 2001.
STREIT/WALTONSMITH MOVED TO AUTHORIZE CONTRACT WITH
GEOFFREY L. ROTHMAN & ASSOCIATES. MOTION PASSED 5-0.
PUBLIC HEARINGS
CIRCULATION ELEMENT & SCENIC HIGHWAY ELEMENT
STAFF RECOMMENDATION:
That Council open public heating; accept public testimony; close hearing; approve
Circulation Element & Scenic Highway Element.
James Walgren, Director of Community Development, presented staff report.
Director Walgren explained that after a year of community workshops, public meetings,
data collection, and re. any hours of work performed by the Planning Commission and
Community Development Department, the final document of the Circulation & Scenic
Element was .ready for approval.
City Council Minutes
October 4, 2000
Director Walgren indicated the Circulation & Scenic Element came before the City
Council on September 20, 2000, for review and the comments and concerns from the
Council have been incorporated into the final document.
Mayor Bogosian opened the Public Hearing at 7:32 p.m. and invited any public input.'
Terri Baron, 19830 Via Escuala, noted that several trails easements and bike routes have
been left out of the Circulation & Scenic Element.
Ms. Baron questioned whether or not Pierce Road was a designated bike route, given
that she read in the Element it has been removed.
Councilmember Mehaffey explained Pierce Road was still considered a bike route but
no signage would be installed.
Ms. Baron showed concern that the impact of the Mountain Winery and current and
future traffic issues on Pierce Road, were not addressed in the Element.
Ms. Baron requested that all of the bike routes and trail easements she mentioned be
added to the Element before the City Council approved it.
Director Walgren explained in regards to trail easements and bike routes, the City has a
Master Parks & Trails Master Plan, which is a separate document from the Circulation
Element & Scenic Highway Element.
Director Walgren noted the traffic analysis that was part of the Environmental Impact '
Report (EIR) concerning the Mountain Winery was considered in the projections
concerning Pierce Road.
Jim Stallman, Bicycle Advisory Committee (BAC) Member/Saratoga resident,
explained that if the City does not maintain Pierce/Mt. Eden Road as bike routes, the
City would not be eligible for Valley Transportation Agency (VTA) funds.
Mr. Stallman pointed out the Saratoga Library's copy of the Circulation Element &
Scenic Highway Element was dated May 2000, and asked if there was a more up to date
version available.
Mayor Bogosian closed the Public Hearing at 7:54 p.m.
Councilmember Mehaffey questioned if Pierce Road was scheduled for any
improvements.
Director Walgren responded that Pierce Road is improved on a case-by-case basis.
Councilmember Waltonsmith would like to make sure that Pierce Road stays as a
designated bike route.
7
City Council' Minutes
October'4, ~000
Councilmember Mehaffey would like a paragraph added to the Element regarding the
City's intent on improving Pierce Road as the need occurs.
Councilmember Baker requested Ms. Baron to formally submit her concerns to Director
Walgren so he may address each issue. Councilmember Baker requested this item be '
continued.
Councilmember Waltonsmith requested that the section on interchanges be left out of
the Circulation Element & Scenic Highway Element completely. She explained twelve
years ago the citizens of Saratoga voted against building more than one interchange off
Highway 85, suggesting adding another interchange to solve the traffic congestion in
Saratoga, is not a viable option.
Director Walgren responded to Councilmember Waltonsmith's concerns regarding
interchanges, explaining the Consultant included adding interchanges in Saratoga as an
alternative but is not recommending adding additional interchanges.
Councilmember Baker argued against removing the discussion of interchanges
completely from the Element. He feels that it'is a historic record that discusses the pros
and cons of additional interchanges in the City of Saratoga.
Councilmember Streit concurs with Councilmember Baker. It states in the report that
additional interchanges is not viable and any changes would have to go to a vote.
Councilmember Mehaffey also agrees to leave the discussion of additional interchanges
in the Element. He feels it would be incomplete without it.
Mayor Bogosian directed staffto bring back the traffic engineer from Fehr and Peers
and Associates, for further explanation on the traffic issues brought up by Ms. Baron.
Mayor Bogosian requested current copies of the Circulation Element & Scenic Highway
Element be made available for public view and a copy sent to the Saratoga Library.
BAKER/STREIT MOVE TO CONTINUE THE CIRCULATION ELEMENT &
SCENIC HIGHWAY ELEMENT FOR CONSIDERATION OF MS. BARON'S
COMMENTS AND TO CONSIDER. COUNCIL'S CONCERNS. MOTION
PASSED 5~0.
NEW BUSINESS
CONSIDERATION OF SUPPORTING PENINSULA OPEN SPACE TRUST -
BEAR CREEK REDWOODS
STAFF RECOMMENDATION:
That Council accept report and direct staff accordingly.
TITLE OF RESOLUTION: 00-052
City Council Minutes
October 4, 2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
URGING RESIDENTS TO CONTINUE TO CONTRIBUTE TO THE BEAR
CREEK REDWOODS PARK.
Paula Reeve, Senior Administrative Analyst, presented staff report.
Ms. Reeve noted that on September 20, 2000, a representative from the Peninsula Open
Space Trust (POST) addressed the City Council requesting a contribution of $20,000 for
Bear Creek Redwoods Open Space Preserve.
Ms. Reeve explained that in June 1999, Peninsula Open Space Trust (POST) worked
with Midpeninsula Regional Open Space District to purchase all l,065 acres of Bear
Creek Redwoods, a park near Highway 17. The District purchased the lower 260 acres
for $15 million, and POST acquired the upper 805 acres for $10 million. With interest
and management costs, POST's expenses now total'S10.5 million.
Ms. Reeve explained that POST is committed to protecting Bear Creek Redwoods as a':
park for the people of Silicon Valley,'and has recently approached government,
businesses, and private foundations to solicit assistance with its effort to pay off the loa:n
balance.
Ms Reeve noted that so far POST has collected $9,186,344 in donations.
Daphne Muehle/Peninsula Open Space Trust, noted that in 1997 the Saratoga City
Council already supported, by resolution, POST's efforts. Ms. Muehle stated that
tonight POST is asking for a monetary donation. She indicated that the park should be'
open in 2002 and it would be under the direction of the Santa Clara County Parks
System. Admission would be free.
Ms. Muehle noted that the lower portion of the park is accessible to the physically
challenged.
Mayor Bogosian noted that at one time some of the costs of the land were suppose to be
covered by the profits made from logging a portion of the property.
Ms. Muehle responded that when POST bought the land they were unable to purchase
the timber rights. Big Creek Lumber holds the rights. Ms. Muehle noted Big Creek
Lumber has already begun logging on the property, but they can only log 30% of what '
could be logged.
Ms. Muehle explained that they have five years to log, and each site can only be logged
once. After five years the timber rights are given to POST.
Ryan Marlinghouse/Saratoga resident, supports a monetary donation from the City of .
Saratoga to POST.
Councilmember Streit does not support a monetary donation to POST. He feels that our
9
City Council Minutes
October 4, 2000
o
own City parks need the money.
Councilmember Mehaffey supports the cause personally but doesn't support a monetary
donation to POST from the City of Saratoga, using taxpayer funds.
Councilmember Waltonsmith supports giving a monetary donation to POST.
Mayor Bogosian fully supports their fundraising efforts, but concurs with
Councilmember Streit that our own City parks need the money to make needed
improvements.
STREIT/MEHAFFEY MOVED TO ADOPT 'RESOLUTION URGING RESIDENTS
TO CONTINUE TO CONTRIBUTE TO BEAR CREEK REDWOODS. MOTION
PASSED 5°0.
PROPOSED SANTA CLARA COUNTY CERTIFICATION GUIDELINES FOR
ADULT DRUG AND ALCOHOL RESIDENTIAL FACILITIES.
STAFF RECOMMENDATION:
That Council review proposed guidelines and provide comments for transmittal to Santa
Clara County and Santa Clara County Cities Association.
Richard Taylor, City Attorney, presented staff report.
Mr. Taylor indicated the Santa Clara County Cities Association has been asked to
comment on draft Guidelines for Certification of Adult Drug and Alcohol Residential
Facilities. The Santa Clara County District Attorney's Office is proposing the
Guidelines and, if adopted, would be used by that office to determine treatment facilities
eligible to receive referrals from the District Attorney's Office, and possibly, other
County offices.
Mr. Taylor noted that Councilmember Baker is the Council's representative to the Cities
Association and is seeking Council input on the proposed Guidelines or "good neighbor
policies".
Mr. Taylor explained that the City of Saratoga may not regulate so called "group home"
facilities with six or fewer clients any differently than it regulates single-family homes;
larger facilities may be regulated differently that single-family homes in some
circumstances.
Mr. Taylor reported the Federal Fair Housing Act ("FHA") imposes strict limits on the
ability of local governments to regulate group homes through zoning controls. The Act
forbids the following:
1. Discrimination in housing on the basis of race, color, religion, national origin,
gender, handicap and familial status.
2. Prohibits local governments from regulating housing in any way that results in
discrimination against protected groups either directly or indirectly.
3. Requires local governments to make "reasonable accommodations inrules,
3.0
City Council Minutes
October 4, 2000
policies, practices, or services, when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy a dwelling."
Mr. Taylor explained that State law also regulates the City's ability to regulate group
homes. State law also provides that alcoholism/drug abuse recovery or treatment
facility which serves six or fewer person shall be considered a residential use of the
property under local zoning and cannot be required to obtain a conditional use permit. ·
Councilmember Waltonsmith asked for clarification of what the difference was between
a certified and uncertified facility.
Mr. Taylor responded that uncertified facilities would not receive funding from the
County and the County would not refer clients to uncertified facilities.
Mr. Taylor explained that this was an opportunity for the Councilmembers to express
their concerns to Councilmember Baker and no other action was needed.
Councilmember Baker noted that this' item will be discussed again at the Cities
Association meeting and he will bring the City of Saratoga's concerns to the meeting.
Councilmember Baker noted that under these guidelines, facilities that want to be
certified by the County are required to have their clients divulge their criminal
backgrounds. Whereas, uncertified facilities do not require their clients to divulge any
criminal information.
Councilmember Mehaffey would like to see parking restriction guidelines implemented
in the guidelines proposed by the District Attorney's Office.
Mr. Taylor responded to Councilmember Mehaffey that the City of Saratoga couldn't
put that type of restriction on this type of facility.
Mayor Bogosian instructed Councilmember Baker to note the concerns of the Council
and present them to the Santa Clara County Cities Association at their next meeting.
LETTER FROM DON WHETSTONE CONCERNING FIRE STATION
PROJECT.
STAFF RECOMMENDATION:
That Council accept report and direct staff, accordingly.
James Walgren, Director of Community Development, presented staff'report.
Director Walgren indicated that Mr. Whetston'e (property owner directly across from the
fire station) submitted a letter to the City Council recommending the City allow the
Saratoga Fire District to use some, or all, of the Memorial Park land for their new fire
station by relocating the Memorial Arch.
City Council Minutes
October 4, 2000
Director Walgren summarized Mr. Whetstone's reasons for moving the station back:
"1. It would eliminate the blind intersection on highway 9 and Saratoga Avenue.
2. Reduce traffic flow problems and hazards to pedestrians.
3. Improve the appearance of the village threshold area.
Director Walgren indicated in order for the Fire District to encroach on City owned
Property, they would be required to submit formal plans for design review and use
permit applications to the Planning Commission and heritage Preservation Commission
for approval.
Emie Kraule, Fire Chief/Saratoga Fire District, indicated that the new station was
designed to avoidmoving the Memorial Arch. Mr. Kraule reminded the Council that a
six million dollar bond passed to build a new fire station. He indicated that they do not
have extra money to spend on the park.
ChiefKraule introduced the design team responsible for the new fire station. He noted
that Chris Ford/C3 Design Alliance and Mary McGraff/RR & M Design Group, were
both present tonight. ChiefKraule explained that they were going to give Council a
brief introduction on the project now and future plans.
Chris Ford, C3 Design Alliance, explained some of the foundational obi ectives of the
new design:
1. Reduce the apParatus doors from four (4) to three (3).
2. Move the doors back up to eight (8) feet away from the comer of Saratoga
Avenue and Los Gatos - Saratoga Road.
3. Open the' lobby doors towards the park, which opens up access to the Memorial
Park.
4. ADA compliance.
5. Minimize impact on the Memorial Park (will be asking during the design review
process for a property line adjustment).
Mayor Bogosian asked when the building is pulled back six (6) feet would it allow
unrestricted right tums at a red light to turn at Saratoga-Sunnyvale Road.
Ms. McGraffresponded that it was premature to answer what the effects would be until
they review the results of the circulation and traffic study, which should be done on
October 6, 2000.
Councilmember Waltonsmith asked if anyone has met with the City's Public Safety
Commission regarding the intersection.
ChiefKraule noted that he did meet with the Commission but did not discuss the
intersection in depth. ChiefKraule explained the District is willing to work with City
Staff and the Public Safety Commission to make the intersection safe.
Don Whetstone, 14768 Vickery )/venue, noted that minimizing the impact on Memorial
Park and improving the safety at that intersection, is what prompted him to write the
~.2
City Council Minutes
October 4, 2000
letter. He hoped to urge the Council to consider offering a portion of Memorial Park to
the Fire District to accomplish those two issues.
Councilmember Streit ask the City Attorney what types of legal issues would arise if the
City chooses to give a portion of Memorial Park to the Fire District.
Councilmember Waltonsmith asked if the City and Fire District could swap land.
Mr. Taylor explained that depending on how the City acquired the land, different
legalities would apply; which in turn, land swapping could be a possibility.
Mr. Taylor noted that he would be investigating all legal aspects and requirements of the
relinquishment of City owned property.
ChiefKraule noted the Blaney Family gave the park to the City in 1917. ·
Councilmember Baker noted there were two different issues being presented here
tonight. First, the Fire District's new building that will encroach on City owned
property. Secondly, the pedestrian and traffic safety issue Mr. Whetstone brought up in
his letter regarding the intersection of Saratoga-Sunnyvale and Los Gatos-Saratoga
Road.
ChiefKraule responded to Councilmember Baker that there are two issues and they do
overlap. The District is willing to cooperate with the City, but noted the District is
under time constraints. ·
Ms. McGraffnoted that the Circulation Study that was being prepared does not respond
to the entire intersection needs. The Circulation Study will only show what impact the.
new fire station design will have on the intersection as part of the Environmental Impact
Report required by the Community Development Department.
Mayor Bogosian advised Ms. McGraffwhen the Circulation Study is complete, that it
be presented to the Public Safety Commission for review and then back to the City
Council.
Ms. McGraffresponded to Mayor Bogosian noting that she would be willing to bring
the Circulation Study and the new design of the station to the Public Safety
Commission.
Mayor Bogosian thanked everyone for the information presented to Council.
AZULE CROSSING DEVELOPMENT STATUS REPORT.
STAFF RECOMMENDATION:
That Council accept report.
James Walgren, Director of Community Development, presented staff report.
13
City Council Minutes
October 4, 2000
Director Walgren noted at the September 20, 2000 City Council meeting, City'Council
requested a summary status report on the Azule Crossing Project.
1. New interior illuminated signs have been placed on the front of the commercial
building. The rear signs have been turned off..
2. Construction drawings have been submitted for both the new homes and the
renovated and expanded commercial building. Both property owners are aware
that the commercial building must be permitted before the City Council will
release the residential permits. Further, they are both aware that no homes will
be finaled for occupancy and no improvements bonds will be released until the
commercial project is complete.
3. Staff will also monitor the project to make sure that reasonable progress is being
made on the commercial project to ensure it's completion coincides with the
completion of the homes. Using 25%, 50%, and 75% completion milestones,
staff will consider stopping the residential project if it gets too far ahead of the
commercial project.
Councilmember Streit indicated that the illuminated signs are a major attraction to retail
base shopping and questioned why the City is telling business owners to turn the lights
off.
Councilmember Streit noted that the City is trying to promote the businesses in Saratoga
and doesn't feel that all the alternatives have been looked. He suggested that the sign
ordinance be re-examined.
Directors Walgren explained that in the Village "Design Guidelines" were developed to
offer different alternatives to signage as opposed to illuminated signs.
Director Walgren noted that requiring Azule Crossing Ltd. to turn the illuminated signs
off in the rear of the building was a reasonable solution because they are not destination-
oriented businesses.
Councilmember Waltonsmith questioned if the lights were' left on all night.
Director Walgren responded that the illuminated signs were left on all night.
Councilmember Streit does not agree with the signs being turned off. He noted that
some of the rear businesses are open till 9 p.m.
Director Walgren explained that turning the lights offwas a short-term solution to the
complaints from the neighbors along Segal Drive.
Dennis Griffin/Azule Crossing Inc., explained that the illuminated sings in the front of
the buildings Were turned off at 9 p.m.' Currently, the signage in the rear of the building
are left on all night for security purposes.
Mr. Griffin noted that until the buildings are demolished, te~nporary security lights
couldn't be installed. Mr. Griffin explained that in thirty (30) days the buildings should
City Council Minutes
October 4, 2000
be demolished and then temporary lights can be installed.
Mayor Bogosian questioned that once the buildings are demolished would the
commercial additions in the front begin.
Mr. Griffin explained the existing building is almost complete; he is waiting for the plan
check so the building permit can be issued to start on the next 5,000 sq ft. of new
additions. Mr. Griffin noted all the renovations would be complete in 3 months.
Scott Ward/Classic Communities, noted he understood the Citfs desire for the two
projects to be redeveloped simultaneously, but expressed his concern with Director
Walgren's memorandum explaining the conditions imposed on the release of homes and
the potential monitoring of reasonable progress as the projects move forward on the
construction progress. Mr. Ward explained that this would impose conditions that are.
unacceptable to a lender in financing the residential component of the development.
Furthermore, no construction lender would provide funding when repayment is
dependent on the achievement of conditions that are not in the borrowers control.
Mr. Ward stated that his lender has no connection to or control over Azule Crossing Inc.
and will not, in good faith, finance Classic Communities project if the homes cannot be
sold for repayment.
Mr. Ward noted that Classics Communities and Azule Crossing Inc. have, in good faiths,
shown the City that they are in compliance with all of the permit requirements. Mr.
Ward explained if the City still needs additional leverage to assure that the two projects
move forward simultaneously, he suggests the occupancy permit for the final unit be
withheld instead of the conditions imposed in Director Walgren's memo regarding the '
release of homes and monitoring of progress. Mr. Ward urged the Council to direct Mr.
Walgren to amend his memo to modify those conditions.
Mayor Bogosian asked, given the information provided by Mr. Ward, what legal
consequences would and to what extent would encumbering that last residential unit,
have to do with the additional development of Azule Crossing.
Mr. Taylor explained that the legal consequence come from the language of the City's
conditional use permit which says the project will be as shown on their plan, which
shows both the residential and commercial.
Mr. Taylor noted that Director Walgren has proposed one way of implementing that
condition through a sequential series of checks. Whereas, the Developers are proposing
an alternative in which they are implementing the same condition, and the legal basis is
still the same. :
Mr. Taylor explained Classic Communities proposal provides them with an incentive to
work with Azule Crossing Inc. Their proposal would assure that Azule Crossing
finishes their project.
15
City Council Minutes
October 4, 2000
Mr. Taylor reaffirmed the City's existing enforcement power that allows the City to
enforce the conditions of the permit. Having the owners brought together in one permit
encourages both Developers to work together.
Mr. Taylor agreed with Mr. Ward's comments on the lending community, it is
consistent of what he has heard in other jurisdictions; so he feels there would be
considerable incentives for Classic Communities to sell that last home.
Mayor Bogosian suggested amending the conditions holding the last home's occupancy
permit and a letter of intent from Azule Crossing regarding their demolition and
construction
10.
Mayor Bogosian thanked everyone for coming to the meeting.
RESPONSE TO ARGONAUT SHOPPING CENTER COMPLAINTS.
STAFF RECOMMENDATION:
That Council accept report.
James Walgren, Director of Community Development, presented staff report.
Director Walgren explained the City Council received a correspondence from a
neighbor next to the Argonaut Shopping Center regarding the condition of the Center.
This letter was shared with the property manager of the Center, Mollie Choate with
Willis & Company, who assured staff that the concerns raised in it would be addressed.
Another letter was recently sent to the Council complaining about the conditions in front
of Jamba Juice and Starbucks. This letter was also sent to the property manager.
Director Walgren noted Ms. Choate sent a letter outlining how her company planed to
monitor the problems of littering and the condition of the alley expressed in the two
letters forwarded to the City Council.
Director Walgren explained both Jamba Juice and Starbucks are operating under
Conditional Use Permits. There would have to be a severe problem to warrant it, but the
City Council dose have the authority to "call-up' the businesses' Use Permits if there are
ongoing problems with their operations.
Councilmember Mehaffey noted he spoke with Mr. Christopher Hawks, who is a
neighbor of the Center.
Councilmember Mehaffey explained the concerns expressed by Mr. Hawks regarding -
the following nuisances occurring at the Argonaut Shopping center:
1. Loitering and loud music occur in the parking, sometimes till 2 a.m.
2. Power washing machines and vacuum trucks start as early as 4 a.m.
3. Architectural lights do not shut off till 7 a.m.
4. Starbucks deliveries come at ! a.m.
5. Leaf blowers are operated as early as 2 a.m.
3.6
City Council Minutes
October 4, 2000
6. Trash and cigarette butts everywhere.
Councilmember Mehaffey explained although Mr. Hawks has had good response to his
complaints from the Sheriffs Department, some other alternatives need to be looked at to
stop the ongoing nuisances.
Mayor Bogosian noted that perhaps Jamba Juice and Starbucks conditional use permits
should be looked at if sufficient number of violations of their permit can be proved.
Mayor Bogosian indicated he would like to see the Sheriffs reports documenting the
call outs to the Argonaut Shopping Center.
Mayor Bogosian explained that if the two businesses are in substantial violation of their
permits he is willing to take the necessary steps to review their permits and take action.
Director Walgren explained a letter could be written to the property management
company, Starbucks, and Jamba Juice, highlighting their violations of the conditional
use permits and the main concerns of the surrounding neighbors. Also, he noted, signs.
explaining the conditions of their permit could be posted on the columns outside of the'
two establishments.
Director Walgren indicated that perhaps explaining the ramifications of their violations
if they continue, might encourage Jamba Juice and Starbucks to C. omply with their
conditional use permits.
Mayor Bogosian requested Director walgren send out a letter to Starbucks and Jamba
Juice outlining the City Council's concerns.
CITY COUNCIL ITEMS
Councilmember Streit wanted to inform everyone that the VTA has closed the bus drop off at
West Valley College for renovations. He indicated they were taking out several large trees and
wants to make sure that appropriate trees were being replanted.
Councilmember Streit thanked the Public Works Department for the renovations that were made
at Gardner Park.
Councilmember Mehaffey noted that he attended a Gateway Task Force meeting and suggested i
that one (1) representative from the City Council be appointed to this task force. :~
Councilmember Mehaffey noted that on Saturday approximately 6:45 p.m., he was at Wildwood
Park and the restrooms were locked.
OTHER
None
City Council Minutes October 4, 2000
CITY MANAGER'S REPORT
Dave Anderson, City Manager, reported that the grand opening Celebration for Gardner Park was
scheduled for October 17, 2000 at 2:30 p.m.
Mr. Anderson indicated that the traffic loop located at the intersection of Fruitvale/Saratoga.
Avenue has been repaired.
ADJOURNMENT
There being no further business, the Mayor declared the meeting adjourned at 10:30 p.m.
Respectfully submitted,
Cathleen Boyer
City Clerk
18
MINUTES
SPECIAL MEETING
CITY COUNCIL
LIBRARY EXPANSION COMMITTEE
OCTOBER 24, 2000
The City Council of the City of Saratoga and the Library Expansion Committee met in a
Special Meeting, Administrative Conference Room, 13777 Fmitvale Avenue at 4:00 p.m.
Mayor Bogosian called the Special Meeting to order at 4:05 p.m.
ROLL CALL
PRESENT:
Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey,
Mayor Stan Bogosian.
ALSO PRESENT:
Dave Anderson, City Manager
Mary Jo Walker, Director of Administrative Services
Alex Khasin, Administrative Analyst
Joan Pisani, Director of Recreation
Mary Goulart, Executive Director of SASCC
Mark Schatz, BSA Architects
Marcia Manzo, Library Commission
Bill McDonald, Friends of the Library
Mary-Lynne Bemald, Planning Commission
Mary Jeanne Fenn, Friends of the Library
Bob Peepari, Heritage Preservation Committee
Edward Sessler, Community Representative
Fran Andreson, Public Safety Commission
Dolly Barnes, Saratoga Librarian
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 4, 2000.
Pursuant to Government Code Section 54954.2, the agenda for the meeting of October 24,
2000 was properly posted on October 20, 2000.
COMMUNICATIONS FROM PUBLIC
None
COMMUNITY AND SENIOR CENTER IMPROVEMENT PROJECT
STAFF RECOMMENDATION:
Authorize City Manager to execute agreements to facilitate the projects.
Joan Pisani, Director of Recreation presented staff report.
Director Pisani summarized the contracts for the portable buildings for the
Community and Senior Center.
Mayor Bogosian asked how long the rental would be for.
Director Pisani stated it would be a five year contract, but we could cancel the
lease in three.years if need be.
Director Pisani indicated that the costs of the projects andportables for the
following:
1. Community Center - estimated cost $28,159.00
2. Classroom Portable - estimated cost $25,502.00
3. Senior Center & Adult Care Center - estimated cost $72,490.00
Councilmember Mehaffey questioned why' the Senior Center portable was
much more expensive than the other portables..
Director Pisani responded the increase in price is due to the fact that the Senior
Center portable has a bathroom, a kitchen, and is much larger.
Councilmember Streit questioned whether it would be more realistic to
purchase the preschool portable and place somewhere more permanent that
coincides with the Civic Center Master Plan.
Councilmember Streit noted that the main building may or may not be
remodeled in five years and if it's placed in an inappropriate place the City will
have to move it again. Councilmember Streit noted that the cost of rental for
five years is just about as much to purchase the portable.
Councilmember Baker noted that he did not agree with the proposals on the
' portables. He feels that this plan has not been thought out clearly.
Councilmember Baker asked whether it was all sole source and not
competitive bids.
Director Pisani indicated the County did the bidding process and then set up a
meeting where she met the contractors. She noted that CDBG funding
requires federal standards.
Councilmember Baker also questioned why the County was involved in the
bidding process and if they were paying for the portable for the Senior Center.
Mary Goulart, Executive Director of SASCC, responded the City will buy the
portable but funding will come from CDBG funds. To receive these funds all
the cOntractors have to meet the Davis Bacon Prevailing Wage Schedule.
Director Pisani explained the resolution before the Council authorizes the
appropriate adjustments to the FY 2000/2001 budget of $102,501.00.
BAKER/MEHAFFEY MOVED TO ACCEPT APPROPRIATION AND
TO APPROVE CONTRACT AND HAVE STAFF RETURN ON
NOVEMBER 1, 2000 WITH THE LOCATION PLACEMENT OF THE
PORTABLES. MOTION PASSED 5-0.
Discussion of Design Alternative for New Library.
Mayor B0gosian indicated the reason for this special meeting was his concern
about the diverged opinions on one-stOry verses two-story parking facilities.
Mark Schatz/BSA Architects, summarized the process and the issues thus far.
Issues which are still undetermined: 1. Number of parking slots. (Fehr and Peers and Associates have been
hired to do an independent study)
2. One-stOry verses two-story parking facility.
Scheme A, B,'& C was presented in public sessions. A small majority of
Committee Members requests a one-story. Scheme D was the new design
presented Thursday to the Library Expansion Committee. Scheme D
incorpOrates a diverse lot, on grade, set back 100 ft from Saratoga Avenue and
incorporates a one-story building with views of the orchard.
On Thursday, the Library Expansion committee concurred to use Scheme C
parking lot; a one-story facility, and liked Scheme D, with modifications.
A revised Option D was presented to the gr°UP.'. It increased the South addition
and minimize the North addition~ .'"
Mr. Shatz was directed to contact ChiefKraule/Saratoga Fire District, to
· redesign the fire road. : '-'
Underground parking was the next po!nt in discussion. Concerns of safety,
' cost; structure limitations on the bUilding above, and efficiency of underground
parking.
Mayor Bogosian read a letter from the Sheriff's Office addressing safety
issues.' '"' ' :"
Members of the Council reminded the Committee that one million dollars was
added to address parking.
Further discussion took place regarding the cost of a two-story parking facility,
how many trees would be saved, and how many square feet of library space
would be lost if a two-story parking facility was to be constructed.
It was estimated that 7,812.00 sq. ft will be lost from the new library to save
approximately 25 trees in the Heritage Orchard.
Staffing levels were discussed if the Library went to a two-story design.
Dolly Barnes, Librarian/Saratoga Library, estimated two new librarians and
one new service desk would be needed if the Library were a two-story
building. Ms. Barnes estimated the cost would be about $53,000.00 plus
benefits and pay increases, for a total of four million over a ten-year period for
two librarians.
Councilmember Streit felt that if the City were going to lose only 25 trees by
going on-grade, verses losing 7,800 square feet of library, proceed with the on-
grade parking option
Councilmember Streit noted he liked the building design shown in Scheme D.
Councilmember Waltonsmith would like to review the study indicating the
number of parking spaces required that will be done by Fehr and Peers and
Associates before she makes a decision.
Councilmember Mehaffey indicated that if the extra one million isn't used for
parking it should be given back to the residents of Saratoga.
Councilmember Baker explained that the extra one million was for addressing
parking and for possible cost increases during construction.
Councilmember Baker noted he liked the revised parking orientation. He feels
underground parking is too expensive.
Mayor Bogosian stated that if the Library could get by with 150 parking slots
he feels that the architect should proceed with the on grade alternative, but if
175-200 slots were needed then proceed with a split-level.
Consensus to use 150 parking slots, in an on-grade parking configuration. If it
is shown in the new study from Fehr and Peers and Associates that more than
165 parking spaces are required, the Committee and Council would meet again
to review parking options. There was a concern on the part of the City Council
to proceed with the modified Plan D for the layout of the Library. In
Designing the parking lot some or all the Redwood Trees in the middle of the
existing lot could be sacrificed if required to meet the objective of reducing the
impact of proposed parking lot on the Heritage Orchard.
ADJOURNMENT
There being no further business, the Mayor declared the meeting adjourned at
6:21 p.m.
Respectfully submitted,
Cathleen Boyer
City Clerk
4
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
SUBJECT: 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.
JFund# Fund Name
AP CHECKS A83162-83299
Date Manual Void Total
10119100 Checks Checks
1 GENERAL 372,031.32
100 COPS-SLESF
110 Traffic Safety
150 Streets & Roads 86,329.97
160 Transit Dev 165,000.00
170 Hillside Repair
180 LLA Districts 4,663.44
250 Dev Services 24,280.47
260 Environmental 43,899.24
270 Housing & Comm
290 Recreation 11,559.74
292 Facility Ops 2,150.00
293 Theatre Surcharge
300 State Park
310 Park Develpmt 28,228.01
320 Library Expansion 22,709.33
400 Library Debt
410 Civic Cntr COP
420 Leonard Creek
700 Quarry Creek
710 Heritage Prsvn
720 Cable TV
730 PD #2
740 PD #3
800 Deposit Agency 4,567.00
810 Deferred Comp
830 Payroll Agency
990 SPFA
12,343.96
Subtotal 765,418.52 12,343.96
PAYROLL CHECKS: B26002-26037
TOTAL
Prepared by:
Date:
/o
Approved by:
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SARATOGA CITY COUNCIL
MEETING DATE:
DEPT:
PREPARED BY:
November 1, 2000
Community Development
SUBJECT:
AGENDA ITEM: 2C
CITY MANAGER: ~~~
Ci -
Planning Commission Actions,' October 25, 2000
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached are the Planning Commission action minutes of October 25, 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 Mintites - SaratOga Planning Commission
DATE:
PLACE:
TYPE:
ACTION MINUTES
SARATOGA PLANNING COMMISSION
Wednesday, October 25, 2000 - 7:30 p.m.
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL
PRESENT:
ABSENT:
STAFF:
Chairman Page, Commissioners Barry, Patrick, Jackman, Kurash and Roupe
Commissioner Bernald
Director Walgen and Minutes Clerk Shinn
PLEDGE OF Al l FGIANCE
MINUTES - October 11, 2000
ORAL COMMUNICATIONS
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 20,
2000.
TECHNICAL CORRECTIONS TO PACKET
CONSENT CALENDAR
DR-00-021 (503-17-066) - THE OWENS COMPANIES, 21116 Comer Drive; Request for Design
Review approval for the construction of a 7,317 square foot, single-story residence with a 3,636 square
foot basement on a vacant parcel. The site is 7.8 acres and is located within a Hillside Residential
zoning district. (CONTINUED TO 11/8/00 AT THE DIRECTION OF STAFF)
APPROVED 6-0
o
DR-00-030 (389-15-073) - CHIEN/TONG, 13220 McDole Avenue; Request for Design Review
approval to demolish an existing 2,140 square foot single-story residence and construct a new 3,038
square foot two-story residence. Maximum height proposed is 26 feet. The parcel is approximately
10,297 square feet and is located in an R-l-10,000 zoning district. (CONTINUED TO 11/21/00 AT
THE REQUEST OF APPLICANTS)
APPROVED 6-0
AZO-00-001 (CITYWIDE) - CITY OF SARATOGA; Amendments to the City's Zoning Ordinance
will be considered for a recommendation to the City Council. Amendments include: 1) excepting the
calculation of driveways from the impervious coverage calculation for lots in the Hillside Residential
zone district so that the Ordinance will be consistent with the General Plan; 2) clarifying that solar
panels mounted on an approved main structure are allowed to be more than six feet above grade,
and; 3) exclude excavation for swimming pools and basements from the calculation of the total
PLANNING COMMISSION AGENDA
OCTOBER 25,2000
PAGE2
grading quantity for hillside lots. (CONTINUED TO 11/21/00 AT THE DIRECTION OF STAFF)
APPROVED 6-O
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a public hearing in court, you may be limited 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 public hearing. In order to be included in the Planning Commission's information packets,
written communication should be fried on or before the Thursday before the meeting.
DR-99-042 (397-28-028) - BLACKVVELL PROPERTIES, Lot 52, Alta Vista Avenue; Request
for Design Review approval to construct a 2,256 square foot two-story residence on a vacant lot.
Maximum height proposed is 22 feet. An 800 square foot basement is also proposed. The parcd is
9,580 square feet and is located within an R-1-12,500 zoning district. (CONTINUED FROM
9/27/00)
APPROVED 6-0
DR-99-043 (397-28-028) - BLACKhMELL PROPERTIES, Lot 53, Alta Vista Avenue; Request
for Design Review approval to construct a 2,189 square foot two-story residence on a vacant lot.
Maximum height proposed is 22 feet. An 819 square foot basement is also proposed. The parcel is
8,721 square feet and is located within an R-1-12,500 zoning district. (CONTINUED FROM
9/27/00)
APPROVED 6-0
DR-99-053 (397-28-047) - BLACKVqELL PROPERTIES, Lot 54, Alta Vista Avenue; Request
for Design Review approval to construct a 2,242 square foot two-story residence on a vacant lot.
Maximum height proposed is 22 feet. A 637 square foot basement is also proposed. The parcel is
11,200 square feet and is located within an R-1-12,500 zoning district. (CONTINUED FROM
9/27/00)
APPROVED 6-0
DR-99-010 & V-99-005 (517-14-078) - TAORMINA, Quickert Road; Request for Design Review
and Variance approval to construct a new 6,287 square foot two-story residence. Variance approval is
required to allow a retaining wall to exceed five feet in height and to allow the structUre to be built on a
slope of greater than 30 percent. The property is 3.1 acres (net) and is located within a Hillside
Residential zoning district.
APPROVED 6-0
o
DR-99-063 fsr F-99-003 (503-30-019) - HUANG, 13870 Pike Road; Request for Design Review
approval for the demolition of a 2,040 square foot, single stoW residence and the construction of a new
5,974 square foot, two-story residence. The application includes a request for a Fencing Exception to
PLANNING COMMISSION AGENDA
OCTOBER 25,2000
PAGE 3
allow the enclosure of more than 4,000 squar~ feet of the site. The site is 3 acres and is located within a
Hillside Residential zoning district.
APPROVED 4-2 (COMMISSIONERS PATRICK ~: KURASH OPPOSED)
DR-00-028 (397-17-017) - SMEAD, 14401 Nutwood Lane; Request for Design Review approval to
construct a 2,314 square foot addition to an existing 3,678 square foot single story residence. The
maximum height proposed is approximatdy 26 feet. The p.arcel is approximatdy 40,062 square feet
located in an R-i-40,000 zoning district.
10.
APPROVED 6-0 ~
DR-00-038 (503-16-018) - LADONNIKOy, 13388. Surrey Lane; Request for Design Review-
approval to demolish an existing residence and construct a new 5,207 square foot two-story single
· I
family residence in its place. Maximum hmgh~t proposed is 26 feet. The parcd is approximatdy 42,590
square feet in size and is located in an R-1-40,0~00 zoning district.
APPROVED 4-2 (COMMISSIONERS BA!~Y 8r KURASH OPPOSED)
DIRECTOR ITEMS
S-00-008; SARATOGA LEGENDS, Saratoga/Sunnyvale Road @ Herriman.
Request for Sign Permit approval to install a permanent subdivision identification sign.
APPROVED 4-2 (COMMISSIONERS BARRY 8r PAGE OPPOSED)
- DR-00-023; SHAH, 15270 Sobey Road. Request for modification to an approved project.
APPROVED 6-0
Holiday meeting schedule.
November 8, 2000 Housing Plan meeting.
COMMISSION ITEMS
COMMUNICATIONS
WRITTEN
City Council meeting minutes for September 20, 2000.
ADJOURNMENT AT 12:30 A.M. TO NEXT MEETING
Wednesday, November 21, 2000, Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
SARATOGA CITY COUNCIL
MEETING DATE: October Nov 1, 2000 AGENDA ITEM:
ORIGINATING DEPT: City Manager CITY MANAGER:
PREPARED BY. ~~ A~...,~_~ DEPT HEAD:
Paula Reeve
SUBJECT: Amended and Restated Agreement to Provide Local Law Enforcement
Agency Access to the California Identification System (CAL-ID)
RECOMMENDED ACTION(S):
Authorize the Mayor to execute the Agreement on behalf of the City.
REPORT SUMMARY:
Background
The original 1988 agreement establishing the CAL-ID Program sets forth the
contribution requirements for the participating agencies, the methods for determining
costs; and maintains the existing Local ID System in Santa Clara County to provide law
enforcement agencies coordinated access to the California Identification System for
fingerprint identification. CAL-ID is the only available resource in Santa Clara County
for law enforcement officials to obtain this type of information, and is routinely used to
identify prints found at crime scenes, and to determine the identities and prior arrest
records of suspects being booked into jail.
Since the date of the first Agreement, the County and the Incorporated Cities have
entered into eleven amendments to modify various provisions and to extend the term
through June 30, 2000. The proposed amendment allows: 1) the CAL-ID system to
operate from year to year without being subject to annual amendments, 2) to formalize
the existence and regulate the use of the reserve fund which has accumulated since 1988;
and 3) to update the Agreement.
FISCAL IMPACTS:
The Local Policy Board has approved the Program's FY 2000/2001 operating budget of
$536,760, as outlined in Exhibit A of the Agreement Costs are allocated based upon the
percentage share of the total population for agency's participating in the System.
Saratoga's 3.876% share, or $20,804.91, is included in the Police Services budget under
contract services.
ALTERNATIVES:
N/A
CONSEQUENCES OF NOT ACTING:
The Sheriff's Department will not have access to fingerprint information associated with
Saratoga law enforcement activity, and the future of the countywide program will be
jeopardized. ~
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS: 1. Letter from the City of San Jose, October 2, 2000
2. Amended and Restated Agreement to Provide Local Law Enforcement Agency
Access to the California Identification System/Signature Page.
CITY OF SAN JOSe, CALIFORNIA
Office of the City Clerk
801 North First Street, Room 116
San Jos~', California 95110
Telephone (408) 277-4424
FAX (408) 277-3285
PATRICIA L. O'HEARN October 4, 2000
city Clerk
Attachment 1
City of Saratoga
Grace Cory, Deputy City Clerk
13777 Fruitvale Ave.
Saratoga, CA 95070
RE: Amended and Restated Agreement to Provide Local Law Enforcement
Agency Access to the California Identification System.
Enclosed is a copy of the subject agreement and one extra copy of the signature
page that contains your Agency's signature block.
This amendment allows the Cai-ID system to be operated from year to year
without being subject to annual amendment, formalizes the existence and
regulates the use of reserve funds, and updates the agreement.
Please have the agreement approved by your Council/Board and executed by an
authorized official of your Agency. The agreement also requires approval as to
form by your Attorney.
After execution, return the single signature page to me at the address listed
above. Following apprOval and execution by all Agencies, we will compile a
master of the executed counterpart signature pages and provide you with a copy.
Thank you for your assistance.
(408) 277-4428.
Encl.
If you have questions, please call me at
Leona Bishop, Analyst
Legal Support Division
JRG:CBM
9/29/99
APPROVED AS TO FORM:
City Attorney
APPROVED ASTO FORM:
City AttorneY
APPROVED AS TO FORM:
County Counsel,
CITY OF SARATOGA
By
CITY,0F SUNNYVALE.'
By
COUN'I
By.
'Y OF SANTA CLARA
Dated:
D,,ted:
Dated:
AMENDED AND RESTATED AGREEMENT 021700.doc 13
JRG:CBM
9/29/99
Attachment 2
AMENDED AND RESTATED AGREEMENT
TO PROVIDE LOCAL LAW ENFORCEMENT
AGENCY ACCESS TO THE CALIFORNIA
IDENTIFICATION SYSTEM
THIS AMENDED AND RESTATED AGREEM~ENT is made and entered into this ~
day' of~~~;lc~V, 2000, by and between the COUNTY OF SANTA CLARA, a
county of the State of California (hereinafter "County"), the CiTY OF CAr.~PBELL, a
municipal corporation, the CITY OF CUPERTINO, a municipal corporati.-m, ';he CITY
OF GILROY, a municipal corporation, the CITY OF LOS ALTOS, a municipal
corporation, the TOWN OF LOS ALTOS HILLS, a municipal corporation, the TOWN OF
LOS GATOS, a municipal corporation, the CITY OF MILPITAS, a municipal
corporationl the CITY OF MONTE SERENO, a municipal corporation, the CITY OF
MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal
corporation, the CITY OF PALO ALTO, a municipal corporation, the CITY OF SAN
JOSE, a municipal corporation, the CITY OF SANTA CLARA, a municipal corporation,
the CITY OF SARATOGA, a municipal corporation, and the CITY OF SUNNYVALE, a
municipal corporation (hereinafter collectively referred to as "Incorporated Cities").
RECITALS
WHEREAS, on April 26, 1988, the County and the Incorporated Cities entered into an
agreement entitled "Agreement to Provide Local Law Enforcement Agency'Access to
the California Identification System" ("AGREEMENT"); and
WHEREAS, since the date'of the AGREEMENT, the County and the Incorporated
Cities have entered into eleven amendments to the AGREEMENT to modify various
terms and extend the term of the amended AGREEMENT through June 30, 2000; and.
WHEREAS, the County and the Incorporated Cities desire to amend and restate the
terms of the amended AGREEMENT in order: (1) to allow the California Identification
AMENDED AND RESTATED AGREEMENT 021700.doc
JRG:CBM
9/29/99
System to be operated from year to year without being subject to annual amendment,
(2) to formalize the existence and regulate the use of the reserve fund that has
accumulated since 1988; and (3) t° update the AMENDED AND RESTATED
AGREEMENT ("AMENDED AND RESTATED AGREEMENT").
NOW, THEREFORE, the County and In. o or Cities agree that the AMENDED
AND RESTATED AGREEMENT will state as follows: -'
SECTION 1. PURPOSE
The purpose of this AMENDED AND .RESTATED 'AGREEMENT is to maintain
the existing Local ID System within Sant~a Clara County, which provides
coOrdinated county wide accesS to the California Identification System ("CAL-ID
System"); t° authorize procedures allowing local law enforcement agencies
within Santa Clara County direct access':to the CAL-ID System for fingerprint
identification; to allocate equitably among the parties the costs of maintaining the
Local ID System within Santa Clara County'. '
SECTION 2. TERM OF AMENDED AND RESTATED AGREEMENT
The'term of this AMENDED AND RESTATED AGREEMENT shall commence on July
1,2000 and shall continue in effect until!terminated pursuant to the terms of Section
SECTION 3. LOCAL POLICY BOARD
A.
Pursuant to California Penal Code Section 11.1.12.4, a local, remote access
network board, .known as the "Santa Clara County CAL-ID RAN Policy Board"
("Local Policy Board"), has been ,established, which is currently composed of the
following.members: a. member ofithe Board of. Supe~isors, the Sheriff, the
District Attorney, the Chief of Poli~e of the department haVing the'largest number
of sworn 'personnel within the cou~nty, a Chief of Police selected by all of the
Police Chiefs within the county, a Mayor selected by the City Selection
Committee established.pursuant ,to California Government Code Section 50270,
and a member-at-large chosen by the other members.
A~MENDED AND RESTATED AGREEMENT 021700.doc 2
JRG:CBM
9/29/99
B. Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall:
Establish policies and procedures necessary to implement the purposes
of this AMENDED AND RESTATED AGREEMENT;
Establish a budget and approve expenditures consistent with the terms of
this AMENDED AND RESTATED AGREEMENT;
Determine and coordinate the purchase, acceptance, placement,
installation, use, maintenance, replacement, disposition of, and all other
matters concerning all local remote access network equipment ("local
RAN equipment") within the County, adhering to the policy guidelines and
procedures adopted by the California Department of Justice.
Develop procedures to regulate the ongoing use and maintenance of the
local RAN equipment adhering to the policy guidelines and procedures
adopted by the California Department of Justice; and
Determine the placement of personnel funded by the Local ID System.
SECTION 4. ADMINISTRATION
The City of San Jose has been and shall continue to be the general administering
agency for the Local ID System. The City of San Jose has been and shall continue to
provide fiscal management of the Local ID System fund and expenditures, including,
but not limited to: (1) establish, lng the interest-bearing accounts pursuant to Section 8
into which shall be deposited all funds received under this AMENDED AND RESTATED
AGREEMENT and from which shall be paid all costs and expenses incurred under this
AMENDED AND RESTATED AGREEMENT; (2) billing each party for that party's share
of the costs under this AMENDED AND RESTATED AGREEMENT; (3) providing each
of the parties and the Local Policy Board with periodic reports and an annual financial
AMENDED AND RESTATED AGREEMENT 021700.doc 3
JRG:CBM
9/29/99
report at the end of each fiscal year; and (4) payment of all Local Policy Board
expenses.
SECTION 5. FUNDING
The parties to this AMENDED AND RESTATED AGREEMENT shall pay the costs of
the Local ID SYstem, with the exception of the City of San Jose, which shall make non-
cash contributions to the System in lieu of direct cash contributions.
SECTION 6. PAYMENTS
A. Costs. Cost components of the local automated fingerprint identification system
("Local JD System") in Santa Clara County include: (i) new equipment costs;-(ii)
annual operating costs, and (iii) miscellaneous costs related to the operation of
the Local Cai-ID System not included in Subparagraphs (i) and (ii). For purposes
of this AMENDED AND RESTATED AGREEMENT, "annual operating costs"
shall include, but not be limited to, the costs of personnel, supplies, materials,
utilities, maintenance, repair, training and other costs incurred in the annual
operation of the Local ID System.
Bo
Allocation of Costs
City of San Jose In-Kind Contribution. The City of San Jose shall not be
required to pay any-portion of the costs set forth in Section A, but shall
instead provide in-kind contributions by acting as the general administering
agency and fiscal agent for the Local ID System as set forth in Section 4
and provide City of San Jose employees to operate the Local ID System.
The City's in-kind contributiOn to the Local ID System is contingent upon
annual appropriations, by the City of San Jose City Council.
AMENDED AND RESTATED AGREEMENT 021700.doc
Payments by All Parties Except the City of San jOse. All costs of the Local
ID System as set forth in Subsection A, aboVe, shall be allocated among
the Parties to the AMENDED AND RESTATED AGREEMENT, with the
exception of the City of San Jose, based on each party's percentage share
4
JRG:CBM
9/29/99
of the total population of all agencies participating in the System, not
including the population of the City of San Jose. The population figures
used for allocating these costs shall be established by the most recent
State of California Department of Finance Population Estimates. For the
purpose of this AMENDED AND RESTATED AGREEMENT, the County's.
share of population shall be the population of the unincorporated area of
Santa Clara County.
Payments Nonrefundable. Payments made pursuant to this AMENDED AND
RESTATED AGREEMENT shall be nonrefundable and shall not be returned to
any party unless all parties agree to terminate this AMENDED AND RESTATED
AGREEMENT and to discontinue the Local ID System in Santa Clara County.
SECTION 7. AFIS SYSTEM CONTRIBUTION TO LOCAL ID SYSTEM
A. On May 20, 1997 the City of San Jose and the County of Santa Clara entered
into a Memorandum of Understanding Regarding the Acquisition and Operation
of the Automated Fingerprint Identification System Between the City of San Jose
and the County of Santa Clara ("AFIS MEMORANDUM OF
UNDERSTANDING"). Under the terms of the AFIS MEMORANDUM OF
UNDERSTANDING the Local ID System is allowed to use the AFIS System in
order to fulfill its responsibilities under this AMENDED AND RESTATED
AGREEMENT.
The funding, ownership, operation, and control over the AFIS System is
determined according to the terms of the AFIS MEMORANDUM OF
UNDERSTANDING and not by the terms of this AMENDED AND RESTATED
AGREEMENT.
SECTION 8. ANNUAL BUDGET
AMENDED A.ND RESTATED AGREEMENT 021700.doc 5
JRG:CBM
9/29/99
Prior to the commencement of any fiscal year, the City of San Jose shall
estimate the costs for that fiscal year. The estimated annual budget shall be
approved, disapproved or amended by the Local Policy Board.
On or before May 1 of the preceding fiscal year, the City of San Jose shall notify
each party of its share of the estimated costs for the suCceeding year, which
shall be alloCated among the parties in the manner prescribed in Section 6,
above.
Co
Payments required to be paid under this Section shall be paid to the order of the
City of San Jose and delivered to the City of San Jose Finance Department, on
or before July 15 of the fiscal year for which the payments are due.
Interest Bearinq Trust Accounts. Payments shall be deposited in interest-
bearing trust accounts maintained by the City of San Jose for benefit of the Local
ID System, with any earned interest being applied to the account. The City of '
San Jose shall serve as the trustee of the accounts and shall have the authority
to deposit and withdraw funds from the accounts to pay for costs according to
:the annual budget approved by the Local Policy Board.
'Reserve Fund. The Local Policy Board has since 1988 maintained in a
separate interest bearing trust account a reserve fund ("Reserve") that
has accrued since 1988 from budget surpluses and interest accrued on'
the corpus of the fund. The Reserve funds shall be held in an interest
bearing truSt account for benefit of the Local ID System, with any earned
interest being al~plied to the account. The City of San Jose shall serve as
the trustee of the account and shall have the authority to deposit and
withdraw funds from the account. The Local Policy Board shall develop
written policies regarding the maintenance and use of the Reserve. The
Local Policy Board shall have the authority to maintain this Reserve and
AMENDED AND RESTATED AGREEMENT 021700.doc 6
JRG:CBM
9/29/99
to use funds from it for the purpose of paying any of the costs identified in
Section 6 (A).
SECTION 9. BUDGET ADJUSTMENTS
If, in any fiscal year, the actual annual costs ,are higher than as previously determined
by the Local Policy Board, the Local Policy Board, with the assistance of the City of San
J.: .~e, shall determine the additional amount needed to meet the costs for that fiscal
year. Each party, except for the City of San Jose, shall contribute its share of the
additional amount, which share will be based on the party's percentage share of the
total population of all parties participating in the Local ID System, not including the
population of the City of San Jose. The additional payments shall be paid to the order
of the City of San Jose and delivered to the City of San Jose Finance Department
within thirty (30) days of billing.
SECTION 10. EMPLOYEES
The City of San Jose shall provide such employees as the Local Policy Board considers
necessary to the efficient operation of the Local ID System. The persons provided by
the City pursuant to this Section shall remain employees of the City of San Jose. The
salary and all fringe benefit costs incurred by the City of San Jose in the employment of
persons provided pursuant to this Section shall be paid for out of the payments made
by the parties pursuant to Section 6 at the time these costs are due and payable.
SECTION 11. OWNERSHIP OF EQUIPMENT
A. Local Remote Access Network (RAN) Equipment. Local RAN equipment
consists of one Local Input Terminal and associated equipment purchased to
facilitate the Local ID System, and is not inclusive of the City of San Jose/County
of Santa Clara Automated Fingerprint Identification System (AFIS) and
associated equipment.
Ownership of the local RAN equipment purchased pursuant, to Penal Code
Section 11112.5(a), shall be vested as follows:
AMENDED AND RESTATED AGREEMENT 021700.doc 7
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9/29/99
-1.
Ownership of. the four (4) high-resolution facsimile machines or
replacements to such machines shall be vested in the County, which shall
not have the right to sell, transfer, or otherwise dispose of such equipment
without the prior written approval of the Local Policy Board, except in the
event that this AMENDED AND RESTATED AGREEMENT is terminated by
:~.i: parties and the Local ID System is discontinued, in which case the
County may retain for itself all or any portion of such equipment as permitted
by law.
Ownership of all other local RAN equipment or replacements of such
equipment shall be vested in the City of San Jose, which shall not have the
right to sell, transfer or otherWise dispose of such equipment without the
?
prior written approval of the Local Policy Board, except in the event: that this
AMENDED AND RESTATED AGREEMENT is terminated by all parties and
.the Local ID System is discontinued, in which case the City of San Jose may
retain all or any portion of such equipment as permitted by law.
In the event that this AMENDED AND RESTATED AGREEMENT is
terminated by afl parties, the Local ID System is discontinued and the City of
San Jose does not retain for itself the machines equipment referred to in
this Section, the Local Policy Board shall'sell~ transfer or dispose of such
equipment in any manner allowed by law. To. the extent permitted by law,
any proceeds received by the Board shall be distributed among the past and
present parties to this Agreement who contributed to the cost of acquiring
such machines and. equipment based upon each party's percentage
contribution to the acquisition of such machines or equipment.
SECTION 12. IRREPARABLE DAMAGE TO EQUIPMENT
A. In the event that the local RAN equipment, or any portion thereof, is destroyed or
damaged beyond repair, replacement equipment shall be pUrchased. Except as
AMENDED AND RESTATED AGREEMENT 021700.doc 8
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9/29/99
provided in Subsection B, the cost of replacement equipment shall be allocated
among all parties, including the City of San Jose, based upon each party's
percentage of the total population of all parties to this Agreement (including the
population of the City of San Jose and the population of the unincorporated area
of the County).
Bo
In the event local RAN equipment, or any portion thereof, is destroyed or
damaged beyo~",d repair due to the willful misconduct of the City of San Jose
and/or the County, their officers, agents and employees, in which event, the
replacement cost shall be borne by the City of San Jose or the County,
whichever is responsible for such damage.
SECTION 13. TERMINATION
A. Any party may terminate this AMENDED AND RESTATED AGREEMENT and its
participation in he Local ID System by providing written notice of termination to
the Local Policy Board and to the City of San Jose Chief of Police on or before
February 1, which will be effective as of the following July 1. A Party's
participation in the Local ID System shall automatically terminate at the end of
any fiscal year in the event that funds are not appropriated by that party for the
next succeeding fiscal year.
Interest Bearing Account Funds. If all parties agree to terminate this AMENDED
AND RESTATED AGREEMENT and to discontinue the System, any funds
remaining in the interest-bearing accounts referred to in Section 8, above, shall
be distributed to the then-current parties to this AMENDED AND RESTATED
AGREEMENT, except.for the City of San Jose. Such distributions shall be
distributed on the basis of each party's percentage share of the total population
of the then-current parties to this Agreement, not including the population of the
City of San Jose. Distributions shall not be made until all outstanding expenses
of the System have been paid or otherwise provided for.
AMENDED AND RESTATED AGREEMENT 021700.(~3c 9
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9/29/99
Proceeds From Sale or Transfer of System Equipment. If all parties agree to
terminate this Agreement and to discontinue the System, and if the Local Policy
Board sells or transfers all or any portion of the System equipment pursuant to
Section 11, any such proceeds received from such sale or transfer shall be
distributed in the manner specified in Section 11.
SECTION 14. NEW USERS
A non-participating agency seeki~'.q, to participate in the Local ID System shall not be
allowed to participate without the approval of the Local Policy Board. New agencies
that are alJowed to participate in the System shall be required to execute an
amendment to this AMENDED AND RESTATED AGREEMENT by which the new
agency agrees to be a party to this AMENDED AND RESTATED AGREEMENT and to
be subject to all of its terms and conditions. The amendment may be executed by the
City Manager or Chief of Police of the City of San Jose, who are each authorized to
execute the amendment on behalf of the parties to this AMENDED AND RESTATED
AGREEMENT.
SECTION 15. INDEMNIITY AND CONTRIBUTION
Each Party, including the City of San-Jose, shall contribute to the cost of any claim,
loss, liability or defense costs, including reasonable attorney's fees, arising out of or
resulting in any way from the operation of the Local ID System by the City of San Jose,
its officers, agents, or employees, excepting acts of willful misconduct by the City of
San Jose, its officers, agents, or employees. Such costs shall be allocated among the
parties, including the City of San Jose, based upon each party's percentage of the total
population of all parties to this AMENDED AND RESTATED AGREEMENT, including
the population of the City of San Jose.
SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS
This AMENDED AND RESTATED AGREEMENT sets forth the entire AMENDED
AMENDED AND RESTATED AGREEMENT 021700.¢~oc
10
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9/29/99
AND RESTATED AGREEMENT between the parties and supersedes any and all oral
understandings, representations, or promises. Any change or modification to this
AMENDED AND RESTATED AGREEMENT must be in writing and signed by the
authorized representatives of the parties thereto.
WITNESS THE EXECUTION HEREOF, the day and year first written above.
APPROVED AS TO FORM: CITY OF CAMPBELL
City Attorney
APPROVED AS TO FORM:
By Dated:
CITY OF CUPERTINO
City Attorney
APPROVED AS TO FORM:
By. Dated:
CITY OF GILROY
City Attorney
APPROVED AS TO FORM:
By. Dated:
CITY OF LOS ALTOS
City Attorney
APPROVED AS TO FORM:
By Dated:
TOWN OF LOS ALTOS HILLS
Town Attorney
APPROVED AS TO FORM:
By. Dated:
TOWN OF LOS GATOS
Town Attorney
By Dated:
AMENDED AND RESTATED AGREEMENT 021700.doc 11
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9/29/99
APPROVED AS TO FORM: CITY OF MILPITA$
City Attorney
APPROVED AS TO FORM:
By.
CITY OF MONTE SERENO
Dated:
City Attorney
APPROVED AS TO FORM:
By
CITY OF MORGAN HILL
Dated:
City Attorney
APPROVED AS TO FORM:
By.
CITY OF MOUNTAIN VIEW
Dated:
City Attorney
APPROVED AS TO FORM:
By.
CITY OF PALO ALTO
Dated:
City Attorney
APPROVED AS TO FORM:
~Attorney g~ /
APPROVED AS TO FORM:
By.
CITY OF SAN JOSE
CITY OF SANTA CLARA
Dated:
Dated:
City Attorney
By
Dated:
AMENDED AND RESTATED AGREEMEN'F 021700.cloc
12
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9/29/99
APPROVED AS TO FORM: CITY OF SARATOGA
City Attorney
APPROVED AS TO FORM:
By
CITY OF SUNNYVALE
Dated:
City Attorney
APPROVED AS TO FORM:
By
COUNTY OF SANTA CLARA
,ted:
County Counsel
By
Dated:
AMENDED AND RESTATED AGREEMENT 021700.doc 13
SANTA CLARA COUNTY
CAL-ID
PROPOSED BUDGET
FISCAL YEAR 2000-01
PERSONAL SERVICES
Salary
7 Latent Fingerprint Examiner IFs
Holiday/Overtime Pay
7 Latent Fingerprint Examiner II's
Tota! Expected Personal Services Expenditure:
(Salary Source: San Jose Police Department Fiscal Unit)
NON-PERSONAL SERVICES
Fax Maintenance
Supplies & Film
Training
Professional dues & certifications
Total Expected Non-Personal Expenditure:
TOTAL FY 2000-01 BUDGET:
$489,365
$32,000
$800
$7,000
$7,000
$595
S521,365
$15,395
$536,760
CAL-ID RESERVE BALANCE (As of 6/30/99)
EXPENDITURES
Local Input Terminal (LIT)--Y2K Replacement
(Installation: July 2000 - One year warranty)
More Hits
ESTIMATED REMAINING RESERVE:
$490,235.22
$107,708.75
$90,000.00
$292,526.47
CAL-ID OPERATIONS
EXHIBIT A
2/28/00
SANTA CLARA COUNTY CAL-ID
ALLOCATION OF OPERATING COSTS
FISCAL YEAR 2000-01
Estimated Percent Share 2000-01
January-99 Share
CAMPBELL 39,850 4.943% $26,530.42
CUPERTINO 47,650 5.910% $31,723.33
GILROY 39,050 4.843% $25,997.81
LOS ALTOS 28,500 3.535% $18,974.08
LOS ALTOS HILLS 8,250 1.023% $5,492.50
LOS GATOS 30,250 3.752~ S20,139.15
MILPITAS 64,300 7.975% $42,808.18
MONTE SERENO 3,ZlZ,0 0.427% $2,290.20
MORGAN HILL 31,900 3.957% $21,237.65
MOUNTAIN VIEW 75.200 9.327% $50,064.93
PALO ALTO 61,200 7.591% S40,744.33
SANTA CLARA 102,700 12.738% $68,373.25
SARATOGA 31,250 3.876% $20,804.91
SUNNYVALE 132,900 16.484% $88,479.12
UNINCORPORATED 109,800 13.619% $73,100.13
Total 806,240 100.000% $536,760.00
CAL-ID OPERATIONS
EXHIBIT A
2/28/00
EXPLANATION OF PROJECTED EXPENDITURES
FY 2000-01
PERSONALSERVICES
Salary Calculations
Seven Latent Fingerprint Examiner II's
Includes:
3.25% Salary Increase 7/1/00
Nightshirt Differential for 4 employees
($1.40/hr X 2080 hr X 4)
Holiday/Overtime Pay (calculated @ top step, 110 hours per employee)
Latent Fingerprint Examiner Il: $27.65 X 1.~1.48 X 770 hours
Total Personal:
NON-PERSONALSERVICES
Differences from last year's budget projection:
LIT Maintenance: decrease from $15,078 to $0
Fax Maintenance: no change @
Supplies and film: no change @
Training: no change @
Professional dues & certifications: no change @
Total Non-Personah
Total
$489,365
$32,000
$0
$800
$7,000
$7,000
$595
S521,365
$15,395
$536,760
CAL-ID OPERATIONS
EXHIBIT A 2/28/00
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000
AGENDA ITEM:
ORIGINATING DEPT: Ciq' Manager
CITY MANAGER:
DEPT HEAD:
SUBJECT: Appeal of Planning Commission Decision- 20251 Los Gatos-Saratoga Road
Appellant: Helen & Lester Lee
Owner: Howell & McNeil Development
RECOMMENDED ACTION:
Continue Public heating to the November 15, 2000 City Council Meeting.
REPORT SUMMARY:
On Friday, November 27, 2000, Lester & Helen Lee submitted the attached letter requesting a
continuance on the appeal they filed on October 6, 2000, regarding the property located at 20251
Los Gatos-Saratoga Road.
According to the City Council Policy that was adopted on JanuaD..' 25, 2000, the appellant shall
be granted one continuance with no additional fee.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
City Clerk to schedule Public Hearing on the November 15, 2000 Council Agenda.
ADVERTISING, NOTICING .~ND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Request for Continuance fi.om Mr. & Mrs. Lee
Attachment B - City Council Policy
2 of 2
To: Mayor and C~ Council of the City of Saratoga
Fro: len E, and l~ster H. Lee
Re: Appeal of
Subdivision 2025
Development)
October 27, 2000
Dear Sir:
This is a request
On account of an
Credentialing,
this Commision
conversation and sd
would kindly grant.
:;
Your kind consider;
postponement of the referenced hearing.
meeting of the California Commission on Teacher
for Novembcr 1 and 2nd, Helen as a senior member of
Is to be in Sacramento for these two days. Based on our
gestion from the City Hall staff, we would be grateful if you
a postonement of the referenced hearing until Nov 15th.
ion and approval of this request will be highly appreciated.
Very.' truly yours, ill
Helen, E and Lestcr..FI. Lee
14650 Carnelian
Saratoga, Ca 95070.1
Tel: (408) 867-9891
Fax: (408) 867-989!
S ar~'[O o.a
tn i~lortant
sch6~[tled
ne~
Planning Cormnision's Approval of SD-00-002,
.os Gatos-Saratoga Road (Applicant: Howell & McNeil
(Fax: 867-8559)
Adopted:
CITY OF SARATOGA
CITY COUNCIL POLICY
Ci~' Council meeting of Januar3' 25, 2000
Section 15-90 of the Saratoga Municipal Code provides that the City Clerk must schedule '
a hearing on any matter appealed to the City Council at the next available regular meeting
of the City Council to be held within thirty (30) days after the date on which the appeal is
filed. In some cases, appellants may wish to have the date upon which the appeal is
considered extended to a date beyond that established by the Code. This policy sets forth
a process for continuing consideration of appeals.
It shall be the policy of the City Council of the City of Saratoga to respond to requests for
continuance of appeal heatings as follows:
Requests for a first continuance by the appellant shall be submitted to the City
Clerk in writing. The City Clerk shall ~ant the request and schedule the
continued heating date for the first regular Council meeting* following the
hearing date scheduled in accordance with the Saratoga City Code ("Initial
Heating Date"). If the appeal is filed by an applicant or if the continuance request
is accompanied by a letter of support fi-om the applicant, the continued heating
date may be scheduled for any regular Council meeting falling within thirty (30)
davs of the Initial Heating Date. (If the Initial Hearing Date has been publicly
noticed, it shall remain on the agenda for the City Council meeting to be held on
the Initial Heating Date. Staffwill report the continuance to the City Council at
this heating. The Council shall receive public testimony, if necessary. All
testimony received will be made part of the record for consideration at the
continued hearing date. At the conclusion of public testimony, the Council will
vote to continue the consideration of the appeal to the hearing date set by the
Clerk in accordance with this policy. The City Clerk shall post a Notice of
Continued Public Hearing outside the Council Chambers when required by law.)
Requests for a second or subsequent continuance by the appellant shall be
submitted by the appellant in writing to the City Clerk together with a $250
processing fe~, at or before the scheduled appeal heating. The Council will
consider the request and may elect to ~ant or deny the continuance. If the
continuance is ~anted, the City Council shall set the date for the continuance. A
Notice of Continued Public Heating will be posted outside the Council Chambers
where required by law'. If the continuance is denied, the appeal heating will be
held, the staff report will be presented, public testimony will be received and the
Council will render a decision
· All other requests for continuance shall not be considered except in extraordina~.,
circumstances.
*Reomdar Council Meetings are held ever)., ]st and 3ra Wednesday of each month.
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000
AGENDA ITEM:
ORIGINATING ~PT~: C~nager
PREP:MIE'D ~
CITY MANAGER:
DEPT HE.M):
SUBJECT: Resolution declaring weeds growing on certain described property to be a
public nuisance and setting a public hearing.
RECOMMENDED ACTION:
That Council adopt resolution.
REPORT SUMMARY:
The attached resolution represents the first step in Saratoga's weed and brush abatement pro,am
administered by the Cotmty Fire Marshall. The County has determined that the parcels in
Saratoga on the attached list have excessive weed ~owth which is a fire hazard or otherwise
noxious or dangerous. It would be appropriate at this time for the City Council to adopt the
resolution setting the public heating for weed abatement for December 20, 2000.
Many Hicks of the County Fire Marshall's Office will be attending the meeting to answer any
questions Councilmembers may have on this topic.
FISCAL IMPACTS:
No fiscal impact to the City of Saratoga if the resolution is adopted. Santa Clara County
recovers its costs from the administrative portion of the fee charged to property owners.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The County could not perform weed abatement. It would be necessary to depend upon property
owners to take care of their own abatement.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTIONS:
The County sends the property owners of the parcels notices informing them that the weeds must
be abated, either by the ov~mers or by the County; when County abatement will commence; if
work is not performed by the property owner; and how they may present any objections at the
public hearing. The public hearing is noticed in the Saratoga News as well. After the public
hearing, the Council passes another resolution ordering abatement on properties whose owners
did not object or whose objections the Council felt were invalid. The final steps take place next
summer, when the County presents the Council with a list of properties vYhose abatement bills
have not been paid, and the Council, after hearing any objections, passes a resolution declaring
liens on those properties.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hearing v¥ill be published in the Saratoza News on November 15, 2000 as
required by law. The County will mail out notices to all of the affected property owners.
ATTACHMENTS:
Attachment A -Resolution
Attachment B - List of parcels
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING WEEDS GROWING ON CERTAIN DESCRIBED
PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC
HEARING
WHEREAS, weeds are ~owing in the City of Saratoga upon certain streets,' sidewalks, highway,
roads and private property; and
WHEREAS, said weeds attain such ~owth as to become a fire menace or are otherwise noxious
or dangerous; and
WHEREAS, said weeds constitute a public nuisance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as
follows:
1. That weeds do now constitute a public nuisance;
2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private
property, more particularly described by common name or by reference to the tract, block,
lot, code area and parcel number on the report prepared by and on file in the office of the
County Fire Marshal;
3. That it is ordered that Wednesday, the 20th day of December. 2000, at public heating during
a regular meeting which will begin at 7:00 p.m. in the Saratoga Civic Theater, 13777
Fruitvale Avenue, is hereby fixed as the time and place where objections to the proposed
destruction and removal of said weeds shall be heard and given due consideration;
4. That the County Fire Marshal is hereby designated as the person to cause notice to be given
in the manner and form provided in A_rticle 15, Chapter 7 of the Saratoga Municipal Code,
and as the person to hereafter cause abatement of such seasonal and recurring nuisance.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular adjourned meeting held on the 1 st day of November 2000, by the following vote:
AYES:
NOES:
:ABSTAIN:
.ABSENT:
ATTEST:
Stan Bogosian, Mayor
Cathleen Boyer, City Clerk
U U U U U U U U U U U U U U U U U U U U U U U
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY: /~/q :.-v L4!'/~,.'(d{/../.4/"DEPT HEAD L.-~'.,,~
SUBJECT: Consideration of Request for Increase in Traffic Patrol Services
RECOMMENDED ACTION(S):
Authorize the City Manager to amend the contract with the Santa Clara County Sheriff's Office
to increase traffic patrol sen:ices by two officers, and approve the attached resolution to
appropriate additional funds.
REPORT SUMMARY:
On October 18, 2000, the City Council discussed a recommendation to increase traffic patrol
services. The SheriWs Office estimated in that report that the additional services would increase
annual costs as follows: one motorcycle deputy - $165,741; one deputy in a car - $166.651: both
deputies with their vehicles - $332.392. Staff was asked to return with an analysis of the short
and long-range costs of adding two traffic deputies.
During the current fiscal year. if the Sheriff's Office were able to deploy the officers
immediately, just eight months of increased costs would be required, or S221,595 for two
officers. The City could allocate the $96,366 refund from the Sheriff's Office for overpayment
of law enforcement sen'ices for the previous fiscal year that was received this September. The
General Fund unreserved fund balance could be used for the remaining $125,229. The City's
General Fund balance as of June 30, 2000, is estimated at S9,054,539 (including S2,237,350 for
operating and other reserves).
Looking at the long-term viability of this increased level of spending is more complex. The
City's long-range financial forecast shows essentially a balanced budget in the General Fund
during the next five years. An excess of expenditures over revenues is ~brecast during the current
fiscal year due to costs for the Library and other capital projects. These costs are reimbursed next
year (FY 2001/02), so when the two years are taken together, revenues are at approximately the
same level as expenditures. Additionally, the forecast, for FY 2002/03 shows a significant excess
of revenues over expenditures in the General Fund due to the receipt of Caltrans revenues for
Saratoga-Sunny~'ale Road, thereby allowing more funds to remain in the General Fund rather
than being transferred out to support road maintenance functions. Other than these broad
exceptions, the long-range forecast shows essentially a balanced budget each year.
Beginning in FY 2002/03. the City will receive additional TEA funds of $400,000 each year as a
result of the passage of SB 1883. The additional TEA funds would slightly more than offset the
cost of the two traffic officers which would approximate $366,000 that same year when adjusted
for inflation. Prior to FY 2002/03. it is recommended that the City could use the $96.366 refund
from the Sheriff's Office discussed above, as well as General Fund balance, which is about
5700.000 higher at June 30, 2000, than what was originally estimated during the most recent
budget development cycle.
FISCAL IMPACTS:
As described above.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Traffic congestion would be handled by the existing two traffic deputies authorized under the
current contract.
ALTERNATIVE ACTION(S):
Alternative actions include: remain at current coverage; or add just one traffic deputy either
under weekday' deployment or seven-day deployment. The Financial impact of adding just one
deputy would be $165.741, increased annually for inflation.
FOLLOW UP ACTION(S):
Amend the contract with Santa Clara County Sheriff's Office to increase traffic patrol services.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Resolution making appropriation adjustment to the Fiscal Year 2000/01 budget.
Attachment B: October 18, 2000, Staff Report
"of2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
MAKING APPROPRIATION ADJUSTMENTS TO THE
FISCAL YEAR 2000/01 BUDGET
WHEREAS. the City Council adopted Resolution No 00-38 adopting the budget for Fiscal Years
2000-01 and 2001-02 on June 21. 2000: 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 wishes to amend the contract with the Santa Clara County Sheriff's Office
to increase traffic patrol sen-ices to add one motorcycle deputy and one deputy in a car to address
traffic congestion, and
WHEREAS, the Sheriff's Office has estimated the cost of these additional services to be
$002,092 annually, or approximately S_,.1.~9> for the period from November 1. 2000 to June 30.
2001.
WHEREAS. sufficient funds are available in the General Fund, using the $96.366 refund from
the Sheriff's Office for overpayment of laxv enforcement services for the previous fiscal year. and
General Fund balance for the remainder, 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 herebv resolves to increase the
appropriations for Police Sen'ices by S221,595, using General Fund unreserved fund balance.
001-20!5-523-40.10
001-1040-441-04.00
001-0000-330-01.00
AND BE IT FURTHER RESOLVED. the above adjustments to the City of Saratoga's Fiscal
Year 2000-01 budget will be made using the following entries:
Expenditures Revenues
(DebiO (Credit)
Police Services - Contract Services $221,595
Refunds and Reimbursements $96,366
General Fund - Unreserved Fund Balance S 125.229
ATTACHMENT A
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 1 st day' of November. 2000. by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN.":
ATTEST:
Stan Bogosian. Mayor
Cathleen Boyer. City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: October 18, 2000
ORIGINATING DEPT: City Manager's Office
PREPARED BY:
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: Consideration of Request for Increase in Traffic Patrol Services
RECOM3IENDED ACTION(S):
Adopt resolution increasing traffic patrol services.
REPORT SUMMARY:
Back~round:
The Public Safety Commission has traditionally heard citizen complaints about traffic related
problems occurring in Saratoga. In May and June the number of such complaints sharply
increased. Under normal procedures the Public Safety Commission would request that the
Sheriff's office perform a directed traffic patrol to address the issue. At this time, the requests
became so numerous that it was difficult for the Sheriff's office to respond adequately with the
existing level of traffic patrol. Consequently, the Public Safety Commission requested the
Sheriff's office to bring back to the Commission a proposal to increase traffic patrol resources.
At the August meeting of the Commission, the Sheriff's office presented a proposal for increased
traffic patrol. The Public Safety Commission voted unanimously to recommend the increase in
traffic patrol resources to the City Council.
Discussion:
The proposal made by the Sheriff's office in response to the request by the Public Safety
Commission is outlined below:
1. The City of Saratoga is suffering from an ever-rising influx of vehicular
traffic in and around the City. This increase in vehicles leads to congestion, leading
to frustration and in some cases, aggressive driving. The end result is a concern for
safety and degradation in the quality of life for residents.
Primary traffic complaints from Saratoga residents involve commute hour issues,
with an emphasis on congestion in the immediate area of schools.
ATTACHMENT B
Traffic collision reports indicate that the majority of accidents occur on weekdays
between 7:00 a.m. and 9:00 p.m. Primary collision factors in Saratoga are (1) speed
(2) right of way and (3) inappropriate turning.
City of Saratoga traffic patterns and collision rates support consideration of expanded
traffic enforcement hours.
The current level of service alloxvs for traffic coverage on only 4 of 5-weekday morning and
evening commuting periods. Weekday shift overlap is minimal. Further, the present level of
coverage does not provide traffic patrol on weekends, forcing patrol deputies to go out of service
for traffic accidents. As well, directed patrol to deal with neighborhood cut-through issues and
congestion around schools is limited.
The Sheriff's office recommends one of three options for increasing traffic patrols in the City of
Saratoga.
Option 1 One additional traffic deputy - weekday deployment.
The addition of an additional motorcycle deputy deployed on weekday patrols
would add coverage for morning and afternoon commuting hours, except for
Friday morning. It also maximizes shift overlap in periods of congestion caused
by pick-up traffic around schools in the afternoon. Coverage would be available
for directed patrol and neighborhood traffic management.
Under this option there would be no traffic coverage on weekends. Patrol
deputies Would continue to handle traffic accidents as theY do now. The cost of
this additional deputy is $166,651 per year.
Option 2 One additional traffic deputy - 7-day deployment.
Under this option the additional deputy would allow the reassignment of the
traffic car to Friday through Monday from 1:00 p.m. to 11:00 p.m. This
deployment provides traffic coverage for the morning commutes Monday through
Thursday and evening commutes for 5 weeknights. The primary focus of this
option is to extend traffic coverage to weekends. This would keep patrol deputies
from having to go out of service to respond to traffic accidents, resulting in lower
over-all response time on weekends. Additionally, Friday and Saturday evenings
are times when there are numerous accidents as well as drivers who are driving
under the influence.
Option 3 Two additional traffic deputies.
Under this option one traffic car and one motorcycle deputy would be added. All
5-weekday morning and evening commuting periods would be covered, and
coverage would be provided on weekends in time normally associated with
DUI's. An overlap of three deputies under this option occurs on Mondays and
Fridays.
This option allows for the greatest coverage of the three options presented. It is
the "no compromise" model, offering coverage on weekday commuting periods,
school pick-up and drop-offperiods and weekend coverage. It would allow for
the greatest amount of flexibility for directed patrol activity and assistance to the
neighborhood traffic management program.
FISCAL IMPACTS:
Options 1 and 2 would increase the contract expenditures by S166,651 per year. Option 3 xvould
increase contract expenditures by $233,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Traffic congestion would be handled by the existing two traffic deputies authorized under the
current contract.
ALTERNATIVE ACTION(S):
Contained in report.
FOLLOW UP ACTION(S):
Amend the contract with Santa Clara County Sheriff's Office to increase Traffic Patrol Services.
Appropriate additional funds to increase public safety budget in the Mid-Year Financial Report.
ADVERTISING, NOTICING .~ND PUBLIC CONTACT:
This proposal was revised and approved by the Public Safety Commission on August 2, 2000.
ATTACHMENTS:
Attachment 1 - Sheriff's Office Report - Traffic Enforcement Options
Attachment 2 - Resolution
County of Santa Clara
Office of the Sheriff
55 West Younger Avenue
San Jose, California 95110-1721
(408) 299-2101
Laurie Smith
Sheriff
City of Saratoga
Traffic Enforcement Options
INTRODUCTION
On August 3, 2000 representatives from the Sheriff's Office met with Fran Andreson and Mitch 'Kane of
the Saratoga Public Safer,.' Commission. The topic was traffic enforcement, which has become a serious
concern for the citizens of Saratoga.
Saratoga is suffering from rapid expansion and an ever rising influx of vehicular traffic in and around,
the ciB'. This increase in vehicles leads to congestion, which leads to frustration and in some cases,l
aggressive driving. The end result is a concern for safer?' and degradation in the quality of life for
residents.
BACKGROUND
Commissioners Andreson and Kane said the primary traffic complaint from saratoga residents involved
commute hour issues, with an emphasis on congestion in the immediate areas of the schools. Sheriff's
Office Collision Statistics contained in the StateWide Integrated Traffic Reporting .~ystem (SWlIRS)
support this contention. The SWITRS reports are attached as reference.
· SWITRS Report #2 (Collisions By Day of the Week & Hour of the Day) indicates the vast majoriW
of Saratoga traffic accidents occur on the weekdays between the hours of 7:00 a.m. and 9:00 p.m.
The data also shows there is an increase, or spike, at 8:00 a.m. and 5:00 p.m., with Tuesday,
Wednesday and Thursday generally having the highest rate of incidents. One exception-to the
weekday trend is Saturday, which has a slightly higher rate of incidents than Monday. Sunday, with
the lowest incident rate, is approximately 50% of the other days in the week.
· SWITRS Report #3 (Primary Collision Factors for Collisions and Victims by Severity) lists the
primary, collision factor in Saratoga incidents as: 1) speed. 2) right-of-way, and 3) inappropriate
turning.
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James-T. Beall, Jr., S. Joseph Simitian
County Executive: Richard Wittenberg
ATTACHMENT
BENEFITS OF INCREASED STAFFING
The Ci~' of Saratoga's traffic patterns and collision rates would support consideration of expanded
traffic enforcement hours. Additionally, any additional deputies added to Saratoga would also enhance
the response times to emergency calls for service.
CAR VS. MOTORCYCLE
There are several considerations that need to be addressed when choosing between traffic enforcement in
a car versus traffic enforcement on a motorcycle.
A depu~' working traffic enforcement on a motorcycle has increased mobility in congested areas and
enhanced enforcement capabilities, as they are not as-visible as a vehicle. Motorcycle deputies
traditionally project an image that traffic enforcement is important to the community. Motorcycles are
usually better suited for dayshift assignments.
A depuD-' working traffic enforcement in a car provides a higher level of safeD' for the officer and has
better visibility at nighttime accident scenes. Since most Driving Under the Influence incidents occur in
the evening hours, a deputy in a car eliminates the need to pull a second unit out of sen'ice to transport
an arrestee. Cars are better suited for nighttime assignments.
The cost difference between a deputy in a car and a deputy, on a motorcycle is minimal.
COST ANALYSIS
Automobile
Deputy Sheriff. Step 5, 5% CIP w/Benefits
Hourly cost for supplemental patrol (A-22)
Hours worked per year (A-5)
Annual cost based on productive hours
9~.4~
I
1783.70 :,
166.651.09 !
Motorcycle
Depu~' Sheriff. Step 5, 5% CIP w/Benefits
Hourly cost for supplemental patrol (A-22)
Hours worked per year (A-5)
Annual cost based on productive hours
l
9'~ 9'~ :
,
1783.70 I
$165.741.40 .
DEPLOYMENT CONCERNS
Deployment of Traffic Depu~' resources can be based on several factors, the main two being SWITRS
Accident Statistics and Commute/Congestion Patterns.
SWITRS Accident Statistic deployment results in day and swing shift coverage, seven day a week.
Statistically, this type of deployment would mean that 80+ % of the accidents would occur when a
traffic officer is scheduled to be on duD'. This eliminates the need to use Patrol Deputies to handle
accident investigations.
Commute/Congestion Pattern deployment results weekday commute hour coverage, cover day and early
evening hours. It does allow for overlap, which results in unit availability for-directed and pro-active
enforcement.
COVERAGE OPTIONS
There are several different options the city can take in regards to traffic enforcement. These options
include: 1) Remain at current coverage level, 2) Increase staffing by one motorcycle deputy, or, 3)
Increase staffing by one motorcycle deputy and one deputy in a car.
In each of the options, including Current Coverage, the deputies are deployed to maximize efficiency
and effectiveness, i.e., work during peak commute hours, work days and hours associated with high
incident times based on SWITRS data and meet contractual requirements of the Deputy Sheriff's
Association MOU. Any additional positions wSll result in adjustments for the entire unit in order to
better serve the community.
These options are listed below with a brief overview of the benefits and drawbacks of each.
Current Coverage Level
Refer to Chart "A "
The Cig' of Saratoga currently contracts for two "traffic" deputies whose primary function is to handle
traffic related issues, directed traffic enforcement and the investigation of traffic accidents. In the event
of an emergency or other Priorig' 1 Call, the traffic deputy can be used to respond and assist.
Typical Deployment
TYPE i DAYS i HOURS l
Motorcycle i Tue- Fri i 0600-1600
Car
Comparison
PROS CONS
Assi~maed to maximize deployment Only covers four of the five weekday morning commutes
Only covers four of the five weekday evening commutes
[ Does not provide coverage on weekends
I
Limited overlap during the weekdays
~ Limited abilit3, to do Directed Enforcement
I Accidents on weekends are handled by Beat Deputies
i Does not address High Incident Times shown in SWITRS
The drawbacks associated with this coverage is the fact that there is minimal coverage during peak
commute and school drop off/pick-up hours. Only one deputy, is on duty during the morning hours (four
day's a week) and one deput? is on duty during the evening hours (four days a week). With multiple
locations of concern during both the morning and evening commutes, the deputy on duty during those
peak hours will only be able to concentrate on one area.
Another drawback associated with this coverage is the fact there is no traffic enforcement on the
weekends. Statistics show that Friday and Saturday evenings have traditionally been a time when there
are numerous accidents, as well as drivers who are driving Under the Influence. Accidents occurring
during the weekends are handled by beat deputies.
Option itl
Enhanced Staffing - One Additional Traffic Deputy
Deployment by Commute/Congestion Patterns
Refer to Chart "Option itl"
i TYPE I DAYS I HOURS
I Motorcycle i Mon- Thu 0600-1600
Motorcycle Mon- Thu 0730-1730
Car i Tue- Fri 1000-2000
Comparison
PROS CONS
Covers four of the five weekday morning commutes Does not cover Friday AM commute -
Covers four of the five weekday evening commutes Does not cover Monday PM commute
Provides overlap during the weekdays Does not provide weekend coverage
AbiliD' to do Directed Enforcement on weekdays Does not provide late evening coverage
Addresses commute/congestion patterns during the week Increases budget by $166K
Allows for some proactive enforcement
The addition of one motorcycle deputy reduces some of the issues associated with lack of coverage the
morning and evening commute times. Under this plan, all Traffic Deputies are deployed during the
weekday hours,' cover 4 of the AM and PM commute times. The overlap in this plan allows for directed
and proactive enforcement. _
This plan enhances traffic enforcement in the City of Saratoga.
Option #2
Enhanced Staffing - One Additional Traffic Deput3'
Deployment by SWITRS Accident Statistics
Refer to Chart "Option #2"
TYPE i DAYS !HouRs
~ Mon- Thu 0600-1600
Motorcycle ~
Motorcycle i Tue - Fri 1000-2000
Car I Fri -Mon i 1300-2300 ..
Comparison
PROS CONS
· Covers four of the five weekday morning commutes Does not cover Friday AM commute
Covers all of the five weekday evening commutes Does not cover AM hours of weekend days
Provides some coverage on weekends Does not provide overlap on weekends
Provides overlap during the weekdays Increases budget by $166K
Some ability to do Directed Enforcement
Addresses most High Incident Times shown in SWITRS
Allows for some proactive enforcement
The addition of one motorcycle deputy reduces the issues associated with lack of coverage the morning
and evening commute times. Under this plan, all weekday morning and evening commutes, with the
exception of Friday morning, are covered. This option also addresses the Friday evening and weekend
coverage, normally associated with DUIs.
This plan reduces the need to utilize Patrol Deputies to handle accidents.
This plan enhances traffic enforcement in the CiD: of Saratoga.
Option #3
Enhanced Staffing - Two Additional Traffic Deputies
Deployment by SWITRS Accident Statistics and Commute/Congestion Patterns
Refer to Chart "Option #3"
TYPE ! DAYS
, Motorcycle
Motorcycle
Mon - Thu
Fri - Mon
Car i Tue - Fri
Car ! Fri -Mon
HouRs
0600-1600
I
[ 0700-1700 1
1000-2000 ]
!1330-2330 ]
Comparison
PROS CONS
Covers all of the five weekday morning commutes Increases budget by $233K
Covers all of the five weekday evening commutes
Provides coverage on weekends
Provides overlap seven days a week
Allows'deputies to do Directed Enforcement
Addresses High Incident Times shown in SWITRS
Allows for deputies to be proactive in enforcement area
The addition of tv,,o deputies addresses the issues associated with lack of coverage during the morning
and evening commute times. Under this option, all five weekdays are, covered. This option also
addresses the weekend coverage, with an emphasis on the times normally associated with DUI's.
This plan provides for greatly enhanced traffic enforcement and the ability to conduct "Directed Traffic
Enforcement" throughout the Ci~' of Saratoga. This plan would also allow for special programs and
educational presentations to be implemented.
OPTION CHARTS
The following charts represent current and optional staffing levels on a given week.
Each chart is broken down by da3' of the week and into one-hour grids for the full 24-hour day. The
1999 SWITRS information, indicating the number of accidents by day of the week and hour of the day,
is listed along the left side of each column.
The colored bars represent deployment, by days of the week and hours of the day. of traffic deputies.
Chart "A" represents Current staffing
Chart "Option # 1" represents Option #1 - Staffing increased by one deputy with deployment based upon
Commute/Congestion Pattern
Chart "Option #2" represents Option #1 - Staffing increased by one deputy with deployment based upon
SWITRS Accident Statistics
Chart "Option #3" represents Option #2 - Staffing increased by two deputies with deployment based
upon a combination of Commute/Congestion Pattern and SWITRS Accident Patterns
SAI~a. TOGA CITY COUNCIL
MEETING DATE: November 1, 2000
ORIGINATING DEPT: Recreation
AGENDA ITEM: ~
CITY M)~NAGER: '~ff~
DEPT HEAD :~,,,,~--,~.-.-~
SUBJECT: Placement of CommuniD' and Senior Center Portables
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly.
REPORT SUMMARY:
On October 24, 2000 the City Council authorized staff to move forward with the purchase of one
portable building and the lease a~eements for two other units. Staff was directed to bring back
to Council' other options for where the portables could be placed. Listed below are the areas
within the civic center ~ounds. Currently, there are no plans for a new or remodeled Community
Center, so it was difficult to consider the impact of future construction. Staff did not explore any
offsite options.
The Front of CiD' Hall and the Parking Lot Next to the Civic Theater
These two areas were not considered because of the safety issues with the heavy flow of traffic in
the parking lots, and esthetically, portables would detract from the appearance of City Hall when
viewed from Fruitvale Avenue.
Behind CiD' Hall
All three portables could be clustered in this area. The parking lot behind City Hall is the most
under utilized lot in the complex. It could be partially blocked offwith the portables placed in
various positions. There would be some ~ading issues because of the slope of this area, but
utilities are located nearby to sen:ice the portables. Also, pathways to the Senior and
Community Center would need to be accessible. The 24'x40' classroom portable does not have
a restroom so participants, if needed, would have to utilize the restrooms in City Hall. This
could be a problem for evening programs when City Hall is closed.
Staff felt that this would be the best location for the Pre-school. Attached you will find the
Preschool Director's evaluation of the site options and the reason she prefers the site behind City
Hall.
Parking Lot by Adult Care Center
Two portables could fit in this space but the main parking lot would lose at least 14 spaces.
Utilities are conveniently located near this site, but it would completely eliminate parking next to
the Adult Care Center. This would be a problem for the participants, as many have disability
problems.
Staff felt this would be the preferred location for the Senior Center portable. Attached you will
find a site option evaluation from the Executive Director of SASCC and her reasons supporting
this recommendation.
The Area Between the Communi~' Center and Corporation Yard
All three portables could be clustered in this space. The Preschool could back up to the fence on
the other side of the Community Center so the pro,am would have an outdoor area adjacent to
the building. A drop off and pick up area could be nearby and a wall~vay to the front of the
Community Center could be designed. This area would work well for the two Recreation
Department portables, but would be quite a distance for participants in senior citizen programs.
Problems with this area include the location of the natural gas filling pumps, closeness to the
creek and the number of parking spaces lost for the placement of three portables.
This site is the preferred location for the classroom portable. There would be easy access to the
lobby, restrooms and main office at the Community Center
FISCAL IMPACTS:
Additional expenses unknown at this time.
CONSEQUENCES OF NOT FOLLOgVING RECOMMENDED ACTION(S):
Location for the three portables will not be determined.
ALTERxNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
Direct staff to finalize plans to install the three portables.
:M)VERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Report from Maw Goulart
2. Letter from Marianne Swan
3. Site OptiOn Plans
SENIOR CENTER MODULAR CLASSROOM
USE, PURCHASE PROCESS AND SITE LOCATION
_OCTOBER~ 25 2000
Submitted by Mary Goulart
The Senior Center modular classroom will be used to enhance and expand the number of
programs, activities and services the Saratoga Area Senior Coordinating Council (SASCC)
provides to older adults and their families in Saratoga and surrounding communities. The size of
the building is 24 feet wide by 60 feet long and comes complete with wall-to-wall carpet,
window- covetings, heating and air conditioning, telephone wiring, running water and a restroom.
The modular classroom will be purchased from McGrath Mobile Modular in Livermore, using
Federal CDBG money already allocated for use by seniors in Saratoga. Prior to any expenditure
of CDBG money, very strict procedures and policies must be followed. In this case,
representatives from the City of Saratoga and SASCC have worked side-by-side with housing
rehabilitation specialists from the Housing and Community Development Program in San Jose.
These individuals have overseen every aspect of this current CDBG refurbishment project at the
Saratoga Senior Center and a wage specialist has also been hired by the City of Saratoga to
assure strict compliance with the Davis-Bacon Act regarding the prevailing wages paid to
individuals working on this project.
In addition to the purchase and installation of the modular classroom, the refurbishment of the
Senior Wing of the Community Center, including both the Senior Center and the Adult Care
Center will entail new paint, new carpet, improvements to the I-IVAC system, a new reception
counter with a lockable accordion door in the lobby of the Senior Center, refinished kitchen
cabinets and new window coverings. The total amount of CDBG money allocated for this entire
project is $170,951. In order to be in strict compliance with aH required procedures, Bob
Rathbun fi.om San Jose's Housing and Community Development Programs, has approved all
phases of this refurbishment and is anxious for the project to be finalized.
Where to locate the modular classroom for the Senior Center is a crucial decision. Because of
the older population we serve, much thought has already gone into site location. The modular
classroom needs to be located in a level area close to parking, with easy access for wheel chairs
and the ramp at the front entrance the portable classroom. It is most preferable that the
classroom be located close to the existing Senior Center building so members walking fi.om one
activity to another do not have far to go, especially in cold, rainy weather.
The following is an evaluation of the different locations available as possible sites for the Senior
Center modular classroom.
In front of City Hall: This option was not seen as a viable site because of
insufficient parking, distance fi.om Senior Center and the modular class would be
unsightly, partially blocking the view-of City Hall.
2. Behind City Hall: This location has been considered as a potential location to
cluster all three modular classrooms. The Senior Center classroom would need to be
located closest to the Senior Center parking lot for convenient parking. Excavation of
a concrete retaining wall and substantial leveling of the existing concrete parking area
would be required. The pros for this area would be the benefit of clustering, having
all utilities routed to the same location. It is uncertain as to whether or not the units
would be in the way of future buildings as no design or site plan has been decided
upon at this time. The cons for this area would be the cost of excavating the site, the
lack of adequate parking for patrons of all three buildings and the dramatic increase
of traffic flow behind City Hall.
In front of the Adult Care Center: This location has been considered as an ideal
location for the Senior Center modular classroom. No excavation would be required
in this location. Electrical and plumbing lines are located nearby and would be easy
to access. Parking would be sufficiem, handicapped access would be adequate and
the location would not require seniors to walk long distances to get from one activity
to another.
Between the Community Center and the Corporation Yard: This location has
been considered as a potential site to cluster all three classrooms together. This
parking lot is heavily used by employees of the City and thc Post Office. Parking for
patrons of aH three classrooms would be a challenge and the presence of a fueling
station for City and Post Office vehicles is potentially hazardous. Some excavation
would bc required and utilities would need to bc run from thc Corporation Yard. This
location would be most difficult in terms of proximity and seniors would be required
to walk a long distance to go from one activity to another.
Joan Pisani
From: Marianne Swan, Preschool Director
Date: October 25, 2000.
Subject: Preschool Location Evaluation
Preschool Needs
· Safe access to classroom away from the busy parking lot
· Turn around for drop off and pick up.
· Fenced in play yard and garden adjacent to classroom.
· Outdoor equipment and storage area.
· Access to Senior Day Care for Intergenerational Programs.
Site One:In front of City Hall.
Con: Too close to major thoroughfare/a safety concern;
health concern(exhaust fumes and outdoor play);
Away from Community Center.
Pro: None
Site Two:In front of Adult Day Care.
Con: No direct access to play grotmd and/or garden
Safety issue with parking lot, no turn around.
Pro: Close to Senior Day Care.
Site Three:Between Community Center and Corp Yard. Con: Away fi-om Garden.
Ioo close to fuel station and Corp yard's activities/safety issue.
Fire Department's testing of equipment.
Heavily used permanent parking by City, Post Office, & Redwood.
Vandalism of equipment.
Eyesore to Community Center's renters.
Use ofbackyard can interfere with other programs.
(Such as Yoga, Gym, and Sports)
Pro: Access to Community Center and their backyard.
Site Four: Behind City Hall
Con: A little further away fi.om Community Center than site three.
(Programs feed into one another.)
Pro: Access to Garden and Playground.
Near Adult Day Care for Intergenerational Programs.
Away fi.om major activity in the parking lot.
Turn around is possible for ears.
Away fi.om busiest corner in town.
Less prone to vandalism of equipmem.
Recommended Site: Behind City HaH
.y
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
SUBJECT: Architectural Sero'ices Contract
RECOMMENDED ACTION(S):
Approve the Novation Agreement substituting the firm of Field Paoli in place of BSA for the
City of Saratoga Community Library expansion and renovation project.
REPORT SUMMARY:
On August 2, 2000, the City of Saratoga contracted with the firm of BSA Architects to provide
architectural services for the Saratoga Community Library expansion and renovation project.
The lead architect on the project is Mark Schatz. The project, which is now in the design phase.
is progressing according to schedule, and the City is pleased with the quality of work thus far.
After eighteen vears with BSA. Mr. Schatz has decided to make a career move to the
architectural firm of Field Paoli. effective November 6. 2000. Mr. Schatz. BSA and Field Paoli
have jointly proposed a plan that would provide continuity for the Saratoga Library project. The
plan is designed to allow Mr. Schatz to remain as the principal architect throughout the entire
project, and transfer the Saratoga Library contract from BSA to the new firm of Field Paoli, using
a "Novation Agreement':. More specifically, beginning November 6, Mr. Schatz would be an
employee of Field Paoli,. but would be on contract vdth BSA until the schematic design phase of
the project is completed about December 31. 2000. During these two months, the Cit,).' would
still be contracting with BSA. Upon the completion of the design phase, the City's contract
would be transferred to Field Paoli under the Novation Agreement, and from that point forward.
the contract would be between the City and Field Paoli, with Mark Schatz remaining as the
principal architect.
The City is very interested in retaining Mark as the lead architect throughout the duration of the
project. Upon learning of this proposal, the Mayor. the City Manager and representatives from
the LibraD' Expansion Committee met with Mark Schatz and Dave Paoli. The issues which were
discussed during that meeting included the quality of Field Paoli staff that would be assigned to
the project, assurance that no additional costs would incurred by the City as a result of this
arrangement, and the transfer of all liability to the new firm to protect the City should a problem
arise. The City's representatives at this meeting concluded that the proposed arrangement would
allow for the retention of the lead architect, as well as provide quality architectural services at no
additional cost. The City Attorney has reviewed the Novation Agreement, and has determined
that the City would be sufficiently protected since it places the same liability coverage on Field
Paoli that was originally required of BSA.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Mark Schatz would no longer be the lead architect for this project.
ALTERNATIVE ACTION(S):
Remain with BSA Architects for the entire project, and select another lead architect from that
firm.
FOLLOW UP ACTION(S):
Execute the Novation Agreement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Novation Agreement Substituting Architect in Owner/Architect Agreement
~'~ of 2
NOVATION AGREEMENT SUBSTITUTING ARCHITECT
IN- OX~-~'ER'ARCHITECT AGREEMENT
This novation agreement is made on between BSA Architects. 350
Pacific Avenue. San Francisco. San Francisco County, California ("Original Architect"), Field
Paoli Architects, 1045 Sansome Street. San Francisco. San Francisco County. California ("New
Architect"), and City of Saratoga, 13777 Fruitvale Avenue, Saratoga, Santa ~lara County.
California ("Owner").
RECITALS
A. On or about Au_oust '~ 2000. Original Architect and Owner entered into a contract
("Original Contract") for Original Architect to provide full architectural services for the
expansion and renovation of the existing Saratoga Branch of the Santa Clara County Library.
B. The parties desire that upon completion of the Schematic Design Phase described
in the Original Contract that the Original Architect be discharged and released from the
performance of the obligations under the Original Contract and that New Architect perform the
obligations and be bound by the terms of the Original Contract..
C. The parties anticipate that the Schematic Design Phase will be completed on or
about January 1. 2001.
AGREEMENT
In consideration of the mutual promises contained in this agreement, the parties agree as
follows:
1. Upon Original Architect's completion of the Schematic Design Phase. New
Architect shall perform the remaining obligations of the Original Architect that are enumerated
in the Original Contract. and New Architect agrees to be bound by all the terms of the Original
Contract in ever,' way as if an original part3' to the Original Contract.
2. Upon the completion of the schematic design phase, Owner releases Original
Architect I¥om all claims for an3' liability that has arisen or max' have arisen with respect to the
Original Contract. Owner accepts the liability of Nexv Architect in lieu of the liability of
Original Architect. Owner shall be bound bx' the terms of the Original Contract in eyeD' way as
if New Architect were named in the Original Contract in place of Original Architect.
3. This agreement supersedes the Original Contract between Original Architect and
Owner. and all the rights and obligations under the Original Contract are completely
extinguished. A cop3' of the Original Contract is attached and incorporated by reference to
define the extent of New Architect's Obligation under this agreement as Exhibit 1.
ATTACHMENT A
4. Payment of all fees and expenses due under the terms of the Original Contract up
through the completion of the Schematic Design Phase shall be made bv Owner to Original
Architect, all other payments of fees and expenses shall be made by Owner to New Architect.
agreement.
Original Architect. New Architect. and Ox~mer consent to all the provisions of this
6. This Agreement shall take effect upon the execution by Original Architect of a
letter advising New Architect and Owner that the Schematic Design Phase has been completed
and the New Architect and Owner executing an Acknovdedgement. in the form attached hereto
as Exhibit 2
Executed at
[place] on the date first written above.
BSA ARCHITECTS
[Signature]
FIELD PAOLI ARCHITECTS
[Signature]
CITY OF SARATOGA
[Signature]
CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
.THIS AGREEMENT is made at Saratoga, California by and between the CITY OF
SARATOGA, a municiPal corporation ("CID'"), and BSA Architects ("Contractor"), who agree
as follows:
RECITALS
WHEREAS, Ci~' requires the services of a qualified contractor to provide the work product
described in Exhibit A of this Agreement; and
WHEREAS, CiD' lacks the'qualified personnel to provide the specified work product; and
WHEREAS, Contractor is duly qualified to provide the required work product; and
WHEREAS, Contractor is agreeable to prOviding such work prOduct on the terms and conditions
hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to CiD' the work product described in Exhibit A
("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed Purchase
Order from the Finance Department of the CiD' of Saratoga.
2. TERM. The term of thi~ Agreement commences on August 2, 2000, and extends
through completion of the project which is estimated to be October 2002, unless it is extended by
written mutual agreement between the parties, provided that the parties retain the right to
terminate this Agreement as provided in Exhibit D at all times. The CiD' will issue a notice of
completion to Contractor upon completion of the project.
PAYMENT. CiD' shall pay Contractor for work product produced pursuant to this
Agreement at the time and in the manner set forth in Exhibit B CPayment"). The payments
specified in Exhibit B shall be the only payments to be made to Contractor in connection
with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to CiD' in the manner specified in Exhibit B; or, if no manner is
specified in Exhibit B, then according to the usual and customary procedures and practices
which Contractor uses for billing clients similar to City.
O:~,Mex\Library Expansion\ContractsL,~rchitectContract.doc
EXHIBIT 1
1 of 24
FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and
Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for completing the Scope of Work pursuant to this
Agreement. CiD' shall furnish to Contractor only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in Exhibit C.
o
GENERAL PROVISIONS. CiB' and Contractor agree to and shall abide by the general
provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency
between said general provisions and any other terms or conditions of this Agreement, the
other term or condition shall control insofar as it is inconsistent with the General
Provisions.
o
EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this
i'eference incorporated herein and made a part of this Agreement.
o
CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
Cie' by Cit)' Manager ("Administrator"). The Administrator has complete authority to
receive information, interpret and define City's policies consistent with this Agreement, and
communicate with Contractor concerning this Agreement. Ail correspondence and other
communications shall be directed to or through the Administrator or his or her designee.
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NOTICES. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier. The notice shall be deemed to
have been given and received on the date delivered in person or the date upon which the
postal authoriB: or overnight express carrier indicates that the mailing was delivered to the
address of the receiving Parr),. The Parties shall make good faith efforts to provide advance
courtesy notice of any notices or communications hereunder via telefacsimile. However,
under no circumstances shall such courtesy notice Satisfy the notice requirements set forth
above; nor shall lack of such courtesy notice affect the validity' of service pursuant to the
notice requirement set forth above. Any Part), hereto, by giving ten (10) days written notice
to the other, may designate any other address as substitution of the address to which the
notice or communication shall be given. Notices or communications shall be given to the
Parties at the addresses set forth below until specified otherwise in writing:
Notices to Contractor shall be sent to:
Mark Schatz, AIA, Principal
BSA Architects
350 Pacific Avenue
San Francisco, CA 94111
Notices to City, shall be sent to:
City' Manager
City of Saratoga
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13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral
or written, between the parties hereto with respect to Contractor's completion o~' the Scope
of Work on behalf of City and contains all of the covenants and agreements between the
parties with respect to the rendering of such services in any manner whatsoever. Each part)-
to this Agreement ac'knowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any part5,, or anyone acting on behalf
of any part),, which are not embodied herein, and that no other agreement, statement or
promise not contained in this Agreement shall be valid or binding. No amendment,
_alt,era. tmn,,o,r v.anat~on of the terms of this Agreement shall be valid unless made in '~*a-iting
ana s~gnect oy the parties hereto.
IN WITNESS WH REOF, the parties hereto have executed this Agreement.
CONTRACTOR:
Position:
/
CITY OF SARATOGA, a municipal corporation
Title: _ ('1:~.~.,~ ~a~lO~' ~
r>ate:
C:\TEMD, A~'chitectContract3 doc 3 of 24
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSUP,_&NCE:
' Admi/nistrative Services Director
Date:
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Pa.vment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
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EXHIBIT A
SCOPE OF WORK
Contractor shall complete the Scope of Work, as described below:
PHASE I: PROGRAM REVIEW AND CONCEPTUAL DESIGN
We will review your program with library staff, and make any necessary adjustments prior
to starting our design work. We will also meet with the City planning department to assess
their constraints on the site.
Our Surveyor consultants will prepare a base survey of the site, indicating topography,
existing structures and vegetation, and all utilities. Simultaneously, our geotechnical
engineer will do their test borings and prepare their report, which will include
recommendations for foundation systems.
The architect and landscape architect will prepare conceptual design altematives for review
and discussion with your library,- expansion committee and libraD' staff, and work from
those to prepare a preferred scheme for public presentation. These will be presented to the
various groups outlined in the RFP. Once this scheme is reviewed and revised, we will
work with your environmental consultant to see that the necessary applications are made for
planning and design review.
We propose to provide a maximum of two water color renderings at this stage, for use in
these public presentations and in any fundraising or other promotional efforts for the
project.
The architect and construction cost estimators will prepare a preliminary construction cost
estimate and establish a working project budget document that will be regularly updated as
the project progresses. This chart will track all of the project costs, including construction,
fees, permits, furnishings and contingencies.
PHASE II: SCHEMATIC DESIGN
Once a preferred scheme is approved by the library expansion committee and the City
Council, the architect will proceed with the schematic design phase of the project.
During this phase, the main objectives Will be to resolve the functional aspects of the
design, to develop an architectural vocabulary.' for the exterior and interior of the building
and determine the most appropriate systems for constructing the building. We will meet on
a regular basis with your committee, and with the library staff., to help ensure that the
concerns outlined in the building program are effectively addressed.
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3. The schematic package will include the following materials:
Site Plan
Landscape Plan
Preliminary Grading, Drainage and Utility Plan
Building Floor Plans
Preliminary Shelving / Furnishing Layout
Building Sections
Building Elevations
2 Watercolor Renderings
Materials Board
Schematic Plans and/or Scope Descriptions for Structural, Mechanical and Electrical
Outline Specifications
The Architect shall submit to the Owner a preliminary estimate of Construction Cost based
on current area, volume or other unit costs, and an update of the overall project budget
worksheet.
o
Optional services during this phase include building a detailed model or creating a
computer generated 3D animated "virtual tour" of the new library. These animations have
proven veD' helpful in other communities, both for communicating the design to the CiB'
Council, Design Review Board and other reviewing boards, and in public fundraising
efforts.
PHASE III: DESIGN DEVELOPMENT
Based on the approved Schematic Design Documents and an3' adjustments authorized by
the Ovmer in the program, schedule or construction budget, the Architect shall prepare, for
approval by the Owner, Design Development Documents consisting of the following
drawings' and other documents to fix and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, materials and such other ele-
ments as may be appropriate.
The Architect shall submit to the Owner a more comprehensive Design-Development
estimate of construction cost based on current area,, volume or other unit costs.
3. Our design development Package will include the following materials:
Site Plan
Landscape Layout Plan
Planting Plan and Materials List
Preliminary Landscape Details
Grading, Drainage and Utili~' Plans
Typical Site Details
Code Analysis and Exiting Diagram
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Building Floor Plans
Updated Shelving / Furnishing Layouts
Building Sections
Building Elevations
Typical Construction Wall Sections and Related Standard Details
Selected Interior Elevations
Reflected Ceiling Plans
Preliminary Finish, Window, Door and Louver Schedules
Preliminary Signage Layout and Specification
Foundation and Framing Plans
Typical' Structural Sections and Details
Mechanical and Plumbing Plans and Diagrams
Typical Details for Mechanical and Plumbing
Power, Data and Telecommunications Plans
Interior and Exterior Lighting Plans
Lighting Schedule with Fixture Cuts
Outline Specifications
PHASE IV: CONSTRUCTION DOCUMENTS
Based on the approved Design Development Documents and any further adjustments in the
scope or quality of the Project or in the construction budget authorized by the Owner, the
Architect shall prepare, for approval by the Owner, Construction Documents consisting of
Drawings, Calculations and Specifications setting forth in detail the requirements for the
construction of the Project.
The Architect shall assist the Owner in the preparation of the necessary bidding
information, bidding forms, the Conditions of the Contract, and the form of ~greement
between the Owner and Contractor. The Architect's assistance shall be limited to advice on
technical architectural matters and shall not include advice on legal or insurance matters.
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The Architect shall submit to the Owner a more detailed estimate of construction cost at the
80% compete point of the Construction Documents, based on current area, volume or other
unit costs.
The Architect shall assist the Owner in connection with the Owner's responsibility for filing
documents required for the approval of governmental authorities having jurisdiction over
the Project, and shall make the necessary revisions for resubmittal.
PHASE V: BID AND PLAN CHECK
During this period, we will revise the drawings-based on any comments from the City
building department and Count), fire department plan checks. We will also assist your
construction manager in the preparation of bid documents.
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During the bid period, we will respond to questions and issue addenda for distribution by
the construction manager. Finally, we will assist in the review of the bids and selection of a
preferred contractor. As an aside, we strongly recommend a pre-qualification process to
limit the number of contractors actually bidding the job to a group, all of whom are
qualified to build the library.
PHASE VI: CONSTRUCTION ADMINISTRATION
The Architect's responsibili~' to provide Basic Services for the Construction Phase under
this Agreement commences with the award of the Contract for Construction and terminates
at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days
after the date of Substantial Completion of the Work, unless extended.
The Architect shall provide administration of the Contract for Construction as set forth
below.
Duties, responsibilities and limitations of authori~' of the Architect shall not be restricted,
modified or extended without w'ritten agreement of the Owner and Architect with consent
of the General Contractor, which consent shall not be unreasonably withheld. The Owner
shall be solely responsible for ensuring that any agreement between the Owner and
Contractor or any. other part3, is in conformance with the terms and conditions contained in
this Agreement. If the agreement between the Owner and Contractor or any other
agreement requires services of the Architect beyond the Basic Services described in this
Agreement, the Owner agrees that the ~Architect shall be compensated for such services, if
provided, as Additional Services.
/he Architect, with the concurrence of the Construction Manager, shall have general
oversight and review of the Work. The Architect, with the approval of the Construction
Manager, in each case, shall oversee the Contractor with regard to matters set forth in the
Drawings and Specifications. In addition to any specific responsibilities assigned
elsewhere in the Contract Documents, the Construction Manager shall decide any and all
questions which ma)' arise as to the rate of progress of the Work. The Architect shall have
authority to act on behalf of the Owner only to the extent provided in the Contract
Documents, unless otherwise modified by w~itten instrument.
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The Architect shall visit the site at bi-weekly intervals or as otherwise agreed by the Owner
and Architect in writing to become .generally familiar with the progress and quality of the
Work completed and to determine in general if the Work is being performed in a manner
indicating that the Work when completed will be in accordance with the Contract
Documents. However, the Architect shall not be required to make exhaustive or continuous
on-site inspections to check the qualiD' or quantity of the Work. On the basis of on-site
observations as an architect, the Architect shall keep the Owner informed of the progress
and quality of the Work. (More extensive site representation may be agreed to as an
Additional Serviced.
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The Architect shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safer5,
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shall not be
responsible for the Contractor's schedules or failure to carry, out the Work in accordance
with the Contract Documents. The Architect shall not have control over or charge of acts
or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
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Except as may othervdse be provided in the Contract Documents or when direct
communications have been specially authorized, the Owner and Contractor shall
communicate through the Construction Manager, with copies of all correspondence issued
to the Architect and the Ovmer. Communications by and with the Architect's consultants
shall be through the Architect.
Based on the Architect's observations and evaluations of the Contractor's Applications for
Payment, the Architect shall review and certify, the amounts due the Contractor. The
owmer's Construction Manager shall also review and certify these applications.
10.
The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's observations at the site and on the data comprising the Contractor's
Application for Payment, that the Work has progressed to the point indicated and that, to
the best of the Architect's knowledge, information and belief., quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications
expressed by the Architect. The issuance of a Certificate for Payment shall further
constitute a representation that the Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on-site inspections to check the quality or
quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from Subcontractors and material
suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment or (4) ascertained how, or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
11. The Architect shall have authority to reject Work which does not conform to the Contract
Documents. Whenever the Architect considers it necessary or advisable for
implementation of the intent of the Contract Documents, the Architect will have authority
to require additional inspection or testing of the Work in accordance with the provisions of
the Contract Documents, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to
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O:~Me~\Library Expansion\Contracts~ArchitectContract.doc
exercise or not to exercise such authori~ shall give rise to a duD' or responsibiliB~ of the
Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees or other persons performing portions of the Work.
12.
The Architect shall review' and take appropriate action upon those Shop Drawings, Product
Data and Samples required of the Contractor by the Construction Contract, but only for the
limited purpose of checking for general conformance w, ith the visual design concept
expressed in the Contract Documents. The Architect shall not be responsible for an)'
deviations between (1) the Shop Drawings and (2) the Contract Documents and field
conditions. The Architect's action shall be taken within 10 working days of receipt, with an
additional 5 working days for sub-consultant review, unless otherwise agreed upon in
advance of any specific submittals. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of
equipment or systems designed by the Contractor, all of which remain the responsibility of
the Contractor to the extent required by the Contract Documents. The Ai'chitect's review
shall not constitute review of safe~: precautions or, unless otherwise specifically stated by
the Architect, of construction means, methods, techniques, sequences or procedures. The
Architect's review of a specific item shall not indicate review of an assembly of which the
item is a component. When professional certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, the Architect shall
be entitled to rely upon such certification to establish that the materials, systems or
equipment will meet the performance criteria required by the Contract Documents.
13.
The Architect shall review: Change Orders and Construction Change Directives, to be
prepared by the Construction Manager, with supporting documentation and data if deemed
necessary by the Architect, for the Owner's approval and execution in accordance with the
Contract Documents, and ma)' authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
14.
The Architect shall assist the Construction Manager in the review of the Work to determine
the date or dates of Substantial Completion and the date of final completion, shall receive
and forward to the Owner for the Owner's review and records wa'itten warranties and related
documents required by the Contract Documents and assembled by the Contractor, and shall
issue a final Certificate for Payment upon compliance with the requirements of the Contract
Documents.
15.
The Architect shall interpret and decide matters conceming performance of the Owner and
Contractor under the requirements of the Contract Documents on written request of either
the Owner or Contractor. The Architect's response to such requests shall be made with
reasonable promptness and within any time limits agreed upon.
16. Interpretations and decisions of the Architect shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial decisions, the Architect shall
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O:~lex\Library Expansion\Contracts~ArchitectContract.doc
endeavor to secure faithful performance by both Owner and Contractor, shall not show
partialiD: to either, and shall not be liable for results of interpretations or decisions so
rendered in good faith.
17. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent
with the intent expressed in the Contract Documents.
18.
The Architect shall render v~xitten decisions within a reasonable time on all claims, disputes
or other matters in question between the Owner and Contractor relating to the execution or
progress of the Work as provided in the Contract Documents.
19.
The Architect's decisions on claims, disputes or other matters, including those in question
between the Owner and Contractor, except for those relating to aesthetic effect as provided
above, may be subject to conflict resolution as provided in this Agreement and in the
Contract Documents.
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EXHIBIT B
PAYMENT
TOTAL COMPENSATION. CiD' shall pa3' Contractor an amount not to exceed the total
sum of one million, three hundred and seven thousand, one hundred and fifty dollars
($1,307,150) for work to be performed and reimbursable costs incurred pursuant to this
Agreement. The total sum stated above shall be the total which CiD· shall pay for the work
product to be provided by Contractor pursuant to this Agreement. The total cost shall
include all consultants identified in the response to the Request for Proposal. It shall also
include reimbursable expenses including a mark-up of 5%, of no more than sixty-five
thousand dollars ($65,000). The CiD' shall, at its own expense not to exceed $10,000,
contract with a technology consultant to advise the City,-' on issues related to computer
systems and technology issues. The Contractor shall agree to work with technology
consultant that the CiD: contracts with.
INVOICES. Contractor shall submit invoices, not more often than once a month during
the term of this Agreement, based on the cost for work performed and reimbursable
expenses incurred prior to the invoice date. Invoices shall contain the following
information:
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Serial identifications of bills, i.e., Bill No. 1;
The beginning and ending dates of the billing period;
a summary, containing the total contract amount, the amount of prior billings,
the total due this period, and the remaining balance available for all remaining
billing periods.
MONTHLY PAYMENTS. CiD' shall make monthly payments, based on such invoices,
for satisfactory progress in completion of the Scope of Work, and for authorized
reimbursable expenses incurred.
REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified above.
ADDITIONAL SERVICES. Any additional Consultant services, beyond those identified
in the proposed Scope of Work (Exhibit A) must be authorized by the CiD' in writing prior
to Consultant proceeding with the work. Charges for additional services will be on an
hourly basis, to an agreed upon guaranteed maximum cost. Consultant's hourly rates are
subject to annual adjustment based on employee salary adjustments. Sub-consultant
charges and reimbursable costs associated with additional services will be marked up at a
rate of 5%.
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EXHIBIT C
FACILITIES AND EQUIPMENT
Contractor will perform all of the work in their own offices, so the City will not be required to
furnish physical facilities such as desks, filing cabinets, and conference space.
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EXHIBIT D
GENERAL PROVISIONS
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INDEPENDENT CONTRACTOR. At all times during the term of this Agreement.
Contractor shall be an independent contractor and shall not be an employee of Cityl
Contractor shall complete the Scope of Work hereunder in accordance with currently
approved methods and practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from Contractor
pursuant to this Agreement. CiD. shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no
relationship of employer and employee is created by this Agreement between the City and
Contractor or any subcontractor or employee of Contractor. Nothing contained in this
Agreement shall be construed as limiting the right of Contractor to engage in Contractor's
profession separate and apart from this Agreement so long as such activities do not interfere
or conflict with the performance by Contractor of the obligations set forth in this
Agreement. Interference or conflict will be determined at the sole discretion of the City.
STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work
required pursuant to this Agreement in the manner and according to the standards observed
by a competent practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession. All work product of
whatsoever nature which Contractor delivers to CiD' pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the standards
of quality normally observed by a person practicing in Contractor's profession.
TIME. Contractor shall devote such time to the Scope of Work pursuant to this Agreement
as may be reasonably necessar3.- for satisfactoD, performance of Contractor's obligations
pursuant to this Agreement.
CONTRACTOR NO AGENT. Except as City may specify in v~a-iting. Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as
an agent. Contractor shall have no authority, express or implied, pursuant to this
Agreement to bind City to any obligation whatsoever.
BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pa3, directly all applicable taxes,
including, but not limited to, federal and state income taxes, and in connection therewith
Contractor shall indemnify and hold City harmless from any and all liability that City may
incur because of Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pa3' or withhold any taxes on behalf of Contractor.
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e
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ASSIGNMENT PROHIBITED. No part5,-' to this Agreement may assign an): right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any right
or obligation pursuant to this Agreement shall be void and of no effect. However, with the
consent of the City given in writing, Contractor is entitled to subcontract such portions of
the work to be performed under this Agreement as may be specified by City.
PERSONNEL.
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Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement. In the event that City, in its sole
discretion, at an), time during the term of this Agreement, desires the removal of any
such persons, Contractor shall, immediately upon receiving notice from ci~' of such
desire of Cit-),:, cause the removal of such person or persons.
Employment EligibiliD'. Contractor shall ensure that all employees of Contractor
and any subcontractor retained by Contractor in connection with this Agreement have
provided the necessary documentation to establish identity and employment eligibility
as required by the Immigration Reform and Control Act of 1986. Failure to provide
the necessary documentation will result in the termination of the Agreement as
required by the Immigration Reform and Control Act of 1986.
CONFLICT OF INTEREST.
In General. Contractor represents and warrants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances which could give
rise to a conflict of interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
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Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the Contractor
will make a full disclosure in writing to the City. This disclosure shall include a
description of actions which the Contractor has taken or proposes to take, after
consultation with the City to avoid, mitigate, or neutralize the actual or potential
conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid,
mitigate, or neutralize the conflict of interest to the satisfaction of the Cit3'.
Co
Interests of City Officers and Staff. No officer, member or employee of City and
no member of the City Council shall have any pecuniary interest, direct or indirect, in
this Agreement or-the proceeds thereof. Neither Contractor nor an), member of any
Contractor's family shall serve on any City board or committee or hold any such
position which either by rule, practice or action nominates, recommends, or
supervises Contractor's operations or authorizes funding to Contractor.
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COMPLIANCE WITH LAWS.
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In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by CiD' and shall comply with the common law and
all laws, ordinances, codes and regulations of governmental agencies, (including
federal, state, municipal and local governing bodies) applicable to the performance of
the Scope of Work hereunder, including, but not limited to, all provisions of the
Occupational Safer? and Health Act of 1979 as amended.
Licenses and Permits. Contractor represents and warrants to Cit3: that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally
required for Contractor to practice its profession. Contractor represents and warrants
to Cit3' that Contractor shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement an3' licenses, permits, and approvals which are
legally required for Contractor to practice its profession. In addition to the foregoing,
Contractor shall obtain and maintain during the term hereof a valid City of Saratoga
Business License.
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Funding Agency Requirements. To the extent that this Agreement may be funded
by fiscal assistance from federal, state or local agencies, Contractor shall comply with
all applicable rules and regulations to which City is bound by the terms of such fiscal
assistance program.
Drug-free Workplace. Contractor and Contractor's employees and subcontractors
shall comply with the City's policy of maintaining a drug-free workplace. Neither
Contractor nor Contractor's employees and subcontractors shall unla~rfully
manufacture, distribute, dispense, possess or use controlled substances, as defined in
21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines,
at any facili~,, premises or worksite used in any manner in connection with
performing services pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug
statute violation occurring at such a facilit3', premises, or worksite, the Contractor,
within five days thereafter, shall notify the City,.
Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and that no person shall, on the grounds of race, creed, color}
disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be excluded from
participating in, be denied the benefits of, or be otherwise subjected to discrimination
under this Agreement.
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10. DOCUMENTS AND RECORDS.
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Property of City. All reports, data, maps, models, charts, studies, sun, eys,
photographs, memoranda or other v~xitten documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of CiD' upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
The Contractor's drawings, specifications and other documents shall not be used by
the CiD' or others on buildings other than the library. In the event of any unauthorized
use, reuse or modification to the drawings, specifications and other documents by any
person, firm or legal entity, the CiD' agrees to indemnify, defend and hold the
Contractor harmless from and against any and all claims, liabilities, suits, demands.
losses, costs and expenses, including reasonable attorneys' fees and all legal expenses
and fees incurred on appeal, and all interest thereon, accruing or resulting to any and
all persons, firms, or any' other legal entity, on account of any damage or loss to
property or persons, including death, arising out of such unauthorized use, reuse or
modification of the Contractor's drawings, specifications and other documents, except
where the Contractor is found to be solely liable for such damages or losses by a court
or forum of competent jurisdiction.
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Retention of Records: Until the expiration of five years after the furnishing of any
sen'ices pursuant to this Agreement, Contractor shall retain and make available to the
CiD' or any part), designated by the CID', upon v~xitten request, this Agreement, and
such books, documents and records of Contractor (and any books, documents, and
records of any subcontractor(s)) that are necessary or convenient for audit purposes to
certify the nature and extent of the reasonable cost of services to CID'.
Use Of Recycled Products. Contractor shall prepare and submit all reports, ~xitten
studies and other printed material on recycled paper to the extent it is available at
equal or less cost than virgin paper.
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Professional Seal. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design specifications,
and each page of construction drawings shall be stamped/sealed and signed by the
licensed professional responsible for the report/design preparation. The stamp/seal
shall be in a block entitled "Seal and Signature of Registered Professional with
report/design responsibility" as per the sample below.
Seal and Signature of Registered Professional
with report/design responsibility.
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11.
CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information
received from CiD' in the course of performing this Agreement in trust and confidence and
will not reveal such confidential information to any person or entity, either during the term
of the Agreement or at any time thereafter. Upon expiration of this Agreement, or
termination as provided herein, Contractor shall return materials which contain any
confidential information to CID'. Contractor may keep one copy for its confidential file.
For purposes of this paragraph, confidential information is defined as all information
disclosed to Contractor which relates to City's past, present, and future activities, as well as
activities under this Agreement, which information is not otherwise of public record under
Calitbmia law.
12.
RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibiliD.' for the
w'ork, shall bear all losses and damages directly or indirectly resulting to Contractor, to any
subcontractor, to the CID,, to CiD' officers and employees, or to parties designated by the
CID:, on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or passive negligence of the
Contractor or of any subcontractor.
13.
INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, to the fullest extent permitted by law, be fully protected from any loss,
injur5:, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs,
court costs or any other cost arising out of or in any way related to the negligent
performance of this Agreement. Accordingly, the provisions of this indemnity provision
are intended by the parties to be interpreted and construed to provide the fullest protection
possible under the law to the CID', Contractor ac'knowledges that CiD: would not enter into
this agreement in the absence of the commitment of Contractor to indenmify and protect
City as set forth below.
Indemnity. To the fullest extent permitted by law, Contractor shall defend,
indemnify' and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulator5: proceedings, losses, expenses or costs of any kind whatsoever without
restriction or limitation, to the extent caused by Contractor's negligent performance of
this Agreement. All obligations under this provision are to be paid by Contractor as
they are incurred by the City.
Limitation on Indemni~,. Without affecting the rights of City, under any provision
oi~ this agreement or this section, Contractor shall not be required to indemnify and
hold harmless CiD, as set forth above for liability attributable to the negligence of
CID', provided such negligence is determined by agreement between the parties or the
findings of a court of competent jurisdiction. This exception will apply only in
instances where the CiD' is show'n to have been negligent.
c. Acknowledgement. Contractor has no obligation under this agreement for liability
proven in a court of competent jurisdiction, or by vYxitten agreement between the
parties to be the fault of City.
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14.
Scope of Contractor Obligation. The obligations of Contractor under this or any
other provision of this Agreement will not be limited by the provisions of an),
workers' compensation act or similar act. Contractor expressly waives its statutory.'
immunity under such statutes or laws as to City, its employees and officials.
Subcontractors. Contractor agrees to obtain executed indenmity agreements with
provisions identical to those set forth here in .this section from each and ever),
subcontractor, subtier contractor or any other person or entity involved by, for, with or
on behalf of Contractor in the performance or subject matter of this Agreement. In
the event Contractor fails to obtain such indemnity obligations from others as required
here, Contractor agrees to be fully responsible according to the terms of this section.
In General. Failure of City to monitor compliance with these requirements imposes
no additional obligations on City and will in no wa), act as a waiver of an), rights
hereunder. This obligation to indemnify and defend City as set forth herein is binding
on the successors, assigns, or heirs of Contractor and shall survive the termination of
this agreement or this section.
INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the
duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall
be included in the Contractor's bid.
15. DEFAULT AND REMEDIES.
ao
Events of default. Each of the following shall constitute an event of default
hereunder:
Failure to perform an), obligation under this Agreement and failure to cure such
breach immediately upon receiving notice of such breach, if the breach is such
that the City determines the health, welfare, or safety of the public is
immediately endangered; or
Failure to perform any obligation under this Agreement and failure to cure such
breach within fifteen (15) days of receiving notice of such breach, if the breach
is such that the City determines that thehealth, welfare, or safety of the public
is not immediately endangered, provided that if the nature of the breach is such
that the City determines it will reasonably require more than fifteen (15) days to
cure, Contractor shall not be in default if Contractor promptly commences the
cure and diligently proceeds to completion of the cure.
Remedies upon default. Upon any Contractor default, City shall have the right to
immediately suspend or terminate the Agreement, seek specific performance, contract
with another part5.' to perform this Agreement and/or seek damages including
incidental, consequential and/or special damages to the full extent allowed by law'.
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No Waiver. Failure by Ci~' to seek any remedy for any default hereunder shall not
constitute a waiver of any other rights hereunder or any right to seek any remedy for
any subsequent default.
16.
TE1LMINATION. Either part)' may terminate this Agreement with or without cause by
providing 10 days notice in wxiting to the other part3,'. The City ma3' terminate this
Agreement at any time without prior notice in the event that Contractor commits a material
breach of the terms of this Agreement. Upon termination, this Agreement shall become of
no further force or effect whatsoever and each of the parties hereto shall be relieved and
discharged herefrom, subject to payment for acceptable services rendered prior to the
expiration of the notice of termination. Notwithstanding the foregoing, the provisions of
this Agreement concerning retention of records, City's rights to material produced,
confidential information, contractor's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive termination of this
Agreement.
17.
DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute
or claim arising under this Agreement. If the parties fail to resolve such disputes or claims,
they shall submit them to nonbinding mediation in California at shared expense of the
parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the evem any dispute
resolution processes are involved, each part)., shall bear its own costs and attorneys fees.
18.
LITIGATION. If any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys' fees and costs.
19.
JURISDICTION AND SEVERABILITY. This Agreemem shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising from
this Agreement shall be in that state and venue shall be in Santa Clara Count),, California.
If any part of this Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the remainder of this
Agreement shall be in full force and effect.
20.
NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this Agreement be supplemented or continued by Contractor
under a new agreement following expiration or termination of this Agreement. Contractor
waives all rights or claims to notice or hearing respecting any failure by City to continue to
request or retain all or any portion of the work product from Contractor following the
expiration or termination of this Agreement.
21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
O:\Alex\Libra~.- Expansion\Contracts',ArchitectContract.doc
20 of 24
22.
WAIVER. Neither the acceptance of work or payment for work pursuant to this
Agreement shall constitute a waiver of any rights or obligations arising under this
Agreement. The failure by the Cit)' to enforce any of Contractor's obligations or to exercise
Cit3"s rights shall in no event be deemed a waiver of the right to do so thereafter.
05,Alex\Library Expansion\Contracts\ArchitectContract.doc
21 of 24
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the space before the requirement apply to Contractor's Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide Certificates of Insurance complete with copies of all required
endorsements to: Administrative Services Officer, CiD' of Saratog& 13777 Fruitvale Avenue,
Saratoga, CA 95070.
Contractor shall furnish City with copies of original endorsements affecting coverage required by
this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements and certificates are to be received and approved by CiD'
before work commences. City has the right to require Contractor's insurer to provide complete, .
certified copies of all required insurance policies, including endorsements affecting the coverage
required by these specifications.
X Commercial General/Business Liability Insurance with coverage as indicated:
X
$1,000,000 per occurrence/S2,000,000 aggregate
property damage
$2,000,000 per occurrence/S2,000,000 aggregate
property damage
$2,000,000 per occurrence bodily injury/$
damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the standard ISO Form wording for "OTHER INSURANCE", or other
comparable wording, is not contained in Contractor's liability insurance policy, an
endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents
or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it.
limits for bodily injury and
limits for bodily injury and
per occurrence property
X Auto Liability Insurance with coverage as indicated:
X
$1,000,000 combined single limit for bodily injury and property damage
$ per person/$ per accident for bodily injury
$ per occurrence for propert?-' damage
$ 500,000 combined single limit for bodily injury and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
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X Professional/Errors and Omissions Liability with coverage as indicated:
X
$1,000,000 per loss/$2,000,000 aggregate
$5,000,000 per loss/$5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liabili~' coverage for a period
of three years after the expiration of this Agreement. Contractor may satisfy this
requirement by renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said three year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liabilit5'
The Employer's LiabiliB' policy shall be endorsed to waive any right of subrogation as
respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of the California
'Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which require eve~, employer to
be insured against liability for workers' compensation or to Undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
X Additional Insured EndOrsement(s) for Commercial General/Business Liability coverage
naming the CiB, of'Saratoga, its officers, employees and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10)
X
The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days
notice for non-payment of premium). NOTE: the following words must be crossed out or
deleted from the standard cancellation clause: "... endeavor to..." AND "... but failure
to mail such notice shall impose no obligation or liability of any kind upon the company,
its agents or representatives."
All subcontractors used must comply with the above requirements except as noted below:
As to all of the checked insurance requirements above, the following shall apply:
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ao
do
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Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved bv the CID,. At the option of the City, either (1) thc
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its officers, officials and employees; or (2) the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
CiD· as Additional Insured. The CID', its officers, officials, employees and volunteers are
to be covered as insureds as respects: liabiliD' arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall contain no special limitations on the scope
of the protection afforded to the CID,, its officers, officials, employees or volunteers.
Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
°
Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the CID:, its officers, officials, employees or volunteers.
The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability. -
Coverage shall not be suspended, voided, canceled by either part5', reduced in
coverage or in limits except after thin5' (30) days' prior wxitten notice by certified
mail, return receipt requested, has been given to the CID,.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VII.
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EXHIBIT
ON BSA ARCHITECTS LETTEHEAD
[Date]
Mark Schatz
Field Paoli Architects
1045 Sansome Street
San Francisco. California
City of Saratoga
13777 Fruitvale Avenue
Saratoga, Calilbmia
RE: Saratoga Branch Libraw Project
Dear [Names]:
This is to advise you that the Schematic Design Phase for the above referenced project has been
completed bx- BSA Architects. BSA has transferred all drawings, specifications, and other
documents for the project to Field Paoli, whether in hard copy or electronic format, and will
cooperate in any way necessary for the smooth transition of this project Field Paoli.
Sincereh'.
ACKNO~3, LEDGED.
ACKNOWLEDGED:
[name]
City of Saratoga
DOCS Z8000-800 413662 V 1
Mark Schatz,
Field Paoli Architects
EXHIBIT 2
SARATOGA CITY COUNCIL
MEETING DATE: November 1, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Sen'ices CITY MANAGER:
PREPARED BY:
SUBJECT: Methodolo~' for Competitive SalaD' Survey
RECOMMENDED ACTION(S):
Accept Geoffrev L. Rothman and Associates' (Rothman) methodology and identification of eight
comparable cities. Authorize Rothman and Associates to commence with the competitive salary
sun, ex'.
REPORT SUMMARY:
On October 4. 2000, the City Council authorized staff to retain Rothman to identify eight to ten
comparable cities and to perform a competitive salary survey using those cities. The study was to
provide a universe of comparable cities, an appropriate level and elements of compensation to
survey, and a standard for making classification matches. Rothman evaluated a number of local
cities based on population, proximity to Saratoga (both in terms of distance and commute time)
and size and/or form of government, and concluded that the following eight cities represent the
best universe to survey to attain statistically meaningful data:
Los Altos Los Gatos
Menlo Park Morgan Hill
San Carlos Campbell
Cupertino Newark
Rothman's survev methodology issues and recommendations are included at Attachment A.
FISCAL IMPACTS:
$5.000 was approved by City Council for this study. Staffwill return during the mid-year budget
adjustments in January 2001 if increased appropriations are necessary to pay for salaD'
adjustments.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Consultant will need to expend additional hours evaluating alternative methodology and the
actual survey will be postponed. Consultant indicated that survey' should begin prior to the
Thanksgiving holiday to avoid delays in attaining comparative information.
ALTERNATIVE ACTION(S):
Direct the City Manager to return to the City? Council with proposed methodology developed by
staff.
FOLLOW UP ACTION(S):
Initiate the salaD' survey and return to the City Council in January 2001 with a mid-year budget
adjustment.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
Geoffrey L Rothman & Associates Survey Methodology Issues and Recommendations
2 of 2
City of SaratoRa - Salary Survey
Survey Methodology Issues and Recommendations
The majority of public sector and many p~ivate sector employers routinely
conduct compensation surveys. The purpose of these surveys is to generate
information that can help inform policy makers, employees, labor organizations,
and others with regard to an employer's position in a particular labor market.
Compensation Objectives
The most common organizational objectives for a compensation program are to
ensure the ongoing ability to recruit and retain well-qualified candidates and
employees, and to reward and incentivize employee behavior that helps achieve
organizational purposes. An employer must have information about the
compensation programs offered by competitors in order to ensure that they have
positioned themselves consistent with their pay philosophy.
Compensation Philosophy
Most employers have an explicit of implicit compensation philosophy. That is,
they have actively selected a position in the market or they have reached a
position through processes over which they may not directly control (arbitration or
litigation awards). A compensation philosophy almost always includes a definition
of the position that an employer wishes to maintain in a market. For instance, an
employer may elect to be at the mean of the market, or they may elect to be in
the third quartile of the market, or they may elect to take a numbered position in a
market, such as number three or number one.
In order to confirm that an employer is at a particular market position,
compensation studies are conducted. In order to conduct the surveys three key
factors must be defined including:
Where to survey- This factor considers the geographical area that defines the
limits of the survey. Ideally a survey should cover the area in which the employer
typically recruits and in which employees typically reside. A survey which
considers only employers in an artificially defined area such as a political entity
(e.g. county) may exclude a city which is nearer than others in the county, but
which is outside of the political boundary. Similarly, the use of a large area
defined as a single economic market (CMSA) may overstate the employers
market, including organizations that are not direct competitors for a defined labor
pool.
CiD' of Saratoga SalaD' Survey Methodology and Recommendations
Who to survey- This factor deals with the selection of organizations within the
appropriate geographical area to include in a survey (type of business, size,
budget, number of employees, etc.) and jobs or classes to use for comparison.
Because of a variety of organization differences (e.g. organization of programs,
levels and scope of supervision and management) it is best to survey
organizations of similar size, which provide similar services to similar size
populations. It is also critical to match only those jobs that are similar in duties
and minimum qualifications to the employers survey class.
What to survey- This factor considers which elements of compensation to
include in a survey. Although there are a vast number of compensation elements
that can be surveyed (e.g. salary, insurance, paid timeoff), the most useful
information in a limited scope survey addresses salary, typically 60-70% of total
compensation, and the employers payment of the employees contribution to
mandatory retirement programs (e.g. PERS), typically 7% for non-public safety
employees.
Recommended Survey Universe
This consultant evaluated a number of employers based on the following
characteristics and recommends the cities listed below for'the survey universe
Population - the State Department of Finance reports that, as of 1997,
the population of Saratoga was 30,600. Appropriate survey cities and
counties will have similar populations. In this survey, prospective cities
were chosen in the population range 25,600 to 55,500. This approach
favored cities with higher populations than Saratoga (seven are smaller,
and twelve are larger). This bias reflects the likelihood that substantially
smaller cities tend to have very small numbers of non-public safety
employees, causing difficulties in the matching of jobs and organizational
structures as discussed elsewhere in this report. '
Proximity to Saratoga - following conversations with city staff it was
concluded that most applicants and current employees reside within a 30-
60 minute commute of Saratoga. Because of current commute patterns
and traffic congestion on the Peninsula, this commute and applicant
pattern suggests a survey universe to a radius of approximately 40-50
actual highway miles.
Size and/or form of government - the best survey matches will be
nearby cities of similar size that provide similar services. Although large
public agencies, such as San Jose or Santa Clara county, may be
significant in the market place because of their size they tend use more
layered classification systems in response to organizational needs, which
tends to make accurate matches to smaller organizations difficult. Public
Ci~' of Saratoga Salad~ Survey Methodology and Recommendations
agencies such as special districts tend to have greater taxing capacity with
fewer demands, and tend not to be good comparisons.
It should be noted that because Saratoga does not provide direct public
safety services, most local cities will not match exactly.
Other factors - there are numerous other factors which could be used in
a survey universe, including per capita tax revenues,
residential/commercial mix, etc. While each of these factors tends to be
valuable, the selection of a survey universe should be transparent and
rationale, and possible within the project budget.
It is recommended that the following cities serve as a starting point from which to
select a survey universe. These cities have populations no more than
approximately 25,600 above or 5,000 below Saratoga. All are within a 50
mile/one hour commute radius. In addition to showing population, commute
distance and commute time, the chart also indicates which cities are in the top
eight positions on each measure.
City
Population
(1997)
Commute
Distance to
Saratoga
Burlingame 28,550 36 miles
Campbell
Commute
Time to
Saratoga
8 closest
population
8 closest
distance
8 closest
commute
time
34 minutes X
39,300 7 miles 10 minutes X X
Cupertino 44,800 6 miles 8 minutes X X
Foster City 29,750 31 miles 31 minutes X
35,250 35 minutes X
Gilroy
Los Altos
Los Gatos
28,4OO
36 miles
10 miles
14 minutes X X X
29,700 7 miles 11 minutes ~ X X X
Menlo Park 30,550 18 miles 20 minutes " X X X
Morgan Hill 30.800 26 miles 25 minutes X X X
Newark 40,450 27 miles 29 minutes
Pacifica 39.650 48 miles 45 minutes
San Bruno 40,800 38 miles ~ 35 minutes
San Carlos 28,050 26 miles i 28 minutes X X X
Santa Cruz 53,200 28 miles ' 33 minutes
Distance and travel time derived from MapQuest website.
CiD' of Saratoga Salary Survey Methodology and Recommendations
Based on the chart above, the cities which are in the top eight on all three
elements include
Los Altos
Los Gatos
Menlo Park
Morgan Hill
San Carlos
Based on the chart above, the cities which are in the top eight on two elements
include
Campbell
Cupertino
Newark
Based on the chart above, the cities which are in the top eight on one element
include
Burlingame
Foster City
Gilroy
All of the remaining cities were below the top eight on all three elements.
It is recommended that, based on the evaluation of the three factors the cities in
the top two groups be the survey universe for this study. This approach
produces a universe of eight cities, which is sufficient to generate statistically
meaningful information.
Selection of compensation elements
As noted above, although many compensation elements can be surveyed, salary
and retirement contributions generally represent 70-80% of compensation, and
provide a good comparative picture. It should be noted that most surveys report
and give most consideration to maximum salaries. This is because most
employees reach maximum salary in short time frames, and most employees
expect to reach maximum salary. Typically, recruitment efforts focus on
maximum salary, not on the much lower starting salaries. Consequently, it is
recommended that the survey report only maximum salaries, and provide
comparative evaluation based on those rates.
Ci~: of Saratoga SalaD' Survey Methodology and Recommendations
Selection of appropriate classifications
In most cases classification matches are self-explanatory and straightforward,
relying on the official class description to ensure correct matching. In some
cases Saratoga and other agencies maintain deep or flexible classes. Where
there are multiple classes in a series it is recommended that the match classes
be those closest to or at the journey level. This level is usually easiest to match
and most accurately reflects use and compensation of the occupational group.
Conclusions
The discussion and recommendations above provide a universe of comparable
cities, appropriate level and elements of compensation to survey, and a standard
for making classification matches.
City of Saratoga SalaD' Survey: Methodology and Recommendations