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Home My WebLink About12-01-2004 City Council Agenda Packet~-' AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL DECEMBER 1, 2004 SPECIAL MEETING - 6:00 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 November 24, 2004) NEW BUSINESS Remarks from outgoing Mayor -Ann Waltonsmith 2. Remarks from outgoing Councilmember Stan Bogosian 3. Presentation to Councilmember Stan Bogosian 4. Approve resolution declaring Official Canvass of Ballots from Registraz of Voters in regards to Measure U and Measure V Recommended action: Adopt resolution. Certification for November 2, 2004 General Municipal Election results and Canvas of returns form the County Registraz of Voters for Council Candidates Recommended action: Adopt resolution and direct the City Clerk to Administer the Oath of Office to the new Councilmembers. ADJOURN THE PUBLIC IS INVITED TO A SHORT RECEPTION IN THE THEATER LOBBY AT 6:30 P.M. TO HONOR THE OUTGOING AND INCOMING CITY COUNCIL MEMBERS. a. O U w .., x SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 ORIGINATING DEPT;City PREPARED BY: DEPT HEAD: SUBJECT: Approve resolution declaring Official Canvass of Ballots from Registrar of Voters in regards to Measure U and Measure V RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: This report reflects the official results of the November 2, 2004 General Municipal Election for Ballot Measure U & V. The Santa Clara Registrar of Voters completed the official canvass of returns and has certified the votes cast. The City Council is required to declare the results of the election by resolution. ADVISORY VOTE ONLY Measure U This is anon-binding advisory measure asking Sazatoga voters' preferences in funding City This measure does not limit the services YES 7,718 55.92% . authority of the City Council to spend tax revenues on general municipal services. Should NO the City of Saratoga use funds generated by a 6,083 utility user tax primarily for repair, maintenance, 44.08% and improvement of City infrastructure (including streets, bridges, sidewalks, medians, buildings, storm drains, and parks), and to maintain or improve current levels of ublic safet ? Measure V Shall the City of Saratoga adopt an ordinance imposing a 4% tax on users of telephone, and video services for water gas electricity YES 2,919 20.08% , , , general revenue purposes that will sunset ten years from its effective date? NO AGENDA ITEM: Office CITY 11,617 79.92% FISCAL IMPACTS: The final cost of the General Municipal Election for placing Measure U & V has yet to be determined by the Registraz of Voters. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The results for Measure U &V would not be certified and results would be invalid. __ ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to send certified copy of resolution to the Secretary of State, Registraz of Voters and the Boazd of Supervisor. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Resolution Attachment B -Certificate of Election Results (to be delivered on December 1, 2004) Attachment C -Precinct Report (to be delivered on December 1, 2004) RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF MEASURE U AND MEASURE V WHEREAS, a General Municipal Election for members of the City Council of the City of Saratoga was conducted on November 2, 2004; and ___ _ _ __ WHEREAS, the results of that election are duly certified by the Santa Claza County Registrar of Voters, a copy of the official canvass of ballots cast in the election being attached hereto as Exhibit A; and WHEREAS, the City Council now meets to declare the results of the canvass of ballots; and NOW, THEREFORE, BE IT RESOLVED, that the City of Sazatoga hereby declares the following: ADVISORY VOTE ONLY Measure U This is anon-binding advisory measure asking Saratoga voters' preferences in funding City This measure does not limit the services YES 7,718 55.92% . authority of the City Council to spend tax revenues on general municipal services. Should NO the City of Saratoga use funds generated by a 6,083 utility user tax primarily for repair, maintenance, 44.08% and improvement of City infrastructure (including streets, bridges, sidewalks, medians, buildings, storm drains, and parks), and to maintain or improve current levels of ublic safe ? Measure V Shall the City of Saratoga adopt an ordinance imposing a 4% tax on users of telephone, water, and video services for gas electricity YES 2,919 20.08% , , general revenue purposes that will sunset ten yeazs from its effective date? NO 11,617 79.92% BE IT FURTHER RESOLVED, that the City Council determines the results of the election to be as shown on Exhibit A attached to and made part of this resolution, and that the City Clerk is directed to enter these results in the official records of the City of Sazatoga. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 15i day of December, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ann Waltonsmith, Mayor Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 AGENDA ITEM: S ~ `~ ORIGINATING DEPT: City Manager CITY MANAGE PREPARED BY: DEPT HEAD: SUBJECT: Certification of November 2, 2004 General Municipal Election Results and Canvas of Returns from the County Registrar of Voters for Council Candidates RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: This report reflects the official results of the November 2, 2004 General Municipal Election For City Councilmembers. The Santa Clara Registraz of Voters completed the official canvass of returns and has certified the votes cast. The City Council is required to declare the results of the election by resolution. CANDIDATE VOTES PERCENT Aileen Kao 7,905 35.16% Ann Waltonsmith 7,460 33.18% Andrew A. Bames 7,121 31.67% FISCAL IMPACTS: The final cost of the General Municipal Election for three candidates on the ballot has yet to be detennined by the Registraz of Voters. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The General Municipal Election would not be certified and results would be invalid. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to send certified copy of resolution to the Secretary of State, Registrar of Voters and the Boazd of Supervisor. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Resolution Attachment B -Certificate of Election Results (to be delivered on December 1, 2004) Attachment C -Precinct Report (to be delivered on December 1, 2004) RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF MEMBERS TO THE CITY COUNCIL OF NOVEMBER 2, 2004 WHEREAS, a General Municipal Election for members of the City Council of the City of Sazatoga was conducted on November 2, 2004; and WHEREAS, the results of that election are duly certified by the Santa Clara County Registrar of Voters, a copy of the official canvass of ballots cast in the election being attached hereto as Exhibit A; and WHEREAS, the City Council now meets to declaze the results of the canvass of ballots; and NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga hereby declazes elected to full terms of office the following members of the City Council: Aileen Kao Ann Waltonsmith BE IT FURTHER RESOLVED, that the City Council determines the results of the election to be as shown on Exhibit A attached to and made part of this resolution, and that the City Clerk is directed to enter these results in the official records of the City of Saratoga. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 1 s` day of December, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk AGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 1, 2004 REGULAR MEETING -7:15 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE 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 November 24, 2004) 1. Reorganization of City Council. Recommended action: Elect Mayor and Vice Mayor. 1. City Manager declares the offices of Mayor and Vice Mayor to be vacant 2. Election of the Mayor 3. Election ofthe Vice Mayor 2. Remarks from new Mayor, Vice Mayor, and Councilmembers COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City 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 The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendations from Boards and Commissions requiring City Council approval are considered as independent agenda items. Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 3. Sheriff s Office Quarterly Report Recommended action: Informational only. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in ane motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 4A. Approval of City Council Minutes -October 20, 2004 Recommended action: Approve minutes. 4B. Review of Check Register Recommended action: Approve check register. 4C. California Public Employee's Retirement System Annual Valuation Report as of June 30, 2003 Recommended action: Accept report. 4D. Supplemental Law Enforcement Services Funds (SLESF) Recommended action: Adopt resolution authorizing continued use of funds. 4E. Resolution Authorizing the Destruction of Certain City Records Recommended action: Adopt resolution. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total often minutes maximum for 11 opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total off:ve minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting. City Council Appeal of a Planning Commission Decision related to the Approval of a Conditional Use permit Allowing the California Farmer's Mazket Association Recommended action: Conduct public hearing; Adopt resolution amending the conditions the Planning Commission placed in the Conditional Use Permit and approve the Conditional Use Permit application with conditions. OLD BUSINESS None NEW BUSINESS 6. Code Enforcement Position Vacancy Recommended action: Accept report and direct staff accordingly. 7. Request for Council Agency Assignments and Adhoc Committees Preferences Recommended action: Informational only. 8. Master Meeting Calendaz Recommended action: Approve 2005 Calendaz. 9. Request for City Council Retreat Topics Recommended action: Informational only. CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT TO CLOSED SESSION CLOSED SESSION -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS 4 CLOSED SESSION J Conference with Leaal Counsel -Initiation of litigation (Gov't Code 54956.9(c): (1 potential case) Conference With Leal Counsel - Existine Litieation: (Government Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03-57342-JRG 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 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on November 14, 2004 at the o,/fice of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 24`" day of November 2004 at Saratoga, California. Cathleen Boyer, CMC City Clerk ~/ SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 ORIGINATING DEPT: City Manager's O e PREPARED BY: Cathleen Boyer, Clerk AGENDA ITEM: CITY MANAGE DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regulaz Meeting -October 20, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes October 20, 2004 MINUTES SARATOGA CITY COUNCIL OCTOBER 20, 2004 Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick _Streit, Vice Mayor Kathleen King, _ __ __ Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 20, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 20, 2004 was properly posted on October 15, 2004. Mayor Waltonsmith noted that item 3 under New Business has been pulled off tonight's agenda. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Citizen Ray provided an update on the Highway 9 improvements. Richard Allen noted that he was the Chair of the Finance Commission, a member of the Revenue Review Committee and a member of the Save Sazatoga Committee. Mr. Allen stated that this evening he was speaking as a citizen of Saratoga. Mr. Allen urged the citizens of Saratoga to support Measure U and Measure V on the November 2, 2004 ballot. Mr. Allen thanked the other members of the Revenue Review Committee and the City Council. Jeff Swartz stated that he was a Trustee on the West Valley College Board. Mr. Swartz thanked the Council for educating the community about the City's budget shortfalls. Mr. Swartz thanked the Council and volunteers behind Measure U & Measure V and urged the community to support the Measures on November 2, 2004. Doug Robertson urged the community to support Measure U and Measure V. COMMUNICATIONS FROM COMMISSIONS ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATIONS HONORING OUTGOING LIBRARY COMMISSIONERS CATHY FOSCATO, DON JOHNSON, AND MARCIA -_ MANZO - -- - __ _ __ STAFF RECOMMENDATION: Present commendations. Mayor Waltonsmith presented a commendation to Marcia Manzo. Mayor Waltonsmith noted that Don Johnson and Cathy Foscato were unable to attend tonight's meeting. 1B. PROCLAMATION DECLARING THE WEEK OF OCTOBER 17-23, 2004 AS "TEEN READ WEEK" STAFF RECOMMENDATION: Present Proclamation. Mayor Waltonsmith read the proclamation and presented it to two student volunteers from the Sazatoga Library and a member of the Sazatoga Library staff. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -SEPTEMBER 30, 2004 STAFF RECOMMENDATION: Approve minutes. KLINEBOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES AS AMENDED FROM SEPTEMBER 30.2004. MOTION PASSED 5-0. 2B APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINEBOGOSIAN MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. RESOLUTION AUTHORIZING INVESTMENT IN THE LOCAL AGENCY INVESTMENT FUND (LATE) AND DESIGNATING THE POSITIONS WITH AUTHORITY TO WITHDRAW OR DEPOSIT MONIES IN LAIF STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-083 BOGOSIAN/STREIT MOVED TO ADOPT RESOLUTION AUTHORIZING LAIF AND DEDICATED POSITIONS WITH AUTHORITY TO WITHDRAW ON DEPOSIT MONIES IN LAIF. MOTION PASSED 5-0. 2D. CONFIRMATION AND APPOINTMENT OF ADMINISTRATOR SERVICES DIRECTOR STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-085 Mayor Waltonsmith requested that this item be removed form the Consent Calendar. Mayor Waltonsmith invited the new Administrative Services Director to the podium for a formal introduction. STREIT/KLINE MOVED TO ADOPT RESOLUTION APPOINTING MICHELE BRAUCHT AS THE NEW ADMINISTRATIVE SERVICES DIRECTOR. MOTION PASSED 5-0. 2E MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARHING & DUMPING AT THE SOUTHERLY CORNER OF AUSTIN WAY AND HIGHWAY 9 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: MV-243 STREIT/KLINE MOVED TO ADOPT MOTOR VEHICLE (MVl RESOLUTION PROHIBITING PARHING & DUMPING AT THE SOUTHERLY CORNER OF AUSTIN WAY AND HIGHWAY 9. MOTION PASSED 5-0. 2F. 2003 PAVEMENT MANAGEMENT PROGRAM -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. KLINEBOGOSIAN MOVED TO ACCEPT NOTICE OF COMPLETION FOR THE 2003 PAVEMENT MANAGEMENT PROGRAM. MOTION PASSED 5-0. 2G. CITYWIDE SIGNAL UPGRADE PROJECT -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. KLINE/BOGOSIAN MOVED TO ACCEPT NOTICE OF COMPLETION FOR THE CITYWIDE SIGNAL UPGRADE PROJECT. MOTION PASSED __ 2H. RESOLUTION ENDORSING ALL FIRE STATIONS IN SANTA CLARA COUNTY AS "SAVE SURRENDER" SITES STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-087 KLINE/STREIT MOVED TO ADOPT RESOLUTION ENDORSING ALL FIRE STATIONS IN SANTA CLARA COUNTY AS "SAVE SURRENDER" SITES. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS 3. SCHOOL HOLIDAY TREES FOR VILLAGE TREE LIGHTING CEREMONY STAFF RECOMMENDATION: Accept report and direct staff accordingly. This item was removed from the agenda. 4. DOG OFF-LEASH HOURS/AREAS IN CITY-OWNED PARKS STAFF RECOMMENDATION: Accept report and provide direction to staff pertaining to Options 1 and 2 as listed in report. Cary Bloomquist, Administrative Analyst, presented staff report. 4 Analyst Bloomquist reported that at their October 4, 2004 regular meeting, the Parks and Recreation Commission (PRC) were presented with information by members of the "Friends of Sazatoga Dogs" requesting dog off-leash hours/azeas in City-owned pazks. The Commission forwazded this request to the City Council at their October 6, 2004 regular meeting and requested direction from Council on how to proceed. Members of the "Friends of Saratoga Dogs" also addressed the Council that evening, and presented a petition with over 300 signatures from Saratoga residents supporting their request for off leash hours/areas. The "Friends of Sazatoga Dogs" was recently formed as a direct result of present enforcement ....efforts _of the City's dog ox_dinance_at City_owned parks. Couuncil_instructed Ci~__ staff to agendize this item for discussion this evening. Analyst Bloomquist stated that the City Council and the PRC have discussed the issue of Dog Pazks at different times over the past several months. Lack of a suitable site and budgetary constraints have been hurdles too significant to overcome when looking at Dog Pazks in the past. Analyst Bloomquist described two options: Option 1 The PRC would contact other jurisdictions that offer dog ofF leash hours/azeas in their parks and gather information pertaining to the opportunities and constraints it presents. This task would be delegated by the PRC to the Dog Park Task Force, with regulaz monthly updates by the Task Force to the PRC until such time as they aze ready to present to the Council. During this time 1-2 public input meetings would be held to gather information. Oation 2 Designate an azea at a City pazk as the site for 1-3 month trail period for off-leash hours. Public notice of the area around the pazk would occur, along with a public hearing at City Council to amend the existing City ordinance pertaining to dogs off-leash in City owned parks. Azule Pazk may be a desirable test site because a majority of the petitions presented to Council originated from the azeas surrounding this pazk. Tom Barbaro, Saratoga resident and member of the Friends of Saratoga Dogs, stated that he supported off leash dog areas/hours in City pazks. Mr. Bazbazo stated the following: • 6,000 dogs in Saratoga • Off leash hours and exercise is good for the dogs and owners • No facility in Sazatoga is designated for this type of use • Requested 1-2 hours of off leash ours in a designated City pazk • Self policing by user group Stan Levy noted that the City doesn't need to develop new areas for off leash hours, but utilize current facilities in the City. Mr. Levy stated that at the dog parks he has visited in the past he has never seen aggressive dog behavior. Mr. Levy stated pet owners clean up after themselves and help watch the other dogs in the parks. Mr. Levy urged the Council to go forward with the public hearing process. 5 George Miller noted that he has lived in Saratoga for 37 yeazs and fully supports the idea of a dog pazk in Saratoga. Consensus of the City Council to direct the PRC to work with the Friends of Saratoga Dogs, the Sheriff s Office, and neighborhood groups to investigate a trial period of off leash dog hours and report back to Council in three months. 5. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 2002 RESOURCES BOND ACT (PROPOSITION 40) --YOUT'H~OCCER_GRANT PROGRAM AND_HEALTHY COMMUNITIES GRANT PROGRAM; AUTHORIZATION TO PROCEED WITH GRANT APPLICATIONS AND APPROVAL OF GRANT RESOLUTION STAFF RECOMMENDATION: Authorize staff to proceed with the Grant Applications; adopt resolutions. RESOLUTION: 04-086 Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated that the City has an opportunity to apply for two competitive grant programs for pazk improvements that may otherwise go unmet. Analyst Bloomquist described the two grants as follows: Grant Program Project Description Estimated Project Costs Local Match Deadline to Apply Youth Soccer "Sand Channel" $200,000 Not 11/05/04 field drainage mandatory but improvements at highly Congress Springs recommended Pazk Healthy Addition of one $100,000 Yes, 25% of 11/005/04 Community tennis court at project costs Azule Park A discussion took place amongst the City Council in regards to the additional tennis court at Azule Pazk. Consensus of the City Council to oppose supporting the Healthy Communities Grant application. BOGOSIAN/STREIT MOVED TO AUTHORIZE STAFF TO PROCEED WITH GRANT APPLICATION FOR THE YOUTH SOCCER GRANT PROGRAM AND ADOPT RESOLUTION AUTHORIZING THE SAME. MOTION PASSED 5-0. 6. GRAND JURY REPORT CONCERNING THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) STAFF RECOMMENDATION: Accept report and provide direction regarding a response to the Grand Jury Report -Inquiry into the Board Structure and Financial Management of the (VTA). John Cherbone, Public Works Director, presented staff report. Director Cherbone stated that eazlier this year the 2003-2004 Santa Clara Civil Grant Jury issues a Final Report inquiring into the Boazd Structure and Financial Management of the Valley Transportation Authority (VTA). On October 15, 2004, the City received a letter from Michael A. Smith, Grand Jury Foreman, which stated that the City must immediately provide a response to the Grand Jury report. Director Cherbone stated that Grand Jury reports have a specific format to follow: 1. Fos_each Finding_in thereport it s_required to "Agree" or "Disagree", If you disagree, in whole or part, you must include an explanation of the reasons you disagree. 2. For each Recommendation it is required to respond with one of four possible Actions: • Action 1: The particular Recommendation(s) have been implemented • Action 2: The particulaz Recommendation(s) have not been implemented, but will be implemented in the future. • Action 3: The particulaz Recommendation(s)require further analysis • Action 4: The particulaz Recommendation(s)will not be implemented, because they aze not warranted or not reasonable. Director Cherbone stated that each of the abovementioned Actions require supporting information or explanation, which staff will include in the response to the Grand Jury. Director Cherbone explained that the Grand Jury concluded with the following three Findings and corresponding recommendations, which aze required a response in the above-described format. Director Cherbone read each Finding and Recommendation form the Grand Jury and asked Council for direction. KI,IhIE/STREIT MOVED TO SUPPORT GRAND JURY FINDING I AND FINDING II IN REGARDS TO THE VALLEY TRANSPORTATION AUTHORITY. MOTION PASSED 5-0. PROPOSAL FOR THE San ANNUAL MUSTARD WALK STAFF RECOMMENDATION: Accept report and direct staff accordingly; adopt resolution. RESOLUTION: 04-084 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that on October 6, 2004 the Rotary Club of Sazatoga submitted the attached proposal under Written Communications for Council consideration. Due to the Brown Act Council could not take any action on the proposal at that time. Staff was directed to bring it back on tonight's agenda City Clerk Boyer explained that the Rotary has requested that the City Council allow the Rotary to sponsor the 3`d Annual Mustazd Walk, waive any permit fees, use of the Warner Hutton House, Heritage Orchazd, and City pazking lot. The Rotary has also requested a monetary contribution of $1000. City Clerk Boyer explained that a contribution of $1,000 could be appropriated out of City Council Contingency. KLINE/KING MOVED TO ADOPT RESOLUTION OF THE CITY _COULYCIL_ _OF THE CITY OF SARATOGA _ __ _ _ AUTHORIZE AN AMENDMENT TO THE 2004-2005 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO SUPPORT THE 3RD ANNUAL MUSTARD WALK MOTION PASSED 5-0 8. PARK RENTAL FEE INFORMATION STAFF RECOMMENDATION: Accept report. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the last City Council meeting Councilmember Bogosian's requested pazk rentals for FY03/04 and revenue collected to date in the current fiscal yeaz. Director Cherbone noted the following: • Pazk rental fees (excluding group use fees) collected in FY03/04 - $12,502 • Park rental fees (excluding group use fees) collected to date in FY 04/04 - $1,725 Mayor Waltonsmith thanked Director Cherbone for the report. COMMISSION ASSIGNMENT REPORTS Vice Mayor King reported the following information: City/School Ad-Hoc Committee -recently met with the Interim Principal at Saratoga High School and two Board members. Discussed forming a Facility AdHoc Committee. CITY COUNCIL ITEMS Vice Mayor King announced that tomorrow night at Villa Montalvo Maxine Hong Kingston would be speaking on her book, which is the first book chosen for "Sazatoga Reads", titled "The Women Warrior". OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 10:30 p.m. Respectfully submitted, Cathleen Boyer, CMC _City Clerk_ ____ 9 SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAG: PREPARED BY_Jaye Tkacte~r DEPT HEAD: _ SUBJECT: Check Registers: 11/18/04 RECOMMENDED ACTION(S): Approve the Check Register. 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. 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N m ry m m r a m a m r mao r uEim rarv 4-+ ^ H°~ am a~ ~ m-r rvn N rv„N r £ W Z ~ wN ON an NO 5rv FN W ~+ ~ •+ 'r fr a0 £O O i 2? U N U N ~ NO N a N N U N NNNN NO N a N N NO o O NO N q ;a0 r Ya Uo o OUO ~o ~o aaoooomo 00o X0 ~o ~ a ~ ~ m s a K 3 3 3 3 X N ~.sa ~r> > i a m ~+ O m m£arOU r o o r N Nn Nm o 4 a p m N o C C m 0 0 0 O /1 G~ N i m U Z~ N O N N C O O O O O mOFrZt ~ P m om o0 mmm mm y y U~~ r O .1 O U O y J O N O n O N O< P P P< <' P C< J P P P O O O m ~U~ W O ~WF ~ ~rvm~UF~ O O H aF Wa MO W WWi~Z za ~~dz u ~w~~ u~ uw~ 00 ~~4G ~~ <a ~~ '. o S WF Wm Z 1 _ N W a w uW 4 a a 0 a 0 0 a e 0 a F .n o U F U F U N 4 ~ U W w U 5 w a U x U X Z q W J4 'L w < a ' a N ~ F Q N a o~~ .a ~a Buz r .. a om °z~ m ~z a m w n 3 0 4 i ~] Li ~ P e0 a ~dF O _ q~;~o M \~~~N~z e ~o wo ~ aa.. '~xz ~~ aau~u SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 ORIGINATING DEPT: Admin. Services PREPARED BY: M. Braucht AGENDA ITEM: CITY MAMA DEPT HEAD: SUBJECT: California Public Employee's Retirement System Annual. Valuation Report as of June 30, 2003 RECOMMENDED ACTION: Accept the report. REPORT SUMMARY: BACKGROUND On an annual basis the City receives a report from the California Public Employee's Retirement System (Ca1PERS) that presents the results of the prior year actuarial calculation for the Miscellaneous Group. The Ca1PERS staff actuaries perform the valuation. Included in each report is confirmation of the current year employer contribution rate, the rate for the next fiscal yeaz, and an estimated rate for the third yeaz out. The basic actuarial assumptions used by Ca1PERS in setting the fiscal yeaz 2005-06 contribution rates were as follows: 1. The inflation assumption was set at 3.0%. 2. The return on investments rate was set at 7.75%. 3. The actuarial value of assets was set to 110% of mazket value DISCUSSION A Ca1PERS member becomes eligible for retirement benefits upon reaching the age of 50 with at least 5 years of credited services (total service across all CaIPERS employers). The benefit factor options for the Miscellaneous Group are: 2.0 % @ 55 • 2.5 % @ 55 • 2.7%@55 • 3.0 % @ 60. The current benefit factor for the City of Saratoga Miscellaneous Group is 2% @ 55. There is a fixed rate and a variable rate chazged on payroll earnings. The fixed rate for the Miscellaneous Group is 7%. There are no contributions made for Social Security benefits for City employees in the Ca1PER's program. According to the annual valuation reports as of June 30, 2003 from Ca1PERS the variable rate for the 2004-OS fiscal year has been confirmed, the 2005-06 rates are provided and the 2006-07 rates are estimated. The following table summarizes these rates, and includes the rates that were paid for prior fiscal years for comparison purposes: Fiscal Year Variable Rate Fixed Rate Total Rate Inc/Dec 2000-01 7.00% 7.0000% 2001=02 2002-03 2003-04 2004-OS 2005-06 2006-07 FISCAL IMPACTS: 7.00% 7.0000% 7.00% 7.0000% 7.00% 7.0000% 4.3500% 7.00% 11.3500% 4.3500% 10.9870% 7.00% 17.9870% 6.6370% 11.3000% 7.00% 18.3000% 0.3130% The 2004-OS fiscal yeaz operating budget was prepazed with the correct Ca1PERS variable rate of 4.35%. The variable rate that has been calculated for the City of Saratoga for the 2005-06 fiscal year is 10.987%, which is 4.187% greater than the 6.8% rate estimated provided by Ca1PERS to the City of Saratoga in September of 2003. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Included rate increase in prepazation of fiscal yeaz 2005-06 operating budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A CC: Finance Commission (electronically) 2 SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 ORIGINATING DEPT: Admin. Services PREPARED BY: M. Braucht AGENDA ITEM: CITY MANAG DEPT HEAD: ~~~ D~~ SUBJECT: Supplemental Law Enforcement Services Funds. (SLESF) RECOMMENDED ACTION: Adopt resolution authorizing the continued use of Supplemental Law Enforcement Funds as a source of funds for additional public safety services. REPORT SUMMARY: Pursuant to Assembly Bill No. 2885, Citizen's Option for Public Safety (COPS), the State of California distributes $242,600,000 a year in funding to criminal justice agencies throughout California. In FY 2004-OS the County of Santa Claza received a total of $8,824,460, of which $3,061,013 was allocated for front-line enforcement. The City of Saratoga received $100,000. Funds from this program cannot supplant existing funding and aze to be used for personnel and/or equipment. On an annual basis the spending plan of the City must be submitted to the local Supplemental Law Enforcement Oversight Committee for review and certification. FISCAL IMPACTS: For fiscal year 2004-OS the City of Saratoga has allocated the $100,000 towards supplemental patrol officers provided by Santa Clara County Sheriffs Office. The contract with the Santa Claza County Sheriff s Office for fiscal year 2004-OS includes 5,831.90 supplemental hours at a cost to the City of $669,771. The $100,000 pays for 15% of that portion of the contract price. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would become ineligible for the $100,000 in Supplemental Law Enforcement Funding. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Direct the City Clerk to send a copy of the report; a certified copy of the resolution; and the Supplemental Law Enforcement Form, to the County of Santa Claza, Office of the District Attorney. Page 1 of 4 ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -.Resolution Attachment B -Supplemental Law Enforcement Form CC: Finance Commission (electronically) Captain Hirokawa (electronically -John Hirokawana sho.co.santa-claza.ca.us) __ _. Page 2 of 4 ATTACHMENT - A RESIOLUTION NO. A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPORTING THE USE OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN AS "COPS" FOR FISCAL YEAR 2004-OS WHEREAS, the State of California has made additional funding available to supplement Cityfunds for front line municipal public safety services, -- WHEREAS, the City of Sazatoga has determined the best use of the COPS funds is to improve public safety with supplemental patrol officer hours; WHEREAS, the City of Sazatoga is required to report planned use of such funds to the County of Santa Clara, Office of the District Attorney annually; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sazatoga hereby resolves to approve the use of the $100,000 available from the Supplemental Law Enforcement Services Fund for supplemental patrol officer hours; AND BE IT FURTHER RESOLVED, that the City Council wishes to notify the District Attorney's Office of their approved spending plan by copy of this resolution. The above and foregoing resolution was passed and adopted at a regular meeting of the Sazatoga City Council held on the I51 day of December 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Cathleen Boyer, City Clerk Page 3 of 4 ATTACHMENT - B Supplemental Law Enforcement Standardized Forms Oversight Committee Summary For the FiscaiYear End June 30, 2005 Citv of Saratoea Beginning Fund Balance __ - - RE~'EN~3E State Funding Interest Revenue Other Revenue Total Revenue Salazies & Benefits Services & Supplies Equipment Administrative Overhead Total Expenditure Revenue over/(under) Expenditures Ending Fund Balance STATISTICAL DATA Positions• Sworn Officers (2,080 hours = 1 FTE) Correctional Officers Prosecutors Investigators Support Staff Total Positions $ 00.00 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ - $00.00 0.42 0.42 Footnote from Sheriffs Contract # of Hours Rate Total Cost Supplemental Patrol Hours -Days 3,831.90 $114.15 $437,411.39 Supplemental Patrol Hours-Night 2,000.00 $116.18 $232,360.00 5,831.90 $669,771.39 Page 4 of 4 SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Cathleen Boyer, ity Clerk AGENDA ITEM: ~ `- CITY MANAGE ~ ` G~ DEPT HEAD: SUBJECT: Resolution Authorizing the Destruction of Certain City Records RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: In accordance with the City's established retention schedule, attached is a resolution authorizing the destruction of certain records in the Administrative Services Deparhnent as listed in Exhibit A. Upon adoption of the resolution, the records will be destroyed. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Records will not be destroyed. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Exhibit A Attachment B -Resolution r 0 o+ Ol N N N N 07 O O) Q) O) O) Q1 N 01 ~~ N N N N S W V O) O) N 01 ~1 O W CJ~ 00 V OD f0 O .. W A A A~ W O D~oC>mD DmD W DDVDwDmwDn DDO OaoDmD ~ 0 x o coo ~ c°~ n m o o ~~~~'om(ny~T~m m w =G7v mm and m o`m 3 N N ~' OO OO F O •3~• C01 ~ O O N O O UI a~ O O O T O. ~ f0 'O ~ p 0 0~~ N W W N N N j. 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(~~~m~s~~o~rpryr v ~mco' ~vv~~~c~~ y (~~ ~ 7~ 0~ R~ N N ~~ ~ O L O T Z fD n (') ~ J 7 L y m OD f0 C V Q ~ M d d (O O O d W .77 00 `< ~y y V N N ~ f0 Cn~LZOC ~ .~ 'p n d C Q~ ~ 7 j ry v fn d0 C N~~ 7 j~ O. < C O {p ~ m m n rn~ 3 m m o~ m~ ~ m my ~ ~ nom m ~,~ ~°Dac`OO~mar~ ay ~'~o~o~m d ~c0 nCLmc m N O~cu ~ ~~.o~o ~~nnD v ~~ mnJs DOm~ o ao ~_- d ~m ~Zpy ~ ° d m ~ ~ m x<c ~H~ _W D 7 ~ ~ ~ N O O u, 3~ m~N ~ A cD ~ OD ~ V O ~ Z ~ ~ ~ ~ O1 N ` N N` N' N N LJ N O A N N N N N J J ~ j ~ j ~ O W m QI , N W~ O) W~ N,~ ~ W , "'.000 0 ~p~ 0 00 ` N O O O O O N N Q O~ W 0 O O N W W W pp W A W A W W W W A f O RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE DESTRUCTION OF .CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, 6ooTcs or paper aftar~tte same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Sazatoga hereby resolves as follows: That it does hereby authorize the department heads to destroy those certain records, documents, instruments, books or paper under their charge as described in Exhibit `A'. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the ls` day of December, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 AGENDA ITEM: ~_ ORIGINATING DEPT: City Council CITY MANAGE ~ P-REPARED BY: _ Shomas Sullivan, AICP DEPT HEAD: _ SUBJECT: City Council Appeal of a Planning Commission action related to the approval of a Conditional Use Permit allowing the California Farmers' Market Association RECOMMENDED ACTION: Amend the conditions the Planning Commission placed on the Conditional Use Permit and approve the Conditional Use Permit application with conditions by adopting the Resolution attached to this staff report. REPORT SUMMARY: The applicant is requesting a Conditional Use Permit allowing the California Farmers' Market Association to continue holding the Saratoga Farmers' Market on the parking lot area adjacent to Herriman Avenue at Saratoga High School, Saturdays year round. The previous Use Permit, #98-005, expired on Apri103, 2004. The Planning Commission modified the approval the application in the following manner: Limited the number of vendors to 40 agricultural and 16 non-agricultural • Cleanup to be concluded no later than 2:30 p.m. • Any music will be limited to the hours of 10 a.m. and closing, amplified music is prohibited. The County Agricultural Commission certifies a Certified Farmers' Market where consumers purchase fresh fruit, nuts, and vegetables direct from local Certified Producers. The Certified Farmers' Market program is developed and regulated by the California Department of Food and Agriculture to bring farm products directly to the consumer. Only California products may be sold. No reselling is allowed at a California Certified Farmers' Market. The California Farmers' Market Association, anon-proht association of 10 markets with 300 participating farms, operates the Saratoga Certified Farmers' Market. Every Saturday morning, approximately 40 certified producers will bring their farm-fresh produce to consumers. The Certified Producers will use temporary stands and tables to sell their produce. The Certified Farmers' Markets Association has leased from the Los Gatos-Saratoga Union High School District an area of the parking lot adjacent to Herriman Avenue for a maximum of 40 vendors. The lease includes all other available parking locations for consumer use. The hours of operation for the previous Use Permit, 98-005, were 09:00 a.m. unti11:00 p.m. After discussions with staff from the Saratoga High School and concerned neighbors, aset- up time of 8:00 am and clean-up time of 2:00 p.m. was found to be satisfactory. The Farmers' Market Association is requesting a 07:00 a.m. set-up time. The Farmers' Market consists of producers who are based outside of Santa Clara County who arrive in Saratoga earlier than 5:00 a.m. and -- request permission fo set-up on arrival. The City of Saratoga believes the Farmers' mar et should be held to the same standards compared to similar uses regarding set-up times. Saratoga City Code 7-30.060(f) states that set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible to the occupants of the adjacent residences, ... including noise generated by the operation of delivery or service vehicles, shall not begin prior to one hour before the normal opening time of the establishment or extend later than one hour after the normal closing time. In addition, the Farmers' Market Association requests the operation of amplified music within the vendor area. Amplified music is not consistent with the agricultural intent of Certified Farmers' Markets and may negatively affect surrounding residential properties. Therefore, music should be expressly prohibited as a Condition of Approval. Saratoga Farfners' Market as a ConditionallyPermitted Use Establishing a Saratoga Farmers' Market in a residential zoning district requires the issuance of a Conditional Use Permit. This process allows the Planning Commission to impose conditions on a project to ensure its compatibility with adjacent land uses. In this case, Saratoga Farmers' market will be in an established location for consumers but will require mitigation Conditions of Approval to address existing issues and limit any negative impacts on the surrounding uses. Parking and Circulation With the construction occumng at Saratoga High School eliminating public parking spaces, the site is unable to accommodate the amount of pedestrian and vehicle traffic present. Customers are parking along the residential streets near the High School causing additional noise and traffic complaints that may be mitigated by adjusting the set-up and/or start time for the vendors. Hours of Operation The applicant is proposing the following hours of operation: Saturday: 09:00 a.m. to 1:00 p.m. The applicant requests that set-up may commence at 7:00 a.m. and clean-up end at 2:00 pm. Staff has placed a condition of approval limiting the hour of set-up consistent with similar uses limiting the commencement of set-up operations to no earlier than 8:00 a.m. In addition, staff 2 of 4 recommends prohibiting vendor arrival on site unti17:45 a.m. to eliminate instances of early set- up. Signage The applicant is proposing multiple on-site and off-site signs consistent with the type of use. The signs, if placed at the location requested by the applicant should not interfere with normal pedestrian or vehicle traffic and not constitute a hazard. A copy of the type and description of signs and proposed location is included with the Use Pertrift app~catiori gazket. Correspondence Letters dated September 8, 2004 and May 17, 2004 from a concerned Saratoga resident are attached. In Summary, the Saratoga resident discusses the appropriateness of having the Farmers' Mazket at Saratoga High School and feels that the Mazket should be moved to an area within the City that will limit the negative impact to surrounding residential properties. the Saratoga resident is concerned with the perceived lack of compliance with previous Use Permit regulations and questions whether or not the Farmers' Market will abide by the Conditions set forth by this Planning Commission and by the lease agreement between the Farmers' Market and the school district. Conclusion Staff feels that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: The proposed Saratoga Farmers' market meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment will be mutually beneficial to the surrounding uses, and will be conveniently located to provide a service beneficial to the residents of Saratoga; and • The proposed Saratoga Farmers' market will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impacts; and The proposed Saratoga Farmers' Market will comply with all other applicable provisions of the Saratoga Ciry Code. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The general neighborhood will continue to be impacted. 3 of 4 ALTERNATIVE ACTION: Deny the Conditional Use Permit and suggest the Farmer's Market find an alternative site. FOLLOW UP ACTION: Monitor the weekly event for compliance with conditions ADVERTISING, NOTICING AND PUBLIC CONTACT: The hearing was noticed in the Saratoga News and a mailed notice was sent to property owners within 500 feet. ATTACHMENTS: 1. Planning Commission minutes 2. Planning Commission Resolution 3. Draft Resolution with conditions 4. Notice, Noticing Affidavit and Noticing Labels 5. Application packet 6. Letter dated September 8, 2004 7. Letter dated May 17, 2004 8. Lease agreement between the California Certified Farmers' Gatos- Sazatoga Union High School District Mazket Association and the Los 4of4 Attachment 1 Sazatoga Planning Commission Minutes of September 22 2004 Page 4 Motion: Upon motion of Commissioner Nagpal, Planning Commission granted a Design 1 allow the renovation of the facades of 14416 Big Basin Way and conditions to wrap the street require that employees p in AYES: Gara , Hunte NO1S: __ e__ ABSENT: challop and Uhl ARS None PUBLIC HEARING -ITEM N0.2 Commissioner Zutshi, the iroval (Application #04-178) to structures located at 14410 & 205 aratoga-Los Gatos Road with the added the change the benches to iron and wood and to the rear spaces, by the following roll call vote: r, Nagpal, Rodgers and Zutshi *** APPLICATION #04 233 (397 29-012) California Farmers' Markets Association, 20300 Herriman Avenue: Request approval for a Conditional Use Permit allowing the California Farmers Markets Association to continue holding a Farmers' Market on the pazking lot area of Saratoga High School on Saturdays year round. The previous Temporary Use Permit (#98-005) expired on April 3, 2004. (STEVE PROSSER) Public Safety Officer Steve Prosser presented the staff report as follows: • Advised that the applicants are seeking approval of a Use Permit to allow the California Farmers' Markets Association to continue to operate every Saturday at Sazatoga High School throughout the yeaz with a maximum of 40 farmers. • Reminded that the original Use Permit (#98-005) expired in Apri12004. • Said that the previous hours of operation were from 9 a.m. to 1 p.m. The proposed hours are from 8 a.m. (for set up) through 2 p.m. (when clean up is completed). Originally, the applicants had requested a set up time beginning at 7 a.m. but operator Doug Hayden has agreed to the 8 a.m. set up start time. • Stated that a Condition of Approval has been included that restricts this use to 40 agricultural vendors. • Reported that Mr. Hayden is requesting approval for 56 vendors total, 40 agricultural and 16 non- food vendors. • Said that when Mr. Hayden met with School District representatives, [hey requested a maximum of 50 (40 agricultural and 10 non-agricultural). The applicant is required to contract with the Sheriff's Office to have one deputy on site between the hours of 8 a.m. and 2 p.m. With these conditions, Sazatoga High School will support this continued operation and enter into a lease agreement for the use of the pazking lot. • Explained that Mr. Doug Hayden is present and wishes to address the Planning Commission. Commissioner Hunter expressed confusion as to why the City has any involvement with the uses on school site that normally falls under the jurisdiction of the School District. Director Tom Sullivan explained that State Law is regarding education uses of school sites. This is not an educational aspect of the school site. Sazatosa Planning Commission Minutes of September 22 2004 Page 5 Commissioner Zutshi asked if there is any compliance history or citations issued for this use. Mr. Steve Prosser replied that there was no ability to enforce time limits with the original Use Permit. Commissioner Hunter asked if there is any indication of problems from this use. Stated that this Farmers' Market is an incredible asset to the community and that having a police presence a[ the Farmers' Market issuing tickets would be a problem for her. Mr. Steve Prosser said-that there aze parking-limitations-ten this site_--People-.tend to_pazk in the residential neighborhood and create noise impacts on the residents there. Reminded that additional uses of the high school on Saturdays include swim meets and PAL football games. Commissioner Hunter asked if there have been complaints from just one person or more. Mr. Steve Prosser replied that he received one written complaint but that a number of residents had addressed issues directly with the school principal. Commissioner Nagpal questioned whether the market could be moved to Sunday when there are fewer conflicting activities. Mr. Steve Prosser said that the school has no problems continuing with the market on Saturdays as long as emergency vehicles can park on the easement. Chair Gazakani opened the Public Hearing for Agenda Item No. 2. Mr. Doug Hayden, Representative, California Farmers' Mazkets Association: • Said that he has been with California Farmers' Mazkets Association since 1991, which operates 30 markets in the Bay Area. • Stated that the Saratoga Farmers' Market is one of the best in California with a great variety, well balanced and well attended. There are 40 farmers and 16 non-agricultural vendors. Some drive 150 miles to get here. They bring a lot of fabulous food to the community. • Stated that this is a jewel and that it is important to extend open arms to these farmers. • Assured that they want to be good neighbors and that they react fast to any problems. • Agreed that they aze now located closer to residential uses than they used to be before the construction began on the performance center. • Stated that the 8 a.m. start time is a great idea. • Said that 56 total is a good number and it goes down in winter to about 40 during the off-season. • Informed that if one farmer leaves the market, they would replace that farmer with a like vendor to assure the same variety of product. • Said that there is no problem with site access for emergency vehicles and that an on-site officer is not necessary. This is a very safe environment. • Pointed out that the new principal of Sazatoga High School has yet to see the market in operation. • Explained that their San Francisco market does not require an officer and nothing bad happens there. • Said that they have entered into an agreement with the church across the street to use their pazking and they would display A-frame signs to direct patrons to that option. Saratoga Planning Commission Minutes of September 22, 2004 Page 6 • Suggested that it might be possible to also coordinate with the swim teams to have them drop off their athletes and park vehicles in this church lot. • Said that there are many options before it becomes necessary to incur the $250 to $300 weekly expense to have an officer on site. • Reminded that they have a professional manager on site, Mr. Frank Nichols, who is adept at handling problems. • Informed that many fundraising activities occur during the mazket, including football supporters and that the school receives $75 per mazket day for an annual total of approximately $3,500. • Assuredrthat they ieaverthe-site cteanerthan whenthey arrived. - • Pointed out that the parking problems are temporazy during construction when much of regular pazking space is being utilized to stage construction materials. Lots of the parking problems would go away once construction is complete. • Said that they have eliminated the practice of having farmers making eazly drop offs and previously would not allow anyone on site until 7 a.m. The site manager will be on site at 6:15 a.m. to stop anyone from entering the school site before 8 a.m. now under the new conditions of operation. • Stated that they will do everything possible to make this work. Chair Garakani asked Mr. Doug Hayden when the vendors reached 56. Mr. Doug Hayden replied about 18 months ago. Chair Garakani asked if the on-duty officer is required just for traffic control. Mr. Steve Posner said that the need is both for traffic control and public safety. Commissioner Zutshi asked whether musicians are a part of the mazket. Mr. Doug Hayden replied no. Commissioner Zutshi said that parking is bad when attending swim meets aze held. Commissioner Hunter questioned whether it might not make sense to open up the back of the site for parking for swim meets. Mr. Doug Hayden: • Replied that he was not sure how much parking was available there. • Advised that he is upset with some of the restrictions imposed. • Opined that this is one of the best things to happen to Saratoga and that complaints are coming from one person only. • Pointed out that this is a community-wide function. • Stated that he is sorry not to see music at this mazket. • Assured [hat they caze about this community. • Suggested that a police presence at the mazket would be a real downer for attendees. Commissioner Nagpal asked Mr. Doug Hayden what is the peak season for the mazkets. Sazatoga Planning Commission Minutes of September 22 2004 Page 7 Mr. Doug Hayden replied it is generally ending about now. It runs from mid May to the end of September. Commissioner Nagpal asked Mr. Doug Hayden if he could support a maximum of 56 vendors during peak season with a reduction to 40 during non-peak season. Mr. Doug Hayden said that the mazket runs at about 75 percent capacity during the winter months. Commissioner Nagpal asked Mr. Doug Hayden if he is comfortable with a maximum of 40 vendors in the off-season. Mr. Doug Hayden replied that he would hate to have to kick someone out. Forty-five would be a more comfortable number during off-peak season. Mr. Hugh Leo, 13785 Lexington Court, Sazatoga: • Advised that he lives across the street from the high school and submitted a letter opposing the Farmers' Market. • Pointed out that the church that is being proposed for alternate pazking has a driveway that is directly behind their houses. • Said that there aze a variety of conflicting facts. • Pointed out that Mr. Hayden refused an 8 a.m. stazt time in May. • Stated his belief that Mr. Hayden has no intention to comply with the conditions of approval as evidenced by recent events and the fact that the current size of the market is larger than approved. Mr. Hayden signed an agreement with the high school with a limit of 45 vendors, while [he original Conditional Use Permit permitted a maximum of 40. Mr. Hayden has ignored that standazd and cannot be relied upon to comply. • Declazed that there must be an enforceable standazd set for this use. • Suggested the denial of this application. Commissioner Rodgers asked Mr. Leo why flexibility could not be allowed. Mr. Hugh Leo said that he is not adverse to the Farmers' Market in concept but just wanted to point out the pattern of behavior in ignoring agreements for operations. Non-compliance has been the pattern. Commissioner Rodgers asked Mr. Leo what he would like the Commission to do. Mr. Hugh Leo replied deny this request or compel compliance with the conditions of approval. Commissioner Rodgers asked Mr. Leo how he felt about the idea of having law enforcement on site during the mazket hours. Mr. Hugh Leo replied that tonight is the first he has heard of that idea. Stressed the importance of compliance with any established conditions. Ms. Mercedes De Luca, 13785 Lexington Court, Saratoga: • Reported that she has resided in the community for 20 years and that this is the first time she did not feel happy to live in Sazatoga. • Said that she used to love attending the Fazmers' Mazket when it was held downtown. Saratoga Planning Commission Minutes of September 22 2004 Page 8 • Advised that she has resided in this home since 1993 and that now there is more and more noise. • Said that she feels like she is like a "frog in the pot." • Informed that trucks pull into the lot in the middle of the night. • Reminded that for working people, Saturdays aze the only morning to sleep in. • Added that it is difficult to have friends over on Saturday since there is no street parking available as a result of the activities at the school. • Suggested that it may be time for another part of the community to take over hosting the Farmers' Mazket. • Reiterated that she boo enjoys a good Farmers' Market bu~that having it across the street is an unfair burden to this part of the community. Commissioner Hunter asked if Lexington Court is closer to the church. Ms. Mercedes De Luca said that theirs is the first street. Commissioner Hunter asked if issues have improved since the mazket was moved to the other side of the school. Ms. Mercedes De Luca said maybe for them but not for others. Commissioner Hunter asked about the impacts of the PAL Center. Ms. Mercedes De Luca said that this too is a problem She added that she loves living here. Commissioner Zutshi asked Ms. Mercedes De Luca if she has a problem as long as unloading does not begin until 8 a.m. Ms. Mercedes De Luca said that this time limitation only matters if it is actually enforced. Some vendors arrive eazlier. Said that her family likes to sleep in later on Saturdays. She added that there aze already impacts from the church on Sundays but that they knew that when the purchased next to a church. However, they never anticipated a Farmers' Market in the neighborhood when they moved in. Mr. Michael Herne, 14043 Oak Hollow Lane, Saratoga: • Said that his issues are noise and traffic impacts. • Said that the operation of a school is generally out of the City's control and that the high school is pushing the envelope of the use of this facility for uses such as a Farmers' Mazket. • Suggested that the school must be a good neighbor and balance the rights of the neighborhood. • Stated that he would love a start time of 10 a.m. • Assured that he is not against the Farmers' Mazket but that a lively dialog must occur about the impacts of the market on this local neighborhood. Commissioner Nagpal pointed out that by issuing a Conditional Use Permit the City has the opportunity to establish an envelope for operations. Asked what conditions Mr. Herne might propose to help alleviate problems. Mr. Michael Herne: Sazatoga Planning Commission Minutes of September 22, 2004 Page 9 • Replied that a later start time after 9 a.m. as it would be nice not to have operations in the eazly morning hours. • Pointed out that on Sundays there are games on this campus all day. • Suggested that there is no reason to have any vendors except for those selling vegetables. • Said that he is not personally affected by traffic but rather just noise impacts. • Said that having a dialog about impacts is important and that noise is a problem. Commissioner Hunter reported that she lives near a cemetery that has multiple blowers in operation each Thursday: _ _. - Ms. Pamela Chang, 20325 Herriman Avenue, Saratoga: • Said that she is a parent of children at this school and supports having a Farmers' Market in the community. • Suggested that there are too many activities on campus on Saturday. • Said that one expects educational events on a school campus while a Farmers' Mazket is not an educational activity. • Said that as there are lots of high schools in the azea, it may be time to have other schools host the Farmers' Mazket. Mr. Doug Hayden: • Reported that Mr. Lea] was never a part of the discussion with Principal Skelly and that the agreement entered into was for farmers, limiting the allowable number to 40. • Explained the difference between non-agricultural and agricultural section of a Farmers' Mazket. Non-agricultural vendors are allowed to participate in a Farmers' Market per State law if they are directly mazketing to consumers. • Assured that they want this to be a Farmers' Mazket and that the number of non-agricultural vendors would not get any bigger than it is now. Chair Garakani closed the Public Hearing for Agenda Item No. 2 and asked staff if the Use Permit is enforceable. Mr. Steve Prosser said that noise standards are enforceable. The Use Permit can be brought back before the Commission for revocation if necessary. Chair Gazakani asked what if the number of vendors was to exceed that allowed by the Use Permit. Mr. Steve Prosser said that that too is an issue that could be considered for revocation. Chair Gazakani asked whether any complaints received would automatically be referred to the Commission. Director Tom Sullivan replied that the City's standard is to achieve compliance rather than imposing punishment. Staff generally would ]et the applicant and school district know if there are problems with their operation and give them a chance to correct those issues. Commissioner Hunter: Sazatoga Planning Commission Minutes of September 22 2004 Page 10 • Stated that she feels strongly that a Farmers' Market is a fantastic advantage to the community and helps to build a sense of community. • Suggested that perhaps permitted parking might be a solution for the street pazking problem for the neighborhood. • Added that the school can be asked to open up more pazking on site. • Said that she felt it is a shame to limit the size of the mazket and that she personally would like to add live music to the mix. • Informed that she is not in support of the suggestion to have an officer on site as there is no demonstrated need for such a step and having the officer there simply confuses the matter and takes away from the fun of the event. Commissioner Zutshi: • Stated that she too likes the Farmers' Market but that she also agrees with the neighbors' right to be able to sleep in one day a week. • Suggested that it would be important to limit the number of vendors and stick to the agreed upon timing for the mazket. • Agreed that there is no need for a police presence and that having an officer would take away the fun. • Stressed the importance of maintaining the necessary emergency access and having the mazket manager ensuring that blocking of the fire lane does not occur. Chair Gazakani asked where this fire lane is located. Mr. Steve Prosser replied that it is the azea closest to the Farmers' Market. Chair Garakani pointed out that they are using cones now to block that azea off. Commissioner Rodgers: • Advised that she has always lived near a Farmers' Mazket and that having a Farmers' Mazket available is important to her and to the community. • Added that she loves getting fresh vegetables as well as the opportunity to see her neighbors, which she likes to be a part of. • Stated that she understands the neighborhood issues. Said that the market benefits the community so much but that she hates to ask this neighborhood to accommodate the community but that she is asking these neighbors to try and live with this Farmers' Market. • Said that pazking issues must be addressed and that perhaps signs reading "Neighborhood Parking" could be posted. • Said that she is not sure about the 8 a.m. start time but she knows she does not like the idea of having an officer on site, a requirement that she is not yet prepazed to burden the applicant with. • Said that she is not happy restricting the number of vendors as a variety and balance of vendors are needed for this mazket to succeed. • Reminded the neighbors that if problems arise, they can contact the Code Enforcement staff that will have the power to enforce the conditions of operation. • Stated her support for this application. Commissioner Nagpal: Sazatoga Planning Commission Minutes of September 22 2004 Page 11 • Stated that she is supportive of having a Farmers' Market in the community. • Expressed her understanding for the difficulties it might bring to those who live nearby. • Suggested that [he mazket be considered for Sundays instead of Saturdays. • Said that she supports the 8 to 9 a.m. set up time. • Agreed that a Sheriff's presence is not required. • Proposed that a total vendor number of 56 be approved from May through September and a reduced number be approved for non-peak season. Ch81r Garakanl pO1nCCd OUf that the applicant has already said that the market automatically becomes smaller outside of peak season. Commissioner Nagpal said that if the issues are not called out in the conditions of approval, they aze not enforceable. Commissioner Hunter said that while she agrees that no amplified music should be allowed, she is not against having live music such as a fiddler playing in the comer somewhere. Commissioner Nagpal pointed to conditions 2, 4 and 7 on page 9. Commissioner Hunter said that she advocates for allowing music from 11 a.m. to 1 p.m. as long as it is not amplified nor microphones be used. Said that music helps make things joyous. Commissioner Nagpal: • Agreed with suggested text that states that amplified music is inconsistent with a Farmers' Mazket. • Expressed support for allowing music between 10 a.m. and closing of the market. • Supported the 8 a.m. setup time and the requirement that clean up be completed by 2:30 p.m. • Questioned whether the school must agree with the City's conditions. Commissioner Hunter stated her surprise that the City is issuing a Use Permit for a school site at all. Director Tom Sullivan pointed out that the original Use Permit was processed by former Director James Walgren in the 1990s. Commissioner Hunter said that the school has the option to deny the use of its site. Commissioner Nagpal restated her suggestions for music between 10 a.m. and closing, vendors on site limited to 40 maximum agricultural and 16 maximum non-agricultural. Chair Garakani said that he could support these numbers because the market has operated with that number of vendors for the last 18 months. He stressed that these numbers must not be increased. Commissioner Nagpal said that it must be cleaz to this applicant that non-compliance with the conditions set aze grounds for termination of this Use Permit. Commissioner Rodgers said that this Use Permit could be reconsidered at any time if problems occur. Commissioner Nagpal encouraged neighbors to report any problems to the City. Saratoga Planning Commission Minutes of September 22 2004 Page 12 Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission approved a Conditional Use Permit (Application #04-233) to allow the year round operation of a Farmers' Market to be held each Saturday at Saratoga High School. 20300 Herriman Avenue with the following additions: • A limitation of 40 agricultural vendors and 16 non-agricultural vendors • Clean up to be concluded no later than 2:30 p.m., • Any music will be limited to the hours between 10 a,m. and closing with the prohibition of amplified-music as being inconsistent with the Farmers' Market, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop, Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM N0.3 APPLICATION #04 140 (386-10-049) Sprint PCS (applicant) Kato Yasuto (Prooertv Owner). 17777 Saratoga Avenue: The applicant requests Use Permit Approval to extend the height of the existing monopole and install antennas. The applicant proposes to co-locate with another wireless carrier, Verizon, which has existing antennas on the monopole. Related equipment will be situated on the property adjacent to Verizon's existing equipment. The site is located in the P-A (Professional and Administrative Office) zoning district. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow SprintPCS to extend the height of an existing 61.5-foot tall monopole to 67 feet, four inches in height including the addition of panel antennas. • Explained that this would be a co-location with Verizon Wireless. Related equipment would be located adjacent to Verizon's existing equipment. • Reported that this site is a triangular lot off Lawrence Expressway and Saratoga Avenue that borders San Jose. Access is from Saratoga Avenue. The site includes a cellular pole, billboard sign and six-foot high chain link fence. The site is also used for commercial parking. • Advised that Sprint has another cell site about a quarter of a mile away on a church site. This location will replace that site and the old site will be removed. • Informed that the purpose for the added height is to achieve a substantially increased coverage area. • Added that another pending AT&T application will be considered by the Commission at its October 13a' public hearing to be located below the Verizon antennas. Stated that trenching through County and San Jose jurisdictions would need to occur and that the applicant is required to obtain the necessary encroachment permits for that work. • Said that the ground equipment would consist of four cabinets that will not exceed the fence height. A backup generator will be installed that would only be used in the event of a major disaster. No generator is required for this generator as it exempt from noise standards when used only for emergencies. • Reported that the monopole is 10 years old. Three panel antennas would be added to the extension that are 54 inches tall. The maximum height is 67 feet, four inches tall. Attachment 2 RESOLUTION NO. 04-033 Application No. 04-233 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA CALIFORNIA CERTIFIED FARMERS' MARKETS ASSOCIATION, SARATOGA FARMERS' MARKET ~USE~ __ 20300 HERRIMAN AVENUE WHEREAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit to allow the establishment of Saratoga Farmers' Market at Saratoga High School on Saturdays yeaz round; and WHEREP.S, the Planning Commission has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds the proposed project allowing for a Certified Farmers' Market is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15304, "Temporary agricultural truck sales"; and WHEREAS, the Planning Commission finds that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: The proposed Saratoga Farmers' market meets the objectives of the Sazatoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment will be mutually beneficial to the surrounding uses, and will be conveniently located to provide a service beneficial to the residents of Saratoga; and The proposed Saratoga Farmers' market will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the «ciniry in that appropriate conditions have been placed on the project to minimize potential impacts; and The proposed Sazatoga Farmers' Market will comply with all other applicable provisions of the Saratoga City Code. ~~ ~~ `.% Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After cazeful consideration of the application packet and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit approval is hereby granted subject to the following conditions: PLANNING 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. The Sazatoga Farmers' market shall application with a maximum of forty non-agricultural vendors on site. operate as represented on the Use Permit (40) agricultural vendors and sixteen (16) 3. Any intensification of this use shall require an amended Conditional Use Permit. 4. The operating hours of the Sazatoga farmers' Market includes set-up activities no earlier than 5:00 a.m. and clean-up activities no later than 2:30 p.m. At no time shall vendors arrive on the property of Saratoga High School located at 20300 Herriman Avenue, Saratoga, CA 95070 eazlier than 07:45 a.m. Live music is allowed from 10:00 a.m. to 1:30 p.m. The California Certified Farmers' Markets Association is required to provide a site manager responsible for vendor compliance of the Conditions of Approval. 5. On or before September 1 of each subsequent year, the applicant is required to provide the City of Saratoga Community Development Department copies of the County of Santa Clara Environmental Health Permit, and clearance letters from the Fire District and County Sheriff s Department. 6. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. Amplified music is inconsistent with the stated agricultural nature of the Saratoga Farmers' Market and is prohibited. CITY ATTORNEY 8. Applicant agrees to hold Ciry harmless from all costs and expenses, including attorney's fees, incurred by the Ciry or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. i ~~ '~ 9. Noncompliance with any of the conditions of this permit shall constitute grounds for the revocation of the Conditional Use Permit. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. -- - - - ~ectiaa 3-Unless appealedpursuarit to-tlie requirements of Artic~~S=9D of the --- Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 22nd day of September 2004 by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Zutshi NOES: ABSENT: Shallop, Uhl ABSTAIN: Chair, Planning Commission ATTEST: Secret a ' ig Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commis~sie~. or Atthorized Agent -~ Date Attachment 3 RESOLUTION NO. A RESOLUTION OF THE CIlY COUNCIL OF THE CITY OFSARATOGA WHEREAS, the City of Saratoga Planning Commission has received an application for a Conditional Use Permit to allow the establishment of Saratoga Fanners' Market at Saratoga ___ High School on Saturdays year round; and WHEREAS, the Planning Commission has conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds the proposed project allowing for a Cert$ied Farmers' Market is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15304, "Temporary agricultural truck sales"; and WHEREAS, the Planning Commission approved Saratoga Farmers' market to operate as represented on the Use Permit application with a maximum of forty (40) agricultural vendors and sixteen (16) non-agricultural vendors on site. WHEREAS, the City Council decided on October 6, 2004 to initiate an appeal of the Planning Commission's approval, and WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence, and WHEREAS, this hearing was advertised in the Saratoga News on November 17, 2004, posted on November 17, 2004 and notices mailed on November 17, 2004, and WHEREAS, the City Council considered all written and oral testimony presented regarding the proposed Conditional Use Permit for the Certified Farmers' Market. NOW, THEREFORE, that the City Council of the City of Saratoga does hereby grant the Conditional Use Permit with the following findings: That all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: • The proposed Saratoga Farmers' mazket meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment will be mutually beneficial to the surrounding uses, and will be conveniently located to provide a service beneficial to the residents of Saratoga; and • The proposed Sazatoga Farmers' mazket will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minim;ze potential impacts in that the number of vendors has been reduced to a maximum of forty (40); and That no music (amplified or not) will be allowed at Saratoga Farmers' mazket, and • The proposed Saratoga Farmers' Market will comply with all other applicable provisions of the Sazatoga City Code. Section 1. After careful consideration of the application packet and other exhibits submitted in connection with this matter, the application for a Conditional Use Permit approval is hereby granted subject to the following conditions: 1. The City of Saratoga shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. The Saratoga Farmers' market shall operate as represented on the Use Permit application with a maximum of forty (40) vendors on site. 3. Any intensification of this use shall require an amended Conditional Use Permit. 4. The operating hours of the Sazatoga farmers' Market includes set-up activities no eazlier than 8:00 a.m. and clean-up activities no later than 2:00 p.m. At no time shall vendors arrive on the property of Saratoga High School located at 20300 Herrunan Avenue, Saratoga, CA 95070 eazlier than 07:45 a.m. The California Certified Farmers' Markets Association is required to provide a site manager responsible for vendor compliance of the Conditions of Approval. 5. On or before September 1 of each subsequent year, the applicant is required to provide the City of Saratoga Community Development Department copies of the County of Santa Clara Environmental Health Permit, and clearance letters from the Fire District and County Sheriff s Department. 6. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 7. Live or Amplified music is inconsistent with the stated agricultural nature of the Saratoga Farmers' Market and is prohibited. 8. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 9. Noncompliance with any of the conditions of this permit shall constitute grounds for the revocation of the Conditional Use Permit. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. The above and foregoing resolution was passed and adopted at a regular meeting of the Sazatoga City Council held on December 1, 2004, on the following roll-call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment 4 • AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Kristin Borel, being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Sazatoga Planning Commission on the 2°d day of September, 2004, that I deposited in the United States Post Office within Santa Clara County, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who aze en 'tied to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property to be affected by the application; that on said day there was regulaz communication by United States Mail to the addresses shown above. ~~ ~-~ Signed City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408-868-1222 ---- - -- __ - -- IVOTICI: GF HEARING- The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 22nd day of September 2004, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the Saratoga Community Development Department, Monday through Thursday from 7:30 a.m. - 5:00 p.m. APPLICATION #04-233 (397-29-012) California Farmers' Mazkets Association, 20300 Herriman Avenue: -Request approval for a Conditional Use Permit allowing the California Farmers' Markets Association to continue holding a Farmers' Market on the parking lot area of Saratoga High School, Saturdays year round. The previous Temporary Use Permit (#98-005 expired on Apri103, 2004. 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 maybe limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission s information packets, written communications should be filed on or before the Tuesday, a week before the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of tMs notice. The Ciry uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of -date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in tMs notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. HE LIMIN 6z QI BUTLAR EDMUND L TRUSTEE ARMSTRONG FREDERICK S &t 20446 CHALET LN 20454 CHALET LN GLADYS J TRUSTEE SARATOGA, CA 95070-4929 SARATOGA, CA 95070-4929 20462 CHALET LN SARATOGA, CA 95070-4929 VENKATRAMAN CHANDRASEKAR E2 VANITHA 20476 CHALET LN SARATOGA, CA 95070-4929 HUANG WEIAN W &t MENGFEN W 20488 CHALET LN SARATOGA, CA 95070-4929 SUBBARAO MURALI B Eu ANJALI 13725 LEXINGTON CT SARATOGA, CA 95070-4934 WALKER SHIRLEY B 13737 LEXINGTON CT SARATOGA, CA 95070-4934 ACHARYA ABHIJIT &r QUENTINE TRUSTEE 13773 LEXINGTON CT SARATOGA, CA 95070-4934 LUKE CHARLES A 20210 MERRICK DR SARATOGA, CA 95070-4936 TSENG DAVID f~ WEI S 13772 CALLS TACUBA SARATOGA, CA 95070-4921 DOWELL RICHARD I MOVAHED-EZAZI MOHAMMAD H KUEHL FREDRICA A 13730 CALLS TACUBA &t MONIREH 20250 MERRICK DR SARATOGA, CA 95070-4919 20270 MERRICK DR SARATOGA, CA 95070-4936 SARATOGA, CA 95070-4936 APPLE CHRISTIAN K &t ROBIN S 13749 LEXINGTON CT SARATOGA, CA 95070-4934 DE LUCA G MERCEDES 13785 LEXINGTON CT SARATOGA, CA 95070-4934 LOURDOU ALEXANDRE R TRUSTEE 13794 CALLS TACUBA SARATOGA, CA 95070-4921 JENQ BAO-CHYUAN f~ SHU-CHU TRUSTEE 13768 CALLS TACUBA SARATOGA, CA 95070-4921 TRONSON LANE C TRUSTEE ETAL 13761 LEXINGTON CT SARATOGA, CA 95070-4934 SARATOGA PRESBYTERIAN CHURCH 20455 HERRIMAN AV SARATOGA, CA 95070-4901 ALVORD MURIEL D 6T FRED L 13782 CALLS TACUBA SARATOGA, CA 95070-4921 DRUMM RICHARD C JR &z MARIANNE G 13754 CALLS TACUBA SARATOGA, CA 95070-4921 BROOKS WILLIAM T &c CANDACE C LAI SHU K SEIBERT JOHN E Eu SANDRA L 20230 MERRICK DR 13725 CALLS TACUBA 13735 CALLS TACUBA SARATOGA, CA 95070-4936 SARATOGA, CA 95070-4916 SARATOGA, CA 95070-4918 SOIN SARVNANDAN S &z NAMITA D TRUSTEE 13745 CALLS TACUBA SARATOGA, CA 95070-4918 NAMIMATSU DENNIS T ~ TRACY K F 13755 CALLS TACUBA SARATOGA, CA 95070-4920 ISON JOHN W &c CARLA C 13765 CALLS TACUBA SARATOGA, CA 95070-4920 WONG DAVID M Esr KAREN W THOMPSON LAURENCE A &c JOAN CHEN LIANG T ETAL 13775 CALLS TACUBA C 13795 CALLS TACUBA SARATOGA, CA 95070-4920 13785 CALLS TACUBA SARATOGA, CA 95070-4920 SARATOGA, CA 95070-4920 HUANG CHI JEN fu CHIUNG-YU KWONG JOSEPH W &r MAY F CHEN TSEHUA A &e LI-TSUNG E 13811 CAMINO RICO 20221 HERRIMAN AV 20261 HERRIMAN AV SARATOGA, CA 95070-4924 SARATOGA, CA 95070-4905 SARATOGA, CA 95070-4905 CHOU MING JER ~c HSIU-HUEI 20275 HERRIMAN AV SARATOGA, CA 95070-4905 MANN DAVID M Ez DEBORAH J 20289 HERRIMAN AV SARATOGA, CA 95070-4905 MEYER WALTER J TRUSTEE 20345 HERRIMAN AV SARATOGA, CA 95070-4905 SUN YUE 6x LILI 13784 LEXINGTON CT SARATOGA, CA 95070-4933 OLIVER ROBERT H Esc ROSA P TRUSTEE 13748 LEXINGTON CT SARATOGA, CA 95070-4933 CHANG GARY G fs~ PAMELA P TRUSTEE 20325 HERRIMAN AV SARATOGA, CA 95070-4905 „_ dN RICHARD H &z SUSAN E TRUSTEE 13751 BEAUMONT AV SARATOGA, CA 95070-4917 FANALI JOSEPH E~ RUTH TRUSTEE 13811 BEAUMONT AV SARATOGA, CA 95070-4970 KWANG KENT &c JIN-LING 13780 SARATOGA VISTA AV SARATOGA, CA 95070-4940 KARASIK RICHARD P &r DARLENE A TRUSTEE 13732 SARATOGA VISTA AV SARATOGA, CA 95070-4940 TSAI LEE-CHUNG &z LEE-WEN W 13772 LEXINGTON CT SARATOGA, CA 95070-4933 CORA HENDERSON P. O. BOX 2536 SARATOGA, CA 95070 GUERIN DANIEL J ~ NACERA 20241 HERRIMAN AV SARATOGA, CA 95070-4905 SCONTRINO ROBERT &t HELEN TRUSTEE 13771 BEAUMONT AV SARATOGA, CA 95070-4917 POST JACK &r BETTY 20121 HERRIMAN AV SARATOGA, CA 95070-4904 STAHEL WERNER &c SIEW YONG TRUSTEE 13764 SARATOGA VISTA AV SARATOGA, CA 95070-4940 SMITH SHELLEY J II 6z MARIANN K 13741 SARATOGA VISTA AV SARATOGA, CA 95070-4939 ANA~ATHUTA 12ADHAKRISHNA M &c TARA 13760 LEXINGTON CT SARATOGA, CA 95070-4933 SHIH SHENG-LI f~ LIN YIN-LIEN 20315 HERRIMAN AV SARATOGA, CA 95070-4905 PMB 179 914 WESTWOOD BL LOS ANGELES, CA 90024 CHOI HA S Ex KWANG A 13791 BEAUMONT AV SARATOGA, CA 95070-4917 POST BETTY J rsc JACK 20121 HERRIMAN SARATOGA, CA 95070-4904 MCMILLAN JERRY P &r MAUREEN T 13748 SARATOGA VISTA AV SARATOGA, CA 95070-4940 CHANG PETER &r RUTH 13759 SARATOGA VISTA AV SARATOGA, CA 95070-4939 ' TER PATRICK T &r DIANE M LIAO JUNG CHI &r SHEN SHU CHU MARKS LLOYD C 8e INA M r,., T SARATOGA VISTA AV 13810 CAMINO RICO 13784 CAMINO RICO SARATOGA, CA 95070-4939 SARATOGA, CA 95070-4925 SARATOGA, CA 95070-4925 JOHNSON GREGORY T SY TINA M SLATER WILLIAM f~ EILEEN MAROSTICA DANNY L &c SANDRA S 13760 CAMINO RICO 13744 CAMINO RICO TRUSTEE SARATOGA, CA 95070-4925 SARATOGA, CA 95070-4925 13728 CAMINO RICO SARATOGA, CA 95070-4925 TORCZYNER ROBERT D &t JANICE IRWIN JOHN W Eu MARY L L TRUSTEE TRUSTEE 13795 SARATOGA VISTA AV 13813 SARATOGA VISTA AV SARATOGA, CA 95070-4939 SARATOGA, CA 95070-4939 SEA')-0N IZENNETH L-CRUSTEE ETAL 13810 BEAUMONT AV SARATOGA, CA 95070-4969 LEE KENNETH D Eu J H 13841 RIVER RANCH CL SARATOGA, CA 95070-5424 WANG RAY SHU-NING ~ LISA KING FONG 13871 RIVER RANCH CL SARATOGA, CA 95070-5424 CLARKS KENNETH F E~ JAN S 13911 RIVER RANCH CL SARATOGA, CA 95070-5424 NGUYEN FRANK T &r JEANNIE T 13910 RIVER RANCH CL SARATOGA, CA 95070-5424 CAPPELLO PAULA L TRUSTEE 13850 RIVER RANCH CL SARATOGA, CA 95070-5424 HEETER ROBERT W &r CAROL V 14961 JERRIES DR SARATOGA, CA 95070-5408 LEIGH BETTY A PO BOX 3021 SARATOGA, CA 95070-1021 SONG JEONG S fs~ JANET S 20025 HERRIMAN AV SARATOGA, CA 95070-4903 ONN CHARLES ETAL 13770 BEAUMONT AV SARATOGA, CA 95070-4935 WEN SHAG-HSIU &s JEAN ETAL 13851 RIVER RANCH CL SARATOGA, CA 95070-5424 TAM MARISA CHING SHUT 13891 RIVER RANCH CL SARATOGA, CA 95070-5424 BITTER JOAN V 13921 RIVER RANCH CL SARATOGA, CA 95070-5424 SUE CHENG-YUAN Est CHIAHUI 13890 RIVER RANCH CL SARATOGA, CA 95070-5424 CASABONNE YVES G Esc ANNETTE E TRUSTEE P O BOX 247 EL VERANO, CA 95433-0247 DANCE ALAN &r LISA 14965 JERRIES DR SARATOGA, CA 95070-5408 GUIDO GEORGE D Fs~ SARA D 13861 RIVER RANCH CL SARATOGA, CA 95070-5424 CHEN JIE &r WEN JUNG 13901 RIVER RANCH CL SARATOGA, CA 95070-5424 VAN DE VEN MICHAEL E fst JANr. _ , TRUSTEE 13930 RIVER RANCH CL SARATOGA, CA 95070-5424 GOTOH TETSUO &c SHIGEKO 13860 RIVER RANCH CL SARATOGA, CA 95070-5424 HO CHING-YEN &e LING-MAY 14951 JERRIES DR SARATOGA, CA 95070-5408 DUJARI SITYAM ~ ANJALI 14969 JERRIES DR SARATOGA, CA 95070-5408 FRITSINGER FRED J &r HELEN LIN YEN CHUNG &i SU IN HSIEH HUR JIM R ETAL TRUSTEE TRUSTEE 19933 DOUGLASS LN 14051 LOMA RIO DR 14057 LOMA RIO DR SARATOGA, CA 95070-5522 SARATOGA, CA 95070-5412 SARATOGA, CA 95070-5412 KOO SHAWN MYUNG-KWAN ~ LIU YUAN KWEI &c JU PING CHU HENRY H 8c SALLY S TRUSTEE TERESA Y CHANG 14081 LOMA RIO DR 14069 LOMA RIO DR 14075 LOMA RIO DR SARATOGA, CA 95070-5412 ^ RATOGA, CA 95070-5412 SARATOGA, CA 95070-5412 SANQUINI RICHARD L Esc ANNE M CALLAGHAN JOHN B ~ MARY L TRUSTEE 14093 LOMA RIO DR 14087 LOMA RIO DR SARATOGA, CA 95070-5412 SARATOGA, CA 95070-5412 SCVWD SARATOGA, CA 95070-0000 SUCKOW JOHN R &r SALLY C 14020 JUNE WY SARATOGA, CA 95070-5410 COLEMAN SANDRA L Est NORMAN STAHLMAN GLORIA D TRUSTEE NISSLY KENNETH L &e MARJORIE J ALLEN C DONALD Esc SARA B 14101 LOMA RIO DR SARATOGA, CA 95070-5412 HEESCH MORGAN L 6e PATRICIA H TRUSTEE 1022 VIATORNASOL APTOS, CA 95003 R TRUSTEE 14001 JERRIES DR 14011 JERRIES DR 14000 JERRIES DR SARATOGA, CA 95070-5409 SARATOGA, CA 95070-5409 SARATOGA, CA 95070-5411 MCCOY HELEN M TRUSTEE MANDELL BRADLEY S 6-r KATHRYN NATOLI JOSEPH T ~ JENNIFER D 2865 BRISTOL RD J 14041 JERRIES DR KENWOOD, CA 95452-9012 14031 JERRIES DR SARATOGA, CA 95070-5409 SARATOGA, CA 95070-5409 wrlN CHRISTOL P.O. BOX 3105 SARATOGA, CA 95070 MENNEMEIER JUDITH A TRUSTEE 114 REDWOOD DR BOULDER CREEK, CA 95006-8532 DOUGHERTY KATHRYN N 62 C W 19980 HERRIMAN AV SARATOGA, CA 95070-5401 SMITH JACK S ~ MARGARET O 13881 RIVER RANCH CL SARATOGA, CA 95070-5424 CLEMENT ALBERT E~ DIANE M 14157 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5417 LAFFOON POLK IV Esc ANNE C 14191 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5417 VICK PATRICIA 62 GARY J 14137 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5417 MARTIN DAVID N &r ROBEN S 14167 SQUIRREL HOLLOW LN SARATOGA, CA 95070.5417 RUBY ALLEN J Ess CYNTHIA W 14205 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5417 WEISMAN WENDIE E 14147 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5417 BURLINGHAM PRESTON &t MARGARET M TRUSTEE 14173 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5417 GRIFFIN JAMES A &c CAROLYN M 14170 SQUIRREL HOLLOW LN SARATOGA, CA 95070-5418 C'' AMPION DENNIS W Esc MARY E SHAHMIRZA MEHDI &r DEBRA K AN MIKE J &r ERIN i STEE 13730 BEAUMONT AV 20451 WALNUT AV 2(T411 WALNUT AV SARATOGA, CA 95070-4935 SARATOGA, CA 95070-5426 SARATOGA, CA 95070-5426 FITT ROBERT D &s KAREN M MANZO J P JR &z MARCIA M ELLIOTT LAURA C fsr GEORGE J 20461 WALNUT AV 20471 WALNUT AV 20462 WILLIAMS AV SARATOGA, CA 95070-5426 SARATOGA, CA 95070-5426 SARATOGA, CA 95070-5428 PICO RANCH INC ET AL ETAL 3707 WILLIAMS RD 202 SAN JOSE, CA 95117 PACE JOHN W &s CHRISTINE A 20450 WILLIAMS AV SARATOGA, CA 95070-5428 FELCYN GLORIA H TRUSTEE 20440 WILLIAMS AV SARATOGA, CA 95070-5428 -_ __ -- ---- GANESANBUBRAMANIAN&t HIDY JAY S ETAL PEAKS BENJAMIN F~ LEILIA CHARUMATHY 20430 WILLIAMS AV 20400 WILLIAMS AV 20470 WILLIAMS AV SARATOGA, CA 95070-5428 SARATOGA, CA 95070-5428 SARATOGA, CA 95070-5428 TEEPEE JUDITH L ETAL 20480 WILLIAMS AV SARATOGA, CA 95070-5428 BIETZ RICHARD J 14081 ALTA VISTA AV SARATOGA, CA 95070-5421 FRANCES C MILLER 14600 WILD OAK WY SARATOGA, CA 95070-5550 ESHLEMAN DAVID &t CONNIE TRUSTEE 14130 ALTA VISTA AV SARATOGA, CA 95070.5459 WETTERHOLT DAVID G 14054 ALTA VISTA AV SARATOGA, CA 95070-5422 MCKENZIE FRIEDA B TRUSTEE 15311 BELLECOURT AV SARATOGA, CA 95070-6466 ROCKWOOD ROBERT K &z CYNTHIA A TRUSTEE 20445 WILLIAMS AV SARATOGA, CA 95070-5427 CHANG WEI &r ANNABEL W ETAL 14078 ALTA VISTA AV SARATOGA, CA 95070-5422 PASTUSZKA WALDEMAR M ~e LUCYNA TRUSTEE 1116 WALSH AV SANTA CLARA, CA 95050-0000 SCVWD ALTA VISTA AV SARATOGA, CA 95070-0000 HARTGE LAWRENCE C ETAL 15808 GLEN UNA DR LOS GATOS, CA 95030-2911 GRIFFIN CHARLEY LTRUSTEE -,-.. 20365 WILLIAMS AV SARATOGA, CA 95070-5458 MCKENZIE FRIEDA B TRUSTEE 15311 BELLECOURT RD SARATOGA, CA 95070-6466 KERIN ANTHONY J III F~ LINDA D 20461 WILLIAMS AV SARATOGA, CA 95070-5427 NORA JOHN P Fu KAY M PO BOX 73 SARATOGA, CA 95071 SARATOGA PARENT NURS ERY SCHOOL 20490 WILLIAMS AV SARATOGA, CA 95070.5428 RAISSI BABAK 20481 WALNUT AV SARATOGA, CA 95070 TAW TAT H E¢ TSUI H GONI RAYMOND E &r DEBBIE L KWAN BRADEN S ~ CECILIA K 14100 SARATOGA-SUNNYVALE RD 14060 SARATOGA-SUNNYVALE RD 20473 WILLIAMS AV SARATOGA, CA 95070-5836 SARATOGA, CA 95070-5836 SARATOGA, CA 95070-5427 HULME ALLEN F LEUNG SAVIO T ETAL PONCHIONE ELIO 20485 WILLIAMS AV 55 VERBALEE LN 20433 WALNUT AV SARATOGA, CA 95070-5427 HILLSBOROUGH, CA 94010-7435 SARATOGA, CA 95070-5426 CHU TAIN GEENG T & KAI JUNG G 20435 WALNUT AV SARATOGA, CA 95070-5426 PAXTON LORINE D TRUSTEE 20426 WILLIAMS AV SARATOGA, CA 95070-5428 BONNET PAULA 20900 BIG BASIN WY SARATOGA, CA 95070-5750 HART THEODORE&tVICTORIA A HARTTF3EODDRE Br ViCTO~IA t1 TRUSTEE TRUSTEE PO BOX 427 PO BOX 427 SARATOGA, CA 95071 SARATOGA, CA 95071 BLACKWELL PROPERTIES 125 E SUNNYOAKS AV CAMPBELL, CA 95008-6607 BLACKWELL PROPERTIES 125 E SUNNYOAKS AV CAMPBELL, CA 95008-6607 BLACKWELL PROPERTIES 125 E SUNNYOAKS AV CAMPBELL, CA 95008-6607 GLAZER DONALD A &r ALICE A PO BOX 3687 SARATOGA, CA 95070-1687 FREEMAN JERRY E ~ LIANE D 13993 ALTA VISTA AV SARATOGA, CA 95070-5421 SMITH-COGGINS REBECCA 6~ DWAIN L 14005 OAK HOLLOW SARATOGA, CA 95070-5449 HSU WEN C TRUSTEE ETAL 14029 OAK HOLLOW SARATOGA, CA 95070-5449 BAC STANLEY &r SUSAN 13990 ALTA VISTA AV SARATOGA, CA 95070-5422 KU CHIA-CHIN &t SUNG-WU 20466 GERALD ZAPELLI CT SARATOGA, CA 95070-5400 SCHAEFFER THDIvIAS H TRUSTEE ETAL 13995 ALTA VISTA AV SARATOGA, CA 95070-0000 BLACKWELL PROPERTIES 125 E SUNNYOAKS AV CAMPBELL, CA 95008-6607 CHENG GARY Y TRUSTEE ETAL 14043 OAK HOLLOW SARATOGA, CA 95070-5449 LOS GATOS H S D SARATOGA, CA 95070-0000 WANG REN D TRUSTEE P O BOX 762 SARATOGA, CA 95070 r'~~-IAWANDIAN ABOLGHASSEM &c SMITH THEODORE Sz LILLIE LORTON LIA J TRUSTEE .IDOKHT TRUSTEE 13750 PRUNE BLOSSOM DR 13773 PRUNE BLOSSOM DR 13772 PRUNE BLOSSOM DR SARATOGA, CA 95070-4832 SARATOGA, CA 95070-4832 SARATOGA, CA 95070-4832 LONG KENNETH W 62 KERI K CHAPMAN JOHN T 6x KAREAN L NAVICO INCORPORATED 15858 MINA WY 15862 MINA WY 20480 BLAUER DR A SARATOGA, CA 95070-0000 SARATOGA, CA 95070-0000 SARATOGA, CA 95070 KIANG TEDDY TIAN 6z SYLVIA TE- n 12010 MAGNOLIA CT SARATOGA, CA 95070-0000 NAVID BAHRAM &r FATEMEH 12020 MAGNOLIA CT SARATOGA, CA 95070-0000 NAVICO INCORPORATED 20480 BLAUER DR A SARATOGA, CA 95070 ZAMANI FARHANG &t FERIALE~1 MORRIS IAIN M &r ALISON M NAVICO INCORPORATED 15867 MINA WY TRUSTEE 20480 BLAUER DR A SARATOGA, CA 95070-0000 P O BOX 2128 SARATOGA, CA 95070 CUPERTINO, CA 95015 ROSITANO DEAN J ~ JULIE T POLLACK PATRICIA R NASSER MOHAMMAD S &r DIANE S 18581 PETUNIA CT 15863 MINA WY 15859 MINA WY SARATOGA, CA 95070-0000 SARATOGA, CA 95070-0000 SARATOGA, CA 95070-0000 MOYLES MERVYN W &c HELEN B TRUSTEE 20560 REID LN SARATOGA, CA 95070-5369 LOWDERMILK THOMAS J 67 MOMOYO K 14031 ELVIRA ST SARATOGA, CA 95070-5829 ATONDO LUCY H &c ERNEST 14060 ELVIRA ST SARATOGA, CA 95070-5815 DEBROCK STEPHEN C Fu LOIS M 20546 REID LN SARATOGA, CA 95070-5323 HUANG KUOJIM Sz HUI-WEN DEBBIE 14091 SARATOGA-SUNNYVALE RD SARATOGA, CA 95070-5834 CALVANICO ESTHER R TRUSTEE 14063 SARATOGA-SUNNYVALE RD SARATOGA, CA 95070-5834 RATHJENS CORINNE L TRUSTEE 20575 REID LN SARATOGA, CA 95070-5322 RAD HOSSEIN EQ AZITA VIERRA GEORGE M JR &t LENA 20520 REID LN 14071 SARATOGA-SUNNYVALE RD SARATOGA, CA 95070-5323 SARATOGA, CA 95070-5834 DAHLBECK MICHAEL J Fs~ THERESA LAMBERT JOAN G TRUSTEE M TRUSTEE 14030 ELVIRA ST 14051 SARATOGA-SUNNYVALE RD SARATOGA, CA 95070-5615 SARATOGA, CA 95070-5834 CHAUDHRY ZAHOOR A Fst SAMINA Z 1725 MISSION ST SANTA CRUZ, CA 95060 GLUCK ROBERT Eu MYRNA TRUSTEE 20553 REID LN SARATOGA, CA 95070-5322 LIN JINGWEI &t YVONNE W 20587 REID LN SARATOGA, CA 95070-5322 ISAACSON KENNETH S &z LILLIAN S TRUSTEE 13960 LYNDE AV SARATOGA, CA 95070-5348 CULBERTSON DEBRA LICCARDO KATHLEEN A REED WILLIAM C TRUSTEE 20590 LYNDE AV 20588 LYNDE CT 20576 LYNDE CT _ SARATOGA, CA 95070-5312 SARATOGA, CA 95070-5312 SARATOGA, CA 95070-5312 CHIANG STEVE 6z YUCHEN WORDEN TERRY G TRUSTEE CHIANG KOH-SITYAN C &t LING JU 20564 LYNDE CT 20552 LYNDE CT L SARATOGA, CA 95070-5312 SARATOGA, CA 95070-5312 20540 LYNDE CT SARATOGA, CA 95070-5312 LALWANI RAJESH 8t SUNITA 20538 LYNDE CT SARATOGA, CA 95070-5312 WONG KENLEY H 6z NANCY T 20526 LYNDE CT SARATOGA, CA 95070-5312 TAN TIOW H ~ LIH C 20579 LYNDE CT SARATOGA, CA 95070-5312 WILLIAMS AMES L &t CAROLYN M- J YANG HSIA &r CLARA NICHOLS JACK D 6z NANCY A TRUSTEE 13896 LYNDE AV 13888 LYNDE AV 13904 LYNDE AV SARATOGA, CA 95070-5311 SARATOGA, CA 95070-5311 SARATOGA, CA 95070-5311 RAJAMANICKAM PAKKIRISAMY E~ VETRISELVI 20532 DEERPARK CT SARATOGA, CA 95070-5308 CHANG CHIA-PU &r SHOW-FEN CHEN 20520 DEERPARK CT SARATOGA, CA 95070-5308 JAMES DEAN B E¢ ETHEL B TRUSTEE 20518 DEERPARK CT SARATOGA, CA 95070-5308 LUI GRACE Y 20531 DEERPARK CT SARATOGA, CA 95070-5308 LEVIS JAMES J Eu MARY J 20557 DEERPARK CT SARATOGA, CA 95070-5308 REESE JOHN H &t JANET S TRUSTEE 13869 LYNDE AV SARATOGA, CA 95070-5310 ,__JSCHMAYER JOSEPH T JR &r DENNIS ROGER E E¢ GRETCHEN A HP,SSAN ZAHEER 8e NISHAT LISA A TRUSTEE 13893 LYNDE AV 13877 LYNDE AV 13885 LYNDE AV SARATOGA, CA 95070-5310 SARATOGA, CA 95070-5310 SARATOGA, CA 95070-5310 WITTWER WILLIAM R ~ KRISTEN HUANG YIREN &r YIHONG GEDDES JAY R TRUSTEE A 13909 LYNDE AV 13917 LYNDE AV 13901 LYNDE AV SARATOGA, CA 95070-5310 SARATOGA, CA 95070-5310 SARATOGA, CA 95070-5310 Attachment 5 830 Navaronne Way, Concord, CA 94518. (92589-4141 FAX (925)689-4188 Mr. Steve Prosser Public Safety Officer Community Development City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 Re: Permit information for the Saratoga Certified Farmers' Market Dear Mr. Prosser: Thank you for the request for our Use Permit information. I have enclosed the following information for your use. Completed permit application • Environmental Health Permit • Market operation update • Sign and banner location maps Market Sign Design Market Site Plan (entire parking lot and adjacent buildings/street) All parameters and conditions set forth by the Fire and Sheriff Department have remained in effect since our permitting procedure was completed last yeaz. Notwithstanding our recent changes in grower set-up times and noise abatement in the mornings, we have not changed anything regarding our operating procedures at the mazket site. Will you still require us to provide you with letters of approval of acknowledgement from the Sheriff's and Fire Departments? Please advise. You may reach me at 800-806-3276. Thank you for your help in this matter. Doug Hayden President A non profit grower organization May 4, 2004 J E -~ti~ ~o~/-l /~. -~ ~L~G La> fib f su.~r /.9~.F projcct Lxador Assessor Patccl Number (~l~ Project fx Applicant Applicant 300o c i i~cl,.r Applicantphonc$OO 800 3~~G .., Email Property Owner ~//, Property Owner Attdress ~ Propcrty Owuct PTwnc .~ S `~ F~~'~ 3Sf/ 787s Email _. under pcnalry of PeTI'uY• bereE declarep ~~ chat I am the applicant for this amend 1, the unditsigocd, bas ed rye film of this a cion and that all the facts, maps. tyc owner of the propary a ~~ are true correct, and accurate m the best of my knowledgc and bclfcf• othcr.infotmation submitted herewi It' the liatical is red, the tmdcratgned agrces that tl+c caa~ditiona. if auy. ti'P°A which ~ rppllcatien is gianced~will be ceteFull~oy bsesved and that the pmject will proceed in accordatKC with all Gry, Statc and Fakral Laws. I agrcc to hold the Gity hatmiese from all costs and expenses. ~`~"~~ acmritey fees ineumd by the CSty or held to _ ~~ding brpu tin any be she }lability of rye caty is eennection wish sthe II~ry in arty way with rrspett to~this appficaaon and arty State or Fcdcral Court challengl-1Q the Cfry amendment or revisions to this application. 3-05~ S Zip `~ tit Applicant or Property Owner ,J` • , Applicant's name: • ~ /_ w _ //1 i. r __ a~.- f Applicant's address: -~c7oc'J (.,/(,~'«-: ~~ ~-~ T~r~r ~v_•.. 9~' xame of property Owner: ~,pJ ~of~/01' ~i °~'A N'~' L~/~l Address of Property Owner: /1 Yd/ ff2~~1 iccrru w~vr ~ w-~~ Address ot_ site: SAIIA~ c-~ :sc.~c Activities planned (including sales oP goods, if any): Days and hours of operation:.SET^~l'~ 7A/'4 "9i4/S D~i?AT~J. . /i~/L /A/lL lJC~L~/ //"/1 Number of people involved in operation event: ,~ /'r~Ar/~ ~O /e.'~~ Number of people expected to attend the events /.Tco o " aooo Is food to be served? ~fes: „~_ No: ~J What kind of food, and how nerved? ~~~ C~ ~-r~~~ I/,~GGr,E ~,~/~ ~ GR/GC,Ed AIi,~J ~,Ert~~ .~'Zv.tf -~ d~ Number of sanitary facilities existing at site (one women's plus one man's equals two (2) facilities): 5/ Are on-site signs proposed (number and description)? `s ~f3~%/~i a A ~~r~F All documents and maps submitted ao required, become the property of the City of Saratoga and shall be subsitted with this applica- tion NO L11TER THEN THIETY (30) D71Y8 BSYORE THE PROP08ED DATE 0? TSE EpENT. e~w=88201I 1. Appropriate tees 2. Appropriate lettars of approval from the Fire District, Health Department and Shariff~a Department (soo section IIY, B and C) 3. Two (2) copies of site plan whioh shows the foll"owing: a. Designation of area to be occupied by use b. Existing structures and irprovements, as wail as pro- posed temporary structures c. Provision for off-street parking d. Site location diagram SEP-08-2004 12 :2E PM CA FARMERS MKT ASSOC 925 465 4692 P. 02 • • ENVIf~~ONMENTAL HEALTH PERMIT PERMIT HOLDER IS RESPONSI6LE FOR THIS PERMIT: Renew on W before explratbn date. if Permt[ Holder does not receive renewal notice present this Perms[ to the address below On or before the expiration date. Late payments are assessed a 25% penalty. PERMIT I5 NOT TRANSFERABLE k HAYDEN, DOUG MAY !E RlVOKED FOR CAUSl. Permit Is void on change cf owner. New owner CALIFORNIA FARMERS MARKET ASSO must apply and pay for permit (s) ppQl to 830 NAVARONNE VJY operation or penalties will be assessed at CONCORD, CA 94518 25°~• uARTA CLAHA COUNTY•DEPi+R'I'MENT OF ENVIRONMENTAL HEALTH ^-~ 1555 BERGER DR BLDG. 2; SUITE 300, SAN JOSE, CA 85112271fi 408-918-3400 ENVIRONMENTAL HEALTH PERMIT REGULATED FACILIri ; CF 4RM MKT-SARATOGA Facility ID: FA0240438 HERRIMAN AV Account ID: AR1241290 SARATOGA, CA 95070 Issuetl: 7I30I20D4 OWNER NAME : CALIFORi•11A FARMERS MARKET ASSO P.m,u• PT0440598 1801 -CERTIFIED FARR1ERS' MARKET Proprama PR0340548 CFARM MKT-SARA70G,a Valid From BI112004 to 8~31I2005 Ben Gale, Director of Environmental Health DISPLAY IN PUBLIC VIEW eootm~ i.°.~.os.oo C~~~~ o~ ~ ° ° BOO C~~ 13777 FRIJITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408.) 868-1200 lncomorated October 22, 1956 August 25, 2004 COiJNCIL MEMBERS: Stan Bogosian Kathleen King Norman Kline. Ann Waltonsmith Doug Hayden California Farmers' Markets Association 830 Navaronne Way Concord,' CA 94518 RE: 20300 Herriman Avenue 04-233 Dear Doug Hayden: The application has been deemed complete. The project has been scheduled for the. September 22, 2004 Planning Commission Meeting at 7:00 in the City Hall theater.' As requested, your application will be evaluated as an pplication for a Conditional Use'; Permit allowing for a Farmers'. Market to be held at Sar toga High School on Saturdays throughout the year. On September 21, 2004, the Planning Commission will conduct a site visit to review projects before the meeting .the next night. The site visits are normally around 12:00pm. Staff recommend§ the applicant is present to answer questions at the site visit: Staff will mail you ah agenda for the site visit. If you have any questions regarding your planning application, please call me at 868.1214. Sincerely, ~,~~,f .Steve Prosser Public Safety Officer County of Santa Cla~ Officc of the Shcriff 55 Wesl Younger Avenue San Jose. California 951 1 a 1721 (408) 29921 OI Laurie Smlrh Sheriff. _ _ - August 20, 2004 City of Saratoga Community Development/Code Enforcement Attention: Public Safety Officer Steve Prosser 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Saratoga Certified Farmers' Mazket Use Permit Location: Sazatoga High School, 20300 Herriman Avenue Date/Time: Every Saturday/9:00 a.m. to 1:00 p.m. Contact: Doug Hayden, President California Farmer's azket Association Saratoga Code Enforcement: The Sheriffs Office has no objections with granting a Use Permit for the Saratoga Farmers' Market. I suggest that the permit reserve the right to review or revoke the permit regarding any traffic or public safety concern. If you have any questions, please contact Sergeant William Tait at (408) 868-6600. Sincerely, LAURIE SMITH, Sheriff By: ~~-ic.+~.s't•-~ 't35~ /t John Hirokawa, Captain West Valley Patrol Division 14374 Saratoga Avenue Saratoga, CA 95070 .~, ~ARATOGA FIRE DISTRI(~ COUNTY OF SANTA CI.ARA 14380 SARATOGA AV. SARATOGA, CALIFORNIA 95070 Telephorw: 408-867-9001 Fax:408-667.2780 www.saratoeafire.com August 17, 2004 Steve Prosser, Public Safety Officer Cotnmunit3~ DevEloprnent Department _ __ City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 Re: Letter of approval for Farmers' Mazket Association Use Permit 2004 I have sent Doug Hayden this letter of approval for his event and becomes part of your Use Permit application. This is your copy of the letter. If you have any questions, please call me at 408-867-9001, extension 304. ~~-C Hal Netter, Fire Prevention Inspector farmers market approval wpy to city 2004.wpd SARATOGA FIRE DISTRICT SERVICE SINCE 1923 Doug and Gail Hayden California Farmers' Markets Association 830 Navaronne Vday -- -- Concord, CA 94518 Fire Department Clearance for Temporary Use Permit Mazch 23, 2003 I have received and reviewed the information you sent on the Farmers' Mazket event to be held at the Saratoga High School. This documerit becomes-the letter of approval and is part of the Temporary Use Permit to be issued by the City of Saratoga. These aze the conditions as required by Saratoga Fire District: 1. The location, date and times of the Farmers' Market are acceptable. 2. There shall be site maps showing evacuation routes from within the site. Recommended locations for these evacuation maps are at the end of each aisle and centrally located in each aisle. The purpose is to show dispersal areas for the crowd to go during an emergency. The dispersal areas can be the open azeas adjacent to the mazket and the parking lots adjacent to the mazket. 3. The fire access lanes azound the mazket shall be kept clear of any obstructions and no encroachment or parking is allowed. Participants can use the access lanes for travel to and from the pazking lots and safe dispersal areas but notto congregate. 4. Fire extinguishers for this event are required in accordance with California Code of Regulations (CCR) Title 19. (CFC 3208) Based on the size and type of activities involved, there shall be a minimum 2A class extinguisher for every 6,000 squaze feet of market. Maximum travel distance to an extinguisher is 75 feet. If there is any cooking other than food warming or cooking demonstrations, there shall be a minimunm l OB class extinguisher every 30 feet or at each booth containing cooking appliances that are greater than 30 feet apart. If any cooking operations use cooking grease or produce grease laden vapors then the requirement is a minimum 40B class extinguisher every 30 feet or at each booth containing cooking appliances that are greater than 30 feet apart. Additionally, any booth involved with cooking grease (such as deep flying) shall be a minimum of 20 feet from any other booth. (CFC 3216.3.3) This event shall be subject to site visits by the Saratoga Fire District. Any condition or situation deemed unsafe by the District shall be corrected or cease and the Sazatoga Community Development Department shall be notified. This letter becomes part of the approval package and a copy shall be kept on site during all events and shall be presented upon demand. Any questions can be directed to me at 408-867-9001, extension 304. ~C Hal Netter, Fire Prevention Inspector cc: Steve Prosser, Public Safety Office, City of Sazatoga 14380 Saratoga Ave. • Saratoga, CA 9`""'x-5953 • (408) 867-9001 • Fax (408) 867-2780 www•saratogafire.corn Saratoga Certified Farmers' Market Operation Update for Temporary Permit 2004 History Since the Saratoga Certified Farmers' Market opened in the summer of 1997 we have responded satisfactorily to each and every concern brought forth by the City, the Saratoga High School and the Saratoga community. When issues have been brought forth to us we have made every effort possible to cure them as fast as possible. Some of the issues include traffic and banner locations on city property, pazking overflow on school event Saturdays and most recently the construction of the Saratoga High School Performing Arts project. We take pride in being good neighbors as we provide this valuable community service of bringing the farms to Saratoga. Over the past 7 years we never received a complaint regarding noise resulting from the set-up of the market or music at our events. If a complaint had been registered we would have followed up with the problem and taken measures to cue it. It was not until last December that we were made awaze that eazly morning set-up noise at the market site was causing a disturbance. Since that time we have made several good faith attempts at curing this problem, dealing directly with the Los Gatos-Saratoga High School District, Principal Kevin Skelly of the Saratoga High School and Mr. Hugh Leo, a neazby neighbor. Setting up a system of near instant communication and feedback with Mr. Leo and Kevin Skelly has allowed us to eventually arrive at a solution to the eazly morning set-up noise at the market. New Operating Procedure for Farmers' Market Set-Up Previously, mazket management allowed farmers to download supplies and produce at the market site prior to lam. Unfortunately the noise from approaching trucks and downloading became noticeable and we have since prohibited this practice, allowing vendors and growers to enter only after lam. Since the beginning of Apri12004 the Mazket Manager now arrives at the market site between Gam and 6:15am to cone off the market entrances. He then guards the site entrances to enforce this new market requirement, turning away any market trucks that make the mistake of arriving too early. Market vehicles are actually asked to leave the school azea and return after lam. Page 2. Operation Update From lam to 7:30am the entire market site operates under the provision that all mazket participants unload and set-up their stalls without dropping equipment, loud talking or other noisy procedures. Non-compliance with this requirement will require vendors to be removed from the market on a permanent basis. It is important to be able to set-up the market starting at lam. Many of the mazket's farmers and food vendors need this time to prepare and set-up their stalls for the gam market opening. Starting the market at gam reduces operating time at the market during the hottest part of the day, avoiding wilted produce and over-heated customers. As a service to the Saratoga community we feel it is important to start the Farmers' Mazket no later than gam. As a side note, it is impossible to prohibit the local community from entering the school's parking lot prior to lam. On several occasions we have witnessed vehicles other than those associated with the Farmers' Market entering the parking lot and causing enough noise to wake nearby neighbors. Please do not associate the Farmers' Market with these pre-lam intrusions. Music at the Market We typically have amplified music at the Farmers' Mazket. Musicians are located within the market area, close to all the vendors. The volume of the music must not be too loud as to drown out the conversations and sales of nearby stalls. Therefore we assume that this volume is also low enough for neighbors over 200 feet away from the mazket. We have not received any complaints from nearby neighbors as of yet. In the event we incur a complaint we will adjust the volume and or direction of the musician's speakers to cure the problem. In conclusion, if and when the market is issued a complaint from the City, School District or neazby neighbors we enjoy the opportunity to cure the problem as fast as possible. Feedback about our operational procedures is important to us. We take pride in being good neighbors while bringing the finest fruits and vegetables from the faun to the Saratoga community -• ~~ x ... a a ____ ~~ ~ ,, ~~ ~, S. ~ fl ~ \ ~ \ ~ ~ ,, Faculty parking ~~ 0 .~ x 0 0 s Y .~~ ~~ ~r i °o > - } ~ ~c r n. ~' ~ ~H 4 ~ C ~ i A n/,~aJ /f/EQl~/t \` _ ',, • Sarafosa Market Site • .~ ~.~ >li~ ;:„~~: ,:. ~d.~.. :~.aL. E~~wi ~ ~ ~!ar ~ ~S w - is l 4'-I~ ;: ~ F-k~ vA ~ ~~~ .d .~ a 1' ' Bakery/Non-a$ . ~,,v ; ~}~: ~ - Market Aisle 14' wide ~r:;~s~,e~` f /ati f~ nltc~4~i.As ..~1 r~il~./'wn }^ll~J1... ..T::.b:iti:n~ t•1~; ~~ C,~v~ Chit" G"~7t~ ~~\ ;. W- cvLG~S -T'k,.~,M ~ . •~t~~ Market Aisle 14' wide r ~~~` b .~ r f~ ~-1 c~~.~ ~ ~ T~.4e~; t~.,._~o~c.,~ t l ~vt-L I i.,* 1.: - ~ -- ~... W 'i l~~:r. `~ : ;: r Sign location map Big Basin Way & Saratoga/Sunnyvale Rd. 1 1'~ ~ !,~I A ,9c ! ~ I V~ ` 1 l~t~ 1 i 1 _ _.:._._..~ I 1 -- _ ~ I '.~ ' 1 ,~, 1 ~ 1 ~ ~I I , d~ L I ~ I'~ i ~ ~ _. - '331Gz-RAS~~ _.vv~~ ' ~ ~~ b ~,~~ r ' f~ I ~. .~D ~~ P ~~~ ~ ~~ N ~~-~ 9~~• ~1~~` ~t • ~~~ ~ Sign location map Prospect Rd. & Saratoga/Sunnyvale Rd. i I I ~~~ i IF Ili ,~ ~. ;,, ~~ `Rza s ~~_ R~ , ;~ 5 Z L r ~~ q _ _- 9 ~ , ~ •~o Y ~ y ~ % V C~7 a N ~~ ~ ,~~ ~, ~ L^~ i ~ `' ~~ ~~~ i ~ `, .~, 1 ~~~ y____ _ _. I. , ~ _ - ___ _. ,,~ i I I ~I Sign location map Herriman Road & Saratoga/Sunnyvale Rd. ``1~~ ~~7 .~`y{~ • ~ / 1 I ^~ / ~' '~ I F I / Oros I ~- Herriman Road _~-~~ ' I i~-i, I Farmers' Market ~ ~ Banner I '' .) I. i D ~. u d ba_0 ~. ~ •q ~~ '~ I~11 E i ~ '/ /% ~f ~. __~--- ~~ ~~/ Sign location map Wardell Rd. & Saratoga/5nnnyvale Rd. ~ a~~`~ I ~~ 5~~~ \ O I. f~ ~. ~o ~` I kLRR~~ ~ - _.... -- __ __ ~ ~ i /~ Ip ~ ~ Traffic light pole ~' I l ~ '~ ! ! 1~Iarket sign ~ ,~ s ~ c i ~'! i K ~ ,:; ~ ~' rl ~ Ri ~', r C_~ 6 U aU ~g o :2 ~ ~ ~ ., aoueRua;ot ~u~.~d ~omq~ C bA ... s v ~, D S V ~, a~ a A C+ G O .., 0 a ~~ ~~~ ~~ 5~~ /~i y G ~..~ b 0 a CC _. .r L L ~~ Y ~ U 7 av b ~~ as :. d ~~ c ~J w i. ~" y L 6) -_ ~. L aou~Rua ;a~.~y~ pnog a~nn,fvvns~e~o;eaes . ~ ~ ~~ I 30"- 36" FARMERS' MARKET 36"- 48" .Typical farmers' market directional A-frame traffic sign All signs are white with red lettering Attachment 6 Hugh F. Leo September 8, 2004 Mr. Steve Prosser Public Safety Officer City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 Re: Application for a Conditional Use Permit to operate a Farmers' Market at Sazatoga High School Deaz Mr. Prosser: Doug Hayden, President of the Califomia Farmers' Markets Association, has submitted the subject application to the City of Sazatoga. Please provide this letter and attachment to the Planning Commission so that the members can consider both as they evaluate the merit of the application before them. The subject application presents three questions the Planning Commission should weigh in its deliberations concerning the Farmers' Market: 1) Does the Farmers' Mazket provide benefits the community values? The patronage of the Farmers' Market suggests the answer to this question is "Yes". 2) Will the Farmers' Market comply with the provisions of a conditional use permit, granted by the City and designed reasonably to mitigate the effects of its operation on the residents of the neighborhood immediately surrounding Sazatoga High School? As you will see, the performance of the Califomia Farmers' Markets Association at Sazatoga High School demonstrates that the answer to this question is "No". 3) Is Sazatoga High School an appropriate venue for the operation of the Fanners' Mazket? As you will see, circumstances on premises demonstrate that the answer to this question is "No". Because the answers to questions #2 and #3 are "No", for the reasons set forth below, the Planning Commission should deny the Farmers' Mazket application for a conditional use permit. Mr. Steve Prosser September 8, 2004 Page 2 Re: (#2) -Will they comply? The California Farmers' Markets Association consistently violated the provisions of its last-Temporary UsePermit,lhat expired. Apri12, 2004 and of its related agreement with the Los Gatos-Sazatoga Joint Union High School District. Details of this long-term failure to comply, including Mr. Hayden's own admissions, aze contained the May 17, 20041etter, attached as Exhibit #1, I submitted in connection with the Farmers' Mazket application for a Temporary Use Permit at that time. Since the Apri12 expiration of its last Temporary Use Permit, the Farmers' Mazket has been operating at Sazatoga High School subject to an accommodation from the City of Sazatoga, while the subject application is pending, and pursuant to a new agreement with the School District. The Farmers' Market is continuing its routine non-compliance, both with the provisions of its new agreement with the District and with the provisions of its last Temporary Use Permit, which continue to govern the Farmers' Market operation while its current application is pending e.g., a) The Farmers' Mazket is limited in the number of farmers that may sell at the mazket each week to a maximum of 40. Last Saturday, September 4, the Farmers' Mazket had 50 farmers selling on premises. b) The scheduled hours for the Farmers Market are 7:00 AM to 9:00 AM for set up, 9:00 AM to 1:00 PM for selling, and 1:00 PM to 2:00 PM for take down and clean up. Some farmers still arrive before 7:00 AM. The Farmers' Market never waits unti19:00 AM to commence selling, and usually starts by 8:OOAM to 8:15 AM. The Market rarely ceases selling by 1:00 PM. An increasing number of farmers are remaining on premises to at least 3:00 PM. In the past the California Farmers' Markets Association has consistently violated the provisions of its permits granted by the City and of the agreements it entered into with the School District. Presently, even as it awaits action by the Planning Commission on its application for a Conditional Use Permit, the Farmers' Market continues routinely to violate the requirements of the City and those of the School District that govern its operations at Saratoga High School. Consequently, in the future there is no reason to believe the Farmers' Market will comply with the provisions of any permit, temporary or conditional, granted by the City. Re: (#3) - Is the venue appropriate? The venue is not appropriate because of (a) the intensity of the utilization of the premises, (b) the capacity of the school administration to manage the premises, and (c) the recent posture of the school administration regazding City recommendations to mitigate the effects of activities requiring a permit to operate. Mr. Steve Prosser September 8, 2004 Page 3 a) When the Farmers' Mazket first arrived at Saratoga High School it was a much smaller operation and the utilization of school premises was at a much lower level of intensity. Now, however, the Market has grown to an authorized 40 farmers and an actual utilization by 50 farmers on a given Saturday. The activities of the school itself have increased substantially in recent yeazs, and it has become a de-facto community center with a variety of organizations, both within and beyond the community, making peak utilization of the classrooms, gymnasium, tennis courts, athletic fields and swim facilities on the weekends. Irrespective of their relative educational purpose or intrinsic merit, these activities do not operate in a vacuum. They have an aggregate impact on the residents of the surrounding neighborhood in terms of noise, traffic congestion, parking, etc. These uses and related effects are likely to intensify in the future, with the recent improvement of the athletic fields and the future completion of the PAL. Of course, the school was here when nearly all' of the neighbors purchased their homes. However, this should not constitute license for the unlimited, unregulated use of the school premises for all purposes (educational and otherwise) by any organization or party (within~or beyond the community) without regazd to the aggregate impact that on-campus activities and events have on the residents of the neighborhoods immediately surrounding the school. Few, if any of us, could have reasonably anticipated the transformation of Saratoga High from simply a high school to a school and amulti-yeaz development-construction site and a community center and a magnet swim facility and an all weather athletic facility and, soon to be, an entertainment venue, and a Farmers' Mazket. Much of this is beyond the purview of the Planning Commission because Sazatoga High School can exempt itself from City ordinances in connection with activities conducted for educational purposes. The exemption seems to be at the discretion of the School District, which some would say has, from time to time, applied a rather liberal standard to its definition of the term "educational purposes". Here, however, the City has clear-cut jurisdiction, and the Planning Commission has an opportunity to provide the neighbors a degree of relief by denying the subject application, thereby removing the Farmers' Mazket as a contributor to the overall noise and congestion emanating from Saratoga High School on Saturdays due to activities the Planning Commission cannot otherwise influence. Mr. Steve Prosser September 8, 2004 Page 4 b) In response to concerns I have voiced about activities and events at Sazatoga High, on several occasions school administrators have told me directly, "We have no way of knowing what happens on-campus outside of school hours, unless the neighbors tell us." While this may be true in some absolutist sense, it is a position that would relieve~Ite school o the responsibility to make provisions for what it otherwise might reasonably anticipate from the activities and events it authorizes on-campus. For example, until this past May the school's agreement with the Farmers' Mazket did not even contain a remedy for a breach of the operating requirements in the agreement. Furthermore, school administrators had full knowledge the last agreement was being routinely breached by the Farmers' Mazket, yet they made little or no effort to enforce their own agreement. Perhaps this is understandable. The school is not in the business of operating commercial property, even though they have assumed such obligations with the uses they have authorized. The administration certainly has more important day-to-day priorities than trying to compel performance by a recalcitrant part-time user of the premises. Since these circumstances aze not likely to change, future improvement is not likely to occur. c) The school administration is not cooperating with the City to mitigate the effects of the Farmers' Market operation on the residents of the neighborhood immediately surrounding Sazatoga High School. In May of this yeaz the Farmers' Mazket was awaiting administrative action on its application for a Temporary Use Permit. An administrative approval was not forthcoming because both the school administration and Doug Hayden refused to modify their agreement to comply with the recommendation of City staff that the Farmers' Market schedule be changed to require set up to commence no earlier than 8:00 AM, with the reasoning that selling would then more naturally begin at the original objective of 9:00 AM. If the Planning Commission approves the subject application, it will engage the City in a relationship with the Farmers' Mazket and the school that is destined to fail. The failure will be precipitated by the casual disregazd of the applicant for any restrictions applied to its operations and will be enabled by the benign neglect of the school. Those who will suffer in this scenario aze the City itself and the neighbors of Saratoga High School. City staff, already burdened with substantial responsibilities and limited resources, will Mr. Steve Prosser September 8, 2004 Page 5 be faced with having to compel compliance with the conditional use permit, instead of relying mainly upon business-like cooperation from the permit-holder, as would ordinarily be the case. The neighbors will continue to be subject to noise, congestion and continuing disregazd for any reasonable standazds of performance that have become the personification afthe Farmers' Market at sarato~a High School. Consequently, the Planning Commission should deny the application by the California Farmers' Markets Association for a conditional use permit to operate a Farmers' Market at Saratoga High School. Sincerely, Hugh F eo Attachment 7 Hugh F. Leo May 17, 2004 Mr. Steve Prosser Public Safety Officer City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 __ Re: Application dated May 3, 2004 for a Conditional Use Permit to operate a Farmers' Market at Saratoga High School Dear Mr. Prosser: The City of Saratoga is now considering an application by Doug Hayden, President of the California Farmers' Mazkets Association, for the subject permit. I am writing to comment upon the merit of the materials submitted by Mr. Hayden in support of his application and to request a particulaz standard be applied to any permit that may be granted. In the "Operation Update for Temporary Permit 2004" accompanying Mr. Hayden's application he states: A) "Over the past 7 years we never received a compl t regazding noise resulting from the set-up of the market or music at ur events...It was not until last December that we were made awaze that a ly morning set-up noise at the mazket site was causing a disturbance." B) "When issues have been brought forth to us we have made every effort to cure them as fast as possible." C) "Setting up a system of neaz instant communication and feedback with Mr. Leo and Kevin Skelly has allowed us to eventually arrive at a solution to the early morning set-up noise at the mazket " D) "As a side note, it is impossible to prohibit the local community from entering the school's pazking lot prior to 7 am...Please do not associate the Farmers' Mazket with these pre-lam intrusions." Re: (A) I am not is a position to judge the accuracy of this statement. It seems to me the inferences Mr. Hayden would like us to draw from his statement are that if there have been no complaints there have been no noise disturbances and if there have been no disturbances there must have been compliance with the permit granted by the City. This is not necessarily true. I acknowledge the first complaint I made was in December of 2003. However, early morning noise disturbances emanating from the Farmers' Mazket had been occumng for over a year by that time. At first the disturbances were only occasional. Eventually they became consistent. Then they shifted from brief to ongoing. Thereafter, their decibel Mr. Steve Prosser May 17, 2004 Page 2 levels increased materially. Finally, their hour of commencement shifted from shortly before 7 AM to as eazly as 4:30 AM. At every_stage along_the way_Igave the-Fanners' Mazket the benefit of_the doubt, preferring to view the events as temporary exceptions as opposed to complaining about what in retrospect was becoming a standard. The payoff for practicing patience became ever more egregious violations of the Conditional Use Pemut. Finally, when the frequency, duration, decibel level and hour of the disturbances became absolutely intolerable and obviously a permanent standazd of performance, I made my first complaint in December 2003. Re: (B) According to my experience with the Farmers' Market, this statement is false. Following my first complaint last December nearly five months of emails, subsequent complaints, telephone calls and meetings, requiring my time and that of Dr. Skelly and Ron Adolphson, ensued with no credible resolution to the problem, even though we were seeking no more from the Farmers' Mazket than compliance with the Conditional Use Pemut the City granted them in April of 2003. It was not until shortly after Apri12, 2004, the expiration date of the Farmers' Mazket use permit, that they began pursuing any efforts to respond to our concerns regarding their non-compliance with your permit. It was not until three weeks ago that they made any regulaz and concerted effort to comply. That was Saturday, May 1 i.e., two days before the application date of Mr. Hayden's current request for new Conditional Use Pemut. I do not believe the proximity of these dates is coincidental. It raises a reasonable doubt concerning whether an effort to comply will continue once there is no longer a pressing urgency to secure a new pernut. Re: (C) Doug Hayden provided me with the cell phone number of his site manager, Frank Nichols. Perhaps this is the "system of neaz instant communication and feedback" to which Mr. Hayden refers. Such a "system" has little to do with "a solution to the eazly morning set-up noise at the mazket". If instant communication and feedback are required, the system will have failed because another early monng noise-disturbance will already have occurred. Implicit in Mr. Hayden's statement is an assumption that somehow Dr. Skelly or I have a responsibility to initiate the enforcement of the farmers' compliance with the permit through our complaints or other communications. On the contrary, I believe it is time for Mr. Hayden to shift from a reactive to Mr. Steve Prosser May 17, 2004 Page 3 C~ a proactive posture and to accept responsibility for complying with the permit as it has been granted. The provisions contained in the permit aze not optional. They should be observed whether or not there are complaints or -_ ocher involvement by-any third-parties. Re: (D) There is no confusion concerning whether the sources of the eazly morning noise disturbances to which I have referred are indeed Farmers' Mazket participants. They are. I have personally observed them setting up their stands. On occasion I have given their names to Doug Hayden. He has likewise acknowledged their identities in emails to me, copies of which aze available at your request. If a new permit is granted to the Farmers' Market, I am hereby requesting its terms and conditions are drafted to be comprehensive in scope, detailed in description, explicit as to remedies, including termination, for breach of its conditions, and subject to zero- tolerance enforcement. Whether my request is reasonable and necessary toms on the uestion of whether Doug Hayden made a good faith effort to comply with the terms an conditions of the permit granted to him by the City of Saratoga on or about Ap '13, 2003 and to comply with his related agreement with the Los Gatos-Saratoga High chool District to conduct a Farmers' Mazket at Saratoga High School. When a party. 1) freely enters into an agreement, and 2) understands and acknowledges the obligations undertaken, and 3) possesses the capacity to comply with the agreement, but 4) willfully refuses to perform in accordance with the agreement, a prima facie case of dealing in bad faith is thereby established. Re: (1) Doug Hayden applied to the City for a Conditional Use Pemvt that was granted on or about Apri13, 2003, to secure authorization for his operation of the Fanners' Market at Saratoga High School in accordance with specific terms and conditions. Re: (2) "The City of Saratoga permits us to set-up between the hours of lam and 9am." Doug Hayden in an email to Huph Leo on December 22003. Re: (3) "I feel that the 7 am no entry/quiet time is a very important [SIC] perimeter as it has been added to our Rules and Regulations specifically for the Sazatoga mazket. Everyone is willing to adhere to the new rule (emphasis added)... We will be [SIC] vigilent as we look at this problem as a `zero tolerance' rule." Doug Hayden in an email to Huptt Leo on Mazch 27, 2004. Mr. Steve Prosser May 17, 2004 Page 4 Re: (4) "If, after several attempts, downloading prior to 7 am (emphasis added) in this manner is still too noisy, we will stop it [SIC] alltogether." Doug Hayden in an email to Hugh Leo on December 3 2003. Re: (4) "Previously, market management allowed farmers to download supplies and prodUee at the market site prior to 7 am. " (emphasis added) Doug Hayden in his `Operation Update for Temporary Permit 2004' accompanyins his current permit application. (Copies of email messages containing the quotes of Doug Hayden aze available upon request.) 1n his own words, describing his own actions and beliefs, Mr. Hayden demonstrates dealing in bad faith with respect to both the Conditional Use Permit and the Right of Entry and Use Agreement for the Farmers' Mazket at Saratoga High School. Consequently, the definition and enforcement of any future permit granted to the Farmers' Market must be materially more stringent than that of any prior permit, if there is to be any reasonable expectation of compliance, rendering }ny request both reasonable and necessary. I Sincerely, ~ ,~fugFc ~: Leo Hugh F. Leo cc: Ron Adolphson Dave Anderson Kevin Skelly Attachment 8 AGREEMENT FOR USE OF SARATOGA HIGH SCHOOL PROPERTY BY SARATOGA CERTIFIED FARMERS' MARKET This Agreement (hereinafter "Agreement") is made and entered into by and between Los Gaffs-Saratoga_H~,i h_ School District thereinafter referred to as "Dstricct'), a California Public Corporation, and the Califomia Farmers' Mazkets Association (hereinafter "CFMA"),anon profit mutual benefit corporation, for the provision ofmanagement and operation of the Saratoga Certified Farmers' Market. BACKGROUND CALIFORNIA FARMERS' MARKETS ASSOCIATION Califomia Farmers' Markets Association, a Califomia Non Profit Mutual Benefit Corporation, dedicated to the concept "Fresh from the Farm", operates Certified Fanners' Mazkets in the Greater San Francisco Bay Area. With participation of over 300 farms and producers throughout Califomia and the combined staff experience of over 50 years in developing and operating Certified Farmers' Markets, CFMA is able to successfully integrate Certified Farmers' Markets into cities and their nearby communities. WITNESSETH WHEREAS, CFMA exists for the purpose of developing, organizing, operating and managing "Certified Farmers' Markets" as such term is defined in Section 27512 of the California Health and Safety Code and Article 6.5, Title 3 of the Califomia Administrative Code; and WHEREAS, CFMA desires to organize, operate, maintain and manage a Certified Farmers' Market at the Saratoga High School on property owned and maintained by District for the benefit of and use by members of the general public; and WHEREAS, District desires to permit such use by CFMA, provided that the public health, safety and welfare aze not thereby impinged, diminished or adversely affected; and WHEREAS, the CFMA has the experience and expertise in operating, mazketing and managing certified farmers' markets and CFMA maintains in-house talent and resources to accomplish the tasks necessary to successfully operate the Saratoga Certified Farmers' Market; and THEREFORE, the CFMA and District agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement is for the twelve (12) months beginning May 18, 2004 and ending May 18, 2005. The tern shall be automatically extended on an annual basis unless either party gives the other party sixty (60) days notice of its intent to terminate the Agreement. 2. AREAS AND HOURS OF USE. a. Permission is hereby granted to CFMA to use and utilize for a Certified Farmers' Market a portion of the School parking lot on Herriman Avenue (heLeinafter the "Permitted. Area"), _as_described on the siteplan attached as Exhibit A. CFMA management or staff shall cone off the Permitted Area between 6:00 AM and 6:15 AM and shall enforce compliance with the authorized hours of access and operation pursuant to this Agreement. Access to all School property including the Permitted Area is otherwise prohibited before 7:00 AM. Authorized Parties shall set up their stalls between the hours of 7:00 AM and 9:00 AM and shall take their stalls down between the hours of 1:00 PM and 2:00 PM. The market may be open for business between the hours of 8:00 AM and 1:00 PM. The Authorized Parties shall depart the Permitted Area and all School property no later than 2:00 PM. CFMA management or staff shall remain at the Permitted Area until all stalls are completely disassembled and packed for removal and the site is clean. At its sole discretion the District may from timar to time relocate the Permitted Area or reduce the Hours of Access & Operation of the Farmers' Market to accommodate another temporary use~lof the Permitted Area or School Property. In such an instance, the District shall give CFMA at least two (2) weeks prior written notice of such a change. 3. TYPE OF USE. The use for which permission is granted is the development, organization, operation, maintenance and management of a Certified Farmers' Market in accordance with all applicable laws and regulations of the State of California and in compliance with all provisions of any Conditional Use Permit granted by the City of Saratoga, and for no other use or uses whatsoever. 4. AUTHORIZED PARTICIPANTS. The persons granted permission of entry and use of the Permitted Area pursuant to this Agreement are the managers and staff of CFMA and those farmers who have entered into an agreement with CFMA in the form attached hereto and made a part hereof as Exhibit B. No more than 40 farmers shall be allowed the right of entry and use of the Permitted Area on any Saturday. 5. MAINTENANCE. CFMA shall keep and maintain the permitted area free and clear of any and all trash, refuse, garbage debris or litter arising from or incidental to its use of the property as permitted hereby. CFMA shall not commit, suffer or permit any waste on the permitted area. 6. COMPENSATION. CFMA will pay Seventy-Five Dollars ($75.00) to District for each day the market operates. The payment will be issued monthy no later than the last day of the month via US mail to the District address: 17421 Fazley Road West, Los Gatos, California 95030. 7. PENALTIES AND DEFAULTS. The terms of this Agreement shall be interpreted and enforced strictly. a. CFMA shall pay District the sum of $100.00 as additional rent each time a farmer who is an__Authorized Participant pursuant to an agreement with CFMA arrives at the School prior to 7:00 AM. Payments of additional rent are due no later than the last day of the month in which the associated violation occurred. b. At its sole discretion District may terminate this Agreement with fourteen (14) days prior written notice to CFMA if (i) three (3) violations authorizing an assessment of Penalty Rent occur in any month or if a total of five (5) violations authorizing an assessment of Penalty Rent occur at any time during the term of this Agreement, or (ii) if CFMA is in default of any provision of this Agreement or any provision of the Conditional Use Permit granted to CFMA by the City of Saratoga and such default is not cured with fourteen (14) days following receipt by CFMA of a notice of the default from District or from the City of Saratoga. 8. INSURANCE. CFMA shall, at all times during which this Agreement remains valid and in effect, take out and maintain in full force and effect a policy or policies of public liability insurance for the death or injury of any person or persons or damage to property resulting from or incidental to the use permitted hereby, in the amount of Three million Dollars ($3,000,000.00). District, its Boazd members, officers, agents, volunteers, students and employees shall be named as additional insureds under such policy or policies. This policy of liability insurance shall be primary insurance for any claims relating to CFMA' S use of property. CFMA shall, prior to the initiation of the use permitted hereby, supply District with certified copies of such insurance policy or policies, or an acceptable certificate thereof, which policy, policies or certificate shall provide that the insurer shall give District thirty (30) days advance written notice prior to its cancellation of such policy or policies. 9. INDEPENDENT CONTRATOR STATUS. It is understood CFMA is not acting hereunder in any manner as an employee, agent or representative of the District, but solely under this Agreement as an independent contractor with no connection to the members or employees of the District, or their known relatives. The District shall not, under any circumstances, be liable to CFMA or any person or persons acting for any such liability azising by virtue of negligence or intentional acts by the District, its board members, officers, members, agents or employees. 10. LICENSES AND CERTIFICATES. CFMA shall at all times observe and obey all applicable ordinances, resolutions, rules and regulations of City, County, State and Federal law and shall obtain and maintain all necessary permits, certificates, and licenses required to operate a Certified Farmers' Market in Saratoga. CFMA shall ensure that all Authorized Participants obtain and maintain all necessary permits, certificates, and licenses required pursuant to the Certified Farmers' Market regulations, local City, County, State and Federal laws. 11. INDEMNIFICATION. CFMA agrees to indemnify, defend and hold District harmless from and against any and all claims, actions, causes of action or liability of any kind or nature whatsoever, for damages arising out of any injury to or death of any person or persons, or property of any kind and to whosoever it may belong, including District occun-ing in, or resulti~ from, CFMA sponsored-events on the premises or arising out of or in any manner connected with CFMA's use of District property. 12. NONDISCRIMINATION. CFMA agrees that no person shall, on the basis of race, color, religion, ancestry, national origin, sex, age, medical condition or physically handicapping condition, pursuant to California Government Code Section 12990, be excluded from participation in, be denied the benefits of, or be subjected to discrimination at the Farmers' Market or in the process of managing or operating the Farmers' Market. 13. NOTICES. Notice required by this agreement shall be personally delivered or mailed, postage pre-paid, as follows: To: Doug Hayden, President California Farmers' Markets Association 3000 Citrus Circle, Suite l 11 Walnut Creek, CA 94598 To: Bob Peterson, CBO Los Gatos-Saratoga High School District 17421 Farley Road West Los Gatos, California 95030 Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail. 14. ENTIRE AGREEMENT. This Agreement, including any exhibits attached hereto and initialed by the parties, constitutes the entire agreement and understanding between District and CFMA, and it supercedes any prior agreements between District and CFMA. This Agreement maybe altered or amended only in a writing signed by both Parties. 15. WAIVER. No waiver of any provision of this Agreement or any rights or obligations of any Party hereunder will be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver will be effective only in the specific instances and for the specific purpose stated in such writing. ] 6. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives and successors. This Agreement may not be assigned. 4 ' ,. ~ 17. CHOICE OF LAWS /ATTORNEYS' FEES. This Agreement shall be interpreted in accordance with the laws of the State of Califomia without regard to or application of conflicts of law rules or principles. District and CFMA agree and consent to jurisdiction in the state or federal courts in Santa Clara County, Califomia. If action is taken by either party to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees together with costs and expenses incurred in pursuit thereof. 18. SEVERABILITY. Should any part of this agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 16. AUTHORITY TO EXECUTE. The Board of the Los Gatos-Saratoga Union High School District was authorized to execute this Agreement by action of the Board of the District on May 18, 2004. LOS GATOS-SARATOGA UNION HIGH SCHOOL DISTRICT Date: By: Bob Peterson Title: CBO Address: 17421 Farlev Road West CALIFORNIA FARMERS' MARKE~' ASSOCIATION By:_ Title: Address: City: Los Gatos State: CA Zip: 95030 City: State: CA Zip: SARATOGA CITY COUNCIL MEETING DATE: December I, 2003 AGENDA ITEM: ~, ORIGINATING DEPT: City Manager's Office CITY MANAGE PREPARED BY: Lorie Tinfow DEPT HEAD: SUBJECT: Code Enforcement Position Vacancy RECOMMENDED ACTIONS: Accept report and direct staff accordingly REPORT SUMMARY: As part of the budget reductions for 2003-04, a staff hiring freeze was enacted with exceptions for department directors and essential employees. The Community Services Officer left in the spring of 2003 and that position was frozen. The Public Services Officer continued to provide code enforcement services but left the City for another opportunity in October. Since that time, an interim PSO was brought in on a part-time basis to provide services. At this time staff requests direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. In addition, if Council decides to continue code enforcement services, staff recommends filling the Community Services Officer position. The Community Services Officer (CSO) performs the following tasks: The CSO is charged with enforcing City and State codes, ordinances, and regulations related to trees, pazking, abandoned vehicles, animal control, building and zoning, and noise abatement. This position observes violations or receives reports of violations or complaints from citizens or other city personnel. The Community Service Officer is under the direct supervision of the Building Official. FISCAL IMPACTS: If the position is filled, no additional staffing costs will be incurred because the position has been funded in the 2003-04 budget. If the position is not filled, a savings of approximately $65,000 annually in salary and benefits could be realized. ALTERNATIVE ACTIONS: Authorize the City Manager to move forwazd with filling the vacant position. Reconsider City services and choose not to continue to provide code enforcement services. FOLLOW UP ACTIONS: Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: ^ None SARATOGA CITY COUNCIL , MEETING DATE: December I, 2004 AGENDA ITEM: '~~~ ~~J ORIGINATING DE~T~ity Manager'~I'tice CITY MANAGED: /l PREPARED BY: DEPT HEAD: SUBJECT: Request for Council Agency Assignments and Adhoc Committees RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Each year in conjunction with the Council reorganization the City Council makes new outside agency and AdHoc Committee assignments. For your information I have attached Resolution 03-078 & 04-053 (Attachment A & B), a brief informational summary about the various agencies and a master schedule (Attachment D). As of July 1, 2004 the City Council is no longer assigned to the City's seven Commissions. Please review the attached information and submit assignment preferences to the Mayor by 5 p.m., December 8, 2004. The final assignment matrix will be brought back for Council consideration on December 15, 2004. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council representatives to various agencies and Council liaison to various AdHoc Committees will remain the same as last year. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send notice of appointment out to all agencies and AdHoc Liaisons. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Resolution 03-078 & 04-053 Attachment B -Informational Summary Attachment C -Master Schedule RESOLUTION NO. 03-078 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES WHEREAS, the City Council reorganized on December 9, 2003, for the coming yeaz; and _~ _.~ WHEREAS, representatives from the City Council serve on various committees, commission and agencies; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the vazious organizations to which the City Council sends representatives, the following representatives agree hereby appointed to the committees, commissions, and agencies named, through December 2004, or until replaced. Agency Councilmember Alternate Association of Ba Area Government Kline Bo osian Chamber of Commerce Kin Kline Count Cities Association Le .Task Force Kin Kline Count HCD Polic Committee Bo osian Kin Emer enc Plannin Council Bo osian Streit Hakone Foundation Liaison Waltonsmith Kin KSAR Communit Access TV Boazd Bo osian Streit Libr Joint Powers Association Kline Bo osian Northern Central Flood Control Zone Bogosian Waltonsmith Adviso Boazd Peninsula Division, League of California Kline Waltonsmith Cities Santa Clara County Valley Water Streit Kline Commission Santa Clara Count Cities Association Waltonsmith Kin Sazato a Historical Foundation Waltonsmith Streit Kin Waltonsmith SASCC Liaison Waltonsmith Streit Sister Cit Liaison Streit Waltonsmith West Valley Solid Waste Joint Powers Association Valle Trans ortation Authori PAC Kin Kline West Valle Sanitation District Streit Klme Silicon Valle Animal Control JPA Streit Kline West Valley Mayors & Managers Monthly Waltonsmith I{ing Meetin SBDC Unofficial Kline Kin Waltonsmith Arts Commission • Finance Commission Waltonsmith Kin Herita a Preservation Commission Bo osian Kline Libr Commission Kline Bo osian Pazks and Recreation Commission Streit Plannin Commission Kline Kin Public Safet Commission Streit Waltonsmith Youth Commission Streit Kline Cit /School Ad-Hoc Committee Kin Streit Council Policies Ad-Hoc Committee Kline Bo osian LAFCO Ad-Hoc Committee Kline Waltonsmith Wine Ad-Hoc Committee Mt Kline Kin . Norton Road Ad-Hoc Committee Streit Ktn VTA Restroom Ad-Hoc Committee Waltonsmith Kline Villa e Ad-Hoc Committee Kline Kin West Valle Colle e Ad-Hoc Committee Waltonsmith Streit Vision for Sarato a AdHoc Streit Kin Boundary Drop Oversight Committee Streit City Manager (Additional City members) & Safety Commissioners The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regulaz meeting held on the 17`" day of December, 2003, by the following vote: • AYES: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT: None ABSTAIN: None ~ a k Ann Waltonsmith, Mayor RESOLUTION N0.04-053 RESOLU'T'ION OF `THE CI'T'Y COIJNCIL O~''I'1tIE CITY OF S,AItATOGA AMENDING RESOLtJTIiJN Q3-(178 APPOINTING COUNGLI. REI'Rl?~SENTATIVES'>l'O COMIVIIT`tE~S AND AG~NCII WITEREA9, the City Council reorganized on December 7, 2003,. for the corning y¢ar; and WHEREAS, representatives il~om the City Council serve on various canvmittees, commission and agencies; and WHEREAS, the responsibility for representing the City Council should be shared by all its mtmbers. NOW, THEREFORE, BE IT RESOLVED that following changes be made to the Valley Transportation Authority PAC. 't'his change expires on December 2004, or until replaced. Agency CouncTlmember Alternate Valley Transportation Authority PAC wig-Kline die J{ng Silicon Valley Animal Contml Authority. l4li~ie King. Streit Kline The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular. meeting held on the 16`x' day of June, 2004, by the following vote: AYES: Councilmeinbers Stan 13ogosian, Norm Kline, Nick Streit Vice Mayor Kathleen King, Mayor Ann. Waltonsmith NOES; None ASSENT: None ABSTAIN: None Ann Waltonsmith, Mayor s Saratoga Citv Council Committee/Agency Information Sheet Association of Bay Area Government (ABAGI ABAG is the Regional Planning Agency for the nine County Bay Areas. Executive Boazd meetings are held quarterly, however a representative appointed by the Santa Clara Cities Association represents Sazatoga along with other cities in Santa Claza County. The only meeting a Councilmember may actually need to attend is the annual General Assembly held in Oakland in the spring, date and time to be announced. Saratoga Chamber of Commerce Both the Mayor and City Manager serve as ex-officio members of the Chamber of Commerce Board. In 2002, meetings will be held on the fourth Wednesday of every month at 6:30 p.m. at West Valley College-President's Board Room. Santa Clara County Cities Association Legislative Task Force The Task Force is an advisory body to the Crties Association which reviews pending state and federal legislation for potential impacts to cities. Occasionally, the Task Force will recommend positions for the Cities Association and individual City Councils to take on specific legislation. The Task Force usually meets five to six times a year on the fourth Thursday of the month at 5:30 p.m. at the Sunnyvale City Hall. Santa Clara Countv Housing and Community Develoument (HCD) Council Committee The HCD Council Committee is comprised of local elected officials who review and recommend policies and priorities concerning the County's Housing & Community Development, and Community Development Block Grant Programs (CDGB) to the County Board of Supervisors. The Committee's meeting schedule varies, but it generally convenes six to eight times throughout the year at the offices of the County Housing Authority, 505 West Julian Street, San Jose. Santa Clara Countv Emergency Council (EPC) The EPC is comprised of City and County representatives who review and prioritize emergency planning efforts at the countywide level. The EPC meets quarterly at the County EOC usually on the third Thursday of the month at 12 noon. Hakone Foundation Board According to the Lease Agreement between the City of Saratoga and the Hakone Foundation that was signed on October 18, 2000 two members of the City Council will serve on Hakone Board and one member of the City Council to serve on the Executive Committee of the Foundation. The Board meets third Monday of every month at 8:00 p.m. at the Cultural Exchange Center in the gardens. KSAR Community Access CATV Foundation Board One member of the City Council, along with the City manager, represent the City on the Community Access Television Boazd. Other Boazd members include one Trustee from the West Valley-Mission College District Board, one staff member from West Valley College, and three public members who must be Saratoga residents and who aze selected jointly by the four City and College Boazd members. The CATV Boazd established policies and priorities for the management and operation of the local community access television station, which are then implemented by the Community Access Coordinator. Currently, the Board meets on the second Thursday of every month at 12:00 p.m. at City Hall. Santa Clara County Library System Joint Powers Authority Board Each city, which is a JPA member, along with the County, has a representative on the JPA Board. Board members aze elected officials of the JPA member agencies. The Librazy JPA is the policy making and governing body of the County's library system, of which Saratoga Community Library is a part. The Library JPA is currently meeting on a quarterly basis. Santa Clara Water District North -Central Flood Control Zone Advisory Committee The Water District provides flood control activities throughout the county via five flood control zones which fund these activities through benefit-assessments levied against properties within each zone. The City of Saratoga is locates entirely within the North- Central Zone of the District. Each zone is served by an advisory committee of elected and appointed representatives of the cities within the zone. The purpose of the advisory committee is to formulate recommendations on flood control efforts within the zone to the Water District's Board of Directors. The North-Central FCZ Advisory Committee generally meets four times per year in February, May, September, and November on Wednesdays at 11:30 a.m. at the Rinconada Water Treatment Plant on More Avenue in Los Gatos. League of California Cities Peninsula Division Sazatoga, by virtue of its location, is situated within the peninsula Division of the League of California Cities. The League serves to represent the interests of all California cities by advocating public policy at both the state and national levels. Official League policy is formulated through system of committees, departments and divisions, the latter of which is comprised of elected officials from each city within the division. The Peninsula Division of the League meets on an as-needed basis, generally several times each yeaz, at a location usually within southern San Mateo County. 2 Santa Clara Vallev Water District Water Commission Similaz to the Flood Control Zone Advisory Commtttees, the Water District's Water Commission advises the Water District Board on water supply issues in Santa Claza County. The Commission is mostly made up of elected official who represent the cities within the county, although staff members appointed by their City Councils represent some cities. The Water Commission meets two or three times per year on Wednesday mornings at 9:00 a.m., also at the Rinconada Water Treatment Plant in Los Gatos. Santa Clara County Cities Association (City Selection Committee) The Cities Association serves as a forttm for the 15 cities wIIhm Santa Clara County to discuss issues of mutual concern. It is staffed by former Sazatoga councilmember and mayor Marty Clevenger, whose title is Executive Director. Each city is represented at meetings of the Cities Association by one city councilmember, and meeting aze held on the second Thursday of every month at 7:00 p.m. at Sunnyvale City hall. Occasionally, the Cities Association will convene as the City Selection Cormittee to perform certain statutory obligations relating to the appointment of city representatives to various county and regional bodies such as LAFCO, the Air District Board, ect., however no additional meeting result because of this. Saratoga Area Senior Coordinating Council Liaison One member of the City Council serves as hatson to the SASCC Board to maintain open communications between the City and SASCC. The Board meets on the third Monday every month at 9:30 a.m. at City Hall. Saratosa Sister Citv Committee Liaison One member of the City Council serves as liaison to the Sister City Committee, which meets the first Tuesday of every month at 7:00 p.m. usually at the Community Center. The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen Sazatoga's relationship with its sister, city, Muko-Shi, in Japan. West Vallev Solid Waste Joint Powers Authority This JPA consists of the west valley crttes of Campbell, Los Gatos, Monte Sereno, and Saratoga formed a JPA to coordinate efforts in carrying out solid waste collection and disposal activities, and in meeting the mandates of AB939, the States' Integrated Waste Management Act. Because the four cities have similar demographics and are served by the same solid waste hauler and disposal service, a coordinated approach to solid waste management in the west valley makes good sense. The JPA is served by an Executive Director who is a private consultant under contract and who has considerable expertise in the field of solid waste. One of their important functions the JPA performs each year is the establishment of solid waste collection rates within each city. The JPA Board is composed of one councilmember from each of the four member agencies, and is currently meeting on a quarterly basis, dates to be determined, typically starting at 5:00 p.m. at Monte Sereno City Hall. Santa Clara Vallev Transportation Authority Policy Advisory Committee The VTA PAC is one of several standing advisory committees to the VTA Boazd of Directors. Composed of elected official representing the cities through the County, the PAC makes recommendations to the VTA Board on issues of transportation planning and programming. The VTA PAC currently meets on the second Thursday of every month at 5:00 p.m. at the VTA offices on North First Street in San Jose. West Vallev Sanitation District The West Valley Sanitation District is governed by a five member board composed of one councilmember from each of the four west valley cities, and the 4"' District County Supervisor. The Board meets on the second and fourth Wednesday of every month at 6:00 p.m. at the District's Office, 110 E Sunnyoaks Avenue in Campbell. Boazd members are compensated $100 for each meeting attended. The Recycling and Waste Reduction Commission is the principal advisory body to city councils and the Board of Supervisors on countywide solid waste planning issues and the Countywide Integrated Waste Management Plan. The Commission meets on the 4`h Wednesday of the month at 5:30 p.m., 1735 N. First Street, Suite 301. City Council AdHoc Committees City/School AdHoc Committee Village AdHoc Committee DeAnza Trail AdHoc Kevin Moran Park AdHoc Fire District Boundary Drop AdHoc Design Review Ordinance AdHoc 4 SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY PREPARED BY: DEPT HEAD: SUBJECT: City Council Meeting Calendar for 2005 RECOMMENDED ACTION: Approve calendar. REPORT SUMMARY: Attached is the draft City Council Meeting Calendar for 2005. Please provide comments on the schedule at the meeting and provide direction regazding the final, official Council calendar for calendaz yeaz 2005. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Provide copies to all City Councilmembers, Staff, and Commissioners. Notify KSAR and update website. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Calendaz R .5 (•t a~. ~~ ", F CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 1/5 Regular Meeting - ___ Joint Meeting with Finance Commission 1/19 Regular Meeting - Joint Meeting with SASCC 2/2 Regular Meeting - Joint Meeting with Arts Commission 2/$ Council Retreat 2/16 Regular Meeting - Joint Meeting with Planning Commission 3/2 Regular Meeting - Joint Meeting with Heritage Preservation Commission 3/16 Regular Meeting - Joint Meeting with Youth Commission 4/6 Regular Meeting - Joint Meeting with Sazatoga Museum Association 4/20 Regular Meeting - Joint Meeting with Parks and Recreation Commission 5/4 Regular Meeting - Joint Meeting with Public Safety Commission 5/18 Regular Meeting - Hakone Foundation 6/1 Regular Meeting - Joint Meeting with Librazy Commission 6/15 Regular Meeting - Joint Meeting with Friends of the Sazatoga Library 7/6 Regulaz Meeting - Joint Meeting with Villa Montalvo Board 7/20 Regular Meeting - Joint Meeting with Chamber of Commerce g/3 Regular Meeting 8/17 Summer Recess 9/7 Regular Meeting 9/21 Regular Meeting 10/5 Regulaz Meeting 10/19 Regulaz Meeting 11/2 Regulaz Meeting 11/16 Regular Meeting 12/7 Regular Meeting 12/21 Regular Meeting -Council Reorganization SARATOGA CITY COUNCIL MEETING DATE: December 1, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Cathleen Boyer, Ci Clerk AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: City Council Retreat Topics RECOMMENDED ACTION: Informational only. REPORT SUMMARY: The annual City Council Retreat is scheduled for February 5, 2005. Attached is a draft agenda. If you would like to add additional topics please inform the Mayor no later than Thursday, January 13, 2004. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Prepaze Retreat Agenda. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Draft agenda F l ~~" ~~ ~y t~y '2i ~ GJ ~9 ~~s~ ~~Yti~.> AGENDA COUNCIL RETREAT NORTH CAMPUS SATURDAY FEBRUARY 5, 2005 CITY COUNCIL RETREAT -NORTH CAMPUS -PROSPECT AVENUE CALL MEETING TO ORDER - 9:00 A.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on Februazy 2, 2005) 9:00 a.m. Continental Breakfast 1. Planning Commission Design Review Alternatives 2. Minimum Service City -the "New Normal" • Definition Priorities • Budget • Staffing • Service Delivery Morning Break 3. North Campus 4. Community Communications 1:00 p.m. Lunch 5. 6. 7. 3:00 p.m. 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 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Poising of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on February 2, 2005 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www saratoea.ca.us Signed this 2"d day of February 2005 at Saratoga, California. Cathleen Boyer, CMC, City Clerk